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
SANGER CITY COUNCIL
REGULAR MEETING
THURSDAY, AUGUST 17, 2023
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. OPENING CEREMONIES
Invocation
Flag Salute
Roll Call
C. AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS
D. CEREMONIAL MATTERS
1. Recognition of Alyssa Samorano, USA Boxing Nationals Champion.
2. Presentation by Senator Melissa Hurtado relating to a Police Communications Center for the Sanger Police Department.
E. PRESENTATION
1. The CrisCom Company Quarterly Report.
F. PUBLIC 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.
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.
1 City Council Agenda
August 17, 2023
G. CONSENT CALENDAR
(Matters listed under the consent calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Councilmember may request an item be removed from the Consent Calendar and it will be considered separately.)
1. SUBJECT: Warrants including Check Nos. 89676 through 89876.
RECOMMENDATION: Informational item.
2. SUBJECT: Payroll including Direct Deposit Nos. 60260 through 60511; Payroll Check Nos. 59048 through 59102; and Benefit Check Nos. 1908 through 1915.
RECOMMENDATION: That the City Council approve.
3. SUBJECT: Police Department Monthly Report.
RECOMMENDATION: Informational item.
4. SUBJECT: K Street and Almond Avenue Reconstruction Project.
RECOMMENDATION: That the City Council:
1. Award the contract for the project to AJ Excavation, Inc., 9662 W.
Kearney Blvd., Fresno, CA 93706, in the amount of $507,492.00, as lowest responsive and responsible bidder; and
2. Approve a construction contingency for change orders in the amount of $50,800 (10%) for this project; and
3. Authorize the Acting City Manager to execute contract documents on behalf of the City.
5. SUBJECT: Zoning Ordinance Map Amendment No. 2023-02.
RECOMMENDATION: That the City Council waive the full second reading and adopt Ordinance No. 2023-07, amending the City of Sanger Zoning Map for the pre-annexation zoning of two parcels from Fresno County’s AE-10 (Exclusive Agricultural) to the City’s R-1-6 (Single Family Residential District) for two parcels of approximately 28.37 acres generally located south of E. North Avenue, east of S. Bethel Avenue, and west of S. Greenwood Avenue (APNs 332-090-01 and 332-090-03).
6. SUBJECT: Fresno-Madera Area Agency on Aging Contract for FY 2023-2024.
RECOMMENDATION: That the City Council adopt Resolution No. 2023-43 approving contracts with the Fresno-Madera Area Agency on Aging for the Title III CI Congregate Nutrition Program for Older Adults and authorize the Acting City Manager to execute the contracts.
7. SUBJECT: Purchase of Three New Vehicles for the Public Works Department.
RECOMMENDATION: That the City Council authorize the purchase of three (3) new Chevrolet work trucks for the Public Works Department from Sanger Sequoia Chevrolet in the amount of $133,456.48.
2 City Council Agenda
August 17, 2023
8. SUBJECT: Purchase of Vehicles for the Police Department.
RECOMMENDATION: That the City Council authorize the City Purchasing Agent to spend up to $95,000 to purchase two used trucks for the Police Department.
H. DEPARTMENT REPORTS
1. SUBJECT: Appointment to Citizens Oversight Committee – Measure S.
RECOMMENDATION: That the City Council approve Mayor Gonzalez’s recommendation to reappoint Monique Reyna and appoint Elizabe th Gonzalez to fill two vacancies on the Citizens Oversight Committee – Measure S with terms ending June 30, 2025.
2. SUBJECT: Somerset Park – Preferred Option.
RECOMMENDATION: That the City Council receive Staff’s report and confirm Somerset Park – Preferred Option.
3. SUBJECT: Fresno County CDBG Project No. 22611 – Chavez Park Sports Lighting.
RECOMMENDATION: That the City Council approve the Agreement with the County of Fresno for Community Development Block Grant Cesar Ch avez Parks Improvement Project N o. 22611 and authorize the Acting City Manager to execute the Agreement on behalf of the City.
4. SUBJECT: Fresno Council of Government s 2023/2024 Call for Projects – Surface Transportation Block Grant Program , Congestion Mitigation and Air Quality Improvement Program, and Carbon Reduction Program.
RECOMMENDATION: That the City Council adopt Resolution No. 2023-44 supporting and implementing timely use of funds on federal -aid transportation projects, and approve the project list proposed by Staff.
5. SUBJECT: Agreement between the City of Sanger and Lozano Smith Attorneys at Law.
RECOMMENDATION: That the City Council approve the Agreement for Legal Services with Lozano Smith for legal services relating to wrongful employment practices and authorize the Actin g City Manager to execute the Agreement.
6. SUBJECT: Consulting Services Agreement with Recruitment Firm for City Manager Recruitment.
RECOMMENDATION: That the City Council receive report regarding proposals from Ralph Andersen & Associates and Koff & Asso ciates and to consider and determine whether to approve a consulting services agreement with one of the firms per City’s standard consultant agreement form approved by City Attorney.
3 City Council Agenda
August 17, 2023
7. SUBJECT: Acting City Manager Appointment and Acting Pay.
RECOMMENDATION: That the City Council consider whether to confirm the appointment of Police Chief Greg Garner as Acting City Manager, and approve 5% Acting Pay beginning July 13, 2023, and ending upon appointment of an Interim City Manager.
I. CITY MANAGER/STAFF COMMUNICATION
J. MATTERS INITIATED BY CITY COUNCILMEMBERS
(This portion of the meeting is reserved for Councilmembers 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. SUBJECT: Discussion regarding Senate Bill 423 – Councilmember Montelongo.
K. ADJOURNMENT
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 11th day of August 2023.
Rebeca Padron, City Clerk
ADA COMPLIANCE AND REASONABLE ACCOMMODATIONS POLICY. The Council has adopted a Reasonable Accommodation Policy whic h is available on the City website at www.ci.sanger.ca.us or upon request by emailing the City Clerk at [email protected]. The Policy provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. If you need assistance in order to attend this Council meeting or require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the C ouncil, please email the City Clerk or call by phone at (559) 876 -6300 extension 1350 so such aids or services can be arranged.
Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation.
NOTICE OF AVAILABILITY OF AGENDA DOCUMENTS. Writings related to the agenda are available at Sanger City Hall, 1700 7 th Street, Sanger, CA 93657 and are posted online at www.ci.sanger.ca.us. Writings provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office located at Sanger City Hall, 1700 7 th Street, Sanger, CA 93567 and will be posted online at www.ci.sanger.ca.us.
4 For the Meeting of: August 17,2023
Agenda Item No.
CrrYoF SINGER
REPORTTO THE CITY COUNCIL
!-t
To:
From:
Subject:
Mayor and City Council
Patrick Chaffee, Administrative Services Director
Warrants
RECOMMENDATION:
This is not an action item. The attached Final Check List(s) includes Check Nos. 89676 through 89876.
Pteoared bv: Rebeca Padron Apptoved by:
REVIEW: City Manager:tu Finance: Citv Attornev:
TYPE OF ITEM:
X
X
Consent
Info Item
Action Item
Depattment Report
Redevelopment Agency
COUNCILACTION: APPROVED DENIED NOACTION
Public Hearing
Matter Initiated by a Council Membet
Other
Continued to:
5 apChklst
0611612023 5:06:51PM
FinalCheck List
Gity of Sanger
6t12t2023
5t22t2023
6t5t2023
5t30t2023
6t15t2023
5t31t2023
6t12t2023
Void choL( # 841.00
3,628.99
3,274.66
1,978.60
1,876.57
641.84
568.00
573.97
1,711.63
478.50
279.99
10,220.17
30.71 54.12
Page: 1
Check Total
3,078.78
167.00
1;245.00
35.00 100.02
266.00
11,969.66
573.97
2,470.12
10,250.88
54.12 160,139.00
4,840.06
5.35 Bank: waap WESTAMERTCA BANK
Check # Date
89676 6t16t2023
Voucher:
89677 6t16t2023
Voucher:
89678 6t16t2023
Voucher:
89679 6t16t2023
Voucher:
89680 6t16t2023
Voucher:
89681 6t16t2023
Voucher:
89682 6t16t2023
Voucher:
89685 6t16t2023
Voucher:
89686 6t16t2023
Voucher:
89687 6t16t2023
Voucher:
89688 6t16t2023
Voucher:
89689 6t16t2023
Voucher:
Vendor
10801
04418
11604
1 0738
00025
12362
07024
11225
02307
07711
09934
10312
lnvoice
1-800 BOARDUP 5963
2417 PET VETS 73883
ADVENTIST HEALTH TOXICOIl 928
ALARMWATCH 623928
ALERT-O-LITE, INC. 134040
ALLBRITTEN 135083785
AMERITAS 301379
301 379
301379
301 379
301379
301 379
APACHE SMOG INC 52154
AT&T MOB|L|TY 287286160185
831514171
287288454255
AXON ENTERPRISES, INC 132387
1 08854
BEST UNIFORMS 43300
lnv Date Description Amount Paid
311012023 BOARD UP SRV (2656 JE:NSE g,OTB7a
6t13t2023 VET CARE tD#151691 167.00
61512023 DRUG/ALCOHOL TESTING 1,245.00
5t20t2023 ALARM MONITOR (pD) 35.00
512512023 XL GLOVES/TRIMMER/UI-TRA 1OO.O2
61712023 THERMOCOUPLE REP 266.00
EMP DENTAL INS 6/9/23
EMP DENTAL INS 5/19/23
EMP DENTAL INS 6/2/23
EMP DENTAL INS 5/26123
ADMIN FEE (MAY)
ADMIN FEE (APR)
SMOG89683 6t16t2023 04701
Voucher:
89684 6t16t2023 07501
Voucher:
513112023 MDTAIR CARDS/CELL SRV
511912023 CELL PHN CHRGS
51212023 CELL PHN CHRGS (FD)
1I2OI2O23 BODY WORN CAMERAS
1OI 1612022 HELMET MOUNT
611412023 SETS EXPLORER (FD)
CALGON CARBON CORP. 90163260 61112023 GAC EXCHANGE WELL#14 160,139.00 CENCALAUTO & TRUCK PAR-MAY 5131 12023 AUTO PARTS/COOLERS 4,840.66 CHAPA, TIM REIMB 6t5t2023 PARKTNG 6-5-23 5.35
Page: 1
6 apChklst
0611612023 5:06:51PM
Bank: waap WESTAMERICA BANK
Gheck# Date Vendor
FinalCheck List
City of Sanger
Page: 2
(Continued)
lnvoice
!0\(l
lnv Date Description Amount Paid Gheck Total
89690 611612023 00922 CHEVROLET BUICK GMC 109895 12t30t2022 VEHC MATNT'16 CHEV 11,523.15 11,523.15 Voucher:
89691 611612023 11000 CIVICPLUS 263076 5t17t2023 MUN|CODEADMilNSUPITOR] 1,380.89 1,380.89 Voucher:
89692 611612023 12116 CLARE M GIBSON, LAW OFF|(1117 4t1t2023 PROF LEGAL SRVS 154.00 154.00 Voucher:
89693 611612023 09872 COMCAST 174492274 6t1t2023 TELECOMMSRVS#90535785 2,521.04 voucher: 173266098 st1st2023 ETHERNETSRVS(5o1 A|3AD) 704.07 3,22s.11 89694 611612023 08477 COMCAST CABLE 230483 6t3t2023 TNTERNET CAM (501 AC/\D) # 255.34 255.34 Voucher:
89695 611612023 02714 COOKS COMMUNTCATTON CO154128 5t26t2023 EQUtp TNSTALL 21,637.89 Voucher: 154052 511712023 K9 TRANSPORT SYSTEIV| 5,260.00 154020 5t12t2023 MIC/L|CENSE KEY/|NSTALL 1,429.61
153905 513112023 BEAR MTN REPEATER 471.41
154127 5t26t2023 STTCO REp/MtC 207.73 29,006.64
89696 611612023 05241 CORELOGTC INFORMATION 530668912 5t31t2023 METROSCAN SRV 548.72 548.72 Voucher:
89697 6t16t2023 00188 CPS HR CONSULTTNG 2287 5t26t2023 pRE-EMp EXAMS 803.00 Voucher: 2286 512612023 PRE-EMP EXAMS 572.00 1,375.00
89698 6t1612023 11727 CSG CONSULTANTS lNC. 50893 5t12t2023 BLDG, F|RE & PLANNTNG|SR\ 23,975.00 Voucher: 230684 51112023 BLDG PLAN REVIEW SR\/CS 8,385.87 8e6ee 6t16t2ozs 0051s cuRts & soNS, L N 333?33 2:,:!::rtit 55rt^??ll'ffiJl-* sRvcs t
3333?
33'3e5 87
Voucher: 7O17O2 51412023 AIRLINEADAPTOR 847.96
714059 6t13t2023 SPRTNG CL|P 244.03 2,087.20
. Voucher:
89701 611612023 08950 EMMETT VALLEY CONSTRUC'REFUND 513112023 HYDRANT DEPOSIT 44.40 44,40 Voucher:
89702 6t16t2023 11329 ENERPOWER 72867 6t112023 ELECTRTC RATE SAVTNGS 1,474.00 1,474.00 Voucher:
89703 6t16t2023 00294 ENTENMANN-ROV|N COMPAN171242 2t2t2023 DOME BADGE 441.49 441.49 Voucher:
89704 6t16t2023 11980 EXECUTTVE DTSTRTBUTORS [60123 6t1t2023 BALL|ST|C HELMETS 939.97 939.97 Voucher:
Page:2
7 apChkLst
0611612023 5:06:51PM
waap WESTAMERICA BANK
Date Vendor
(Continued)
lnvoice
FASTENAL COMPANY 1122550
1122738
1122533
9651 95539FEDERAL EXPRESS
FI RE APPARATUS SOLUTIONS26357
26359
FRESNOALARM COMPANY 24306
FRESNO COUNTY SHERIFF 20634
20419
FRESNO COUNTY TREASURE2657 51
FRESNO COUNTY TREASURE 12360
GARCIA, ANTHONY REIMB
GBAUTO SERVICE, INC 16956
GONZALEZ, FRANK REIMB
HARTFO RD-P R I O R ITY ACCTS 5645921 4457 9
HAYDON CONSTRUCTION I N(23030331 23
Page: 3
Amount Paid Check Totallnv Date Description
XL GLV
XL GLV
XL GLV/XL CVRALL
LATE FEE (HR)
PUMP COOLER #E121
AIR HORN REPAIR #E121
ALARM MONITOR
FinalCheck List
City of Sanger
Bank
Check #
89706
89707
89708
89709
89710
89711
89712
8971 3
89714
8971 5
89716
89717
6t16t2023
Voucher:
6t16t2023
Voucher:
6t16t2023
Voucher:
6t16t2023
Voucher:
6t16t2023
Voucher:
6t16t2023
Voucher:
6t16t2023
Voucher:
6t16t2023
Voucher:
6t16t2023
Voucher:
6t16t2023
Voucher:
6t16t2023
Voucher:
6t16t2023
Voucher:
296.17
296.17
72.39 5.75
678.92
581.95
75.00 35,259.60
35,259.60
68.20 8,820.00
56.33 339.70
33.73 2,955.41
4,083.45
888.11
207.95
207.95
990.20
4,331.23
1,450.00
1,400.00
664.73
5.75 1,260.87
75.00 70,519.20
68.20 8,920.00
56.33 339.70
33.73 2,955.41
4,083.45
1,304.01
990.20
4,331.23
2,850.00
89705 6t16t2023 08468
Voucher:
5t19t2023
612t2023
5t18t2023
6t2t2023
5t2512023
512612023
6t1t2023
00300
09586
05055
04867
00326
12360
11174
02931
10524
08753
01177
02560
6t2t2023
6t16t2023
6t2t2023
6128t2022
6t13t2023
5t512023
6t14t2023
6t15t2023
3t29t2023
DISPATCHING SERVICES;
DISPATCHING SERVICES;
PENALTY FEE #170141 0/RD)
PARAMEDTC TU|T|ON 07122 (tV
MILEAGE
A/C MAINT - NISSAN LEAF
TAXI 5/23
EMP LTD & LIFE INS-JUNE
REPAIR WTR LINE
HENRY SCHEIN INC 39050332
39603903
39603903
INTERSTATE BATTERIES 9082501
INTERSTATE GAS SERVICES 17021726
KAWAGOE, PHD, KENT M APR2O23-PD
APR2O23.FD
BOX REFRIGERATOR LCICK
SODIUM BICARB
SODIUM BICARB
BATTERY89718 6t16r2023 06719
Voucher:
89719 6t16t2023 09581
Voucher:
89720 6t16t2023 06150
Voucher:
5t17t2023
5t23t2023
2t27t2023
5t28t2023
61112023 RATE STUDY
4t30t2023
4t30t2023
PRE-EMP PSYCH EVAL
PRE-EMP PSYCH EVAL
Page: 3
8 apChklst
0611612023 5:06:5{PM
Bank: waap WESTAMERICA BANK
Gheck# Date Vendor
(Continued)
Invoice
KINGS INDUSTRIAL OCC MED189956
KOEFRAN 550250
LANGSCAPING 224899
22-4900
LES SCHWAB TIRES 56400329087
LEXIS NEXIS COPLOGIC SOLI2O23O531
LI EBERT CASSI DY WH ITMORI 240447
LORENTE, RYAN PERDIEM
LOZANO SMITH 2187011
2189434
2187019
2189441
2189436
2187010
2189437
MARTINEZ, DANIEL REIMB
MICHAEL'S TOWING OF SANC19216
19217
MIGHTY MART INC. 053123
MINERAL KING PUBLISHING I16080
MISSION LINEN SUPPLY MAY
MONTOY LAW CORPORATIOIgO3s
Page: 4
Amount Paid Check Total
1,808.76
350.00
Inv Date Descriotion
51912023 PRE-EMP PHYSICALS
513112023 ACO FREEZERS
FinalGheck List
Gity of Sanger
89721 6t16t2023
Voucher:
89722 6t16t2023
Voucher:
89723 6t16t2023
Voucher:
89724 6t16t2023
Voucher:
89725 6t16t2023
Voucher:
89726 6t16t2023
Voucher:
89727 6t16t2023
Voucher:
89728 6t16t2023
Voucher:
89729
89730
89731
89732
89733
89734
6t16t2023
Voucher:
6t1612023
Voucher:
6t16t2023
Voucher:
6t16t2023
Voucher:
6t16t2023
Voucher:
6t16t2023
Voucher:
11757
11627
091 38
10019
12029
00533
08954
02614
10522
11856
06909
00811
00596
08717
6t14t2023
611412023
6t6t2023
LANDSCAPE MAINT-MA\/
LAN DSCAPE MAI NT.OLI EVET
TIRE REP
9,707.00
2,715.00
736.06
960.00
127.50
225.00
2,957.00
2,798.50
1,886.00
780.00
292.50
227.50
't95.00
53.00 335.00
218.00
117.07
30.00 1,745.13
9,460.00
1,808.76
350.00
12,422.00
736.06
960.00
127.50
225.00
9,136.50
53.00 553.00
117.07
30.00 1,745.13
9,460.00
513112023 ONLINE REPORTING SYST
4I3OI2O23 PROF LEGAL SRVS
4t5t2023 PER D|EM 5-21-23
4112t2023
5t10t2023
4t12t2023
5t10t2023
5110t2023
4t12t2023
5t10t2023
6t6t2023
PROF LEGAL SRVS
PROF LEGAL SRVS
PROF LEGAL SRVS
PROF LEGAL SRVS
PROF LEGAL SRVS
PROF LEGAL SRVS
PROF LEGAL SRVS
MONORAILITAJ,I 5123
5t11t2023
5119t2023
5t31t2023
TOWING SRV
TOWING SRV
FUEL (MOTORS)
5t31t2023 SUBSCRtpTtON (PLANNtNG)
513112023 PW UNIFORM/LINEN SRV
512312023 PROF LEGAL SRVS
Page:4
9 apChkLst
0611612023 5:06:51PM
FinalGheck List
Gity of Sanger
5t31t2023
6t7t2023
6t14t2023
6t1t2023
6t9t2023
6t7t2023
6114t2023
6t1t2023
6t8t2023
6t14t2023
6t1t2023
617t2023
6t14t2023
5t23t2023
5t24t2023
5t31t2023
Amount Paid
1,148.00
458.00
432.00
226.00
185.00
160.00
128.00
96.00 80.00
80.00 50.00
46.00 46.00
32.00 16.00
106,550.50
Page: 5
Gheck Total
3,183.00
106,550.50
5,105.00
2,413.75
17.39 12,620.00
1,587.91
2,775.00
2,939.07
159.00
Bank : waap WESTAMERICA BANK
Check # Date Vendor
89735 6t16t2023 08962
Voucher:
(Continued)
lnvoice
MOORE TWI N I NG ASSOCIATE 337 1 584
3371866
3372129
3371650
3371 980
3371867
3372130
3371660
3371 956
3372135
3371649
3371868
3372128
3371247
3371296
MUNIQUIP, LLC 106454
NAVIA BENEFIT SOLUTIONS FUNDS
1 030641
oFFtcE DEPOT 89444562
O'REILLYAUTO PARTS 463572
PI NNACLE TRAI NI NG SYSTEIV8545
8354
8423
PIONEER EQUIP CO 98052
POLLUTANTS LABORATORI ES300246
300245
3001 03
PRECISION CONCRETE CUT]53678
lnv Date Description
WORKSITE WELLNESS
WORKSITE WELLNESS
WORKSITE WELLNESS
LAWN MOWER SUPPLIES
WATER TESTING
WATER TESTING
WATER TESTING
WATER SAMPLING
WATER TESTING
WATER TESTING
WATER TESTING
WATER SAMPLING
WATER TESTING
WATER TESTING
WATER SAMPLING
WATER TESTING
WATER TESTING
WATER SAMPLING
WATER SAMPLING
DOMESTIC BAR SCREEI{ (\ A89736 6t16t2023
Voucher:
89737 6t16t2023
Voucher:
89738 6t16t2023
Voucher:
89739 6t16t2023
Voucher:
89740 6t16t2023
Voucher:
12320
11735
03356
08739
10705
611412023 HRA FUNDING
6t8t2023 ADMTN FEE (JUNE 23)
513112023 OFFICE SUPPLIES/CPY I'PR
61212023 ANTIFREZ
5,000.00
105.00
2,413.75
17.39 4,725.00
4,295.00
3,600.00
1,587 .91
1,794.00
598.00
383.00
2,939.07
5t3t2023
5t3t2023
8t2t2022
6t2t202389741 6t16t2023 00693
Voucher:
89742 6t16t2023 12361
Voucher:
89743 6t16t2023 10190
Voucher:
89744 6116t2023 10673
Voucher:
5t26t2023
5t26t2023
5t24t2023
6t6t2023
WATER TESTING
WATER TESTING
WATER TESTING
SIDEWALK REP
PRI MANAGEMENTGROUP 21390 51212023 WEBINAR/B,MUNOZ 159.00 Page: 5
10 apChkLst
0611612023 5:06:51pM
FinalGheck List
Gity of Sanger Page: 6
89746 6t16t2023
Voucher:
89747 6t16t2023
Voucher:
89748 6t16t2023
Voucher:
89749 6t16t2023
Voucher:
Bank : waap WESTAMERTCA BANK
Gheck # Date Vendor
89745 6t16t2023 03989
Voucher:
(Continued)
lnvoice
PROFESSIONAL PRINT & MAII116839
116840
116854
RASMUSSEN PUMP CO. INC 12602
SAN JOAQUIN VALLEY UNIFIEC35O279
c35031 7
SANGER PAINT SUPPLY INC 60943
SEASONS & REASONS, LLC 1468
1467
1466
SELF HELP ENTERPRISES SANADM0223
SANADM0323
SANADMO423
SANADMO523
SELMAACE HARDWARE 817978
SILVA'S OIL COMPANY INC. 454121
SITEONE LANDSCAPES INC 130208630-1
SPARKLETTS 10553809
SUBURBAN PROPANE 421043
462163
462257
462181
SUPERIOR POOL PRODUCTS 2O23OO5
SURVEILLANCE INTEGRATIOlSl 32
81 33
Description
INSIDE SGR VOL#132 (JUNE)
UTILIry BILING SRVS
WATER SCHEDULE
INSTALL MOTORS
PERMIT FEE ID#C8302
WELL 25 tD#C9725
PAINT SUPPLIES #60943
MILITARY BANNERS INSTALL
BANNERS
TOM FLORES SIGNS
SANADM (FEB 23)
SANADM (MAR 23)
SANADM (APR 23)
SANADM (MAY 23)
COOLER PUMP/STIFF
PROPANE
PROPANE
PROPANE
PROPANE
BULK CHLORINE (WELL 9)
ACCESS CONTROL SYSI'EM
NEWACCESS CONTROL SYS
06821
02226
07757
04984
lnv Date
5t31t2023
6t5t2023
6t2t2023
5t17t2023
6t1t2023
6t1t2023
5t15t2023
5t24t2023
5t24t2023
5t23t2023
5t1t2023
6t5t2023
6t6t2023
6t6t2023
5t30t2023
5t31t2023
5t24t2023
6t2t2023
5t26t2023
5t24t2023
616t2023
6t6t2023
4,900.00
880.00
250.00
977.75
897.75
879.75
879.75
119.30
Amount Paid
1,978.06
1,174.39
985.81
1,200.00
290.00
290.00
229.24
Gheck Total
4,139.26
1,200.00
580.00
229.24
6,030.00
3,63s.00
119.30
335.98
1,951.81
173.85
1,420.04
704.55
35,963.61
89750 6t16t2023 09567
Voucher:
89751 6t16t2023
Voucher:
89752 6t16t2023
Voucher:
89753 6t16t2023
Voucher;
89754 6t16t2023
Voucher:
89755 6t16t2023
Voucher:
11812
03709
09290
02536
11796
5t25t2023 otl
511912023 REPAIR SUPPLIES
5I2OI2O23 BOTTLED WATER
335.98
1,951.91
173.85
486.34
368.76
328.52
236.42
704.55
31,952.29
3,911.32
89756 6t16t2023 10973
Voucher:
89757 6t16t2023 11745
Voucher:
Page:6
11 apChkLst
0611612023 5:06:51PM
52.8620.002
52.8620.001
REIMB
6t2t2023
6t6t2023
5t26t2023
5t30t2023
6t6t2023
6t5t2023
5t31t2023
6t8t2023
6t8t2023
5t11t2023
5t22t2023
4t14t2023
6t13t2023
Amount Paid
1,990.69
1,817 .18
1,070.64
944.63
799.59
153.05
108.26
5,076.00
330.00
1,823.25
90.00 253.00
1,000.00
7,160.01
1 ,535.15
1,738.00
90.00 61.62
2,114.99
14,525.79
44,670.66
58.90 Page: 7
Check Total
6,775.78
108.26
5,406.00
1,823.25
90.00 253.00
1,000.00
8,695.16
1,738.00
90.00 61.62
2,114.99
59,196.45
58.90 FinalCheck List
City of Sanger
Bank : waap WESTAMERTCA BANK
Check # Date Vendor
89758 6t16t2023 08757
Voucher:
(Continued)
lnvoice
SWANSON FAHRNEY FORD 235033
235034
234826
234913
235155
235092
REIMBTAMEZ, CORINA
TELSTAR INSTRUMENTS INC 116824
116894
TIMOTHY V LOGOLUSO ESQ 053123
UN|TY rT 365322
365367
VALLEY AI R CON DITIONI NG & 79585
lnv Date Descriotion
VEHC MAINT'16 FORD
VEHC MAINT'17 CHEV
VEHC MAINT'21 FORD
VEHC MAINT'14 CHEV
VEHC MAINT'14 FORD
VEHC MAINT'21 FORD
MILEAGE/PU RCHASE (APR.M89759 6t16t2023
Voucher:
89760 6t16t2023
Voucher:
89761 6t16t2023
Voucher:
89762 6t16t2023
Voucher:
89763 6t16t2023
Voucher:
89764 6t16t2023
Voucher:
89765 6t16t2023
Voucher:
89766 6t16t2023
Voucher:
89767 6t16t2023
Voucher:
89768 6t16t2023
Voucher:
89769 6t16t2023
Voucher:
89770 6t16t2023
Voucher:
89771 6t16t2023
Voucher:
1 0860
04726
12031
04117
09880
03878
08821
04581
11840
08709
04798
02391
09143
5t25t2023 WELL 25
6t1t2023 SCADA
513112023 PROF LEGAL SRVS
TRANS UNION LLC 4350770 412512023 PRE-EMP CREDIT CHECK
TRANS UNION RISK & ALTERI62151 61112023 INVESTIGATIVEACCESSi INF( UNITEDSTATESPOSTALSERTMS4O49S 611312023 POSTAGE-TMS4O4g8
VALLEY SHREDDING
VERIZON WIRELESS
VSP
W.M. LYLES CO.
WELCH, PAUL
153734 5t31t2023 DOC SHREDDTNG
9936184895 6t1t2023 M2M ACCOUNT SHARE
30020687 5t19t2023 EMp VtStON |NS_JUNE
IT SERVICES
IT SERVICES (PD)
SWAMP COOLER REP
POTEHOLES FOR BYPA$S
REHABI LITATE CLARI FIER
WHEELS/BRACKETS
Page: 7
12 apchkLst
0611612023 5:06:5ipM FinalGheck List
City of Sanger
Bank : waap WESTAMERTCA BANK
Gheck # Date Vendor
89772 6t16t2023 00931
Voucher:
(Continued)
lnvoice
YAMABE & HORN ENGINEERII48272
48271
474916
47765
48283
lnv Date Description
-
Amount paid Gheck rotar
3t13t2023 SpR202o_07 TUCKER MtJLTt I 2,78g.753t13t2023 SpR2020_01 1715 & 1717' 7TH 1,518.7511t25t2021 STDEWALK GAp CLOSUIIE 1,480.00 11t2t2021 2021 ENCROACHMENTPERtv 1,385.00
311312023 CHERRY CROSSTNG MULTTFI 318.75 7,486.25
Sub total for WESTAMERTCA BANK: 705,863.09
Page: 8
Page:8
13 apchkLst
0611612023 5:06:S1pM
FinalCheck List
City of Sanger
97 checks in this report.
