Agenda packet — Reedley City Council, July 22, 2025 (part 1 of 2)

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 22, 2025
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
Mary Fast, Mayor Pro Tern
Christopher Arriaga, Council Member

MEETING CALLED TO ORDER
Michael Crutchfield, Council Member
Scott Friesen, Council Member
INVOCATION- John Burns, Director Central Valley Teen Challenge

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 1-12)

1. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 24, 2025 - (City Clerk)
Staff Recommendation: Approve

2. ADOPT RESOLUTION NO. 2025-024 AMENDING THE FISCAL YEAR 2025-2026 ADOPTED BUDGET APPROPRIATING $928,579 TO FUND THE CONSTRUCTION OF

REED AVENUE AND REEDLEY COLLEGE DRIVEWAY TRAFFIC SIGNAL PROJECT - (Engineering)
Staff Recommendation: Approve

3. ADOPT RESOLUTION NO. 2025-044, A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF REEDLEY APPROVING DESTRUCTION OF SPECIFIED CITY RECORDS AS LISTED ON EXHIBIT A- (City Clerk)
Staff Recommendation: Approve

4. ADOPT RESOLUTION NO. 2025-045 ACCEPTING THE CONSTRUCTION

IMPROVEMENTS FOR THE HOPE AVE RECONSTRUCTION FROM OLSON TO

CURTIS AVE PROJECT, AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER'S OFFICE - (Engineering) Staff Recommendation: Approve

5. ADOPT RESOLUTION NO. 2025-046 APPROVING AND ACCEPTING THE FISCAL YEAR 2025-2026 CLAIMS FOR MEASURE C LOCAL TRANSPORTATION FUNDS FROM THE FRESNO COUNTY TRANSPORTATION AUTHORITY - (Engineering) Staff Recommendation: Approve
2 6. CONSIDERATION OF ITEMS PERTAINING TO THE REEDLEY OPERA HOUSE

REVITALIZATION PROJECT
A. RATIFY THE AUTHORIZATION FOR CITY MANAGER TO EXECUTE A

VISUAL CONTENT LICENSE WITH T-MOBILE ASSOCIATED WITH THE

HOMETOWN GRANT PROGRAM
B. ADOPT RESOLUTION NO. 2025-048 AMENDING THE CITY OF REEDLEY 2025-26 ADOPTED BUDGET APPROPRIATING $74,769 TO FUND

CONSTRUCTION COSTS FOR THE STAGE PROJECT
C. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN ALL

PERTAINING DOCUMENTS ASSOCIATED WITH THE STAGE PROJECT
(Community Services)
Staff Recommendation: Approve

7. APPROVAL OF ITEMS PERTAINING TO THE SENIOR CONGREGATE MEAL

PROGRAM AT THE REEDLEY SENIOR CENTER
A. ADOPT RESOLUTION NO. 2025-049 AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 26-0171 AND ALL SUPPORTING DOCUMENTS

WITH THE FRESNO-MADERA AREA AGENCY ON AGING (FMAAA)
B. ADOPT RESOLUTION NO. 2025-050 AMENDING THE 2025-26 CITY OF REEDLEY ADOPTED BUDGET APPROPRIATING $9,500 IN FUND 027

SENIOR CITIZENS NUTRITION GRANT TO FUND THE SENIOR

CONGREGATE MEAL PROGRAM
(Community Services)
Staff Recommendation: Approve

8. CONSIDERATION OF ITEMS PERTAINING TO CONSTRUCTION OF TWO PICKLEBALL

COURTS AT THE REEDLEY SPORTS PARK
A. ADOPT RESOLUTION NO. 2025-051 AMENDING THE FISCAL YEAR 2025- 2026 ADOPTED BUDGET TO APPROPRIATE $214,000 IN MULTIPLE FUNDS

TO COMPLETE FUNDING FOR THE PROJECT
B. AUTHORIZE THE CITY MANAGER TO ACCEPT AND EXECUTE
DOCUMENTS RELATED TO A $100,000 GRANT FROM THE SIERRA KINGS

HEAL TH CARE DISTRICT
(Administration)
Staff Recommendation: Approve

9. ADOPT RESOLUTION NO. 2025-052 AMENDING THE FISCAL YEAR 2025-2026 ADOPTED BUDGET APPROPRIATING $550,770 TO UPDATE THE CITY OF REEDLEY'S INTEGRATED UTILITY MASTER PLAN - (Engineering) Staff Recommendation: Approve
3 10.CONSIDER THE FOLLOWING ITEMS (A) AND (B) FOR THE LOCAL AND COLLECTORS STREET IMPROVEMENTS PROJECT:

A. ADOPT RESOLUTION NO. 2025-053 AMENDING THE FISCAL YEAR 2025- 2026 ADOPTED BUDGET APPROPRIATING $3,454,447 FOR THE LOCAL

AND COLLECTOR STREET IMPROVEMENTS PROJECT
B. ADOPT RESOLUTION NO. 2025-054 AWARDING A CONSTRUCTION

CONTRACT TO AGEE CONSTRUCTION CORPORATION FOR THE LOCAL

AND COLLECTOR STREET IMPROVEMENTS PROJECT
(Engineering)
Staff Recommendation: Approve

11. CONSIDER THE FOLLOWING ITEMS (A) AND (B) FOR THE JEFFERSON ELEMENTARY SAFE ROUTES TO SCHOOL PROJECT:

A. ADOPT RESOLUTION NO. 2025-057 APPROVING AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENTS AND SIGN

THE GRANT DEEDS ON BEHALF OF THE CITY OF REEDLEY TO ACCEPT

STREET RIGHT OR WAY AND/OR TEMPORARY CONSTRUCTION

EASEMENTS FROM FOUR PROPERTY OWNERS RELATED TO THE

JEFFERSON ELEMENTARY SAFE ROUTES TO SCHOOL PROJECT
B. ADOPT RESOLUTION NO. 2025-058 AMENDING THE FISCAL YEAR 2025- 2026 ADOPTED BUDGET APPROPRIATING $54,822 FOR THE JEFFERSON

ELEMENTARY SAFE ROUTES TO SCHOOL PROJECT
(Engineering)
Staff Recommendation: Approve

12.CONSIDERATION OF ITEMS PERTAINING TO THE FINAL PHASE OF UPGRADES TO

THE FIRE PUBLIC SAFETY COMMUNICATIONS SYSTEM
A. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL

DOCUMENTS PERTAINING TO A SOLE SOURCE PURCHASE AND
INSTALLATION WITH J'S COMMUNICATIONS, INC. (MOTOROLA
SOLUTIONS) FOR A TOTAL COST OF $30,606
B. ADOPT RESOLUTION NO. 2025-059 AMENDING THE FISCAL YEAR 2025- 2026 ADOPTED BUDGET APPROPRIATING $30,606 IN THE FIRE FACILITIES

DEVELOPMENT IMPACT FEE FUND FOR THE PROJECT
(Fire Department)
Staff Recommendation: Approve

ADMINISTRATIVE BUSINESS

13. PRESENTATION OF OPTIONS RELATED TO THE WATER AEROBICS ONE-DAY PASS

FEE AND MONTHLY RATE ADJUSTMENTS, AND DIRECTION TO STAFF Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Community Services)
4 Staff Recommendation: Approve

WORKSHOP

14. PAYROLL SYSTEM UPDATE-Administrative Services

15. DISCUSSION REGARDING MEASURE C RENEWAL

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.

16. REEDLEY COMMUNITY SERVICES COMMISSION MINUTES OF REGULAR MEETING OF APRIL 24, 2025 - Community Services

COUNCIL REPORTS

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

STAFF REPORTS

18. 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 17th day of July 2025.

Ffuthie fJJtizdGreenwood, City Clerk
~
Dates to Remember:

August 12, 2025-Dark
August 26, 2025 -Regular Meeting at 7pm
5 REEDLEY CITY COUNCIL MEETING - June 24, 2025
A complete audio record ofthe minutes is available at www.reedlev.ca.gov The meeting of Reedley City Council was called to order by Mayor Tuttle at 7:00 p.m. on Tuesday, June 24, 2025 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 Fast.

ROLL CALL
Council Members

Present:

Absent:

Christopher Arriaga, Michael Crutchfield, Mary Fast, Scott Friesen and Matthew Tuttle None.

AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
Mayor Tuttle motioned, Council Member Friesen seconded to accept and approve agenda.

Motion unanimously carried.

PRESENTATION

1. JULY rs PARKS & RECREATION MONTH PROCLAMATION

2. INTRODUCTION OF NEW HUMAN RESOURCES TECHNICIAN
Assistant City Manager Paul Melikian introduced Atziri Contreras. Council welcomed Ms. Contreras to Reedley.

PUBLIC COMMENT
None.

CONSENT AGENDA (Item 3-10)
Council Member Fast asked to discuss item 6 prior to the vote. Community Development Director Rodney Horton answered questions about that item.

Council Member Fast moved, Council Member Crutchfield seconded to accept, approve and adopt all items listed under the CONSENT AGENDA.

3. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 10, 2025 -Approved

4. APPROVAL OF EXPENSE REIMBURSEMENT FOR COUNCILMEMBER FAST -Approved

5. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN A LEAGUE REGISTRATION

AGREEMENT WITH RCX SPORTS FOR NATIONAL FOOTBALL LEAGUE (NFL) FLAG PROGRAM - Approved

6. APPROVE AND AUTHORIZE THE CITY MANGER TO SIGN A PROFESSIONAL SERVICES

AGREEMENT WITH MINTIER HARNISH FOR CONSUL TING SERVICES FOR AN UPDATE TO THE GENERAL PLAN AND THE ACCOMPANYING ENVIRONMENTAL ANALYSIS-Approved

7. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH

HOLLOWAY ENVIRONMENTAL SOLUTIONS, LLC, FOR THE REMOVAL, TRANSPORTATION AND PROPER DISPOSAL OF THE CITY OF REEDLEY WASTEWATER TREATMENT PLANT BIO SOLIDSApproved REEDLEY CITY COUNCIL MEETING - June 24, 2025

8. APPROVE AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AN ENCROACHMENT

AGREEMENT WITH ALTA IRRIGATION DISTRICT FOR THE VESTING TENTATIVE SUBDIVISION MAP NO. 6488 PROJECT-Approved

9. APPROVE LIST DECLARING VEHICLES AND EQUIPMENT AS SURPLUS-Approved

10. CONSIDERATION OF ITEMS PERTAINING TO THE CITY OF REEDLEY'S INTEGRATED UTILITY MASTER PLAN:

A. ADOPT BUDGET AMENDMENT RESOLUTION NO. 2025-042 AMENDING THE FISCAL YEAR 2024-25 BUDGET TO APPROPRIATE AVAILABLE FUNDS IN THE AMOUNT OF $550,770 FOR THE UTILITY MASTER PLAN
B. ADOPT RESOLUTION NO. 2025-043 APPROVING AND AUTHORIZING THE CITY

MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH AKEL ENGINEERING GROUP, INC. FOR UPDATING THE CITY OF REEDLEY'S INTEGRATED

UTILITY MASTER PLAN
-Approved

ADMINISTRATIVE BUSINESS

11. REEVALUATION OF WATER AEROBICS ONE-DAY PASS FEE AND MONTHLY RATE ADJUSTMENTS

AND DIRECTION TO STAFF
Community Services Director Sarah Reid explained that in April, the City of Reedley's Master Fee schedule was presented to City Council including staffs recommendation increasing the one-day water aerobics pass fee.

The initial intent of the one-day pass was to accommodate one-time visitors or new participants to try the class before committing to the monthly class. Over time, the monthly fee has increased, while the one-day pass has remained unchanged at $5. Over the past year staff observed a growing trend of more participants purchasing multiple one-day passes and selectively attending classes as it fit their schedule. This shift led to more one-day passes sold and decreased the monthly passes. Staff is requesting for Council to deliberate and determine if the fee should be as proposed by staff or lowered from the approved $10.00 rate.

Public Comment:

Ismael Vitela: Spoke in support of the $5 daily pass.

Silvia Trevino: Spoke in support of keeping the $5 daily pass.

Tami Stegal: Spoke in support of the $5 daily pass.

After discussion Council requested that Staff review the item and revisit it at a future meeting with options for Council.

WORKSHOP

12. COMMUNITY CRIME AND STATISTICS BRIEFING
Chief Ediger provided an in depth presentation on the Police Department and statistics of calls for service in the community.

COUNCIL REPORTS

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

Council Member Crutchfield
• Shared about the T-Mobile grant celebration he attended • Discussed the Taste of the Town he attended
• Mentioned the Visalia Chamber Awards
2 REEDLEY CITY COUNCIL MEETING - June 24, 2025
Council Member Arriaga
• Mentioned the employee awards ceremony he attended
• Discussed the T-Mobile grant celebration
• Shared about the tour he had at the Waste Water Treatment Plant Council Member Fast
• Discussed the T-Mobile grant celebration she attended • Shared about Taste of the Town
• Mentioned the employee awards lunch she attended
• Provided an update about Kings Basin Meeting
• Thanked everyone for how quickly Hope A venue was finished Mayor Tuttle
• Discussed the T-Mobile grant celebration
• Shared about the employee awards lunch he attended
• Attended the ribbon cutting for the new phase of the Sports Park

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

City Manager Nicole Zieba:
• Discussed future pickleball courts
BREAK
9:09pm-9:26pm

CLOSED SESSION
Government Code Section 54957
THREAT TO PUBLIC SERVICES OR FACILITIES; CONSIDERATION OF TACTICAL RESPONSE PLAN Consultation with: Marc A. Ediger Chief of Police

RECONVENE TO OPEN SESSION
City Manager Nicole Zieba stated that no action was taken in closed session.

ADJOURNMENT
Mayor Tuttle adjourned the regular meeting at 10:20 p.m.

ATTEST:

Ruthie Greenwood, City Clerk
Mayor Matthew Tuttle
3 DATE: July 22, 2025

REEDLEY CITY COUNCIL
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 2_ ---
TITLE: ADOPT RESOLUTION NO. 2025-024 AMENDING THE FISCAL YEAR 2025- 2026 ADOPTED BUDGET APPROPRIATING $928,579 TO FUND THE

CONSTRUCTION OF THE REED AVENUE AND REEDLEY COLLEGE

DRIVEWAY TRAFFIC SIGNAL PROJECT
SUBMITTED: Marilu S. Morales, P.E. , l , A
City Engineer ~\JJ'
APPROVED:

City
Nicole
Manager
R. Zieba ~

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2025-024 amending the Fiscal Year 2025-2026 adopted budget appropriating $928,579 to fund the construction of the Reed Avenue and Reedley College Driveway Traffic Signal Project (Project).

