ANY WRITINGS OR DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY COUNCIL LESS THAN 72 HOURS PRIOR TO A
REGULAR MEETING REGARDING ANY ITEM ON THIS AGENDA WILL BE MADE AVAILABLE FOR PUBLIC INSPECTION, DURING NORMAL BUSINESS HOURS, AT THE CITY CLERK’S OFFICE & CITY HALL LOBBY LOCATED AT 1700 7TH STREET AND SANGER LIBRARY 1812 7TH STREET, SANGER, CA 93657. THE DOCUMENTS ARE ALSO AVAILABLE ON THE CITY’S WEBSITE, WWW.CI.SANGER.CA.US.
AGENDA
JOINT MEETING OF THE SANGER CITY COUNCIL
AND THE SANGER PLANNING COMMISSION
T
HURSDAY, OCTOBER 6, 2022
6:00 P.M.
COUNCIL CHAMBER
1700 7th Street, Sanger, California 93657
Prior to action by the Council on any item on this agenda, the public may comment on that item.
A. CALL TO ORDER
B. OP
ENING CEREMONIES
Invocation
Flag
Salute
Roll Call
C.
AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS
D. C
EREMONIAL MATTERS
1. R
ecognition of Gourmet Goodies by Delilah.
E. P
RESENTATIONS
1. M
easure S Grantee Quarterly Reports
a. Boys & Girls Club
b. S AM Academy
c. Sanger Young Life
AVAILABLE FOR REVIEW 72 HOURS
PRIOR TO THE CITY COUNCIL MEETING
AT THE SANGER LIBRARY, CITY CLERK’S
OFFICE AND THE SANGER CITY HALL
LOBBY.
This meeting will be available for public viewing and participation through Zoom.
Weblink : https://us02web.zoom.us/j/83699136835
Telepho ne number: 1-669-900-9128
Meeting ID: 836 9913 6835
Public comment will be accepted in person, via Zoom, and by email at [email protected]. 1 City Council Agenda
October 6, 2022
Recess and Convene in Joint Session with Sanger Planning Commission
F. WORKSHOP
1. SUBJECT: Fresno County Multi-Jurisdiction Housing Element Update.
RECOMMENDATION: That the City Council and Planning Commission receive the presentation from consultants, ask questions, and make comments.
Adjourn Joint Session and Resume City Council Meeting
G. P UBLIC FORUM
(This portion of the meeting is reserved for persons desiring to address the Council on any matter not otherwise on the agenda and within the jurisdiction of the City Council.
Speakers shall address all comments to the Mayor and the Council as a body and not to any particular Councilmember or member of the staff. Speakers should limit their comments to three (3) minutes.)
H. CONSENT CALENDAR
(Matters listed under the consent calendar are considered routine and will be enacted by one mo tion and one vote. There will be no separate discussion of these items. If disc ussion is desired, a member of the audience or a Councilmember may request an item be re moved from the Consent Calendar and it will be considered separately.)
1. SUBJECT: Minutes of the Re gular Meetings held on September 1, 2022 and September 15, 2022.
RECOMMENDATION: That the City Council approve.
2. SUBJECT: Zoning Ordinance Amendment No. 2022-02 – Rezoning APN 315 - 21-23 from the C-2 District to C-4 District for General Plan Consistency.
RECOMMENDATION: That the City Council approve the CEQA Finding of Consistency; waive the full reading and adopt Ordinance No. 2022-08 amending the Official Zone Map by Rezoning Real Property from the C-2 (Community Commercial) District to the C-4 (General Commercial) District for APN 315-021- 23, a parcel located on the north side of Jensen Avenue, west of N. Bethel Avenue containing approximately 3.5 acres.
3. SUBJECT: Fresno-Madera Area Agency on Aging (FMAAA) Contract for FY 2022-2023.
RECOMMENDATION: Th at the City Council:
1) Adopt Resolution No. 2022-75 approving contracts with the Fresno Madera Area Agency on Aging for the Title III C1 Congregate Nutrition Program for Older Adults and authorizing their execution for FY 2022-2023; and 2) Adopt Resolution No. 2022-76 approving the budget amendment to the FY 2022-2023 budget in the amount of $24,372.
2 City Council Agenda
October 6, 2022
4. SUBJECT: Right of Way Acquisition – Jensen and Greenwood – Jensen Dental Office.
RECOMMENDATION: That the City Council adopt Resolution No. 2022-77, which accepts the right-of-way dedication for permanent public street and utility purposes at the northwest corner of Jensen and Greenwood Avenues.
5. SUBJECT: Measure C Extension Local Transportation Program Funds.
RECOMMENDATION: That the City Council adopt Resolution No. 2022-78 certifying eligibility and claiming Measure C Extension Local Transportation Program Funds for Fiscal Year 2022-2023, and authorize the Administrative Services Director to sign and submit the Fiscal Year 2022-2023 claims.
I. DEPARTMENT REPORTS
1. SUBJECT: S tate Water Resources Control Board Division of Financial Assistance Funding Application for Water Well #19.
RECOMMENDATION: That the City Council:
1) Adopt Resolution No. 2022-79, authorizing the City Manager to sign and submit a Financial Assistance Application to the State Water Resources Control Board for the design and construction of Well #19 (Authorizing Resolution);
2) Adopt Resolution No. 2022-80, designating the amount of project expenditures to be reimbursed by the State Water Resources Control Board for the design and construction of Well #19 (Reimbursement Resolution).
J. CI TY MANAGER/STAFF COMMUNICATION
K. MATTERS INITIATED BY CITY COUNCIL MEMBERS
(This portion of the meeting is reserved for Council Members to initiate new matters and to request updates and/or status on existing matters. Under this section, the Council may also take action on any items specifically agendized.)
1. Consideration and/or direction of placing signs/signals at Greenwood Avenue and 10th Street – Councilmember Montelongo.
L. ADJOUR NMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate at this meeting, please contact the City Cl erk’s Office at 559/876-6300 Ext 1350. Notification of 48 hours prior to the meeting will enable the City Clerk to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102.35.104 ADA Title II).
I certify under the penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Dated this 30th day of September 2022.
Rebeca P. Ramirez, City Clerk
3 S ANGER
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Minutes of a Regular Meeting of the Sanger City Council THURSDAY, SEPTEMBER I, 2022
6:00 P.M.
COUNCIL CHAMBER
1700 7th Street, Sanger, California 93657
A. CALL TO ORDER
The City Council called their meeting to order at 6:00 PM.
B. OPENING CEREMONIES
The invocation was offered by Pastor Paul Canaday.
The flag salute was led by Mayor Eli Ontiveros.
Roll Call:
Present:
Absent:
C. AGENDA APPROVAL. ADDITIONS AND/OR DELETIONS
The Council by motion of Mayor Pro Tem Martinez approved the agenda as presented. The motion was seconded by Councilmember Montelongo and approved by the following vote:
Mayor Eli Ontiveros, Mayor Pro Tem Daniel Martinez, Councilmember Esmeralda Hurtado, Councilmember Michael Montelongo
Councilmember Humberto Garza
ONTIVEROS, MARTINEZ, HURTADO, MONTELONGO
NONE
NONE
GARZA
AYES:
NOES:
ABSTAIN:
ABSENT:
D. CEREMONIAL MATTERS
1 Recognition of Ari Ruiz.
Mayor Eli Ontiveros presented on the item.
E. PUBLIC FORUM
Public comment:
Osvaldo Vera shared with the City Council a certificate the he had received. He said that a couple of meetings ago while he was talking to Josh, the Chief of Police told him he could not be here. 4 City Council Minutes
September l, 2022
An unidentified person said that at the last City Council meeting he was unable to unmute himself inZoomto provide comment on item D.I. construction of City wells and would do so today. He asked when the wells go online in2024, will it leave the City of Sanger water pressure and water levels back to normal? He said that with the new homes and Tombstone by 2035, will the new wells support the growth or fall back to the same position as now. He said he was misquoted in the June meeting minutes about Walmart. He meant are we in jeopardy with the water pressure on fire sprinklers and would we be compromised.
Karen Pearson, for the Sanger Historical Society, said there were sprinklers overflowing by the Museum building and that she had called City Hall but her concsrn has not been addressed.
Director John Mulligan said the concern would be taken care of tomoffow morning.
Kevin Carter said he had some observations to make from previous meetings. During the water bottle distribution a few weeks ago, it appeared to be more of a publicity stunt than helping the people in need of water - every time water was handed out there were cameras and video recording going on and posted to social media, which is insulting to those residents receiving the water. A few weeks ago, the City Attorney talked about communication behavior between the Council and management. He said that during the budget adjustment discussion, Council decided to hire a new recreation employee, was there communication between Council and management? Instead of hiring a part-time grant writer, Council decided to hire a full-time position. Was there communication between Council and management?
Jaime Lozatalked about boxing, that he boxes a man not a woman and it is unacceptable for a man to put a hand on a woman.
There were no public comments by zoomor email.
F. CONSENT CALENDAR
Mayor Ontiveros pulled item F.4. for discussion.
The Council by motion of Councilmember Montelongo approved the following items on the Consent Calendar:
SUBJECT: APPROVED - Minutes of the Special and Regular meetings held on June 16, 2022, June 23, 2022, and July 7,2022.
SUBJECT: APPROVED - First Amendment to Agreement with Health Management Associates and Participating Cities.
SUBJECT: APPROVED - First Amendment to Agreement with Fresno County Fire Protection District for Automatic Aid Services.
SUBJECT: APPROVED - Fiscal year20-21Annual Report of Development Impact Fees (,4.81600 Report).
1 2
-t
5 The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
5 City Council Minutes
September I, 2022
AYES:
NOES:
ABSTAIN:
ABSENT:
AYES:
NOES:
ABSTAIN:
ABSENT:
SUBJECT: APPROVED - Emergency Purchase of a 2022 7 .5 Ton Commercial Split Heat Pump HVAC System for the Sanger Youth Center - Additional Purchasing Authority.
Acting City Manager, Chief Greg Tarascou presented on the item.
Public Works Director John Mulligan presented on the item.
Public comment:
An unidentified person said that why does it seem everything in Sanger is an emergency. There are short cuts in PD; everything in Sanger is a short cut.
There were no public comments by zoom or email
The City Council by motion of Councilmember Hurtado adopted Resolution No.2022-70 reviewing the emergency action taken by the City Manager to purchase a7.S-tonHVAC unit and approving the award of emergency purchase without competitive bidding for the emergency purchase of a 2022 Canier 7.5 Ton Commercial Split Heat Pump HVAC System from Jack's Refrigeration, Inc. in the amount of $34,980 and authorizethe City Manager to sign the purchase documents on behalf of the City. The motion was seconded by Councilmember Montelongo and approved by the following vote:
4 ONTIVEROS, MARTINEZ, HURTADO, MONTELONGO
NONE
NONE
GARZA
ONTIVEROS, MARTINEZ, HURTADO, MONTELONGO
NONE
NONE
GARZA
G. DEPARTMENT REPORTS
1. SUBJECT APPROVED - Grant Acceptance from the California Fire Foundation.
Acting City Manager, Chief Greg Tarascou presented on the item.
Councilmember Hurtado asked for the status on the wildfire fund and previous funds Public comment: None
The City Council by motion of Councilmember Hurtado adopted Resolution No.2022-72 for a budget amendment in the amount of $10,000 as a result of a grant from the California Fire Foundation for the purchase of wildland firefighting personal protective equipment and related equipment, and authorize the City Manager to sign the appropriate documents on behalf of the City. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote 6 Cily Council Minutes
September 1, 2022
AYES:
NOES:
ABSTAIN
ABSENT:
ONTIVEROS, MARTINEZ, HURTADO, MONTELONGO
NONE
NONE
GARZA
H TAFF COMMUNICA
Acting City Manager, Chief Greg Tarascou presented on the item. He said the valley was experiencing a heat wave and that the Cooling Center would be open. He also provided an update on Well6. Discussion followed.
Public comment:
Dolores Melendez asked for a follow up on the petition that she gave to City Council on August 4 for portable showers. She said that when the bottled water was delivered, residents were told that City staff would be back with more water, but they have not redelivered water. She said that the City should reach out to the State for help.
An unidentified person said that the Acting City Manager sounds like he's more aggressive now by having spare parts for well repairs.
Osvaldo Vera, community activist said that he agreed with the previous person and that prevention is the key.
Frank Gonzalez (zoom) said the City needs to be more proactive with maintenance on wells and not reactive. He said maybe there should be a hotline for residents to call when they don't' have water.
There were no comments by email.
I. MATTERS INITIATED BY CITY COUNCIL MEMBERS
1. Downtown Business Standards Review - Informational item Community Development Director David Brletic presented on the item.
Councilmember Hurtado said that the Planning Commission had an ad hoc committee and maybe they can look at what other local cities are doing.
Consensus was given to send the Business Standards to the Planning Commission for review and to update, improve fagade, and to select a facade and provide City Council with a recommendation.
Public comment:
Karen Pearson said that Sanger Medical already made some changes to their building so there is something already in the books. The City should update the current standards instead of rewriting the standards.
7 City Council Minutes
September I,2022
An unidentified person complimented Councilmember Hurtado for keeping downtown in the forefront. He said the City was spending a lot of time and money on Academy and 180 and should focus on downtown now. He said that we have a small town like a historical little heritage downtown and let's not let that identity go.
Kevin Carter said the history of downtown in the 1970s had a lot of merchants that discouraged new businesses from coming to downtown to protect their interests. He hears from others comparing Sanger downtown to other towns and ask what happened? Frank Gonzalez (zoom) said that Kevin Carter is correct. He said the future is 180 will bring more businesses back to town. He is part of the Revitalization Committee and trying to bring back downtown. There is a lot happening in downtown that Council has brought back.
There were no comments by email.
2. Councilmember Hurtado
a. Water situation, if the City has to declare an emergency, no citizens should go without water and need to be helped out. She said that it is time to declare a water emergency and to write a letter to the Governor and get the state involved. Mayor and Council said there is a Water Emergency in place.
Add the Drought Emergency plan and Emergency Power Shutoff plan to a future agenda for discussion, which she had received consensus at a previous meeting. She requested a copy of the City Emergency declaration be provided to her for review.
Asked for a consensus to add a Water Efficiency Rebate program to a future agenda for discussion. Consensus was not given.
b
c
3. Mayor Pro Tem Martinez
Asked why the Sanger Crossing Apartments have low water pressure to no water He said the apartment landlord should get involved with the water issue.
4. CouncilmemberMontelongo
Regarding water usage by Pitman Farms, wants to make sure they are in compliance with their water usage. He asked for a consensus for staff to come back with water usage information by hopefully the next City Council meeting. Consensus was given.
With more traffic congestion due to school now in session and students starting at 8:30 AM, he asked for a consensus for a traffic study on Greenwood Ave.
Consensus was given to do another trafhc study.
Asked for a consensus for staff to provide an update on the Covid-l9 grant for businesses including the grant money issued and what is pending. Consensus was given.
a.
a.
b.
c.
8 City Council Minutes
September I, 2022
Asked for a consensus for staff to provide an update on the Tobacco Ordinance by the next meeting. Consensus was given.
Asked for a consensus for staff to provide an update on when the Youth Council will resume their meetings. Consensus was given.
Asked for a consensus for staff to provide an update on the hiring process, which he had previously requested. Consensus was given.
5. Mayor Ontiveros
a. Asked for a consensus to discuss an emergency plan that when there is no water for showers or drinking water, that porta-potty and drinking water be provided.
Consensus was given to add to a future agenda for discussion.
Asked for a consensus to purchase other motors and pumps for Wells. Consensus was given to add to a future agenda for discussion.
Councilmember Montelongo asked for a wriffen report with a timeline on Well rehabilitation schedules to share with residents.
Asked that the Public Parks bid to be posted by the next City Council meeting, which is for the claying and snack bar work.
d.
e.
f.
b.
c
J. ADJOURNMENT
There being no further business, the Council adjourned their regular meeting at7:45 PM.
ATTEST:
Corina Tamez, Deputy City Clerk
9 Minutes of a Regular Meeting of the Sanger CityCouncil THURSDAY, SEPTEMBER I 5, 2022
6:00 P.M.
COI.INCIL CHAMBER
1700 7th Street, Sanger, California 93657
A. CALL TO ORDER
The City Council called their meeting to order at 6:00 PM.
B. OPENING CEREMONIES
The invocation was offered by Pastor Paul Canaday.
The flag salute was led by Mayor Eli Ontiveros.
Roll Call
Present: Mayor Eli Ontiveros, Mayor Pro Tem Daniel Martinez, Councilmember Humberto Garza, Councilmember Esmeralda Hurtado (anived at approximately 6:17 PM), Councilmember Michael Montelongo
Absent: None
C. AGENDA APPROVAI,. ONS AND/OR DELETIONS
The Council by motion of Mayor Pro Tem Martinezapproved the agenda as presented. The motion was seconded by Councilmember Montelongo and approved by the following vote:
AYES: ONTIVEROS, MARTINEZ, GARZA, MONTELONGO
NOES: NONE
ABSTAIN: NONE
ABSENT: HURTADO
D. PUBLIC FORUM
Raul Cantu advised the Council of an incident that occurred on August 29,202I involving the property located at 1603 Sanger Avenue. He said although there is a security fence around the property, Hayden Construction used it without permission to store equipment while on a construction project nearby. He said he filed a police report for trespassing and assault.
Lupita Padilla said she presented an incident to the Council not too long ago about a sewer line backup at920 J Street. The incident caused the apartment to flood and ruined mattresses and clothes. She said the City should help to replace the damaged clothing and mattresses. 10 City Council Minutes
September /,5,2022
An unidentified person said he is still concemed with the minimizing of positions in the Police Department. He said he is also concerned that the Police and Fire Associations endorsed certain candidates. He suggested the Council initiate a program to have all questions presented during Public Forum answered in a timely manner.
Rita Flores said the City needs to put lights or flashing lights on North Avenue.
Councilmember Hurtado arrived at approximately 6:17 PM.
E. CONSENT CALENDAR
The Council by motion of Councilmember Montelongo removed Agenda Items E-5, E-6, andB-7, for further discussion and approved the following items on the Consent Calendar:
SUBJECT: APPROVED - Minutes of the Special and Regular meetings held on July 21,2022,and August 4,2022, and the Regular Meeting held on August 18, 2022.
SUBJECT: APPROVED - Remote City Council Meetings under New Brown Act Requirements (AB 361).
The City Council adopted Resolution No.2022-73 reauthorizing remote teleconference public meetings by the City Council and all Boards, Commissions, and Standing Committees of the City in accordance with Assembly Bill 361.
SUBJECT: INFORMATIONAL ITEM - Warrants including CheckNos. 87135 through 87504.
SUBJECT: APPROVED - Payroll including Direct Deposit Nos. 57470 through 57721; Payroll Check Nos. 58559 through 58629; and Benefit Check Nos. 1812 through 1819.
SUBJECT: APPROVED - Extension of COVID-l9 Supplemental Paid Sick Leave Policy.
The City Council adopted Resolution No.2022-74 to revise the City's Administrative Policy for COVID-19 Supplemental Paid Sick Leave extending the Policy through December 3I,2022.
The motion was seconded by Councilmember Garza and approved by the following vote AYES: ONTIVEROS, MARTINEZ, GARZA, HURTADO, MONTELONGO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
I
2. a
J
4. I
11 City Council Minutes
September 15,2022
5. SUBJECT: INFORMATIONAL ITEM - Police Department Monthly Report Councilmember Hurtado requested an update on the Downtown Business Watch.
Police Chief Greg Gamer said the Chamber will be setting up the next meeting.
6. SUBJECT: INFORMATIONAL ITEM - Fire Department Monthly Report.
Councilmember Hurtado asked if any of the fires listed in the report could have been prevented SUBJECT: APPROVED - Purchase of Four New Vehicles for the Public Works Department.
Councilmember Hurtado asked if the budget allowed for the purchase of only four vehicles.
City Manager Tim Chapa said two cars were in last year's budget and two are in this year's budget.
The City Council by motion of Councilmember Garzaauthorized the purchase of four (4) new 2023 Ford F-150 regular cab work trucks from National Auto Fleet Group in the amount not to exceed $144,7I1.44. The motion was seconded by Councilmember Montelongo and approved by the following vote:
AYES: ONTIVEROS, MARTINEZ, GARZA, HURTADO, MONTELONGO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
F. PUBLIC HEARING
The City Council held a public hearing to discuss Zoning Ordinance Amendment No.2022-02 to rezone APN 315-021-23 from the C-2 District to C-4 District for General Plan Consistency.
No public comment was offered.
The Council closed the public hearing.
The Council by motion of Councilmember Garza approved the CEQA finding of consistency; waived the full reading and introduced Ordinance No. 2022-08 amending the OfficialZoneMap by Rezoning Real Property from the C-2 (Community Commercial) District to the C-4 (General Commercial) District for APN 315-021-23, aparcel located on the north side of Jensen Avenue, west of N. Bethel Avenue containing approximately 3.5 acres. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
7 12
City Council Minutes
September 15,2022
AYES:
NOES:
ABSTAIN:
ABSENT:
ONTIVEROS, MARTINEZ, GARZA, HURTADO, MONTELONGO
NONE
NONE
NONE
G. DEPARTMENT REPORTS
1. SUBJECT Appointments to the Citizen's Oversight Committee - Measure S.
Public comment:
Osvaldo Vera said one person should not be appointed to two positions.
Raul Cantu said approximately ten to fifteen years ago he was a member of the Planning Commission and a member of the Tree & Landscape Commission at the same time.
An unidentified person said he did not think it was a good idea to have one person sit on two commissions.
The Council by motion of Councilmember Hurtado reappointed Gina Mendozaand appointed Karen James to the Citizen's Oversight Committee with a term expiration of June 30,2024; temporarily appointed Al Alfaro and directed Staff to open a recruitment for one seat on the Planning Commission and one seat on the Citizen's Oversight Committee and after recruitments are completed, Mr. Alfaro's permanent appointment to either the Planning Commission or the Citizen's Oversight Committee will be determined. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: ONTIVEROS, MARTINEZ, GARZA, HURTADO, MONTELONGO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
SUBJECT: APPROVED - Deferment Agreement for Public Improvements - Site Plan Review No. 2021-03, APN 322-081-37.
Public comment
Kevin Carter asked if Richard Avenue is extended eventually, will the Alvarado's pay for half the street when future development comes into that area. City Manager Chapa confirmed the Alvarado's will pay for half the street.
Al Alvarado and Maria De Lurdes Alvarado thanked the Council for approving the agreement.
They thanked the Staff for their assistance and especially City Manager Chapa for his leadership The City Council by motion of Councilmember Montelongo approved the Agreement for Deferment of Certain Development Requirements under Site Plan Review No. 2021-03 with Alvaro Alvarado III and Maria De Lurdes Alvarado. The motion was seconded by 2 13
AYES:
NOES:
ABSTAIN:
ABSENT:
City Council Minutes
September i,5, 2022
Councilmember Garza and approved by the following vote:
ONTIVEROS, MARTINEZ, GARZA, HURTADO, MONTELONGO
NONE
NONE
NONE
ONTIVEROS, HURTADO
MARTINEZ, G ARZ A. MONTELONGO
NONE
NONE
ONTIVEROS, HURTADO, MONTELONGO
MARTINEZ, GARZA
NONE
NONE
Councilmember Montelongs
a. Requested an update on the basketball courts at Greenwood Park and the boxing club.
Public Works Director John Mulligan said he received the quote for the boxing club. The basketball hoops have not yet been ordered.
H. MANAGER/STAFF
None.
BY CITY
l. SUBJECT: Employee Schedules and Teleworking.
The City Council engaged in discussion regarding employee schedules and teleworking.
Public comment:
Mia Geil said as a taxpayer and citizen of Sanger, she wants to see cars in parking lots and people in buildings and that teleworking is unnecessary.
Councilmember Hurtado made a motion to terminate employee teleworking. The motion was seconded by Mayor Ontiveros and failed by the following vote:
I
AYES:
NOES:
ABSTAIN:
ABSENT:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmember Montelongo made a motion that Staff develop a policy to allow for teleworking only when an employee is home due to illness or other reason. The motion failed for lack of second.
Mayor Ontiveros made a motion to table the item. The motion was seconded by Councilmember Hurtado and approved by the following vote:
2 14
City Council Minutes
September i,5, 2022
J. ADJO
Being no further business, the Council adjourned their meetingatT:52PM ATTEST:
4 b. Requested and received a consensus to direct Staff to assess the placement of signs/signals at Greenwood Avenue and 10th Street.
c. Requested and received a consensus to direct Staffto seek a second opinion and altemative to the traffic pucks on Cherry and Bethel Avenues. d. Requested new trees be planted at Greenwood Park.