Grand TotalAll Checks:
Page: 9
-
705,963.09
( too. oN
Total = 1Ac2 ,1qg.Oq
Page: 9
14 apChklst
0612912023 5:03:58PM
Bank : waap WESTAMERTCA BANK
Check # Date Vendor
89773 6t29t2023 10787
Voucher:
89774 6t29t2023 10494
Voucher:
89775 6t29t2023 00025
Voucher:
lnvoice
ACEVES-CRUZ, JULIAN REIMB
AIRGAS USALLC 9138783244
ALERT-O-LITE, INC. 135385
1 35389
1 34506
135211
ALL VALLEY SPRAY SERVICE 841260
ALLBRITTEN
AMERITAS
AT&T MOBILITY
Inv Date Descriotion
511712023 CPL JULIAN ACEVES-CRUZ
6t7t2023 OXYGEN (MED)
Page: I
Amount Paid Check Totat
579.41 579.41
169.14 169.14
420.08
346.70
210.07
133.24
1,375.00
1,110.09
1,375.00
905 00
641.84
905.00
641.84
FinalCheck List
Gity of Sanger
89776 6t29t2023
Voucher:
89777 6t29t2023
Voucher:
89778 6t29t2023
Voucher:
89779 6t29t2023
Voucher:
89780 6t29t2023
Voucher:
89781 6t29t2023
Voucher:
89782 6t29t2023
Voucher:
89783 6t29t2023
Voucher:
89784 6t29t2023
Voucher:
89785 6t29t2023
Voucher:
04173
12362
07024
07501
12023
00032
001 09
12374
12373
11599
134338069 512412023 REPAIR WATER CLOSET
301 379 6t27t2023 ADMTN FEE (JUNE)
28730591 1 61 3
287288454255
269989
6t15t2023
6115t2023
6t2t2023
6t13t2023
6119t2023
6t2t2023
6t2t2023
6t19t2023
6t5t2023
6t7t2023
6t9t2023
6t9t2023
EQUIP
CORDLESS PRUNER
CHAIN EQUIP
3PC UNIV SET/RATCHETA/I/O
WEED CONTROL
CELL PHN CHRGS (PWENF)
CELL PHN CHRGS (FD)
SAFETY BOOTS (CHOLICO)
STREET LIGHTS
STREET LIGHTS
STREET LIGHTS
TEFLON
BOOT BARN INC
BUCKLES-SMITH ELECTRIC C2084842
2083857
2085408
CALIFORNIA INDUSTRIAL RUE9281 3
592.22
279.99
250.00
370.60
3,086.90
534.83
243.79
149.25
106.67
1,951.96
872.21
250.00
3,992.33
243.79
149.25
106.67
1,951.96
CAMACHO CANO, FRANCISC(Ref000097552 612712023 UB Refund Cst #00026896 CANDELARIO NAVARRO, JUL|Ref000097551 612712023 UB Refund Cst #00026812 CANON FINANCIAL SERVICES3O662O33 611212023 COPIER LEASES & USAGE /
Page: 1
15 apGhklst
0612912023 5:03:58PM
Bank : waap WESTAMERICA BANK
Check # Date Vendor
89786 6t29t2023 02464
Voucher:
(Continued)
lnvoice
CENTRAL VALLEY TOXI COLO 1327 27 4
327496
327498
327546
327570
327573
327575
327698
327705
327901
327905
crRcurT soLUTtoN rNc 174854
CITY OF SANGER/PETTY CASPETTY CASH
coMcAST 173748712
COMCASTCABLE 215187
cPcA 2076
lnv Date Description
DRUG SCREEN
DRUG SCREEN
DRUG SCREEN
DRUG SCREEN
DRUG SCREEN
DRUG SCREEN
DRUG SCREEN
DRUG SCREEN
DRUG SCREEN
DRUG SCREEN
DRUG SCREEN
PARTS
GRANT WRITING SRV (JUNE
GRANT WRITING SRV (JULY:
FIRE PLAN REVIEW SRVCS
BLDG PLAN REVIEW SRVCS
VEHC MAINT & REP #E12O
Page: 2
Amount Paid Check Total
235.00
235.00
285.00
285.00
235.00
335.00
236.00
235.00
235.00
285.00
285.00
140.86
2,886.00
140.86
435.1 3
696.70
242.51
155.00
316.40
43s.1 3
696.70
242.51
155.00
316.40
4,500.00
4,500.00
172.50
6,696.69
1,856.87
9,000.00
FinalCheck List
City of Sanger
4t25t2023
5t2t2023
5t2t2023
513t2023
5t4t2023
51412023
5t4t2023
5t11t2023
5t11t2023
5t18t2023
5t18t2023
6t9t202389787 6t29t2023
Voucher:
89788 6t29t2023
Voucher:
89789 6t29t2023
Voucher:
89790 6t29t2023
Voucher:
89791 6t29r2023
Voucher:
89792 6t29t2023
Voucher:
89793 6t29t2023
Voucher:
89794 6t29t2023
Voucher:
89795 6t29t2023
Voucher:
89796 6t29t2023
Voucher:
89797 6t29t2023
Voucher:
89798 6t29t2023
Voucher:
11061
09727
09872
08477
00200
001 88
11262
11727
02324
00245
07305
04821
612812023 PETTY CASH
6t1t2023 ETHERNET SRVS (DSPCH) #(
611812023 TNTERNET SRV #8155500160i
51112023 MEMBER DUES
211612023 WRITTEN EXAM - HR TECHCPS HR CONSULTING
CRISCOM COMPANY, THE
CSG CONSULTANTS INC.
CUMMINS WEST INC
201802
271127
271149
230441
230876
92393
5119t2023
6t19t2023
6t1t2023
6t1t2023
6t14t2023
.19
.87
6 1
,869
,856
DEPARTMENT OF JUSTICE 660116
653722
EAND M 424189
6t5t2023
5t3t2023
6t16t2023
FINGERPRINTAPPS
FINGERPRINTAPPS
HYDRORANGER
1,409.00
608.00
2,603.03
2,017.00
2,603.03
64.13FERGUSON ENTERPRISES IN618859 512612023 DRINK FTN 64.13 Page: 2
16 apChkLst
0G12912023 5:03:58PM
Bank
Check #
89799 6t29t2023 00318
Voucher:
89800 6t29t2023 03787
Voucher:
89801 6t29t2023 00331
Voucher:
FinalCheck List
Gity of Sanger
Page: 3
Amount Paid Check Totallnv Date Descri ption
61212023 DISPATCH SRVS - JUNE
611612023 VEHC GRAPHICS & INSTALL
89802 6t29t2023
Voucher:
89803 6t29t2023
Voucher:
89804 6t29t2023
Voucher:
89805 6t29t2023
Voucher:
89806 6t29t2023
Voucher:
89807 6t29t2023
Voucher:
89808 6t29t2023
Voucher:
89809 6t29t2023
Voucher:
89810 6t29t2023
Voucher:
89811 6129t2023
Voucher:
89812 6t29t2023
Voucher:
89813 6129t2023
Voucher:
89814 6t29t2023
Voucher.
89815 6t29t2023
Voucher:
waap WESTAMERICA BANK
Date Vendor
(Continued)
lnvoice
FRESNO COUNTY DEPT OF H5838
FRESNO COUNTY FIRE PROT2363
FRESNO OXYGEN, INC 91 61 9368
631 94348
63203882
3021 86FRESNO PIPE & SUPPLY
FRESNO TRUCK CENTER
FRONTIER
GAR BENNETT, LLC 1116662
GARCIA, ALMA PEREZ Ref000097545
GIBBS INTERNATIONAL 229157
GLEIM CROWN PUMP, INC. 39681
HAAKER EQU I PMENT COMPAWSAOT 4
H EALTH MANAGEMENT ASSO2 02072-21
03675
07174
1 0345
117 14
12367
11731
00354
02290
11282
02560
00388
12192
12370
00483
1763448 611312023 HEADLIGHT/FENDER #359
JUNE
5131t2023
6t2t2023
6121t2023
615t2023
6t7t2023
6t27t2023
6t27t2023
6127t2023
6t19t2023
6t8t2023
6t1t2023
OXYGEN/CO2 RENTAL
CARBON DIOXIDE
WALL FAN/HAMMER^|I/RENCI
PVC
TELEPHONE SRV
MAINT SUPPLY
UB Refund Cst #00019118
VEHC REPAIR #359
PUMP REP & MATERIALS
VACTOR
CONSULTI NG (IGT PROGRAI\
AMB MEDICAL SUPPLIES
ALBUTEROL
DOOR REP
PROF LEGAL SRVS (FIRE BLt
UB Refund Cst#00026255
FIRE EXT MAINT
1,409.17
256.40
152.62
393.24
1,122.16
255.10
351 .1 3
4,231.77
851.41
143.76
414.37
746.75
1,842.11
6,830.75
67.40 22.14
121.36
1,006.50
161.81
540.80
1,409.17
256.40
1,668.02
255.1 0
351 .1 3
4,231.77
851.41
143.76
414.37
746.75
1,842.11
6,830.75
89.54 121.36
1,006.50
161.81
540.80
HENRY SCHEIN INC
HI TECH
JARVIS FAY LLP
JORDAN, TRACY LYNN
JORGENSEN CO.
34966083
35854911
176184
17760
Ref000097548
2127t2023
3122t2023
6t19t2023
5t31t2023
6t27t2023
5t30t20236070454
Page: 3
17 apChklst
0612912023 5:03:58PM
FinalCheck List
City of Sanger
Amount Paid
593.00
76.10 371.94
732.03
2,055.08
1,243.49
2,753.29
975.25
1,931.25
4,162.37
1,415.25
2,048.00
296.00
224.00
528.00
253.01
Page: 4
Gheck Total
593.00
76.10 1,103.97
3,298.57
2,753.29
2,906.50
4,162.37
4,511.25
253.01
Bank
Check #
waap WESTAMERICA BANK
Date Vendor
(Continued)
lnvoice
KINGS INDUSTRIAL OCC MED192535
KUTNERIAN, VREZH RefOOOO97549
LES SCHWAB TIRES 56400329929
5640033031 1
LIFEASSIST, INC. 1334913
1 333958
LINCOLN AQUATICS 8820593
LOZANO SMTTH 2191722
2191728
M.J, TRUCK REPAIR 05112023
lnv Date Description
PRE-EMP PHYSICALS
UB Refund Cst#00026290
89816 6t29t2023
Voucher:
89817 6t29t2023
Voucher:
89818 6t29t2023
Voucher:
89819 6t29t2023
Voucher:
89820 6t29t2023
Voucher:
89821 6129t2023
Voucher:
89822 6t29t2023
Voucher:
89823 6t29t2023
Voucher:
89824 6t29t2023
Voucher:
89825 6t29t2023
Voucher:
89826 6t29t2023
Voucher:
11757
12371
10019
00534
00536
02614
12366
00545
06571
09920
00811
5t30t2023
6127t2023
6t13t2023
6t16t2023
6t13t2023
6t9t2023
6t8t2023
6t13t2023
6t13t2023
5111t2023
TIRES'06 GMC
BRAKES
AMB MEDICAL SUPPLIES
AMB MEDICAL SUPPLIES
ROBOTIC POOL CLEANER
PROF LEGAL SRVS
PROF LEGAL SRVS
INDIANA REPAIRS
PUBLIC NOTICES
PUBLIC NOTICES
PUBLIC NOTICES
PUBLIC NOTICES
PUBLIC NOTICES
MILEAGE REIMB 5-8-23
2,875.00 2,875.00
441.37 441.37
182,776.97 182,776.97
MADCO ELECTRTC tNC 3004943579 6t15t2023 LTGHTS (STREETS) METRO UNIFORM & ACCESS(263401 5t16t2023 UNtF SUPPLIES (FD) MID VALLEY DISPOSAL 53123 513112023 DISPOSAL SRVS-MAY 23 89827 6t29t2023 12365
Voucher:
MINERAL KING PUBLISHING II711566
711561
711560
711550
711559
MINO, MARIAH MILEAGE
6t7t2023
6t7t2023
6t7t2023
6t7t2023
6t7t2023
6t19t2023
Page:4
18 apChkLst
0612912023 5:03:58PM
Bank : waap WESTAMERICA BANK
Check # Date Vendor
89828 6t29t2023 08962
Voucher:
(Continued)
Invoice
MOORE TWI N I NG ASSOCIATE 33721 62
3372514
3372471
3372470
3372469
3372456
3372392
3372391
3372390
MUNISERVICES LLC 16502
NAVIA BENEFIT SOLUTIONS 1030147
1 071 0585
O'REILLYAUTO PARTS 2774-459296
OROZCO, JOHNNY JAMES
PEREZ, SILVESTRE
PEREZ, VIANEY
PIONEER EQUIP CO
RefO00097547
REIMB
REIMB
98713
POLLUTANTS LABORATORI ES3OO285
30031 5
3001 79
300266
POLYDYNE INC. 1745929
PRECISION CONCRETE CUT]53678
53722
PROVOST & PRITCHARD ENC101351
100751
Page: 5
Amount Paid Check Totatption
WATER TESTING
WATER TESTING
WATER TESTING
WATER TESTING
WATER TESTING
WATER TESTING
WATER TESTING
WATER TESTING
WATER TESTING
SALES & USE DIST TAXQT4
WATER TESTING
WATER TESTING
WATER TESTING
WATER TESTING
CLARIFLOC
SIDEWALK REPAIR
SIDEWALK REP
PROF SRVS (SKGSA)
PROF SRVS (SKGSA)
FinalGheck List
Gity of Sanger
lnv Date Descri
89829 6t29t2023
Voucher:
89830 6t29t2023
Voucher:
89831 6t29t2023
Voucher:
89832 6t29t2023
Voucher:
89833 6t29t2023
Voucher:
89834 6t29t2023
Voucher:
89835 6t29t2023
Voucher:
89836 6t29t2023
Voucher:
04045
11735
08739
12369
12062
12307
00693
12361
5t5t2023 ADMTN FEE (MAY 23)
5t30t2023 COBRAADMTN FEE (MAY 23)
61712023 KEYLESS/D-RING
612712023
5123t2023
6t13t2023
6t15t2023
UB Refund Cst#00025635
RENEWAL FEE - IWTPO GRAI
SUMMR FUN LUNCH
LAWN MOWER SUPPLIES
5t14t2023
6t22t2023
6t21t2023
6121t2023
6t21t2023
6t21t2023
6120t2023
6t20t2023
6t20t2023
5t2t2023
5t31t2023
6t26t2023
513112023
5131t2023
61912023
6t6t2023
6116t2023
6115t2023
6t15t2023
170.00
186.00
160.00
570.00
170.00
27.00 46.00
1,122.00
160.00
500.00
42.00 58.80
15.20 106.93
105.00
86.87 619.24
383.00
383.00
981.00
383.00
4,788.29
200.00
2,346.38
2,169.75
29.40 86.50
2,611.00
500.00
100.80
15.20 106.93
105.00
86.87 619.24
2,130.00
4,788.29
200.00
4,516.13
115.90
89837 6t29t2023
Voucher:
89838 6t29t2023
Voucher:
89839 6t29t2023
Voucher:
89840 6t29t2023
Voucher:
07082
12368
10190
06201
PONCE ESPITIA, ANTONIO Ref000097546 612712023 UB Refund Cst #00025565 Page: 5
19 apChklst
0612912023 5:03:58PM
BanK: waap WESTAMERICA BANK
Check# Date Vendor
89841 6t29t2023 02489
Voucher:
RANDSTAD
FinalCheck List
City of Sanger
Page: 6
Amount Paid Check Totalption
PROF SERVICES-JUN
PROF SERVICES-MAY
STREET SWEEPING SRV
BOTTLED WATER
BOTTLED WATER
DRINKING WATER
PROPANE
(Continued)
lnvoice lnv Date Descri
89842 6t29t2023
Voucher:
89843 6t29t2023
Voucher:
89844 6t2912023
Voucher:
89845 6t2912023
Voucher:
89846 6t29t2023
Voucher:
89847 6t29t2023
Voucher:
89848 6t29t2023
Voucher:
89849 6t29t2023
Voucher:
89850 6t2912023
Voucher:
89851 6t29t2023
Voucher:
89852 6t29t2023
Voucher:
89853 6t29t2023
Voucher:
01295
10823
12375
10977
06270
00433
03531
12372
03709
09290
12077
02536
RED WING SHOE STORE
REYES, ROSA JUNE
RICHARDSON, LANDON 50523-01
RRM DESIGN GROUP 1224-03-0523
SAFETY KLEEN SYSTEM 91920968
SANGER CHAMBER OF COM[\6082
6081
scA oF cA, LLC 2023-10423
SEHER, MATTHEWTYLER RefOOOO975SO
SILVA'S OIL COMPANY INC. MAY
SITEONE LANDSCAPES INC 130209877-1
SNITRAM READY MIX 23001
SPARKLETTS 9410545
941 0548
9407216
SUBURBAN PROPANE 462406
612712023 UB Refund Cst #00026519
5t31t2023 GASOLTNE
611512023 SPRINKLERS & PARTS
4t25t2023 CONCRETE
33254753 6t11t2023
33249477 6t11t2023
33219435 6t4t2023
33215948 6t4t2023
33180658 5t28t2023
33184613 5t28t2023
2023061 001 4141 6t 10t2023
6t1t2023
5t1t2023
51112023
6t1t2023
6t1t2023
6t112023
6t13t2023
TEMP LABOR SRV
TEMP LABOR SRV
TEMP LABOR SRV
TEMP LABOR SRV
TEMP LABOR SRV
TEMP LABOR SRV
SAFETY BOOTS (S.PEREZ)
61112023 ZUMBAINSTRUCTOR
5121 12023 ACADEMY/COMMERCE/MUS(
612012023 FIRE STAT BRIDGING DOCS
5t23t2023 otl REMOVAL
1,232.54
1,232.68
986.04
986.14
1,232.68
1,232.54
250.00
527.10
3,550.00
1,072.50
74.00 6,666.67
6,666.67
6,890.00
151.49
19,008.75
856.57
128.00
197.83
153.84
'196.98
436.79
6,902.62
250.00
527.10
3,550.00
1,072.50
74.00 13,333.34
6,890.00
151.49
19,008.75
856.57
128.00
548.65
436.7989854 6t29t2023 11796
Voucher:
Page: 6
20 apChkLst
0612912023 5:03:58PM
6t2t2023
5t30t2023
5t31t2023
6t14t2023
6t14t2023
6t14t2023
6t15t2023
6115t2023
5t30t2023
5131t2023
5t31t2023
6114t202389856 6t29t2023
Voucher:
89857 6t29t2023
Voucher:
89858 6t29t2023
Voucher:
89859 6t29t2023
Voucher:
Amount Paid
769 96
783.79
627.03
668.53
491.05
742.81
766.02
766.02
789.23
737.69
812.45
2,963.01
6,870.00
172.59
2,893.89
754.00
7,887.17
1,508.00
10,954.92
90.00 350.00
700.00
2,396.15
259.99
21,943.29
Page: 7
Check Total
7,954.58
2,963.01
6,870.00
172.59
13,043.06
10,954.92
90.00 1,050.00
2,396.15
259.99
21,943.29
556.07
FinalCheck List
City of Sanger
lnv Date Description
Bank: waap WESTAMERICA BANK
Gheck # Date Vendor
89855 6t29t2023 10973
Voucher:
(Continued)
lnvoice
SUPERIOR POOL PRODUCTS 2023161
2023050
2023085
2023315
2023316
2023317
2023345
2023346
2023049
2023084
2023086
SWANSON FAHRNEY FORD 235118
T & T PAVEMENT MARKINGS 2023199
TELEFLEX LLC
BULK CHLORINE (WELL 6)
BULK CHLORINE (WELL 14)
BULK CHLORINE (WELL 25)
BULK CHLORTNE (WELL 6)
BULK CHLORINE (WELL 9)
BULK CHLORINE (WELL 12)
BULK CHLORINE (WELL 11)
BULK CHLORINE (WELL 2A)
BULK CHLORINE (WELL #2A)
BULK CHLORINE (WELL #7A)
BULK CHLORINE (WELL 11)
VEHCMAINT'19 FORD08757
05250
11596
04726 TELSTAR INSTRUMENTS INC 117206
117205
117077
117076
TRAFFIC & PARKING CONTRC746O37
TRANS UNION LLC 5349951
TYLER TECHNOLOGIES INC 427926
426625
UN|TY tT 365384
UNWIRED BROADBAND INC 1686041
6244
22481
US BANK
512512023 CREDIT CKS/BASIC SRV
6t1t2023
9507075965 6t9t2023
lOTH&GREENWOOD-RRFE
EZ-STABILIZER
FIELD WORK (WWTP)
FIELD WORK (WWTP)
FIELD WORK (WWTP)
FIELD REPORT (WWTP)
SOLAR RRFB - GREENWOOE
6t22t2023
6t22t2023
6t14t2023
6t14t2023
6t9t202389860 6t29t2023
Voucher:
89861 6t29t2023
Voucher:
89862 6t29t2023
Voucher:
89863 6t29t2023
Voucher:
89864 6t29t2023
Voucher:
89865 6t29t2023
Voucher:
89866 6t29t2023
Voucher:
07609
04117
04091
08821
10448
09303
04768
6t14t2023
5131t2023
6t16t2023
EXECUTIME PYRL TRNG
EXECUTIME PYRLTRNG
IT SERVICES
613012023 BOARD BAND
511512023 CALCARD PMT
USA BLUE BOOK 5t26t2023 HACH 556.07
Page: 7
21 apchkLst
0612912023 5:03:58PM
FinalCheck List
City of Sanger
Amount Paid
90.00 590.00
544.93
1,085.96
1,941.13
11.16 Page: 8
Gheck Total
90.00 590.00
544.93
1,085.86
1,941.13
11.16 Bank : waap WESTAMERICA BANK
Check # Date Vendor
(Continued)
lnvoice
VALLEY SHREDDING 153754
VALLEY WIDE PEST CONTRO 109878
VERIZON WIRELESS 9937228471
VINCENT COMMUNICATION I 1.86375
vsP 30020687
WECO WELDING SUPPLIES I].968725
Inv Date Description
DOC SHREDDING
PEST CONTROL
TOUGHBOOK COMPUTERS
HEADSET REP/TECH LABOR
EMP VISION INS-JULY
TANK RENTAL
89867 6t29t2023
Voucher:
89868 6t29t2023
Voucher.
89869 6t29t2023
Voucher:
89870 6t29t2023
Voucher:
89871 6t29t2023
Voucher:
89872 6t29t2023
Voucher:
11840
09477
08709
01620
04798
00920
5t31t2023
6t20t2023
6t13t2023
6t19t2023
6t19t2023
5131t2023
Page: 8
22 apChklst
0612912023 5:03:58PM
Bank : waap WESTAMERICA BANK
Check # Date Vendor
89874 6t29t2023 00931
Voucher:
(Continued)
lnvoice
YAMABE & HORN ENGINEERII48488
48489
78790
48491
48496
48551
48555
48562
48565
48567
48568
48554
48464
48465
48500
48561
48564
48545
48546
48550
48540
48543
48544
48495
48497
48499
48566
48536
48537
48538
48483
48492
48498
48470
48501
lnv Date Description
LOCAL STREETS IMPR PROJ
BETHELAVE REHAB
ALMONDAVE RECONST (BE]
JENSEN & INDIANOLA TRAFF
GRNWD & 1OTH FLASHING B
2022 ENCROACHMENT PERI!
SPR2O22-07 CHERRY CROSS
SOMERSET SUBDIVISION
LYONS TRUCKING 354 SACA
WELL 7A REHAB
2023 ENCROACHMENT PERI!
SPR2O22-05 SANGER RETAIL
SGMA IMPLEMENTATION
SANGER GENERAL ENG SRV
2023 ENCROACHMENT PERTV
BETHEL & ALMOND TRAFFIC
GRNWD & lOTH FLASHING B
UTILITY MASTER PLAN UPDP
WELL NO. 19
WELL NO. 22
NORTH/GRNWD SWR LIFT S-
sPR 2020-01 - 1715 &1717 7Tt
SPR 2022-07 TUCKER MULTI
TENTATIVE PARCEL MAP 202
LYONS TRUCKING 354 SACA
WELL#7A REHAB
NEWMARKAVE SWR TRUNK
SGMA IMPLEMENTATION
SANGER GENERAL ENG SRV
WELL NO.16.PUMP, MOTOR,
SPR2O21 -1 O JENS AVE DENTI
BETHEL & ALMOND TRAFFIC
NEWMARKAVE SWR TRUNK
K ST RECONST/ANDL.EDGR
LOTLINEADJ NO.2O23-O1
Page: 9
Amount Paid Check Total
7,767.50
1,411.25
5,398.75
s68.75
1,745.00
8,910.00
262.50
262.50
87.50 402.50
212.50
1,466.25
4,108.75
8,278.75
193.75
271.25
270.00
6,652.50
1,605.00
4,950.00
2,117.50
475.00
145.00
350.00
481.25
180.00
5,487.50
1,581.25
5,277.50
2,881.25
655.00
7,937.50
673.75
1 ,100.00
115.00
FinalCheck List
City of Sanger
4t6t2023
41612023
4t6t2023
4t6t2023
4t6t2023
512t2023
5t2t2023
51212023
5t2t2023
5t2t2023
5t212023
5t2t2023
4t6t2023
4t6t2023
4t6t2023
51212023
512t2023
5t2t2023
5t2t2023
5t2t2023
51212023
5t2t2023
51212023
41612023
4t6t2023
4t6t2023
5t2t2023
5t2t2023
5t2t2023
5t2t2023
4t6t2023
4t6t2023
4t6t2023
4t6t2023
4t6t2023
Page: 9
23 apChkLst
0612912023 5:03:58PM
Bank: waap WESTAMERICA BANK
Check# Date Vendor
89875 6t29t2023 06720
Voucher:
FinalGheck List
City of Sanger
Amount Paid
Page: 10
Check Total
190,302.43
183.54
(Continued)
lnvoice lnv Date Description
CERTIFICATES OF COMPLIAI
WELL#16 PUMP/MOTR & SITI
SANGER UTILITY PLAT UPDA
NORTH & GRNWD SWR LIFT
SPR2O2O-07 TUCKER MULTI I
UTILITY MASTER PLAN UPDF
WELL NO.19
WELL NO.22
N ST RECONST/sTH-gTH ST
NORTH AVE RECONST/ACAD
O ST RECONST/1 OTH-NORTF
FOWLR SWITCH TRAIL/BETH
NORTH SGR GRDWTR RECH
TOMBSTONE WATER CONNE
FY21I22 LOCAL STRT IMPR
2023 STREET SEALING PROJ
LOCAL STREETS IMPR PROJ
SPR2O22-05 SNGR RETAIL CI
PERMITS/INSPECTIONS
SPR2O22-07 CHERRY CROSS
SOMERSET SUBDIV
22-23 GIS UPDATES
NORTH AVE RECONST (ACA]
NORTH SANGER GRDWTR R
TOMBSTONE WATER CONNE
FY21I22 LOCAL STREET IMPF
2023 STREET SEALING PROJ
LOCAL STREETS IMPR PROJ
LOCAL STREETS IMPR PROJ
BETHEL REHAB
ALMONDAVE RECONST
JENSEN & INDIANOLA TRAFF
REC SUPPLIES
48502
48466
48467
48469
48475
48476
48477
48481
48471
48472
48473
48474
48478
48479
48480
48484
48487
48485
48482
48486
48493
48494
48542
48547
48548
48549
48553
48556
48557
48558
48559
48560
REIMB
4t6t2023
4t6t2023
4t6t2023
4t6t2023
4t6t2023
4t6t2023
4t6t2023
4t6t2023
4t6t2023
4t6t2023
4t6t2023
416t2023
416t2023
4t6t2023
4t6t2023
4t6t2023
4t6t2023
4t6t2023
4t6t2023
4t612023
4t6t2023
4t612023
5t2t2023
5t2t2023
5t212023
5t2t2023
5t2t2023
5t2t2023
5t2t2023
5t2t2023
5t2t2023
51212023
6t5t2023
273.75
3,340.00
7,575.00
7,425.00
2,357.50
7,577.50
3,102.50
3,768.68
40.00 6,957.50
2,727.50
1,953.75
3,160.00
2,807.50
8,848.75
262.50
6,843.75
810.00
5,678.75
131.25
350.00
187.50
1,962.50
5,495.00
3,201.25
4,198.75
2,162.50
8,032.50
3,510.00
243.75
243.75
791.25
183.54ZAMORA, JOAQUIN
Page:10
24 apChklst
0612912023 5:03:58PM
BanK : waap WESTAMERICA BANK
Check # Date Vendor
89876 6t29t2023 04596
Voucher:
(Continued)
lnvoice
ZWEIGLE SEPTIC SERVICE 38605
lnv Date Descriotion
6t20t2023 PORTA POTTY (NAT AREA)
Page:11
Amount Paid Check Total
FinalGheck List
City of Sanger
100.00 100.00
SubtotalforWESTAMER|CABANK: 599,029.54
Page:11
25 apChklst
0612912023 5:03:58PM
FinalCheck List
Gity of Sanger
Page: 12
Grand TotalAll Checks: 599,029.54103 checks in this report.