EXECUTIVE SUMMARY
On May 27, 2025, Staff brought forward an item to City Council with the option to reject all bids for the Project or an alternative to award the Project to the lowest responsible, responsive bidder, A-C Electric Company. At that meeting Council directed Staff to award the Project to A-C Electric Company with the understanding that a budget amendment would be brought forward at a future date to fund the Project.

Staff is requesting that the City Council adopt Budget Resolution No. 2025-024 in the amount of $928,579 to fully fund construction, construction testing, a minor portion of construction management, and contingencies for the Project. The project contains funds from several sources including Measure C Flexible Funding, Transportation Development Impact Fees (DIF), Kings Canyon Unified School District (KCUSD) and Reedley College/State Center Community College District (SCCCD).

The Project will install a fully actuated phased traffic signal, with pedestrian crossings and overhead safety lighting, on Reed Avenue at the northernmost entrance to Reedley College, approximately 730 feet south of Parlier Avenue.

Page 1 of 2 ends

An agreement was executed with A-C Electric Company in the amount of $821,435. Staff is also requesting a contingency of 10% of the contract amount, or $82,144 be included in the Council action to cover any unforeseen incidentals.

PROJECT DESCRIPTION/BACKGROUND
The Project will install a fully actuated phased traffic signal, with pedestrian crossings and overhead safety lighting, on Reed Avenue at the northernmost entrance to Reedley College, approximately 730 feet south of Parlier Avenue. The intersection improvement shall consist of any restriping necessary to conform to the traffic signal, the construction or removal of ADA pedestrian ramps, driveway approaches, street lighting, pedestrian push buttons, minor concrete, minor asphaltic paving, modifications, and any modifications to the intersections.

The Project will also remove the mid-block crosswalk and rapid rectangular flashing beacons on Reed Avenue approximately 500 feet south of Parlier Avenue.

This project is a joint venture between the City of Reedley, Kings Canyon Unified School District (KCUSD) and Reedley College/State Center Community College District (SCCCD) for the design and construction of the project. Design has been completed and KCUSD and SCCCD have both been invoiced for their portion of the design costs. The construction costs for the Project include the lowest bid amount of $821,435, 10% contingency amount of $82,144 and testing/construction management amount of $25,000 for a total of $928,579. Of that amount KCUSD will pay $122,403, SCCCD will pay $272,403 and the City will pay the remaining amount of $533,773.

PRIOR COUNCIL ACTIONS
On September 27, 2022, the City Council authorized the City Manager to execute a Memorandum of Understanding with Kings Canyon Unified School District and with Reedley College and/or State Center Community College District for the Traffic Signal.

On January 24, 2023, the City Council entered into a Professional Services Agreement with Peters Engineering Group for designing consulting services.

On March 11, 2025, the City Council rejected all bids received for the Reed Avenue and Reedley College Driveway Traffic Signal Project bid opening held on March 4, 2025.

On May 27, 2025, the City Council directed Staff to award the Project to the lowest, responsible, responsive bidder, A-C Electric Company.

FISCAL IMPACT
The total authorization request for the construction of the Project is $928,579, which includes the construction contract, 10% contingency and testing/construction management. The construction for the Project is funded by Measure C Flexible Fund in the amount of $350,000, Transportation DIF in the amount of $183,773, KCUSD in the amount of $122,403 and SCCCD in the amount of $272,403.

ATTACHMENTS

1. Budget Amendment Resolution No. 2025-024

Page 2 of 2 ends

BUDGET AMENDMENT
RESOLUTION 2025-024
The City Council of the City of Reedley does hereby amend the 2025-26 Budget as follows:

SECTION I - ADDITIONS
Account Number
014-4441. 5034
100-4270.5034
001-4400.5034
Total
Account Description
Reed Ave - Reedley College Traffic Signal
Reed Ave - Reedley College Traffic Signal
Reed Ave - Reedley College Traffic Signal
Amount
$ 350,000
$ 183,773
$ 394,806
$ 928,579
Purpose: Construction expenses for the Reed Avenue and Reedley College Driveway Traffic Signal

SECTION II - SOURCE OF FUNDING
Account Number
014-2710
100-2710
001-3779
Total
Account Description
FCT A Flexible Funding Fund Balance
DIF Transportation Fund Balance
Local Project Reimbursement
Amount
$ 350,000
$ 183,773
$ 394,806
$ 928,579
Impact: Sufficient funds in FCTA Flexible Funding and DIF Tranportation fund balances for project construction.

KCUSD and Reedley College will reimburse a portion of the construction costs. ~
REVIEWED:
~ /z.~
The foregoing resolution was approved by the City Council of the City of Reedley on this 22nd day of July 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN: APPROVED:

Matthew Tuttle, Mayor
ATTEST:

Ruthie Greenwood, City Clerk
DATE: July 22, 2025

REEDLEY CITY COUNCIL
IZI Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 3
TITLE: ADOPT RESOLUTION NO. 2025-044, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF REEDLEY APPROVING DESTRUCTION OF SPECIFIED CITY RECORDS AS LISTED ON EXHIBIT A.

SUBMITTED: Ruthie Greenwood ~
City Clerk 'f<bl
APPROVED: Nicole R. Zieba \ . /
City Manager ~

RECOMMENDATION
Staff recommends that the Reedley City Council adopt Resolution no. 2025-044, authorizing the destruction of 57 boxes ( contents listed on Exhibit "A") of outdated documents · eligible for destruction per California Government Code § 34090 and the City of Reedley's Record Retention Guidelines adopted by Council on April 8, 2008.

EXECUTIVE SUMMARY
Government Code of the State of California § 34090 provides for a procedure whereby any City record which has served its purpose and is no longer required can, and in some cases must be destroyed. On April 8, 2008, the City of Reedley adopted the Record Retention Guidelines, which utilized State guidelines to establish a local policy and provided guidelines for the destruction of records. Each department has followed these guidelines and submitted documents to be considered for destruction. As part of the process Department Directors, City Clerk and City Attorney have reviewed the records and have approved the destruction of those records listed on Exhibit A.

ATTACHMENTS

1. Resolution no. 2025-044

2. Exhibit A

Page 1 of 1 ends

RESOLUTION NO. 2025-044

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY AUTHORIZING DESTRUCTION OF SPECIFIED CITY RECORDS.

WHEREAS, the records ( collectively "Records") of the City of Reedley described in Exhibit "A" , Destruction #005, which is attached to this Resolution and made a part hereof are now obsolete, no longer required by the City of Reedley and should be destroyed without retaining copies of the Records; and
WHEREAS, the attached list of City records represents records which are no longer necessary and may at this time be destroyed, per the Record Retention Guidelines adopted by Council on April 8, 2008 and Government Code of the State of California § 34090; and WHEREAS, the City Attorney has reviewed and provided the City of Reedley with its written approval for the destruction of the Records.

NOW THEREFORE, BE IT RESOLVED that the Reedley City Council hereby approve the destruction of the records identified in Exhibit "A" to this Resolution without retaining copies of the records.

This foregoing resolution is hereby adopted the 22th day of July, 2025, in the City of Reedley, by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Matthew Tuttle, Mayor
ATTEST:

Ruthie Greenwood, City Clerk
1 Date: 7/22/2025 Destruction No. 005

DESTRUCTION OF RECORDS
The original record(s) listed on this form have completed the retention cycle in accordance with the City's adopted Retention Schedule and are eligible for destruction. All listed record(s) have been prepared by Departments, reviewed by City Clerk and City Attorney.

Description of Contents
Program files and facility rentals for Community Services Cash Management, Fixed assets and General Ledger
Employee Files A-Z (including 19)
Inspections, Fire Prevention
Recruitments closed on or prior to 12/31/2020
Fire Incident reports and daily logs
/J!AiJ,F/:4 . - .

City Clerk
9 32
2 8
1 5
# of
Boxes
Record
Start Period
1 /1985
1/2013
2013
1/1960
1/2019
1/2017
Record
End Period
12/2021
12/2015
2018
12/2021
12/2020
12/2021
Retention
Period
Current Year+2
Audit +4
Current Year +2
Completion+3
Completion +3
Closed +3
~-
~~ ----~
05/01 /2020
DATE:

TITLE:

July 22, 2025

REEDLEY CITY COUNCIL
~ Consent Calendar
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: ----
ADOPT RESOLUTION NO. 2025-045, ACCEPTING THE CONSTRUCTION

IMPROVEMENTS FOR THE HOPE AVE RECONSTRUCTION FROM OLSON TO

CURTIS AVE PROJECT, AND AUTHORIZE THE CITY ENGINEER TO FILE A

NOTICE OF COMPLETION WITH THE COUNTY OF FRESNO RECORDER'S OFFICE
PREPARED: Paola Ramirez f K_
SUBMITTED:

APPROVED:

Engineering Assistant
Marilu Morales , \ \ \
City Engineer ~',
Nicole Zieba /
City Manager ~

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2025-045, accepting the construction improvements for the Hope Ave Reconstruction from Olson to Curtis Ave Project, and authorize the City Engineer to file a Notice of Completion with the County of Fresno Recorder's Office.

EXECUTIVE SUMMARY
On April 10, 2025, City staff conducted the bid opening for the Hope Ave Reconstruction from Olson to Curtis Ave Project (Project). A "Notice of Award" was issued to the lowest responsive, responsible bidder, R.J. Berry Jr. Inc., on April 23, 2025. The first working day on this contract was May 19, 2025. The time of completion for the Project was 30 working days and the Project was completed within the timeframe.

There was one (1) change order requested and issued on the Project for additional hot mix asphalt concrete, additional concrete curb and gutter, and additional adjustment of water valves due to extending the limits of construction to include a small portion of the roadway on Shoemake Avenue.

The total for all change orders equaled $16,846.00, or a 6.26% increase from the original contract amount. The contract change order was approved by the City Manager and contingency funds were utilized on the Project for it. The final construction contract for the Project with the change orders totaled $286,007. The contractor has completed all contract items to the satisfaction of the City Engineer.

Page 1 of 2 ends

PRIOR COUNCIL ACTIONS
Resolution No. 2025-023 awarded a construction contract for the Project to the lowest responsive, responsible bidder, R.J. Berry Jr., Inc. , in the amount of $269,161.00 plus a 10% contingency of the total bid or $26,916.10 for a total of $296,077.10.

FISCAL IMPACT
There is no fiscal impact with regard to the recordation of a Notice of Completion for the Project.

ATTACHMENTS

1. Resolution No. 2025-045

2. Notice of Completion

Page 2 of 2 ends

RESOLUTION NO. 2025-045

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY

ACCEPTING THE CONSTRUCTION IMPROVEMENTS FOR THE HOPE AVE

RECONSTRUCTION FROM OLSON TO CURTIS AVE PROJECT, AND

AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION WITH

THE COUNTY OF FRESNO RECORDER'S OFFICE
WHEREAS, the Hope Ave reconstruction from Olson to Curtis Ave Project has been completed per the plans and specifications; and
WHEREAS, there are no outstanding matters with the contractor regarding construction items; and WHEREAS, on July 22, 2025 the City held a public meeting at the City of Reedley Council Chamber, at 845 "G" Street to consider acceptance of the construction improvements.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Reedley using their independent judgment hereby resolves as follows:

1. The above recitals are true and correct and incorporated herein by reference.

2. The City Council using their independent judgment, hereby accepts the subject improvements.

3. The City Council hereby accepts the subject project for maintenance in accordance with the provisions of the contract and applicable ordinances and policies.

4. The City Council approves the Notice of Completion for the construction improvements for the Hope Ave reconstruction from Olson to Curtis Project, and hereby authorizes the City Engineer to transmit the attached Notice of Completion to the Fresno County Recorder's Office.

5. This resolution is effective upon adoption.

This foregoing resolution is hereby approved and adopted by the City Council of the City of Reedley on this 22nd day of July 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Matthew Tuttle, Mayor
ATTEST:

Ruthie Greenwood, City Clerk
RECORDING REQUESTED BY:

AND FOR THE BENEFIT OF,
City of Reedley
No Fee-Gavit. Code Sections
6103 and 27383
WHEN RECORDED, MAIL TO:

City of Reedley
Engineering Department
1733 9th Street
Reedley, CA 93654

SPACE ABOVE THIS LINE FOR RECORDER'S USE

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.

Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is: City of Reedley

3. The full address of the owner is: 845 "G" Street, Reedley, CA 93654

4. The nature of the interest or estate of the owner is: City of Reedley Right-of-Way

5. A work of improvement on the property hereinafter described was completed on : June 27, 2025. The work done was: Hope Ave Reconstruction from Olson to Curtis Ave Project

6. The name of the contractor, if any, for such work of improvement was: R.J. Berry Jr., Inc.

7. The property on which said work of improvement was completed is in the City of Reedley, County of Fresno, State of California, and is described as follows: Public right-of-way within the City of Reedley along Hope Avenue between Olson Avenue and Curtis Avenue

8. The street address of said property is: N/A

9. Resolution No. 2025-045, Attached Hereto and Made a Part Hereof.

City of Reedley
Dated: ____________ _
Marilu S. Morales, P.E. , City Engineer

VERIFICATION
I, the undersigned, say: I am the City Engineer for the City of Reedley, the declarant of the foregoing notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
-Marilu S. Morales
(PERSONAL SIGNATURE OF TH E INDIVIDUAL WHO IS SWEARING THAT TH E CONTENTS OF THE NOTICE OF COMPLETION ARE TRUE.) Executed on ______ _ _____ ___ , 2025, at _R--'e--'--e-'--dl-'-ey._._1 ___ --'--C-'---al_ifo_r_ni_a _ _ _ _______ _ (DATE) (CITY) (STATE) DATE:

TITLE:

SUBMITTED:

APPROVED:

July 22, 2025

REEDLEY CITY COUNCIL
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 5 ----
ADOPT RESOLUTION NO. 2025-046 APPROVING AND ACCEPTING THE FISCAL YEAR 2025-2026 CLAIMS FOR MEASURE C LOCAL TRANSPORTATION FUNDS

FROM THE FRESNO COUNTY TRANSPORTATION AUTHORITY
Marilu S. Morales, P.E.\ \ \ ~
City Engineer JAY"
Nicole R. Zieba . /
City Manager W

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2025-046 approving and accepting the City of Reedley annual claims for Measure C Extension Local Agency Pass-Through Transportation Funds for Fiscal Year (FY) 2025-2026 and authorizing the City Engineer to sign and submit each subprogram claim to the Fresno County Transportation Authority.