3. Mayor Pro Tem Martinez
a. Asked that broken sprinklers at Veteran's Park be repaired. b. Stated he attended the League of California Cities Annual Conference last week.
He stated he spoke with representatives of The Kosmont Company and they are really proud of their work in Sanger relating to the Enhanced Infrastructure Financing District. He also spoke with various grant writing companies and said he sees a lot of value in some of the companies. He stated he would like to discuss again the options for grant writing services.
Councilmember Hurtado
a. Requested an update on the trees at Sanger Park.
City Manager Chapa stated Staff can request an evaluation of the trees similar to what was done at Greenwood Park.
b. Requested an update on the cybersecurity assessment program.
City Manager Chapa stated an update will be provided when Administrative Services Director Patrick Chaffee returns.
c. Requested a presentation to Council by The CrisCom Company.
Mayor Ontiveros
a. Requested and received a consensus to award a Proclamation to Family Worship Center for their 60th anniversary.
b. Requested and received a consensus to direct Staff to look into doing a water and sewer infrastructure audit.
c. Asked the Council to consider another look at the claim Ms. Padilla spoke about during Public Forum. City Attomey Hilda Cantu Montoy said it can be placed in closed session for reconsideration.
Councilmember Garza
a. Requested the repair or replacement of broken equipment at JFK Park. 5 6.
Rebeca P. Ramirez, City Clerk
15 S ANC
,. r,1,.
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For the Meeting of:
Agenda Item No.:
CrrY oF SINGER
RE,PORT TO THE. CITY COUNCIL
October 6,2022
H -z
To:
From:
Subject:
Mayor and City Council
David Brletic, Community Development Director
Attachments:
Second Reading
Zoning Ordinance Amendment No. 2022-02 - Rezoning APN 315-021- 23 from the C-2 District to C-4 District for General Plan consistency. (1) Ordinance No. 2oZ)'o8 for ZoningAmendment No. 2022- 02 and Exhibit A Diagram
@ PlanningCommissionResolution2022-04
(3) CEQA Finding of Consistency
CONFLICT OF INTEREST:
None known
RECOMMENDATION:
Staff recommends that the City Council waive the full reading and approve the CEQA finding of consistency for Ordinance No. 2022-QI amending the Official Zone Map by Rezoning Real Property from the C-2 (Community Commercial) District to the C-4 (General Commercial) District for APN 315-02123, aparcel located on the north side of Jensen Avenue, west ofN. Bethel Avenue containing approximately 3.5 acres.
EXECUTIVE SUMMARY:
On September 15, 2022, the Sanger City Council voted to waive the full reading, and introduced Ptepared by: Approved by:a-*
q,&x-A-*.^)
REVIEW: City Managet:
TYPE OF ITEM:
NO ACTION
V Consent
Informational Item
Department Report
Finance: City Attomey:
COUNCIL ACTION: APPROVED DENIED
Public Hearing
Matter Initiated by a Council Member
Othet:
Continued to:
16 Ordinance No. 2022-_ amending the OfficialZone Map by Rezoning Real Property from the C- 2 (Community Commercial) District to the C-4 (General Commercial) District for APN 315- 02123, a parcel located on the north side of Jensen Avenue, west of N. Bethel Avenue containing approximately 3.5 acres.
Location: The subject property (APN 315-021-23) is located on the north side of Jensen Avenue, west of N. Bethel Avenue, in an interior lot outlined in red in the aerial photo below:
See below the subject property pictured facing north from Jensen Avenue:
17 See below the zoning for the subject property:
See below the General Plan map for the subject property ;l
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Ttl
18 BACKGROUND:
This application is for aZonins Ordinance Amendment for a property located on the north side of Jensen Avenue, west of N. Bethel Avenue, in the northwest quadrant of the City. The westernmost extent of Jensen Avenue has been designated in the General Plan as General Commercial, for the purposes of providing shopping centers, retail uses, offices, and related uses. The site is currently a developed lot with several existing structures. The site was previously and currently used for a plant nursery and automobile repair. Staff has received applications for planning entitlements to develop the site as a car wash, drive thru restaurants, and an oil change shop. The project as proposed would result in the rezoning of the land from the Community Commercial district (C-2) to the General Commercial district (C-4), in order to achieve consistency with the General Plan Map as required by State law and facilitate the Site Plan Review application submitted for the proposed businesses.
The applicant has also coordinated with City staff to designate the westernmost corner of the project site for installation of the City's newest well, and the applicant has already signed the agreement to sell this property to the City.
Prior review includes Development Review Committee meetings addressing the entitlements submitted for the subject property, Site Plan Review No .2022-02 and2022-05, as well as Planning Commission review of the Zoning Ordinance Amendment, for which a public hearing was held on July 28'fr, at which time the Planning Commission adopted Resolution No. 2022-04, recommending approval of Zoning Ordinance Amendment No. 2022-02 to the City Council.
Environmental analysis of the proposed Zoning Ordinance Amendment concluded that the proposal constitutes a "project" under the California Environmental Quality Act (CEQA), however is exempt from environmental review under CEQA Guidelines 15061(bX3). The proposed zone change is consistent with the EIR prepared for the 2035 General Plan update (SCH#2018031047), and a Finding of Consistency has been prepared for the project.
REASON FOR RECOMMENDATION:
The project has the recommendation of staff because the proposed amendment to the Zoning Ordinance will achieve consistency between the General Plan and Zoung Ordinance maps, which facilitates the development of the site for various commercial purposes. In addition, the Planning Commission did, at a regular meeting on July 28,2022, adopt Resolution 2022-04 to recommend approval of the proposed Zoning Ordinance amendment to the City Council.
FISCAL IMPACT:
None known.
ALTERNATIVES:
City Council may deny the application for rezone
19 ACTIONS F'OLLOWING APPROVAL:
If approved, the subject property will be rezoned from the C-2, Community Commercial District, to the C-4, General Commercial District. Within ten (10) days of approval of a change of zoning district amendment by the City Council, the Community Development Director must indicate the change on the offrcial zone map, pursuant to Sanger Municipal Code Sec. 90-997(c). 20 ORDINANCE NO. 2022-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER AMENDING THE OFFICIAL ZONE MAP BY REZONING REAL PROPERTY FROM TIJf'''C-z'' (coMMUNITy COMMERCTAL) DISTRICT TO THE .sC-4D (GENERAL
COMMERCIAL) DISTRTCT FOR APN 315-021-23, A PARCEL LOCATED ON THE NORTH SIDE OF JENSEN AVENUE, WEST OF'N. BETHEL AVENUE CONTAINING APPROXIMATELY 3.5 ACRES
WHEREAS, the Planning Commission of the City of Sanger conducted a public hearing on July 28,2022, to consider ZoningAmendmentNo.2022-02, submitted by staff to change the zoning designation from Community Commercial (C-2) to General Commercial (C-4) for Assessor's Parcel Number 315-021-23, property located on the north side Jensen Avenue, west of N. Bethel Avenue, Sanger, CA 93657 ; and
WHEREAS, the existing zoningdesignation of the project site is Community Commercial (C-2) and staff is requesting the zoning designation be changed to General Commercial (C-4); and WHEREAS, the project site is designated as General Commercial in the 2035 General Plan; and WHEREAS, California land use laws require zoning to be consistent with the General Plan; and WHEREAS, a Finding of Consistency with the 2035 General Plan and General Plan Environmental Impact Report has been prepared in compliance with the California Environmental Quality Act; and
WHEREAS, the Planning Commission reviewed the staff report prepared for Zoning Amendment No. 2022-02 and heard public testimony offered at the public hearing on the request to change the zoning designation as described above; and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 2022-04, recommending that the City Council approve ZoningAmendment No. 2022-02, to change the zoning designation from Community Commercial (C-2) to General Commercial (C-4) for Assessor's Parcel Number 315-021-23, property located on the north side of Jensen Avenue west of N. Bethel Avenue, Sanger, CA93657; and
WHEREAS, the City Council held a duly noticed public hearing on September 15, 2022,to consider approval of the ordinance.
21 THE CITY COUNCIL OF THE CITY OF SANGER DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Sanger finds that the above recitals are true and correct and are incorporated herein by reference.
SECTION 2. The City Council finds that all legal prerequisites for consideration of this matter have occurred, including notice of the public hearing.
SECTION 3. The City Council finds that public necessity, convenience, general welfare, or good zoningpractices justiff the change in zone district for APN 315-021-23. The changes are consistent with and allow implementation of the General Plan. The change is also consistent with the purpose of the City's zoning ordinance to promote the growth of the city in an orderly and sustainable manner, and to promote and protect the public health, safety, peace, comfort, and general welfare.
SECTION 4. The City Council hereby amends the Official ZoneMap of the City of Sanger as follows: the designation of APN 315-021-23 is amended from the "C-2' (Community Commercial) District to the "C-4" (General Commercial) District.
SECTION 5. The reclassified parcel is shown in the diagram attached hereto as Exhibit A and incorporated herein as if fully set forth.
SECTION 6. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions, or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
SECTION 7. This Ordinance shall take effect on the thirty-first (31't) day after its adoption.
SECTION 8. Publication. The City Clerk shall certifu to the adoption of this Ordinance and cause the ordinance or a sunmary of it as authorized by law to be published in a newspaper of general circulation printed and published within the City of Sanger pursuant to all legal requirements.
* * :F d. {< *,1. * * * {. * t tl.,l. * d. * * * * * * * 22 The forgoing Ordinance was introduced at a regular meeting of the City Council of the City of Sanger held on the l5th day of September 2022 and was passed and adopte d at aregular meeting of the City council held on the 6th day of October 2022by the following vote:
AYES:
NOES:
ABSTAIN
ABSENT:
ATTESTED
COUNCILMEMBERS:
COLINCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
APPROVED
Rebeca P. Ramirez,City Clerk Eli Ontiveros, Mayor
23 EXHIBIT "4"
i
I
I
24 SA NC
"r.i,,.
DR
Agenda Iten _
Attachment 2
CITY OF SANGER
PLANNING COMMISSION
RESOLUTION NO. 2022.04
ZONING AMENDMENT NO. 2022.02
A RESOLUTION OF' THE PLANNING COMMISSION OF THE CITY OF
SANGER RECOMMENDING THE CITY COUNCIL OF THE CITY OF SANGER APPROVE ZONING AMENDMENT NO. 2022-02 _ ZONING DESIGNATION CHANGE FROM COMMUNTTY COMMERCTAL (C-2) TO GENERAL
COMMERCTAL (C-4) FOR ASSESSOR'S PARCEL NUMBER 315-021-23, SANGER, C493657.
WHEREA$ the Planning Commission of the City of Sanger did conduct a public meeting in the Council Chambers of the Sanger City Hall in Sanger, California, on JULY 28rH,2022, to consider Zoning Amendment No. 2022-02, submitted by Robert Vermeltfoort, to change the zoning designation from Community Commercial (C-2) to General Commercial (C-4) for Assessor's Parcel Number 315-021-23, property located on the north side Jensen Avenue, west of N. Bethel Avenue, Sanger, CA93657; and WHEREAS, the existing zoning designation of the project site is Community Commercial (C1) and staff is requesting the zoning designation be changed to General Commercial (C-4); and WHEREAS, the project site was designated as General Commercial in the 2035 General Plan; and WHEREAS, California Land Use Regulations require zoning to be consistent with the General Plan; and
WHEREAS, a Finding of Consistency with the 2035 General Plan and General Plan Environmental Impact Report, has been prepared in compliance with the California Environmental Quality Act;and
WHEREA$ the Commission reviewed the staff report prepared for Zoning Amendment No. 2022-02, which is herein incorporated by this reference; and heard public testimony offered at the public meeting on the request to change the zoning designation from Community Commercial (C-2) to General Commercial (C-4) for Assessor's Parcel Number 315-021-23, property located on the north side of Jensen Avenue west of N. Bethel Avenue, Sanger, CA93657; and,
25 Agenda Item _
Aftnchmcnt 2
NOW, THEREFORE BE IT RESOVLED that the Planning Commission of the City of Sanger, State of California, recommends the City Council of the City of Sanger approve ZoningAmendment No. 2022-02, to change the zoning designation from Community Commercial (C-2) to General Commercial (C-4) for Assessor's Parcel Number 3 1 5-02 I -23, propefi located on the north side of Jensen Avenue west of N. Bethel Avenue, Sanger, CA93657.
f *,1. {. * * {. r1. t rf * * * * * rf *
I HEREBY CERTIF'Y that the foregoing is a full, true, and correct copy of a Resolution duly and regularly adopted and passed by the Planning Commission of the City of Sanger, California, at a meeting held on the 28ft day of July, 2022,by the following vote:
AYES: CARTER, GARCIA, AGUILAR, CONTRERAS
NOES:
ABSENT: ESQUER, DANISKA, ECHEVERRIA
ABSTAIN:
Dated: July 28&,2022
n;'a&h-
Dovid Brletic
Secretary of the Planning Commission
of the City of Sanger
26 Agenda Item _
Attachment 3 - CEQA Review
CITY OF SANGER
FINDING OF CONSISTENCY
WITH THE 2035 GENERAL PLAN
AND GENERALPLANEIR
(scH#201 803 1047)
27 Fot the Meeting of: October 6,2022
Agenda Item No.: l1 - Z
CrrYoF SINGER
RE.PORT TO THE, CITY COUNCIL
To:
From:
Subject:
Attachments:
Mayor and City Council
Joaquin Zamora, Recreation Supervisor
Approval of Fresno-Madera Area Agency on Aging (FMAAA) Contract for FY 2022-2023 - Contract No.20-019IAPR
1) FMAAA Contract Resolution No.2022 - 7 <
2) Budget Amendment Resolution No. 2022 - 1 b
CoNrr.rcr or lxrnRrsr:
None known.
RBcovrvruNulrrou
Staff recommends that the City Council:
1. Adopt Resolution Approving Contracts with the Fresno Madera Area Agency on Aging for the Title III Cl Congregate Nutrition Program For Older Adults And AuthoizingTheir Execution for FY 2022-2023; and
2. Adopt the Resolution approving the budget amendment to the FY 2022-2023 budget in the amount of $24,372.
Exucurrvn SuvrrvrlRy
The Fresno-Madera Area Agency on Aging (FMAAA) funding is utilized solely for the Senior Meal Program offered at the City of Sanger Senior Center. The amount provided by these contracts helps support the labor expenditures of the Senior Coordinator who manages the program daily. While the amount of funds received from the FMAAA has decreased over the years and no longer offset the entire labor expenditure amounts, the funds still supplement the operational costs to assure that the senior Ptepared by: Approved by:
REVIEW: City C Finance: City Attorneyi _
TYPE OF ITEM:
ACTION
X Consent
Info Item
X Action Item
Deoartment Reoort
Redevelooment Asencv
COUNCILACTION: APPROVED DENIED NO
Public Headng
Mattet Initiated by a Council Member
Other
Continued to:
28 citizens of Sanger have a low-cost lunch if they desire. The Fresno Area Agency on Aging's Governing Board has approved an award of $24,372 in American Rescue Plan (ARP) funds to the City of Sanger as follows:
Contract No. 22-019IARP, Title III Cl Nutrition Site Management l2-Month Funding Cycle: $16,872 Maximum expenditure
One-Time Start-Up Costs: $ 7,500 Maximum expenditure
Blcrcnouxo
Previously, the City of Sanger entered into a contract with the Fresno Area Agency on Aging (FMAAA) for the provision of the Senior Citizen Site Management (hot meals) Programs at the Sanger Senior Center.
The City of Sanger operates a senior center at the Sanger Community Center. One full-time Senior Coordinator at the Sanger Senior Center is supervised by the Public Works Department, who oversees the Senior Center and the Parks and Recreation programs. The City of Sanger and the Fresno-Madera Area Agency on Aging have had contract agreements for well over 20 years before the closure of the Senior Center in2020 due to Covid-l9. As a result of all City programs being shut down to prevent the spread of the virus, this year's contract agreement includes funding for one-time startup costs.
RusoN FoR REcoMMENDATToN
The prior contracts have been annual in nature and the amount varies year to year. In order for the City to receive the funds and to participate in the meals progftrm through the FMAAA for the FY 2022-2023,the City Council must review and approve the new contract. The funds received from the FMAAA directly off-set a portion of the Senior Coordinator's labor expenses and help provide hot meals to Sanger Seniors.
Providing this service to seniors remains an important part of the offerings provided to the community by the Parks and Recreation Department. The meal program is significant for seniors on fixed incomes and the revenue and support from the FMAAA is critical to the success of the program.
Frsc,lr,Innrlcr
The total amount of FMA.AA funds awarded to the City of Sanger for the FY 2022-2023 is 524,372 and is to be used specifically for the Senior Program. The acceptance of the grant requires the City to provide matching funds from program donations and/or the City's General Fund. The matching funds were anticipated in the adopted City Budget. The grant match is comprised of portions of allowable staff salary and benefits for their participation in the administration of this program.
Ar,rnnNluvns
Council may elect not to approve the contract with FMAAA, and provide further direction to staff.
Acrroxs For,r,owrNc AppRovlr,
Staff will work with FMATAA to execute the contract and implement the program at the Sanger Senior Center.
29 ATTACHMENT 1
30 RESOLUTION NO. 2022- 7 5
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APPROVING
CONTRACTS WITH THE FRESNO MADERA AREA AGENCY ON AGING FOR THE TITLE III Cl CONGREGATE NUTRITION PROGRAM FOR OLDER
ADULTS AND AUTHORIZING THEIR EXECUTION
WHEREAS, the City of Sanger has entered into an Agreement with the Fresno Area Agency on Aging (FMAAA); and
WHEREAS, Contract Number 22-0191ARP listed on page 6 of this Agreement is subject to renewal each fiscal year.
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Sanger as follows:
1. The foregoing recitals are true and correct and incorporated by reference.
2. The Council approves the renewal of contract with FMAAA and authorizes the City Manager to execute contract(s) with FMAAA for the fiscal year beginning July 1, 2022to June 30, 2023, including any subsequent amendments and all the necessary supporting documents.
3. This resolution is effective upon adoption.
The foregoing Resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 6th day of October and approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Member(s):
Council Member(s):
Council Member(s):
Council Member(s):
Rebeca P. Ramirez, City Clerk
31 Agencyon Aging
Change The Way You Age
American Rescue Plan (ARP) Contract
between
City of Sanger
and
Fresno-Madera Area Agency on Aging
for period ending June 30, 2024
Contract No . 22-0L9IARP
Site Management
32 Docuuerurs ReourRED To Execure Conrnncr
Please return two sets of all contract pages in the order provided by the Agency on Aging The following contract documents require signatures and entries on both sets of documents.
Type enties and enter ortginal signafures in inkon hoilt sets of documents:
Must include signature of individual named on Exhibit E, page 5, as having primary, hands-on involvement & oversight of daylo-day operations; and signature of individual authorized by governing board to execute the contract (see Appendix A).
Appendix A, Resolution of Authorization to Contract
Must contain signature of chair of seruice providef s governing board.
Appendix B, Contractor Certification Clauses
Must contain signature of individual authorized by governing board to execute the contract (see Appendix A).
Appendix C, lnformation lntegrity and Security Statement Must contain signature of individual authorized by governing board to execute the contract (see Appendix A).
Also, check appropiate box under "C;eftif' at boftom of page 2 to indinte 128-bit Enuyption compliance status.
Appendix K, Request for Taxpayer ldentification Number and Certification (W-9) Paft ll, Ceftification, must contain signature of individual authorized by governing board to execute the contract (see Appendix A), Only page 1, signature page required (do not submit pages 2-6).
The followinq contract documents require tvped entries on both sets of documents:
I Appendix D, Method of Providing Audit Compliance
n Exhibit B, Budget: Email Excel version to [email protected]; submit 2hard copies with contract f] Exhibit E, Program Narrative: Email Word version to [email protected], submit 2 hard copies with contract Exhibit F, Service Provider Emergency Resource lnformation Please attach two sets of the following to this paoe:
1. List of all proposed subcontractors for this Agreement (if any), and, following review of Agency on Aging contract, copy of proposed contract template to be used for subcontractors.
2. Ceftificate(s) of lnsurance Please review Article W of Aqreement piorto ananqino for ceftificateto ensure allcontractual requirements for insurance ceftificate are met and specifrc contract language included on certificate.
3. Copy of IRS Determination Letter of Tax Exempt Status if a non-governmental organization.
4. Organizational chart, including names and position titles for contracted program
5. Job Description and Resume of individual named on Exhibit E, page 5, who has pimary, hands-on involvement and oversight of the daylo-day operations of the contracted program
6. List of Governing Board members
7. List of Advisory Council or Advisory Committee members (if applicable)
8. Current documents (i.e. flyers, brochures)used fo promote the contracted program Documents Required to Execute Contract
American Rescue Plan Grant Award
tr
u
Rev. January 2022
33 ofirtJ
Recreation and Commrmity
Services Division
CiW of Santger, Culif,orniq,
PARKS AAID RECREATION DEPARTMENT
17oo Seuenth Street
Sanger, Califurnia %65z
(SSg) Bf6-6goq Option 4
(SSq) 876-6gzg,Fax
www.ci.sanger.ca.us.parks-rec. asp
Insurance Certificate to follow
October 2022
We Create Community Through People, Parks & Programs!
34 of
Recreation and Community
Services Division
iltJ qr
CiW of Sornger, Co,lif,ornia
PARKS AND RECREATI ON DEPARTM ENT
17oo Seuenth Street
Sanger, Califurnia %657
(SSg) 8Z6-6goq Option 4
(SSg) 876-6gzg,Fax
www. ci.sanger.ca.us.parks-rec. asp
Senior Center Organ izational Ch ilrt
Tim Chapa
City Manager
559-876-6300 Ext 1500
Tchapa@ci. sanger. ca. us
John Mulligan
Public Works Director
559-876-6300 Ext 1250
Jm u I li panh) ci .sanger.ca.us
Joaqain Zamora
Recreation Supervisor
559-876-6300 Ext 1430
J Zamor a(d.ci .s &nger.ca.us
TBD
S anger S enior Coordinator
ss9-875-7606
We Create Community Through People, Parks & Programs!
35 cttJ
Recreation and Community
Services Division
CiW of Santger, Co,tifornia
PA.R,KS AJVD RECIiEATTON DE PARTMENT
17oo Seuenth Street
Sanger, Califurnia %657
(SSg) 826-63oo, Option 4
(SSg) 876-6gzg,Fax
rrrww.ci.sanger.ca.us.parks-rec.asp
City Council Organ izational Ch art
Eli Ontiveros, Mayor at Large
Esmeralda Hurtado, Councilmember, District I
Humberto Garza, Councilmember, District 2
Daniel Martine z, Mayor Pro Tem, District 3
Michael Montelotrgo, Councilmember, District 4
We Crea.te Community Through People, Parks & Programs!
36 Cityof Sagu P.rrf,Irc wpqKs nIREqT(}R Apdl20lI
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39 JOHN F. ilIULLIGAIII
$aeldng dle posfion of..,
PUBUC Ui'ORK$ DIREGTOR
Reeuhr.dril,sn pruboelonalurith btod agorbrne ln maneging, planl&ig, orgatlzing, and dlmcling F.&fic works, publlc utllitiee, puHh friance, arrd padaard r€creafion acfriEss. tlphlyeftcthte cornmunhnbret6 bertt lestlcr uytsr Fuven abllltyb buld bng4enn rabfmal{pourl8r lntsmaland odcrnal indvUuds orguuulqby€stsbfishlng a hlgh bvel of conlidsnce and tust Prorrcn s'rlttg and rpeakirg skills rtrtrr tle dEmorctrntad ebll[y b communlcate enthusiastcally vrist flE managementHm end lhe commmlly.