Page: 12
26 Agenda Item No.
CrrYoF SexcER
REPORT TO THE, CITY COUNCIL
For the Meeting of: August 77,2023
0'*
To:
From:
Subject:
RECOMMENDATION:
That the City Council approve:
Mayor and City Council
Patrick Chaffee, Administrative Services Director
Approval of Payroll Checks
By action of the Sanger City Council at their meeting of August 17,2023, Direct Deposit Nos. 60260 through 60511; Payroll Check Nos. 59048 through 59102; and Benefit Check Nos. 1908 through 1915 were approved by the following vote:
AYES:
NOES:
ABSTAIN
ABSENT:
ATTEST:
Rebeca Padron, City Clerk
Prepared bv: Rebeca Pa&on Approved by:
REVIEW: CityManager U'a Finance: City Attorney:
TYPE OF ITEM:
X
X
Consent
Info Item
Action Item
Depattment Report
Redevelopment Agency
COUNCILACTION: APPROVED DENIED NO ACTION
Public Headng
Mattet Initiated by a Council Member
Other
Continued to:
27 yChklst.
6t08t2023 1:,41: PM
Payroll Final Gheck List
City of Sanger
OSl2Ol2023 to 0610212023- Type 1 Cycle 26
lank: -WESTAMERICA BANK
Check # Date Employee # Name
toc
DELGADO, SIERRA
PADRON, REBECA
TAMEZ, CORINA
GONZALEZ, FRANK G
MARTINEZ, DANIEL
MELENDEZ, DOLORES
MONTELONGO, MICHAEL A
BRLETIC, DAVID E
HERNANDEZ, SHEILA
MINO, MARIAH D
MURPHY, ROSE
ROMERO, BRITTANYA
VIDRIO, JAVIER
CAMARENA, KARLA D.
CASI LLAS-TORRES, SMALYNNE
CHAFFEE, PATRICK L
FLORIAN, STEPHANIE
SILVA, MICHELE
STROUP, GRACE
XIONG, WENDY
ABRAHAMIAN, KENNETH A
BARRERA, ELIZABETH
BOATMAN, NICOLAS E
CAMPA, SANDRA
CAROLAN, KEVIN
CLARK, WAYNE
CORONADO JR, JESUS
DANIEL, JOSHUA D.
DOLAN, HAYDEN
ELLIS GILMORE, SKYLER
FIELDS, KELLY
HOULE, BAILEY
JONES, ANDY
LORENTE, RYAN
MALDONADO, KIMBERLY
MENDEZ, VICTOR P
MIRELES FLORES, MARIA
Check Amt Direct Deposit
60260
60261
60262
60263
60264
60265
60266
60267
60268
60269
60270
60271
60272
60273
60274
60275
60276
60277
60278
60279
60280
60281
60282
60283
60284
60285
60286
60287
60288
60289
60290
60291
60292
60293
60294
60295
60296
60297
6t9t2023
6t9t2023
6t912023
6t9t2023
6t9t2023
61912023
6t9t2023
6t9t2023
619t2023
6t9t2023
6t9t2023
6t912023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t912023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
61912023
6t9t2023
6t9t2023
6t9t2023
619t2023
6t9t2023
6t9t2023
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
4,557.57
1,263.88
3,195.41
2,041.13
298.91
312.56
312.56
312.56
3,189.05
757.64
851.12
1,222.82
1,002.00
890.42
2,644.42
1,919.56
3,283.40
1,442.48
1,113.51
1,486.26
1,403.30
1,793.O7
702.24
4,767.76
1,629.76
2,075.06
2,542.61
2,346.13
2,593.79
1,528.50
1,904.93
1,678.16
1,309.25
3,686.62
2,336.32
634.72
2,726.42
1,861.33
(,
\,r,i
28 lank: d,irdep - WESTAMERICA BANK
Check # Date Employee #
60298
60299
60300
60301
60302
60303
60304
60305
60306
60307
60308
60309
6031 0
6031 I
60312
60313
60314
60315
60316
60317
60318
60319
60320
60321
60322
60323
60324
60325
60326
60327
60328
60329
60330
60331
60332
60333
60334
60335
6t9t2023
6t9t2023
6t9t2023
6t9t2023
619t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
619t2023
6t9t2023
6t9t2023
6t9t2023
6t912023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
61912023
6t9t2023
6t9t2023
6t912023
61912023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
619t2023
6t912023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
619t2023
Name
MONTEJANO, JOSEPH
PALLAS, MICHAEL L
PETERSEN, GEORGE
PINEDO, KYLE
PISCHING, MARK G
PITTS, CRAIG
PUGA, BRIAN
ROGERS, HANK R
SANDERS, GERALD
TARASCOU, GREGORY
VELASQUEZ, SHERRY
WADDLE, CHRISTOPHER A.
WILLIAMS, KENNETH D.
WILSON, TODD
ACEVES CRUZ, JULIAN
ALVARENGA, JAZMIN
ARGUELLO, SERGIO
BANDA-TOVAR, JOEL
BATTENFIELD, DANIEL
BISE, JEFFREY L.
BOUST, JASON
CASTREJON, EDDIE
DHANOA, MANVIR
DIAZ, HENRY
DURAN, MANUEL
EDWARDS, SHAELA
FRANCO, RICHARD
GARCIA, FERNANDO
GARNER, GREGORY
GARZA, RAMIRO
GUILLEN, ROSARIO
HAZELTON, CULLEN
HERNANDEZ, ANDREINA
HUGHES, TOBIAS
JOHNSON, JOSHUA D
JONES, KIMBERLY M.
KULOW, KARL H
MEDINA, JOSE
Check Amt
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
Direct Deposit
5,447.74
2,888.92
1,303.32
1,440.82
1,428.72
3,097.25
2,476.64
1,731.54
3,001.62
3,232.91
1,948.26
3,985.44
4,095.09
2,589.77
3,522.69
1,676.55
4,769.93
1,734.13
5,565.63
3,084.92
3,446.14
1,765.52
1,671.77
2,529.48
3,372.82
2,177.86
1,927.52
4,O43.41
2,978.43
3,350.83
2,663.07
1,786.31
1 ,309.1 0
2,321.11
3,463.23
1,705.70
2,035.49
1,850.61
29 lank: dirdep - WESTAMERICA BANK
Check # Date Employee #
60336
60337
60338
60339
60340
60341
60342
60343
60344
60345
60346
60347
60348
60349
60350
60351
60352
60353
60354
60355
60356
60357
60358
60359
60360
60361
60362
60363
60364
60365
60366
60367
60368
60369
60370
60371
60372
60373
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t912023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
619t2023
6t9t2023
61912023
6t912023
6t9t2023
619t2023
6t9t2023
6t9t2023
619t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
619t2023
6t9t2023
6t9t2023
61912023
6t9t2023
619t2023
Name
MORALES, AND NI HOLAS
MORENO, LOUIS A
MUNOZ, BERTHA J
ORNELAS, BAUDELIO
PACHECO, JOSE
RI NCON-GONZALEZ, ANGEL
RODRIGUEZ, JULIAN R
RUBY JR., DANIEL
RYAN, NICOLE
SALAZAR, DARIO
SOTO, JOSE O.
THAO, MENOU A
TORRES, ROBERT C
TREVINO, CYNTHIA
VAN HOOGMOED, SAMUEL JOHN
VILLATORO, AGUSTIN
WELCH, PAUL M.
YAMBUPAH, ANGELA C
ACOSTA, JAVIER
ALVAREZ, MICHAEL
EGGLESTON, STEVEN
GARCIA, ANTHONY
GONZALEZ, EDDIE
GONZALEZ, EDGAR W
HUERTA, PAUL
IRAZOQUI, DANIEL T
LOPEZ, ALEX
MMARIEGO, MANUEL
MCDANIELS, ANTHONY
MULLIGAN, JOHN
ORONA, CATARINO
PADILLA, JOSE A.
REYES, ANTONIO P
ROSALES, ESPERANZA
SANI, FRANK
SANTOS, WILLIAM
SERNA, JOSE J
WOODS, STEVE
Check Amt
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
Direct Deposit
1,497.10
2,O18.82
1 ,298.1 8
2,091.89
1,552.61
1,506.56
2,032.52
2,184.42
1,801.37
2,262.34
1,959.52
2,023.05
1,579.17
2,101.03
1,527.10
3,548.63
1,239.29
3,376.35
1,957.52
1,203.44
1,538.90
529.11
1,833.38
1,496.04
1,487.44
1,656.80
1,540.95
1,580.76
2,028.',t3
3,678.85
1,475.83
1,874.99
2,521.26
2,436.21
2,395.07
1,631.89
976.03
1,565.27
30 lank: dirdep - WESTAMERICA BANK
Check # Date
60374
60375
60376
60377
60378
60379
60380
60381
6t9t2023
619t2023
619t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
Employee # Name
EZ, KEITH
ALVAREZ, NEREYDA
ELIZONDO, ANDRES E
GARCIA, MARIO
JUAREZ, CLARISSA
PEREZ, VIANEY
PETRILLE, BRIANA
ZAMORA, JOAQUIN
Check Amt Direct Deposit
729.O8
719.68
146.73
1,259.47
446.46
1,208.96
353.74
2,051.31
250,960.77
250,950.77
Employee Check Totals
Bank dirdep Totals (122 Forms)
0.00 0.00
31 lank: pybank - WESTAMERICA BANK
Check # Date
59048
59049
59050
59051
59052
59053
59054
59055
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
6t9t2023
Employee #
Payee #
0.00 3,283.26
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 Name
HU
ASCHENBRENNER, DANIEL
ROARK, TYLER
LADY, BERNIE
PEREZ, SILVESTRE
BORDERS, JARED R
CASTRO, ANNALI
TILLOTSON, LEAH
Employee Check Totals
Total
Payee Totals
Check Amt Direct Deposit
307.56
172.80
1,894.29
1,550.69
2,174.56
297.O3
468.80
369.52
7,235.25 3,283.26
Gheck Amt Direct Deposit
145.57
2,354.52
809.50
479.53
335.22
4,124.34 0.00
4,124.34 0.00
11,359.59 3,283.26
lank: pybank - WESTAMERICA BANK
lenefit Checks
Check # Date
59056
59057
59058
59059
59060
026
o57
o52
045
oo7
Name
AFLAC
AMERICAN FIDELITY ASSURANCE
SANGER FIRE ASSOCIATION, FOOD
STATE DISBURSEMENT UNIT
STATIONARY ENGINEERS, LOCAL 39
Bank pybank Totals (13 Forms)
32 'pyChkLst
06/08/2023 1:41PM
Bank: wire - FEDERAL TAX PAYMENT
Benefit Checks
Check # Date
1908
1909
1910
1911
6EnO23
6t9t2023
6t9t2023
6t9t2023
0.00 0.00
0.00 0.00
Page:6
Payee #
Payroll Final Gheck List
City of Sanger
OS11OI2O2} to 06t02t2023- Type 1 Cycte 26
Name
WESTAMERICA BANK
EMPLOYMENT DEVELOPMENT DEPT
CALPERS 457 PLAN
I.C.M.A RETIREMENT TRUST 457
Check Amt Direct Deposit
79,836.35
10,355.60
2,845.09
3,058.16
96,095.20 0.00
96,095.20 0.00
96,095.20 0.00
107,454.79 254,244.03
361,698.82
003
004
054
006
Total
Payee Totals
Bank wire Totals (4 Forms)
Grand Total
Totals Checks and Direct Deposit (139 Forms)Next Step: Account Posting (AP) Pay Period is Open (Locked)
?"{nr\\ +"\,-l- S=- pnct$ u{af >t
1-qu,oqr"q
6 Jb{, boz. Ge
Page:6
33 Check # Date Payee #
6t23t2023 030
Source pay period: OSl2Ol2O23lo 0610212023 Cycle 26
OSI2O 12023 lo O6 I 0212023 Cycle 26
O5l2Ol2O23to 0G10212023 Cycte 26
O5l2Ol2O23to OGlQ2l2023 Cycle 26
OSl20l2023lo 0G10212023 Cycle 26
Benefit Ghecks - pendng for pay penod from 06/03/23 to 06/16J23 tD: 1,065 Name
MID-MANAGEMENT ASSN, DUES-MM
lD: 1,064 Doc source: midmgmt
lD: 1,064 midmgmt
lD: 1,064 midmgml
lD: 1,064 midmgmt
lD: 1,064 midmgml
Amount
6t23t2023 059
Source pay peiod: 0512012023 to 0610212023 Cycle 26
OSl20l2O23 to 0610212O23 Cycle 26
05120 12023 to 06lO212O23 Cycle 26
05 120 I 2023 to O6l O2l2O23 Cycl e 26
TEXAS LIFE INSURANCE COMPANY
lD: 1,064 Doc source: hlthpay
lD: 1,064 hlthpay
lD: 1,064 hlthpay
lD: 1,064 hlthpay
Bended code: txslfe
hslfe
txslfe
txslfe
Bended code.' mmdues
mmdues
mmdues
mmdues
mmdues
Fund: 101
611
621
631
712
Check Total:
Fund:
Check Total:
Fund: 101
611
621
631
712
Check Total
Fund: 1O1
208
261
Check Total
Fund
101
208
298
299
101
208
255
256
261
298
299
75.00 652.84
100.99
57.03 17.48
828.34
31.90 3.03
13.03 2.01
25.03 5.00
1.48 1.48
1.48 10.56
6t23t2023 041
Source pay period: O5l2Ol2O23lo 0610212023 Cycle 26
05 120 I 2023 lo OOI O2l2O23 Cycle 26
O5l2Ol2O23lo 0610212023 Cycle 26
05 120 I 2023 to 061 0212023 Cycle 26
O5l2Ol2023lo 06102t2O23 Cycle 26
GENERAL EMPLOYEES ASSN, DUES GEN EMPS
lD: 1,064 Doc source: genempp Bended code.' gendue
lD: 1,064 genempp gendue
lD: 1,064 genempp gendue
lD: 1,064 genempp gendue
lD: 1,064 genempp gendue
6t23t2023 008
Source pay peiod: 05l2Ol2O23lo O610212023 Cycle 26
05l2Ol2O23lo 0G10212023 Cycle 26
O5l2Ol2023lo 0610212O23 Cycle 26
SANGER FIRE ASSOCIATION, DUES-FIRE
lD: 1,064 Doc source: firduepay Bended code; freasn
lD: 1,064 firduepay freasn
lD: 1,064 firduepay freasn
20.00 662.12
200.00
100.00
962.12
6t23r2023 010
Source pay period: 0512012023 to 061O212O23 Cycle 26
OSl20l2O23lo 061O212O23 Cycle 26
O5l20l2023 to 061O212O23 Cycle 26
OSl20l2O23 to 0610212O23 Cycle 26
0512012023 to Q6lO2l2O23 Cycle 26
OSl20 12023 to 06lO212O23 Cycle 26
OS 120 I 2023 to 06l O2l2O23 Cycl e 26
SANGER POLICE ASSOCIATION, DUES-POLICE
lD: 1,064 Doc source: polassnp Bended code; poldue
lD: 1,064 polassnp poldue
lD: 1,064 polassnp poldue
lD: 1,064 polassnp poldue
lD: 1,064 polassnp poldue
lD: 1,064 polassnp poldue
lD: 1,064 polassnp poldue
2,178.26
353.18
137.63
77.33 143.36
73.35 63.29
34 Check # Date Pavae #
6n3t2023 012
Source pay peiod: O5l2Ol2O23toOGl02l2023 Cycte 26
OSl2Ol2O23lo OGlO2l2O23 Cycte 26
OSlzOl2O23to MlO2l2O23 Cycle 26
05 I 20 12023 to 06 I Q2l 2023 Cycte 26
O5|2O2O23 lo OdlO2l2O23 Cycte 26
O5l2Ol2O23 to O6|O22023 Cycte 26
Name
EXECUTIVE MGMT ORGANIZATION, EXE MGMT-DU
lD:1,064 Docsource: sanexep€ Bended code: exdues
lD: 1,064 sanexep€ exdues
lD:1,064 sanexep€ exdues
lD:1,064 sanexep€ exdues
lD: 1,ffi4 sanexep€ exdues
lD: 1,064 sanexep€ exdues
Fund: 101
486
611
621
631
712
Check Total:
Amount
3,026.40
32.52 5.13
2.02 2.02
1.92 16.39
60.00 4,971.86
4,971.86
4,971.86
Gheck Total:
OrEanization Total:
Pay Period Total (06/03/23 to 06/16/23 lD: f ,065):
Benefit Ghecks Grand Total:
t
35 pychklst
06t22t2023 l0:52: AM
Bank: dirdep -WESTAMERICA BANK
Check # Date Employee #
Payroll Final Check List
City of Sanger
0610312023 to 0611612023- Type 2 Cycle 26
Name
CHAPA, EUTIMIO C
DELGADO, SIERRA
PADRON, REBECA
TAMEZ, CORINA
GONZALEZ, FRANK G
MARTINEZ, DANIEL
MELENDEZ, DOLORES
MONTELONGO, MICHAELA
BRLETIC, DAVID E
HERNANDEZ, SHEILA
MINO, MARIAH D
MURPHY, ROSE
ROMERO, BRITTANYA
VIDRIO, JAVIER
CAMARENA, KARLA D.
CASILLAS-TORRES, SMALYNNE
CHAFFEE, PATRICK L
FLORIAN, STEPHANIE
SILVA, MICHELE
STROUP, GRACE
XIONG, WENDY
ABRAHAMIAN, KENNETH A
ASCHENBRENNER, DANIEL
BARRERA, ELIZABETH
CAMPA, SANDRA
CAROLAN, KEVIN
CLARK, WAYNE
CORONADO JR, JESUS
DANIEL, JOSHUA D.
DOLAN, HAYDEN
ELLIS GILMORE, SKYLER
FIELDS, KELLY
HOULE, BAILEY
JONES, ANDY
LORENTE, RYAN
MALDONADO, KIMBERLY
MIRELES FLORES, MARIA
MONTEJANO, JOSEPH
60382
60383
60384
60385
60386
60387
60388
60389
60390
60391
60392
60393
60394
60395
60396
60397
60398
60399
60400
60401
60402
60403
60404
60405
60406
60407
60408
60409
60410
6041 1
60412
60413
60414
60415
60416
60417
60418
60419
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6n3t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t2312023
6t23t2023
6t2312023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t2312023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6n3no23
6t23t2023
6t2312023
6t23t2023
Check Amt Direct Deposit
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
4,494.44
1,310.89
6,280.06
2,252.35
298.91
312.56
312.56
312.56
3,390.67
856.31
851.12
1,472.17
1,002.00
946.20
2,726.77
1,919.56
3,205.96
1,552.50
1,388.00
1,486.26
1,403.30
2,O79.77
3,151.92
1,002.88
1,585.51
2,095.61
2,290.40
1,726.35
2,716.59
1,219.25
1,424.37
1,608.50
1,309.25
2,879.62
2,202.11
569.85
1,822.91
3,953.76
'.',
\ n
tu
vl
36 Bank: diidep -WESTAMERICA BANK
Check # Date Employee # Name Check Amt Direct Deposit
60420
60421
60422
60423
60424
60425
60426
60427
60428
60429
60430
60431
60432
60433
60434
60435
60436
60437
60438
60439
60440
60441
60442
60443
60444
60445
60446
60447
60448
60449
60450
60451
60452
60453
60454
60455
60456
60457
6123t2023
6t23t2023
6t23t2023
6t2312023
6t23t2023
6t23t2023
6t23t2023
6123t2023
612312023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6r23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t2312023
6t23t2023
6t23t2023
6t2312023
612312023
612312023
6t23t2023
6123t2023
6t23t2023
6t23t2023
6123t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6123t2023
6t23t2023
6t23t2023
PALLAS, MICHAEL L
PETERSEN, GEORGE
PINEDO, KYLE
PISCHING, MARK G
PITTS, CRAIG
PUGA, BRIAN
ROGERS, HANK R
SANDERS, GERALD
TARASCOU, GREGORY
VELASQUEZ, SHERRY
WADDLE, CHRISTOPHER A.
WILLIAMS, KENNETH D.
WILSON, TODD
ACEVES CRUZ, JULIAN
ALVARENGA, JMMIN
ARGUELLO, SERGIO
BANDA-TOVAR, JOEL
BATTENFIELD, DANIEL
BISE, JEFFREY L.
BOUST, JASON
CASTREJON, EDDIE
DHANOA, MANVIR
DIAZ, HENRY
DURAN, MANUEL
EDWARDS, SHAELA
FRANCO, RICHARD
GARCIA, FERNANDO
GARNER, GREGORY
GARZA, RAMIRO
GUILLEN, ROSARIO
HAZELTON, CULLEN
HERNANDEZ, ANDREINA
HUGHES, TOBIAS
JOHNSON, JOSHUA D
JONES, KIMBERLY M.
KULOW, KARL H
MEDINA, JOSE
MORALES, ANDRES NICHOLAS
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
1,742.85
1,650.69
1,907.77
1,315.69
2,224.00
2,435.O8
1,651.37
2,197.87
3,206.76
1,855.43
4,019.41
4,018.40
3,451.32
5,284.41
1,676.55
2,862.09
1,632.57
3,800.00
2,354.65
3,368.70
2,472.91
1,726.74
2,452.05
2,997.91
1,717.73
1,847.77
2,697.28
5,601.96
3,948.57
2,663.07
1,655.73
1 ,309.10
1,670.80
3,407.82
2,096.32
1,932.15
2,304.63
1,497.10
37 Bank: dirdep - WESTAMERICA BANK
Check # Date
6123t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6123t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23no23
6r23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6123t2023
6123t2023
6t23t2023
6t23t2023
Employee # Name
MORENO, LOUIS A
MUNOZ, BERTHA J
ORNELAS, BAUDELIO
PACHECO, JOSE
RINCON-GONZALEZ, ANGEL
RODRIGUEZ, JULIAN R
RUBY JR., DANIEL
RYAN, NICOLE
SALAZAR, DARIO
SOTO, JOSE O.
THAO, MENOU A
TORRES, ROBERT C
TREVINO, CYNTHIA
VAN HOOGMOED, SAMUEL JOHN
VILLATORO, AGUSTIN
WELCH, PAUL M.
YAMBUPAH, ANGELA C
ACOSTA, JAVIER
ALVAREZ, MICHAEL
EGGLESTON, STEVEN
GARCIA, ANTHONY
GONZALEZ, EDDIE
GONZALEZ, EDGAR W
HUERTA, PAUL
IRAZOQUI, DANIEL T
LOPEZ, ALEX
MAZARIEGO, MANUEL
MCDANIELS, ANTHONY
MULLIGAN, JOHN
ORONA, CATARINO
PADILLA, JOSE A.
REYES, ANTONIO P
ROSALES, ESPERANZA
SANI, FRANK
SANTOS, WILLIAM
SERNA, JOSE J
WOODS, STEVE
HERNANDEZ, KEITH
Check Amt Direct Deposit
60458
60459
60460
60461
60462
60463
60464
60465
60466
60467
60468
60469
60470
60471
60472
60473
60474
60475
60476
60477
60478
60479
60480
60481
60482
60483
60484
60485
60486
60487
60488
60489
60490
60491
60492
60493
60494
60495
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
1,925.46
1,262.12
3,283.62
1,570.02
1,612.45
1,988.72
2,978.50
1,716.86
2,049.26
2,173.15
1,818.53
1,778.71
2,222.79
2,439.79
2,319.16
1,312.70
2,781.43
2,199.43
1,203.44
1,538.90
609.96
1,919.68
1,496.04
1,623.35
1,267.78
1,540.95
1,580.76
1 ,989.10
3,850.04
1,170.16
1,874.99
2,499."t3
2,380.80
2,395.07
1,985.59
976.03
1,710.73
660.32
38 Bank: diidep - WESTAMERICA BANK
Check # Date Employee #
60496
60497
60498
60499
60500
60501
60502
60503
60504
60505
60506
60507
60508
60509
60510
6051 1
6t23t2023
6r23t2023
6t23t2023
6t23t2023
6123t2023
612312023
6t23t2023
6t23t2023
6123t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
Name
ALVAREZ, NEREYDA
BLUNT, CHRISTINE E
CUEVA, KIARRA
ELIZONDO, ANDRES E
FLORES VALADEZ, ZOILA G
GALVEZ, DANIEL
HERNANDEZ, SIENNA G
JUAREZ, CLARISSA
PEREZ, VIANEY
PETRILLE, BRIANA
ROCKER, JASON K
RUIZ, VICTORIA
TILLOTSON, LAUREN
VANGSYCHA, MICHAEL
VASQUEZ, GIANNA L
ZAMORA, JOAQUIN
Check Amt
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
Direct Deposit
390.17
611.66
547.89
503.21
458.06
135.98
339.97
1,445.56
1,382.45
316.88
200.40
532.35
223.72
200.40
164.61
2,051.31
249,279.19
249,279.19
Employee Check Totals
Bank dirdep Totals (130 Forms)
39 Bank: pybank - WESTAMERICA BANK
Check # Date
59061
59062
59063
59064
59065
59066
59067
59068
59069
59070
59071
59072
59073
59074
59075
59076
59077
59078
59079
59080
59081
59082
59083
59084
59085
59086
59087
59088
59089
59090
59091
6t23t2023
6123t2023
6t2312023
6t23t2023
6123t2023
6t23t2023
6t23t2023
6t2312023
6t23t2023
6t23t2023
6t2312023
6t23t2023
6t23t2023
6t23t2023
6123t2023
6t23t2023
6t23t2023
6t23t2023
612312023
6t23t2023
6t2312023
6t23t2023
6t23t2023
6t2312023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
Employee #
Pavee #
Name
, ESMERALDA
ROARK, TYLER
AVALOS, JORGE
CHOLICO, EDGAR
LADY, BERNIE
PEREZ, SILVESTRE
CALDERON, TANYA
ALBARRAN-PEREZ, DAISY
ARGUELLO, JUAN
BARRERA, JOSELYNN
BORDERS, JARED R
CALDERON, EPIFANIO
CARDENAS, OSBALDO G
CASTRO, ANNALI
CONDE, ESTRELLA
CUEVAS, SAVANNAH
ELIZONDO, ALEJANDRA I
ELIZONDO, ISAIAS
FLORES VALADEZ, ALONDRA
JIMENEZ, AUBREY A
LOPEZ,ILIANA
MALDONADO, NICOLE
MARCIAL, JONATHAN
MURPHY, KRISTA R
OWENS, MALONE
RAY, BETHANY
ROMERO, ELENA
STONE, KASSIDY L
TILLOTSON, LEAH
WAGNER, BRADLEY
ZARATE, ISABELLA
Name
Check Amt Direct Deposit
Employee Check Totals 19,743.37
307.56
1,967.27
1 ,1 05.80
1 ,319.30
1,550.69
2,102.89
644.68
644.68
608.57
300.60
171.77
598.95
592.56
750.03
595.75
608.57
361.43
250.50
592.56
250.50
250.50
633.40
254.08
598.95
135.98
500.01
531.92
132.41
423.88
361.43
596.1 5
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
Bank: pybank - WESTAMERICA BANK
Benefit Checks
Check # Date Check Amt Direct Deposit
40 Bank: pfbank -WESTAMERICA BANK
Benefit Checks
Gheck # Date
59092
59093
59094
59095
59096
59097
59098
59099
59100
59101
59102
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
6123t2023
6t23t2023
6t23t2023
6t23t2023
6t23t2023
Payee #
026
057
o12
041
030
008
052
010
045
007
059
Name
AFLAC
AMERICAN FI DELITY ASSU RANCE
EXECUTIVE MGMT ORGANIZATION, E
GENERAL EMPLOYEES ASSN, DUES G
MI D-MANAGEMENT ASSN, DUES-MM
SANGER FIRE ASSOCIATION, DUES-
SANGER FIRE ASSOCIATION, FOOD
SANGER POLICE ASSOCIATION, DUE
STATE DISBURSEMENT UNIT
STATIONARY ENGINEERS, LOCAL 39
TEXAS LIFE INSURANCE COMPANY
Bank pybank Totals (42 Forms)
Total
Payee Totals
145.57
2,329.88
120.00
40.00 150.00
1,924.24
809.50
6,052.80
442.61
335.22
1,640.68
13,990.50
13,990.50
33,733.87
Check Amt Direct Deposit
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
41 pyGhklst
06t22r2023 10:52AM
Payroll Final Check List
City of Sanger
OGlO3l2O23 to 0611612023- Type 2 Cycte 26
Name
WESTAMERICA BANK
EMPLOYMENT DEVELOPMENT DEPT
CALPERS 457 PLAN
I.C.M.A RETIREMENT TRUST 457
CheckAmt
83,257.21
10,743.15
2,285.97
2,935.52
99,221.85
99,221.85
99,221.85
132,955.72
382,234.91
Direct Deposit
Page:7
BanK: wiTe - FEDERAL TAX PAYMENT
Benefit Checks
Check # Date Payee #
1912
1913
1914
1915
6n3no23
6t23t2023
6t23t2023
6t23t2023
003
004
054
006
0.00 0.00
0.00 0.00
Total
Payee Totals
Bank wire Totals (4 Forms)
Grand Total
Totals Checks and Direct Deposit (176 Forms)
0.00 0.00
0.00 249,279.19
Next Step: Account Posting (AP)
Pay Period is Open (Locked)
1"r4.,2*r YQ
p 2_V3 o 3. Dk
Page:7
42 . Source pay peiod:
No Pending Benefit Checks
Doc source: Bended code: Fund:
Check Total
43 pyRepChk
06t27t2023 4:03PM
Bank: dirdep WESTAMERICA BANK
Account 0255146508
Original check Check date Voided GheckAmt
60506 06/2312023 06t27t2023
Total for bank:
Replaced Checks Listing
Gity of Sanger
Page: 1
Repl check Check date Status Status date
59104 6n72023
DD Amt Paid to
0.00 200.40 4842A ROCKER, JASON R
0.00 200.40
0.00 200.40Total checks
1 original check in this report
Page: 1
44 g-i
SANGER POLICE DEPARTMENT
Monthly Report
August 17,2023
GREG G oon*W^r* OF POLICE
CRIME TRENDS
After a thirty percent (30%) reduction in Reported Crime in June (44 reported cases), July saw a slight increase (a9) in Reported Crime, a just over ten percent 00%) increase. Violent crime remained nearly the same in July, with fourteen (14) reported incidents (12 in June). Once again, half of all the reported assaults (7 out of a reported 14) were Domestic Violence related. Auto theft remained low, with four (4) reported thefts, up two (2) from June. There were two (2) additional burglaries reported in July (6) than June (4). We averaged 1.5 reported crimes aday, city wide, in July.