EXECUTIVE SUMMARY
At its June 18, 2025, board meeting the Fresno County Transportation Authority (FCTA) approved the City of Reedley apportionment for the FY 2025-2026 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 2025-2026 is $928,974 based upon a formula calculation using the City's 2025 population estimates per the California Department of Finance and the 2023 road miles per Caltrans Maintained Public Road Data Report. Distributions of the FY 2025-2026 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 2024- 2025, to the Fresno County Transportation Authority no later than November 15, 2025.

FISCAL IMPACT
The City's allocation for FY 2025-2026 is an estimated $928,974. 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
$408,196
$ 14,287
$393,909
$ 90,470
$ 22,113
All values shown above were taken directly from the documents provided by the FCT A.

ATTACHMENTS

1. Resolution No. 2025-046

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

Page 2 of 2 ends

RESOLUTION NO. 2025-046

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY APPROVING AND ACCEPTING THE FISCAL YEAR 2025-2026 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 2025 population was determined at 26,603 per the California Department of Finance; and
WHEREAS, the City of Reedley is not exempt from restricting a portion of its FY 2025-2026 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, 2025; 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 $928,974 or 2.22% of the expected Measure C sales tax revenues for FY 2025-2026; 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
$408,196
$ 14,287
$393,909
$ 90,470
$ 22,113; 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 22, 2025 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 22nd day of July, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: Matthew Tuttle, Mayor
Ruthie Greenwood, City Clerk
Resolution No. 2025-046

MEASURE C EXTENSION

LOCAL TRANSPORTATION PASS THROUGH REVENUES '
CERTIFICATION AND CLAIM FOR FY2025-26
TO: Fresno County Transportation Authority
FROM: City of Reedley
Local Agency Name
Address:845 G Street, Reedley, CA 93654 Contact: Marilu Morales 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 • 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 2025-2026 setting 2.41% of $16,963,777 (or $4QS;19.g) 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. The Authority shall immediately notify the Fresno County Auditor-Controller/Treasurer-Tax Collector to withhold allocation of funds to claimants until the exceptions are resolved or the outstanding financial or compliance audits are submitted and resolved.

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 FY2025-26
TO: Fresno County Transportation Authority
FROM: City of Reedley
Local Agency Name
Address:845 G Street, Reedley, CA 93654 Contact: Marilu Morales 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 l:8l 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") 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 Transportatiqn Authority has adopted a Resolution of Apportionment for Fiscal Year 2025-2026 setting 2.41 % of $593,732 ( or $1,4',281) 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.

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 FY2025-26
TO: Fresno County Transportation Authority
FROM: City of Reedley
Local Agency Name
Address:845 G Street, Reedley, CA 93654 Contact: Marilu Morales 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 C8l 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 Local Agency Name
California Public Utilities Code Section 142257.

3. The Fresno County Transportation .A.~th~rity has adopted a Resolution of Apportionment for Fiscal Year 2025-2026 setting 2.32% of $16,950,102 (or $3~2;9Q9) 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.

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 FY2025-26
TO: Fresno County Transportation Authority
FROM: City of Reedley
Local Agency Name
Address:845 G Street Reedley, CA 93654 Contact: Marilu Morales 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 ~ 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 A~thority has adopted a Resolution of Apportionment for Fiscal Year 2025-2026 setting 15.41% of $587,213 (or $$0~~16) 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

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

Authorized Signature:

Title: City Engineer
Date:

ATTACHM ENT: 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

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 • 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 Transport~!i9Q Aythority has adopted a Resolution of Apportionment for Fiscal Year 2025-2026 setting 2.50% of $883,905 (or $2?';~:J~) 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.

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

BEFORE THE

FRESNO COUNTY TRANSPORTATION AUTHORITY BOARD
RESOLUTION NO 2025-02
In the Matter of: )

FRESNO COUNTY TRANSPORTATION )

IMPROVEMENT 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 2025-26
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/Para transit
Ag-worker/Car/Van Pools
Local Transportation Program
Local Allocation
P edestrian/Trai 1 s
Bicycle Facilities

Page 1 ends

and
Regional Transportation Program
Fresno Airports
Administration/Planning Program
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 2025-26 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 2025-26 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 2025-26 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 Transportation Authority.

Page 2 ends

THE FOREGOING RESOLUTION was passed and adopted by the Fresno County Transportation Authority Board this 18th day of June 2025.

A YES:~ )Ashbeck, Bredefeld, Karbassi, Mendes, Sihota
NOES:())
ABSTAIN: ()
ABSENT: g) Beltran Dyer Martinez ' '
VACANT:()
SIGNED: L_.;,.

Ernest "Buddy"
~~ Mendes, Chairman
Fresno County Transportation Authority
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,onJune 18, 2025.

SIGN~// .. ,/· . ·D
<'ti e Director
Transportation Authority
/dd/reso/PassThru-Allocation-2025-02

Page 3 ends

Table 1
Measure C Sales Tax Revenue
2025/26
Approved by the FCTA Board 06/18/25
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 I Seniors / Paratransit
Farmworker I Car I 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

Page 4 ends

Percent

13.70%

1.97%

3.99%

0.29%

0.79%

0.58%

2.10%

30.60%

2.15%

0.95%

0.90%

14.70%

1.00%

6.00%

2.30%

1.20%

1.00%

0.50%
100.00%
$111,816,558
$942,200
Allocation
15,189,788
2,184,225
4,423,887
321,536
875,907
643,071
643,071
2,328,362
33,927,554
2,383,799
1,053,306
997,869
16,298,530
16,298,530
1,108,744
6,652,461
2,550,111
1,330,491
1,108,744
554,372
Table 2

FRESNO COUNTY TRANSPORTATION AUTHORITY

MEASURE C FUND APPORTIONMENT
Local Allocation Sub Program
FY2025/26
6/18/2025 Approved by the FCTA Board
Street ADA Flexible Ped/Trails Ped/Trails Bicycle
Maintenance Compliance Funding Urban Rural Facilities Total Clovis 1,804,690 10.64% 63,164 10.64% 1.741,526 10.27% 423,192 17.75% 0 0.00% 108,326 12.26% 4,140,898 Coalinga 286,080 1.69% 10,013 1.69% 350,521 2.07% 0 0.00% 0 0.00% 0 646,614 Firebaugh 167,460 0.99% 5,861 0.99% 198,484 1.17% 0 0.00% 0 0.00% 0 0.00% 371,805 Fowler 160,202 0.94% 5,607 0.94% 187,472 1.11% 0 0.00% 0 0.00% 0 0.00% 353,280 Fresno 7,576,737 44.66% 265,186 44.66% 7 ,311,551 43.14% 1,825,665 76.59% 0 0.00% 464,662 52.57% 17,443,801 Huron 139,205 0.82% 4,872 0.82% 163,414 0.96% 0 0.00% 0 0.00% 0 0.00% 307,490 Kerman 283,838 1.67% 9,934 1.67% 347,972 2.05% 0 0.00% 0 0.00% 0 0.00% 641,744 Kingsburg 235,972 1.39% 8,259 1.39% 284,373 1.68% 0 0.00% 0 0.00% 0 0.00% 528,603 Mendota 214,018 1.26% 7,491 1.26% 259,877 1.53% 0 0.00% 0 0.00% 0 0.00% 481,386 Orange Cove 180,154 1.06% 6,305 1.06% 214,929 1.27% 0 0.00% 0 0.00% 0 0.00% 401,388 240 591 1.42%, 8 421 1.42% 293,754 1.73% 0 0.00% 0 0.00% 0 0.00% 542,766 408,196 2.41% 14,287 2.41% 393,909 2.32% 0 0.00% 90,470 15.41% 22,113 2.50% 928,974 San Joaquin 100,275 0.59% 3,510 0.59% 112,295 0.66% 0 0.00% 0 Sanger 4 19,910 2.48% 14,697 2.48% 405,213 2.39% 0 0.00% 91 ,946 15.66% 22,837 2.58% 954,602 Selma 388,241 2.29% 13,588 2.29% 479,141 2.83% 0 0.00% 0 0.00% 0 0.00% 880,970 County of Fresno 4,358,211 25.69% 152,537 25.69% 4,205,674 24.81% 134,942 5.66% 404,797 68.94% 265,967 30.09% 9,522,127 16,963,777 593,732 16,950,102 2,383,799 587,213 883,905 38{362;52? . 38,362,528

Page 5 ends

Table 3

FRESNO COUNTY TRANSPORTATION AUTHORITY

MEASURE C FUND APPORTIONMENT CALCULATIONS
Local Allocation Sub Program
FY2025/26 6/18/2025 Approved by the FCT A Board
,202.1 ·?:- . 20.2::l
Population Road
Miles
75% 25% Percent Percent
Clovis 129,121 397.5 0.093380714 0.01517623
Coalinga i7/.l08 49.0 0.012734161 0.001871351
Firebaugh 8,714 25.3 0.006301992 0.000964885
Fowler 7,657 33,3 0.005544799 0.001273023
Fresno 557,032 1.644.9 0.402847299 0.062607278
Huron 6,932 13.2 0.005013244 0.000505543
Kerman 17.S'.3:5 468 0.012681367 0.001785439
Kingsburg 13,285 49.7 0.009607754 0.001897697
Mendota 12,710 25.0 0.009191912 0.00095534
Orange Cove 9,717 26.S 0.007027365 0.001024833
San Joaquin 3,654 t 2.3 0.002642584 0.000467742
Sanger 27,037 87,3 0.019553244 0.003331852
Selma 24,585 82.4 0.01777995 0.0031459
County of Fresno iG0,204 319-45.i 0.115860038 0.150674847 TOTAL 1;037,053 6,547.4 0.750000 0.250000
Urban Rural
Population Population
Clovis 129,121
Coalinga 17,608
Firebaugh 8,714
Fowler 7,667
Fresno 557,032
Huron 6,932
Kerman 17,535
Kingsburg 13,285
Mendota 12,710
Orange Cove 9,717
Parlier 14 649 I Reedley 26,503
San Joaquin 3,654
Sanger 27,037
Selma 24,585
County of Fresno 41,172 119,032
- TOTAL 727,325 309,728
1;037;053 .

10.86%

1.46%

0.73%

0.68%

46.57%

0.55%

1.45%

1.15%

1.01%

0.81%

0.31%

2.29%

2.09%

26.65%
100.00%
Formula Above
Minimum
S100,000
Min
100,000 3,509,380
100,000 472,160
100,000 234,920
100,000 220,403
100,000 15,053,474
100,000 178,409
100,000 467,676
100,000 371,943
100,000 328,036
100,000 260,308
100,000 100,550
100,000 739,819
100,000 676,482
100,000 6.616,421

1.600,000 32,327,554
32,327,554
Pedestrian/Trials
Urban Rural
423,192
1,825,555
134,942
2,383,799
2,383,799
59,880
29,634
26,074
0 23,574
59,632
45,179
43,224
33,045
49,818
90,470
12,426
91,946
83,607
404,797
1,053,306
1,053,306
3,437,105
Local
Allocation Street Main!.

Program 50% of
Local
Allocafon
3,609,380 1,804,690
572,160 286,080
334,920 167,460
320,403 160,202
15,153,474 7,576,737
278,409 139,205
567,676 283,838
471 ,943 235,972
428,036 214,018
360,308 180,154
200,550 100,275
839,819 419,910
776,482 388,241
8,716,421 4,358,211
33,927,554 16,963,777
FY24 L TP Allocation
;:,iWitit~tijj ::~~~;~
0 108,326
59,880 14,574
29,634 7,251
26,074 6,803
0 464,662
23,574 5,507
59,632 14,436
45,179 11,481
43,224 10,126

33.045 8,035
49,818 11,766
0 22,113
12,426 3,104
0 22,837
83,607 20,881
0 265,967
466,093 997,869
997,869
Page6
Total
Ailocableto
Program
4,140.898
646,614
371,805
353,280
17,443,801
307,490
641,744
528,603
481,386
401,388
216,080
954,602
880,970
9,522,127
38,362,526
0 14,574
7,251
6,803
0 5,507
14,436
11,481
10, 126
8,035
11J66
0 3,1"04
0 20,881
0 113,964
0 59,880
29,634
26,074
0 23,574
59,632
45,179
43,224
33,045
12,426
0 83,607
0 466,093
0 14,574
7,251
6,803
0 5,507
14,436
11,481
10,126
8,035
3,104
0 20,881
C
113,964
587,213

1. 75% of Local Allee
Compriance
63,164
10,013
5,861
5,607
265,186
4,872
9,934
8,259
7,491
6,305
IH21
14,287
3,510
14,697
13,588
152,537
593,732
883,905
997,869

48.25% of Local
Alice
Flexible
Funding
1,741,526
350,521
198,484
187,472
7,311 ,551
153,414
347,972
284,373
259,877
214,929
29J 7 ~!!
393,909
112,295
405,213
479,141
4,205,674
16,950,102
Ped/Trails
Urban
423,192
0 0
0 1,825,665
0 0
0 0
0 0
0 134,942
2,383,799
3,437,105
Ped/Trails Bicycle
Rural Facilities Total
0 0
0 0
0 0
0 0
0 0
0 90,470
91,946
0 404,797
587,213
108,326
0 0
0 464,662
0 0
0 0
0 0
22,113
22,837
0 265,967
4,140,898
646,614
371,805
353,280
17,443,801
307,490
641 ,744
528,603
481,386
401 ,388
542,766
928,974
954,602
880,970
9,522,127
883,905 : ~13i362;526 .