Operatonal Efiidencios
Artculab Gommunlcator
$tEff Trdnlng and Devebpment
FinardalAnalyele
Plofieeslonal Qurllficefion* and $trungfrts
Piudrcdvity and Tkne U0llzaflgn
Tcam Buildng and Sffihederthlp
Itlhngernent Cdlabordiott
CommunltylCudoru Orlenbd
Budgdand Cost0ontrol
Burincss Phnnlng
DevelopGoale and Polby
Gnant ProcurEmeil
Problonal Hlghlights
CITY OF SANGER, Sanger, CA Odbb€r20l0b Pr€ent
lnterfrn Publh lllor*a Dlnctor
Perbrm allaepecb i'n fre admlniffinof the Publlcworts Deprtonentlndudlng dlrecilmanagernentoftheWabr, Sercr, Dbpooal. SfrF€fu, hfu, Facffiles, lnfrrmaton Tectmohgy, and Ppd<s and Reorea{on Dfubbne. Provftte leadenhlp and dlrcotlon in wercedng the pertbrnance of multlple fr.tll and part-time empbyees. Pnpardon ard managtsmant of ilre Daparfnenfe annual budgr( ln exceggef$ 1 mllllon. Aeeup that CiU r€rnahts coiltflhtttwlth all F€deral, Sb[e, and Loial tequinrnente Srtmtor, urafi'toUdbr, and solld umb operations. Omltee the devabpment and lmplenentat{on of caplH imprcvennnt pfog[Em budgnta, lndudfrrg funding sowcae. lnEnot dtudly wl$ tE publband CfimmmheionE ln rclEffonbpublbuorlcand rsd€ston b reptwent$emleslon ofthedepprtnmtand theoverall vlsbn of treCity. ilaintalntlehshmtsiandadsbrMlmanagsmerf pmcdcseand hslnessethbswhile adhering be[ Federal, Siab, md localhneand rugulathnr. SerwonhldcardcommiEaelsCilylepr€EenB$ve * well aB toa$ry Parks and Reateetlon ard frre Ttee snd l.ildscspe Commiselons.
Sdec{rld.Acr,omplkhnmtsr
. Purdrased a $96,000 grsffi Sabrnent rttftkfe and hired a lirll tme GrdR0 Ab#rnent Operabr uliltslng Maagurc Sfunds.
r Golhborated on a pmjecl b spedff and procuro a S126,000 sftisntiary qudity video pollcltE sun ellhnoe syetem to assbt ln redudbn of greffid and Wndslbm.
. Reduced oedme experdifuree $ implernen$ng operatonal efrcbttohe. r Ag$r€d Parlrs and Recrcaflon progftuns mrdnued #r exbnelva budgetary and deparhnentel ldudione and consolitla0ons.
r Sccffired vadous granb fur mulQle trrbfcluork$ relded poJecils such as reqded rubber bme tur exerclse stalione and rcqplad tte clrlp seal gograme.
CIW OF SANGER, Seflger, CA Madt2006bocbber2010
Depu$ Fublic Worb Dhrctor
Aoslsted ln the admlnbhffion and day b day opeudons of all Publb Worlc Deparbnent divislone. Send on mulUple boqrdg and commlseiom. Gmabd and mandged nurndotsl pHts and pdhbs ln rchUon h puHbwotlts rdst€d operatlone. Senred as he Dfedor in he Dlredors abeenoa. Management ana@ atd rab cdcublion. Cohbot.dion uriltr publlo atd prlvate enffle* ln gnnrrt soroing, purchaslng, se&ng and adintirg goala and ovarallloveraglng of limibd Cityfun&. Worlcd dlrecw tvfrlr outsld€ congr[brts b ldcntlfr/ openaUonal efFdendeg and hplement coet efiectw solutiorr. Mainhlned an opcn.door pollcy rultr ebfiard r€idenb b aesure he best possble *rvioe leveb in regards b all publh works. Worked cloesly wit{r hbor unlone tc as$rre poddve and healthy worklng ruhtionshipa.
Sele# Ac*otmplblweirrfr.:
r Gollaborrabd on the management and lmplemerffion of a DWR $3 milllon uater hfmstrudum gnnt br the lnahllafon of wahr dbfibWon lnfrastructule.
r Aseffid in the tteslgn, conrffucfion, and opera0on of tuo Otywells ttu{th granularacfiaabd carbon fitletion. 40 JOHiI F. ilillff.UoAN P.g€ 2
o Pn{eci marngnr.br multlph public wo*s pr4sob suci as the &elgn and raconefucfion of Cily Halt, fte dssbn and lnrtalaflon of mulliple pa*s. dornbwn bcaffflcalhn pmjed phas€, and mullipla gnintfundrd pojccilr.
" Ag3tsbd ln tho udlEatlon and helng offte narly rcnouated $angerYouh Cenbrb Senger Unlfied Sdrocf Dlsfrict, the 8aryer Boys aftl Qlrk Clr'6, $arqer Bodrq Club, and dtutdr func{ions. r Aseleied f hecOfistruofrmof flte$anger$kabPafi.
CIWOF $ANGER, Setger, Cn
Accounbil
July2001 b t[arch 2006
Perfrrmed gohesilmaFlevel acosrntng and furgnchf analyrb. 8udg6t Fepar€tion and dbflbutlon, fntprnal/external audlb, ClP, oontracf analyrla,lnfiasbucturE\rdd[on. Agsitbduffi$l6 mfrlon t fllVBond Rsftrndilq. Water, SenrvEr, md DbPcal_u0lfE pe^gnqlyeb and pesenA$on b CIU Counail and mmmbrione. FEderal bnd $iate grant managsnent br all fte Clty deparlmenh. Fullaccountlng eollruarc upgffie, lmplemenhtlon. $peclal aaeeesrngnb calculatbn and_ praoentatlon hr Landecapo Lhlthg Mdntenane Dlstrict and Communlty Fdllty D&rtdctB. lmplernentcd cffolEnt cash end eccountlry mcfiods b reduce departnenhl overtimc u{rile frcfuarirq eftbndbs. znckyFoodu,lnc., Freeno, cA SephmberlO00toManfiMl
GoctAccountrnt
Apalyzell producl costs atrd variarces. Sdup and malnblrrcrl produrl ooete. Responslble br prupera$on ard amlyeb of cocf raports and costhg aud{b. Cr€ated ar( malntahred producdon yhffia reporb. Assffied menagennrit ln klenfrSlng lneffclerdq and cnatng eolutlone basd on quantlfiable oubomes.
PremlerVa$ayFoodo,lnc. (DalMorfr), Fr€uro, CA A€ustl$sbJunc2fi)O GmvrudRsry Prcd uet Accountant
Rar prcdwt aoquleltotts ln ercess of $20 mition annually. Rmr and ftlshsd produot lnrrcnbrlee, oosdng, ftalgh[ cash frcil'v, bu@* and ffhanchl p$actbns. Suparv[ee, mvtsuvdefis). Prepare monfitytpanyfrhmaUex&nrd cloee scheduler and joumal wuchera-
Guadlan llduefrles Colp., Reedby, CA
Stelf Accourfint
Apdl lsgA toAugust 1Eg6
FinandalrrporUrg, tGrdard coct palFoll, A/F, Ay'R, metaccoundry. Mahbln ervand flnbhed lnrcntorbe, rcooncile bank and gmeral ledger. Helped develop end lmpbmant new prdbbla pruduct line.
Edubafion I Probaelonal
Crllfornh Strle Unhrercl$. Frwno, CA
. Baciobr of $dence, Buatnees Admlnbtration - Aaoountrncy Opllon r 1991 FFrno CIU Collegp-Frucno, OA
r Assoohbsof Sclenc*, AmhlbctralDechn - 1988
r Onduatnd wfth Daan'e llonorB
Geffirnla llepftiintof Pub& tlsrlfri
r Galifbrnh Wab Tmatmsnt Operdr * crade ll (erplree 2014) r Sec{ffirS Eangar Parks and Racredon Comrnbsion
r Secretary: $argerTree affl landscape Cortrndssion
r Boad ltilember- Fmsno Councllof GorremmerrtTnansporbthn Tedlnbd ComrfiBs . Board Member- Upper Klngs Fasln frtognated ReglonalWbbr lltanagarnent Au$rorlty . BoEd Membsr- San Joaquln Valby Poanr Man4ement Auhorfty Rofrltnaes; Professional and pssonal rehrences avallabh upon lequeat. 41 American Rescue Plan Grant Award
Table of Contents (Gontinued)
Apperuorces
Resolution of Authorization to Contract
Contractor Certification Clauses
lnformation lntegrity and Security Statement...........
Method of Providing Audit Compliance..............
Required Reports and Due Dates
Sanction Policy
Appeal Procedure for Service Providers
Fresno-Madera Area Agency on Aging Contact List for Service Providers Fresno-Madera Area Agency on Aging Emergency Contact lnformation...
Community Focal Points List..
Request for Taxpayer ldentification Number and Certification..........,....
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Appendix H
,.Appendix I
.Appendix J
Appendix K
ExHrerrs
Program Exhibit
Budget
Annual Summary of Activities
Program Cost Efficiency .......
Program Narrative
Service Provider Emergency Resource lnformation
American Rescue Plan Grant Award
Table of Contents
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Rev. January 2Q22
42 CONTRACT BETWEEN
CITY OF SANGER
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 Sanger
1700 7th Street
Sanger, CA 93657
B. The starting date of this Agreement shall not precede the date the Agreement is signed by both parties hereto. The term of this Agreement is from the date of execution by the Fresno-Madera Area Agency on Aging to June 30,2024, subject, however, to earlier termination as provided herein.
C. No expenditure or obligation for the funding allocation in this contract period, as noted in paragraph B, may be incurred after June 30,2024.
D, Maximum funds available for the following program, contingent upon sufficient funds made available from the State of California to the Agency on Aging and/or by the U.S. Government or the Budget Acts of the appropriate fiscal years for the purposes of this program:
Approved by Fresno-Madera Area Agency on Aging Governing Board on January 26,2022 Federal Grantor: U,S. Department of Health and Human Services Pass Through Grantor; Fresno-Madera Area Agency on Aging Older Americans Act Title: Title lll Cl Congregate Nutrition, Federal CFDA No, To Be Determined Contract No.: 22-0191ARP Service Site Management
Site 12-Month
Funding Cycle
One-Time
Start-Up Costs
Contract Period
Grant Amount
Sanger Senior Center $16,872 $7,500 $24,372
Total Term of Contract Grant Award: $24,372
E. This document together with any attached program exhibits, assurances, budgets, and narratives is a firm agreement to provide services for older Americans in Fresno and/or Madera counties (including cities contained therein) as specified in a manner consistent with the intent of, and regulations applicable to, service programs under Title Ill/Vll of the Older Americans Act as amended.
F. The provisions of the Area Plan Grant Award Terms and Conditions Declaration (Articles I through XX) attached thereto, plus all enclosures listed, herein, constitute a part of this contract.
American Rescue Plan GrantAward
Contract
43 FOR SERVICE PROVIDER:
S ig n atu re of i nd ivid u al named on Exhibit E, page 5, as having Date primary, hands'on involvement and oversight of the day-to-day operations of the contracted program,
John Mulliqan Public Works Director
Type Name Title
sig nature of Authorized Conkacting Ofiicial Date
(Referto Appendix A)
Tim C Citv Manaoer
Type Name Title
Contractor Federal Employer l,D. Number
FOR FRESNO.MADEM AREA AGENCY ON AGING:
Signature Date
Executive Director
Type Name Title
American Rescue Plan GrantAward
Contract
44 ADDENDUM TO
CONTRACT NO. 22.0191ARP
BETWEEN
CITY OF SANGER
AS SERVICE PROVIDER
AND
FRESNO.MADERA AREA AGENCY ON AGING
(HERETNAFTER REFERRED T0 AS AGENCY ON ActNG)
2520 WEST SHAW LANE, SUITE 101A, FRESNO, CA 97311
MAILING ADDRESS: 2037 WEST BULLARD AVENUE, #512, FRESNO, CA 937'11 Prior to reopening any of its Congregate Nutrition sites to be funded under this contract, the service provider agrees to complete and submit a COVID-19 Prevention Program Reopening Plan (hereinafter referred to as the "Reopening Plan") to the Agency on Aging, The Agency on Aging must approve the service provider's Reopening Plan before the service provide/s Congregate Site(s) may reopen under this contract.
The service provider's COVID-19 Prevention Program Reopening Plan for each Congregate Site shall include, but not be limited to, the following provisions:
1. Congregate Sites must conduct workplace specific evaluations identifying COVID 19 hazards.
2. Congregate Sites must submit a plan for screening employees for and responding to employees with COVID 19 symptoms,
3, Congregate Sites must evaluate employees' potential workplace exposures to all persons at, or who may enter, the meal site.
4. Congregate Sites must ensure that COVID 19 risk reduction measures are in place.
5. Congregate Sites must submit a plan for the following:
a. Physical Distancing
b. Face Coverings
c. Cleaning and Disinfecting
d, Shared Tools, Equipment, and Personal Protective Equipment e. Hand Washing and Hand Sanitizing
f. lnvestigating and Responding to COVID 19 Cases for Staff, Volunteers, Participants and Public
g. Training on COVID 19 Policies
h, Reporting, Recordkeeping, and lnvestigation of COVID 19 Cases i. Liability Waivers
Addendum to American Rescue Plan Grant Award
Contract No. 22-01 91ARP
Addendum Page 1 Rev. January 2022
45 FRESNO.MADERA AREA AGENCY ON AGING
AMERICAN RESCUE PLAN (ARP) ACT GRANT AWARD
TERMS AND CONDITIONS DECLARATION
Activities under this award shall be carried out in accordance with Title lll and Title Vll of the Older Americans Act of 1965, as amended (United States Code Title 42, Section 3001); the program regulations and policy directives relating thereto; federaland State laws; and the California Welfare and lnstitutions Code, Sections 9000-9023, all of which are, or may be, operative during the term of this sub-grant award. This Agreement incorporates the terms and conditions which support an award of American Rescue Plan Act (ARP) Funding.
DEFINITIONS AND RESOLUTIONS OF LANGUAGE CONFLICTS
"Agency on Aging" sld "p[!lArM" means the Fresno-Madera Area Agency on Aging interchangeably.
"Agreement" or "Contract" shall mean the Fresno-Madera Area Agency on Aging ARP Agreement; ARP Grant Award Terms and Conditions Declaration (Articles I through XX); Appendices; Program Exhibits; Budget Display; Attachments; Amendments; and any other documents incorporated by reference, unless otherwise provided in this Article. "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 5200.4 and 45 CFR 575.2) D, "Contractor" or "Service Provider" means the legal entity awarded funds under this Agreement and which is accountable to the Agency on Aging, the State, and/or federal government for use of these funds and which is responsible for executing the provisions for services provided under this Agreement.
E. "CCR'means California Code of Regulations.
F. 'CFR" means Code of Federal Regulations.
G. "Disallowed costs" means those charges determined to be unallowable, in accordance with the applicable Federal statutes, regulations, or the terms and conditions of the Federal award. (2 CFR 5200.31 and 45 CFR S75.2) ARTICLE I.
A,
B-
c,
3Terms and Conditions Declaration Rev. January 2022
46 H "ln-Kind Contributions" means the value of non-cash contributions donated to support the project or program (e.9. property, service, etc.). "Matching Contributions" means local cash and/or in-kind contributions made by the Contractor, a subcontractor, or other local resources that qualify as match for the contract funding.
J. u94fi" means Older Americans Act.
K. UOMB" means the federal Office of Management and Budget.
L "Program lncome" means revenue generated by an Area Agency on Aging or Contractor from contract-supported activities. Program lncome is:
1. Voluntary contributions received from a participant or responsible party for services received.
2. lncome 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.
'PSA 14" means the State Planning and Service Area comprised of Fresno and Madera Counties.
"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 5200.84 and 45 CFR 575.2),
"Recoverable cost" means the state and federal share of the questioned cost.
"Reimbursable item" also means "allowable cost" and "compensable item." O. "State" and "Department" means the State of California and the California Department of Aging (CDA) interchangeably.
R. "subcontract" means any form of legal agreement between the Contractor M.
N"
o
P
4Terms and Conditions Declaration Rev. January 2022
47 and the Subcontractor, including an agreement that the Contractor considers a contract, including vendor type Agreements for providing goods or services under this Agreement.
"Subcontractor" means the legal entity that receives funds from the Contractor to carry out part of a federal award identified in this Agreement.
"USC'means United States Code.
As used throughout this Agreement, the term "shall" is mandatory; the term "may" is permissive.
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:
The Older Americans Act of 1965 and Amendments of 2016 (OAA as amended) and other applicable federal statutes and their implementing regulations.
lf applicable, the Older Californians Act and other California State codes and regulations.
Program memos and other guidance issued by the California Department of Aging including those specific to ARP funding.
ARTICLE II. AGREEIVIENT
A. Allelements of this Agreement, as defined in Article l, 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.
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. lf 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.
A copy of this Agreement is on file and available for inspection at the Fresno-Madera Agency on Aging, 2520 West Shaw Lane, Suite 101A, Fresno, California, 93711.
ARTICLE III. TERM OF AGREEMENT
A. This Agreement is of no force or effect until signed by both parties hereto S
T
U
V
1 2
3 B
c
5Terms and Conditions Declaration Rev. January 2022
48 and approved by the Agency on Aging, The Contractor may not commence performance untilsuch approval has been obtained, or until a signed Letter of Authority has been provided by the Agency on Aging.
The term of this Agreement will be dependent on date of execution by the Agency on Agency, but will commence no later than January 1,2023 and end no later than June 30, 2024 at which time the Agreement expires, subject however, to earlier termination or cancellation as herein provided.
Contract awards are limited to a one-year period; however, at the discretion of the Agency on Aging, contracts may be renegotiated up to a maximum of three additional one-year periods subject to annual renegotiation and availability of federal, State, and localfunding.
Should the Contractor or subcontractor begin work in advance of receiving notice that the Agreement is approved, and before obtaining a signed Letter of Authority from the Agency on Aging, that work may be considered as having been performed at-risk as a volunteer and may not be reimbursed or compensated.
ARTICLE IV. REASONABLENESS OF GOMPENSATION
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. AqreementAuthorization
1. lf 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. lf 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
B
c
6Terms and Conditions Declaration Rev. January 2022
49 1. The Contractor shall be a public entity, private nonprofit entity, or Joint Powers Authority (JPA). lf 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 s73621
2. The Contractor shall ensure that any subcontractors providing services under this Agreement shall be of sound financial status.
Any subcontracting private entity or JPA shall be in good standing with the Secretary of State of California and shall maintain that status throughout the term of the Agreement.
3. Failure to maintain good standing by the contracting entity shall result in suspension or termination of this Agreement with the Agency on Aging untilsatisfactory 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.
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.
ln 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.Responsibilitv 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 5 6
7Terms and Conditions Declaration Rev. January 2022
50 covered transactions by any federal department or agency [45 CFR 592.35]
b. Have not, within a three-year period preceding this Agreement, been convicted of, or had a civiljudgment 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 othenrise 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) terrninated for cause or default.
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 Su bcontractor's deba rme nUsuspen sion 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.
Law, Policv and Proc_edure. Licenses. and Certificates
The Contractor agrees to administer this Agreement and require any subcontractors to administer their subcontracts in accordance with this Agreement, and with allapplicable 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 2 D
ITerms and Conditions Declaration Rev, January 2022
51 all licenses, permits, notices, and certificates that are required by law Provision of Services. Staffing, arg 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. lnadequate 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 XVll, Termination.
2. The Contractor shall make every effort to meet the goals and objectives stipulated in this Agreement. Performance shall not be unilaterally reduced or otherwise changed without prior consultation with, and written approval of, the Agency on Aging.
3. The contractor agrees that the performance of work and services pursuant to the requirements of this Agreement shall conform to accepted professional standards.
4" The Contractor shall maintain adequate staff to meet the Contractor's obligations under this Agreement.
5. The Contractor shall make staff available to the California Department of Aging and the Agency on Aging for training and meetings, which the California Department of Aging or the Agency on Aging may find necessary from time to time.
Payroll Taxes and Deductions
The Contractor shall promptly fonruard payrolltaxes, insurances, and contributions, including State Disability lnsurance, Unemployment lnsurance, old Age survivors Disability lnsurance, and federal and state income taxes withheld, to designated governmental agencies as required by law.
Nondiscrimination
The Contractor shall comply with allfederalstatutes relating to nondiscrimination. These include those statutes and laws contained in the Contractor Certification Clauses (Appendix B), which are hereby incorporated by reference. ln addition, contractor shall ensure compliance with the following:
1. Equal Access to Federally-Funded Benefits, Programs, and Activities
E
F
G
ITerms and Conditlons Declaration Rev. January 2022
52 Contractor shall ensure compliance with Title Vl of the Civil Rights Act of 1964 (42 USC S2000d; 45 CFR S80), which prohibits recipients of federal financial assistance from discriminating against persons based on race, color, religion, or nationalorigin.
EqualAccess to State-Funded Benefits, Programs, and Activities Contractor shall, unless exempted, ensure compliance with the requirements of California Government Code S11135 et seq., and 22 CCR 511 140 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 598323]
California Civil Rights Laws (Public Contract Code 52010) a. For contracts of $100,00 or more, executed or renewed after January 1,2A17, the Contractor certifles compliance with the Unruh Civil Rights Act (Section 501 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the
Government Code).
b. For contracts of $100,000 or more, executed or renewed after January 1,2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).
4. Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. [42 USC 512101 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.
lnformation lnteoritv and Security
1. lnformation Assets
2 3
H
Terms and Conditions Declaration 10 Rev. January 2022
53 The contractor, and its subcontractorsAlendors, shail have in prace operational policies, procedures, and practices to protect Agency on Aging information assets, including those assets used to store or access Personal Health lnformation (PHl), Personal lnformation (pl) and any information protected under the Health lnsurance Portability and Accountability Act (HIPAA), (i.e., public, confidential, sensitive andlor personal identifying information) herein referred to as Personal, sensitive and confidential lnformation (pscl) as specified in the State Administrative Manual, 5300 to 5365.3; Cal. Gov. Code S11019.9, DGS Management Merno 06-12; DOF Budget Letter 06- 34; CDA Program Memorandum 07-18, Protection of Information Assets; and the Statewide Health lnformation Policy Manual. lnformation assets include, but are not limited to:
a. lnformation collected and/or accessed in the administration of Agency on Aging programs and services,
b. lnformation Assets may be in hard copy or erectronic format and may include, but are not limited to:
1) Reports;
2) Notes;
3) Forms;
4) Computers, laptops, cellphones, printers, scanners;
5) Networks (LAN, WAN, WlFl), servers, switches, routers; 6) Storage media, hard drives, flash drives, cloud storage; 7) Data, applications, databases.
2. Encryption of Computing Devices
The contractor, and its subcontractorsA/endors, are required to use 128-Bit encryption for PSCI data that is collected and stored on ail computing devices (including but not limited to, workstations, servers, laptops, personal digital assistants, notebook computers and backup media) and/or portable electronic storage media (including but not limited to, discs, thumb/flash drives, portable hard drives, and backup media).
a. Use of portable electronic storage media (including, but not limited to jump drives, thumb drives, and flash drives; portable Terms and Conditions Declaration 11 Rev. January 2022
54 hard drives; and CDs, DVDs, and other discs) is not allowed under this Agreement.
3. Disclosure
a. The Contractor, and its SubcontractorsA/endors, shall ensure that all PSCI is protected from inappropriate or unauthorized access or disclosure in accordance with applicable laws, regulations, and State and Agency on Aging policies. The requirement to protect information shall remain in force until superseded by laws, regulations, and State and Agency on Aging policies.
b. The Contractor, and its SubcontractorsA/endors, shall protect from unauthorized disclosure, PSCI such as names and other identifying information concerning persons receiving services pursuant to this Agreement, except for statistical information not identifying any participant.
c. "Personal ldentifying lnformation" shall include, but not be limited to: Name; identitying number; social security number; State driver's license or State identification number; financial account numbers; and symbol or other identiffing characteristic assigned to the individual, such as finger or voice print or a photograph.
d. The Contractor, and its SubcontractorsA/endors, shall not use PSCI above for any purpose other than carrying out the
Contractor's obligations under this Agreement. The Contractor and its Subcontractors are authorized to disclose and access identifying information for this purpose as required by the Older Americans Act.
e. The Contractor, and its SubcontractorsA/endors, shall not, except as otherwise specifically authorized by law or required by this Agreement or court order, disclose any identifiying information obtained under the terms of this Agreement to anyone other than the Agency on Aging without prior written authorization from the Agency on Aging. The Contractor may be authorized, in writing, by a participant to disclose identifying information specific to the authorizing participant.
f. The Contractor, and its SubcontractorsA/endors, may allow a participant to authorize the release of information to specific entities, but shall not request or encourage any participant to give a blanket authorization or sign a blank release, nor shallthe Terms and Conditions Declaration 12 Rev, January 2022
55 Contractor accept such blanket authorization from any participant,
4. Privacy and lnformation Security Awareness Training
a. The Contractor's employees, SubcontractorsA/endors, and volunteers handling PSCI must complete the required privacy and lnformation security Awareness Training module available on the cDA web site under Providers and Partners, lnformation Security and Privacy, at the following URL:
https :llwww. ag ing.ca. gov/l nformation_security
b. Privacy and lnformation Security Awareness Training must be completed within thirty (30) days of the start date of the ContracUAgreement; within thirty (30) days of the start date of any new employee, Subcontractor, Vendor, or volunteer's employment; and annually thereafter.
c. The Contractor must maintain certificates of completion on file and provide them to the Agency on Aging and the California Department of Aging upon request.