SIGNIFICANT CALLS FOR SERVICE (June 2023)
On Monday, July 3rd, at approximately 9:00am, Officers responded to a residence in the 2300 Blk of Vine Avenue regarding a subject who brandished a knife and swung it at the victim several times. The victim was able to get away without being harmed. As further information was obtained, it was discovered that the suspect and a second subject were last seen running toward a house on 5th Street through the alleyway. The victim was able to point out a general location which turned out to be 2 I 00 Blk of 5th Street. Officers made contact at the front of the residence, and it was discovered that the suspect was hiding inside of a shed in back yard of the residence. Commands were given however the suspect refused to put his hand behind his back. He struggled with the officers, and he was eventually taken into custody. The knife which was described as having a red handle was found near the shed. The suspect was taken to the hospital and later transported to FCJ for the booking process.
a TRAFFIC ENFORCEMENT
There was no fatal collision during this reporting period. There was a total of fourteen (14) collisions, three (3) less than the number reported in the month of June. Ten (10) of the total collisions were non-injury. There were two (2) collisions involving injury, and one (1) involving DUI. 259 traffic citations were issued in July, with 174 moving violations and 85 non-moving violations. o
a
45 ARRESTS
Officers made a total of eighty-eight (88) arrests made in the month of July, twenty-six (26) felony, sixty-two (62) misdemeanor, including eight (8) for DUI & seven (7) for domestic violence.
ANIMAL CONTROL
The ACO responded to one hundred forty (140) calls for service in July. Eleven (11) dogs were picked up, six (6) were injured, five (5) deceased. No citations were issued in July, (5) warnings were issued in the month. Five (5) dogs were reclaimed, nine (9) were rescued. No dog bites was reported in the city limits in July. One (1) dog was euthanized.
COMMUNITY EVENTS
Planning Continued for this year's "National Night Out" event on Friday, August 1lth, National "Faith in Blue" event on Saturday, October 7th, andooOpen House" (Joint Police/Fire event) on Saturday, October 14,2023
POP Up Cop events are scheduled to commence in June, and will be present at the Chamber "Farmer's Market" events.
a
a
a
46 For the Meeting of: August 1.7,2023
Agenda Item No.: g_q
CrrYoF SINGER
REPORT TO THE CITY COIJNCIL
To:
From:
Subject:
Mayor and City Council
Joshua Rogers, City Engineer
K Street and Almond Avenue Reconstruction Project
Contract Award
Attachment:
1. Contract
F INTEREST:
None known.
RECOMMENDATION
Staff recommends that the City Council:
l. Award the contract for the project to AJ Excavation, Inc., 9662W. Keamey Blvd., Fresno, CA 93706, in the amount of $507,492.00, as lowest responsive and responsible bidder; and
2. Approve a construction contingency for change orders in the amount of $50,800 (10%) for this project; and
3. Authorize the Acting City Manager to sign contract documents on behalf of the City.
EXECUTIVE SUMMARY:
This locally-funded project will construct roadway improvements including pavement reconstruction, new curb, gutter and sidewalk construction, repair of existing concrete infrastructure, upgrade of curb ramps for ADA compliance, and upgrades to roadway signage and striping at the following locations:
o l( Street befween Annadale Avenue and Edgar Avenue; and . Almond Avenue between K Street and Faller Avenue.
Prepared by: Joshua Rogers Approved by:
REVIETW: City Manage ,, (4h Finance: Citv Attornev:
TYPE OF ITEM:
Consent
Info Item
Action Item
Department Report
Redevelopment Agency
COUNCIL ACTION: APPROVED DENIED NO ACTION
X Public Hearing
Matter Initiated by a Council Member
Other
Continued to:
X
47 BACKGROUND:
The project consists primarily of roadway asphalt reconstruction, but also includes constructing curb and gutter where missing along the west side of K Street as well as a new concrete sidewalk connecting Edgar Avenue to Annadale Avenue along the west side. On Almond Avenue, the work will also include reconstruction of the roadway section that was badly damaged by a water main break within the last few years. As with all roadway rehab projects, curb ramps will be brought up to standard where deficient.
During the project bidding phase, the Notice Inviting Bids was advertised in the Mid Valley Times and circulated in the local builders' exchanges. Additionally, other reputable contractors experienced with this type of construction were made aware of the project and invited to bid on the project as well.
On August 2,2023 the City Engineer received and opened five bid proposals for this project:
Contractor Bid
l. AJ Excavation, Inc.
2. Central Valley Asphalt
3. Avison Construction, Inc.
4. Terra West Construction,Inc
5. HBC Enterprises
$507,492.00
$562,000.00
$584,342.00
$590,378.00
s849,046.92
Engineer's Estimate $600,000.00
The bids were analyzed and it was determined that AJ Excavation, Inc. submitted the lowest responsive and responsible bid and as such, Staff recommends that they be awarded the contract.
REASON FOR TION:
Award of the contract will allow the City to proceed with the project.
F'ISCAI, IMPACT:
The estimated cost for the construction phase of the project is $634,500, as detailed below:
o Construction - $507,500
o Construction Contingency - $50,800
r ConstructionManagement/Inspection/Testing/Admin- $76,200 The project is being funded by a Measure C Streets Funds, which are considered part of the City's Local Transportation Fund revenue. The FY 23124 budget allocation is pdected to cover all estimated costs during the construction phase.
ALTERNATIVES:
The Council may reject all bids and re-advertise, although this is not recommended since the low bid came in under the Engineer's Estimate.
\\nas l\shared\Forms & Templates
48 ACTIONS FOLLOIilING APPROVAL :
The contract will be executed, subject to the Contractor providing performance security satisfactory to the City. After issuance of the Notice to Proceed, the Contractor will have 45 working days to complete the project.
\\nas I \shared\Forms & Templates
49 ATTACHMENT 1
\\nas I \shared\Forms & Templates
50 CONTRACT
THIS CONTRACT is made by and between AJ Excavation- Inc- hereinafter called the Contractor, and the City of Sanger, hereinafter called the Owner WITNESSETH:
The Contractor and the Owner, for the consideration hereinafter stated, agree as follows I. SCOPE OF WORK.
The Contractor agrees to furnish all labor and materials, including tools, implements, and appliances required, and to perform all the work in a good and workmanlike manner, free from any and all liens and claims of mechanics, teamsters, draymen, and laborers required for the K Street Reconsfrucfinn and Almond Avenue Reconstruction as shown on the plans prepared by Yamabe & Horn Engineering, Inc., in strict compliance with the Plans, Drawings and Specifications therefore prepared by the Owner and other Contract Documents relating thereto.
2. CONTRACT DOCUMENTS.
The term Contract includes all "Contract Documents" which include the following:
A. Advertisement (Notice Inviting Bids)
B. Wage Scale (Prevailing Wages)
C. Standard Specifications'
D. Special Provisions
E. Plans and Drawings
F. Addenda and Bulletins
G. Contractors Bid Proposal hereto attached
H. This Contract
In the event of a conflict between this Contract and any portion of the Standard Specifications or Special Provisions, to the extent of such conflict, this Contract shall control.
3. COMPENSATION.
The Owner agrees to pay the Contractor for the performance of the Contract the sum of Five hundred seven thousand four hundred ninety-two dollars and no cents ($507.492.00\. ' This Contract shall be subject to the Claims Resolution Process under Public Contract Code Section 9204 which is effectiveJanuary 1,2017;contrarylanguageinStandardSpecificationsissupersededbysaidSectiong204. 51 It is understood that said price is based upon the estimated quantities of materials to be used as set forth in the Proposal; and upon completion of the project, the final contract price shall be revised, if necessary, to reflect the true quantities used at the stated unit price thereof as contained in the Contractor's Proposal hereto attached.
4. SUSPENSION OF THE WORK.
A. General: The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Owner. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Owner except as otherwise provided in subsection 7C.
B. Archaeological and Paleontological Discoveries: If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer.
Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with Section 7.
5. TERMINATION OF THE FOR DEFAULT.
A. General: If, prior to the acceptance of the Work, the Contractor:
(1) Becomes insolvent, assigns its assets for the benefit of its creditors, is unable become due, or is otherwise financially unable to complete the Work; (2) Abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
(3) Disregards written instructions from the Engineer or materially violates provisions of the Contract Documents;
(4) Fails to prosecute the Work according to the schedule approved by the Engineer; (5) Disregards laws or regulations of any public body having jurisdiction; or (6) Commits continuous or repeated violations of regulatory or statutory safety requirements, then the Owner will consider the Contractor in default of the Contract.
B. Notices: Notices and other written communications regarding default between the Contractor, the Owner, and the Surety shall be transmitted as follows:
(1) Personal delivery with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of I 8 years. The proof of delivery shall 52 show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor's authorized representative at the Work site; or (2) Certihed mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.
Simultaneously, the Owner may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.
C. Notice to Cure: The Owner will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within 5 Working Days after receipt.
D. Notice of T for Default: If the Contractor fails to commence satisfactory corrective action within 5 Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, then the Owner will recommend to the Board that the Contractor be found in default of the Contract and upon such finding by the Board:
(l ) Will terminate the Contractor's right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety; (2) May use any materials, equipment, tools, or other facilities furnished by the Contractor to secure and maintain the Work site; and
(3) May furnish labor, equipment, and materials the Owner deems necessary to secure and maintain the Work site.
The provisions of this subsection shall be in addition to all other legal rights and remedies available to the Owner.
E. Responsibilities of the Surety: Upon receipt of the written notice of termination for default, the Surety shall immediately assume all rights, obligations, and liabilities of the Contractor under the Contract. If the Surety fails to protect and maintain the Work site, the Owner may do so, and may recover all costs incurred. The Surety shall noti$r the Owner that it is assuming all rights, obligations, and liabilities of the Contractor under the Contract and all money that is due, or would become due, to the Contractor shall be payable to the Surety as the Work progressss, subject to the terms of the Contract.
Within 15 Working Days of receipt of the written notice of termination for default, the Surety shall submit to the Owner a written plan detailing the course of action it intends to take to remedy the default. The Owner will review the plan detailing and notify the Surety if the plan is satisfactory. If the Surety fails to submit a satisfactory plan, or if the Surety fails to maintain progress according to the plan accepted by the Owner, the Owner may, upon 48 hours written notice, exclude the Surety from the premises, take possession of all 53 material and equipment, and complete the Work in any way the Owner deems to be expedient. The cost of completing the Work by the Owner shall be charged against the Surety and may be deducted from any monies due, or which would become due, the Surety.
If the amounts due under the Contract are insufficient for completion, the Surety shall pay the Owner, within 30 Days after the Owner submits an invoice, all costs in excess of the remaining Contract Price.
F. Payment: The Surety will be paid for completion of the Work in accordance less the value of damages caused to the Owner by the acts of the Contractor.
6. TERMINATION OF THE CONTRACT FOR CONVENIENCE.
The Owner may terminate the Contract if it becomes impossible or impracticable to proceed, or because of conditions or events beyond the control of the Owner.
A. Notice: The Owner will issue a written notice of termination for convenience as follows:
(l) Personal delivery with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor's authorized representative atthe Work site; or (2) Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.
Simultaneously, the Owner may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.
B. Cessation of Work: Upon receipt, the Contractor shall immediately cease work, except work the Contractor is directed to complete by the Engineer or required to complete for public safety and convenience. The Contractor shall immediately notify Subcontractors and suppliers to immediately cease their work.
C. Payment: The Contractor will be paid without duplication for:
(l) Work completed in accordance with Contract Documents prior to the effective date of termination for convenience;
(2) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers, and others; and
(3) Reasonable expenses directly attributable to termination.
The Contractor shall submit a final termination settlement proposal to the Owner no later than 90 days from the effective date of termination, unless extended, in writing, by the Owner upon written request by the Contractor.
54 If the Contractor fails to submit a proposal, the Owner may determine the amount, if any, due to the Contractor as a result of the termination. The Owner will pay the Contractor the amount it determines to be reasonable. If the Contractor disagrees with the amount determined by the Owner as being reasonable, the Contractor shall provide notice to the Owner within 30 Days of receipt of payment. Any amount due shall be as later determined by arbitration, if the Owner and the Contractor agree thereto, or as fixed in a court of law.
7. DELAYS AND EXTENSIONS OF TIME.
A. General: If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of Contract time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as otherwise specified in SubsectionTC of this Contract. Such unforeseen events may include: war, govemment regulations, labor disputes, strikes, fires, floods, adverse weather, or elements necessitating cessation ofwork, inabilify to obtain materials, labor, or equipment, required Extra Work, or other specific events as may be fuither described in the Special Provisions.
No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule.
If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Owner.
The Contractor will not be entitled to damages or additional payment due to such delays, except as otherwise specified in SubsectionTC of this Contract.
If delays beyond the Contractoros control are caused solely by action or inaction of the Owner, such delays will entitle the Contractor to an extension of time per subsection B of this Contract.
B. Extensions of Time: Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for non-controlling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work.
C. Payment for Delays: Pursuant to Public Contract Code Section7l02, the Contractor will be compensated for damages incurred due to delays for which the Owner is responsible.
Such actual costs will be determined by the Engineer. The Owner will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damage the Contractor could have avoided will be made by the Engineer. 55 D. Written Notice and Report: If the Contractor desires payment for a delay as specified in subsection C above or an extension of time, it shall file with the Engineer a written request and report of cause within 30 Days after the beginning of the delay. The request for payment or extension must be made at least l5 days before the specified completion date.
Failure by the Contractor to file these items within the times speeified will be considered grounds for refusal by the Owner to consider such a request.
E. Time of Completion: The Contractor shall complete the Work in the time specified in the Contract or the Special Provisions. The Contractor shall complete each portion of the Work within the time specified as in the Contract or the Special Provisions for such portion.
Unless otherwise specified in the Contract or the Special Provisions, the time of completion of the Contract shall be expressed in Working Days.
F. Contract Time Accounting: The Engineer will make a daily determination of each Working Day to be charged against Contract time. These determinations will be discussed, and the Contractor will be furnished a periodic statement showing the allowable number of Working Days of Contract time, as adjusted at the beginning of the reporting period. The statement will also indicate the number of Working Days charged during the reporting period and the number of Working Days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 Days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted.
8. COMPLETION- AND WARRANTY.
A. Completion: The Contractor shall submit a written assertion that the Work has been completed. If, in the Engineer's judgment, the Work has been completed in accordance with the Contract Documents, the Engineer will set forth in writing the date the Work was completed. This will be the date when the Contractor is relieved from responsibility to protect and maintain the Work, and to which liquidated damages will be computed.
B. Acceptance: Acceptance will occur after all of the requirements contained in the Contract Documents have been fulfilled. If, in the Engineer's judgment, the Contractor has fully performed the Contract, the Engineer will recommend to the Board that the Contractor's performance of the Contract be accepted.
C. Warranty: The Work shall be warranted by the Contractor against defective materials and workmanship for a period of 2 years. The warranty period shall start on the date the Work was completed as determined by the Engineer.
The warranty period for specific items covered under manufacturers' or suppliers' warranties shall commence on the date they are placed into service at the direction of or as approved by the Engineer in writing.
All warranties express or implied, from subcontractors, manufacturer, or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to the Owner, and such warranties shall be delivered to the Engineer prior to acceptance of the 56 Contractor's performance of the Contract.
The Contractor shall replace or repair defective materials and workmanship in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Owner may perform the replacement or repairs at the Contractor's expense. If the Contractor fails to reimburse the Owner for the actual costs, the Contractor's Surety shall be liable for the cost thereof.
9. LIOUIDATED DAMAGES.
Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Owner. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the time specif,red for completion of the Work, as adjusted in accordance with Section 7 above, the Contractor shall pay to the Owner, or have withheld from monies due it, the sum of $500.00, unless otherwise specified in the Special Provisions.
Execution of the Contract shall constitute agreement by the Owner and the Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.
IO. INDEMNIFICATION
To the maximum extent permitted by Civil Code Section2782 et seq., Owner shall not be liable for, and Contractor shall defend, indemni$r, and hold harmless Owner and its officers, agents, engineers, architects, consultants, employees and volunteers (collectively "Owner Parties"), against any and all claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively referred to as "Claims"), which arise out of or are in any way connected to the work covered by this Contract arising either directly or indirectly from any act, error, omission or negligence of Contractor or its officers, employees, agents, contractors, sub-contractors, licensees or servants, including, without limitation, Claims caused by the concurrent negligent act, error or omission, of Owner Parties.
However, Contractor shall have no obligation to defend or indemnify Owner Parties against Claims caused by the active negligence, sole negligence, or willful misconduct of Owner Parties.
This indemnification shall apply to all liability, as provided for above, regardless of whether any insurance policies are applicable, and insurance policy limits do not act as a limitation upon the amount of the indemnification to be provided by the Contractor. 1 I. INSURANCE.
Contractor, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this Contract, the following-described insurance coverage, insuring not only 57 Contractor and its subcontractors, if any, but also, with the exception of workers' compensation and employer's liability insurance, the Owner, its officers, agents, and employees of each of them:
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
(l) Insurance Services Office Commercial General Liability coverage (Occurrence form cG oo0l).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of California and Employer' s Liability Insurance.
B. MINIMUM LIMITS OF INSURANCE
Contractor shall maintain limits no less than:
(l) General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this product / location or the general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease.
C. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductible or self-insured retentions must be declared to and approved by the Owner.
At the option of the Owner, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Owner, its officers, officials, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. OTHER INSURANCE PROVISIONS
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
(1) The Owner, its officers, officials, employees, agents, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied, or used by the Contractor; or automobiles owned, leased, hired, or borrowed 58 by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Owner, its officers, officials, employees, agents, or volunteers.
(2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the Owner, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the Owner, its officers, officials, employees, agents, or volunteers shall be in excess of the Contractor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Owner, its officials, employees, agents, or volunteers.
(a) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state the coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Owner.
E. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best's rating of no less the A:VII.
F. VERIFICATION OF COVERAGE
Contractor shall furnish the Owner with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the Owner.
All endorsements are to be received and approved by the Owner before work commences.
As an alternative to the Owner's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specihcations.
G. SUBCONTRACTOR
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Contractors Property Damage Liability insurance shall include coverage for property damage caused by blasting, collapse, structural injuries, or damage to undergroundutilities.
The policy shall not contain o'x","c" or "u" exclusions. 59 Certificates of such insurance shall be filed with the Owner concurrently with the execution of this Contract or, with Owner's approval, within ten (10) days thereafter. Said certificates shall be subject to the approval of the Owner.
12. WORKERS COMPENSATION.
Contractor represents that he or she has secured the payment of Worker's Compensation in compliance with the provisions of the Labor Code of the State of Califomia and during the performance of the work contemplated herein will continue so to comply with said provisions of said Code. Contractor shall supply the Owner with certificates of insurance, in triplicate, evidencing that Worker's Compensation Insurance is in effect and providing that the Owner will receive ten (10) days written notice of cancellation. If the Contractor self-insures Worker's Compensation, Certificate of Consent of self-insured shall be provided the Owner.
13. BONDS.
The Contractor shall forthwith furnish in triplicate two bonds, each in the amount of 100 percent of the Contract price. One shall serve as security for the faithful performance of the work (hereafter "Performance Bond"). The second bond shall serve as security for the faithful performance and satisfaction of the persons furnishing materials and performing labor on the work (hereafter "Payment Bond"). Both bonds shall be written by a surety company licensed to transact surety business in the State of California and in the form prescribed by law.
The Performance Bond shall remain in force throughout the period required to complete the work and thereafter for a period of 730 calendar days after final acceptance of the work. The Payment Bond will be released 35 days after the recording date of the Notice of Completion, provided no liens are filed with the Owner. The Payment Bond shall contain provisions such that if the Contractor or its subcontractor shall fail to pay (a) amounts due under the Unemployment Insurance Code with respect to work performed under the contract, or (b) any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of the employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the surety will pay these amounts. In case suit is brought upon the payment bond, the surety will pay reasonable attomeys' fees to be fixed by the court.
14. DEFECTTVE MATERIALS: DEFECTIVE WORK.
Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material fumished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within twenty four (24) months after date on which the completed project is accepted by the Owner, the undersigned agrees to reimburse the Owner, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or, upon demand by the Owner, to replace any such materials and to repair said work completely without cost to the Owner so that said work will function successfully as originally contemplated. 60 The Owner shall have the unqualified right to make any needed replacement or repairs after a written notice to cure has been served upon the Contractor and a reasonable time to cure has expired. In the event the Owner elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made within a reasonable time after the receipt of demand from the Owner. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the Owner shall be entitled to all costs and expenses, including attomey's fees, reasonably incurred by reason of the said failure or refusal.
15. LABOR STANDARDS.
A. General: Contractor agrees that construction work shall be subject to the provisions of state and local regulations. In particular, Contractor agrees to comply with all applicable Labor Code requirements whether or not expressly stated herein.
B. Wages:
(1) General: The Contractor and each subcontractor engaged in the work shall pay each employee an amount not less than the rate established for each trade or occupation listed by the Director of the Department of Industrial Relations, State of California. An employee whose type of work is not covered by any of the classified wage rates shall be paid not less than the rate of wage listed for the classification which most nearly corresponds to the type of work to be performed.
(2) State: The Owner has obtained from the Department of Industrial Relations the general prevailing rate of wages in the vicinity of the work to be performed under this Contract.
These wage rates are maintained on hle by Owner at its principle office and will be made available to any interested party upon request.
(3) Enforcement: These wage rates shall be enforced under Sections 1770 through 1780 of the Califomia Labor Code. The Contractor shall be liable for forfeitures or penalties incurred from noncompliance with Labor Code provisions. (4) Payroll Records: Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the work on the Project. Such records shall be certified and available for inspection at all reasonable hours at the principal place of the Contractor as required by Labor Code Section 1776. Certified payrolls shall be submitted weekly to Owner c/o Yamabe and Horn Engineering Inc. Electronic certified payrolls shall also be submitted weekly directly to the Labor Commissioner, Division of Labor Standards Enforcement.
C. Preference for Resident Labor: Whenever possible in the employment of labor for performance of the work, the Contractor shall give preference to qualified persons residing within the general area of the work.
61 D. Hours of Labor: Pursuant to the Labor Code, eight hours of labor shall constitute a legal day's work. The Contractor or any subcontractor shall not require any more than eight hours of labor in a day from any person employed in the performance of the work under this Contract except for authorized work as provided under parugraph Subsection E below.
Failure of the Contractor to perform the work in accordance with this policy of the State of California shall be deemed a failure to comply with the provisions of this Contract.
E. Overtime Work: In accordance with Labor Code Section 1813, the Contractor shall as a penalty to the State or political subdivision on whose behalf the Contract is made or awarded, forfeit twenty-five ($25.00) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which said worker is required or permitted to work more than eight hours in any one calendat day and forty hours in any one calendar week in violation of Labor Code Sections 1810-1815.
Overtime and shift work may be established as a regular procedure by the Contractor with reasonable notice and written permission of the Owner. No work other than overtime and shift work established as a regular procedure shall be performed between the hours of 6:00 p.m. and 7:00 a.m. nor on Saturdays, Sundays or holidays except such work as is necessary for the proper care and protection of the work already performed or in case of an emergency.
Contractor agrees to pay the costs of overtime inspection except those occurring as a result of overtime and shift work established as a regular procedure. Overtime inspection shall include inspection required during holidays, Saturdays, Sundays, and weekdays between the hours of 6:00 p.m. and 7:00 a.m. Costs of overtime inspection will cover engineering, inspection, general supervision, and overhead expenses which are directly chargeable to the overtime work. Contractor agrees that Owner shall deduct such charges from payments due the Contractor.
F. Apprentices: The Contractor and subcontractors shall comply with the requirements of Sections 1777.5 and 1171.6 of the Labor Code in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship Standards and its branch offices.
G. Compliance with SB 854: California Labor Code: Contractor represents that it has complied and will continue to comply with all applicable registration and disclosure requirements of SB 854 and acknowledges the following:
(1) No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section I77LI(a)l
(2) No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
62 (3) This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
(a) No bid proposals will be accepted, nor any contract entered into with a contractor without proof of registration described above.
(5) Contractor must post any job site notices required by regulation. It is the Contractor's responsibility to know the current regulations.
(6) Contractor must furnish electronic certified payroll records to the Division of Labor Standards Enforcement ("Labor Commissioner") as required. The Contractor is responsible for checking with the Department of Industrial Relations for any notices regarding this requirement.
16. LAWS. REGULATI AND PERMITS.
A. General: The Contractor shall give the notices required by law and comply with all laws, ordinances, rules, and regulations pertaining to the conduct of the work. The Contractor shall be liable for violations ofthe law in connection with work provided by the Contractor.
If the Contractor observes that the drawings, specifications are at variance with any laws, ordinances, rules or regulations, the Contractor shall promptly notify the Engineer in writing of such variance. The Owner shall promptly review the matter and, if necessary, shall issue a change order or take any other action necessary to bring about compliance with the law, ordinance, rule, or regulation in question. Contractor agrees not to perform work known to be contrary to any laws, ordinances, rules, or regulations.
B. Permits and Licenses: Unless otherwise specified herein, permits and licenses from governmental agencies which are necessary only for and during the prosecution ofthe work and the subsequent guarantee period shall be secured and paid for by the Contractor.
Permits and licenses of regulatory agencies which are necessary to be maintained after completion of the guarantee period shall be secured and paid for by the Owner.
C. Patents and Royalties: The costs involved in fees, royalties or claims for any patented invention, article, process, or method that may be used upon or in a manner connected with the work under this Contract or with the use of completed work by the Owner, shall be paid by the Contractor. The Contractor and Contractor's sureties shall protect, defend, and hold Owner together with Owner's officers, agents, and employees, harmless against any and all demands made for such fees or claims brought or made by the holder of any invention or patent. Before final payment is made on the account of this Contract, the Contractor shall, if requested by the Owner, fumish acceptable proof of a proper release from all such fees or claims.
Should the Contractor, agent, employee or any of them be enjoined from furnishing or using any invention, article, material or plans supplied or required to be supplied or used under this contract, the Contractor shall promptly pay such royalties and secure the requisite licenses; or, subject to acceptance by the Owner, substitute other articles, materials or appliances in lieu thereof which are of equal efficiency, quality, finish, suitability and market value to those planned or required under the Contract. Descriptive 63 information of these substitutions shall be submitted to the Engineer for determination of general conformance to the design concept and the construction Contract. Should the Owner elect to refuse the substitution, the Contractor agrees to pay such royalties and secure such valid licenses as may be requisite for the Owner, Owner's officers, agents, and employees or any of them, to use such invention, article, material, or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof.
17. CALIFORNIA LAW AND VENUE.
The terms of this Contract shall be govemed by and construed in accordance with the laws of the State of California applicable to contracts entered into and to be performed in California. In the event any part of this Contract shall be held to be invalid, void, or otherwise unenforceable for any reason, the Contract shall be modified rather that voided, if possible, in order to achieve the intent of the parties to the extent possible and in any event, all other provisions of this Contract shall remain valid and enforceable.
I 8. MUTUAL NEGOTIATION.
Contractor acknowledges that the provisions herein have been mutually negotiated and neither party shall be construed to be the drafter of this Contract.
I9. ATTORNEY'S FEES.
In the event of litigation concerning this Contract the prevailing party shall be awarded reasonable attorney fees and costs of suit, in addition to appropriate compensatory damages or other relief ordered for the benefit of the prevailing party.
64 IN WITNESS WHEREOF, the parties have executed this Contract this 2023.
CITY OF SANGER
(owNER) (cONTRACTOR)
By
Greg Garner, Acting City Manager
Title:
Approved as to Form:
Federal Taxpayer I.D. No.
City Attomey
day of
By
65 Fot the Meeting of; August 77,2023
Agenda Item No.: g-5
CrrYoF SINGER
Rtr,PORTTO THE, CITY COUNCIL
To:
From:
Subject:
Mayor and Councilmembers
David Brletic, Community Development Director
Ordinance No. 2023-07, Ordinance Map Amendment No. 2023-02 for the pre- annexation zoning of two parcels from Fresno County's AE-10 (Exclusive Agricultural) to the City's R-1-6 (Single Family Residential District) for two parcels of approximately 28.37 acres generally located south of E. North Avenue, east of S. Bethel Avenue, and west of S. Greenwood Avenue (APNs 332-090-01 and332-090-03).
Attachments: (1) Ordinance No. 2023-07
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends that the City Council waive the full second reading and adopt Ordinance No. 2023- 07, amending the City of Sanger Zoning Map for the pre-annexation zoning of two parcels from Fresno County's AE-l0 (Exclusive Agricultural) to the City's R-1-6 (Single Family Residential District) for two parcels of approximately 28.37 acres generally located south of E. North Avenue, east of S. Bethel Avenue, and west of S. Greenwood Avenue (APNs 332-090-01 and332-090-03).