DATE:

TITLE:

SUBMITTED:

APPROVED:

REEDLEY CITY COUNCIL
July 22, 2025
1:8] Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: {p ---

CONSIDERATION OF ITEMS PERTAINING TO THE REEDLEY OPERA

HOUSE REVITALIZATION PROJECT

A) RATIFY THE AUTHORIZATION FOR CITY MANAGER TO EXECUTE

A VISUAL CONTENT LICENSE WITH T-MOBILE ASSOCIATED

WITH THE HOMETOWN GRANT PROGRAM
B) ADOPT RESOLUTION NO. 2025-048 AMENDING THE CITY OF
REEDLEY 2025-26 ADOPTED BUDGET APPROPRIATING $74,769

TO FUND CONSTRUCTION COSTS FOR THE STAGE PROJECT

C) APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN ALL

PERTAINING DOCUMENTS ASSOCIATED WITH THE STAGE

PROJECT
Sarah Reid, Community Services Direct
Nicole R. Zieba, City Manager

RECOMMENDATION
Consideration for items pertaining to the Reedley Opera House Revitalization Project: A) Ratify the authorization for City Manager to execute a Visual Content License with T-Mobile associated with the Hometown Grant Program, B) Adopt Resolution No. 2025-048 amending the City of Reedley 2025-26 Adopted Budget appropriating $74,769 to fund construction costs for the stage project, and C) Approve and authorize the City Manager to sign all pertaining documents associated with the stage project.

EXECUTIVE SUMMARY
A few years ago, staff became aware of concerns regarding the condition of the stage in the Historic Reedley Opera House. These concerns included noticeable squeaks when performers moved across the stage and soft spots in various areas. Over time, these issues began to impact the quality of productions, with some productions not being considered due to concerns related to the worsening stage.

Although the project was recognized as a priority, it was placed on the City's Capital Improvement Project (CIP) list for a future fiscal year due to limited funding and competing priorities. In early spring , staff was made aware of a potential funding opportunity through the T-Mobile Hometown Grant Program and met with a contractor to obtain a cost estimate for the proposed work. Given the estimated cost, the City began exploring options to reduce expenses.

The contractor committed to contributing to the project by donating labor and/or materials, allowing the full scope of the project to be completed.

In late April 2025, staff submitted a grant application to the T-Mobile Hometown Grant Program, requesting funding to support the revitalization of the stage in the Historic Reedley Opera House. The application included a detailed narrative describing the project with the following request:

The City of Reedley is proposing the renovation of the stage at the historic Reedley Opera House to create a safer, more dynamic, and inclusive space for cultural expression and community connection. As the home of the River City Theatre Company, the Opera House is one of Reedley's most cherished landmarks and serves as a creative gathering place for people of all ages. This is a City of Reedley owned facility who leases the space to the local non-profit theater company. When the City was gifted the building, it came with strict conditions requiring it to be open to the public for the performing arts in perpetuity.

Currently, the stage is in severe disrepair - structurally weakened and unsafe - which limits its use for live performances, youth programming, and community events. This renovation will restore the stage's integrity and functionality, enable a wider range of performances and expand arts programming. More than just a building improvement, this project is a placemaking initiative designed to strengthen downtown Reedley as a vibrant cultural hub, drawing residents and visitors alike into shared artistic and civic experiences.

Beyond the events offered by RCTC, the Opera House hosts a variety of local talent and entertainers for community performances. The City of Reedley hosts events for all ages introducing the community to the arts and historical building. The integrity of the stage is a vital part of the buildings use.

On June 17, 2025, it was announced that the Historical Reedley Opera House Revitalization Project had been selected for funding. Out of nearly 1,000 applications, only 25 grants were awarded nationwide, with Reedley being the sole recipient in California. A check presentation ceremony was held on June 24, 2025, to celebrate the award and the opportunity to complete this much-needed project. The event showcased the strong partnerships and community support that have come together to make the project possible.

Staff is currently working with the Copeland Olson Construction, local contractor, to order materials and establish a project start date, while coordinating efforts to minimize disruption to River City Theatre Company's schedule. The goal is to complete the revitalization before the end of the calendar year.
2 FISCAL IMPACT
The proposed Budget Amendment No. 2025-048, requests appropriations of $74,769 for the Opera House Stage Revitalization Project expenditure account. Of this amount, $49,769 will be reimbursed through the T-Mobile Hometown Grant, and $25,000 will be allocated from the unfunded General Fund revenue account.

ATTACHMENTS

1. Visual Content License

2. Budget Amendment No. 2025-048
3 VISUAL CONTENT LICENSE
(Company)
This Visual Content License ("Agreement") in entered into between City of Reedley ("Licensor") and T-Mobile USA, Inc. (':T-Mobile") effective as of _ 05/15/2025 _ in connection with the T-Mobile project currently entitled _ Ql 2025 Hometown Grant Announcement Video_ ("Project"). In exchange for the opportunity of Licensor being included in the Project and the mutual agreements contained herein, the parties agree as follows:

1. Licen or hereby irrevocably grants T-Mobile, its agents, and others working for it or on its behalf, and their respective li censees, successors, and assigns (collectively referred to as the "Licensed Parties") a royalty-free right to use, display, and otherwise exploit certain photographs, videos, or other visual content described in Exhibit A ( collectively referred to as the '~Materials") in any media now known or later developed, anywhere in the world, in perpetuity, in connection with the Project. The rights herein granted include the right to modify, edit, and make derivative works. Nothing herein will constitute any obligation on the Licensed Parties to make any use of the rights set forth herein.

2. T-Mobile i not required to submit any advertisements or other content containing the Material to Licensor for approval and the Licensed Parties shall be without liability to Licensor for any distortion or illusionary effect resulting from the exhibition, publication, broadcast, or other use of the Materials. T-Mobile shall own all rights of every kind in and to all content T-Mobile produces containing the Materials ("Content") and shall have the right to use the Content in any manner it may desire without limitation or restriction of any kind.

3. L icensor hereby (i) expressly releases, discharges, and waives all claims, demands, losses, and liabilities of any nature which may arise from the exploitation of the rights granted hereunder, and (ii) covenants not to make any claims against the Licen ed Parties as a result of any and all loss or injury caused by or occurring as a result of the exploitation of the rights granted hereunder. The release in this Section 3 specifically and expressly includes any rights of publicity or privacy Licensor may have under applicable law.

4. Licensor represents and warrants that it i) is the owner of the copyright and all other rights in and to the Materials, ii) has fully valid releases from all recognizable people and places depicted in the Materials and will provide such releases upon request by T-Mobile, iii) has the full right, power and authority to grant T-Mobile all of the rights and licenses herein granted, and iv) will nqt take any action which might interfere with T-Mobile's ability to exercise the rights granted hereunder. Licensor wili"indemnify, defend, and hold harmless T-Mobile, its affiliates, subsidiaries, divisions and each of their respective officers, directors, employees, representatives, licensees, and agents (the "Indemnitees") from and against all claims, liabilities, allegations, suits, actions, investigations, judgments, deficiencies, settlements, inquiries, demands, or other proceedings ( each a "Claim") made or brought by any third party against any of the Indemnitees, including without limitation reasonable legal fees and expenses, in connection with or arising out of the breach by Licensor of any representation or warranty herein or T-Mobile's inclusion of the Materials in the Content.

5. Licen or's sole right as to any breach of this Agreement by T-Mobile shall be limited to the recovery of money damages at law, if any. Licensor will not be entitled to injunctive or other equitable relief with respect to the use of the Materials.

6. This Agreement supersedes all prior negotiations and understandings between the parties relating to the rights granted herein. This Agreement and all matters or issues collateral thereto shall be governed by the internal, substantive law of the State o f Washington without regard to the conflicts of law provisions thereof.

T-MOBILE USA, INC.
ignature: __________ _ _ ____ _
Name: ------------------
Title: _________________ _
Date: ______ ____________ _

LICENSOR
Name: Nicole R. Zieba
Title: City Manager
Date: ~L
0 /U::

Phone: (5 637-4200 ext.

Email : nico le.zieba1ci reedl ey.ca.go\

BUDGET AMENDMENT
RESOLUTION 2025-048
The City Council of the City of Reedley does hereby amend the 2025-2026 Budget as follows:

SECTION I - ADDITIONS
Account Number Account Description Amount
001-4127.6808 Opera House Stage Project $
Total $
Purpose: Staff is requesting appropriations for the Opera House Stage Revitalization Project.

SECTION II - SOURCE OF FUNDING
Account Number
001-3842
001-2710
Total
Account Description
Opera House Grant
Unallocated General Fund Balance
$
$
$
Amount
74,769
74,769
49,769
25,000
74,769
Impact: The City of Reedley received the T-Mobile Hometown Grant and will allocate the remaining balance of the required project funds from the General Fund.

REVIEWED:
~~ "lf,5/'Z-5
Assistant City Manager City Manager
The foregoing resolution was approved by the City Council of the City of Reedley on July 22, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN: APPROVED:

Matthew Tuttle, Mayor
ATTEST:

Ruthie Greenwood, City Clerk
DATE:

TITLE:

By:

SUBMITTED:

APPROVED:

July 22, 2025

REEDLEY CITY COUNCIL
1:8J Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: '7 ----

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

A) ADOPT RESOLUTION NO. 2025-049 AUTHORIZING THE CITY
MANAGER TO EXECUTE CONTRACT NO. 26-0171 AND ALL

SUPPORTING DOCUMENTS WITH THE FRESNO-MADERA AREA

AGENCY ON AGING (FMAAA)
B) ADOPT RESOLUTION NO. 2025-050 AMENDING THE 2025-26 CITY OF REEDLEY ADOPTED BUDGET APPROPRIATING $9,500 IN
FUND 027 SENIOR CITIZENS NUTRITION GRANT TO FUND THE

SENIOR CONGREGATE MEAL PROGRAM
Madison Mitchell
Recreation Supervisor
Sarah Reid
Community Services Direc
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. 2025-049 authorizing City Manager to execute Contract No. 26-0171 and all supporting documents with the Fresno-Madera Area Agency on Aging (FMAAA) and B) Adopt Resolution No. 2025-050 amending the 2025-26 City of Reedley Adopted Budget appropriating $9,500 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 $33,500 will cover a portion of staff time who are associated with this program.

FISCAL IMPACT
The $33,500 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 2025-26 Fiscal Year Budget. Budget Amendment No. 2025-050 will align the City of Reedley Adopted Budget with the budget submitted in the contract to FMAAA.

ATTACHMENT

1. Contract no. 26-0171, Title Ill C1 Congregate Nutrition, Site Management

2. Resolution No. 2025-049

3. Budget Amendment No. 2025-050
2 Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D DocuSign Document Upload Page
Directions: Please click on the paperclip button in the left-hand column to upload the designated item from the right-hand column. If an item is not applicable please upload a document with the title of the requested document followed by a dash and the words "Not Applicable". Example: ms De· errninotion L2tr2r - •\Jo:: Ap,o!ic .7L11e Appendix K - W-9
Exhibit B - Budget
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.

Certificate(s) of Insurance: ;,., .. s IJ~i ~~i,;iJi'.' , . · ,n .1 or, ~-~~ to ensure all contra~tual requirements for insurance ~ertificate are met-and specific contract language included on certificate. This includes the General Liability Certificate of Insurance and the Workers Compensation Certificate of Insurance documents.

Copy of IRS Determination Letter of Tax-Exempt Status if a non-governmental organization.

Organizational chart, including names and position titles for contracted program.

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.

List of Governing Board members
· List of Advisory Council or Advisory Committee members (if applicable) Current documents (i.e. flyers, brochu res) used to promote the contracted program DocuSign Document Upload Page
Area Plan Grant Award
FY 2025-2026
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D May 28, 2025
Nicole R. Zieba, City Manager
City of Reedley
1733 9th Street
Reedley, CA 93654
City Manager Zieba,
gency Ot1 "\gmng
Chan ge Th e Wa y You Age
The Fresno-Madera Area Agency on Aging's Governing Board has approved an award of Older American Act (OAA) funds to the City of Reedley as follows:

Contract no. 25-0171, Title Ill Cl Congregate Nutrition, Site Management Reedley Senior Center $33,500 Maximum Expenditure
Please note, grant awards are contingent on sufficient funds made available from the State of California to the Agency on Aging and/or by the United States Government or the Budget Acts of the appropriate fiscal years for the purpose of these programs.

We will send the contract documents for completion and signature via DocuSign. Page i, Documents Required to Execute Contract, serves as a guide. All components will be provided electronically, and no physical copies are needed. The one exception is the Exhibit B - Budget Excel template, included with this letter, which must still be uploaded to DocuSign. DocuSign recipients were selected based on the Contract Contacts Update sent in May.

Pending finalization of the fiscal year 2024-2025 contract, this letter will serve as your authority to provide the Title Ill Cl Congregate Nutrition Site Management Program with the City of Reedley under contract no. 26-0171 as of July 1, 2025. The authority contained herein expires September 30, 2025, or when the contract is fully executed, whichever comes first.

Please contact me at 559-319-0863 with any questions.
~incerely1_,--J 11

1.11 .,,,,,,,.,-,· 1gs•.--....v71 / 1/~I / / '-- ·v·
l' ( I
Hillaree Bennett (
Program Director
[email protected] g
Fresno-i\/\adcra ,L\rea 1\gen~y on ,i\ging
Mailing Address : 2037 W. Bullard Avenue , #5 12 a Fresno, CA 93711 Phone 559.21 4.0299 e Fax 559.243.5651 Email services@fmaaa .org Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D

DOCUMENTS REQUIRED TO EXECUTE CONTRACT
FMAAA is transitioning to a fully digital contract process using DocuSign. All documents must be completed and submitted electronically through DocuSign. Completion and signature permissions have been assigned based on the Contract Contact Update submitted in May. If you have any questions or issues with the new process or how to complete any part of the contract, please contact Miles Robinson at [email protected]. / The following_ contract documents reg_uire sig_natures and typed entries via DocuSig_n. ef Pag_e 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 day-to-day operations; and signature of individual authorized by governing board to execute the contract (see gendix A).
ndix A, Resolution of Authorization to Contract
st contain signature of chair of service provider's governing board. ndix B, Contractor Certification Clauses !p"' ~st contain signature of individual authorized by governing board to execute the contract (see Appendix A). ~ A;;:Qdix C, Information Integrity and Security Statement st contain signature of individual authorized by governing board to execute the contract (see Appendix A). o, check appropriate box under "Certify'' at bottom of page 2 to indicate 128-bit Encryption compliance status. ndix 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). ed entries:
ppendix D, Method of Providing Audit Compliance
ibit B, Budget: Email Excel version to [email protected] and [email protected]; attach to the sign Documents Upload Page at the end of the contact file. bit E, Program Narrative
bit F, Service Provider Emergency Resource Information
st 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. . . r ·v..:~1 ?.-Tu~·t--~F <¥J-¼:)+.~ ... ,rs._.;J? ~ ifi ~,~~ ""':-"7Y.y/ :., •. ~./4.;!f~ ~'Mi¾ ;£¥.~·•P'-W .;_z ½. . •.-c~k .r.;..J::.:..~· .-. ";~ . ':' ...... -:-. ·,. -.;,;_,,;,_ .. · ✓-. - : ,·-: -~

2. Ce · cate(s) of Insurance Rlease.qle.v1ew4Afficle'!DfciflAgr:e:emenlJpd.oo.tOZariatigiildfor~ceftificate to ensure all ontractual requirements for insurance certificate are met and specific contract language included on certificate.