5. Health lnsurance Portability and Accountability Act (HIPM) The Contractor agrees to comply with the privacy and security requirements of the Health lnsurance Portability and Accountability Act (HIPAA) and ensure that Subcontractors/ Vendors comply with the privacy and security requirements of HIPAA.
6. lnformation lntegrity and Security Statement
The Contractor shall sign and return to the Agency on Aging the lnformation lntegity and Security Statement (Appendix C of this agreement), which is hereby incorporated by reference, and shall comply with all statutes and laws contained in the statement. This is to ensure that the Contractor is aware of, and agrees to comply with, their obligations to protect CDA and Agency on Aging information assets, including PSCI, from unauthorized access and disclosure.
7. Security lncident Reporting
A security incident occurs when CDA and/or Agency on Aging information assets are or reasonably believed to have been accessed, modified, destroyed, or disclosed without proper authorization, or are lost or stolen. The Contractor and its SubcontractorsA/endors must report all security incidents to the Terms and Conditions Declaration 13 Rev. January 2022
56 Agency on Aging immediately upon detection. A Security lncident Report form (CDA 1025) must be submitted to the CDA lnformation Security Officer, via the Agency on Aging, within five (5) business days of the date the incident was detected. The Security lncident Report form (CDA 1025) is available on the CDA Web site at the following URL:
https :/lwww. aging. ca.govll nformation_secu rity
Security Breach Notifications
Notice must be given by the Contractor, and/or its Subcontractors/ Vendors, to anyone whose PSCI could have been breached in accordance with HIPAA, the lnformation Practices Act of 1977, and State policy.
L Software Maintenance
The Contractor shall apply security patches and upgrades and keep anti-virus software up-to-date on allsystems on which State andlor Agency on Aging data may be used.
10. Electronic Backups
The Contractor, and its SubcontractorsA/endors, shall ensure that all electronic information is protected by performing regular backups of automated files and databases, and ensure the availability of information assets for continued business. The Contractor, and its SubcontractorsA/endors, shall ensure that all data, files, and backup files are encrypted.
11. Provisions of lnformation lntegrity and Security
The provisions contained in Article V, Section H, lnformation Integrity and Security, shall be included in all contracts of both the Contractor and its SubcontractorsA/endors.
l. Copyrightg
lf any material funded by this Agreement is subject to copyright, the State reserves the right to copyright such material and the Contractor agrees not to copyright such material, except as set forth in Section J of this Article.
The Contractor may request permission to copyright material by writing to the Executive Director of the Agency on Aging, The Executive Director shall fonryard such request to the State and shall I
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Terms and Conditions Declaration 14 Rev. January 2022
57 3
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relay the State's response to the Contractor within sixty (60) days from the date of receipt of the State's decision.
lf the material is copyrighted with the consent of the State, the State reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, prepare derivative works, publish, distribute and use such materials, in whole or in part, and to authorize others to do so, provided written credit is given the author.
The Contractor certifies that it has appropriate systems and controls in place to ensure that funds provided under this Agreement will not be used in the performance of this Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.
J. Rishts in Data
2 The Contractor shall not publish or transfer any materials, as defined in Section J.2 of this Article, produced or resulting from activities supported by this Agreement without the express written consent of the Executive Director of the Agency on Aging. That consent shall be given or the reasons for denial shall be given and any conditions under which it is given or denied within thirty (30) days after the written request is received by the Agency on Aging. The Agency on Aging may request a copy of the material for review prior to approval of the request. This subsection is not intended to prohibit the Contractor from sharing identifying client information authorized by the participant or summary program information that is not client- specific.
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 terrn does not include financial reports, cost analyses, and similar information incidental to contract administration.
Subject only to the provisions of Article V, Section H, lnformation lntegity and Security, and Article V, Section l, Copyrighfs, 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.
3 Terms and Gonditions Declaration 15 Rev. January 2O22 58 Materials published or transferred by the Contractor and financed with funds under this Agreement shall: (a) state "The materials or product were a result of a project funded by an Agreement with the Fresno-Madera Area Agency on Aging and the California
Department of Aging;" (b) give the name of the entity, the address, and telephone number at which the supporting data is available; and (c) include the following statement: "The conclusions and opinions expressed may not be those of the Agency on Aging and/or the California Department of Aging and this publication may not be based upon or inclusive of all raw data."
5. The Contractor agrees to acknowledge the receipt of allfunding support from the Agency on Aging in news releases (radio, television, and newspaper); printed materials such as brochures, pamphlets, newsletters; the Contractor's Web site; and any other printed documents. Such acknowledgement shall make accurate reference to the service for which funding is provided, in whole or in part, by the Agency on Aging.
6. The Contractor shall fonryard a copy of all products and material developed in whole or in part with Agreement funds to the Agency on Aging for file.
K. Contracts in Excess of $100,000
lf all funding provided herein exceeds $100,000, the Contractor shall comply with all applicable orders or requirements issued under the following laws:
1. Clean AirAct, as amended.[42 USC 57401]
2. FederalWater Pollution ControlAct, as amended. [33 USC $1251 et seq.I
3. Environmental Protection Agency Regulations. [40 CFR S29] [Executive Order 1 17381
4. State Contract Act. [California Public Contract Code S10295 et seq.]
5. Unruh Civil Rights Act. lCalifornia Public Contract Code S2010] L. Lobbvinq Certification
The Contractor, by signing this Agreement, hereby ceftifies to the best of his or her knowledge and belief, that:
4 Terms and Conditions Declaration 16 Rev. January 2422 59 1. No federally appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement,
2. lf 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 federalAgreement, grant, loan or cooperative agreement, the Contractor shall complete and submit Standard Form LLL, Disclosure Form to Repoft 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 alltiers (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 51352. 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.
Conflict of lnterest
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 M
Terms and Conditions Declaration 17 Rev, January 2022
60 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.
Covenant Against Contingent Fees
1, The Contractor warrants that no person or selling agency has been employed or retained to solicit this Agreement. There has been no agreement to make commission payments in order to obtain this Agreement.
2. For breach or violation of this warranty, the Agency on Aging shall have the right to terminate this Agreement without liability or at its discretion to deduct from the Agreement price or consideration, or othenruise recover, the full amount of such commission, percentage, brokerage, or contingency fee.
O. Facility Construction or Repair
1. This section applies only to Title lll funds and not to other funds allocated to other Titles under the Older Americans Act.
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 5874,
40 usc s31451 [2e cFR s3];
ii) Davis-Bacon Act [40 USC 53141 et seq.] [29 CFR S5]; iii) Contract Work Hours and Safety Standards Act [40 USC 53701 et seq.l [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 [a1 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.
N
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Terms and Conditions Declaration 18 Rev. January 2022
61 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
transfe rs between constru ction a nd n on-con struction.
P. lf this Agreement includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and lnstitutions Code 511200 in accordance with California Public Contract Code 10353.
O. Grievance Process
1. The contractor must establish a written grievance process for reviewing and attempting to resolve complaints of older individuals receiving services funded by this Agreement. At a minimum, the process shall include all of the following:
a. Time frames within which a complaint will be acted upon. b. written notification to the complainant of the resurts 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.
Complaints may involve, but not be limited to, any or all of the following:
a. Amount or duration of a service.
3 Terms and Conditions Declaration 19 Rev. January 2022 62 b. Denial or discontinuance of a service
Dissatisfaction with the service being provided or with the service provider. lf the complaint involves an issup of professional conduct that is under the jurisdiction of another entity, such as the California Medical Board or the State Bar Association, the complainant shall be referred to the proper entity.
d. Failure of the service provider to comply with any of the requirements set forth in CDA regulations or in this Agreement. 4, Nothing in this Article shall be construed as prohibiting older individuals from seeking other available remedies, such as presenting their complaints at an open meeting of the Contractor's governing board.
R. Disaster Plan
The Contractor shall prepare and maintain a disaster plan that ensures provision of critical services to meet the emergency needs of consumers they are charged to serve during medical or natural disasters, such as earthquakes or floods, and make such plan available to the Agency on Aging upon request.
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.
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.
The Contractor shall complete Exhibit F, Serytbe Provider Emergency Resource lnformation, included with this agreement, and advise the Agency on Aging whenever a change to this information occurs.
Communitv Focal Pcints
The Contractor acknowledges that the Agency on Aging has designated locations as Gommunity 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. c
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Terms and Conditions Declaration 20 Rev. January 2422
63 ARTICLE VI. FUNDS
A, Expenditure of Funds
1 The Contractor shall expend allfunds received hereunder in accordance with this Agreement.
The contractor shall comply with the standards and guiderines for procurement of supplies, equipment, and services as set forth in 45 cFR 592.36,
The Contractor and its SubcontractorA/endors shall comply with California Governor's Executive Order Z-18-2O11, which bans expenditures on promotional and marketing items colloquially known as "S.W.A.G." or "Stuff We All Get."
4. TravelReimbursement
a. Any reimbursement by Contractor from funds provided under this Agreement for authorized travel and per diem shall be at rates not to exceed those paid by the State in accordance with the California Depar.tment of Human Resources (CalHR) rules and regulations.
ln State:
r Mileage/Per Diem (meals and incidentals)/Lodging
https :l/www. ca lh r. ca. govlemployees/pagesltravel-
relmbursements.aspx
Out of State:
http:llhrmanual.calhr. ca. gov/Home/Man ual lte ml 1 12201l b. This is not to be construed as limiting the Contractor from paying any differences in costs, from funds other than those provided by this Agreement, between the CaIHR rates and any rates the Contractor is obligated to pay under other contractual
agreements. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the Agency on Aging and the State. [SCM 3.17.2.A(4)]
The Agency on Aging reserves the right to refuse payment to the Contractor or later disallow costs for any expenditure, as determined by the Agency on Aging to be noncompliant with this Agreement, unrelated or inappropriate to Agreement activities, or when inadequate supporting documentation is presented, or where prior 2 3
5 Terms and Conditions Declaration 21 Rev. January 2O22 64 approvalwas required but was not requested or not granted B. Accountabilitv for Funds
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 FederalAwards. [2 CFR s2001[45 cFR s75]
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3 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.
Funds made available under this Agreement shall supplement, and not supplant, any federal, State, or localfunds expended by a State or unit of general purpose local government to provide Title lll (excluding Title lll E) and Title Vll services.
Financial Management SyEtems
The Contractor shall meet the following standards for its financial management systems, as stipulated in 2 CFR 5200.302 and 45 CFR $75.302:
4. a. FinancialReporting.
b. Accounting Records.
c. CompleteDisclosure.
d. Source Documentation.
e. lnternal Control.
f. Budgetary Control.
g. Cash Management (written procedures)
h. Allowable Costs (written procedures).
Unexnended Fundqc
Terms and Conditions Declaration 22 Rev. January 2022
65 At a date no later than January 1, 2024, the contractor sharr report to the Agency on Aging if any ARP funds will remain unexpended at the ending date of this Agreement.
The Agency on Aging shall request and receive from the contractor release of ARP funds for an amount mutually agreed upon by both parties, not to exceed the estimated amount of unexpended funds.
The Agency on Aging shall be reasonable in its request for funds and the contractor shall not unreasonably withhold permission for release of funds.
3. The Agency on Aging retains all rights to realtocate released funds into other programs, projects, or activities.
4. upon termination, cancellation, or expiration of this Agreement, or dissolution of the entity, the Contractor shall return to the Agency on Aging immediately upon written demand, any funds provided under this Agreement, which are not payable for goods or services delivered prior to the termination, cancellation, or expiration of this Agreement, or the dissolution of the entity.
D. Fundino Contingencies
1. lt is understood between the parties that this Agreement may have been wriften 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 afterthat determination was made.
2, This Agreement is valid and enforceable only if sufficient funds are made available to the State, and subsequenily to the Agency on Aging, by the United states Government or the Budget Acts of the appropriate fiscalyears for purposes of the contracted program(s). ln 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.
3. Payment for performance by the Contractor shall be dependent upon the availability of future appropriations by the Legislature or Congress for the purposes of this Agreement and approval of an itemized budget. No legal liability on the part of the State or the Agency on Aging for any payment may arise under this Contract until funds are made available; the itemized budget is approved by the State; and the Contractor has received an executed Agreement. 1 2
Terms and Conditions Declaration 23 Rev. January 2022
66 lf funding for any State or Agency on Aging fiscal year is reduced or deleted by the State, Legislature, or Congress for the purposes of this program, the Agency on Aging shall have the option to either:
a. Terminate the Agreement pursuant to Section A.1 of
Article XYll, Termination, of this Agreement; or
b. Offer a contract amendment to the Contractor to reflect the reduced funding for this Agreement.
5. The Agency on Aging reserves the right to increase andlor decrease funds available under this Agreement to reflect any restrictions, limitations, or conditions.
ARTICLE VII. BUDGET AND BUDGET REVISION
A. The Contractor shall be reimbursed for expenses only as itemized in the approved budget with the exception of line item budget transfers as noted in Section E of this Article and shall not be entitled to reimbursement for these expenses untilthis Agreement is approved and executed by the Agency on Aging. The approved Contractor's budget is hereby incorporated by reference into this Agreement as a part of Exhibit B.
B. The final date to submit a budget revision to the Agency on Aging for this Agreement will be determined by the Agency on Aging's Director of Finance.
C. lndirect Costg
The maximum reimbursement amount allowable for indirect costs is ten percent (10%) of the Contractor's Modified Total Direct Costs (MTDC), excluding in-kind contributions and nonexpendable equipment unless there is an accepted negotiated rate accepted by all Federal awarding agencies [2 CFR 200.41a@)(1),(01 [45 CFR 75,aM@l(1),(01.
Contractors requesting reimbursement for indirect costs shall retain on file an approved indirect cost rate accepted by allfederal awarding agencies or an allocation plan documenting the methodology used to determine the indirect costs.
lndirect costs exceeding the ten percent (10%) maximum may be budgeted as in-kind for purposes of meeting matching requirements in Title lll and Title Vll 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.
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3 Terms and Conditions Declaration 24 Rev. January 2A22 67 For major lnstitutes 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 otfice, accounting, personnel and all other types of expenditures not listed specifically under one of the subcategories of "Facilities" (including cross allocations from other pools, where applicable). [2 CFR 20A.414(a)] t4b CFR S75.a1a(a)l Prooram Specific Funds
1. Program lncome
a. Program lncome must be reported and expended under the same terms and conditions as the program funds from which it is generated.
b. Program lncome must be used to pay for current ailowable costs of the program in the same fiscal year that the income was earned (except as noted in Section D.1.d of this Article). c. Program lncome must be spent before contract funds (except as noted in Section D.1.d of this Article) and may reduce the total amount of contract funds payable to the Contractor. d. Program lncome may not be used to meet the matching
requirements of this Agreement.
e. Program lncome must be used to expand baseline services. f - lf as a result of advanced funds, the project earns interest on funds awarded by the Agency on Aging, that interest shall be identified as income to the program and used for program expenditures, with full documentation on file for all programs.
E. Line ltem Budget Transfers
The Contractor may transfer Agreement funds between line items under the following terms and conditions:
1. The contractor shall obtain prior approvar from the Agency on Aging for any line item transfer of funds that exceeds ten percent (10%) oi 4 D
Terms and Conditions Declaration 25 Rev, January 2022
68 the total budget for each funding source, and submit a revised budget to the Agency on Aging.
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 Contributiqnq
1. "Matching Contributions" is defined in Article l, Section H Cash and/or in-kind contributions may count as match, if such contributions are used to meet program requirements.
b. Any matching contributions (cash or in-kind) must be verifiable from the records of the Contractor or subcontractor.
c, Matching contributions must be used for allowable costs in accordance with the Office of Management and Budget cost principles.
Minimum matching contributions for ARP grants awarded by the Fresno-Madera Area Agency on Aging is 100%.
3. Minimum matching requirements are calculated on net costs, which are total costs less program income, non-matching contributions, and State funds.
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 AppendixE, Required Reports and Due Dafes, by the 15n 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 Repods and Due Dafes, of this Agreernent, The 2 F
a
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Terms and Conditions Declaration 26 Rev. January 2022
69 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, Sancfion 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 XVll, Termination.
F, The Agency on Aging may require financial reports more frequently than indicated in Section A of this Article or more detail (or both), upon written notice to the Contractor, until such time as the Agency on Aging determines that the financial management standards are met.
G. Closeout
Contractor is required to submit the Financial Closeout Reportfor this Agreement and Fixed Assefs Acquired through Grants with the Fresno-Madera Area Agency on Aging (FMnnn 32) to the Agency on Aging at a date to be announced by the Agency on Aging's Director of Finance. lf Agreement is terminated or cancelled prior to the determined end date, the Financial Closeout Report and FMMA 32 shall be submitted to the Agency on Aging within fifteen (15) days of termination or cancellation of the Agreement.
Federalfunds will be reduced proportionately to maintain the required matching ratios if a Contractor fails to report sufficient match.
ARTICLE IX. SUBCONTRACTS
A. The contractor must obtain approval from the Agency on Aging prior to awarding any subcontracts for services contracted in this Agreement.
B. The Contractor shall not obligate funds for this Agreement in any subcontracts for service beyond the ending date of this Agreement.
C. The Contractor shall have no authority to contract for, or on behalf of, or incur obligations on behalf of the State of California or the Agency on Aging.
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Terms and Conditions Declaration 27 Rev, January 2022
70 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.
The Contractor shall require its subcontractors under this Agreement, other than units of local government which are similarly self-insured, to rnaintain 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 lnsurance 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 lnsurance for all of its subcontractors.
G. The Contractor shall require language in all subcontracts to require all subcontractors to indemnify, defend, and save harmless the Agency on Aging, its officers, agents, and employees from any and all claims and losses accruing to or resulting from any contractors, subcontractors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with any activities performed for which funds from this Agreement were used and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the subcontracto(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.
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. lf a private non-profit corporation, the subcontractor shall be in good standing with the Secretary of State of California and shall maintain that status throughout the term of the Agreement.
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Terms and Conditions Declaration 28 Rev. JanuarV 2O22
71 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 lhe Financial Closeout Report to the audited financial statements, and a summary worksheet identifiying the results of performing audit resolution of its subcontractors in accordance with Article XlV, Audit Requiremenfs, of this Agreement.
This includes the following: Letters of agreement, insurance documentation, Memorandums and/or Letters of Understanding, patient or client records, and electronic files of its activities and expenditures hereunder in a form satisfactory to the Agency on Aging. All records pertaining this Agreement must be made available for inspection and audit by the Agency on Aging or its duly authorized agents, at any time during normal business hours.
2. All such records, including confidential records, must be maintained and made available by the Contractor as follows:
a. Until an audit has occurred and an audit resolution has been issued or unless othenuise authorized in writing by the Agency on Aging or the California Department of Aging's Audit Branch; b. For such longer period, if any, as is required by applicable statute, by any other clause of this Agreement, or by Sections 3 and 4 of this Article; and
c. For such longer period as the Agency on Aging or the State deems necessary.
3. lf 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" ln the event of any litigation, claim, negotiation, audit exception, or other action involving the records, such records shall be rnaintained and kept available until every action has been cleared to the Terms and Conditions Declaration 29 Rev. January2022
72 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. lf the allowability of expenditures cannot be determined because records or
documentation of the Contractor are nonexistent or inadequate according to guidelines set forth in 2 CFR $200.302 and 45 CFR 575.302, the expenditures will be questioned in the audit and may be disallowed by the Agency on Aging or the State during the audit resolution process.
After the authorized period has expired, confidential records shall be destroyed by shredding and disposed of in a manner that will mainta in confidentiality.
B, Reports
The Contractor shall prepare and submit fiscal and performance reports as designated in Appendix E, Required Reports and Due Dafes. Reports shall be submitted on forms in a format approved by the Agency on Aging.
The Contractor shall assure that allfiscal and program data submitted to the Agency on Aging are timely, complete, accurate, and verifiable.
lf supporting documentation is required as stated in Article XlY, Audit Requiremenfs, all such documentation must accompany the monthly expenditure report.
4. All Program lncome received by the Contractor shall be included on the monthly expenditure report, and expenditures supported by Program lncome shall be stated in the appropriate column. Program Income shall be tracked on a "first in-first out" method. Unspent Program lncome shall not exceed the equivalent of thirty (30) days average Program lncome.
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.
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Terms and Conditions Declaration 30 Rev. January 2A22
73 ARTICLE XI. PROPERTY
Unless othenryise provided for in this Article, propefi refers to all assets used in operation of this Agreement. Property includes land, buildings, improvements, mach inery, vehicles, furniture, tools, intan g ibles, etc.
Property does not include consumable office supplies such as paper, pencils, toner cartridges, file folders, etc.
Property acquired under this Agreement, which meets any of the following criteria, is subject to the reporting requirements:
1. Has a normal useful life of at least one (1) year and has a unit acquisition cost of at least $500 (a desktop or laptop setup is considered a unit, if purchased as a unit).
2. All computing devices, regardless of cost (including, but not limited to, workstations, servers, laptops, personal digital assistants, notebook computers, tablets, smartphones, and cellphones). a. Purchase and use of portable electronic storage media (including, but not limited to jump drives, thumb drives, and flash drives; portable hard drives; and CDs, DVDs, and other discs) is not allowed under this Agreement.
lntangibles are properly 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.9., computer printer, terminal, etc.).
Gosts include all amounts incurred to acquire and to ready the intangible asset for its intended use. Typical intangible property costs include the purchase price, legalfees, and other costs incurred to obtain title to the asset.
D. EquipmenUProperty with per unit cost of $500 or more requires justification and approvalfrom the california Department of Aging. The Contractor must submit a detailed listing of planned EquipmenUProperty purchases in its budget to the Agency on Aging (Schedule of Program/Site Supplies and Equipment Purchases, page 4 of Exhibit B, Budget).
E. The Contractor shall report property acquired with funds provided under this Agreement to the Agency on Aging on the Monthly Report of Expenditures and Voluntary Contributions Revenue for the month in which the property was acquired.
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Terms and Conditions Declaration 31 Rev. January 2O22
74 F. The Contractor shall attach receipts for the property and a list of the following information for each item of property acquired: Date acquired; complete description; model number; serial number (if applicable); cost or other basis of valuation; fund source; and specific location of the property.
G. The Contractor shall maintain a cumulative inventory, including the Asset Tag number and all information required by Section F of this Article, of all property furnished or purchased by the Contractor with funds awarded under the terms of this Agreement or any predecessor agreement for the same purpose.
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.
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 Assefs Acquired through Grants with the Fresno-Madera Area Agency on Aging (FMAM 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.
Prior to disposal of any property purchased by the Contractor with funds from this Agreement or any predecessor Agreement, the Contractor must obtain approval from the California Department of Aging, through the Agency on Aging, for all reportable property as defined in Section B of this Article. The Contractor shall submita Requesf fo Dispose of Property (FMnnn 248) lo the Agency on Aging to request disposal of propefty.
Disposition, which includes sale, trade-in, discarding, or transfer to another agency, may not occur until approval is provided by the California Department of Aging and the Agency on Aging notifies the Contractor of the State's instructions for disposition of property.
Once property has been disposed as per the State's authorization and instructions, the item(s) shall be removed from the Contractor's inventory report.
K. The Contractor must sanitize property (remove all confidential, sensitive, or personal information) prior to disposal, including removal or destruction of data on computing devices with digital memory and storage capacity.
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Terms and Conditions Declaration 32 Rev. January 2022
75 This includes, but is not limited to, magnetic tapes, personalcomputers, personal digital assistants, cell or smart phones, multi-function printers, and laptops. The Contractor must attach documentation of sanitation of such devices to the Request fo Dispose of property (FMAAA 24S) 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. ln addition, the Contractor shall complete a Request to Dispose of Property (FMnnn 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 othennrise required by federal law or regulations, N, The Contractor shall exercise due care in the use, maintenance, protection, and preservation of such property during the period of the project, and shall assume responsibility for replacement or repair of such personal property during the period of the project and until the Contractor has complied with all written instructions from the Agency on Aging regarding the final disposition of the property.
O. ln the event of the Contractor's dissolution, or upon termination of this Agreement, the Contractor shall provide a final property inventory to the Agency on Aging. The Agency on Aging reserves the right to require the Contractor to transfer such property to another entity, or to the Agency on Aging.
P. The Contractor shall use the property for the purpose for which it was intended under this Agreement.
O. The Contractor shall not use equipment or supplies acquired under this Agreement with federal and/or State monies for personal gain or to usurp the competitive advantage of a privately-owned business entity.