EXECUTIVE SUMMARY:
Ordinance No. 2023-07, amends the City of Sanger Zoning Map for pre-annexation zoning of two parcels from Fresno County's AE-10 (Exclusive Agricultural) to the City's R-1-6 (Single Family Residential District) for two parcels of approximately 28.37 acres generally located south of E. North Avenue, east of S. Bethel Avenue, and west of S. Greenwood Avenue (APNs 332-090-01 and 332-090- 03).
Prepared by: David Brletic Approved by:
REVIEW: City Manager: Finance: City Attorney:
TYPE OF ITEM:
X Consent
Informational Item
Action Item
COUNCIL ACTION: APPROVED DENIED NO ACTION
Public Hearing
Matter Initiated by a Council Member
Other:
Continued to:
66 Ordinance No.2023-07 zones the subject property consistent with the Sanger 2035 General Plan. Planning Commission Resolution2023-08 recommends approval of the Prezoning. The City Council conducted a public hearing for the First Reading and Introduction of Ordinance No. 2023-07, at its regular City Council of August 3,2023. The Council was introduced on a 3-2 vote.
PRO.IECT BACKG SUMMARY:
This matter was previously brought before the City Council on July 6, 2023, but no majority was obtained at that time as one Councilmember was absent. This matter was then re-noticed for this hearing. Whether to approve this pre-zone is a policy decision. However, if the Council decides not to approve this pre-zone, LAFCO will likely be required to reject the annexation of the entire Somerset Residential Community Project (which was previously approved by the City Council) for failing to meet annexation standards. This in turn will result in in the loss of a 10-acre park planned for the community, and the loss of housing stock of 490 residential units. It could also have impacts on the City's ability to meet its requirements for providing housing stock to comply with regional housing needs assessment (RHNA)-based requirements, affect the ability to show compliance with the City's adopted Housing Element, and could also have implications given the California Department of Housing and Community Development (HCD) oversight of certain housing matters.
The concern expressed with approval of the proposed project was specific to availability of water to serve the proposed project. Complex development projects can take multiple years to plan and entitle.
The proposed Somerset Residential Community Project includes numerous entitlements, Zoning Amendment, Tentative Subdivision Map, Conditional Use Permit, CEQA Environmental Review, and Annexation. The entitlement process requires review by the City of Sanger Planning Commission, City of Sanger City Council, and Fresno LAFCo (Local Agency Formation Commission), to get to a conditionally approved entitlement. The proposed design of the development, including the Tentative Subdivision Map and Conditional Use Permit, were approved by the City of Sanger Planning Commission on March 23,2023,through ResolutionNo. 2023-05. The Conditions of Approval include the following requirement regarding water availability:
E. Water lmprovgtnentg
1. The City do_es not curently have sufficient weter supply capacity to serve the project as proposed. The determination of "sufficient water supply capacity" is being made by the City Engineer pursuant to the California Waterworks Standards (Cal Code of Regs. $64SS4i.\A/ttile cuffent capacity of the City water system has been determined insufficient Oy ttris standard, muftiple capital improvement projec-ts are curenlly funded and are being implemented by the City of Sanger in order to improve the system to a point of sufficiency.
It is anticipated that a combination of the above-planned projects will result in the improvement of the water system to a point of sufiiciency to serve the proposed project.
The Gity will withhold issuance of Certificates of Occupancy on the subject project until a deteffnination can be made that there is sufficient capacity to serve 1ne project. lt is currently proiected that this will be possible in the second half of 2024. (City Engineer) It is standard for local govemment to conditionally approve complex development projects, contingent upon Conditions of Approval necessary to meet all development standards. An approved entitlement provides the project proponent the ability to build a project, if, and when they can meet all Conditions of Approval.
Prior to commencing construction, the proponent of the approved entitlement must prove that they can meet all Conditions of Approval. This is done through the Final Map and Subdivision Agreement process, which includes bonding for all improvements. This process requires subsequent City Council 67 approval, and ensures that all Conditions of Approval have been met or will be satisfied prior to construction or occupancy.
The City Council previously approved Prezoning of the Somerset Residential Community project site and adopted a Mitigated Negative Declaration for the entire project, at its regular meeting on March 23,2023.
The Prezone amendment currently before the City Council is for two adjacent parcels not within the Somerset Residential Community project site itself, but which are necessary to facilitate the annexation of the project area. The ZoningMap Amendment proposes to pre-zone two parcels to the R-1-6 zoned district consistent with the existing General Plan designations, which is required for annexation. Initiation of Annexation of the two parcels being Prezoned, as well as the entire Somerset Residential Community project site, is being recommended for approval by the City Council. The Resolution to Initiate Annexation currently before the City Council is necessary to submit application to Fresno LAFCo to initiate annexation of the entire project site.
The proposed pre-zone amendment impacts two separate parcels, each bordering the Somerset project and required to be included in the annexation of the Somerset project area by the Fresno Local Agency Formation Commission (LAFCO). The parcels in question are not proposed to be developed as part of the project and have been assigned zoning districts based on their existing General Plan Designation.
See below the proposed annexation area with subject parcels hatched. The non-hatched portion within the red line is the Somerset Residential Community project property, which has already been approved for rezoning by the City Council.
See below the existing zoning of the two properties, as well as the Somerset Residential Community project areal
68 AE-20 *
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/1. C
See below the proposed zoning of the two subject properties, as well as the Somerset Residential Community proj ect area:
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Required Findings:
All required findings for Zoning Ordinance Map Amendment No. 2023-02 are included Planning Commission Resolution No. 2023-08. The Prezoning is consistent with the goals, objectives, and policies of the Sanger General Plan. Additionally, public necessity, convenience, general welfare, or good zoning practices justify adoption of Zoning Ordinance Map Amendment No. 2023-02. The change is also consistent with the pulpose of the Development Code 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. The change is also necessary for good zoningpractices to achieve the balance of land uses desired by the City and to provide sites for needed residential uses consistent with the General Plan.
Environmental Analysis
The rezones and annexations ofthe two sites, as well as annexation ofthe Somerset Residential Community project sites, have already been environmentally assessed by the City. A mitigated negative declaration was adopted by the City Council for the Somerset Residential Community project on May 18, 2023. No fuither environmental action is required as the rezoning of the two remaining sites comprises a portion of AE-20
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RM-2.5
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R,1-6R-1-6
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R-1-6
RM-2.5
69 the overall Somerset Residential Community project, and annexation standards also require zoning and annexation of the two project sites along with the Somerset Residential Community project. Additionally, there have been no substantial changes in the project since it was originally assessed, or no substantial new information that was not previously known when the project was originally assessed. No further action under the California Environmental Quality Act (CEQA) is required.
REASON FOR RECOMMENDATION:
Zomng Ordinance Map Amendment No. 2023-02 Prezones the subject property consistent with the Sanger 2035 General Plan and facilitates development ofthe Somerset Residential Community Project. Planning Commission Resolution 2023 -08 recommended approval of the Prezoning.
FISCAL IMPACT:
None known.
ALTERNATIVES:
The City Council may choose not to approve Ordinance No. 2023-07.
ACTIONS FOLLOWING APPROVAL:
If adopted, Ordinance No. 2023-07 will go into effect 31 days following adoption. 70 ORDINANCE NO. 2023.07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER
APPROVING ZONING ORDINANCE MAP AMENDMENT NO. 2023-02
FOR PRE.ANNEXATION ZONING OF TWO PARCELS FROM FRESNO
couNTY,s AE-20 (EXCLUSM AGRICULTURE) TO THE CrTy'S R-l-6 (SINGLE FAMILY RESIDENTIAL DISTRICT) FOR TWO PARCELS OF' APPROXIMATELY 28.37 ACRES GENERALLY LOCATED SOUTH OF E.
NORTH AVENUE, EAST OF S. BETHEL AVE, AND WEST OF S.
GREENWOOD AVE (APNS 332-090-01, AND 332-090-03)
WHEREAS, David Duda (4-Creeks, Inc.), on behalf of property owner Gurkirat S. Toor ("Applicant"), submitted a pre-zoning application, to pre-zone two non-adjacent parcels totaling
28.37 acres generally located south of E. North Avenue, east of S. Bethel Ave, and west of S.
Greenwood Ave (APNs 332-090-01 and 332-090-03); and
WHEREAS, the two parcels are adjacent on separate sides of the Somerset Residential Community project, and zoning and annexation (but not development) of the two project sites is required as part of the Somerset Residential Community project; and WHEREAS, the two parcels currently within the City's Sphere of Influence ("SOI") but outside the City limits; and
WHEREAS, the Sphere of Influence dehnes those areas the City may annex for future urban development; and
WHEREAS, Fresno County has zoned the Project area for Agriculture (AE-20); and WHEREAS, the Project area is proposed to be annexed into the City limits of Sanger, concurrently with the property subject to Zoning Ordinance Map Amendment No. 2023-01 and thus the two parcels are proposed be pre-zoned to match the proposed land use designations of the 2035 General Plan; and
WHEREAS, California Govemment Code subdivision 65859 (a) states, a city may pre- zone unincorporated territory to determine the zoning that will apply to that territory upon annexation to that city. The zoning shall become effective at the same time that the annexation becomes effective; and
WHEREAS' the City desires to pursue annexation and a sphere of influence (SOI) and adopt pre-annexation zoning for the Project Area, including the two parcels; and WHEREAS, the Applicant submitted a proposed Zoning Ordinance Map Amendment ('oPrezone") No.2023-02,to pre-zone the two parcels to the R-1-6 (Single-family Residential) district, consistent with the General Plan designations for the properties, as well as initiation of annexation of the properties; and
0L236.OrOs/9O2348.L
71 WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 ("CEQA"), the City, as the Lead Agency, has analyzed the proposed Project and has prepared a Mitigated Negative Declaration ("MND"), which has previously been adopted for the Project including the rezoning and annexation of the two parcels; WHEREAS, at its meeting of May 25,2023, the Planning Commission conducted a duly noticed public hearing and recommended the City Council approve an ordinance to adopt pre- annexation zoning for the Project areaby adopting Prezone No. 2023-02, andto initiate annexation for the entire Somerset Residential Community project area (previous prezoned per Prezone No. 2023-0T) including the two parcels subject to Prezone No. 2023-02.
WHEREAS, the City Council has also conducted a duly noticed public hearing to consider approval of Prezone No. 2023-02, and after all interested parties were given an opportunity to be heard and present evidence, the City Council now desires to adopt Prezone No. 2023-02, and to initiate annexation for the entire Somerset Residential Community project area including the two parcels.
NOW, THEREFORE, the City Council of the City of Sanger does ordain as follows:
1. Recitals. The City Council hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.
2. CEOA: The City Council finds that a mitigated negative declaration was adopted by the City Council for the Somerset Residential Community project, including the two parcels, on May 18,2023. The MND identified that implementation of the proposed Project would require rezoning of the two parcels and annexation of the two project sites along with the Somerset Residential Community project. This pre-annexation zoning was included within the scope of the project, and was environmentally assessed in the MND. The pre- annexation zoning does not change the environmental assessment of the MND. Further, the MND was certified on May 18,2023. The City Council further finds that no subsequent review is required under CEQA Guidelines section 15162 given that since that time no substantial changes have been proposed in the project which will require major revisions of the previously approved MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
Likewise, no substantial changes have occurred since that time with respect to the circumstances under which the project is undertaken which will require major revisions of the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There is also no new information, which was not known and could not have been known at the time of the MND was prepared that the Project will have significant effect not discussed in the MND. As such, the City Council finds Prezone No.2023-02 and the associated annexation of the entire Project area has already been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines section 15162, and no further action or review is required under CEQA.
J Plan Consi The City Council finds that the pre-annexation zoning of both parcels is consistent with the goals, objectives, and policies of the Sanger General Plan. 01236.OLO'/9O2348.I
72 The City Council further hnds that public necessity, convenience, general welfare, or good zoning practices justiff adoption of Zoning Ordinance Map Amendment No. 2023-02.
Specifically, the pre-zoning change is consistent with the General Plan goals and policies, any operative plan, or adopted policy, and implements the planned land uses in the Project area. The change is also consistent with the pulpose of the Development Code 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. The change is also necessary for good zoning practices to achieve the balance of land uses desired by the City consistent with the General Plan.
4. Approval. The City Council adopts this ordinance approvingZoningAmendment 2023- 02 as set forth in Exhibit "A" to this Ordinance.
5. Severability. 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.
6. Effective Date. This Ordinance shall take effect on the thirty-first (3lst) day after its adoption.
7. Publication. The City Clerk is authorized to cause this ordinance or a summary of this ordinance to be published in a newspaper of general circulation in the City of Sanger, within fifteen days after its adoption. If a summary of the ordinance is published, the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted at City Hall at least five days prior to the meeting at which the ordinance is adopted and again after the meeting at which it is adopted.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Sanger held on August 3,2023, and was passed and adopted at a regular meeting of the City Council held on _2023, by the following vote:
AYES:
NOES:
ABSTAIN
ABSENT:
ATTEST:
COI-INCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
01236.0105/902348.1
APPROVED:
73 Rebeca Padron
City Clerk
Frank Gonzalez,Mayor
City of Sanger
oL236.OLO'/902348.r
74 Exhibit A
Zoning Ordinance Map Amendment No. 2023-02 - New Zoning APN 332-090-01: Rezoned from AE-20 to R-1-6.
APN 332-090-03: Rezoned from AE-20 to R-l-6.
I
R-1-6 R-1-6
,'?i-i' , :..
l
01236.0105/902348.1
75 For the Meeting of:
Agenda Item No.:
August 17,2023
9-b
CrrYoF SINGER
RE,PORT TO THE, CITY COUNCIL
To: Mayor and City Council
From: Vianey Albarran-Perez, Recreation Specialist
Subject: Approval of Fresno-Madera Area Agency on Aging (FMAAA) Contract for FY 2023-2024 - Contract No. 23-0191APR
Attachments: 1) FMAAA Contract Resolution No.2023 - L/3 Coxrr,rcr or IxrrRnsr:
None known.
Rrcourvrnxuluor,j
Staff recommends that the City Council:
Adopt Resolution Approving Contracts with the Fresno Madera Area Agency on Aging for the Title III Cl Congregate Nutrition Program For Older Adults And AuthorizingTheir Execution for FY 2023-2024 Exncurrvn Suvrvrlny
The Fresno-Madera Area Agency on Aging (FMAAA) contract is an ongoing agreement that provides funding utilized solely for the Senior Meal Program offered at the City of Sanger Senior Center. The contract with FMAAA needs to be renewed every f,rscal year.
B.q.crcnouNo
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 Preoaredbv: VianevAlbatran-Perez Approved by:
REVIEW: City Manage
", 0(/ Finance: Citv Attornev:
TYPE OF ITEM:
ACTION
X Consent
Info Item
X Action Item
Deoartment Reoort
Redevelooment Asencv
COUNCIL ACTION: APPROVED DENIED NO
Public Hearing
Mattet Initiated by a Council Member
Other
Continued to:
76 Agency on Aging have had contract agreements for well over 20 years before the closure of the Senior Center due to Covid-l9.
Rplsox ron Rucovrnanuo.Lrrolv
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 program through the FMAAA for the FY 2023-2024,the City Council must review and approve the new contract. The funds received from the FMAuAA 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.
Frscu,Ivrplcr
The total amount of FMAAA funds awarded to the City of Sanger for the FY 2023-2024 is$24,250 and is to be used specihcally 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,rnnn,trrvns
Council may elect not to approve the contract renewal with FMAAA, and provide further direction to staff.
AcrroNs F olr.owrNc APPRovAL
Staff will work with FMAJAA to execute the contract and implement the program at the Sanger Senior Center.
77 ATTACHMENT 1
78 RESOLUTTON NO. 202:,- q 3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APPROVING
CONTRACT WITH THE FRESNO MADERA AREA AGENCY ON AGING FOR THE TITLE III Cl CONGREGATE NUTRITION PROGRAM FOR OLDER
ADULTS AND AUTHORIZING EXECUTION
WHEREAS, the City of Sanger has entered into an Agreement with the Fresno Area Agency on Aging (FMAAA); and
WHEREAS, Contract Number 23-0191ARP 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:
l. 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, 2023 to June 30, 2024, including any subsequent amendments and all the necessary supporting documents.
3. This resolution is effective upon adoption.
rf rlc *. * *,1. *. * * * * * * * *,1. d.
The foregoing Resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 17th day of August 2023 and approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
ATTEST:
Rebeca Padron, City Clerk
79 Agencyon Aging
Change The Way You Age
Fiscal Year 2023-2024 Contract
between
City of S anger
and
Fresno-Madera Area Agency on Aging
Contract No . 23-019lARP
American Rescue Plan- Site Management
80 Agency on Aging
June 27,2O23 Change The Way You Age
John Mulligan, Public Works Director
City of Sanger
17007th Street
Sangre, CA 93657
Public Works Director Mulligan,
The Fresno-Madera Area Agency on Aging's Governing Board has approved has approved an award of American Rescue Plan (ARP) funds to the City of Sanger as follows:
Contract no. 23-0191ARP, Title lll Cl Consreeate Nutrition, Site Management Sanger Senior Center 523,250 Maximum Expenditure
Please note, grant awards are contingent on sufficient funds made available from the State of California to the Agency on Aging and/or by the United Stated Government or the Budget Acts of the appropriate fiscal years for the purpose of these programs.
Two set of contract documents are enclosed. Page i, Documents Required to Execute Contract, is included as a guide for contract completion. We will provide contract components that are available in electronic format via e-mail. Please provide two complete and signed sets of the contract documents to our office at your earliest convenience.
Pending finalization of the fiscal year 2022-2023 contract, this letter will serve as your authority to provide the Title lll C1 Congregate Nutrition Site Management Program with the City of Sanger under contract no. 23-0191ARP as of July 'J.,2023. The authority contained herein expires September 30, 2023, or when the contract is fully executed, whichever comes first.
Please contact me at 559-319-0863 with any questions.
si rely,
Hiil Bennett
Program Director
Fresno-Madera Area Agency on Aging
Moiling Address: 2037 W. Bullord Avenue, #512 . Fresno, CA 93Zl I Phone 559.214.0299 . Fox 559.243.565,| . Emoil [email protected] 81 DOCUMENTS REQUIRED TO EXECUTE ARPA SITE-MANAGEMENT
CONTRACT FY 23.24
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 original signatures in ink on both sets of documents:
n Page2, GrantAward Contract Signature page
Must include signature of individual nay.tgd o1 Exhibit E, page 5, as having primary, hands-on involvement & oversight of day-to-day operations; and signature of individuat authorized by-governing boird to eiecute the contract (srr ,qiiridi, n). n Appendix A, Resolution of Authorization to Contract
Must contain signature of chair of service providels governing board. n Appendix B, Contractor Certification Glauses
Must contain signature of individuat authorized by governing board to execute the contract (see Appendix A). tr Appendix C, lnformation lntegrity and Security Statement Must contain signature of individuat authorized by governing board to execute the contract (see Appendix A).
AEo, check appropiate box under "Ceftiff' at bottom of page 2 to indicate 12&bit Encryption comptiance sta s. ! Appendix K, Request for Taxpayer ldentification Numbel and Certification W.g)Part ll, Certification, nust contain signature of individua! authorized by goierning board to execute the contract (see AppendixA). Only page 1, signature page required (do not submit pages 2_6).
The followin0 contract documents require typed entries on both sets of documents:
t] Appendix D, Method of providing Audit Compliance
n Exhibit B, Budget: Email Excelversion to [email protected]; submit 2hardcopies with contract. tr Exhibit E, Program Narrative: Email word version to [email protected], submit 2 hard copies with contract, n Exhibit F, Service provider Emergency Resource lnformation ! List of all proposed subcontractors for this Agreement (if any), and, following review of Agency on Agingcontract, copy of proposed contract template to be used forsubcontractors. 1 n
n 6. List of Governing Board members
tr 7. List of Advisory council or Advisory committee members (if appticabte) ! 8. Current documents (i.e. ftyers, brochures) used to promote the contracted program n L COVTD-1g Re-Opening ptan
Documents Required to Execute Contract
American Rescue Plan Grant Award
! 2. Certificate(s)of lnsuran ce Please review Articte XV of Agreement priorto anangino for certifrcate to ensure att contractuat requirements for insurance certificate are met and speciic contract tanguage included on cett:tficate 3' Copy of IRS Determination Letter of Tax Exempt Status if a non-governmental organization.
4. Organizational chart, inctuding names and position tittes for contracted program
5. Job Description and Resume of individual naned on Exhibit E, page 5, who has primary, hands-on involvement and oversight ofthe day-to-day operations ofthe contracted program FY 2023-2024
82 American Rescue Plan Grant Award
Table of Gontents
Documents Required to Execute Contract..
GorurnRcr
AnttentcRl,t Rescue Pur Gnnrur Aweno Tenms eno GonotnoNs DecuRllon Article l.
Article Il.
Article lll.
Article lV.
Article V.
Article Vl.
Article Vll.
Article Vlll.
Article lX.
Article X.
Article Xl.
Article Xll.
Article Xlll.
Article XlV.
Article XV.
Article XVl.
Article XVll.
Article XVlll
Article XlX.
Article XX.
Definitions and Resolutions of Language Conflicts .....
Agreement
Term of Agreement............
Reasonableness of Compensation
Assurances........
Funds
Budget and Budget Revision
Payment
Subcontracts ...........
Records and Reports.....................
Property.....
Access.....
Monitoring and Evaluation .......,...
Audit Requirements............
lnsurance.
Voluntary Contributions ............
Termination ..............
Remedies and Appeal Process
Amendments, Revisions or Modifications
Notices
..1
..3
..3
.^5
..6
..6
,,7
21 25
27 28
30 31
35 35
36 42
44 45
48 48
49 American Rescue Plan Grant Award
Table of Contents
ii Rev. June 2023
83 CONTRACT BETWEEN
CITY OF SANGER
AS SERVICE PROVIDER
AND
FRESNO.MADERA AREA AGENCY ON AGING
(HERETNAFTER REFERRED TO AS AGENCY ON AGTNG)
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 July 1,2023 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 JUNE 21,2023 FederalGrantor: 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, FederalCFDA No. 93.045 Contract No. 23-0191ARP Service: Site Management
Site 12-Month
Funding Cycle
One-Time
Start-Up Costs
Contract Period
GrantAmount
Sanger Senior Center $23,250 Used FY 22-23 $23,250
Total Term of Contract Grant Award: $23,250
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 lll/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 Grant Award
Contract
84 FOR SERVICE PROVIDER:
Srgnafure of individual named an Exhibit E, page 5, as having Date primary, hands-on involvement and oversight of the day-today operalions af the cantracted pragram.
John Mullioan Public Works Director
Type Name Title
$ignature of Authorized Contracling Official
{Referto Appendix A}
Date
Greg Garner City Manager
Type Name Title
94-600425
Contractor Fedenal Employer l.D. Number
FOR FRE$NO.MADERA AREA AGENCY OT.J A,GIIIIG:
Signature Date
Jamie J. $harma Executive Director
Type Name Title
American Rescue Flan Grant Award
Contract
85 FRESNO'MADERA AREA AGENCY ON AGING
AMERICAN RESCUE PLAN 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; federal and State laws;'and the Californii W"lfur" 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 Funds.
ARTICLE I. DEFINITIONS AND RESOLUTIONS OF LANGUAGE CONFLICTS A. ,'Agency on Aging" and "FMA.,M" means the Fresno-Madera Area Agency on Aging interchangeablY.
B. ',Agreement" or "Contract" shall mean the Fresno-Madera Area Agency on Aging American Rescue Plan Act Agreement; American Rescue Plan nct drait Award Terms and Conditions Declaration (Articles I through )fi); Appendices; Program Exhibits; Budget Display; Attachments; Amendments; and any other documents incorporated by reference, unless othenryise provided in this Article'
C. "Allocation" means the process of assigning a cost, or a group of costs, to one or more cost objective(s), in reasonable proportion to the benefit provided or other equitable relationship. The process may entail assigning a cost(s) directly to a final cost objective or through one or more intermediate cost objectives. (2 CFR S200.1 and 45 CFR 575.2) "Contractod' or "service Provide/' 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 D
E.
F.
G
Agreement.
"CCR' means California Code of Regulations
"CFR" means Code of Federal Regulations.
"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 5200'1 and 45 CFR 575'2) American Rescue Plan Act Grant Award
Terms and Conditions Declaration
3 FY 2023-2024
86 H
American Rescue Plan Act Grant Award
Terms and Conditions Declaration
"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. 'OAA' means Older Americans Act.
K. 'OMB' 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,
lncome from usage or rentalfees of real or personal property acquired with grant funds or funds provided under this Agreement.
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.
M "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 5200.1 and 45 CFR 575.2).
O. "Recoverable cost" means the questioned cost identified from an audit.
P. "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 and the Subcontractor, including an agreement that the Contractor or 2 3
N
4 FY 2023-2024
87 Subcontractor would consider to be a contract, including vendor type Agreements for providing goods or services under this Agreement. "Subcontractod' means the legal entity that receives funds from the Contractor to carry out any 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 2020 (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.
Contract Agreement, including American Rescue Plan Act Grant Award Terms and Conditions Declaration, allAppendices, all Exhibits, and any amendments thereto.
Any other documents incorporated herein by reference, including, if applicable, the federal Health and Human Services (HHS) terms and conditions found in Part ll of the HHS Grant Policy Statement. The HHS Grant Policy Statement is available under the HHS Policy Requirements Topic at
http s ://wrw. h h s. gov/g ra nts/g ra nts/g ra nts-po I ici es- regulations/index. html.
Program memos and other guidance issued by the California Department of Aging, including those specific to American Rescue Plan Act funding.
W. American Rescue Plan Act means the American Rescue Plan Act of 2021 (P.L. 1 17-2) signed into federal law on March 11 , 2021.
ARTICLE II. AGREEMENT
A. All elements 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.
American Rescue Plan Act Grant Award
Terms and Conditions Declaration
S
T
U
V
1 2
3 4
5 5 FY 2023-2024
88 B' Time is of the essence in this Agreement. Ail contracts must be signedand returned to the Fresno-Mad-era Area Agen.v "" agi.g within forty-five (45) days of the date on the .onii".t cover tbtter. irtn" signedcontract is not returned.by the designated date and there has been noapprovar granted, then the fyndl miy be ,""rrio.ri"j'fuin" Fresno_Madera Area Agency_on Aging coverning Board. iilh;"ncy on Agingwill send a Notice of rermiiatLn of N"goiirt#; ; fi#"n-responsiveservice Provider on the a6th day i.-t'" oate oiinl iontract cover letterby certified mair. A copy of the iresno-Madera Area Agency on AgingAppeal procedure wilibe sent with inl letter. c' A copy of this Agreement is on file and available for inspection at theFresno-Madera Agengl gn Aging, zsii.owest shaw L;;, suite 101A,Fresno, California, 93711. - ARTICLE III. TERM OF AGREEMENT
A' This Agreement is of no force or effect until signed by both parties heretoand approved by the Agency on Aginj rne cinira.flirrv notcommence performanc.e until such approval has been obiained, or until asigned Letter of Authority has been frlvideo ortne ngel.v on Aging.
B. The.term of this Agreement is from Jury 1 ,.2o2g,through June 30, 2024,at which.time the Agree.ment expires, subject no*""cio earriertermination or cancellation "r n"rinbrovided. contract awards arelimited to a one-year period; howeuef "t tn" discretion tiin" Agency onAging, contracts may be,renegotiated'up to a maximur-oion" additionalone-year period subject jo.a.nngl renegotiation and avaitaoility orAmerican Rescue pian Act funding. -" c' should the contractor or subcontractor begin work in advance ofreceiving notice that the Agreement is abproved, and before obtaining asigned Letter of Authority from tn" Aglnty on Aging, that work may beconsidered as having been performel at-iisk "r " Jorrniler ano may notbe reimbursed or compensated.
ARTICLE IV. REASONABLENESS OF COMPENSATION
compensation for work or services performed under this Agreement shall bereasonable and based on an.analysis of lob requirementr Jno .orparabilitywith simirar work or services in the ro.ar 6noi market.
ARTICLE V. ASSURANCES
6 American Rescue plan Act Grant AwardTerms and Conditions Declaration FY 2023-2024 89 A Aoreement Authorization
1. lf a public entity, the contractor shall submit to the Agency on Aginga copy of the resolution, order, or motion referencingil.,i, ngreeil'entnumber authorizing execution of this Agreement. ff; privatJ uniity,the Contractor shall submit to the Ageniy on Aging an authorizationby the Governing Board of the Contractor to exlcute this Agreement,referencing this Agreement number. These documents, inci-uding minute orders, must also identify the action taken.
2. Documentation in the form of a resolution, order, or motion by theGoverning Board of the contractor is required for the original'andeach subsequent amendment to this Agreement. This ri uirementmay also be met by a single resolution irom the Governing Board ofthe Contractor authorizing the designee to execute the ori-ginal andall subsequent amendments to this Agreement.
Administration
1. The contractor shall be a public entity, private nonprofit entity, orJoint Powers Authority (JpA). lf a privaie nonprofit corporation orJPA, the contractor shall be in good standing with the becretary otState of California and shall maintain that sta-tus throughout the termof the Agreement. a. Any grant awardg to for-profit entities are subject to review andapproval by the california Department of Aging prior to issuanceof a contract by the Agency on Aging to ttricdniractor. tzz CCa s73621
2. The contractor shall ensure that any subcontractors providing services under this Agreement shafi be of sound financiar staius.Any subcontracting private entity or JpA shall be in good standingwith the secretary of state of california and shall mJintain thatstatus throughout the term of the Agreement.