W 0o~y of IRS Determination Letter of Tax-Exempt Status if a non-governmental organization. ~ ~ganizational chart, including names and position titles for contracted program Ws. ~ob 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 G( y' u f Governing Board members
~ Y 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 2025-2026
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D Fresno-Madera Area Agency on Aging

CONTRACT SUMMARY OF CHANGES
Section Current Language in Existing
Contract
Article IX. Small contracts (under $100,000 in the
Subcontracts aggregate) do not require a competitive
Section K process [CCR 7352(g)]. In the case of
small contracts, the contractor may
need only obtain price or rate quotations
from a number of qualified sources and
informally select the source with which
to contract or obtain the purchase.
a. 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:
• Documentation that the
aggregate value of the contract
with any entity is less than
$100,000
• A completed CDA 2000 (Conflict
of Interest Disclosure Form) that
discloses whether a potential or
actual conflict of interest exists
• Copies of the price or rate
quotations received from qualified
sources
b. The Agency on Aging will provide a
determination letter within fifteen
(15) days of receipt of all required
Programs: Area Plan ·
Contract Term: July 1, 2025 through June 30, 2026
New/Amended Language in New Reason for
Contract Change
In the case of small contracts, not over Clarification
$100,000 in the aggregate, the
contractor may need only obtain price or
rate quotations from a number of
qualified sources and informally select
the source with which to contract or
obtain the purchase. [22 CCR 7352(g).]
Although a competitive process is not
required, a Pre-Award Review is
required for small contracts with for-profit
entities, as follows:
a. Pre-Award Review: Prior to
informally selecting the for- profit
entity with which to contract or
obtain the purchase, the
contractor shall submit the
following to Agency on Aging for
review and approval for small
contracts (under $100,000 in the
aggregate):
i. Documentation that the
aggregate value of the
contract with any entity is
less than $100,000
ii. A completed CDA 2000
(Conflict of Interest
Disclosure Form) that
discloses whether a
Docusign Envelope ID: 42803DDA-581 B-4D00-A68E-199C7F0CDD4D Fresno-Madera Area Agency on Aging

CONTRACT SUMMARY OF CHANGES
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.

C. The contractor must maintain all
documentation on file that supports
a noncompetitive award to a forprofit entity, as well as the Agency on Aging's determination letter.

Programs: Area Plan
Contract Number: 26-0550
Contract Term: July 1, 2025 through June 30, 2026
potential or actual conflict
of interest exists
iii. Copies of the price or rate
quotations received from
qualified sources on
individual bidder letterhead
b. 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 forprofit entity or will provide detail as to the requirement(s) that have
not been met.
c. The contractor shall maintain all
of the following for a period of
three years after final payments
are made and all other pending
matters are closed: 1) Copies of
all approved bids or proposals
and any amendments or changes
thereto. 2) A statement of the
criteria used to approve awards.
3) Copies of the award
documents and contracts entered
into pursuant to Section 7364. 4)
Other information as requested by
45 CFR 92.36(b), [CCR Title II,
Oocusign Envelope ID: 42B03DOA-581 B-4O00-A68E-199C7F0COD4O Fresno-Madera Area Agency on Aging

CONTRACT SUMMARY OF CHANGES
Article IX. L. Contracts over $100,000 in the
Subcontracts aggregate for any entity must follow a
Section L competitive process [CCR 7352].

M. The contractor shall, prior to the
Programs: Area Plan
Contract Number: 26-0550
Contract Term: July 1. 2025 through June 30, 2026
Section 7352(h) as well as CDA's
determination letter.
d. Because "requirements" under a
particular contract likely have
distinct and itemized values,
considering these distinct values
together likely provides the most
reasonable way of viewing the
meaning of "aggregate" for
purposes of determining whether
the small contract procurement
procedures may be used for a
particular contract under 22 CCR
7352 (g). As such, aggregate
likely means the combined total
estimated value of each
requirement for a particular
contract. This would require each
contractor to assess its known
contract requirements in the
planning phase and estimate the
value of each requirement. If
those requirements in the
aggregate are not more than
$100,000, the small contract
procedures may be used.

L. Contracts over $100,000 in the For clarification.
aggregate for any entity must follow an (Combined L &
open and competitive process [22 CCR M, then
7352]. renumbered
going foiward )
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D Fresno-Madera Area Agency on Aging

CONTRACT SUMMARY OF CHANGES
awarding of a subcontract to any forprofit entity, submit the following to the Agency on Aging for review and
approval:
a. The Request for Proposal (RFP)
or Invitation for Bid.
b. All bid proposals received.
c. The proposal or bid evaluation
documentation, along with the
contractor's rationale for awarding
the subcontract to a for-profit
entity. [22 CCR 7362].
d. Description and documentation of
dissemination of information
concerning the RFP to elicit
adequate competition. [22 CCR
7356].

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

Programs: Area Plan
Contract Number: 26-0550
Contract Term: July 1, 2025 through June 30, 2026
The contractor shall, prior to the
awarding of a contract to any for- profit
entity, submit the following to the Agency
on Aging for review and approval:
a. The Request for Proposal
(RFP) or Invitation for Bid. [22
CCR 7362(a)(1 )].
b. All bid proposals received. [22
CCR 7362(a)(2)].
c. The proposal or bid evaluation
documentation, along with the
contractor's rationale for
awarding the contract to a forprofit entity. [22 CCR
7362(a)(3)].
d. Description and
documentation of , dissemination of information
concerning the RFP to elicit
adequate competition. [22
CCR 7356].

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 competitive award to a for-profit
entity or will provide details as to the
requirement(s) that have not been met.

Docu sign Envelope ID: 42B03DDA-581 B-4O00-A68E-199C7F0CDD4O Fresno-Madera Area Agency on Aging

CONTRACT SUMMARY OF CHANGES
Article V. Background Check
Assurances,
Section H Before a person may access CDA PSCI,
a thorough background check of that
person must be conducted, with
evaluation of the results to assure that
there is no indication 33 Older
Americans Act and Older Californians
Act Program Guide California
Department of Aging Area Agencies On
Aging that the person may present a risk
to the security or integrity of confidential
Article V. Language moved to Article V, Section H,
Assurances, Item 5.

Section H,
Item 5
Programs: Area Plan
Contract Number: 26-0550
Contract Term: July 1, 2025 through June 30, 2026
The contractor must maintain all
documentation on file that supports a
competitive award to a for-profit entity,
as well as the Agency on Aging's
determination letter.

Where a program may be contracted to
a for-profit organization, the contractor
should include in its contract with the forprofit entity, a requirement for performance of a program specific audit
of the contracted program by an
independent audit firm.

Background check language removed CDA decision to
from Article V. Assurances, Section H. remove
Items a. - c. moved to Article V, Section background
H, Item 5. check language
until which time
there is definitive
statute to direct
AAA's.
i. Mailing: CDA decision to
a. Mailings of Agency on Aging remove
PSCI shall be sealed and background
secured from damage or check language
inappropriate viewing of PSCI until which time
to the extent possible. Mailings there is definitive
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D Fresno-Madera Area Agency on Aging

CONTRACT SUMMARY OF CHANGES
Programs: Area Plan
Contract Number: 26-0550
Contract Term: July 1, 2025 through June 30, 2026
which include 500 or more statute to direct
individually identifiable records AAA's. The
of Agency on Aging PSCI in a remaining
single package shall be sent language was
using a tracked mailing moved and
method which includes relabeled.
verification of delivery and
receipt, unless the prior written
permission of Agency on
Aging to use another method
is obtained.
j. Security Officer:
a. The contractor shall
designate a Security
Officer to oversee its data
security program who will
be responsible for carrying
out its privacy and security
programs and for
communicating on security
matters with Agency on
Aging.
k. Mitigation of Harmful Effects:
a. 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
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D Fresno-Madera Area Agency on Aging

CONTRACT SUMMARY OF CHANGES
Article V. Public Education and Information:

Assurances,
Section K (Please note: This differs from the 111B
service categories within the data
dictionary that have the same names)
Public Education and Information (PE&I)
falls into two categories:

Programs: Area Plan
Contract Number: 26-0550
Contract Term: July 1, 2025 through June 30, 2026
the requirements of this
Agreement.

I. Access to, and Accounting For,
Disclosure of PSCI:
a. 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.

Public Education and Information For Clarification
(Please note: This differs from the 111B
service categories within the data
dictionary that have the same names)
Public Education and Information (PE&I)
falls into two categories:

Docusign Envelope ID: 42803DDA-581 B-4D00-A68E-199C7F0CDD4D Fresno-Madera Area Agency on Aging

CONTRACT SUMMARY OF CHANGES

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 CDA
does NOT allow CDA funds to
be used for this purpose.

Contractors and subcontractors that
use CDA funds to produce educational
material must receive approval from the
CDA Office of Communications prior to
production. Additionally, subrecipients
that use CDA 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
([email protected]).

Contractors should also advise
Programs: Area Plan
Contract Number: 26-0550
Contract Term: July 1, 2025 through June 30, 2026

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 CDA
does NOT allow CDA funds to be
used for this purpose.

Promotional - material that promotes,
supports,orenhances
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 CDA
does NOT allow CDA funds to be used
for this purpose.

The Contractor shall assure that
publications, press releases, paid and
earned advertisements, outreach and
media, media and kick-off events,
educational materials and public notice
conditions are met by ensuring that:

Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D Fresno-Madera Area Agency on Aging

CONTRACT SUMMARY OF CHANGES
vendors that all materials used in the
production of public outreach materials
paid for with grant funds are the
property of the Agency on Aging and
the CDA (i.e., data, plates, digital files,
camera-ready artwork, designs,
concepts, photographs, video and
audio). The Agency on Aging reserves
the right to use materials developed by
the contractor and/or subcontractor.

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.

All documents produced must comply
with Federal Acquisition Regulation,
Section 508, which governs document
accessibility.

Programs: Area Plan
Contract Number: 26-0550
Contract Term: July 1, 2025 through June 30, 2026
Materials published or transferred by the
Contractor and financed with funds
under this agreement shall include the
following funding disclaimer:
"The materials or product were a result
of a project funded by a contract with the
California Department of Aging".

Contractors and subcontractors that
produce educational materials that
mention the CDA name ( outside of the
funding disclaimer) or use the
CDA logo must receive approval from
the CDA Office of Communications prior
to production. Subrecipients that
produce PE&I materials must receive
written approval from the CDA Office of
Communications if the CDA is
mentioned anywhere other than within
the funding disclaimer, or if
the CDA logo is used. Subrecipients
should allow a minimum of ten (10)
business days for approval; they should
contact the CDA Office of
Communications for assistance
([email protected]).

Contractors should also advise vendors
that all materials used in the production
of public outreach materials paid for with
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D Fresno-Madera Area Agency on Aging

CONTRACT SUMMARY OF CHANGES
Article V. Advertising and Public Relations:

Assurances, All press releases or any program
Section M 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 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.

Programs: Area Plan
Contract Number: 26-0550
Contract Term: July 1. 2025 through June 30, 2026
grant funds are the property of the
Contractor, AAA, and the CDA (i.e.,
data, plates, digital files, camera-ready
artwork, designs, concepts,
photographs, video and audio). The
Agency on Aging reserves the right to
use materials developed by the
Contractor, and/or subcontractor.

Questions regarding the inclusion, size
or placement of the CDA logo should be
directed to the CDA Office of
Communications.

All documents produced must comply
with Federal Acquisition Regulation,
Section 508 which governs document
accessibility.

Advertising and Public Relations: Clarification
The contractor shall assure that
publications, press releases, paid
and earned advertisements, outreach
and media, media and kick-off
events, educational materials and public
notice conditions are met by
ensuring that:

Materials published or transferred by the
contractor and financed with funds under
this agreement shall include the
following funding disclaimer:

Docusign Envelope ID: 42B03DDA-581 B-4O00-A68E-199C7i=0CDD4O Fresno-Madera Area Agency on Aging

CONTRACT SUMMARY OF CHANGES
The contractor must coordinate media
and kick- off events with the Agency on
Aging and 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 this process. Materials should
be submitted to the appropriate CDA
manager for the CDA Office of
Communications to review. They will be
assessed in batches on the first and
fifteenth of each month with a minimum
ten (10) business day approval period.

Article V. NEW
Assurances,
Section N
Programs: Area Plan
Contract Number: 26-0550
Contract Term: July 1, 2025 through June 30, 2026
"The materials or product were a result
of a project funded by a
contract with the California Department
of Aging".

Any materials that utilize the CDA logo
or name ( outside of the funding
disclaimer), require approval by the CDA
Office of Communications prior to
publication and dissemination. The use
of CDA logo and CDA mention outside of
the funding disclaimer is at the discretion
of the contractor. If the CDA
logo or CDA mention is used, the
contractor shall email the draft language
and materials a minimum of ten (10)
business days in advance of publication
and dissemination to
[email protected] and the
appropriate CDA Program staff point of
contact.

Language and materials submitted will
be assessed in batches on the first and
fifteenth of each month, with a minimum
of ten (10) business days approval
period.

Approval Requirements for Advertising To provide
and Public Relations further
clarification and
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D Fresno-Madera Area Agency on Aging

CONTRACT SUMMARY OF CHANGES
Programs: Area Plan
Contract Number: 26-0550
Contract Term: July 1, 2025 through June 30, 2026
This section further clarifies the approval a process for requirements as outlined in ARTICLE obtaining
V.K and V.M . approvals.