R. The Contractor shall include the provisions contained in this Article in all its subcontracts awarded under this Agreement.
ARTICLE XII. ACCESS
A. The Contractor shall provide access to the Agency on Aging, federal or State contracting agency, Bureau of State Audits, the Comptroller General of the United States, or any of their duly authorized federal or Terms and Conditions Declaration 33 Rev. January 2O22
76 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
Authorized State representatives and the Agency on Aging shall have the right to monitor and evaluate the Contractor's administrative, fiscal and program performance pursuant to this Agreement. Said monitoring and evaluation may include, but is not limited to, administrative processes, fiscal, data and procurement components. This will include policies, procedures, procurement, audits, inspections of project premises, interviews of project staff and participants, and when applicable, inspection of food preparation sites.
B. The Contractor shall cooperate with the State and the Agency on Aging in the monitoring and evaluation processes, which include making any administrative, program and fiscal staff available during any scheduled process.
c The Contractor shall monitor contracts and subcontracts to ensure compliance with laws, regulations, and the provisions of contracts that may have a direct and/or material effect on each of its Agency on Aging funded programs.
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 othenryise authorized in writing by CDA or the Agency on Aging.
ARTICLE XIV. AUDIT REQUIREMENTS
A. General
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. ln the event that CDA is informed of an audit by an outside federal or State government entity A.
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1 Terms and Conditions Declaration 34 Rev. January 2022 77 affecting the Contractor, CDA and/or the Agency on Aging will provide timely notice to the Contractor.
2. Contractor shall make available all reasonable information necessary to substantiate that expenditures under this agreement are allowable and allocable, including, but not limited to books, documents, papers, and records. Contractor shall agree to make such information available to the federal government, the State, the Agency on Aging, or any of their duly authorized representatives, including representatives of the entity selected by State to perform inspections, for examination, copying, or mechanical reproduction, on or off the premises of the appropriate entity upon a rbasonable request.
3. All agreements entered into by Contractor and subcontractors with audit firms for purposes of conducting independent audits under this Agreement shall contain a clause permitting any duly authorized representative of the federal or State government and the Agency on Aging access to the supporting documentation of said audit firm(s).
4. The Contractor shall cooperate with and participate in any further audits which may be required by the State, including CDA and Agency on Aging fiscal and compliance audits.
B. CDA Fiscal and Compliance Audits
1. The CDA Audits Branch shall perform fiscal and compliance audits of Contractors in accordance with Generally Accepted Government Auditing Standards (GAGAS) to ensure compliance with applicable laws, regulations, grants, and contract requirements.
2. The CDA fiscal and compliance audits may include, but not be limited to, a review of:
a. Financial closeouts (2 CFR S200.16 and 45 CFR S7S.2). b. lnternal controls (2 CFR 5200.303 and 45 CFR S75.303). c. Allocation of expenditures (2 CFR 5200.4 and 45 CFR 575.2) d. Allowability of expenditures (2 CFR 5200.403 and 45 CFR s75.403).
e. Equipment expenditures and approvals, if required (2 CFR 5200.439 and 45 CFR 575.439).
Contractor Single Audit Reporting Requirementsc
Terms and Conditions Declaration 35 Rev. January 2022
78 Contractors that expend $750,000 or more in federalfunds 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 5200.501 to 200.521; and 45 CFR 575.501 1o75.521. A copy shall be submitted to the Agency on Ag ing's mailing address:
Fresno-Madera Area Agency on Aging
2037 West Bullard Avenue #512
Fresno, California 937 1 1
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.
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.
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, identiffing Agency on Aging
granUcontract number, and as passed-through the California Department of Aging.
The Contractor shall perform a reconciliation of the "Financial Closeout Report" to the audited financial statements, single audit, and general ledgers. The reconciliation shall be maintained and made available for CDA review.
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."
The Contractor shallensure that subcontractor single audit reports meet 2 CFR $200 and 45 CFR $75, Subparts F-Audit Requirements. 1 2
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Terms and Conditions Declaration 36 Rev. January 2422
79 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 5200.501-200.521 and 45 CFR 575.501-
75.521.
2. lssuing 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.9., risk assessment [2 CFR 5200.331 and 45 CFR S75,352J; documented review of financiat statements; and doeumented expense verification, including match; etc.).
When alternative procedures are used, the Contractor shall perform financial management system testing which provides, in part, for the following:
Accurate, current, and complete disclosure of the financial results of each federal award or program.
Records that identify adequately the source and application of funds for each federally funded activity.
Etfective control over, and accountability for, allfunds, property, and other assets to ensure these items are used solely for authorized purposes.
Comparison of expenditures with budget amounts for each federal award.
Written procedures to implement the requirements of 2 CFR 5200.305 and 45 CFR 575.305.
Written procedures for determining the allowability of costs in accordance with 2 CFR $200 and 45 CFR $75, Subparts E-Cost Principles. [2 CFR 5200.302 and 45 CFR S75.302]
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Terms and Conditions Declaration 37 Rev. January 2022
80 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.
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 5200,512 and 45 CFR 575.512I
2. Properly procured: Use procurement standards for auditor selection. [2 CFR 5200.509 and 45 cFR 575.509]
3. Performed in accordance with Generally Accepted Government Auditing Standards. [2 CFR 5200.514 and 45 CFR S75,514] 5 All inclusive: lncludes 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 5200.51s and 45 CFR 575,5151
Performed in accordance with provisions applicable to this program as identifiedin2 CFR 5200, and 45 CFR S75, Subpart F-Audit Requirements.
J. Requirements identified in this Article shall be included in Contractor's contracts with Subcontractors. Further, the Contractor shall be required to include in its contract with the independent auditor that the auditor will comply with all applicable audit requirements/standards.
K. A reasonably proportionate share of the costs of audits required by, and performed in accordance with the Single Audit Act Amendments of 1996, as implemented by requirements of this part, are allowable. However, the following audit costs are unallowable:
1. Any costs when audits required by the Single Audit Act, 2 CFR $200 and 45 CFR $75, Subparts F -Audit Requirements have not been conducted or have been conducted but not in accordance therewith; and 7 4
Terms and Conditions Declaration 38 Rev, JanuarV 2O22
81 2. Any costs of auditing a non-federal entity that is exempted from having an audit conducted under the Single Audit Ad,2 CFR 9200 and 45 CFR $75, Subparts F - Audit Requirements because its expenditures under federal awards are less than 9750,000 during the non-federal entity's fiscal year.
a. The cosb 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 poolfor a cost allocation plan or indirect cost proposal. b. Pass{hrough 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 5200 and 45 CFR S75, Subparts F -Audit Requirements. This cost is allowable only if the agreed- upon-procedures engagements are conducted in accordance with Generally Accepted Government Auditing Standards
(GAGAS) attestation standards, paid for and arranged by the pass-through entity, and limited in scope to one or more of the following types of compliance requirements: Activities allowed or not allowed; allowable costslcost principles; eligibility; and reporting.
L. The Administration for Community Living has not provided a CFDA number for ARP funding under this agreement. The Agency on Aging Director of Finance will provide this information when received.
M. The Contractor shall indicate which method of providing audit compliance will be in force during this Agreement (Appendix D, Method of Providing Audit Compliancel.
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).
The insurance will be obtained from an insurance company acceptable to the State Department of General Services, Office of Risk and lnsurance Management, or be provided through partial or total self-insurance acceptable to the Department of General Services.
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Terms and Conditions Declaration 39 Rev. January 2022
82 Evidence of insurance shall be in a form and content acceptable to the State Department of General Services, Office of Risk and lnsurance Management.
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.
lnsurance 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 mailing address (2037 West Bullard Avenue, #512, Fresno, CA 9371 1) must be listed on the certificate.
F. The insurance provided herein shall be in effect at alltimes during the term of this Agreement. ln 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 lnsurance 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. ln 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 lnsurance, 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 Labor Code and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. [Labor Code 537001
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Terms and Conditions Declaration 40 Rev. January 2022
83 l. Contractor agrees to indemnifiT, defend, and save harmless the Fresno- Madera Area Agency on Aging, State of California, their officers, agents, and employees from any and allclaims and losses occurring or resulting to any and all Contractors, subcontractors, material, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement, and also from any and all claims and losses occurring or resulting in any person, firm or corporation, who may be injured or damaged by Contractor in the performance of this Agreement.
ARTICLE XVI. VOLUNTARY CONTRIBUTIONS
A. The Contractor assures that voluntary contributions shall be allowed and may be solicited in accordance with the following requirements loAA $31s(b)l:
1. The Contractor or any subcontractors for any Congregate Meal Program services shall not use means tests.
2. Any Gongregate Meal Program participant who does not contribute toward the cost of the services received shall not be denied services
3. Methods used to solicit voluntary contributions for the Congregate Meal Program shall be non-coercive. Voluntary Contribution letters sent to clients shall stipulate that contributions are voluntary and not required to receive service. Voluntary Contribution letters may not resemble a bill or statement.
4. Each Service Providerwill:
a. Provide each participant with an opportunity to voluntarily contribute to the cost of the service;
b. Clearly inform each participant that there is no obligation to contribute and that the contribution is purely voluntary; c. Protect the privacy and confidentiality of each participant with respect to the recipient's contribution or lack of contribution; and d, Establish appropriate procedures to safeguard and account for all contributions.
e, Use all collected contributions to expand the services for which the contributions were given and to supplement (not supplant) funds received under this Agreement.
Terms and Conditions Declaration 41 Rev. January 2022
84 ARTICLE XVII. TERMINATION
A. Termination Without Cause
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 pafi, if the Agency on Aging determines that a termination is in the Agency on Aging's best interest, upon ninety (90) days written notice to the Contractor. The Notice of Termination shall specify the extent of the termination and shall be effective ninety (90) days from the delivery of the Notice.
The Agency on Aging may, at its discretion, decline to negotiate additional one-year Agreement periods with the Contractor beyond the initial one-year contract award term, or, as a result of the Request for Proposal process, reject the Contractor's proposal for provision of service beyond the term of this Agreement; in such cases, the Agency on Aging shall provide a minimum of thirty (30) days written notice to the Contractor of non-renewal or non-award of the contract, effective on the last day of the term of this Agreement.
The parties agree that if the termination of the contract is due to a reduction or deletion of funding by the State of California, the Legislature, or Congress, the Notice of Termination shall be effective thirty (30) days from the delivery of the Notice.
The parties agree that for the terminated portion of the Agreement; the remainder of Agreement shall be deemed to remain in effect and is not void.
2. The Contractor may terminate this Agreement at any time during the Agreement term by giving the Agency on Aging ninety (90) days written notice. ln 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.
1 Terms and Conditions Declaration 42 Rev. January 2A22 85 B. Termination for Cause
1. The Agency on Aging may terminate, in whole or in part, for cause the performance of work under this Agreement. The grounds for termination for cause shall include, but are not limited to, the following:
a. ln case of threat of life, health, or safety to the public, b, A violation of the law or failure to comply with any condition of this Agreement.
c. lnadequate performance or failure to make progress so as to endanger performance of this Agreement.
d. Failure to comply with reporting requirements.
e. Evidence that the Contractor is in an unsatisfactory financial condition as determined by an audit of the Agency on Aging or evidence of a financial condition that endangers performance of this Agreement and/or the loss of other funding sources. f . Delinquency in payment of taxes or payment of costs for performance of this Agreement in the ordinary course of business.
g. Appointment of a trustee, receiver, or liquidator for all or a substantial part of the Contractor's property, or institution of bankruptcy, reorganization or the arrangement of liquidation proceedings by or against the Contractor.
h. Service of any writ of attachment, levy of execution, or commencement of garnishment proceedings against the
Contractor's assets or income.
The commission of an act of bankruptcy.
Finding of debarment or suspension.
k. The Contractor's organizational structure has materially changed.
l. The Agency on Aging determines that the Contractor may be considered a "high risk" agency as described in 45 CFR $92.12 for localgovernment and 45 CFR S74.14 for non-profit
organizations. lf such a determination is made, the Contractor I
Terms and Conditions Declaration 43 Rev. January 2022
86 may be subject to special conditions or restrictions, as described in AppendixF, 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 shalltake 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. ln allother cases of termination for cause, the termination shall take effect thifi (30) days subsequent to written notice to the Contractor.
3. ln 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. ln 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 Seruice 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; Terminate all subcontracts to the extent they relate to the work terminated;
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Terms and Conditions Declaration 44 Rev. January 2022
87 d. Settle alloutstanding liabilities and terminatlon 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 federalfunds.
B. The contractor may appeal an adverse determination by the Agency on Aging using the Appeal Procedure for Seruice Providers, which is set forth in Appendix G, for actions subject to appeal, as defined in Appendix G, Section l-A, Actions SubT'ecf to Appeal.
C. The Contractor may appealthe Agency on Aging's final adverse determination once alladministrative remedies contained in Appendix G, Appeal Procedure for Seruice Providers, have been exhausted, using the appeal process established in Title 22CCR 57700 lo77'10.
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 vqlid unless made in writing, approved as required by the Agency on Aging amendment process, and signed by a duly authorized representative of the Contractor and of the Agency on Aging. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties.
B. Should either party during the term of this Agreement desire a revision, waiver or modification in this Agreement, such revision, waiver or modification shall be proposed in writing to the other party.The other Terms and Conditions Declaration 45 Rev. January 2A22
88 c
D
A.
B
c
party shall accept or reject the proposalwithin thirty (30) days of receipt of request. Once accepted, such revision may require an amendment through the Agency on Aging's contract process to provide for the change mutually agreed to by the parties.
The Agency on Aging reserves the right to revise, waive, or modify the Agreement to reflect any restrictions, limitations, or conditions enacted by Congress or the Legislature or as directed by the Executive Branch of State Government.
An amendment is required to change the Contractor's name as listed on this Agreement. Any notice given to the Agency on Aging for a Contractor's change of legal name, main address, or name of Director shall be addressed to the Fresno-Madera Agency on Aging's Executive Director on the Contractor's letterhead. Upon receipt of legal documentation of the name change, the Agency on Aging will process the amendment. Invoices presented by the Contractor with the Contractor's new name cannot be paid prior to the Agency on Aging's approval of said amendment.
ARTICLE XX. NOTICES
Any notice to be given hereunder by either party to the other may be effected by one of the following methods, provided Contractor retains receipt, and shall be communicated as of actual receipt: 1) Personal delivery in writing; 2) Registered or certified mail, postage prepaid and return receipt requested; or 3) Overnight mail.
Notices to the Agency on Aging shall be addressed to the Fresno-Madera Area Agency on Aging at its current mailing address, 2037 West Bullard Avenue, #512, Fresno, CA 9371 1, 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.
Each party may change its address originally provided in this Agreement by written notice to the other party in accordance with this Article.
Terms and Gonditions Declaration 46 Rev. January 2022
89 Appexorx A
ResolunoN oF AunronrzRTtoN To Corurmcr
The governing board of The Citv of Sanger _*"___
(Service Provider)
hereby authorizes Tim Cha - Citv Manaoer
(Name and Title)
to execute the contract(s) listed on Page 1 of this Agreement with the Fresno- Madera Area Agency on Aging for the time period of this contract commencing no later than January 1,2023, and ending no later than June 30,2924, including any subsequent amendments and all necessary supporting documents.
Eli Ontiveros - Mavor
Name of Ghair
Governing Board
(Piease Print)
Signature of Chair
Governing Board
Date
Resolution of
Authorization to Contract
Appendix A Rev. January 2022
90 Apperuorx B
Cournecron CsnnFtcAloN CuusEs
Cenrrrrcanou
l, 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. 94-60'0,0'425.
Co ntracto rNe ndor N a m e (Ty ped) Federal lD Number
Authorized Signature Date Executed
Tim Chana - Manaoer
Name and Title of Person Signing (Typed)
CONTRACTOR CERTIFICATION CLAUSES Source: State of Catifornia CCC 04/2017
1. STATEMENT 0F COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code $12990 (a-f)and CCR, Title 2, Seclion 11102) (Not applicable to public entities.)
2. DRUG'FREE WORKPLACE REOUIREMENTS: 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 Conkactor may be ineligible for award of any contractor certification Appendix B - Page 1 Rev. January 2o22 Clauses
91 Apperuorx B
Gonrnacron CennFrcATroN Ctluses
future State and Fresno-Madera Area Agency on Aging agreements if the department determines that any of the following has occuned: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code $B350 et seq.) 3, NATIONAL LABOR RELATIONS BOARD CERTIFICATIQN: Contractor certifies that no more than one (1) final unappealable finding of contempl of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractols failure to comply with an order of a Federal court, which orders Contractor to comply with an order of ihe National Labor Relations Board. (Pub, Contract Code $10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $5O,OOO OR MORE- PRO BONO REQUIREMENT:
Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 ol the Business and Professions Code, efiective 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 1A% 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 expalriate 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 OFCONDUCT:
a, All Contractors contracting for the procurement or laundering of apparel, garments or conesponding 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 lndustrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The conlractor agrees to cooperate fully in providing reasonable access to the contracto/s records, documents, agents or employees, or premises if reasonably required by Contractor Certifi cation
Clauses
AppendixB-Page2 Rev. January 2022
92 AppErrrolx B
CoNrRRcron C enrlncATtoN Guuses
authorized officials of the contracting agency, the Department of lndustrial Relations, or the Department of Justice to determine the conhactor's compliance with the requirements under paragraph (a),
7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor ceilifies that Conhactor is in compliance with Public Contract Code section i 0295.3.
B, GENDER lDENTlry: Fot contracts of $100,000 or more, Conhactor certifies lhat Contractor is in compliance with Public Contract Code section 10295.35.
DOING BUSINESS WTH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT 0F INTEREST: Contractor needs to be aware of the following provisions regarding curent or former state employees. lf 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 clarifi cation,
Cunent State Employees (Pub. Contract Code 910410):
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 , rgquired 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 910411):
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.
lf Contractor violates any provisions of above paragraphs, such action by Contractor shall render lhis Agreement void. (Pub. Contract Code $10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and paymenl for per diem. (Pub. Contract Code 910430 (e)) Contractor Certification
Clauses
AppendixB-Page3 Rev. January 2022
93 Apperuotx B
GourRacron C enrncATroN Cuuses
2. LAB0R CODEMORKERS'COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake seltinsurance in accordance with the provisions, and Contractor aflirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Acl (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA, {42 U.S,C. 12101 etseq.)
4. C0NTRAQTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BU$INESS 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. RES0LUTI0N: 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 0R WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be; (1) in violation of any order or resolulion not subject to review promulgated by the State Air Resources Board or an air pollution control dishict; (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
AppendixB-Page4 Rev. January 2022
94 AppeNorx C
lruroRnnRrroru lrurecRtry AND Srcunry $tereuerur
CeRnncntrolt
I hereby certify that I have reviewed this Confidentiality Statement and will comply with the Statements below.
?2-O1A1 ARP
Name (Typed) Contract Number
Authorized Signature Date
Tim Chapa - City Manager
Name and Title of Person Signing (Typed)
ln compliance with California Government Code Section 11019.9, Galifornia Civil Code Section 1798 et seg., Management Memo 06-12, and Statewide tnformation Management Manual (slMM) 5300, the california Department of Aging (cDA) hereby requires the GontractorlVendor to:
ACKNOWLEDGE:
. Any wrongful access, inspection, use, or disclosure of Personal, Confidential or Sensitive lnformation (PSCI) is a crime and is prohibited under state and federal laws, including but not limited to California Penal Code Section 502, California Government Code Section 15619, California Civil Code Sections 1798.53 and 1798.55, and the Health lnsurance Portability and Accountability Act. . Any wrongful access, inspection, use, disclosure, or modification of PSCI information may result in termination of this Agreement.
MEET THE FOLLOWNG REQUIREMENTS:
r PSCI information shall be protected from disclosure in accordance with all applicable laws, regulations, and policies.
o PSCI data be protected by authorized access using the principles of least privilege.
r Any occurrence that actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system or the information the system processes, stores, or transmits or that constitutes a violation or imminent threat of violation of security policies, security procedures or acceptable use policies will immediately be reported to the Fresno-Madera Area Agency on Aging and a lnformation lntegrity and
Security Statement
AppendixC-Pagel Rev. January 2022
95 Apperuorx C
Iruronrulttott lrurecnrry AND Secunnv Srnremerur
Security lncident Report form (CDA 1025A and 10258) must be submitted to the CDA lnformation Security Officer, via the Agency on Aging, within five (5) business days of the date the incident was detected.
r All access codes which allow access to confidential information will be properly safeguarded.
. Obligations to protect PSCI information obtained under this Agreement will continue after termination of the Agreement with the Fresno-Madera Area Agency on Aging.
r All employeeslsubcontractors of the ContractorA/endor will complete the required Privacy and lnformation Security Awareness Training module within 30 days of the start date of the Agreement or within 30 days of the start date of any new employee or subcontractor. This training must be completed annually. The train in g is located on line at https ://ag ing.ca.gov/lnformation_secu rity. r All employees/subcontractors of the ContractorAy'endor must comply with CDA's confidentiality and data security requirements as outlined in Article V, Section H, lnformation lntegrity and Security, of this Agreement.
. All employees/subcontractors of the ContracWendor must comply with the encryption and self-certification requirements as outlined in Article V, Section H, lnformation lntegrity and Security, of this Agreement.
CERTIFY
To protect PSCI information by:
. Accessing, inspecting, using, disclosing or modifying PSCI information only for the purpose of performing official duties.
r Never accessing, inspecting, using, disclosing, or modifying PSGI 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. r Meets the encryption requirements in Article V, Section H, lnformation lntegrity and Security, of this Agreement.
tr ls in full compliance with the 128 Encryption requirements. tr ls not in compliance with the 128 Encryption requirements and will achieve compliance by the following date: ---
lnformation lntegrity and
Security Statement
AppendixC-Page2 Rev. January 2022
96 Apperunx D
Mernoo op Pnovrorr,rc Auor Compulruce
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
An independent audit shall be performed in accordance with the requirements of 2 CFR S200, 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.
Allsupporting documentation shall be submitted to the Agency on Aging for review along with any request for reimbursement.
Enter FiscalYear Ending Date
Method of Providing
Audit Compliance
30 2023
Month Day Year
X
Appendix D Rev. January 2022
97 Apperuorx E
RreurReo Reponrs Rruo Due Deres
Fiecal Renortq
*Expenditure Reports by Program
Title f ll B, Title lll C, Title lll D, and Title vll Programs Due ish of each month . Monthly Report of Expenditures and
Donations Revenue
Title f ll E Family caregiver Support Program Due tch or each month o Title lll E Monthly Report of Expenditures
Health lnsurance counseling and Advocacy Program Due tih of each month . HICAP Monthly Report of ExpenditurelRequest for Funds (CDA 245) Long-Term care ombudsman Program Due lih of each month
r Budget Summary/Monthly Expenditure Report & Request for Funds, Special Deposit Fund & Skilled Nursing Facility Quality and Accountability Fund (CDA-OMB-SOO) * Payments are made by the last day of lhe 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 Repofts - All Programs
FinalBudget Revisions
o Due by March 15rh
Annual Financial Close Out Report and FMAAA 32, Fixed Assefs Acquired through Grants with the Fresno-Madera Area Agency on Aging
o Due by July 15rh with exception of HICAP
r 1st HICAP Financial Closeout Report for federal funds from July 1-March 31 due by April 30th
t 2nd HICAP Financial Closeout Report for State funds from July 1-June 30 and Federal funds from April 1-June 30 due by July 30rh
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
a
a
t
a
Required Reports & Due Dates AppendixE-Page1 Rev. January 2022 98 Apperuorx E
Reeutnro REponrs nruo Due DlrEs
Program Reports
Monthly Service Unit Reporl (Form 186M)
Duey'b worklna dav of month:
o Title lll B Adult Day Gare
o Attach Q Monthly Service Roster, associated Client lntake Forms, and Client Deactivation Request
. Title lll B LegalAssistance
r Title lll B Transportation
. Title lll D Health Promotion
. Title Vll (b) Elder Abuse Prevention, Education, & Training Due 18h of each month:
r Health lnsurance Counseling and Advocacy Program (HICAP) o Attach final version of HICAP Performance Measures and Benchmark Report generated from SHARP system for reporting month
*Monthly Title lll C and ARP Grant Elderly Nutrition Program Reports Due 7th worhlns dav-gf &onth:
r Q Monthly Service Roster with client signatures and a "1" entered for each meal r Daily Sign-ln Sheets with initials entered by client for each meal r Associated Client lntake Forms (originals; must be completed July 1, 2021 or later) r Client Deactivation Request
r Nutrition Volunteer Summary Report
c Food Preparation Center Food Service Check Sheet
rSee Policy and Procedure lllanual, provided fo Sffe Coordinator, for full insfructions Quarterly Reports
Due lfh sf month followino reaortlna esrlod:
r Title lll B California Legal Services Quarterly Aggregate Report (CDA 1022) througtt 4Q FY 21-22,
. Title Vll (b) Elder Abuse Prevention Quarterly Activity Report (CDA 1037) Due 36h of month follawlnE reporttna perlod:
. Long-Term Gare Ombudsman Program
o Copy of completed Quarterly Ombudsman Reporting Fom fOSLICO 5307) as " tyiililTffn'::rH:1ff
[,T f:ilt' "
o m b udsma n Data r ntes ratio n
Network for July l"tthrough last day of reporting quarter Required Reports & Due Dates AppendixE-Page2 Rev. January 2022 99 Apperuolx F
FnesNo-MADERA AneR Acerucy or,r Acllo SarucnoN polrcy
At-Risk Designation
Title 45 of the code of Federal Regutations (45 cFR), sections 74.14 and g2.12, defines factors that determine if an Agreement with a Contractor is at risk. ln 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:
Grant funds are not obligated properly, are not disbursed, or are not spent for the contracted purpose;
Financial reports do not include program income and the required malch of funds;
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;
The Targeting Plan is not implemented as described in the Program Narrative section of the Agreement;
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. ls not financially stable;
c- Has a management system which does not meet the management standards set forth in Article Vl, Section B, Accountability for Funds, ol this Agreement;
D. Has not conformed to terms and conditions of previous awards; or E. ls othenruise not responsible, for which examples include, but are not limited, to:
Financial or program reports are late, incorrect, or incomplete; Responses to corrective actions requested by the Agency on Aging are not provided by the due date;
Corrective action plans are not implemented by the due date; Findings from a prior contract monitoring are repeated in a subsequent monitorin g;
1 2
3 4
5 1
2 3
4 Sanction Policy AppendixF-Page1 January 2A22
100
Failure to respond to telephone or written communications from the Agency on Aging in a timely manner; or
A violation of the law or failure to comply with any condition of this Agreement.