3. Failure to maintain good standing by the contracting entity shallresult in suspension or termination of this Agreement with theAgency on Aging until satisfactory status is iestored. Failure tomaintain good standing by a subcontracting entity shall result insuspension or termination of the subcontrait by the Contractor untilsatisfactory status is restored.
4. This Agreement is not assignable by the contractor, either in wholeor in part, without the written consent of the Agency on Aging in theform of a formal written amendment.
B
American Rescue Plan Act Grant Award
Terms and Conditions Declaration
7 FY 2023-2024
90 5 The contractor, and.the agents and emproyees of the contractor, inthe performance of this nfreementl srrait ,Lt in un inJepenoentcapacity and not as_officeis or "rpioyees or agents of the state orthe Agency on Aging
ln the event that any provision of this Agreement is unenforceabre orheld to be unenforceabre, ttren ine parties agree that a, other B:#J:[.:f
this Asreement have iu' force;il;ff;;iand sha' not
6. Sc.
1 r
The contractor certifies to the best of its knowredge and berief, that itand its subcontractors:
2 a' Are not presenty debarred or suspended, proposed fordebarment, decrared inerigibre, or voruntariry excruded fromcovered transactions by any federar o"p"rtrir"rior agency.[45 CFR Se2.35] b' Have not, within a three-year p.eriod preceding this Agreement,been convicted of, or had a civiriuogmenir"ni"r"o againstthem for commission of fraud or a criminar offense in connectionwith obtaining, attempting to ontain, or p"rf"lri^g a public(federar, state, or rocar) tiansaction or.oniir.i'rno",. a pubrictransaction; vioration of federar or staterri,trrrirtatues orcommission of embezzrement, the_ft, i*g.ry, tiit"rv, farsificationor destruction of records, making faise s"tater.ntr, or receivingstolen property. c' Are not presenfly indicted for or othenruise criminaily or civiilycharged by a governmental entity fr"o"*1, siri", ",local) w*hcommission of any of the offenses enumerated in section c.1.bof this Article. d' Have not, within a three-year pe.riod p-receding this Agreement,had one or more pubric tiansaction. ir"o"oi, "si"i", or rocar)terminated for cause or default.
The contractor sharr report immediatery to the Agency on Aging, inwriting, any incidents of alleged trauO dnOlo,",0u1" ii either thecontractor or subcontractorJ. Tne contractor shail ,"intrin ,nyrecords, documents, or other evidence of fraud and abuse untirotherurise notified by the ng"n.y o; Aging.
IAmerican Rescue plan Act Grant AwardTerms and Conditions Declaration FY 2023-2024 91 3
4. The contractor agrees to timely execute any and all amendments tothis Agreement oi other t"qrirrio ,ilcumentation rerating to theS u bco ntra cto r's o e o a rm eii, lrc o. r"r,o n status.
The contrarror rl:r.rotjtl tfre Agency on Aging immediatery of any i:lT::i, l?d
isco nti n ue eiistencJ oi tn.
"ntii/ ;:, ;;,ffi,s an a ctio n
D P
The Contractor agrees to administer this Agreement and requiresubcontractors administer their subcontracts in accordance with this to any
Agreement, and with all applica ble local, State, and federal laws andregulations including, but not limited to, discrimi nation, and hours ofemployment, occupational safety, and to fire, safety, and sanitation wages
health,regulations, directives , guidelines , and/or manuals related toAgreement and resolve all rssues using good admin istrative practices a a
this
sound judgment. Contractor and its subcontra ctors shall keep in The
all licenses, permits, notices, and certificates that are required by law nd
effect
nE
1' The contractor shall ensure the provlsion of services under thisAgreement, a,s spgcitieo oy tne'3ltag.'eo exhibits, which are herebvrncorporated by reference."rnadequate performr-n"" or fairure tomake progress so as to enoang.er perform"n." ol this Agreementmay resurt in imposition of ,unition" ", o.r.ri;"i ,n Appendix F,
ifli:i:wi;:;;;,?;i;lti""rth"A;;";;;:,describedin
2' The contractor.shat make every effort to meet the goars andobjectives rtioyll"g in ini,ll"r*j"r.nr. performance shalr not be illii:Hfl'ilreduced o' otnl*irl crransed wffi;i prior consurtation reductoniil"ffiJ,:,"nX{;,ndiimtrut'*'; j:##iut
l""JXf.X:'
its Area Pran oin'1-"'Fi"n uililJ;il" unit objectives
a" written approvar from the carifornia Department of Aging to the fiiilr
on Asins ir sr"nieli,ction is si;;;;il"" ten percent
b. An Amendr::t^I9 the Agency on Aging,s Area ptan if such ;..,ffi
tilJ#sreatertnaniwentvp"rienii;o;";"i,incrudinsa
novisorvcJn;i,'j#ffi LiJJff *%irJ;,* j;[ry"{:,*x".
American Rescue tlrn:q"l Grant Award 9Terms and conditions oectaratio; "" r 9 Fy 2023_2024 92 F
Director; and approvar by the carifornia Department of Aging.[22 cCR 97306(a)] 3' The contractor agrees that the performance of work and servicespursuant to the requirements of this ngreeme;t shal conform toaccepted professional standards. 4' The contractor shail maintain adequate staff to meet thecontractor's obrigations under inir nJi".r*ril 5' The contractor shail make staff avairabre to the cariforniaDepartment.of Aging and the ngen.y on niing ror training andmeetings, which the carifornia oepartrunt?iging or the Agencyon Aging may find necessary from time i" iir".' Pavroll Taxes and Deductions
The contractor shat prompty forwql! payrot taxes, insurances, andcontributions, incl ud ing State Disa bility f nlurand-U nemploymentlnsurance, old Age survivors oisaoitiiy lnrur"n"-",Ino federaland State ffi#:
taxes withheld, to designated governr"ni"i"gencies as required Nondiscrimination
The contractor shail. compry with ail federar statutes rerating tonondiscrimination' These inctude those statutes and laws contained in thecontractor certifrcation crauses (Appendix e;, wnicn are herebyincorporated by reference. rn aoditibn, contractor rh"il ensure compriancewith the following:
1' EqualAccess to Federaily-Funded Benefits, programs, andActivities contractor shail ensure compriance with Tiile Vr of the civir RightsAct o.r rc64 g2ySC 52000 d; qs Crn Ssot; *rri.n prohibitsrecipients of federat financial assistanc6 tr.jln ois.riminating againstpersons based on race, color, religion, o, nation"l origin. 2' EquarAccess to state-Funded Benefits, programs, and Activities contractor sharj,llress exempted, ensure compriance with therequirements of carifornia Government code s1 1 13s et seq., and22 CCR S11140 et seq., which prohibit recipients of State financialassistance from discriminating against p"r*nr -o"sed
on race,nationar origin, ethnic.group iJeniiricgtion, i"ribi"r, age, sex, sexuaro rientation, cotor, or d isa biiit y [22 ccR Sbaliii " G
American Rescue plan Act Grant AwardTerms and Conditions Declaration 10 FY 2023-2024
93 3 california civir Rights Laws (pubric contract code s2010) a' For contracts of $100,000 0r more, executed or renewed afterJanuary 1,2917, the contractor certifies .orpiirn.e with theUnruh civir Rights Act (section 51 of the civii'cooe; and tneFair Employment and Housing Act (Section iZg6O of theGovernment Code). b' For contracts of $100,000 0r more, executed or renewed afterJanuary 1,2017, if a contractor has an ilil;i poricy against asovereign nation or peopres recognized uy ftre Gited statesgovernment, the contractor certifies that iuch poti.i., are notused in violation of the Unruh civir nightl n"i'rbl.tion 51 0f thecivil code) or the Fair Emproym.ent and Housing Act (section12900 of the Government boie). - - -"'v
contractor assures the state that it compties with the Americans withDisabilities Act (ADA) of 1990, *ni.n protriOits Oir.ril.,inrtion on thebasis of disabitity, 1: *9[qs a' appliiaUle ,""grl"G;s anO guidetinesissued pursuant to the ADA. t+z USc Stzroi"il"qj The contractor shail not require proof of age, citizenship, or disabirityas a condition of receiving services.
Contractor agrees to inctude these requirements in all contracts itenters into with subcontractors to prouide servicls pursuant to thisAgreement. 4 5
6 H S
1. lnformation Assets
The contractor, and its subcontractorsA/endors, shail have in praceoperationar poricies, procedures, and practicesif prli".t Agency onAging information,3.:gtr., incruoing those assets used to store oraccess personar Hearth rnformatioi (pHr), p";;;;;ilformation (pr)and any information protected under the Hearth inrrirn.. portabirityand Accountability Act (HIPAA), (i.;., pubtic, confidentiat, sensitiveand/or personar identifying information) herein referred to asPersonal, sensitive and confioentiat tnformation (pscr) as specifiedin the State Administrative Manuai,-bSOO to 5365.3; Cal. Gov. Codes11019.9, DGS Management Memo 06-12, ooF eLJJet Letter 06_34; cDR Program Memorandum oz-1g, protection of lnformationAssets; and the statewide Hearth rnformation FJi"v nr"nr"r. lnformation assets include, but are not limited to:
American Rescue plan Act Grant AwardTerms and Conditions Declaration 11 FY 2023-2024
94 a
b.
H: il; ",I^.;ffi ;: g:'"iT:n::J:,n u a d m i n istra tio n or lnformation Assets
may incruJ;; ilil-,"J,ilfiiffii:1 copy or ereuronic rormar and 1)
2)
3)
4)
5)
6)
7)
Reports;
Notes;
Forms;
2 computers, laptops, ceilphones, printers, scanners;
Networks (LAN, WAN, WlFl), servers, switches, routers;Storage media, hard drives, flash drives, cloud storage;Data, applications, databases.
Encryption of Computing Devices
The Contractor
::g-''L;ffi lffl ,iri$'."*",k j#iry;:,:f.,:*ffi Xf ,,ii"::il5,"XJ i:,ffi f T (ji c r ;d; ilfi ig g,, te ; t,i :il,Jirl,,., i o n,, eimm,mi,:,,:m;ru*::;i**rnn*#m""
onves, and backup mediaf.' -.vvo,
a. Use of portable electronic storr
It,,.ug to jump orives,-ihJriil1fl:^ media (inctudins, but nothard drives; and CDs; ;')o;;nves, and flash drives; portabteunder this Agreement. nd other discs) is not allowed Disclosure
a. The Contract<
*:-":'i::f,g;ii,pl!ii*fr H:^'9rsA/endors'sha,ensure
i:ff fl fr :;, r : **""fi ;lil#:{, f ;ff ,i*lji
$T;:
=
ft fr;J*'"l"*:;;i,?::?ul?jffi ff :t;il:fr ;[i*:,:,1,
J!" Contractor, and its Subcontrerromunauthorizedoiscrosirl:r'rtT".l'#"*.ff ;:l:,15:,f :l
3 b
American Rescue plan 4s1 Grant Awardrerms and Conditions ueclaration 12 FY 2023_2024
95 4
identifying information concerning persons receiving servicespursuant to this Agreement, excepifor staiisti;;i information notidentifying any participant. c' "personar rdentifying rnformation, shail incrude, but not betim ited to : Na me,igentrfVln j -n-r, O" r; r".i" i.".,irity n u m be r;state d river's. ricense o r -stJt"
io entiricatio n' n'r"r[! r. fina ncia raccount numbers; and symbot or onei;o"iriirvirg characteristic ;;:Sffirfl
the individ"r' tltn as rinser o, voicJ print or a
d' The contractor, and its subcontractorsA/endors, shail not usePSCI above fgr..rny purpose other than carrying out theco ntra cto r's o b tigaiio nr-, no"i ir, is Ag reement. ih e co ntra cto rand its subcontrictors are auirrorizeo to discrose and access ffiTfl*r,
informatio, f;, th; ;;rpose as required by the otder
e' The contractor, and its subcontractors/Vendors, sha, not,except as othennrise specificary authori="r ;;;;w-or required bythis Agreemenj or court orOli, ,Oir.lose-any
identifyrnginformation obtained ,no"iinlierms of this Agreement toanyone other rpr i,''r" Agencv on Aging *ino;if,iior writtenauthorization from tne nd'encv J; ngffi il; ;#ilctor may beauthorized' in writing ,bitp""ti.idt to oisclose identifyinginfo rmatio n specific io ifi " Jil;;zi n g pa rticipa nt.
f ' The contractor, and its subcontractorsA/endors, may arow aparticipant to authorize the r"r""r" or inrormaiion'to specificentities, but shat.not reque.iol'"n.oyrage any participant togive a branket authorizaiion oi.ign.a orait ,^"r6J*., nor sha, the ;"T,l,i:Ti
a cc e pt s u c n o t a n L e ia u t n o riza t io n-rrli' a n y Privacy and rnformation security Awareness Training
The Contractor,s employees, SubcontractorsA/endors, andvotunteers handtins psCl ,;rl;;nptg tn" r""q;il privacyand lnformation security nwaieness rraining modure avairabreon the cDA web s*e under F;;;id;*. and partners, rnformationSecurity and privacy, at the foffowi,ig URL:
https ://vrnvw. a gi n g. ca. gov/l nfo rmatio n_secu rity Privacy and lnformgtjol_Sgcurity Awareness Training must becompleted within thirty (so) oayJ oiir," start date of the a
b.
American Rescue plan Act Grant AwardTerms and Conditions Declaia-tion 13 FY 2023-2024 96 B
contractiAgreement; within thirty (30) days of the start date ofany new employee, Subcontra.ioi, v"nJ oi, orvolunteer,semployment; and annually ttrereaftei.- "- - "
c' The contractor must maintain certificates of compretion on fireand provide them to the ngun.y;;6;il Ino the cariforniaDepartment of Aging upon request. 5' Health rnsurance portabirity and Accountabirity Act (HrpAA) The contractor agrees to compry with the privacy and securityrequirements of the Hearth rnsurance portabirity and AccountabirityAct (HrpAA) and ensure ,.'"t iro"o]-,"t;";i;;i'%ndors compry w*hthe privacy and security requiiements of HrpAA.
6. lnformation lntegrity and Security Statement
The contracto.r shat sign and rgtul to the Agency on Aging thetnformation tntegritv aid seiurity stri"iriiiioo"no,* c of thisagreement), which is hereby incorporated by reference, and shailcompry with ail statutes and raw, contained ln the statement. This isto ensure that the contractor ir 1r1r-. of, and "gi"., to compry with,their obligatio.ns to protect cDA and Agency on Aging informationassets, incruding pscr, from unauthonyzeo a.."*, and discrosure.
7. Security lncident Reporting
A security incident occurs when cDA,and/or Agency on Aginginformation assets are or reasonabry berieved to have beenaccessed, modified, destroyed, or discroseo witnout properauthorization, or are rost or stoien. The contractor and itssubcontractorsA/endo* rrJi"port at security incidents to theAgency on Aging immediaterv roon detection. o security rncidentReport form (cDh. 10.2s) rrJ't o" submitted to the cDA rnformationsecurity officer, via the Ag"n.y ol Aging, witnin rive (5) businessdavs of the date the incidJni wls aet6ct;;. Th; security rncidentReport form (cDA 1o2s) i. .u"irlore on the con w"u site at thefollowing URL:
https ://wvrrw. a g i n g. ca. g ov/r nfo rmatio n_secu rity Security Breach Notifications
Notice must be given by the contractor , androrits subcontractors/vendors, to anyone whbse pscl courd have been breached in American Rescue plan Act Grant AwardTerms and Conditions Declaration '--" 14 FY 2023-2024 97 I
3ttTiil:;.*"n HIPAA, the rnformarion practices Act or 1e77, and Software Maintenance
Th.e Contractor shall apply securit
i 3[J;' il fl*ffi :gh.j;H", # ii:ffi',T #fr flf gnt :i n"r Electronic Backups
i,|iiil:'i".,:Hill;'L'o:";""Jff ;l"*rendors,sharensurethata, fti?ff ni'i::"il91"i";d;,;+!if,S:'J:?:ff FT#;;"sro.onirl.tlr#r ror continued business. The Colii".t"r, and itsril"r rr"'"1"JiliJ;."t"rs' shall ensure trat ari'iii'r,i"r, and backup Provisions of lnformation lntegrity and Security
The provisions contained.in Article V, Section H, lnforn #$,,'J3ffii[;ff :,::,[i;*1.il:,lcontracts;;;iltr:A,#::!{:{ 10 11
L Copvriqhts
l!."1V materiat funded by this AorrState reseryes
1 fi
.rj:li,'Ts*q;i#;rTtrrxrHixl:l';l:*u;*:':l jl,
The Contractor r
p'1i1i'sl"'ir,;E-:J;1,;"o[:'.?"7#!if ilH:iri'llir;g ,touE xe c utive D ire cto r * n "
r r io r*" ri Ji:l. r"q-*r-ito-,rilraa","
a nd s ha r r
;:#Jf ;',X,ff ,.:..j,;i;; j";gi"f"{;.ffi ,li,lil,ou(oo)J,i,._,, [$Si-"i:31,:]fliJ:':ffi:#[:ie
.onsent or the srare, th e statereproduce,o,"eoarg,o"lurtiuJ;ffi Xi4,i,l[[':',:,:,X?,,:,:rTrr: j""'"
;trrJ::'il;,:;' :,.3ff '; n:r# rl $;:iff :,j ;,,; e rs to d o so, The Contractor ceinpacet""^,,""flH: ji:iiffi .Tfl??:;iffiTl",T:;:l,ff lll"Jibe used in the p"'r"'"".":ifi lJT,reement i;; ix;;.q uisition, 1 2
3 4
American Rescue plan 4s1 Grant AwardI erms and conditions oectaiaiiou rvvq, (
15 FY 2023-2024
98 J
ffilli?ior
maintenance of computer software in viotation of
Riohts in Data
2 1' The contractor shall not publish or transfer any materials, as definedin section J.2,gf.tt.i. nrti.:r", pioou..o or r"*iiinn uo, activitiessupported bv this Agreemeni*ln"rlir.'" ;;illy*ritten consent ofthe Executive.Direcior rtir.r" ng"n:{ on Aging. That consent sha, begiven or the reasons ror oeniaiiha,r-be giuEn';nj any conditionsunder which it,is given ";J";i; witnin ,i,nu'riliidays after thewritten requesr is receiveJ;v',"3g."1iii; h;,ir; rhe Agency onAging may request a copy "itr'r" materiai ro,. ,"-ui"iu prior to approvalof the request. rrr,is suoiJ;;; not intended to prohibit theco ntra cto t r'o T :l? * g lJ"tiruirn .i'"*i"iJr#tlln
.a
utho rized by
$"":fiflt'pant
or summary pro'gmr inrorm"iio;;;, rs not crient-
As used in this Agre.ement, the te,rm.',subject data,,means writings,sound recordings, pictoriai'renioo-1gtions, orawings, oesigns orgraphic representaiions, tild;l manuars, roii-.lr, diagrams,workfrow charts, equipmeniJ"."riptions, data files and data fi?:ff:Ij,.?i?"'ort"1 p.s'" ;., :,!g,*g ts or a ny simirar nature p ro d u ced
"'. o.'"'""fJi8 ffi#Tf4:J:*j"J 4# l*#,include financiar r"dortr, .JJ rnr-rvr"r, and simirar informationincidentat to contract rJi_,rir[i;i"". subject onry to the provisions of ATi.-l. V, section H, rnformationlntegrity and SecuritJr, ,nJnrtili" u, S".ti on l, Copyrigh,fs, of thisAgreement, the :gr:_#,,r" iO="i1_o1,+oi!o may ,se, dupticate,or discrose in any manner, ano iaue or permit otheis to do so il?l"l|:xstate
and federafr';';ji"o;..t Jri" i"]i"","0 under this
Materials published or transferred by,the contractor and financedwith funds under this ng[en'eniinar, (a) state ,,The materiars orproduct were a res-urt "f t;r";iiunteo by ?nAgreement with theFresno-Madera Area.ig"ri.Vt, nJ,ng and the CaliforniaDepartment of Aoing'" ("0)'gi'i""il;;m" ot,|ne entity, the address,and terephon" n,h5"r "f tirri.; ffi lupporting data-is avairabre; and(c) incrude the fo'owing st"t";"nii,,rr," .o;;ilffi. lno opinionsexpressed mav not beihose oiin" Agency on Aging and/or thecarifornia Depirtment of Aging ,ni'tt,i, pubrication may not bebased upon or inclusive or iii'i"i, j"t".,, 3 4
American Rescue plan Act Grant AwardTerms and Conditions Declaration 16 FY 2023-2024 99 5 The contractor agrees to acknowredge the receipt of a, fundingsupport from the t-g^u_i.U o.n ngingln news reteases (radio,television' and new.spaper); pnynte? materiars sucn aJ brochures,pamphrets, newsretterrr tn" b"nii".tor. w"or[i ,ro any otherprinted documents. such ,.kr";i;;gement sha, make accuratereference to the service ro," *n,t'r.,'i*ding is provided, in whore or inpart, by the Agency on Aging The contractor shat fonvard. a copy of at products and materiar 3;"fJ?f;?"i'Hore or in part *it[7g,"ument runds to the Asency 6 K
lf allfunding provided herein exceeds $100,000, the Contractor shall ff,Tflll}|h]i
applicable o'o"tt ot requirements issued under the
1. Clean Air Act, as amend ed.142 USC 574011
2' fffir'
water poilution controrAct, as amended. [33 usc g1251 et 3 rH::J,tr3iliJ?i?Jrbn
Asencv Resurations. r40 cFR s2el
4' state contract Act. [carifornia pubric contract code s10295 et seq.] 5' Unruh civir Rights Act. [carifornia pubric contract code s2010]Lobbyino Certification The contractor, by_signiry thisAgreement, hereby certifies to the best ofhis or her knowlecjge anO belief, i"hat:
1' No federaily appppriated funds have been paid or wiil be paid, by oron beharf of the contractor, io Jny p"rron for infruencing orattempting to infruenc" "n o*i..r or emproy"" oi
"ny ug"n.y, uMember of congress, an officer or empioyu" oi congress, or anemproyee of a Member or congress in .onn".tion with the awardingof any federar contract, ,re maiing of any r"J"i"igrant, the makingof any federar '::l;,,," "ni"iing'"i";y ;ffi;ffi: asreement, andthe extension, continuation, ,e,iewat, amendment, or modification ofany federar contract, grant,'roan, or cooperative agreement. ' lf any funds other than federary appropriated funds have been paidor wiil be paid to any p"*on ioi inhl"d.irg * "it"mpting to infruence
L.
2 American Rescue plan Act Grant AwardTerms and Conditions Declarati"; "- ' 17 FY 2023-2024 100
M
an officer or emproyee of any federar agency, a Member ofCongress,-an ofFicer o,. urplovgg of C",rg';A or an employee of aMember of congress in co[nection witn t"nis]lderarAgreement,grant, roan or cooperative agreement, the contractor sha, completeand submit Standard Forrn[ll, oo"io:;;r;";;r, b ReportLobbying, in accordance witfr its instructions.
3. The contractor sharr require t]r1t tfre ra.nguage of this certification beincruded in the award odcuments for at iroJ*trcts at a, tiers( i n clud in g 9_o
nf rg
9ts, noe, g r"11s, loa n s, a nJ-cooper"tiueagreements which exceed bt oo,oooj ,;Jil;;' subcontractorsshail certify.and discloseac-coroingrv. ihi, Lertiiication is a materiarrepresentation of fact upon which ;i;r;;; i,lr'pr"."d when thistransaction was made or entereJ iiri,iliil".liJri."tion is aprerequisite for making or entering into 'ris
irl'nsaction imposed by31 USC 51352. Anv pJrson *r.,o t"l, tllir" i|l i"qrir"d certificationshall be subject to i 'civiL
p"n"fty of noifes-s inm Sf 0,000 and notmore than 9100,000 for each such failure.
Conflict of lnterest
1' The contractor shail prevent emproyees, consurtants, or members ofgoverning bodies from using their positi"^ i"i plrposes incruding,but not rimited to, the serection oiJrdffi;;ir, that are, or sivethe appearance.of oeing, motivated ov " J"ri,.ior private gain forthemsetves or others, ,i,tn "rirlrl;ilrj,i#r] or otner ties. tn theevent that the Agelc.y on Aging oeteim,ne;il;il confrict of interestexists, any increase in costJ aisociateo wiin-tne tonfrict of interestmay be disailowed by the ndncv on.Aging, "nJ ,r.n confrict mayconstitute grounds for termiiation of thJi;ilr"nt. 2' This provision shat not be construed to prohibit emptoyment ofpersons with whom the Contra.i:fi*{;rr,,"i"r,*, or employeeshave famiry, businesr, oi oir,"r'ties, so rong ".ihu emproyment ofsuch persons does not resurtln a confrict o"t,i.r"rt (rear orapparent) or increased costs over those "*.o.iltlo with theemptoyment ol.?ll_gther equatiy quatified applicant, and such ffi;fl H,:T; ; Hff i;ril,,:
.o, p eieo r; i L,ii, v, e n t with th e oth e r
N e
1 The contractor wlrrgnts th.at no person or sering agency has been :#:!|fi:1il'ff:i.d to soricit ni' ng,""ment rnele has been no Agreement.
ie commission payments in order to obtain this
-
American Rescue plan Act Grant AwardTerms and Conditions Declaraiio; "- ' 18 FY 2023-2024 101
2' For breach or vioration orrfig warranty, the Agency on Aging sha'have the right to terminate. tnis ngree#"ntlitnort liability or at itsdiscretion to deduct from the Agri;;rfi.ort" o,. considerarion, or Sff Y#:ff ".:i#3:,1i1;g:;'i;';;il"mmission.p"i""nt,g",
o.
1' This section appties onry to Tiile ilr funds and not to other fundsatocated to other Tites under *re olo"i-nil"ri."ns Act. a' when appricabre for purposes of construction or repair offacirities, the contracior shat .;r;;;iir, tn" provisionscontained in the fotowing ,no .hrl''in;r;;" such provisions inany appricabre agreements with subconilctors:
i) Copeland ,Anti_Kickback,,Act
11g USC Sg74,40 usc s31451 I29 CFR S3I-' - -'
ii) Davis_Bacon Act t40 USC 53141 et seq.l I29 CFR S5l; iii) contract work Horr-1ng-safety standards Act [40 USC53701 et seq.l t2e cFR 55;6,;:s-i, ""0iv) Executive order 11246 0f septem ber 14,1965, entired ;=,::?l:TiJ"Jt"lL;il,,"f l;g;*ffi*l jr"q*,,""
Department of Labo, n"grrliiJrr'fo; cFR 5601.
b' payments are not permitted for construction, renovation,arteration, improvement, or repair of privaiety-owned propertywhich wourd enhance the owner's varue oi sucn property exieptwhere permitted by taw anO Oy tnl r$-nJi on Aging. c. when funding is provided for construction and non_constructionactivities, the contractor must obtain piioiwritten approvar fromthe Agency on Aging bef9r9. making any irno or budgettra nsfers between c6 nstructio n "
ndno i-cJ nstructio n.
lf this Agreement includes services.in excess of $200,000, the Contractorshall give prioritv consideration in nting ""."r.iffi positions funded bythe contract to quafi'gl r*ipi"nts'ot "'lo ,nJ"i cirpt"r 2 (commencingwith section 11200) or part 5oJ biulson *i"iii""wTrr"re and rnstitutioiscode' in accordan-ce with Articre 3.9 r.91.{"r"i.n'ii,n section 11349r ofchapter 2 of parr 3 of Divisi;;;i the werfare an'o'inrtitutions code.
Grievance process
P
o
American Rescue plan Act Grant AwardTerms and Conditions Declaration 19 FY 2023-2024 102
1 The contractor must estabrish a written grievance process forreviewing and attempting to ;;lr; compraints of order individuarsreceiving services f,und-ei oytrur ngoement. At a minimum, theprocess shall include all of t-he fotiowing:
a' Time frames within which a compraint wi, be acted upon. b' written notification
1?1,h" comprainant of the resurts of thereview, including a statement ihat *re compt;;;imay appealto the Fresno-Mldera Area ng;n.y on Aging if dissatisfied withthe results of the contraciorlr%ui"*. c' confidentiarity provisions to.protect the comprainant,s rights toprivacy' onry information rerevani to tn" compraint may be :ffsffi
to the responding parrv without the 5ro"r'inoiuidua's
]f;,ff:tilll.'"#iili notirv order individuars or the srievance process a' Posting notification.of.the process in visible and accessibreareas, such as the bulletin boards in ,rliipripJse senio,centers' For areas in which a substantiar number of orderindividuars are non-Engrish speaking, in","iir*tion sha, arso ffi5l;tfl,'J.lj,: n,,'"il 6ngl'se ol a risniri."-;t number or b' Advising hom.e.bound order individuars of the process either ,9rf,Ji.::i:.
writins u po n the Co ntracto r,s .o nt5.i *ith the
fftrlillts
mav involve, but not be limited to, any or ail of the
a. Amount or duration of a service.
b. Denial or discontinuance of a service.
c' Dissatisfaction with the service being provided or with theservice provider. !f tF. compLlnt involves an issue ofprofessionar conduct that is-unier the jurisdiction of anotherentity, such as the carifornia-Meoicar Board or the state Bar ffiirtion'
the comptaina't iiialr ne ,"r".rJ to'inu proper
d. Failure of the :"Ii.9. provider to comply with any of therequirements set fort-r in coA iegulations oi in iti. Agreement. 2 3
American Rescue plan Act Grant AwardTerms and Conditions Declar"t.n "-'' 20 FY 2023-2Q24 103
4. Disaster plan
il:it {i,.;5 fif#i il?i4", :?ff d;.,:; :;", j:: :ff ,j1", govern ing-ooJio. "
p'a ints at a n open ru"tin g
-oi'tiltont,-ctor,s
R.