Approval Required:

Materials that use the CDA logo,
including:
• Paid advertising
• Earned advertising
• Outreach materials
• Educational materials
• Media events
• Public notices
No Approval Required:
• Materials that only mention CDA
in the funding disclaimer "The
materials were funding by a
contract with the California
Department of Aging." Without
using the CDA logo.
• Materials that do not mention the
CDA name or use the CDA logo.

Social Media Posts
Approval Required:
• Social media posts that mention
the CDA name or use the CDA
logo.

No Approval Required:

Docusign Envelope ID: 42B03DDA-581 B-4O00-A68E-199C7F0CDD4O Fresno-Madera Area Agency on Aging

CONTRACT SUMMARY OF CHANGES
Programs: Area Plan
Contract Number: 26-0550
Contract Term: July 1, 2025 through June 30, 2026
• Social media posts that do not
mention the CDA name or use the
CDA logo, even if CDA funds are
involved.
• Tagging @calaging on X,
Facebook, or Linkedln is optional
but encouraged to keep CDA
informed about your organization's
activities.

Specific Scenarios and Examples
• Paid advertisement in local
newspaper - No approval is
needed if the promotion includes
the funding disclaimer without the
CDA logo or mentioning CDA.
• Public Notices - No approval is
needed for public notices about
Area Plan updates or RFPs that
use template language but do not
use CDA logo.
• Examples of materials requiring
approval: Press releases,
brochures, websites, flyers,
invitations, presentations, and
reports that mention the CDA
name beyond the funding
disclaimer language or use the
CDA logo with or without other
logos.

Docusign Envelope ID: 42B03DDA-581 B-4O00-A68E-199C7F0CDD4D Fresno-Madera Area Agency on Aging

CONTRACT SUMMARY OF CHANGES
Exhibit A, To pay the salary of an individual at a
Part 111. rate in excess of $199,300.

Assurances,
Section I,
Item 1
Article VII. The maximum reimbursement amount
Budget and allowable for indirect costs is ten percent
Budget (10%) of the contractor's Modified Total
Revision, Direct Costs (MTDC).

Section C,
Indirect
Costs, Item 1
Article VI I. Contractors requesting reimbursement
Budget and for indirect costs exceeding the
Budget maximum tend percent (10%) shall
Programs: Area Plan
Contract Number: 26-0550
Contract Term: July 1, 2025 through June 30, 2026
Submission Process
Submit language and materials needing
approval to
[email protected].
• Review timeline: Typically, within
ten (10) business days
• Review dates: First and fifteenth
of each month
• Urgent requests: Notify Office of
Communications if expedited
approval is needed.

Questions
For questions about approval
requirements email
[email protected].

To pay the salary of an individual at a Corrected salary rate in excess of $221,990. HRSA cap amount
Bulletin 2024-02E
The maximum reimbursement amount Increase in
allowable for indirect costs is fifteen allowable indirect percent (15%) of the contractor's cost rate.

Modified Total Direct Costs (MTDC).

The contractor requesting Increase in
reimbursement for indirect costs allowable indirect
exceeding the maximum fifteen percent cost rate.

Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D Fresno-Madera Area Agency on Aging

CONTRACT SUMMARY OF CHANGES
Revision, retain on file an approved negotiated
Section C, indirect cost rate or cost allocation plan.

Indirect
Costs, Item 2
HICAP New
Exhibit A,
Part Ill.

Assurances,
Section D,
Item 1
HICAP New
Exhibit A,
Part 111.

Assurances,
Programs: Area Plan
Contract Number: 26-0550
Contract Term: July 1, 2025 through June 30, 2026
( 15%) shall retain on file an approved
negotiated indirect cost rate or cost
allocation plan.

The Contractor shall assure full New ACL
compliance with Administration for Requirement
Community Living (ACL) guidance effective
related to Volunteer Risk and Program 9/1/2024.

Management (VRPM) policies.

ACL VRPM required policies include, but
are not limited to:
a. All volunteers and staff members
in positions of trust are subject to
a background and national-level
criminal record check.
b. The HICAP shall have a protocol
for determining which criminal
violations render a volunteer or
staff member unsuitable for SHIP
assignments.

ACL VRPM requirements can be
accessed from the ACL VRPM Policies
Webpage.

The Service Provider shall assure New ACL
compliance with ACL guidance related to requirement.

Conflict of Interest (COi), which includes,
but is not limited to, guidance provided
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D Fresno-Madera Area Agency on Aging

CONTRACT SUMMARY OF CHANGES
Section B,
Item 4
Title Ill C1 Title Ill C-1 (Congregate Nutrition
Exhibit A, Services): nutrition services for older
Part I. individuals in a congregate setting.

Definitions Services include meals, nutrition
Specific to education, nutrition risk screening, and
Title Ill opportunities for socialization. Each
Programs, meal shall provide one-third (1/3) of the
Section B Dietary Reference Intakes (ORI) and
and Section comply with the most current Dietary
C Guidelines for Americans (DGA). To
be an eligible Title Ill C1 congregate
nutrition site, the site must meet all of
the following criteria: [22 CCR
7638.?(a)]
Title 111 C-2 (Home-Delivered Nutrition
Services): nutrition services provided to
frail, homebound, or isolated older
individuals including meals, nutrition
education, and nutrition risk screening.

Programs: Area Plan
Contract Number: 26-0550
Contract Term: July 1, 2025 through June 30, 2026
on the AGL Managing Conflicts of
Interest in SHIP, SMP and MIPPA
Programs Webpage and the guidance
document, Conflict of Interest:

Identification, Remedy, and Removal.

Title Ill C1 Congregate Nutrition Services
nutrition services provided to older
individuals in an in-person or virtual
congregate setting. Services include
meals, nutrition education, nutrition risk
screening, and opportunities for
socialization. Each meal shall provide
one-third (1/3) of the Dietary Reference
Intakes (ORI) and comply with the most
current Dietary Guidelines for Americans
(DGA). To be an eligible Title Ill C1
congregate nutrition site, the site must
meet all of the following criteria: [22 CCR
7638. ?(a)].

Title Ill C2 Home-Delivered Nutrition
Services nutrition services provided to
frail, homebound, or isolated older
individuals via home delivery or pickedup and consumed at their place of residence or otherwise outside of inperson or virtual congregating. Services include meals, nutrition education, and
nutrition risk screeninQ.

Docusign Envelope ID: 42B03DDA-581B-4D00-A68E-199C7FOCDD4D 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 Ill.

Article IV.

Article V.

Article VI.

Article VII.

Article VIII.

Article IX.

Article X.

Article XI.

Article XI I.

Article XIII.

Article XIV.

Article XV.

Article XVI.

Article XVI I.

Article XVI 11.

Article XIX.

Article XX.

Definitions and Resolutions of Language Conflicts ............. ........ 3 Agreement ................................................................................... 6 Term of Agreement ...................................................................... 6 Reasonableness of Compensation .............................................. 7 Assurances .................................................................................. 7 Funds .................................... .................................................... 32 Budget and Budget Revision ..................................................... 36 Payment .................................................................................... 39 Subcontracts ............................................................................. 40 Records and Reports ................................................................. 43 Property ..................................................................................... 45 Access ....................................................................................... 49 Monitoring and Evaluation .................................................. ....... 49 Audit Requirements ................................................................... 50 Insurance ................................................................................... 56 Donations .................................................................................. 58 Termination .... ....... .. ................................ .................................. 58 Remedies and Appeal Process ................................................. 62 Amendments, Revisions or Modifications .................................. 62 Notices ...................................................................................... 63 Area Plan Grant Award
Table of Contents
ii FY 2025-2026
Docusign Envelope ID: 42803DDA-581 B-4D00-A68E-199C7F0CDD4D

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

EXHIBITS
Program Exhibit ....... ............................................. .. ........................ ................. Exhibit A Budget .............................................................. ............... .................... ........... Exhibit B Annual Summary of Activities .. .................... ..... ................ ............... ..... .. .. ....... Exhibit C Program Cost Efficiency ................................................................................ .. Exhibit D Program Narrative .......................................................................................... . Exhibit E Service Provider Emergency Resource Information ........................................ Exhibit F Area Plan Grant Award
Table of Contents
iii FY 2025-2026
II
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D

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, 2025 to June 30, 2026, subject, however, to earlier termination as provided herein.

C. No expenditure or obligation for the funding allocation for the July 1, 2025 through June 30, 2026 period may be incurred after June 30, 2026.

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 24, 2025 Federal Grantor: U.S. Department of Health and Human Services Pass Through Grantor: Fresno-Madera Area Agency on Aging Older Americans Act Title: Title Ill C1 Congregate Nutrition, Federal CFDA No. 93.045 Contract No.: 26-0171 I Service: Site Management
Site Funding Period: Contract Period Grant Amount
Reedley Senior Center July 2025-June 2026 Maximum Expenditure: $33,500 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 IIINII 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 2025-2026
Docusign Envelope ID: 42B03DDA-581B-4D00-A68E-199C7F0CDD4D FOR SERVICE PROVIDER:

Signature of individual named on Exhibit E, page 5, as having primary, hands-on involvement and oversight of the day-to-day operations of the contracted program.

Sarah Reid
Type Name
Signature of Authorized Contracting Official
(Refer to Appendix A)
Type Name
Federal ID Number
Contractor Federal Employer I.D. Number
FOR FRESNO-MADERA AREA AGENCY ON AGING:

Signature
Jamie Sharma
Type Name
Area Plan Grant Award Contract Page 2
Date
Title
Date
Title
Date
Executive Director
Title
FY 2025-2026
Docusign Envelope ID: 42B03DDA-581B-4D00-A68E-199C7F0CDD4D

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 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D 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. OM: Means Older Americans Act
N. OCA: means Welfare and Institutions Code §9541 of the Mello-Granlund 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 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D 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. "Vendor" means an entity selling goods or services to the Contractor or Subcontractor during the Contractor or Subcontractor's performance of this Agreement.

BB. "W&I" means California Welfare and Institutions Code.

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

DD. 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 Area Plan Grant Award 5 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D 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 ARTICLE II. AGREEMENT
A. All elements of this Agreement, as defined in Article I, Section B, and as approved by the Agency on Aging in making this award, are hereby incorporated by reference, as if fully set forth herein.

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

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

ARTICLE 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.

B. The term of this Agreement is from April 1, 2025, through March 31, 2026, 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 .

Renegotiation shall consider service provider expenditures, service units, and cost standards during renegotiation.

C. Should the Contractor or subcontractor begin work in advance of receiving notice that the Agreement is approved, and before obtaining a signed Letter Area Plan Grant Award 6 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D of Authority from the Agency on Aging, that work may be considered as having been performed at-risk as a volunteer and may not be reimbursed or compensated.

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

ARTICLE V. ASSURANCES
A. Agreement Authorization

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

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

Area Plan Grant Award 7 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42803DDA-581B-4D00-A68E-199C7F0CDD4D

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

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

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

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

C. Debarment. Suspension. and Other Responsibility Matters

1. The Contractor certifies to the best of its knowledge and belief, that it and its subcontractors:
a. Are not presently debarred or suspended, proposed for debarment, declared ineligible, or voluntarily excluded from 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.

Area Plan Grant Award 8 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581B-4O00-A68E-199C7F0CDD4D

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.

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

1. 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.

2. The Contractor shall ensure compliance with the following federal regulations:
a. Clean Air Act, as amended. (42 USC § 7 401)
b. Federal Water Pollution Control Act, as amended. (33 USC § 1251 et seq.)
c. Environmental Protection Agency Regulations (40 CFR 29) (Executive Order 11738)
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 Area Plan Grant Award 9 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42803DDA-581 B-4D00-A68E-199C7F0CDD4D 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.

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.

Area Plan Grant Award 10 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D

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).
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 Area Plan Grant Award 11 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D 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:
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)/.

Area Plan Grant Award 12 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D e. Personal Information: Information that identifies or describes an individual, including, but not limited to, their name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It is CDA's policy to consider all information about individuals private unless such information is determined to be a public record. Personal Information also includes the following:
i. Notice-Triggering Personal Information: Specific items of personal information (name plus Social Security number, driver license/California identification card number, or financial account number) that may trigger a requirement to notify individuals if it is acquired by an unauthorized person. For purposes of this provision, identity shall include, but not be limited to name, identifying number, symbol, or other identifying information assigned to the individual, such as finger or voice print or a photograph. See Civil Code section 1798.29.
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:

Area Plan Grant Award
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 13 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0COD4O 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.

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 protective of the privacy and security standards set forth in applicable state or federal laws to the 14 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D 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.
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:

Area Plan Grant Award
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 15 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581B-4D00-A68E-199C7F0CDD4D 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
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:

Area Plan Grant Award
Only the minimum necessary amount of Agency on Aging PSCI required to perform necessary business functions applicable to the 16 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581B-4D00-A68E-199C7F0CDD4D terms of this Agreement may be used, disclosed, copied, downloaded, or exported.
g. Antivirus Software:

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

Agency on Aging PSCI will be stored separately from other customers' data. Data will be stored and processed within the continental United States, and remote access to data from outside 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.
i. 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.
j. Security Officer:

The contractor shall designate a Security Officer to oversee its data security program who will be responsible for carrying out its privacy and security programs and for communicating on security matters with Agency on Aging.
k. 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.
m. Access to, and Accounting For, Disclosure of PSCI:

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Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D 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.

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/Inforrnation _ 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. 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.

9. 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.

10. 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 Area Plan Grant Award 18 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581B-4D00-A68E-199C7F0CDD4D following steps:
a. Notice to the Agency on Aging
The Contractor shall notify the Agency on Aging immediately by 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
Area Plan Grant Award
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 19 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581B-4D00-A68E-199C7F0CDD4D 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 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:

Area Plan Grant Award
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 20 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D 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 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. 11 . Contact Information
To direct communications to the above referenced Agency on Aging staff, the contractor shall initiate contact as indicated herein. Agency on Aging reserves the right to make changes to the contact information below by giving written notice to the contractor.