The Agency on Aging may impose sanctions (special conditions and/or restrictions) on the Contractor that correspond to the alrisk condition. Such sanctions may include:
Withholding of funds;
Requiring additional, more detailed, andlor more frequent financial and/or program reports;
Requiring preparation and implementation of an acceptable corrective action plan;
Additional contract monitoring;
Requiring the Contractor to obtain technical or management assistance; Establishing additional prior approvals; and/or
Withholding authori$ 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 ltem ll.G above, which requires approval by the Agency on Aging Governing Board.
For sanctions identified in ltems ll.A through ll.F above, the Agency on Aging will promptly remove sanctions once the conditions that prompted them have been corrected.
For the sanction identified in ltem ll.G above, the sanction will be removed when the Contractor takes corrective action satisfactory to the Agency on Aging andlor the Contractor has been restored to satisfactory status in accordance with the terms and conditions of this Agreement.
lll. Notification to Provider
The Agency on Aging will provide written notification to the Contractor of any sanctions imposed via certified or overnight mail, return receipt requested. Such notification will include:
5 6
Sanctions
A
B
c
D
E
F
G
Sanction Policy Appendix F -Page2 January 2022
101
A. The nature of the sanctions;
B. The reason(s) for imposing them;
C. The effective date of the sanctions;
D. The legalor contractualcitation upon which the sanction is based; E. The corrective actions which musl be taken before they will be removed and the time allowed for completing lhe corrective actions; and F. The Agency on Aging's appeal procedure for service providers. lV. UnresolvedAt-RiskCondition(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 XVll, Title lll and Title vl Area Plan Contracts; Article XVl, Health lnsurance Counseling and Advocacy Program Contract).
Sanction Policy AppendixF-Page3 January 2O22
102
Appenorx G
Fnesruo-MADERA Anra Acerucy ou Aetnc
AppeRl PnoceouRE FoR SenvlcE PRouogns
l. Actions Subject to Appeal
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 lritte 22 ccR 57704 (cX1) - (cX3Xc)l:
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.
A cancellation or termination of an existing Agreement with the Contractor prior to the Agreement's expiration date.
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(bX3);
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.
ll. Method of Notification
The service provider shall provide notification of appeals, and the Agency on Aging shall provide notification of subsequent appeals determinations, by certified or overnight mail, return receipt requested, or by personal delivery in writing.
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
A
1 2
3 A.
B
AppendixG-Page1 January 2O22
103
c
D
A
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.
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.
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.
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. lf 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.
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:
Review the service provider's appeal, considering any additional evidence or documentation provided by the Agency on Aging Executive Director;
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 lll. Process
D
Appeal Procedure
for Service Providers
B
c
1 2
AppendixG-Page2 January 2022
104
E.
AppealProcedure
for Service Providers
F
3 Provide written notification of its determination to the service provider.
lf 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 seruice provider must request the hearing within ten (10) business days of the Executive Cornmittee'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 allsupporting documents.
lf 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 wriiing, shall specify the grounds upon which the determination is appealed, and must be accompanied by all supporting documents.
Upon receipt of the seryice 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.
The hearing before the Agency on Aging Governing Board shall consist of:
a) Receipt and review of all previously submitted documents concerning the appeal;
Submission in writing by the service provider of any
additional information or documentation supporting the
service provider's position ;
An oral presentation by the service provider, not to exceed thirty (30) minutes; and
b)
G
c)
AppendixG-Page3 January 2022
105
2 Appeal Procedure
for Service Providers
d) An oral presentation by the Agency on Aging Executive Director andlor Agency on Aging staff, not to exceed thirty (30) minutes.
At the conclusion of the hearing, the Agency on Aging Governing Board shall vote to accept or deny the service provider's appeal. a) lf the appeal is denied, the Agency on Aging Governing Board shall notify the service provider in writing of the reason(s) the appealwas 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 ol the California Code of Regulations, which contains the
process for appealing the determination to the California Department of Aging.
AppendixG-Page4 January 2022
106
Apperuox H
Fnesruo-MADERA Anea Aeerucy or.r Acrtrc
2520 Wesr Snew LArrrE, Sulre 101A, Fnesruo CA 93711
MRlurue AooRess: 2037 Wesr Bullano Averuue, #512, FResruo, CA 93711 Pnoenem Goruracr Lrsr ron Senuce PnouoeRs
Telephone Number for All Contacts: (559) 214-0299
Jean Robinson - Ext. 500
Executive Director
Email : [email protected]
Fax:(559) 243-5918
Paul Bustamante - Ext. 501
Director of Finance
Email: [email protected]
Fax: (559) 243-5918
Teresa Scheidt - Ext. 401
Finance Manager
Email: [email protected]
Fax: (559) 243-5918
Timothy Savage - Ext. 102
Administrative Manager
Email: [email protected]
Fax: (559) 243-5918
Stephanie Jenkins - Ext. 203
Nutrition Program Manager
Email: sjen [email protected]
Fax: (559) 243-5918
Fresno-Madera Area Agency on Aging
Contact List for Service Providers
Appendix H January 2022
107
Apperuorx I
Fnesruo-MADERA Anea AceNcv otr Acrtro
EruEnc erucv CorurRcr I ruronMATroN
lnformation and Assistance (55e) 214-02ee
(800) 510-2020
Executive Director,
Emergency Coord inator,
and Public Relations Officer
Jean Robinson
Virtual Office Mailing
Address:
2037 W. Bullard Ave. #512
Fresno, CA 9371 1
Office Phone (55e) 214-02ee
Administrative Manager,
Alternate Emergency
Coordinator
Timothy Savage
Virtual Office Mailing
Address:
2037 W. Bullard Ave. #512
Fresno, CA 93711
Office Phone:
After Hours Phone
(559) 214-0299
(805) 602-0232
Fresno-Madera Area Agency on Aging
Emergency Contact I nformation
Appendix I January 2022
108
Apperuox K
Reeuesr roR Tlxpayen loerurtncATroN Nuireen nno CenrrncATtoN Please complete and sign Internal Revenue Service Form W-9, which is provided on the next page.
Please return only the signature page (page 1). Pages 2-6 are provided for your information only.
Request for Taxpayer ldentification
Number and Certification (lRS Form W-9)
Appendix K FY 2021-2022
109
,",. Ull-9
(Rev. Oclobsr 201 8)
Deparlmont of lhs Treasury
lntemal Rsv€nue Seruice
you have failed to report all inlerest and dividends on your tax acquisltion or abandonment of secured property, cancellation othar than interest and dividends, you are
Herc
General I
Request for Taxpayer
ldentificatlon Number and Gertification
> Go to www,ln.govlFormWg lor instructions and lhe lateet informatlon.
Glve Form to the
rsqusster, Do not
send to the lRS.
aio
ct)
Na
o
-!,ocao>E!a)
ogIt/'
qo
o
to
(t)
(r,
o
on your tax requlred on thls llne;
CITY OF SANGER
2 Buslness namo/dlsregard€d sntlty name,
{ Exsmptlons (codes apply onlyto
certain €nlltl6s, not indivlduals: se€
instructions on page 3):
Exsmpt payeo code (il any)
Exemplion trom FATCA repor{lng
code (lf any)
nams and addrssa (optional)
7 List
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholdlng. For indlviduals, this is generally your social security number (SSN). However, for a residont alien, sole proprieior, or disr€gard€d €ntity, see the instructions for Part l, latei. For other entities, it is your employer identification number (ElN). lf you do not have a number, see How to get a IIM later.
Nole: ll the account is in more lhan one name, see the instruclions for line '1. Also see What Nama and Number To Give the Flequester lor guidelines on whoss number to enler.
Under penaltiss of perjury, I certify that:
1. The number shown on this torm ls my corect taxpayer ldentiflcatlon number (or I am waiting for a number to be lssued to me); and 2' I am.not lY_bject to backup withholding because: (a) I am exempt from backup wilhholding, or (b) I have nol been notified by the lnternal Revenue Service (lRS) that I am subiect to backup wlthholding as a result of a fallure to report all inlerest or dividends, or (c) the IRS has notified me that I am no longer subject to backup wilhholding; and
3. I am a U,S. citizen or other U,S. person (defined b€low); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Cortilication inriructions, You mugt cross out item 2 above if you have been notified by the IRS that you are or
Section references ar€ to lhe lntemal Revenue Code unless otherwise noted.
Future developmeilts. For tha latest information about d€volopments relalsd lo Form W-9 and its instructions, such as legislation enacted after they were published, go to www.lrs.govlFormW9.
Purpose of Form
An individual or entity (Form W-9 request€r) who is required to file an information rsturn with tho IRS must obtain yout corect taxpayer identification number (IlN) which may be your social security number (SSN), indlvidual laxpayer identifioation number (lTlN), adoption taxpayer identitlcatlon numbsr (ATIN), or employer identlllcation number (ElN), io report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information roturns include, but ar6 not limited to, the following. r Form 1 099-lNT (interest earned or paid)
return. For real estate transactions, item 2 doos
currently subject to backup withholding because
not apply. For mortgago intsrest paid,
of debt, contfibutions to an indlvidual r€tiroment arrangement (1R4, and generally, payments to sign the cedilication, but you must provide your conect TlN. See the instructions for Part ll, lator.
ZT:
. Form 1099-DlV (dividends, including thos€ from stocks or mutual funds)
. Form 1099-MISC (various iypes of income, prizes, awards, or gross procesds)
r Form 1 099-8 (stock or mutual fund sales and certain other transaction6 by brokers)
. Form 1099-S (proceeds from real estate transactions)
. Form 1 099-K (merchant card and third parg network transactlons) . Form 1 098 (home mortgago interost), 1098-E (student loan inter€st), 1098-T (tuition)
o Form 1099-C (canceled d€bt)
. Form 1099-A (acquisition or abandonment of secured proporty) U$e Form W-9 only if you are a U.S. person (including a r€sident alien), to provide your correct TlN.
lf you do not retwn Form W-9 to the requester with aTlN, you might be subiect to backtp withholding. See What is backup withholding, later.
3 Ch€ck approptlale box for federal lax clasolflc.lion of the p€rson whose name ls entered on lin€ 1 . Check only one ot the following aeven boxes.
! lndividual/sole proprietor or n c corporalion n s corporatlon n eartnership D Trust/estate single-member LLC
I Limlted liabilily company. Ent6r the t6x classificalion (C=C corporalion, S=S corporation, P=Parlnorshlpt > _ other LOCAL GOVERNMENT
apt. or suile Se6 instruclionB.
17OO 7TH STREET
slre€t,
SANGER, CA 93657
6 City, state,
Social iocurity numbcr
Part I
9 4 6 0 0 0 4 2 5
Part ll
Slgnrturo of
U.S. perron ) Oato >
Cat. No. 10231X Form W-9 (Rsv. 10-201€)
110
ExHrerr A
TITLE III PROGRAM EXHIBIT
Title lll Cl - Eld Nutrition P ram Site lUlana
l. Definitions Specific to Title lll Programs:
A. Prosram Requirements is defined as Title lll program requirements found in the Older Americans Act (OAA) [42 USC 53001-3058]; the Code of Federal Regulations (CFR) [45 CFR 91321]; the California Code of Regulations (CCR) 122 CCR 57000 et seq.l; California Department of Aging Program Memoranda; and California Retail Food Code (CRFC), Title lll Gl Conqreqate Nutrition Services is defined as nutrition services for older individuals in a congregate setting. Services include meals, nutrition and health promotion education, health promotion programs, nutrition risk screening, and opportunities for socialization.
Each meal shall provide one-third (1/3) of the Dietary Reference lntakes (DRl), and comply with the most current Dietary Guidelines for Americans To be an eligible Title lll C1 congregate nutrition site, the site must meet all of the following criteria [22 CCR 97638.7(a)]:
1. Be open to the public [45 CFR 51321.53(bX3)].
Not means test [OM 5315(bX3)].
Provide participants the opportunity to make voluntary contributions and not deny service for not contributing to the cost of the service loAA s315(bx4) , 22 CCR 57638.91.
Not receive funds from another source for the cost of the same meal, equipment, or services [2 CFR S200.403(f), 45 CFR s75.403(f)1.
c Title lll C2 Home-Delivered Nutrition Services is defined as nutrition services provided to homebound older individuals including meals, nutrition and health promotion education, and nutrition risk screening.
Each meal shall provide one-third (1/3) of the Dietary Reference lntakes (DRl), and comply with the most current Dietary Guidelines for Americans. [22 CCR S7135, 22 CCR S7638.7(c)].
Elderly Nutrition Program
Site Management
B
2 3
4 ExhibitA-Pagel Rev. January 2022
111
D
E
F
Lr.
Eliqible Service Pooulation is defined as individuals 60 years of age or older, with emphasis on those in economic and social need with particular attention to low income minority individuals, individuals with limited English proficiency, and older individuals residing in ruralareas.
IOAA S305(aX2) (E); Zz CCR SS71 25, 7 127, 7 130, 71 351. $ite Manaqement is defined as 1) oversight and responsibility for the day- to-day operations of an Elderly Nutrition Program nutrition site with respect to meals; 2) oversight of and responsibility for Elderly Nutrition Program staff and volunteers, including provision of required program training; 3) collection of required Elderly Nutrition Program data from program participants; 4) keeping records and preparing reports concerning meals ordered and served, nutrition volunteer hours, and donations; and 5) ensuring the Elderly Nutrition Program nutrition site meets all federal, state, and local regulations, including applicable licensing laws and ordinances related to food service operations and sanitation.
CRFC means the California Retail Food Code, which is a uniform statewide health and sanitation standard for food facilities, found in Section 113700 et seq., California Health an! Safety Code.
Urban, for purposes of this Agreement, is defined as: 1) urbanized areas (a central place and its adjacent densely settled territories with a combined minimum population of 50,000; and 2) and incorporated place or a census designated place with 20,000 or more inhabitants. A rural area is any area that is not defined as urban.
H. Elioible Particioant is defined as
1 Conqregate Meals: lndividuals eligible to receive a meal at a congregate nutrition site are:
a. Any older individual (sixty (60) years of age or older). b. The spouse of any older individual.
c. A person with a disability, under age sixty (60) who resides in housing facilities occupied primarily by older individuals at which congregate nutrition services are provided.
d. A disabled individual who resides at home with and
accompanies an older individualwho participates in the
program.
[22 ccR $7638.7(a)(1 )-(4)]
Elderly Nutrition Program
Site Management
ExhibitA-Page2 Rev. January 2022
112
2. Elderly Nutrition Program
Site Management
3 Volunteer Meals
a. The Contractor may offer a mealto a volunteer under age sixty (60), if doing so will not deprive an individual age sixty (60) or older of a meal. 122 CCR S7636.9(bX3);
ccR 57638.7(b); and oAA S339(H)l
b. The Contractor shall develop and implement a written policy for providing and accounting for volunteer meals.
[22 CCR 57638 7(bX2)]
Home-Delivered Meals: lndividuals eligible to receive a home- delivered meal are:
a. Any individual 60 years of age or older who is frail, and homebound by reason of illness, disability, or isolation. 122 CCR $7638.7(c)(1)l These individuals shall be given priority in the delivery of services. [45 CFR 51321,69(a)] i. Frail means that an older individual is determined to be functionally impaired because the individual either:
1) ls unable to perform at least two activities of daily living, including bathing, toileting, dressing,
, feeding, breathing, transferring, and mobility and
associated tasks, without substantial human
assistance, including verbal reminding, physical
cueing, or supervision;122 CCR 57119(a)l or
2) Due to a cognitive or other mental impairment,
requires substantial supervision because the older
individual behaves in a manner that poses a
serious health or safety hazard to the individual or
to others. 122 CCR S71 1g(b)l
b. A spouse of an eligible individual as described in item H.3.a above, regardless of age or condition, if an assessment concludes that it is in the best interest of the homebound older individual. 122 CCR 57638.7(cX2)l
c. An individualwith a disability who resides at home with older individuals, if an assessment concludes that it is in the best interest of the homebound older individual who participates in the program. [22 CCR 57638.7(cX3)]
ExhibitA-Page3 Rev. January 2022
113
Current Meal Rate is defined as the current vendor meal rate plus an additional amount established by the Fresno-Madera Area Agency on Aging (Agency on Aging) to recover costs associated with this process Elioible Meal is defined as meals served to an eligible participant which provide one-third (1/3) of the Dietary Reference lntakes (DRl), and complies with the most current Dietary Guidelines for Americans. lndividualwith a Disabifitv is defined as an individualwith a disability, as defined in Section 3 of the Americans with Disabilities Act of 1990 (42 USC 512102), who is not less than age 18 and not more than age 59. loAA S372(aX2)l
Volunteer means an individual who provides services without pay, but may receive reimbursement for expenses, and who has been provided with orientation and Agency on Aging mandated training in compliance with Title 22, CCR 57635.5,
ll. Scope of Work
The service provider is charged with providing site management services to the "eligible service population" within the service provider's area of influence as specified in Exhibit E, ltem 2 of this Agreement.
A. Assurances
The service provider will comply with all the Program Requirements and those required under the California Retail Food Code (CRFC).
2. Meal Count Allocation
The service provider will be charged at the current
established meal rate for all meals ordered in excess of the number of eligible meals served to the Eligible Participants within the Title lll C program. Participant eligibility is as defined in Title 22, CCR, Article 5, 57638.7.
The Agency on Aging reserves the right to allocate meal quantities for the Elderly Nutrition Program. The service provider may be held financially responsible, at the Current Meal Rate, for all meals ordered which exceed the site's assigned allocation. The Agency on Aging has the option to increase or decrease the mealtarget allocations to individual sites in the event of changes in available funding, or
changes in average service levels at individual meal sites.
Elderly Nutrition Program
Site Management
J
K.
L.
1 b
ExhibitA-Page4 Rev. January 2O22
114
c. Only those meals that are served to an eligible participant which provide one-third (1/3) of the Dietary Reference
lntakes (DRl), and comply with the most current Dietary Guidelines for Americans, are allowable and counted as
meals served.
3. Site Management ResLonsibilities
f n compliance with Title 22, CCR, Article 5, and the Agency on Aging Nutrition Pollcies and Procedure Manual provided to the service provider's site coordinator, the service provider will:
a. Assure accurate and timely completion of Client lntake forms, client rosters, daily mealsign-in sheets, Client Deactivation requests, and Nutrition Volunteer Summary reports for the Cong regate and Home-Delivered Mea ls p rog rams ;
b. Verify and order meal counts for Congregate (Cl) and Home-Delivered (C2) meals no later than 12:00 noon the
business day prior to the service day;
c. Monitor daily meal service numbers to maintain total monthly meals ordered near or at allocation levels (however, this is not to be construed that the service provider is precluded from serving above allocation levels assigned by the Agency on Aging by using donations or other sources of revenue to supplement the number of meals;
d. Comply with allTitle lll C Program and CRFC requirements for client eligibility, and meal service safety and sanitation practices;
e. Maintain separate and verifiable records of all program income and expenses for Congregate (C'l) and Home-
Delivered (C2) meals (all donations received from C1 clients must be expended on C1 costs, and all donations received from C2 clients must be expended on C2 costs);
f. Assess new and continuing home-delivered meal clients for program eligibility. Reassessments of home-delivered meal clients are to be completed quarterly, alternating two in- home visits per year with two telephone reassessments;
g. Assess new and continuing Congregate Meals clients for program eligibility. Congregate Meals client reassessments are to be conducted at least once during each fiscalyear.
Elderly Nutrition Program
Site Management
ExhibitA-Page5 Rev. January 2022
115
h Ensure client records are available only to authorized service staff assisting the individual, and keep client records in a secure, locked file cabinet to protect client confidentiality, Recruit volunteers as needed to provide in-center services for the Congregate (C1) and Home-Delivered (C2) Meals
programs, and provide orientation, training, and supervision.
A minimum of four hours of training shall be provided
annually for all volunteer food service staff, to include, at a minimum:
i) Food safety, prevention of foodborne illness, and
Hazard Analysis and Critical Control Points (HACCP)
principles.
ii) Accident prevention, instruction on fire safety, first aid, choking, earthquake preparedness, and other
emergency procedures.
ldentifu and make known available services to eligible
individuals through outreach efforts in their community; Attend Agency on Aging Site Management in-service training meetings as required;
Comply with allAgency on Aging monthly memos and other
Agency on Aging correspondence;
Procure and maintain food service and cleaning supplies inventories;
Post menus in a location easily seen by participants at each congregate meal site; ensure menus are legible and easy to read in the language of the majority of the participants; and ensure menus are available in large print;
Not preclude the service of a congregate meal to a
participant who has failed to make a reservation, when food is available;
Have a paid staff member, or volunteer, designated to be responsible for the day-to-day activities at each congregate meal site, and physically be on-site during the time that Elderly Nutrition Program activities are taking place;
Have restrooms, lighting, and ventilation which meet the requirements of the CRFC;
k.
Elderly Nutrition Program
Site Management
l.
m
n.
o
p
q
ExhibitA-Page6 Rev. January 2022
116
lnclude procedures for obtaining the views of Congregate Meals Program participants about the services received; Have equipment at congregate mealsites, including tables and chairs, that are sturdy and appropriate for older
individuals. Tables shall be arranged to assure ease of access and encourage socialization;
Provide a welcoming, pleasant dining environment for
congregate meals that atfords older adults an opportunity for socialization with their peers and enhancement of a healthy and enriching lifestyle; and
Observe any physical or emotional changes in participants' conditions and report any cases of known or suspected elder abuse to local law enforcement.
Additional Assurances
1. Facilities shall be properly maintained by the service provider with regards to repairs and maintenance, cleanliness, accessibility, etc.
2. The service provider must submit the reports specific to this program as listed ih Appendix E of this Agreement,
3. All reports required by the Agency on Aging must be submitted by the due dates listed in Appendix E of this Agreement.
4. The service provider shall have a plan to ensure accuracy of data from all levels. This plan shall include a method for the service provider to verify the accuracy of their data prior to submission to the Fresno-Madera Area Agency on Aging.
r
S.
t.
u
B
Elderly Nutrition Program
Site Management
ExhibitA-Page7 Rev. January 2022
117
IV
Elderly Nutrition Program
Site Management
lndependence Day
Labor Day
Veterans Day
Thanksgiving Holiday
Christmas Holiday
New Years Holiday
Martin Luther King Jr. Day
Presidents Day
Memorial Day
July 4
First Monday in September
November 11
Fourth Thursday in November
December 25
January 1
Third Monday in January
Third Monday in February
Final Monday in May
Approved Holidays for Nutrition Sites
There are a total of nine recognized holidays in which food service will not be provided by central kitchens to congregate meal sites and sites are assumed to be closed:
ExhibitA-Page8 Rev. January 2022
118
ExHrerr B
Budget
The Agency on Aging sends budget forms in Excel format to service providers via e-mail.