#,T""J$i?|3!'j:iiiffi gi:"T*rnajntainadisasterpranrhar
;L::H,::S,i:,j1ry:: ;r'"g"iii'es to meet the err
a va,a b 6 t; il ?, lt,tnq *tr. rt tt*,***#ffip;;4*'
rh-e conrra.,", ;;;;;:l:,:upon,.ot
.li ""^*
current list of coi
u n o,u nj; i; ilffigg,;;:f#ii*,ll;ffi"T ilf fi ilXil1; The Contractor s
lT:.:9 " I i, ;;; ;?i' !i",,:ffil",i :T:r
a n d a s e co n d a ry
ffiin1:;#;.',,Sl3:TJ;;;x",1,,#g,::fl,i:i:X,jll j,l"on,,'n The Contractor sh
'?ir#jf:tr# g#n:?# li"llf :{::{::
enr
e n, a nder a change to thiJ inrorrrii#,"
The Contractor shall Ayhanr ^rr r
a cco,o" ncl;ililil ft?::fl :flrunds
received hereunde r in
The Contractor sh
Bffi t#ilj'il:l;1,i""J3y,['li"'ff :lT3;,ly;g:,,::X",llill,. 1 2
3 4.
S
ARTICLE VI. FUNDS
1 A
2 {:
:
:
a
American Rescue Frerms
" "o c""ii,ii:"4:lf:?3tnnwa ro 21
FY 2023_2024
104
5 3' The contractor and its subcontractorA/endors sha, compry withcarifornia Governor'r e"".rtiu" oroer z-J6 -;oii:,which bansexpenditures on promotionat aias ,,S.W.A.G.,, o," ,,Stuff We All
rd marketing items colloquiallf tno*n
4. TravelReimbursement
a' Any reimbursement by contractor from funds provided underthis Agreement ror" "rinori=lo tou.i ,!j;;,"m shal be atrates not to exceed those oaid by tds;["in-accordance with *"o ?:J|]fi ''o "
p
"'t' "
n1 [i H,i'
"
n-il;il; s ( c a r H R ) ru r e s
ln State:
o Miteage/per Diem (r"11:
?nd incidentats)/Lodginghttps ://www. ca,l h r. ca. gro vle m p loyeesipa g es/tra vel_reimbursements.aspx" Out of State:
http : I / hrman ua I' ca lh r. ca. go v/Ho me/Ma n ua,tem r 1 r 220 1 b' This is not to be construed as rimiting the contractor from payingany differences in costs, f;;rrrys 6t'nerinrn'*,or" providedby this Agreement, between the carHi;il;il any rates thecontractor is obrigated lo i"u' rnoer other contractuaragreements. No traver outside *,u stri" or d"rir"rr,a sha, bereim bu rsed un ress ptioi *riiL n .a
uthorizaiion Jr'o otu ined fromthe Asency on Asins ;rj il;bt"t". Bciil.',,,i.i.oto)l The Agency on Ag'?.g reseryes the right to refuse payment to thecontractor or rateidiiatow ;;il'il1 "n11
expenditure, as determinedbv the Asencv on nsins i;b";;#o'.,.piirnt *i', iilir-hsreement,unrerated or inappropri"r" to ngr""ment activities, or whentnadequate supporting docum"iit"i19. i, pr.."niJd]or where priorapprovalwas required but;;;;';"quested or not granted.
B r S
1 The contractor sha, maintain accounting records for funds receivedunder the terms "no conJiiionJ"iiii, ngre_ement. These recordsshall be separate rrom tnosJ'i"=rv ",n6r runol
"orinirt"red by thecontractor, and rnal oe mlin;'#J in
"..oijJ;.#il GeneraryAccepted Accounting Fiir"iJr;r'"il3pgedures "nJ in" office ofMa n a se m e n t a nd a rlo s et ;;' ;iirol,# no r, ; ;ilt i ;' He'i u i re m e nts, American Rescue plan Act Grant AwardTerms and Conditions Declaration 22 FY 2023_2024 105
2 3
,?1,$i;;'Elf 's??f oro't Requirements ror Federar Awards 12 cFR The contractor sha, ensure that funding for services as ourinedherein are manaselr and ;;;;ili;ont6rv t" ""rri" that adeguateAmerican RescuE plan nci i;;;;;d is avairabre to provide servicesthrough the ending ort",itiririgi.ur"n, Funds made avairabre under this Agreement sha, supprement, andnot supprant, anv reoerat, siai;,;;i"."r funds "rp"ni"o by a stateor unit of generar-pr.rrpose locat government to provide Tire ,r(excludins Tiue I I I' Ej ;;ilil Vil"r""'rv,."..
The contractor shat meet the forowitgiFldards for its financiar ilrT33;Tent
svstems, as stiputateJ iriz crn sioolidz
"no 45 cFR
4.F
a. FinancialReporting.
b. Accounting Records.
c. CompleteDisclosure.
d. SourceDocumentation.
e. lnternal Control.
f . Budgetary Control.
g. Cash Management (written procedures).
h. Allowable Costs (written procedures).
C. Unexpended Funds
1' No rater than Janua ry 1,2024, the contractor sharr report to theAgencv on Asing. if anv i;rdr ilroed thro'd;ffi: Agreement wi'remain unexpended aithe "roirri date of this Agreement.
2' The Agenty on.19i1g shall requ"rlgnq receive from the contractorrerease of funds "w"ided *rroirii''ri, ngi""r;;t f",. an amountmutuallv asreed-up?n PI o"in p""rti.., nJiil;;# the estimatedamount of unexpended iunos. in" nd"*v;"';;;; sha'be American Rescue
"gn
Aq Grant Award 23Terms and conditions oeclaiaiio- "'-rrr 23 Fy 2023_2024 106
D
reasonabre in its request for funds and the contractor sha, notunreasonabry withhord permission for rerease of funds. 3' The Agency on Aging retains arr rights to rearocate rereased fundslnto other programs, prqu.tr, or activities. 4' Upon termination, canceilation, or expiration of this Agreement, ordissorution of the entitv,-trrl"6ontractor rn"ir ,ltrrn to the Agency onAgins immedia.telv rp6n ilttT g"r"rd ;;;;;os provided underthis Agreement, urrniirrrr" noi prvuore for goods or servicesderivered prior to tn" t"irina"tiJn,.canceratr:on, or expiration of thisAgreement, or the oirroiriioi'lr tn" entity.
Fundinq Continoencies
1 2
rt is understood.between the parties that.this Agreement may havebeen written before ";;il;irifi tne avaitabirity-or appropriation offunds' for the mutuar;;;;i';';oth parties, in order to avoidprogram and fiscar derays that woud o.tri'ii't#xgru"r"nt wereexecuted after that determinatio,irrr. made. ! This Agreement is varid and enforceabre onry if sufficient funds aremade avairabre to the-stat", r"Jrror"qrunilv't"iir" Agency onAging, by the United strt";'i;;u;nment or the Budget Acts of theappropriate fiscar years ror puffiu, or,..,u .lrti#lo program(s). rnadd ition, this Aoreement is suoiect to. a ny "ddii;;;;i'restrictions,timitations, o, c6nolii";, ;"n#tJlin,n" 6il;;r the Lesistature *.'1tffl"T:ct
the p'ouitro,ir]'iJrir, or fundins of this Asreement in Payment for oerformance by the contractor sha, be dependent uponthe avaitabititv of trt*" "p[6;"il", by the Legistature orcongress forihe p.urposes orinis Agreement and approvar of anitemized budget. ryo i"s"1ii;iiiil; the parr of the iiate or the
fla::'# H:: ?
i1,,il[ 1?J1gH ;J&1 ?S :"ffi ; ffi
,,,,
state; and the contractor'nas i"."i""0 an executed'Agreement. lf funding for anv ftale or Agency on Aging fiscal year is reduced ordeleted by the sta1e, r"gi.r;i;l#9".0r";;ffi'purposes ofthis program, the ng'"."y
"r ibi.*irn"' have the option to either:
a. Terminate the_Agreement pursuant to Section A.1 ofArticle XVil, Terminrrr, Jrini.JAgreement; or 3 4.
American Rescue plan Act Grant AwardTerms and Conditions Declaration 24 FY 2023_2024 107
ARTICLE VI
A.
b' offer a contract amendment to the contractor to reflect thereduced funding for this Agreement. 5' The Agen"y,9n Aging reserves the right to increase and/or decrease lHL1,il::,*,:"il1,"J ft,i. ng-r""menf to refrect any restrictions, I. BUDGET AND BUDGET REVISION
The contractor sharl.be reimbursed for expenses onry as itemized in theapproved budoet with the ur."ption or ril;J,"*ffir;ift trrnrr.rs as notedin section e oi*ris.nrti.r" "no-JrrJr not be entitreJtJieimbursement forthese expenses untir this Agi""rlrt ig ,ppiou"Jlni'"*".rted by theAgency on Aging' -ft'e "ppioirlj'6ontrr.tor's budget is herebyrncorporated by reference into tris Agreement as a part of Exhibit B.
B
C
Ii:":Hili,f ,fj:fT;i Zt;i?*revision
to the Asency on Asing ror this
lndirect Costs
1' The maximu.m_reimbursement amount ailowabre for indirect costs isten percent (10%) or tne-conir"tor;, MoJiii#iotur Direct costs(MTD'), excruding in-linJ .ontributions anJl-,ln""p"ndabreequipment' rndirect costs rr;llr^"-i:;;;;',rn"our." nt (10%)of theContractor's MTDC p"i rrrJilg category. 2' contractors requesting reimbursement for indirect costs shall retainon fire an approveo inJirect cost rate accepted by ail federarawarding agencies or an atocation pr", o-,lrrlnting themethodology used to Oetermiie the indirect costs. 3' rndirect costs. exceeding the ten percent (1*%)maximum may bebudgeted as in-kind r"r prip"*es of meet)n!'#aicning requirementsin Tite t and rite Vt d"g;;, onry. cont;il;; must receive priorapprovat from the federal i*rioqp;dd;ilr.rgh the Asency onAging w*h approvar from *," barir6rnt D;ffi;lnt or Aging, prior tobudgeting the excess indirect costs as in_kind. 4' For major rnstitutes of Higher Education and major nonprofito rsa n izatio n s_, ind irect co-sts il.i ;;;;;#'ffi h i n two b roadcategories: "Facirities" and nJ,",''inirtrrtL"-.:;',,iriiriti"r,,is defined asdepreciation gr buirdints, "qr]pr"nt .and capitat'improvement,interest on debt *ro.iiGJJvitLertain buirdings, equipment andcapitar improvements, and operations ano maiitenance expenses.,Administration,, is deiin;; uJiin"rrr aominisiralon ano generalexpenses such as the directois onice,lc;;;ffi;, personnet and all American Rescue plan Act Grant AwardTerms and Conditions Declaration 25 FY 2023-2024 108
other types of expenditures not risted specificary under one of thesubcategories of ',Facitiiies nilffi;;;g arocations from otherpoots, where appticabtel. tz cril jbXl.Llf [4s cFR Szs.+r+(")]D. Proqram Specific Funds
1. program lncome
a' program rncome must be reported and expended under the ;:[?jiJ[s
and conditions;' il;p,"ilr runds rrom which it is
b. program lncome must!: r:SO to pay for current allowable costsof the program in the sam" rir.rift"', iirt tn" income wasearned (except as noted in s".t,:oi,"6. r'.j or this Articre). c' For Tite ,r B, t c, ,r D, t E, vt ombudsman, and V, ErderAbuse Prevention ptogr"t., progi"m lilor" must be spentbefore contract rrnor i"lgept as n"iuo intection D.1.d of thisArticre) and may r"Jr"" tne'toiat ,r"r"t'"r contract fundspayable to the Contractor. d. For American Rescu" ,liil:t.Tifle ilt grant awards only,program lncome rnuy o. used to rn"uiinl matcningrequirements of this Agreement. e' program rncome must be used to expand baserine services.t iffiJ#::l:T;if:xi^gts'
tleproject ears interest on
id e n tiried ; il;; ilx; Eil *%l:, J::f ' ?jff :',:^H1, ;;
expenditures, with fut documentation
";ii; for a, programs.
Line ltem Budoet Transfers
rH"r"?flTfi ;i[il 3 : ffi ?T;;,+fl::
m e nt ru nd s betwee n r i n e ite m s u n d e r
1' The contractor shat o-btain prior approvar from the Agency on Agingfor anv rine itemrransrei olilno, fiIi "I"""i.'tln p"r." nt (10%) otthe totar budget ror eacn iil;;g source, and submit a revisedbudget to the Ager.y;; ;ffi.2' The contractor shall maintain a written record of all budget changesand crearry document rine item bugo"t changes. ihe record sha'incrude the date, amount, ano plipose of the transfer. This recordshat be availabre 1"_
tn" nJ"".i "r Agins ;p;;;ilest and sha, bemaintained in the same minn"i as a, other finanlill ,ecoros.F. Matchinq Contributions American Rescue phn A"l Grant Award 26Terms and conditions Decrai"iion "'"'a 26 py 2023-2024 E
109
2 1' "Matching contributions" is defined in Articre r, section H.a' cash and/or in-kind contributions may count as match, if suchcontributions are used to mlet program requirements. b' Anv match,lg gontli?utions gth or in-kind) must be verifiabrefrom the tecords "f ih;c;;t'ractor or subcontractor.
c' Matching contributions mustbe. used for arowabre costs in ffi:iffl::e
with the orrice or rvr"n"g;#ffi Budset cost
Minimum matching contributions for American Rescue pran Act lU I ; i :jilff#fl:j : i ti[*"
s n o _ M a d e, n,"_" n g
",*y ;;
a'
JffiJl,r?, ]YPo9n'u"
services, Lons-rerm care ombudsman
#T;s,:T':,il[ j[f+,[" il nr? ?,,:#lH:r, :i rujffi ";b'
,l|i"i
E Familv caregiver supporr program is thirry percenr
c. Tifle Vll ElderAbuse prevention; and Tifle lll D Healthpromotion _ Evidenc"_B;r;iNo match required.
Minimum matching..requirements are carcurated based on grantawa rd a mo u nt, m rltipri'eo bi i;;;; i rr ,.,.' rri.#ig'io ntributio npercentase set forrh in tre ierms ,ro C""jil;;.;Xit," Vl, secrionF' subsection 2' ror "*"rpi",',riri" grant award *r. ror. $20,000,the minimum matching ";;tilil"il'y.", at 30 percent, then thematching requiremenirrorni *"rio be $6,000 yl,::[yJ"",.:l'l;!il:,ffi:erated in excess of the minimum required 3 4.
ARTICLE VIII. PAYMENT
The contractor shall prepare and submit a monthly expenditure report, asgffil"*,fi ffi^"..q ii E,-n,tqiiiJd'Rip;,t, ;;;;,;)1,""L"t,,,by the 1Sth or I;:,p,J?d;3f^'""1"?#$:r*;*i,r.::rk,ffi 3J,.ff ,
The Agency on Aging sharr review the contractor,s report to ensurecompliance with the "pproueO Agieement budget.
A.
B
American Rescue plan Act Grant AwardTerms and Conditions Declaration 27 FY 2023_2024 110
Depending upon funding avairabirity, the Agency on Aging sha, makemo nth rv re im b ursem"lq-ou vr"ni, io tn" c;;ffii;s specified inAppendix E, Requirea nlpliir'i'ra oui oiti;, ; fi,, Asreement. TheAgency on Aging shat payin" c'"111.to, u-ttJnoi',o exceed theamount shown on page one (r ) oi tni, Agreement.
The Agency on Aging may withhofg p"yr"nt if the Agency on Aging ,1
^,
ru l5 ; f :,:fj:mrui''i
i n i # c ; ; il ;fi, tr a t- ri i r, a s E e s'c ri u e o The Agencv on Aging shalr be rerieved of any payments shourd thecontractor fair to perform "ui"qrirurents
oi iniJ ngi""ment at the time
iiil:,lF,frT : : iJilfl i,a f,"sjt,
F; il;,;;'', #l n" r a o ec i s io n io
-
Article XVl,t, f"imiration. _ :ement will be governed by ;l?.}x:Tt*f;;T :liil,:T ;re"ri
n a n c i a I re po rrs' o,",,r"o, e nt r y th a n
notice to the Contracror, ,rtir ,".ni,tqr'?r:"1?L|Lfl?#ffn *ntt"n determines that *re rinancffi;ild"ment standards-are met.
Closeout
1' contractor is required to subm it,the Financiar croseout Report forthis Agreement a.na iixeJt""r"1"q ,ir"JiiiiJin Grants with theF re s n o _ M a o ",:
o :2 i;; ; ;;" ; ;,q gi i ;, G;A ii"i tztto r h e As e n cvon Aging by Juiy ls, zdiq. tf ,ior"91n9nt is terminrt"o o," canceredprior to June 30-, 20i4, rn" in'inri"r croseout Report andIA/AAA 32 shati u",ubritt"o'il r r s I o" v, lri","min"ti",.'
","
.*;1,:?#:ii#""1,f::H ffi i n rifteen
. Federal funds yll?:,fOy."q proportionatety to maintain the fr;o,H:o
matching ratios ir a clniractor fairs to report sufficient ARTICLE IX. SUBCONTRACTS
A' The contractor must obtainapprovar from
T" 4ggl.y on Aging prior toawarding any subcontracts tol'r"r""s"conrracted in this Agreement.B. The contractor shat not,obrigate funds for th.is Agreement in anysubcontracts for service u"vJro1n" ;;ii;g date of this Agreement. c' The contractor shail have_no authority to 101.t1act for, or on beharf of, or Ij,;oo"nations on beharr; ti;'d;i: o"r brrirornia or the Asency on c
D
E.
F
G
2 American Rescue plan Act Grant AwardTerms and Conditions Declar"t,b; "'"" 28 FY 2023-2024 111
D The contractor shat maintain on fire copies of subcontracts,memorandums, and/or Letters or,uioe[lanirn ii,.n sha, be madeavailable for review at the ,"qrJs of the ngenc! on Aging.
The contractor;hllrlequire ranguage in at subcontracts to require a'subcontractors to compry *itn "[.ppricabre si"t" ,ro federal raws.
The contractor sharr require its subcontractors under this Agreement,other than units of rocar ;";;;;nt whicr-r il jil;rry serf_insured, toma intain adeouate. insurl nce .oulrrg" ror genera i' rL oiritv, workerscompensation riabiliti"r,ln? ii"rlprbriate,-autorioiil" ti"oirity incrudingnon-owned automobfe a1d prorJrrionrr ri"bilitv, "ii turtner, tnecontractor sharr require a' o? its s"uocontractorJ i" irlo the contractorha rm tess. The s u bco rtr*i; ;'Lu rtiri.rt. ; h;,;;;le ro., senera r a ndautomobite tiabitity-.shail atso ;a# tng,f."rirr#i'no, the Agency onAsins, as the certiricate ;il;;il aoditionar i;;;. The contractorshall maintain certifi."t"r JJnirrln.u for a, of its subcontractors.
The contractor shall require lan_guage in all subcontracts to require allsubcontractors to indemnify, o"rinol "ro .""" nr#iess tne Agency onAging, its officers:
:g:Ir,.inJ "rplo'ees from any and alt ctaims andlosses accruing to or resulting rroni any contractori, subcontractors,suppriers' raborers, ,rg "nv &n"i o:n^"r ri-, oi.oiioration furnishingor supprying work services, r"t"ii5rr, or suppries in connection with anyactivities performed for wrrich rrijl'r., iil;;;r"n. were used andfrom anv and a' craims ;rJi;;;r-"ccruing o,^ i"rriiing to any person,firm, or corporation.who ,"v nli";rr"o or. damaged by thesubcontractor(s) in the p"rr.i''r"rJJ or this Agreement.
E
F
G
H' The contractor shall,ensure that the subcontractor will complete allreporting and expenditure oo.u,nl,itr"iggy."ogo by the Agency on AgingThese reporting and expenditure oo.rr"nts shail be sent to the ff";et:"; ffi"rv
manner and at intervars ,. o"i"i,i',ined by the
l' The contractor shall require all subcontractors to maintain adequate staffto meet the subcontractor's ,gr"-;rl";i*i,n the contractor. This staffshail be avaitabte to th-e Calii"'i"i"'b!*{1""t^"i&;;;"1.r0 .nu Asencyon Aging for training and.meeting;r*ti.n the carifornii Department ofAging or the Agenc! on nging mz-irini"n"."rsary from time to time.J' lf a private non-profit co.rporation, the subcontractor shall be in goodsta nd ing with the secreta ry "i si;t" ;r"6alifornia L,i.n"ilma inta in thatstatus throughout the term of the Agr;.i.,"nt.
ARTICLE X. RECORDS AND REPORTS
American Rescue plan Act Grant AwardTerms and Conditions Oectaratio; "'"' 29 FY 2023_2024 112
A. Records
1' The contracto.r shail maintain comprete records which sha, incrude,but not be rimited to, accouniin-g' ,.".oros, contracts, agreements, areconciriation of the Financiar iroseout Reportto the auditedfinanciar statements, and r .rrr"ry worksheet identifying theresurts or perfgring audit r"rorrtion of its subcontractors inaccordance wfth Articte XtV, Audit C"qiiiiri"ii,'of this Agreement.This incrudes therotowing: L;il;r. of agreement, insurancedocumentation, Memoraniurrc anolo, iett"rs oi unoerstanding,patient or crient records, "nJ.i"rtronic fires oi itslctivities andexpenditures hereunder in a form satisfactory toli" Ag"n.y onAging' Arr records pertaining ini. ngr""ment must be madeavairabre for inspection and ilit ov-tn" ng"."v ", nging or its duryauthorized agents, at any tir. Jrring normar business hours.
All such records,. incruding confidentiar records, must be maintainedand made avaitable by th6 Coniir.tor. as foilows:
a' Until an audit of the Jury 1 ,2o23through June 30, 2024 periodof expenditures has occurre]ano un ""roitieJolution has beenissued or unress otnerwise zunorii"o-in-*rit]nJ'ov the Agencyon Aging or the carifornia Department of Aging,s Audit and RiskManagement Branch; b. For such longer period, if any, as is required by applicablestatute, by any other cr"rse oi thdH##;:;, by sections 3and 4 of this Article; and c' For such ronger period as the Agency on Aging or the statedeems necessary. lf this Agreement_iscompletely or partially terminated, the recordsrelating to the work terminatei Jir o" preserved and madeavairabre for the same periods as in secti"* n:.Jir,rorgn A.2.c ofthis Articre' The contractor-.hJ;rure that any resource directoriesand all crient records rrrin *,. irop"rtv or ""
nJ"icy on Agingupon termination of this ngr"emJni andare ,"trri"Jio the Agency ru *tJ; ff 'o,;1;;" ""
o to
"a
n o i rr e i' d o n t ra ct., ; ; ; ;;;u cte d o y i rr e - .
ln the event of any ritigation, craim, negotiation, audit exception, orother action involvingin"i"t"ror,'such records shail be maintainedand kept avairabre rntit "u"ry r.titi.nr. been creared to the
;?ilil;::"ilJttff,lXiffv "' nJii'g and the st't"l.i so stated in 2 3
4 American Rescue plan Act Grant AwardTerms and Conditions Declaration 30 FY 2023-2024 113
B
5' Adequate source documentation of each transaction sha, bema intained relative to tne alto*rOif ity 1i,."#nOitures reimbursed bythe Asencv on Asins ,nJ"r thir;;;;;;;itorr.e documentationincludes, but is not li"rnit"Jio; u"ndor^ inuoi."rl bank statements,canceted checks, banucredit.."rJ rt"i"il;il, contracts and :fli::il:Jfi; ;3
o'"u"e time sneets' p u ;ffi; o rd ers, ind irect cost
6' After the authorized period has expired, confidentiar records sha, bedestroved !v".r,r't roo r rs ; ;i o ispoieJ ir i.n"r'il" n n e r that wi,maintain confidentialityi Reports
1' The contractor shall prepare and submit fiscal and performancereports as designated in'Appendix e, cii'riid Reports and Due ,?:?; i:i"JX'ff [
o
"',[il itted o n roi,il' i n, ro 1,, i# p,"o-uli nv
2' The contractor shat assure that at fiscar and program data ;;:Tffi*f",",.n"
Asency on nging are timety, Jomprete, accurate,
3' lf supporting.documentation is required as stated in Articre Xrv, Audit ::J:{:fr1;ill;i' jrl,.h;;;;"ntation',,i-".-.ompanythemonthry 4' Ail program rncome received by the contractor shail be incruded onthe monthly expendityr r.port,,?nd. ""p"nJitur"-. .rpported byProsram tnco.me shal be;tl;"d in the;ilffi;te column. programrncome shar be trackeJ on'I';nr.t;_filffi;iri.noo. Unspent :J::j3T rffi ffi :i:*:1 "i'""0're eq uiua r"nior th irry (30) days 5' The contracto.r shail cross-train stgff on program data coilection andreporting requirements in the-event or prannEJoi unpranneoproronged absences to ensuretimery;il ;;;te submission of ARTICLE XI. PROPERW
Unless othenryise prgyided for in this Articre, property refers to a, assetsused in operation of this ng*;;ri. p.p"rtv irIi,jif, rand, buirdings,rmprovements, machinery,-vehicrlr, lrrjlrrd i;il, ;i".gibtes, etc.
;Jiffilii;"T;T,];;5,',d,;""[:i:13iff ffi ;1"'ii;i'u.-h"sp,p;;, A.
American Rescue plan Act Grant AwardTerms and Conditions Declarat;; "" ' 31 FY 2023_2024 114
B
:,', iJ,"iJY,":;;,'::1,: ifl : lg: *a f :ff i]: #gi:,' " ets a n y or t h e ro,, o wi n s
1' Has a normar y.*f rife of at reast one (1) year and has a unitacquisition cost of at least Goo ("_desf.ton-or laptop setup isconsidered a unit, if pur"na-slJas a unit). 2'
fli;:ffiu'[g-9ru'r"s, resardress of cosr (incrudins, but not rimited notebook.;,irH:I;jl, j?3::1.;ffi :,:xii'fli,lm:rglrnreoa' purchase and use of portabre erectronic storage media(incrudins, but not r-il"jtr*p!i;:, ffito drives, and frash 3i 13 i; fi,3ITi: iii;, iruH iill i
iJ :BJiff; n d o th e r o i s cs ) i s
Tite t B' Ti'e t c, 2p6 Tite Vt (b):ol the Monthry Report of otf;frfil|ilr' jffil,.:Jl'"'. n"'Ai're ror the ,ontiin which the Title ilt E: On the Tiile ilt E Month,u
T:l.g* of Expenditures (for the
5'#xffi,:"s:ff:t*'- dffi#i)',oi,n"
';il iffihich the
C lntangibres are property which rack physicar substance but give varuabrerights to the o*ner. rrirpiur'oiint"-ngio," or*nu incrude patents, iifiI.li?J l JiiJ,?i; x?l,;##',T'
o n'i",." 6 ; H ;il,". t, n a d waie
-'
costsincrudeJrr"rol,nf, ,;""ii,.|!.ri1,"r"fi i;l5:llif H"JilJi:,;?l?1,0,"asset for its intended yru. iyp,";::llr:";ffi:[ costs inctude thel:::?."r" price, resarfees,
"';j;;"r costs infrrrJ'io obtain tire to the
EquipmenUProperty with per unit cost ov.9r 9500 or any computing i ;i!i,:', ;;ffi ',
^:'3
ffi :;t ;gn'
i u st ri ;t-#'.', n
"
c on t ra c-to r a n d
il3#lnt5h1ristingoii,"",'##'lfffi ""Tr?"#;'fi j:i:?,,;i Eq;i;;';,;F#r"1.,?!;;49?J,'f ff fl 1E*igr;i?[::"';:n:,?approved budget.is. not apf, r.ova-t'for" "q,iprent purche
ru,ff il3J##Jt3J5:;rn:tjg$:*ru;,#fi :';H",JH j?"?"u
The Contractor sh
uris ngre;;;i il'il'"T "Ji;"jr"fl,;cquired with runds provided under D
E
1 2
American Rescue plan Act Grant AwardTerms and Conditions Declaration 32 FY 2023-2024 115
3' Long-Term care ombudsman program: on the Budgetsummary/Monthry Expenditur. n"port'and Request ior Funds,speciar Deposit Fund'(sDFla stir[i rvlpilo Facirity euarity &Accountabilitv Fund rsrtrroAF)iCD;oMB-3,') for rhe month inwhich the property was acquired.
F. The contra-ctor shail attach receipts for the property and a rist of thefotowing information tor "r.r, item or proolfiyl.orired: Date acquired;complete description; modet number; ;"ft1;;;ber (if appticabte); cost orother basis of valuation; runo souree; and specific rocation of the property.