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

Fresno-Madera Area Agency on Aging
2520 W. Shaw Ln. #101 A
Fresno-Madera Area Agency on Aging
2520 W. Shaw Ln. #101 A
Fresno, CA 93711 Fresno, CA 93711
Attn: Program Director, Hillaree Bennett
Email: [email protected]
Attn: Executive Director, Jamie Sharma
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
Area Plan Grant Award
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 21 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581B-4D00-A68E-199C7F0CDD4D section.
b. Notification to Agency on Aging in Event the Contractor is Subject to 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 22 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42803DDA-581 B-4D00-A68E-199C7F0CDD4D contractor (except where the contractor or its subcontractor, workforce employee, or agent is a named adverse party). 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
Area Plan Grant Award
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 23 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D I.

Copyrights
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 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 within 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.

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

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

K. Public Education and Information
(Please note: This differs from the 111B 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 CDA does NOT allow CDA funds to be used for this purpose.

The Contractor shall assure that publications, press releases, paid and earned advertisements, outreach and media, media and kick-off events, educational materials and public notice conditions are met by ensuring that:

Materials published or transferred by the Contractor and financed with funds under this agreement shall include the following funding disclaimer:
"The materials or product were a result of a project funded by a contract with the California Department of Aging".

Contractors and subcontractors that produce educational materials that mention the CDA name ( outside of the funding disclaimer) or use the Area Plan Grant Award 25 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D CDA logo must receive approval from the CDA Office of Communications prior to production. Subrecipients that produce PE&I materials must receive written approval from the CDA Office of Communications if the CDA is mentioned anywhere other than within the funding disclaimer, or if the CDA logo is used. Subrecipients should allow a minimum of ten (10) business days for approval; they should contact the CDA Office of Communications for assistance ([email protected]).

Contractors should also advise vendors that all materials used in the production of public outreach materials paid for with grant funds are the property of the Contractor, AAA, and the CDA (i.e., data, plates, digital files, camera-ready artwork, designs, concepts, photographs, video and audio). The Agency on Aging reserves the right to use materials developed by the Contractor, and/or subcontractor.

Questions regarding the inclusion, size or placement of the CDA logo should be directed to the CDA Office of Communications.

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
The contractor shall assure that publications, press releases, paid and earned advertisements, outreach and media, media and kick-off events, educational materials and public notice conditions are met by ensuring that:

Materials published or transferred by the contractor and financed with funds under this agreement shall include the following funding disclaimer:
"The materials or product were a result of a project funded by a contract with the California Department of Aging".

Any materials that utilize the CDA logo or name (outside of the funding disclaimer), require approval by the CDA Office of Communications prior to publication and dissemination. The use of CDA logo and CDA mention outside of the funding disclaimer is at the discretion of the contractor. If the CDA Area Plan Grant Award 26 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4O00-A68E-199C7F0CDD4D logo or CDA mention is used, the contractor shall email the draft language and materials a minimum of ten (10) business days in advance of publication and dissemination to comrnu nica t i ons@ a ging . ca. gov and the appropriate CDA Program staff point of contact.

Language and materials submitted will be assessed in batches on the first and fifteenth of each month, with a minimum of ten (10) business days approval period.

N. Approval Requirements for Advertising and Public Relations This section further clarifies the approval requirements as outlined in ARTICLE V.K and V.M.

Approval Required:

Materials that use the CDA logo, including:
• Paid advertising
• Earned advertising
• Outreach materials
• Educational materials
• Media events
• Public notices
No Approval Required:
• Materials that only mention CDA in the funding disclaimer "The materials were funding by a contract with the California Department of Aging." Without using the CDA logo.
• Materials that do not mention the CDA name or use the CDA logo.

Social Media Posts
Approval Required:
• Social media posts that mention the CDA name or use the CDA logo.

No Approval Required:
• Social media posts that do not mention the CDA name or use the CDA logo, even if CDA funds are involved.
• Tagging @calaging on X, Facebook, or Linkedln is optional but encouraged to keep CDA informed about your organization's activities.

Specific Scenarios and Examples
• Paid advertisement in local newspaper - No approval is needed if the promotion includes the funding disclaimer without the CDA logo or mentioning CDA.

Area Plan Grant Award 27 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D • Public Notices - No approval is needed for public notices about Area Plan updates or RFPs that use template language but do not use CDA logo.
• Examples of materials requiring approval: Press releases, brochures, websites, flyers, invitations, presentations, and reports that mention the CDA name beyond the funding disclaimer language or use the CDA logo with or without other logos.

Submission Process
Submit language and materials needing approval to
[email protected].
• Review timeline: Typically, within ten (10) business days • Review dates: First and fifteenth of each month
• Urgent requests: Notify Office of Communications if expedited approval is needed.

Questions
• For questions about approval requirements email
[email protected].

0. 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 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.

P. 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, Area Plan Grant Award 28 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D 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.

Q. Conflict of Interest

1. The Contractor shall prevent employees, consultants, or members of governing bodies from using their positions for purposes including, but not limited to, the selection of subcontractors, that are, or give the appearance of being, motivated by a desire for private gain for themselves or others, such as family, business, 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.

R. Covenant Against Contingent Fees
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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.

S. Facility Construction or Repair

1. This section applies only to Title Ill funds and not to other funds allocated to other Titles under the Older Americans Act.
a. When applicable for purposes of construction or repair of facilities, the Contractor shall comply with the provisions contained in the following and shall include such provisions in any applicable agreements with subcontractors:
i. Copeland "Anti-Kickback" Act [18 USC §87 4, 40 USC §3145] [29 CFR §3];
ii. Davis-Bacon Act [40 USC §3141 et seq.] [29 CFR §5]; iii. Contract Work Hours and Safety Standards Act [40 USC §3701 et seq.] [29 CFR §5, 6, 7, 8]; and
iv. Executive Order 11246 of September 14, 1965, entitled "Equal Employment Opportunity" as amended by Executive
Order 11375 of October 13, 1967, as supplemented in
Department of Labor Regulations [41 CFR §60].
b. Payments are not permitted for construction, renovation, alteration, improvement, or repair of privately-owned property which would enhance the owner's value of such property except where permitted by law and by the Agency on Aging.
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.

T. 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 Area Plan Grant Award 30 FY 2025-2026
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Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D 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.
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.

U. Disaster Plan

1. The Contractor shall prepare and maintain a disaster plan that ensures Area Plan Grant Award 31 FY 2025-2026
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Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D 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.

V. 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

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.

3. 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 Area Plan Grant Award 32 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D 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.

4. 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 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
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.

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5. Internal Control.

6. Budgetary Control.

7. Cash Management (written procedures).

8. Allowable Costs (written procedures).

D. Unexpended Funds

1. No later than December 23 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 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.

Area Plan Grant Award 34 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581B-4D00-A68E-199C7F0CDD4D 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:
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.

Area Plan Grant Award 35 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B--4D00-A68E-199C7F0CDD4D

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, 2026.

C. Indirect Costs

1. The maximum reimbursement amount allowable for indirect costs is fifteen percent (15%) of the Contractor's Modified Total Direct Costs (MTDC), excluding in-kind contributions and nonexpendable equipment.

Indirect costs shall not exceed fifteen percent (15%) of the Contractor's MTDC per funding category.

2. The contractor requesting reimbursement for indirect costs exceeding the maximum fifteen percent (15%) shall retain on file an approved negotiated indirect cost rate or cost allocation plan .

3. Indirect costs exceeding the fifteen percent ( 15%) 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 Area Plan Grant Award 36 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D 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 0.1.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 0.1.d of this Article) and may reduce the total amount of contract funds payable to the Contractor. d. Program Income may not be used to meet the matching
requirements of this Agreement.
e. Program Income must be used to expand baseline services. f. If as a result of advanced funds, the project earns interest on funds awarded by the Agency on Aging, that interest shall be identified as income to the program and used for program expenditures, with full documentation on file for all programs.

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:

Area Plan Grant Award
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 37 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581B-4D00-A68E-199C7F0CDD4D development or enhancement of a comprehensive and
coordinated system of services as defined in 45 CFR
§1321.53(a)(b ).
iii. OTO funds can be used to maintain or increase baseline services; however, the Contractor shall assure that services funded with OTO funds will not create an expectation of service delivery beyond the current Contract period. Expenditures for baseline services do not require advance approval from the California Department of Aging.
c. NSIP OTO funds shall only be used to purchase food used in the Elderly Nutrition Program.

E. Line Item Budget Transfers
F.

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 to the Agency on Aging upon request and shall be maintained in the same manner as all other financial records.

Matching Contributions

1. "Matching Contributions" is defined in Article I, Section H. a. Cash and/or in-kind contributions may count as match, if such contributions are used to meet program requirements.
b. Any matching contributions (cash or in-kind) must be verifiable from the records of the Contractor or subcontractor.
c. Matching contributions must be used for allowable costs in accordance with the Office of Management and Budget cost principles.

2. Minimum matching contributions for Older Americans Act funded grants awarded by the Fresno-Madera Area Agency on Aging are determined as follows:

Area Plan Grant Award 38 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D 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%). c. Long-Term Care Ombudsman Program; Title VII Elder Abuse Prevention; Title Ill 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.

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 XVI I, Termination .

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

Area Plan Grant Award 39 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D 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 April 15, 2026. 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, 2026, 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.

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.

8. 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.

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 Area Plan Grant Award 40 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4O 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.

K. In the case of small contracts, not over $100,000 in the aggregate, the contractor may need only obtain price or rate quotations from a number of qualified sources and informally select the source with which to contract or obtain the purchase. [22 CCR 7352(g).] Although a competitive process is not required, a Pre-Award Review is required for small contracts with for-profit entities, as follows:

1. Pre-Award Review: Prior to informally selecting the for-profit entity with which to contract or obtain the purchase, the AAA shall submit the following to CDA for review and approval for small contracts (under $100,000 in the aggregate):
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 on individual bidder letterhead.

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 Area Plan Grant Award 41 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D for-profit entity or will provide detail as to the requirement(s) that have not been met.

3. The AAA shall maintain all of the following for a period of three years after final payments are made and all other pending matters are closed:
1) Copies of all approved bids or proposals and any amendments or changes thereto.
2) A statement of the criteria used to approve awards.
3) Copies of the award documents and contracts entered into pursuant to Section 7364.
4) Other information as requested by 45 CFR 92.36(b ), [CCR Title II, Section 7352(h) as well as CDA's determination letter.

4. Because "requirements" under a particular contract likely have distinct and itemized values, considering these distinct values together likely provides the most reasonable way of viewing the meaning of "aggregate" for purposes of determining whether the small contract procurement procedures may be used for a particular contract under 22 CCR 7352 (g).

As such, aggregate likely means the combined total estimated value of each requirement for a particular contract. This would require the contractor to assess its known contract requirements in the planning phase and estimate the value of each requirement. If those requirements in the aggregate are not more than $100,000, the small contract procedures may be used.

L. Contracts over $100,000 in the aggregate for any entity must follow an open and competitive process [22 CCR 7352].

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 for Bid. [22 CCR 7362(a)(1 )].

2. All bid proposals received. [22 CCR 7362(a)(2)].

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

4. Description and documentation of dissemination of
information concerning the RFP to elicit adequate
competition. [22 CCR7356].

Area Plan Grant Award 42
Terms and Conditions Declaration
FY 2025-2026
Docusign Envelope ID: 42B03DDA-581B-4D00-A68E-199C7F0CDD4D M. 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 competitive award to a for-profit entity or will provide details as to the requirement(s) that have not been met. The Contractor must maintain all documentation on file that supports a competitive award to a for-profit entity, as well as the Agency on Aging's determination letter. Where a program may be contracted to a for-profit organization, the Contractor should include in its contract with the for-profit entity, a requirement for performance of a program specific audit of the contracted 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 Area Plan Grant Award 43 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D made available for inspection and audit by the Agency on Aging or its duly authorized agents, at any time during normal business hours.

2. All such records, including confidential records, must be maintained and made available by the Contractor as follows:
a. Until an audit of the April 1, 2025 through March 31, 2026 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.

Area Plan Grant Award 44 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581B-4D00-A68E-199C7F0CDD4D B. Reports

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

2. The Contractor shall assure that all financial 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.

6. Upon request, the Contractor will provide information and supporting documentation on any activities funded in-part or in-whole with the supplement funding.

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 $500 (a desktop or laptop setup is considered a unit, if purchased as a unit).

Area Plan Grant Award 45 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D

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 equipment (e.g., computer printer, terminal, etc.). Costs include all amounts incurred to acquire and to ready the intangible asset for its intended use.

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

D. Equipment/Property with per unit cost over $500 or any computing devices, regardless of cost, requires justification from the Contractor and approval from the California Department of Aging and the Agency on Aging. The Contractor must submit a detailed listing of planned Equipment/Property purchases in its budget to the Agency on Aging ( Schedule of Program/Site Supplies and Equipment Purchases, page 4 of Exhibit B, Budget). Please note an approved budget is not approval for equipment purchases. The Agency on Aging will notify the Contractor when the California Department of Aging has rendered an approval decision.

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

1. Title 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 Area Plan Grant Award 46 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581B-4O00-A68E-199C7F0CDD4O description; model number; serial number (if applicable); cost or other basis of valuation; fund source; and specific location of the property.

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

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

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

J. Prior to disposal of any property purchased by the Contractor 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 Area Plan Grant Award 47 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D 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, 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.

To exercise the above right, no later than one hundred twenty (120) days after P. 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.

Area Plan Grant Award 48 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D T. The Contractor shall include the provisions contained in this Article in all its subcontracts awarded under this Agreement.

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

ARTICLE XIII. MONITORING AND EVALUATION
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 conduct onsite/remote monitoring visits to ensure that the contractor(s) are in compliance with all federal and State laws, regulations, policies, contracts or grant agreements (Administrative); Performance goals are achieved (Program); and Federal awards are used for authorized purposes (Fiscal). Comprehensive onsite/remote assessments are conducted at a minimum once every two years as resources 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.

Area Plan Grant Award 49 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D 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.

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.

Area Plan Grant Award 50 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581B-4D00-A68E-199C7F0CDD4D 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:
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 physical address:

Fresno-Madera Area Agency on Aging
2520 West Shaw Lane, Suite 101 A
Fresno, CA 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.