Please email the completed contract budget to the Agency on Aging's fiscal department ([email protected]), and provide two completed sets of the budget with the signed and completed contract documents.
Please contact the Agency on Aging's fiscal department at (559) 214-0299 to request hard copies of the blank worksheets if needed.
119
(Revised April 2022)
FRESNO - MADERA ACNNCY ON AGING
PERSONNEL BUDGET Df,,TAIL: W 2022-2023
CONTRACTINC AGENCY:
PROGRAM:
ciw of
TitIC III C1 Nutrition
D.
%oF
TIMTON
PROGRAM
45.jW/o
Totrl Sslaries Pase2Linels _7
Total ll"ax6 Page2LineIb
->
Total Beoefits Page2Linels
->TOTAL PERSONNEL COSTS Page2LineI *>
c'.
FULL
ANNUAL
SALARY
37,300
B.
RTE o/o
(40Hrs=
t000/")
100.0oloSslary
Salarv
Sel:rry
Salan
Salarv
Salary
Sslarv
Salary
Salgry
Salary
A,
POSITION TITLE
1. Senior Coordinator
2. 3
4 5.
6. 7
8. ,.
10. NOTE: IJrhete is more than one employee p* posirion, tbt each teparue\. Use additional pages aa nacessrry, CONTRACTNO:
RIVISION NO;
224I9IARP
J.
TOTAL
PERSOIINEL
cosrs
16.785
16"785
1.305
12,870
30"960
I.
:{oN-
MATCITING
FI]NDS
H.
MATCHING
FI.I}IDS
5"379
5,379
418
4,124
9.921
'trflni%miaac.
DONOTUSEI PROGRAV
TORFUTL?EI INCOME
USEONLY I
2.259
2.2s9
t76
t,732
4,t67
t.
FMAAA
GRANT
9.t47
9.147
711
7.014
t6.872
TOTAL
IN-KIN'D
RATE
Pf,RSOUR
TOTAL
ANT{UAL UNS
EOURS Pf,R
NUMIEN OF
VOLUNTEERS
IN.KIND PERSONNEL COSTS
DESCRIITII('N OF WORK PERFORMED
120
(Rwised April2022) FRESNO - MADERA AREAAGENCY ONAGING
PROGRAM BUDGET BY INCOME SOURCE: Fv ZOZ2-2021
of
TitIE III CI Nufrition
CONTRACTII'iG AGENCY:
PROGITAM:
CONTRACTNO:
REVISION NO:
22.OI91ARP
(i
IN-KII\D
MATCH
F.
TOTAL
CASH
16.785
1.305
12.870
30.960
5.190
l0
38,460
38.460
!1.
NON.
M.{TCIIING
FUN'IIS
D.
MATCHING
FTINDS
s.379
418
4,124
9,921
9,921
9,921
T//////ffi///////////41)DONOTUSE I rnOCnlu
FORFLTTLTE I INCOME
USEONLY I
2-259
176
1,732
4,167
4,167
4,167
A,
FMAAA
GRANT
9-\47
7tl
7.014
16.872
5,190
2,3t0
24.372
24,372
CATEGORY
I. SALARIES & BENEFITS
a. Salaries
b. Payroll Taxes
c. Employee Benelits & Work Comp.
PERSONNEL COSTS
TRAVEL
a. StalTTravel
b. Voluoteer Travel
c. Trainins
TRAVEL AND TRAINTNG
( )
4. CONSULTANTS
'WlznONOr USE-FORFUTI.RE USE oNLy
6" PROGRAM/SITE SUPPLIES ( ** )
7 OTHERCOSTS:
8. Liebility Insurance
b. Telephone
c. Ofiice Supplies
d. Postage
e. BuiHitrg Reot
f. Buildiag Maintcnance
g, f,quipment Meintenance
h. Vebicle Maintenance
i. Utilities
k Memberships/Licenses
l. SrbscriptionvPublications
m. Advertising
tr.
o.
7. OTHERCOSTS:
TOTALDTRECT COSTS
8. INDIBECT COSTS (Attach narrative)
TOTAL COSTS
121
(Revised Apnl2022)
CONTRACTING AGENCY:
PROGRAM:
FRESNO - MADERA AREA AGENCY ON AGING
SCHEDULE OF FUNDING SOURCES: FY 2022-2023
Citv of Sanger
Title III Cl Nutrition
CONTRACTNO:
REVISIONNO:
22-0l9lARP
PROGRAM
C. IN-KIND
0 B. CASH
24,372
4.167
9,921
38,460
38.460
0 1. FMAAA Grant
DO NOT USE - FOR FUTURE USE ONLY
3. Income:
Current Year lncome
Defen'ed Income
4. Funds-Cash&In-Kind Source
u. of
b.
c.
d.
r- Funds Funds/Other - Cash & In-Kind
a.
b.
c.
6. TOTALFUNDING
totals must with the totab shown at the bottom
from Columns F and G
2 column F and
riance (must be
122
(Revised A,prit 2022) FRESNO - MADERAARX,A AGI,NCY ONAGING SCHEDULE oF PROGRAM/SITE suPPIEs AND EeUIPMENT puRclrAsEs Fy 2022-2o23 CONTRACTING AGENCY:
PROGRAM:
Ciry of
Title III Cl Nutrition
CONTRACT NOr
REVISIONNO:
22-0l9IARP
Estimated
amoutrt paid by
MATCII
fundiog
llstimated
amornt paid by
PROGRAM
INCOME
firrdinc
Estirnrtcd
,mount paid by
FMAA.A./
GRANT funding
21tO
2310
?6'rs
2515
5190
How is thc item to be uscd for the
program tle grant is funding?
50 C}IAIRS
PURCHASES FOF *EOUTPMENT PURCHASE" EXCEEDING $s$0 PER U.--DIl'rDtr,tl SS SINGLE |TEM!
DAILYACTIVITIES
DAILYACTTVITIES
Estimatcd
per unit
purchese
267.s0
251 5
f,stimated
Month of
Purchos
Oct
Oct
Itcm Type / Descripton
6FT ROIND TABLE
FzuDGE
ITEM
QUANTITY
(Must List
number)
l0
I
a
b
c
d
f
I
h
I
k
m
n
o
D
I
a
b
d
**" Costs to include estimated purchase ofthe inclividual I single item ro be puchased, any taxes, any shipping and installation costs. 123
FMA/M BUDGET CAICULATION WORKSHEET
100.00%
O.@Yo
too.ao%
0.00%
100.00%
o.oo%
100.00%
0.00%
100.00%
o.oo%
100.00%
o.oo%
FMAAA
s 15,872.03
PROGRAM
DONATIONS
$ z,zsglq
S ns.aq
5 1,732.2t
$ 4157.00
MATCHING
FUNDS
s 5,378.67
S +re.ra
S 4,124.72
$ g,gzo.gz
GRANT TOTATS
S 16,785
s 1,305
5Lz,87o
s 30,960
5 7 500
38,459
SAIARIES
PAYROLL TAXES
BENEFITS
TotalSalaries
S 9,147.19
S zrr.ra
S 2,0t3.66
One-Time Startup Costs
Total Salaries & Costs
S 7,5oo.oo S
DIFFERENCE S
19 2,259.74 5,378.6779,L4s
s
s
s
s
s
Total
S 3,440.00
s
s 3,440.00
Benefits
s 1,430.00
s
s 1,430.00
4t.s7%
PayrollTaxes
s 14s.00
s
S r+s.oo
4.22Yo
Salaries
S 1,8G5.00
s
s 1,855.00
s4.22%
Employee
Vianey
Joaquin
Percentages
Month
2PP
2PP
s 1,102.33
MATCHING
FUNDS
S sgz.sE
s 46.45
S 4s8.24
S aog.oo
PROGRAM
DONATIONS
5 zsr.oz
S rg.sz
5 pz.qt
5 Laa.at
FMAAA
GRANT
S t,016.:5
S tg.oz
5 779.30
SATARIES
PAYROLL TA(ES
BENEFITS
s 1,102.33
MATCHING
FUNDS
S sgz.se
S +s.ao
S 458.24
s 463.00
PROGRAM
DONATIONS
S zsr.oz
S rg.sz
5 $z.qt
5 r,874.67
FMAAA
GRANT
s 1,015.35
S tg.oz
S ttg.to
SALARIES
PAYROLL TA(ES
BENEFITSTotal
s 5,160.00
s
5 5,150.00
Benefits
S 2,145.00
s
S 2,145.00
4l.57Yo
Payroll Taxes
s 217.s0
s
S 217.s0
4-22/o
Salaries
5 2,797.so
s
S 2,797.5o
s4.22%
Employee
Vianey
Joaquin
Percentages
Month
3PP
3PP
124
Budgeted salary
Budgeted Taxes
Budgeted Benefits
Total
Grant
Donations
MATCH
FMAILA Match Calculations
FY 2022-2023
Vianey
S t,865.00
S r+s.oo
5 t,ato.oo
$ g,q+o.m
(1,874.671
(463.00)
$ r.roz.gs
125
ExHrerr C
ANNUAL SUMMARY OF ACTIVITIES
PROGRAM:
SERVICE PROVIDER:
CONTRACT NUMBER:
SITE:
Elderlv Nutrition Proqram Site Management
City of Sanger
22-0191ARP
Sanqer Senior Center
Date of FMAAA Executive Director Signature on Page 2
CONTRACT EFFECTIVE: to June 30 2024
Gonl: The goal of the Elderly Nutrition Program is to reduce hunger and food insecurity; promote health and well-being; promote socialization; and delay adverse health conditions of older individuals.
Derrrutlol't: Site Mana gement is defined as 1) oversight and responsibility for the day- to-day operations of an Elderly Nutrition Program nutrition site with respect to meals; 2) oversight of and responsibility for Elderly Nutrition Program staff and volunteers, including provision of required program training; 3) collection of required Elderly Nutrition Program data from program participants; 4) keeping records and preparing reports concerning meals ordered and served, nutrition volunteer hours, and donations; and 5) ensuring the Elderly Nutrition Program nutrition site meets allfederal, state, and local regulations, including applicable licensing laws and ordinances related to food service operations and sanitation.
Meals are subject to allocation and reallocation at any time by the Agency on Aging based upon available funding and nutrition program participation. When allocations are imposed, any meals allocated but not served revert to the Agency on Aging for reallocation.
ARP Elderly Nutrition Program
Site Management
Exhibit C Rev. January 2022
126
ExHrerr D
Not Applicable -
Elderly Nutrition Program
Site Management
PROGRAM COST EFFICIENCY
ARP Program Cost Efficiency Exhibit D Rev. January 2022 127
ExHrerr E
Program Narrative
The Agency on Aging sends Exhibit E in Microsoft Word format to service providers via e-mail.
Please e-mail the Microsoft Word version to [email protected], and return two completed sets of Exhibit E with the signed and completed contract documents, Please contact the Agency on Aging's administrative department at (559) 214-0299 to request hard copies of the blank exhibit if needed.
128
ExHrerr E
PRocnnm NRRRnnvE
4. CONFIDENTIALITY PROCEDURES
How does your organization protect confidential information obtained from program participants, such as client intake forms, from disclosure? Any sensitive information that is necessary to be documented is securely locked in a file cabinet ad the Senior Center.
Program Narrative
ARP Nutrition Site Management
What resources does your organization use, or have available to use, when interpretation is needed for a program participant?
Staff and numerous volunteers speak Spanish fluently. There are other resources in the area for those who need additional language interpretations services.
How does your organization provide the contracted service to individuals who speak a lAnguage that is not spoken by program staff or volunteers? Staff and volunteers can help direct those in need too other agencies by referring or requesting assistance from Sanger Unified School District , Sanger Library, Fresno County EOC and Danger Family Resource Center or other agencies that are accustomed and practiced in serving those with foreign language needs.
How does your organization protect the confidentiality of the program participant during verbal discussions? (For example, asking the program pafticipant for their date of birth, phone number, and any other information that identifies the individualand is needed to complete the client intake form) There are private areas within th Senior Center and the Community Center complex to have those discussions in person or by phone. Any sensitive information is locked in a secure file cabinet.
ExhibitE-Page3 Rev. January 2A22
129
ExHreff E
Pnocnnrrr NnRnervn
Contracted Program; Title lll C Nutrition Site Management
5. PROGRAM DESCRIPTION
Provide a brief description of how your organization provides the contracted oroorarn.
Staff and program volunteers help prepare, serve and clean (before, during. and after) the meal program. Staff attends food safety training classes through FMAA who the trains volunteers.
What was the primary accomplishment achieved by the contracted program in the most recent year services were provided?
Seniors have learned through the meals program of many other resources available to them. The meal program serves as a way to get the info to the senior center where they are exposed to to other resources.
6. CASE STUDY
Frogram Narrative
ARP Nutrition Site Management
Please describe another accompli$hment achieved by the contracted program in the most recent servrces were
The program was able to gain new members to join the meals program and also bring different activities that we were able to offer such as Exercises, bingo and field trips.
Briefly describe how the contracted program successfully met the needs of a program participant in the mCIst recent year services were provided. Do not use real names.
A new client walk-in was referred by a friend as the client was struggling to eat consistently after the death of her husband. The client was still able to cook, but was lonely after not wanting to sit at home and eat alone. The meals p[program brought her to the Senior Center where she was bale to eat a good meal and socialize.
ExhibitE-Page4 Rev. January 2422
130
Exnlar E
PRocRnm NlRnanve
7. STAFFING
Please provide the names and titles of all staff listed in the Personnel section of the contract budget (Exhibit B).
*Please provide the name and contact information for the person who has primary, hands-on involvement and oversight of the day-to-day operations of the contracted program.
John Mulligan Public Works Director
Name Title
559-876-6300 ext 1250 [email protected]
Telephone Number E-mailAddress
r+> *Attach the following documents to the "Documents Required to Execute Contract" checklist:
Program Narrative
ARP Nutrition Site Management
Name Title
Joaquin Zamora Recreation Supervisor
TBD Senior Coordinator
ExhibitE-Page5 Rev. January 2022
131
ExHrerr E
Pnoennna Nnnnatve
8. SERVICE PROVIDER TIME FRAME
What days and hours will the Nutrition Site Management program be available? (Please note that fhese are not necessarily the same hours your o rga n iz atio n/faci I ity i s o pe n. )
Program Narrative
ARP Nutrition Site Management
Location Days Open Start Time Glose Time
Sanger Senior Center M/TA/VffH/F B:00 AM 4:00 PM
Month Enter Dates of Holidays
& Other Planned Glosures
Total Days Service
to be Provided
JULY 2022 0
AUGUST 2022 0
SEPTEMBER 2022 0
OCTOBER 2022 TBD
NOVEMBER 2022 111111?2 1't t)Atr) 11 Dq 1q
DECEMBER 2022 12126t22 21
JANUARY 2023 112123 20
FEBRUARY 2023 2t20t23 19
MARCH 2023 3131t23 22
APRIL 2023 20
MAY 2023 5129t23 22
JUNE 2023 21
Total Days of Contracted Service to
be Provided under this Agreement: 164 APPROX
ExhibitE-PageG Rev. January 2422
132
ExHreff E
PRocnenn NeRnanve
g. PROGRAM EVALUATION/IMPROVEMENT
How would participants of the contracted program benefit from these improvements? New participants will receive a healthy meal and will benefit from the increased exposure to nutrition-based education classes and materials given at the Senior Center.
Describe the specific steps your
during the current funding period
organization will take to make these improvements
Flyers will be made in English and Spanish explaining the program and eligibility requirements.
Staff will contact and work with housing managers to distribute the flyers.
Describe how you will know if your improvement efforts are succe$sful, and how you willmeasure r achievements
Staff will track new program intakes and ask where they heard about the program Program Narrative
ARP Nutrition Site Management
ln reviewing the performance during the
identify areas that your organization could
most recent year services were provided,
focus on for improvement of the contracted
program.
Promoting the meals p[program to seniors in multi-family housing who may not know that the meals program is available.
ExhibitE-Page7 Rev. January 2O22
133
Exnrnr E
PRoennnn NnnRanve
10. oUTREACH ACT|VIT|ES/TARGETTNG PLAN (22 CCR S 7yA, WC S 9103) Program Narrative
ARP Nutrition Site Management
How does your organization reach older adulk in greatest economic need (income level at ar belaw the Federal Poverty Level)to inform them of the contracted program and welcome them to participate?
lmprove promotion of our website and newsletter as well as work with Community Partners such as Family Resource Center, Sanger Community Task force and promote Community Events.
How does your organization reach older adults who are soeially isolated (need caused by non-ecanomic factors) to inform them of the contracted program and welcome them to participate?
lnclude information with the Monthly Utility Bill and continue to work Community Partners to help spread the word around and provide contact information for the program.
How does your organization reach older adults who are of lesbian, g6ry, bisexual, or transgender orientation to inform them of the contracted program and welcome them to participate?
Wold of mouth and special events such as the Famers Markets, July 4th Spectacular, Cinco de Mayo and National Night Out and will also contact local LGBTQ+ Organizations to help identify individuals who may benefit from this program.
How does your organization reach older adults who are ethnic minorities, and particularly those with greatest economic and/or social need, to inform them of the contracted program and welcome them to participate?
Work with the Family Resource Center to identify areas in the community that may benefit from additional outreach.
ExhibitE-Page8 Rev. January 2A22
134
Program Narrative
ARP Nutrition Site Management
ExHrelr E
Pnocnnm NaRRRIvE
How does your organization reach older adults who are Native Americans to inform them of the contracted program and welcome them to participate? Contact lndian Reservation and provide flyers about the nutritional programs for members who live in the Sanger area.
How does your organization reach older adults with limited English proficiency to inform them of the contracted program and welcome them to participate? The city provides information to the Family Resource center and Local Community Based Organization's Vecinos Lindos.
How does your organization reach older adults who live in rural areas to inform them of the contracted program and welcome them to participate? Send Public Service Announcement to local media, word of mouth and special events How does your organization reach older adulb with severe disabilities (severg chranic pltysical andlor mental impairment that is likely to continue indefinitely & results in substantial functional limitatlon in 3 or more major life activities) to inform them of the contracted program and welcome them to participate?
Work with Senior Assisted Living Facilities to identify those who may benefit from the program.
How does your organization reach older adults with Alzheimer's disease or related disorders with neurological & organic brain disfunction, and the caregivers of these individuals, to inform them of the contracted program and welcome these older adults to participate?
Work with Senior Assisted Living Facilities to identify those who may benefit from the program, ExhibitE-Page9 Rev. January 2022
135
ExHrerr F
sERvrce Pnovroen EruencENcy Resounce luroRMATroN
Please complete for each location from which contracted seruices are offered.
Please list anv additional services vour site can provide in the event of a disaster:
nla
Organization City of Sanger
Site Name
Street Address 730 Recreation Ave
City/ST/Zip Sanoer- CA 93657
Primary Contact
Job Title Joaouin Zamora
,. I
E-marl [email protected]
Office Phone 559-876-6300 ext 1430 Cell Phone lSSg-g
Secondary Contact
Job Title Senior Coordinatnr E-mail TBD
Office Phone 55q-R75-7AnA Cell Phone nla
Please check all services that could be ded from site:
Power/Generator CB Radio
First AidEm Ham Radio
FacilitiesCooki lnternet Access
Distribution Site for Food & Water ish TranslationS
x ServicesCo tn nLa e TranslationS
borhood Clean Other Translation
Yes No
Can this site provide temporary shelter space for 48 hours or more in the event an X
ls th IS Site able to help with assessi ng the need S of older ind ividuals tn the hborhood or commu follow ad r? x
Following a major disaster, can this site help transport older individuals to disaster services? X
Does this site have a dedicated veh that is u x
Give n the resources, can th is site expand mea SE rVlces fol lowing a disaster to needs rn the commun X
How many people can this faci provide emergency shelter for? 50 How many days can this facility function using its back-up power source? 0 How man gallons of water are stored on-site as an emergency supply? 0 Emergency Resource I nformation Exhibit F Rev. January 2022 136
ATTACHMENT 2
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137
RESoLUTToN No. 2o2z- 1 to
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER APPROVING A 2022-2023 FISCAL YEAR BUDGET AMENDMENT FOR GRANT FUNDS FROM THE FRESNO MADERA AREA AGENCY ON AGING FOR THE TITLE III Cl
CONGREGATE NUTRITION PROGRAM FOR OLDER ADULTS
WHEREAS, the City of Sanger Annual Budget requires midyear amendments to adjust the estimated revenues and appropriations to reflect the City's financial plan; and WHEREAS, the annual budget contains the estimated revenues and appropriations necessary to implement the City Council's policies, goal and objectives; and WHEREAS, during the fiscal year, unforeseen circumstances, changed economic conditions or spending priorities may require budget adjustments; and WHEREAS, The City Council of the City of Sanger does hereby find that it would be in the best interest of the City to revise the estimated revenues and appropriations; and WHEREAS, a budget amendment appropriating funds in the amount of $24,372.00 is necessary to help to offset to cost of the congregate meals program at the Sanger Senior Center, and
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Sanger that the Annual Budget be amended as set forth in Exhibit "A" for Revenue Adjustments and for Appropriation Adjustments which are attached hereto and incorporated herein by reference and are hereby approved, and the Administrative Services Director is hereby authorized and directed to record the appropriate accounting entries. * r.,t :F !S * *. * t :1. * * :& rt rl. :& rt
The foregoing Resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 6th day of October 2022 and approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Member(s):
Council Member(s):
Council Member(s):
Council Member(s):
Rebeca P. Ramirez, City Clerk
138
Exhibit A
City of Sanger
Fiscal lmpact of Proposed Resolution and
Budget Adjustment approved by Gouncil
Accounting Use Only
B u dget A dj ustment N u mber :
Date:
Resolution Number:
Date:
Reason for c tn
Estimated Additional
Estimated Revenues Available:
and/or revenue estimate:
zozz--'l Q
October 6, 2022
To accept and appropriate FMAAA grant funds awarded to of Sanger for Senior Citizens Program Fund Dept. Prqm Obiect AoDroDriation
Fund Name Program Name No. No. No. No. Amount
FMAJ{A SATARIES 252 030 101 5430 16.872.0O$
FMAAA ONE-TIME START-UP COSTS 252 030 101 6955 7.500.00s Iotal Reouested ADorooriation: 24,372.O0$
Current ADDroDriations:
{diusted Total Appropriation: $ 24.372.0O
Fund Name Program Name
Fund
No.
Dept.
No.
Prgm
No.
object
No.
Est. F{evenue
Amount
FMAAA GRANT REVENUE 252 030 101 4320 $ 24.372.OO
fotal Estimated Additional Revenue: $ 24,372.0O
Current Estimated Revenues:
Adiusted Total Estimated Revenue: $ 24,372.O0
Department Head Signature
Finance Director's Signature
\\nas1\shared\Forms Templates - 1211511o
Date:
139
For the Meeting of; October 6.2022
Agenda Item No.:
il_ +
CrrYoF SINGER
RE,PORT TO THE CITY COUNCIL
To:
From:
Subject:
Mayor and City Council
Joshua Rogers, Cify Engineer
Right of Way Acquisition - Jensen and Greenwood - Jensen Dental Office Attachments: Resolution No. 2 O2 ?--1 7
Resolution No.2019-55
Conceptual Layout for Traffic Signal Improvements
Grant of Easement Deed - APN 315-096-18
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No.2e I I -77 , which accepts the right- of-way dedication for permanent public street and utility pu{poses at the northwest corner of Jensen and Greenwood Avenues.
EXECUTIVE SUMMARY:
The vacant property on the northwest corner of Jensen and Greenwood Avenue is being developed into a professional office complex under Site Plan Review #2021-10. Additional street right-of-way is being dedicated at the intersection as a requirement of the project for future roadway improvements by the City.
Prepared by: Toshua Rosets Approved by:
I
2 3
4 REVIEW: City Finance: Ciry Attorney: _
TYPE OF ITEM:
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
COUNCILACTION: APPROVED DENIED NOACTTON
X
X
Public Hearing
Mattet Initiated by a Council Member
Othet
Continued to:
140
BACKGROUND:
An application for Site Plan Review (SPR), which was later assigned the SPR #2021-10, was submitted for the property at the northwest comer of Jensen and Greenwood, APN 315-096-18, by the owner of the property, ZZZRP,LLC, a Califomia Limited Liability Company ("Owner"). The plan is for the construction of a dental office along Jensen Avenue along with parking and site improvements and a pad for a future building. One of the conditions of approval for the project required that the Applicant dedicate right-of-way along the north side of Jensen Avenue for construction of existing and future street frontage improvements. The existing property line along Jensen Avenue is located at the curb line and needs to be adjusted to accommodate the City sidewalk improvements along Jensen Avenue. Additionally, in confonnance to the findings of the Jensen Avenue Corridor Systemic Safety Analysis Report, adopted by City Council Resolution No. 2019-55 on November 17, 2019 (Attachment 2), Staff has developed a conceptual safety improvement project to modifr the existing intersection to provide for protected left-tum lanes and traffic signal phasing (Attachment 3). This design requires a small amount of new right-of-way (approximately 260 square feet) at the northwest corner be acquired for the purpose of widening and realignment of the intersection to construct these traffic safety improvements. Staff plans to apply for outside funding to construct the project improvements, and the limitation of the Owner's responsibility with the development project is just the dedication of the right-of-way and the construction of all other non-traffic signal public improvements which would normally be required of a developer.
The Managing Member for the Owner, Rakesh Kumar, has executed the attached Deed of Easement.
Staff recommends adoption of the attached resolution to accept the easement on behalf of the public.
REASON FOR RECOMMENDATION:
The R/W is required and necessary for the construction of future public road and utility improvements by the City.
FISCAL IMPACT:
There is no fiscal impact associated with the acceptance of the easement deed.
ALTERNATIVES:
None recommended.
ACTIONS F'OI,I APPROVAL:
The City Clerk will aflix a certificate of acceptance to the signed easement deed and record the document with the Fresno County Recorder.
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ATTACHME,NT 1
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RESOLUTION NO. 2o 2 211
A RESOLUTION OF THE CITY OF SANGER ACCEPTING A RIGHT OF WAY GRANT OF
EASEMENT FOR PUBLIC STREET AND UTILITY PURPOSES FROM
ZZZRP, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
FOR JENSEN AVENUE
WHEREAS,ZZZRP, LLC ("Owner") submitted a site plan review application for a new office development ("Development Project") on the northwest corner of Jensen and Greenwood Avenues, APN 315-096-18 ("Property"); and
WHEREAS, the City of Sanger has planned for future roadway improvements at the same intersection ("City Project"), in conformance with the Jensen Avenue Corridor Safety Analysis Report, adopted by the City of Sanger under Resolution No. 2019-55; and WHEREAS, one of the conditions of approval for the Development Project was for the dedication of right-of-way for public street and utility purposes for the City's future construction of the City Project; and
WHEREAS, the Owner has agreed to convey a portion of the Property deemed by the City Engineer as necessary for the City Project to the City through a Grant of Easement; and WHEREAS, it is in the best interest of the City of Sanger and its residents to accept the Grant of Easement.
NOW THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Sanger, State of California accepts the right-of-way dedication for public street and utility and purposes.
:& !S t :F * * * * :F * {. rF {. *. {. :F *
The foregoing Resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 6th day of October and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERS:
COLINCILMEMBERS:
COTINCILMEMBERS:
COUNCILMEMBERS:
Rebeca P. Ramirez, City Clerk
143
ATTACHME,NT2
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RESOLUTION NO.2019-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER APPROVING AI\D ADOPTING THE JENSEN AVENUE CORRIDOR SYSTEMIC SAFETY
ANALYSIS REPORT
WHEREAS, the City of Sanger (City) received grant funding under the Systemic Safety Analysis Report Program (SSARP) for the preparation of a safety analysis report for the Jensen Avenue Corridor; and
WHEREAS, since that time, City has collected haffic and pedestrian data, examined collision history information, performed field investigations, conducted traffic operational models and prepared a traffic safety report; and
WHEREAS, the report and all supporting infonnation were prepared and organized using the published SSARP guidelines and the Local Roadway Safety Manual; and WHEREAS, the Jensen Avenue Corridor Safety Analysis Report presents options and priorities for safety enhancement projects along the Jensen Avenue Coridor and will be utilized by City in an effort to obtain funding for safety project implementation through the Highway Safety Improvement Prograrn (HSIP) or other highway safety funding programs; NOW THEREFORE, IT IS HEREBY RESOLVED, that the City of Sanger hereby approves and adopts the Jensen Avenue Corridor Systemic Safety Analysis Report. * * * * * * * * t *,1. * *,i * *,,1
I hereby certifu that the foregoing was duly passed and adopted by the City Council of the City of Sanger, Fresno County, State of Califomia, at its regular meeting thereof held on November 7, 2Ol9,by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
MARTINEZ, ONTIVEROS. GARZA, HURTADO
NONE
NONE
GONZALEZ
ATTEST:
Padron, City Clerk
145
ATTACHME,NT 3
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PROPOSED PROJECT I,YILL INSTALL NEW PRO1ECIED LEFT ruRN POCKETS AND ]RAFFIC gGNAL PHASING AS IIELL AS FLATTENING THE HORIZONTAL CUR!€ FOR JENSEN AIENUE AT GREENWOOO AVENUE TO ADDRESS RELA1ED HIGH ACCIDENT RATES AT SAID INTERSECTION. GREENIVOOD A!€NUE APPROACHES TO REMAIN AS PERMISSIIE LEFT ruRN PHASING.
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ATTACHME,NT4
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City of Sanger
1700 Seventh Street
Sanger, Califomia 93657
APN: 3 l5-096-l 8 (portion)
No recording requircd: Space abovc this line Recorderts Use Exempt pursrant to Codc 27383
No liling fee requlred:
Exempt pursuant to Government Code Section 6103
No payment of document transfer tNx:
Ex€mpt pursuant to Revenue and Taxation Code Section I 1922
DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,ZZZRP, LLC,aCalifornia Limited Liability Company, hereby GRANTS to the City of Sanger, a California Municipal Corporation, a right of way for public street and utilify purposes over, under and across and through that certain real property in the City of Sanger, County of Fresno, State of California, more particularly described as follows:
See Exhibits "A" and "B" attached hereto and incorporated herein by reference GRANTOR:
ZZZRP, LLC, a Califomia Limited Liability Company,
Rakesh Managing Member Date
150
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of
of
personally appeared
who proved to me on the basis of
subscribed to the within instrument
his/her/their authorized capacity(ies),
or the entity upon behalf of which the
before Notary Public,
na and of the officer)
ce to the person(s) whose name(s) is/are
and acknowledged to me ihat he/sheithey executed the same in and that by his/heritheir signature(s) on the instrument the person(s), person(s) acted, executed the instrument.
n
I certify
paragra
under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct.
nd sealITN
ffi''w",
JULIE GALLARDC
Nottn Pubric , Ca,riornra
: ?s.o CoLttv
Cor-;ss;ln r:j8{879
C,.rnr. !/prr35 ,lcv 10. 2025
151
EXHIBIT *A'
Public Street & Utility Easement
APN 3 r 5-096-l 8 (PORTTON)
The land referred to is situated in the County of Fresno, City of Sanger, State of California, and is described as follows:
COMMENCING at the Southeast corner of Lot 6 in Block 172 of the Map of Sanger Heights according to the map thereof recorded in Book 4 of Plats at Page 54, Fresnb Countf Reconds; thence
N 0ol9'51" East along the East line of Lots 5 and 6 of said Block 172, a distance of 35.96 f'eet to a point on a line 17.00*feet North of and paraltel with the south line of Lot 5 of said Block I 72, point also being the TRUE POINT oF BEGINNING of this description; thence North 89"40'09" West along said parallel line and western prolongation, a distance of 160.00 f-eet; thence
North 0"19'51" East along a line parallel to and 10.00 feet west of the west line of said Lot 5, a distance of 4.25 feet; thence
South 89"40'09" East a distance of 5.77 feet, thence
South 89o58'25" East, a distance of 75.83 feet, thence
North 88"19'00" East, a distance of 17.83 feet to the beginning of a tangent curve concave to theNorthwest having a radius of 562.00 feet, thence Northeasterly along said curve through a centralangle of 5"1l'38", a distance of 52.74 feet; thence
North 41o33' 12" Bast, a distance of 12.20 feet to said East line; thence South 0"19'51" West along said East line, a distance of 18.88 feet to the TRUE POINT OFBEGINNING.
Containing an area of 937 squarc feet, more or less, which includes 680 squar-e feet, more or less of existing prescriptive right-of-way, with a resulting area of 257 square fiet, more or less, OF CAL
152
6TH STREETs6940'09"E 160.00'*f
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HEIGHTS BOOK 4, PAGE
54 F.C.R.
ii_:
LEGEND:
AREA TO BE DEDICAIED FOR STREET
RIGHI-OF-WAY PURPOSES.
AREA = 937* S.F.
EXIST1NG PRESCRIPTI!€ RIGHT-OF-WAY
AREA : 680* S.F.
EXIST]NG SEC1ION LINE
EXISI]NG RIGHT-OF_WAY LINE SCAtEi l" = 4O'
FrF:!==o 20' 40'
EX'SNNG STREET CEN1ER LINE
F.C.R.
DETAIL A
FRESNO COUNTY RECORDS
P.O.C. POINT OF COMMENCEMENT
25 L'
A
o
PREVIOUSLY DEDICATED FOR PUBLIC
STREET PURPOSES
AREA ABANDONED BY THE C'TY OF
SANGER, RECORDED IN BOOK 4903,
PAGE 31 AS DOC. NO. 70276 o.R.F.C. SCALE: 1 10'
CUR!€ TABTE
CUR\€ RADIUS DELTA LENGlH
c1 562.00', 5'22'38" 52.74'
ffi L'NE TABLE
L'NE BEARING D'STANCE
L1 sB9?0'09"E 5.77'
L2 N88't9'oo"E 17.83'
L3 N41'33',12"E 12.20'
L4 so't9'5t"w 18.88'
No. E2O4
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PROJECT TIILE
EXHIBIT "B''YarnabE E HrrrrrEnglneer{ng, lnc-
CM|L ENCINEERS. IAND SURYEIaR9
?985N. SURLAV€IUE SU|E r01 FRESNq CA 93727
fEL: t559) 244-31 23 *'EBSrTg: YANOHENGA C OM
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JENSEN AVENUE DEDICATION
SHEET DESCRIPTION
st7t2022
Scale: As Noted
YH Job No. 22-120
Sheet No. 1
of 1 Sheets
PlolBy:JosueVillanueva PlolOala.9t7l2O22 FileLocalioniF:\2022\22-120\dwg\Exhibits\EasemeniDtagrams\22-12o_Oedication.dwg 153
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Fot the Meeting on October 6,2022
Agenda Item No.: H4
CrrYoF SINGER
RE,PORTTO THE, CITY COUNCIL
To:
From:
Subject:
Attachments:
Mayor and Councilmembers
Patrick Chaffee, Administrative Services Director
Measure C Extension Local Transportation Program Funds
Resolution No.2o2-l-"tConcerning Measure C Extension
Transportation Program Funds for Fiscal Year 2022-2023
Local
CONFLICT OF INTEREST:
None known.
RECO TION:
That the City Council adopt Resolution Nor2o2:-7a certifuing eligibility and claiming Measure C Extension Local Transportation Program Funds for Fiscal Year 2022-2023, and authorize the Administrative Services Director to sign and submit the Fiscal Year 2022-2023 claims.
EXECUTIVE SUMMARY:
Fresno County Transportation Authority requires the City Council to certifu eligibility and make claims for Measure C Extension Local Transportation Program Funds made available by a Yz cent Transportation Sales Tax.
BACKGROUND:
Each year the Fresno County Transportation Authority requires the Council to certitr eligibility and make claims for the Measure C Extension Local Transportation Program Funds made available by a% cent Transportation Sales Tax imposed in Fresno County for twenty years between July 1,2007 and June 30,2027 . The Sales Tax extension is estimated to provide $2.169 billion in new revenues for transportation improvements over the next twenty years according to financial projections estimated through the year 2027.
Preoated bv: I( Camarena I
A
Aoproved bv: P Chaffee
REVIE,W: r""*(3CCity Finance: City Attorneyi _
COUNCIL ACTIONTYPE OF ITEM
Consent
Info Item
Action Item
Depattment Report
Redevelopment Agency
APPROVED DENIED NO ACTION
X
X
Public Hearing
Mattet Initiated by a Council Member
Other
Continued to:
154
Approximately 20o/o of Measure C Extension funds over 20 years will be provided to the three public transit agencies within the County (Fresno Area Express [FAX], Clovis Transit and Fresno County Rural Transit Agency [FCRTA]).
The County and every City are guaranteed 15% of Measure C Extension funds to address one of the most troubling transportation problems: how to fund improvements that address the aging street and road systems. Estimated Street Maintenance/Rehabilitation Category Funds for the City of Sanger is $41 6,91 3 for the Fiscal Year 2022-2023.
Local Agencies receive 0.5% of Measure C Extension funds over twenty years for the ADA Compliance Category. Estimated ADA Compliance Category Funds for the City of Sanger is $14,592 for the Fiscal Year 2022-2023.
Approximately l5o/o of Measure C Extension funds will be provided to the local agencies for "flexible" funding programs or for any transportation project the agencies feel is warranted (examples: pothole repair, sidewalks, alley maintenance and repair, signals, and other stop control devices or signage).
Estimated Flexible Category Funds for the City of Sanger is $402,321 for Fiscal Year 2022-2023.
Estimated Pedestrian/Trails Rural Category Funds for the City of Sanger is $91,072 and Estimated Bicycle Facilities Regional Transportation Program Category Funds for the City of Sanger is $22,656 for the Fiscal Y ear 2022-2023.
REASON FOR RECOMMENDATION:
To collect the allocation of Measure C Extension funds each agency must fumish the Transportation Authority with an executed FY 2022-2023 Certifications and a Claim form with an appropriate resolution from that City.
FISCAL IMPACT:
The Fresno County Transportation Authority has estimated that the City of Sanger's total allocation for the fiscal year 2022-2023 is $947,554. Measure C Extension funds are restricted to expenditures for the Local Transportation Program
ALTERNATIVES:
The altemative is to not pass the resolution and forfeit the Measure C Extension funds.
ACTIONS FOLLOWING APPROVAL:
City staff will furnish the Fresno County Transportation Authority with the FY 2022-2023 Certifications and Claim forms for each sub-program and appropriate resolutions. \\nas l\shared\Forms & Templates
155
RESOLUTION NO. 2o"2-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER
CERTIFYING ELIGIBILITY AND CLAIMING MEASURE C EXTENSION LOCAL TRANSPORTATION PROGRAM FUNDS FOR FISCAL YEAR 2022.2023
WHEREAS, the City of Sanger (the "City") is an eligible claimant of funds for the Local Transportation Program pursuant to Califomia Public Utilities Code Section142257; and WHEREAS, the Fresno County Transportation Authority (the "Authority") has adopted an Annual Resolution of Allocation for the fiscal year 2022-2023, setting the percentages of collected retail transactions and use tax as the portion available to the City for local transportation pulposes.
NOW THEREFORE,IT IS RESOLVED BY THE COUNCIL OF THE CITY OF SANGER, AS FOLLOWS:
1. The City hereby submits its Local Transportation Pass-Through Revenues Certification and Claims (Measure C Extension) for the hscal year 2022-2023.
2. The City hereby requests the release of funds to the City on a monthly basis as funds are received in proportion to the adopted percentages for each program and sub-program, which are based on actual receipts.
3. The Council of the City hereby certifies:
That Local Transportation Program Funds will not be used to substitute for Property Tax Funds that the City had previously used for local transportation purposes; and
That the City has and will segregate property tax revenues from the City's other general fund revenues used to support local transportation purposes so that verification of non-substitution can be proved through an audit; and That the City shall account for Local Transportation Purpose Funds received pursuant to Public Utilities Code Section142257 separately from all other funds. The City shall maintain records in accordance with generally accepted accounting principles, and shall separately record expenditures for each type of eligible purpose. The City shall make such records available to the Authority for inspection or audit any time; and
That the City shall complete the prior fiscal year reporting requirements and claims forms no later than November 15, 2022. Reports not filed with the Authority by November 15, 2022, will result in a stoppage of allocations until a completed report is filed for each program and sub-program. a.
b
c
d
156
4. The City understands that should a financial or compliance audit reveal that the City of Sanger violated any of the requirements set forth in paragraphs 3 (a), (b), or (c), of this resolution, the Authority may seek to take immediate steps to resolve the violation in accordance with its adopted procedures.
5. The City hereby requests the Authority to allocate all funds that become available from the Local Transportation Purpose Funds to the City for the fiscal yeau. 2022-2023, as identified in the attached claim forms and indicated below, in accordance with the adopted ooProcedures for Administration of Funds for Local Transportation Purposes".
Local Transportation Sub Program Allocations
Street Maintenance $ 416,913
ADA Compliance 14,592
Flexible Funding 402j21
Pedestrian/Trails Rural 91,072
Bicycle Facilities 22.656
Total Allocation $ 947,554
The foregoing Resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 6th day of October 2022 and passed by the following vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Rebecca P. Ramirez, City Clerk
157
For the Meeting of:
Agenda Item No.:
October 6,2022
I-rCrrYoF SINGER
REPORTTO THE, CITY COUNCIL
To: Mayor and City Council
From: Esperanza Rosales, Management Analyst
Subject: Resolutions for New Water Well #19 Funding Application to State Water Resources Control Board Division of Financial Assistance Attachments: 1) Authorizing Resolution No. 2022 -a q
2) Reimbursement Resolution No.2022 - Y O
Coxrr,tcr or lNrnnnsr:
None known.
RrcomvrrcNDATroN
Staff recommends that the City Council:
1. Adopt Resolution No.2022 - -7 dt , authorizing the City Manager to sign and submit a Financial Assistance Application to the State Water Resources Control Board for the design and construction o f Well # 1 9 (Autho rizing Resolution).
2. Adopt Resolution No.2022 - ?O , designating the amount of project expenditures to be reimbursed by the State Water Resources Control Board for the design and construction of Well # I 9 (Reimbursement Resolution).
Exncurrvn Sumvrlny
Staff is pursuing a Drinking Water State Revolving Fund (DWSRF) loan from the State Water Resources Control Board (SWRCB) to qualifu for the Incentive Program for consolidation of a disadvantaged water system (Tombstone). The funding would be to cover design and construction costs for Well #19. Self Help Enterprises, the City's Technical Assistance Contractor, and City staff have been working to develop Prepared by: Apptoved by:
REVIEW: City C Finance: City Attorneyi _
TYPE OF ITEM:
ACTION
X Consent
Info Item
X Action Item
Deoartment Reoort
Redevelooment Asencvro
COUNCIL ACTION: APPROVED DENIED NO
Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
158
components of the DWSRF application for the project. To finalize the application, Council adoption of two resolutions is required. The items currently brought for Council approval are:
1. Adoption of Authorizing Resolution (Attachment 1) Authorizing the City Manager or his designee to apply for a DWSRF loan for construction of the Well #19 project. The resolution also authorizes the City Manager to execute financial assistance agreements and any amendments with the SWRCB. The financial assistance agreements do not obligate the City to borrow funding.
2. Adoption of Reimbursement Resolution (Attachment 2) The DWSRF program requires the City to pay for the project costs and then be reimbursed by the loan. Through the Reimbursement Resolution, the City Council will designate a maximum of $3.8 million dollars in funding for expenditures for the Well #19 project.
BlcrcnouNr
The City applied for a Technical Assistance grant for the planning and environmental stages of a new well, identified as Well #19 and located in the vicinity ofNorth and Greenwood Avenues. The Technical Assistance grant request was approved with Self-Help Enterprises working as a Technical Assistance contractor with the State Water Board on the City's behalf. City staff moved forward with the planning and environmental services needed to advance the Well #19 project. In order to qualify for the SWRCB's Incentive Program which may provide grant funding, zero to low interest loan funding or other form of contribution as incentive for extending service to Tombstone, the City must submit the general package portion of the funding application for the Well #19 project. Self-Help Enterprises has prepared the general package forms and new arithorizing resolutions (attached to this staff report as Attachment I and Attachment 2) must be adopted to authorize the City Manager to also sign any and all funding paperwork associated with the new $3.8 million-dollar funding application and to designate the amount of project expenditures to be reimbursed by SWRCB. If adopted, Staff will continue working with Self-Help to complete the general package of the Well #19 funding application. Financial assistance agreements do not obligate the City to borrow funding. If the City desires to borrow funds in addition to any incentive grant funding, the terms of the loan will be brought back to council before executing.
RrlsoN non RrcovrvrnxolrroN
Authorization is needed from the City Council in order to submit the general package funding application for Well #19 to qualifu for the Incentive Program for consolidation of a disadvantaged water system (Tombstone).
Frsclt,Innp,rcr
There are no direct fiscal impacts associated with the adoption of these resolutions. Applying for funding does not obligate the City to borrow the financing amount. The resource impact of the proceeding with the project will be evaluated when staff brings the construction contracts to the City Council to approve and award.
Ar,rnnNlrrvns
None recommended.
Acuons Followrxc AppRovlr,
The approved resolutions will be submitted with the general package funding application. 159
l
I
ATTACHMENT I
160
RESOLUTTON NO. 2022 - 1 q
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER
AUTHORIZING A FUNDING APPLICATION FOR A NEW WATER
WELL FROM STATE WATER RESOURCES CONTROL BOARI)
(AUTHORIZTNG RE SOLUTTON)
WHEREAS, the City of Sanger desires to apply for a funding application for a new Water Well from the State Water Resources Control Board.
NOW BE IT RESOLVED by the City Council of the City of Sanger (the "Entity"), as follows:
1. The foregoing recital is true and coruect and incorporated by reference.
2. The City Manager (the "Authorized Representative") or designee is hereby authorized and directed to sign and file, for and on behalf of the Entity, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of New Water Well, Well #19 (the "Project").
3. This Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.
4. The Authorized Representative, or his/her designee, is designated to represent the Entity in carrying out the Entity's responsibilities under the financing agreement, including certifuing disbursement requests on behalf of the Entity and compliance with applicable state and federal laws.
5. This resolution is effective upon adoption.
AYES:
NOES:
ABSTAIN
ABSENT:
CERTIFICATION
I do hereby certiff that the foregoing is a full, true, and correct copy ofa resolution duly and regularly adopted at a meeting of the Sanger City Council held on the 6ft day of October 2022.
ATTEST:
Rebeca P. Ramirez, City Clerk
161
i
ATTACHMENT 2
162
RESOLUTTON NO. 2022 - 80
RESOLUTION OF' THE CITY COUNCIL OF THE CITY OF
SANGER DESIGNATING THE AMOUNT OF PROJECT
EXPENDITURES TO BE REIMBURSED BY THE STATE
WATER RESOURCES CONTROL BOARD FOR THE DESIGN
AND CONSTRUCTION OF WELL 19 (REIMBURSEMENT
RESOLUTTON)
WHEREAS, the City of Sanger (the "Agency") desires to finance the costs of constructing and/or reconstructing certain public facilities and improvements relating to its water system, including certain treatment facilities, pipelines and other infrastructure (the "Project"); and WHEREAS, the Agency intends to finance the construction and/or reconstruction of the Project or portions of the Project with moneys ("Project Funds") provided by the State of California, acting by and through the State Water Resources Control Board (State Water Board); and WHEREAS, the State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations"), and
WHEREAS, prior to either the issuance of the Obligations or the approval by the State Water Board of the Project Funds the Agency desires to incur certain capital expenditures (the "Expenditures") with respect to the Project from available moneys of the Agency; and WHEREAS, the Agency has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the Agency for the Expenditures from the proceeds of the Obligations.
NOW, THEREFORE, THE AGENCY DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS:
SECTION l. The Agency hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the State Water Board ofthe Project Funds.
SECTION 2. The reasonably expected maximum principal amount of the Project Funds is $3,800,000.00.
SECTION 3. This resolution is being adopted no later than 60 days after the date on which the Agency will expend moneys for the construction portion of the Project costs to be reimbursed with Project Funds.
SECTION 4. Each Agency expenditure will be of atype properly chargeable to a capital account under general federal income tax principles.
163
SECTION 5. To the best of our knowledge, this Agency is not aware of the previous adoption of official intents by the Agency that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued.
SECTION 6. This resolution is adopted as official intent of the Agency in order to comply with Treasury Regulation $1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs.
SECTION 7. All the recitals in this Resolution are true and correct and this Agency so finds, determines and represents.
AYES:
NOES:
ABSTAIN:
ABSENT:
CERTIFICATION
I do hereby certifu that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the Sanger City Council held on the 6th day of October 2022.
ATTEST:
Rebeca P. Ramirez, City Clerk
164