Area Plan Grant Award 51 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D

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

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

Area Plan Grant Award 52 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4O00-A68E-199C7F0CDD4D

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

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

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

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

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

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] Area Plan Grant Award 53 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D

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

J. Requirements identified in this Article shall be included in Contractor's contracts with Subcontractors. Further, the Contractor shall be required to include in its contract with the independent auditor that the auditor will comply with all applicable audit requirements/standards; 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 Area Plan Grant Award 54 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D 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.

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

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

93.041 Special Programs for the Aging - Title VII-A, Chapter 3 - Programs for Prevention of Elder Abuse, Neglect, and Exploitation (Title VII-A, Chapter 3)

93.042 Special Programs for the Aging - VII-A, Chapter 2 - Long Term Care Ombudsman Services for Older Individuals Title VII-A, Chapter 2)

93.043 Special Programs for the Aging - Title Ill, Part D - Disease Prevention and Health Promotion Services (Title Ill D)

93.044 Special Programs for the Aging - Title 111, Part B - Grants for Supportive Services and Senior Centers (Title Ill B)

93.045 Special Programs for the Aging - Title 111, Part C - Nutrition Services (Title Ill C)

93.052 National Family Caregiver Support Program - Title 111, Part E (Title Ill E)

93.053 Nutrition Services Incentive Program (NSIP)
"Cluster of programs" means a grouping of closely related programs that share common compliance requirements. The types of clusters of programs are research and development, student financial aid, and other clusters. "Other clusters" are defined by the consolidated CFR in the Compliance Supplement or as designated by a state for federal awards provided to its subcontractors that meet the definition of "cluster of programs." When designating an "other cluster," a state shall identify the federal awards included in the cluster and advise the subcontractors of compliance requirements applicable to the Area Plan Grant Award 55 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4O00-A68E-199C7F0CDO4O 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])
N. The Contractor must indicate which method of providing audit compliance will be in force during this Agreement (Appendix D, Method of Providing Audit Compliance).

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

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

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

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

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

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.

Area Plan Grant Award 56 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581B-4D00-A68E-199C7F0CDD4D D The Contractor shall notify the Agency on Aging within five (5) business days of any cancellation, non-renewal, or material change that affects required insurance coverage.

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

1. The Certificate of Insurance shall include the Contract Number listed on page 1 of this Agreement and provide the statement:
"The Fresno-Madera Area Agency on Aging, its officers, agents, employees, and servants are included as additional insureds, with respect to work performed for the 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 physical address (2520 West Shaw Lane, Suite 101 A, 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.

Area Plan Grant Award 57 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D 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, who may be injured or damaged by the 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
Area Plan Grant Award 58 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581B-4D00-A68E-199C7FOCDD4D

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

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

The parties agree that if the termination of the contract is due to a reduction or deletion of funding by the 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
Area Plan Grant Award 59 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D

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

I. The Agency on Aging determines that the Contractor may be considered a "high risk" agency as described in 2 CFR 200.205 AND Area Plan Grant Award 60 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D 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.
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 Area Plan Grant Award 61 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D terminated;
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 Area Plan Grant Award 62 FY 2025-2026
Terms and Conditions Declaration
Docusign Envelope ID: 42803DDA-581 B-4D00-A68E-199C7F0CDD4D parties even though such amendment may not have been reduced in writing and formally agreed upon and executed by the parties.

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 physical address, 2520 West Shaw Lane, Suite 101A, 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 63 FY 2025-2026
Terms and Conditions Declaration
RESOLUTION NO. 2025-049

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, 2025, AND ENDING NO LATER THAN JUNE 30, 2026, 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 22 day of July, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Matthew Tuttle, Mayor
ATTEST:

Ruthie Greenwood, City Clerk

APPENDIX B

CONTRACTOR CERTIFICATION CLAUSES
. ' .· >·,. ·. CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

City of Reedley 94-6000402
ContractorNendor Name (Typed) Federal ID Number
Authorized Signature Date Executed
Name and Title of Person Signing (Typed)
CONTRACTOR CERTIFICATION CLAUSES Source: State of California CCC 04/2017

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

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

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State and Fresno-Madera Area Agency on Aging agreements if the department determines that any of the following has occurred: the Contractor has made false certification, Contractor Certification
Clauses
Appendix B - Page 1 FY 2025-2026
APPENDIX 8

CONTRACTOR CERTIFICATION CLAUSES
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 and the Fresno-Madera Area Agency on Aging for legal services.

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

6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir. ca.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 Contractor Certification
Clauses
Appendix B - Page 2 FY 2025-2026

APPENDIX B

CONTRACTOR CERTIFICATION CLAUSES
Industrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a).

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

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

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

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

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

Former State Employees (Pub. Contract Code §10411):
1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

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

2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions , and Contractor Certification
Clauses
Appendix B - Page 3 FY 2025-2026

APPENDIX B

CONTRACTOR CERTIFICATION CLAUSES
Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

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

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

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California.

Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.

Contractor Certification
Clauses
Appendix B - Page 4 FY 2025-2026

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 ContractorN endor 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 Contract/Vendor must comply with the Area Plan Terms and Conditions Agreement, Article V, Section H, Information Confidentiality and Security requirements as outlined in the contract.

Information Integrity and
Security Statement
Appendix C - Page 1 FY 2025-2026

APPENDIX C

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:

IV lis in full compliance with the 128 Encryption requirements 0 1s 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.

City of Reedley City Manager
Vendor Printed Name Title
Vendor Signature Date
Reedley Senior Center 25-0171
Program Name Contract Number
Information Integrity and
Security Statement
Appendix C - Page 2 FY 2025-2026

APPENDIX D

METHOD OF PROVIDING AUDIT COMPLIANCE
The service provider shall indicate which method of providing audit compliance to the Fresno-Madera Area Agency on Aging (Agency on Aging) will be in force during this Agreement.

1. Review Article XIV of this Agreement (Audit Requirements).

2. Place an X in the appropriate box below:
lfJll An independent audit shall be performed in accordance with the ~ requirements of 2 CFR §200, Subpart F - Audit Requirements, and 45 CFR §75, Subpart F - Audit Requirements, and a copy submitted to the Agency on Aging.
• An independent audit shall be performed and a copy submitted to the Agency on Aging.

D All supporting documentation shall be submitted to the Agency on Aging for review along with any request for reimbursement.

Enter Fiscal Year Ending Date
Method of Providing
Audit Compliance
•1.____Ju_ne_j G B
Month Day Year
Appendix D FY 2025-2026
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D

APPENDIX E

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 Ill E Monthly Report of Expenditures
Due 15th 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 2025-2026 Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D

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 1Sfh 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 17fh 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 each new fiscal year) • 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 1 Sfh of month following reporting period:
• Title VII (b) Elder Abuse Prevention Quarterly Activity Report (CDA 1037) • Due 1"11h 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 (OSL TCO S301) as submitted to the California Department of Aging
• Attach program performance data from the Ombudsman Data Integration Network for July 1st through last day of reporting quarter.

Required Reports & Due Dates Appendix E - Page 2 FY 2025-2026 Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D

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 2025-2026
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D

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
T he 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 2025-2026
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D A. The nature of the sanctions;
B. The reason(s) for imposing them;
C. The effective date of the sanctions;
D. The legal or contractual citation upon Which the sanction is based; E. The corrective actions which must be taken before they will be removed and the time allowed for completing the corrective actions; and F. The Agency on Aging's appeal procedure for service providers.

IV. Unresolved At-Risk Condition(s)
Should the at-risk condition(s) remain unresolved following the imposition of sanctions, the Agency on Aging may proceed to terminate the Agreement with the Contractor, in accordance with the Termination section of this Agreement (Article XVII, Title Ill and Title VI Area Plan Contracts; Article XVI, Health Insurance Counseling and Advocacy Program Contract).

Sanction Policy Appendix F - Page 3 FY 2025-2026
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D

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 .

B. Notices to the Agency on Aging shall be addressed to the Fresno-Madera Area Agency on Aging, 2037 W. Bullard Ave., #512, Fresno, CA 93711 .

Appeal Procedure
for Service Providers
Appendix G - Page 1 FY 2025-2026
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D 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.

Ill. Process
A. The service provider shall give notice of intent to appeal to the Executive Director of the Agency on Aging within ten (10) business days of the Agency on Aging's notice of adverse determination. The notice of intent to appeal shall be in writing, must state the specific grounds upon which the action by the Agency on Aging is appealed, and must be accompanied by all supporting documents.

B. The Executive Director of the Agency on Aging shall investigate the appeal and issue a written determination to the service provider within fifteen (15) business days of receipt of the appeal. The determination shall set forth the Agency on Aging's position and specify applicable sections of the service provider's Agreement with the Agency on Aging, government regulations, government statutes, or other provisions relied upon.

C. If the service provider is dissatisfied with the Agency on Aging Executive Director's determination, the service provider may appeal to the Executive Committee of the Agency on Aging Governing Board within ten (10) business days of the date of the Agency on Aging Executive Director's written determination. The appeal shall be in writing, shall specify the grounds upon which the determination is appealed, and must be accompanied by all supporting documents.

0. 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 2025-2026
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D

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 2025-2026
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D 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 2025-2026
Docusign Envelope ID: 42B03DDA-581 B--4D00-A68E-199C7F0CDD4D

APPENDIX H

FRESNO-MADERA AREA AGENCY ON AGING
2520 WEST SHAW LANE, SUITE 101 A, FRESNO CA 93711
MAILING ADDRESS: 2037 WEST BULLARD AVENUE, #512, FRESNO, CA 93711

PROGRAM CONTACT LIST FOR SERVICE PROVIDERS
Telephone Number for All Contacts: (559) 214-0299
Fax Number for All Contacts: (559) 243-5918
Jamie Sharma - Ext. 500
Executive Director
Email: [email protected]
Paul Bustamante - Ext. 501
Director of Finance
Email: [email protected]
Hillaree Bennett - Ext. 102
Program Director
Email: [email protected]
Miles Robinson - Ext. 401
Administrative Manager
Email: [email protected]
Amanda Lucas - Ext. 503
Finance Manager
Email: [email protected]
Sarah Santoyo - Ext. 201
Nutrition Program Manager
Email: [email protected]
Sarah Carl - Ext. 502
Clinical Manager
Email: [email protected]
Fresno-Madera Area Agency on Aging
Contact List for Service Providers
Appendix H FY 2025-2026
Docusign Envelope ID: 42B03DDA-581B-4D00-A68E-199C7F0CDD4D

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) 510-2020
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 2025-2026
Docusign Envelope ID: 42B03DDA-581 B-4D00-A68E-199C7F0CDD4D

APPENDIX J

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 Oasis Adult Day Program 5363 N. Fresno St. Fresno, CA 93710 Parlier Senior Center 690 S Newmark Ave Parlier, CA 93648 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 Selma Senior Center 2301 Selma St Selma, CA 93662
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 2025-2026
Form W-9
(Rev. March 2024)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Go to www.irs.gov/FormW9 for instructions and the latest information.

Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below.

Give form to the
requester. Do not
send to the IRS.
1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner's name on line 1, and enter the business/disregarded entity's name on line 2.)
City of Reedley
2 Business name/disregarded entity name, if different from above.

C') 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check 4 Exemptions {codes apply only to (I) OJ only one of the following seven boxes. certain entities, not individuals; co

0. • D C corporation • • D Trust/estate see instructions on page 3): C Individual/sole proprietor S corporation Partnership 0 • Cl) • LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) Exempt payee code (if any) 3 Q) C: --- i~ Note: Check the "LLC" box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax (.) classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax I.. ::, 0 :i... box for the tax classification of its owner. Compliance Act (FATCA) reporting ~ti 0 Other (see instructions) Municipal Organization code (if any) C ·.:::: .s a. (.) ~ 3b If on line 3a you checked "Partnership" or "Trust/estate," or checked "LLC" and entered "P" as its tax classification, (Applies to accounts maintained Q) and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check • outside the United States.)
~ this box if you have any foreign partners, owners, or beneficiaries. See instructions (l)
(I) 5 Address (number, street, and apt. or suite no.). See instructions. Requester's name and address (optional) (f) 845 G Street
6 City, state, and ZIP code
Reedley, CA 93654
7 List account number{s) here (optional)
mo Taxpayer Identification Number (TIN)
I Social security number Enter I your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

ITIJ-ITJ -1 I I I I
or
I Employer identification number
Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter. 9 4 - 6 0 0 0 4 0 2 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. per n {defined below); and

4. The FATCA code{s) entered o (if any) indicating that I am exempt from FATCA reporting is correct.

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.

What's New
Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the "LLC" box and enter its appropriate tax classification.

Cat. No. 10231X
New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).

Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Form W-9 (Rev. 3-2024)
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-B (stock or mutual fund sales and certain other transactions by brokers).
• Form 1099-S (proceeds from real estate transactions). • Form 1099-K (merchant card and third-party network transactions). • Form 1098 (home mortgage interest), 1098-E (student loan interest), and 1098-T (tuition).
• Form 1099-C (canceled debt).
• Form 1099-A (acquisition or abandonment of secured property).

Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN .

Caution: If you don't return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.

By signing the filled-out form, you:

1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued);

2. Certify that you are not subject to backup withholding; or

3. Claim exemption from backup withholding if you are a U.S. exempt payee;and

4. Certify to your non-foreign status for purposes of withholding under chapter 3 or 4 of the Code (if applicable); and

5. Certify that FATCA code{s) entered on this form (if any) indicating that you are exempt from the FATCA reporting is correct. See What Is FATCA Reporting, later, for further information.

Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9.

Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301 . 7701-7).

Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding. Payments made to foreign persons, including certain distributions, allocations of income, or transfers of sales proceeds, may be subject to withholding under chapter 3 or chapter 4 of the Code (sections 1441-1474). Under those rules, if a Form W-9 or other certification of non-foreign status has not been received, a withholding agent, transferee, or partnership (payor) generally applies presumption rules that may require the payor to withhold applicable tax from the recipient, owner, transferor, or partner (payee). See Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities.

The following persons must provide Form W-9 to the payor for purposes of establishing its non-foreign status.
• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the disregarded entity. • In the case of a grantor trust with a U.S. granter or other U.S. owner, generally, the U.S. granter or other U.S. owner of the granter trust and not the grantor trust.
• In the case of a U.S. trust (other than a granter 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.

Page 2 ends

Reedley City CouncilJuly 22, 2025

Reedley City Council
July 22, 2025