G' The contractor shall maintain a cumulative inventory, including the AssetTag number and att inrormaiion,rgoylreo uy section F of this Articre, of artproperty furnished or purchased by til b;;;;or with funds awardedgflTJTrS:ms of thii Asreemenf o,. "nv
pr"J"cessor asreement for the
H' The contractor shat affix the t."J.Tag providedby th.e Agency on Agingto tangible property ,pon r"."ipt of tn"irrli'L"n uo, the agency, whichidentifies the property as statl'-of c"riilrti"irJJ"nu The contractor sha'enter the Asset rag numb"r on tne cumuirtil""iiu"ntory recordsmaintained by the Contractor for this Agreement. l' The contractor shail conduct an annuar physicar inventory of ail propertyfurnished or p.urchaseo uvlne cont,^".tol'iiffinos awarded under theterms of this,{o1eery1t dr rnyp,loecessor'rgl"r"nt for the samepurpose, and submit Fixed Assefs Acquired niign Grants with theFresno_Mad":? Ar:3 ns"irf J, pinof Fnannn i2) w*h the annuatFinanciar croseout nep6.t to try1_09,i.; ";;;i;;. correspondins
:"rtruilf
ion must be kept on ffte and avaitaor-" io,. review by the Agency ' Prior to disposer of-any property purchased by the contractor with fundsfrom this Agreement or iny pr"t"."*r;;&;J#!nt, the contractor mustobtain approva r from the cL iiro ri, oep" rtrile-nl'oinging, th ro ugh theAgency on Aging, for a, ,^"port"tr" p",l,"rtj"l'd"etineo in section B ofthis Arricre. The bontractoi-J"ri"romii, F"*;;ifo Drspose of property(FMAAA 248) to the Agencv on'nging t" ,"qrlriiisposat of property.
Disposition, whjch incrud.es sare, trade-in, discarding, or transfer toanother asencv, mav not occur rfl "ppig;;il';;;"ided by the cariforniaDepartment of Aginj "! thqit.u on Aging notiti", the contractor ofthe State,s instruition. r".jlbJrition of piJil;;:., J
American Rescue plan Act Grant AwardTerms and Conditions Declar"ti* "'-'" 33 FY 2023-2024 116
property is not to be disposed of untir both the cDA 24gand srD 152have been apprwed by'cDA, conti".tJi'*iit'ou tirot" for repayment of !If$1iJ:",.,,!t;[trent
ir contracto, ii.po.., or equipmtnt without
once property has been disposed as per the state,s authorization and ffitjf''*s,
the item(s) snair oe o';;; irJ, tn" contiaiiors'inventory K' The contractor must sanitize property (remove.all confidential, sensitive,or personal information) prior to oisposai in.rroing removar or destructionof data on.computing devices with ,iigit"i'rurory and storage capacity.This incrudes, but is-not rimiteo to, ,ign"ii."irp"r, personar computers,personar digitarassistants, celtor'sma"rt ;;;;r, murti_function printers,and laptops' The contractor must attach documentation of sanitation ofsuch devices to the Reguesf r, o^p"""'ir"iioprrty(FMAAA 248)requesting property disposal.
L' Any ross, damage, or theft of equipment shail be investigated and fuilydocumented, and the contra"torirr"rr pr"rrpirv notify the Agency onAging and shall provide .ofi"t of investig"'t'iir"'oo.umentation ano policereports as requested by the Agency,",. Eiil"r the cDA. rn addition, thecontractor sha, comprete , n"q^r""r to oi.spzse of property(FMAAA 248)and provide it to the Agency on Aging. -'-r--i M' The state reseryes tite to at property purchased or financed with fundsprovided through the Agency on Aging'tn"i ir ""t fully consumed in theperformance of this Agr;em61, iniuiing ;i"p"rtv acquired with srantfunds, matching funds] ron"i"w oonatiJn!, Jno in_Lind donationl asentered on the budget, budget r6visions, "no[r.nseout report for thisAgreement, unress-o*renryis"e required ov ieJeral raw or regurations.
N. The contractor shail exercise due care in the use, maintenance,protection, and preservation ot rr.n-piop#i irring the period of theproject' and sha.ll assume responsibiiityroi ilJrl."r"nt or repair of suchpersonar property during the rigfod or in" pr#lt anc until the contractorhas compried with ail wiitten iirstruction, r.r'tnl Agency on Agingregarding the finat disposition of the prop;;;.' "'. o' rn the event gf the contractor's,dissorution, or upon termination of thisAgreement, the contractor rn"lr prouiJ" , iiililrop"rty inventory to theAgency on Aging. The Agency on Aging ,";;;; the right to require the ffittor
to transfer .rJh pii,pertvio inoGi
"ntity, or to the Agency on
American Rescue plan Act Grant AwardTerms and Conditions Declaration "-'' 34 FY 2023-2024 117
P
o
The contractor shail use the property for the purpose for which it wasintended under this Agreer"it.--'' The contractor shalr not use equipment or suppries acquired under thisAgreement with federar rnoloibtli".monies f;; t;;;ar gain or to usurpthe competitive advant"g" ;ir irill..ry-o*n"J ;;J;r, entity.
The contractor shat incrude the provisions contained in this Articre in a'its subcontracts awa rded rno"it[iJ Agreement.
R
ARTICLE XII. ACCESS
A' The contractor shall provide access to the Agency on Aging, federal orstate contracting agelcy, Bureau oi strt" Audits, the comptrorerGenerat of the uniteo st"t"i ;;; Jiir,.,, duty authorized federat orstate representatives to 9ny'uoo[.,'o"o*r"nts, papers, and records ofthe contractor or subcontra-ctor *ni.r,-r-L oirecity pt,tirlrt to this speci'cAgreement for the purpose.or un uroii, "xamination, excerpts, and
fffi,^:ons'
rhe contractor rr,"rfr.rro; il, *;JirHE,lt in it,
ARTICLE XIII. MONITORING AND EVALUATION
A' Authorized state representatives and the.Agency on Aging shall have theright to monitor and evaluate the c;;;"r's administratiie, fiscal andprogram performance oursuant to this Agreement. said monitoring andeva luation may includ.;' dii. ""i rilri,t#to, ad m inistr"tiu""p.cesses,fiscal' data and procurement componenis. ftis_will include policies,p roced u res, procu re r" ?J,
a u.o its, In sp-".t]on, of project p re m ises,interviews of project stan anJ pail;il#;, and when appricabre,inspection of foob preparation sites.
B' The contractor shat cooperate with the stafg gnd the Agency on Aging inthe monitoring and evatuation. d;;r;;;wfich in.rro" ir_"t ing "ny;l"Tg:l"tive,
prosram and rid""r
"1"n Jvailabte durins any scheduled
c' The contractor shall monitor contracts and subcontracts to ensurecompliance with laws, regulations, ;il th; provisions of contracts that ffi5"H:.Ar:ffi::
andtor material enecion each .i;G;s"r.y on Asins
D' The contractor js responsible for maintaining supporting documentationincruding financiar and stalisti." r r""oro!,' contracts, su bcontracts,monitoring reporrs, and ail otnei fi;;;;ii".ords untir an audit has American Rescue plan Act Grant AwardTerms and Conditions Declaration --'' 35 FY 2023-2024 118
occurred and an audit resolution has been issued or unress othenryiseauthorized in writins nv cOn oi il;ffi;y on Asins.ARTICLE XIV. AUDIT REQUIREMENTS A. General
B
1' Any dury autholSgd representative of the federar or stategovernment, which inciudes but is nii iirii"i o the state Auditor,cDA Stafr, the Asen.v ",' nd;;il'#;'',*y serected by thestate to perform j"ilp6;;;r, ,riirr r,ru" inJ,risht to monitor anda ud it co ntracto * nd "
tt rro.o ntracto rs-pro"vio i n g r"rices u nd er th isAgreem ent ih ro u g h bn-ri'ir i nrpectio ns,';;J itr, a nd oth er apprica bre ,ffiil."y"
State determines
lggeslary. rnln" event that CDA is
arrectinsi!:ffiig:iJ,'ffi ,fii:",^ff
:1:i:",";;;;;;;lntityprovide timely notice to ir," contrr.toi.'" ^vvr lc! on Aging will 2' contractor.shat.make avairabre arr reasonabre informationnecessary to substantiate that expen6;i.lffider this agreementa re a ilowabte a nd a iloca bte, incruiing],tlriio.i, lirited to i..o rntingrecords, vendor invoices, oa* rt"t.xi"rir, Jin."rrud checks,bank/cred'I.:lg :,"i";;il, contracts and aorrtime sheets,,purcha.u oiJu'*, id'*t ;;; ;r'jriiil?Ti; emprovee
contractor shar rgi"" i;;;i" ;;;;;;i,in ,u"irrbre to thefederar government, the staie, the Ag;r;; Jniging, or any of theird u rv a utho rizeo repies;rt#::
: in.r.io ini rJprlse ntatives of theentity selected oy btate tol"rro'' inrp"Jtio-,i.,-fo, ""rrination,
copying, or mechanicar reJroor.tion,"J,i",.
"iiin. premises of theappropriate entity upon
" i"rron"ble request.
3' A', agreements entered into by contractor and subcontractors with iU:it"tilH
t3il
5 i g?H; "; hl
gt.t i. g i'i I p
" "
i",.,, a u d i ts u n o e, in i s
re p re s e n ta t i ve o r t h e r; "';: il{*:ilTsfl fi:r. ;y. i il lru'""#; :,Aging access to the su-pi-oti,r"g oo.u.i"rt"ii"r-o, ,",o audit firm(s).4' The contractor shalr cooperate with and participate in any furtheraudits which Tay !e '."q;;;l';v tn" sirt!, i".illirg cDA andAgency on Aging n.."ilio?mptiance audits.
CDA Fiscaland Compliance Audits
1' The cDA Audits and Risk Management Branch sha, perform fiscarand compliance audits "r c""irrytors in ,..oii*"e with GenerarvAccepted Government nrJiting standards rcncnsr to ensure American Rescue plan Act Grant AwardTerms and Conditions Declaration 36 FY 2023_2024 119
2 ,.?fiir[il:;,y'tn
applicable laws, resutations, srants, and contract
The cDA fiscarand compriance audits may incrude, but not belimited to, a review of:
Financiat ctoseouts (2 CFR 5200.1 and 45 CFR S7S.2).
lnternat controts (2 CFR 5200.303 and 4SCFR 575.303).
Alrocation of expenditures (2 cFR s200.1 and 45 CFR s75.2) Alrowabirity of exoenditures (2 cFR s200.403 and 45 CFRs75.403). a
b
c.
d.
c
e' Equipment expenditures and€pprovars, if required (2 cFR5200.439 and 45 Crn gzs.+ssy.
Contractor Single Audit Reporting Requirements
1' contractors that elgend $750,000 0r more in federar funds sha'arrange for an qudit to be performedr, ,"q;;r"d [y tne singre AuditAct of 1984, eloli9!gw-sa-soz;99 sins6-Ari,t i.t Amendments of1ee6, Pubtic L3y r04-1s6; i-ci,n s200s0;'tlJf,o.szr;and 45 cFR tlffi 9J J: ,[:f :l.A.o
pi ; ;i u e"s u o m iti;il;ih. As e n cy o n
Fresno-Madera Area Agency on Aging2037 West Bullard Avenue *SlZ '"'
Fresno, California gg| 1 1
The copy shat be submitted within thirty (30) days after receipt ofthe auditor's report or ninu-fg) r".ti.,, after the end of the auditperiod, whichever occurs rirbt, or untess a tonil'p"*o is agreed toin advance by the cognizant or" oueisight agency.
For purposes of reporting, the contractor shat ensure that state_funded expenditures are dispr"v"J oircretery arong with the reratedfederal expenditureg in f",:Ngl" ,rOit report,s ,,sihedule ofExpend itu res of Federa r n*rrol; (Grn) unoer the a ppropriatecatalog of Federar oomesiic nrriii"".e (.FDA) number asreferenced in Section L of this ilffi. 2 3
American Rescue plan Act Grant AwardTerms and Conditions Declaration 37 FY 2023-2024 120
4' For state contracts that do not have .FDA numbers, the contractorsha, ensure.rhat tne staie-f,iF; ;;ffiid;", are discretervidentified in the "schedure or exp"no,irr"i'Jip"o"r"rnwaiJJ, by theappropriate program name, ,o"rtiivirgffifu on Aginggranucontract number, and as passed-through the cariforniaDepartment of Aging The contractor shail perform a reconciriation of the ,,Financial croseoutReport" to the audited nrrr.ii siltemgnts, ,ingi;iuo*, and generar fSXT",:he
reconciriarion rn"rr i" maintaineo-anJm"oe avairabre for Contractor Resolution of Contractor,s SubrecipientsThe contractor.shart n""" n"'r".ponsibirity tor r"rotuing its contracts w*hsubcontractors to determir; il;il"r funds approved under thisAg reement a re e-xpe nded i n r..o-ro" n.; ;itl:#riJ, o e taws, reg u tatio ns,and provisions 1l clntracts o_i u#"rents. The boni,..to," shar, at a
fl I #lil i B?*"#,ii:rffl
n","o r,tior^, *,il ;d;i, u I,no *; ;r th;
The contractor sh.ar_ensure that sub^c_onllagtolsingre audit reports meet2 CFR 5200 and 45 Crn s7s,'6u"oparts F-Audit Requirements.
Contract resolution includes:
1. Ensuring that s.ubcontractors expending $250,000 or more in federalawards during the subcontraciors tsc"i;;;r";;e met the audit i?Tli'"nts
of 2 cFR Szoo dor -zoo.izi-Jnj'?i crn s75.s01_
2' lssuing a management decision^o_n audit.findings within six (6)months after. receipt of the subcontractor, singTJ audit report and :i'H;yJ:?l,h:
s u bco ntra cto r ta ke s
"
p p. pr.il t"" a n d ti m e ry
3' Reconciring expenditures reoortgd to the Agency on Aging to theamounts ioeltlrigo,in the singre audit or other type of audit, if thecontractor was not subject tJ'-," singre auoit illrir"r"nts. For acontractor wh9 *as noi r"qrireo-ti';'b',"d";':ril! ,u0* and did notobtain another type of "rJii tnl reconciliation of expendituresreported to the Agency on Rging must be accomp-rished throughperforming a*erna_tive-pro."irils. (e.g., ,.i.r. assJrsment t2 cFR5200.331 and 45 crn'Sis.sllll od.r"r"nt"J;;;* of financiat :l:5:t""ts;
and oocum"eni"J"lp"nre verification, inctuoins match;
D
E
F
G
American Rescue plan Act Grant AwardTerms and Conditions Declar"t,"; "-" 38 FY 2023-2024 121
H' when atternative procedures are used, the contractor shail performfinanciar management system testing which provides, in part, for thefollowing:
1' Accurate, current, and complete disclosure of the financial results ofeach federal award or program.
2. Records that identify adequatery the source and apprication of fundsfor each federally funded activity.
3. Effective contror over, and accountabirity for, ail funds, property, andother assets to ensure these items ur" ,r"d'sorery for authorizedpurposes. 4' Comparison of expenditures with budget amounts for each federataward. 5' !1tten n.roce.dyles to imprement the requirements of 2 cFR5200.305 and 45 CFR S75.30S. 6' written procedures for determining the ailowabirity of costs inaccordancglltl_2 9FR 520.0 ano?s cin Szt, Subparrs E_Costprinciptes. 12 CFR 5200.302 and a5 CFn Si'S.sOzt 7 ' The contractor shail document system and expense testing to showan acceptabre rever of reriabirity, incruding a rwiew of actuar sourcedocuments.
B' Determining whether the resurts of the reconciriations performednecessitate adjustment of the contractor, o*n records.
The contractor shail ensure that subco.ntractor singre audit reports meet2 cFR s200 and 45 cFR s75, subparts F - Ar;;i"iequirements:
1' Performed timery: Not ress frequenfly than annuaily and a reportsubmitted timery. The audit is required to be submitted within thirty(30) days after receipt of the auditor's r"pil "i .i"" igl ,"nin.'rh","the end of the audit period, whichev"r oJ.r* tirst. [2 cFR s200.b12and 4b CFR S7S.b12l 2' Properly Fplypd: Use procurement standards for auditor selection.[2 CFR S200.50e and 4d CFR s75.50ei -- -- 3' Performed in accordance with Generaily Accepted GovernmentAuditing standards. t2 cFR s200.514 "nO
+s 6rR s75.5141
American Rescue plan Act Grant AwardTerms and Conditions Declaration 39 FY 2023-2024 122
J
4' All incrusive: rncrudes an opinion (or discraimer of opinion) of thefinanciar statements; a report on internal contior rerated to thefinanciar statements..and major programs; an opinion (or discraimerof opinion) on compliance *itr' l'r*i i"g;r;ior!, and the provisionsof contracts; and the schedure of findid;;ni'questioned costs.[2 CFR 5200.S1S and 45 CFR S7S.S1v- 5' 'v yr
5. Performed in accordance with provisiorrs appricabre to this programas identified .in 2 cFR s200, and 45 Crn si;, s*uopart F_AuditRequirements.
Requirements identified in this Articre shail be incruded in contractor,scontracts with subcontractors. Further, il.t. conii".6*," shail be required toinclude in its contract with the indefendent auoitoilirat the auditor wiltcompry with a' appricabre a ud it requirementrirt"norrir.
A reasonabry proportionate share of the costs of audits required by, andperformed in accordance with the singre Audit n.l nr"ndments of 1g96,as implemented by requirements of this part, are arrowanre. However, thefollowing audit costs aie unallo*ni", 1 - Any costs whgn audits required by the singre Audit Act,2cFR g200 and45 CFR 975, Subparts F - Audit Requirements have not beenconducted or have been conducted but not in "".oiornce therewith; and
2. Any costs of auditing a non-federar entity that is exempted from havingan audit conducted under the singre nucit n.t,-z ciR g200 and45 CFR 975, Subparts F - Audit nequiremenL oJcause itsexpenditures under federat awards "i. l"r* in",i6iso,ooo during thenon-federal entity,s fiscal year. a. The costs of a financiar statement audit of a non_federar entity thatdoes not cu'enfly have a federaraward ,"v [" incruded in theindirect cost poot for a cost ailocation pt;;; iliir".t cost proposar. b' Pass-through entities may charge federal awards for the cost ofagreed-upon-proced u res engagements to monitorsubcontractors who are exempied from the requirements of thesinsre Audit Act,2,cFR s200 ano +s cinlii, subparts F _Audit Requirements. ThiJ cost is arowabre 6niv it the agreed_upon-proce{yrgs engagements are conor"ieJ in accordancewith Generaily Accepted Government Auditing standards(GAGAS) attestation standards, paid tor ano rrranged by thepass{hrough entity, and rimited in scopeio on. or more of thefollowing types of compriance requirements: Activities ailowed or K.
American Rescue plan Act Grant AwardTerms and Conditions Declaration 40 FY 2023-2024 123
not ailowed; ailowabre costs/cost principres; erigibirity; andreporting.
This section B appries onry to Tite ilr and rire vt.
The following closely.related.programs identified by CFDA number are tobe considered as an "other crustJr,,tor purpos", oio"t"rmining majorprograms or wh,ether a program-specific audit may be elected. Thecontractor shail identifyth;CFDA tifles and nrrou* to the independentauditor conducting the organization's singre ,roit rrong with each of itssubcontractors. The funding source (Fed-erar ci"nioo for the foilowingprograms is the U.S. Department of i-lealth anO ftuman Services,Administration for Community Living. 93'042 American Rescue pran, 2021, Long-Term care ombudsmanOtder Americans Act Tifle Vlt Ombird#rn 93'043 American Rescue pran,2021, preventative Hearth orderAmericans Act Tifle lll_D
93.044 American Rescue pran, 2021, supportive services orderAmericans Act Tifle lll_B
93.04s American Rescue ptan,2021, congregate Mears orderAmericans Act Tifle lll_C1 93'045 American Rescue pran, 2021, Home Derivered Mears orderAmericans Act Tifle lll_C2
93.052 American Rescue pran,2021, Famity caregivers orderAmericans Act Tifle lll-E "cluster of programs".means a grouping of crosery rerated programs thatshare common comprianc" req.Iiremenis. The tvpes or crusters ofprograms are research and development, student financial aid, and otherclusters. "other clusters" are defined by the .onrotio"ted cFR in thecompliance supplement or as designated by a state for federal awardsprovided to its subcontractors that meet the definition of ,,cruster ofprograms'" When designating an "other cluster," r rtrt. shall identify thefederal awards include-d in th-e cluster and advise the subcontractors ofcompliance requirements applicabte to the cluster. A ,cluster of programs,,shall be considered a:-org program for determin-ing maJor programs, asdescribed in 45 cFRgT-s 52s(aj, whether r progrrillspecitic audit maybe elected' (Federar orice or tvanagerynt and Budget, [4s cFR s7sRequirementsl, Audits of states, Lolar cou"in,,'"irJ*u cFR s7s L
American Rescue plan Act Grant AwardTerms and Conditions Declaration 41 FY 2023-2024
124
fi3:15,T X,i:?*ltrt]i ilt
Non-prorit orsanizations r45 cFR s7s
M' The contractor shall indicate which method of .providing audit compliance X,i i : ;i# ;i; :J;i
n o'r i s n g'*';"' i' ri o o u n o' x o, u ei nil o r p r o v i d i n g ARTICLE XV. INSURANCE
A' prior to commencement gf anv work under this Agreement, the fi:l[n:r
sha, provide ror the i"il;;is Asreement, the rorowing
1 . General Liability of not less than gl,OOO,OO0 peroccunence for bodilyinjury and propertv oamage comoineo ftiil;; iii.,it, ,"y be required bythe Agency on Aging in .ir"r1*,igh"ith-;, ;.rri ,irr,*1. 2' Automobire Liabirity, incruding non-owned automobire riabirity,of not ress than sr,oob,ooo-rr, uotrnt"ers "nl iaid emproyees
l
providing services supported oy]r," o"n"r.#irf. rf applicabre, thecontractor a1d ruoconira.*;rl *rpiy*iir., tn" pubric Utiritiescommission Generar orJ"irrro. 11s-c il;;h ;;qrires higher revers 3: ffiUffi: :?,; "f [i'"-fi,:lu
t" "i" "
o i p",*" n L
",,
a n d-is ba s e J o n
o g Zsq,gg9 if seating capacity is under 8.. $1,500,999 if seatini capacity is 8_15.. $5,000,000 if seatini capacity is over 1S.
3. Professional Liability of not less than $1,000,000 as it :flfl:rjii"J;;:ltiln to se rvices re nde red cou. i,s
"
sha I I i n cr ud e
The insurance wit be obtained from an insurance company acceptabre tothe state Deparrment of Generrt"-"";,G;; "ilirn and rnsuranceManagemeni, or b_e provideo ttrrougn partiar or totar self_insuranceacceptabre to the Department or CJn"rar services.
Evidence of insurance shalr be in a form^and content acceptabre to thestate Department of Generar surT."r, office of Risk and rnsuranceManagement.
The contractor shat.notify the Agency on Aging within five (5) businessdays of anv cancertation, 'non-r"n"#"i, o," iliiffii;lnn" that affectsrequired insurance coverage.
B
C
D
American Rescue plan Act Grant AwardTerms and Conditions Oectaraiio; "'- ' 42 FY 2023-2024 125
E'
Hlt,ffi:obtained
through commercial carriers shall meet the foilowing
1' The certificate of lnsurance shall include the contract Numberlisted on page 1 of this ngreem;"i ;;; provide the statement:
"The Fresno-Madera Arga Agency on Aging, its officers,
"gql!", employees, and servants are inituJ'ed asadditional insureds,_with .""p."t to wori p;rf";;"d forthe Fresno-Madera Area nge;icy on Aging under thisAgreement.,, professionar Liabirity coverage is exempt from this requirement. 2' The Fresno-Madera Area.Agency on Aging shail be named asthe certificate holder and- itl^r"irinJ riar""" (zog7 west BultardAvenue, #s12, Fresno, cA 93711i r"u"i be risted on thecertificate.
F' The insurance provided herein shall be in effect at all times during theterm of this Agreement. rn the event the insura; ;;#;""Jil';",during the term of this Agreement, the contractor agrees to provide theAgency on Aging, at reaJt thirty. (eo) oays pii"il the expiration date, anew certificate of rnsurance euioencing inirran"" coverage as providedherein for a period not ress than the remaining Agreement term or for aperiod not le.ss than one (1) year. ln the "u"nitn. contractoirairs to keepin effect at ail times saio insirance coverage, the Agency on Aging may,in addition to any other remedies it rlv n""u'", 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 theAgency on Aging with tnis Ag-reement.
H' The contractor shail be insured against riabirity for worker,scompensation or undertake serf-iisuran."ln l..ordance with theprovisions of the Labor code and contra.io, "nirrs to compry with suchprovisions before commencing the perrorm"nce'or the work of thisAgreement. [Labor Code SSZdO] l' The entity providing ombudsman services must be insured or self-insuredfor professional liability covering all ombuoffi"r activities including, butnot limited to, investigation of pitient .orpfrinG.
J' contractor agrees to indemnify, defend, and save harmress the Fresno_Madera AreaAgency on Agini, state oi crrir-rl, th"i, officers, agents,and emproyees from any and lil .r"i,.n, ,il i";;;s occurring or resurting American Rescue plan Act Grant AwardTerms and Conditions Declaration 43 FY 2023-2024 126
to any and all contractors, subcontractors, material, laborers, and anyother person, firm or corporation furnishing or supplying work, services,materials or supplies in connection with the performance of thisAgreement, and also from any and all claims ano tosses occurring orresurting in any person, firm or corporation, who may be iniureo ordamaged by contractor in the perforr"n." of this n'gre#';nt.
ARTICLE XVI. VOLUNTARY CONTRIBUTIONS
A' The contractor assures that votuntary contributions shall be allowed andmay be soricited in accordance with t'he foilowing ,"qri;mentsloAA 931s(b)l:
1' The contractor or any subcontractors for any Tifle lll or Tifle vll-Aservices shall not use means tests. 2' Any Title lll or Title Vll-A client who does not contribute toward thecost of the services received shail not be denied ,"ri.Lr. 3' Methods used to solicit voluntary contributions for Tifle lll and Tiflevll-A services shall be non-.o"rtive. Voluntary contiibution letterssent to clients shall stipulate that contributioni"r" uoirntrw and notrequired to receive,service. Voluntary Contribution tetters may notresemble a bill or statement
4. Each Contractor wiil:
a. provide each recipient with an oppoftunity to voruntarirycontribute to the cost of the service; b' Clearly inform each recipient that there is no obligation tocontribute and that the contribution is purery voru"ntarv; c' Protect the privacy and confidentiality of each recipient withrespect to the recipient's contribution or lack ot.oiiiiortion; and d' Establish appropriate procedures to safeguard and account forall contributions. e' Use all collected contributions to expand the services for whichthe contributions were given and to supprement (not supprant)funds received under this Agreement.
American Rescue plan Act Grant AwardTerms and Conditions Declaration 44 FY 2023-2024
127
ARTICLE XVII. TERMINATION
A.
1' The Agency-gn Agirg may terminate performance of work under this *fl:;:T'"'1t 319"y11t" J"'ing tne ng[e';eni t",', without cause in termnatJ:fi:t{lT#:,".1.{i4,i,YJ'S,f":,"ru::,iffi ';",
(90) davs written noticE-to-ile coitrJctoi. il Notice of rerminationshat specify the extenioithe termination "nirha, be effectiveninety (90) days from ttre j"tiu"ry of the Notice.
The parties agree that if the termination of the contract is due to areduction or deretion or runoing. bt th;s;t" Jr crrirornia, theLegisrature, or congre*liri" Noti.u otTJii-,inrtion shar be effectivethirry (30) days rro,riflrli"lii"rv of the Notice.
The parties.agrge that for the_terminated portion of the Agreement, l5ji%ildeiorns'.m";i sha, o" ol"il"iio ,"rrin in errect and 2 IiLn:T??:ilT?!f,ruT:" tn'' Asreemen,"lfly
1redurins the
wiitten notice rn'iJ"uei,;,"li,^F,l!i,ff ffi:3, i;f1ffi H' Aging wit present written noii""t" tr.," c".ffi;;," of any condition,such as, bui noJ lim*ed to, tranye, or.li*ir, ;;;" of ctients, returnof unspent {yng:, ,ng oirpo.]ti?: giF;:iu, i,Jn,.n must be metprior to termination of tn"hg;ement. 3' contractor shall, at least ninety(g0) dgvs prior to the end of the termof this Agreement, givswiit,"l^"j,:: d th;nn"r.U on Aging if itintends to discontini" prouirion of any programs or servicesincr ud ed i n th is- As re;il;;i ir"ri n g tn e'sir oslil;;, As ree m ent pe riod.The purpose of.thrys r"d;;ntir io-proiiol"!ili,.,"n, pranning and rffi[f:*::: U:,fii:e
orthis AJ,*,.]i,t p",ioJio ;;,;;
Termination for Cause
1' The Agenry
?! Agjng may terminate, in whore or in part, for causethe performance or'riorL unJ", ini, ngr";r"rt."in" grounds for fl;ffiJ:n
ror cause sha'inctude, oriri"'nii'ii#it"o to, the
a' rn case of threat of rife, hearth, or safety to the public.
B
American Rescue plan Act Grant AwardTerms and Conditions Declaration 45 FY 2023-2024 128
2 b' A vioration of the raw or fairure to compry with any condition ofthis Agreement. c' lnadequate performance or fairure to make progress so as toendanger performance of this Agreement. - d. Failure to comply with reporting requirements.
e. Evidence that the contractor is in an unsatisfactory financiatcondition as determined by an audit of tne ngency on Aging orevidence of a financiat condition tnat enJ;ft"";; performance ofthis Agreement and/or the ross of other r*oing ,ources. f ' Derinquency in payment of taxes or payment of costs forperformance of this Agreement in the;rdi;;;i;ourse ofbusiness. g. Appointment of a rrustee, receiver, or riquidator for ail or asubstantiar part of the contractors propertv, oi institution ofbankruptcy, reorganization or the rir*ig",ilii of riquidationproceedings by or against the ContractJr. h. Service of any writ of attachment, levy of execution, orcommencement of garnishment proceedings against theContractor,s assetsbr income. i. The commission of an act of bankruptcy.
j. Finding of debarment or suspension.
k' The contractor's organizationar structure has materiailychanged. l' The Agency on Aging determines that the Contractor may beconsidered "^ligljlrk" agency as describeO in +S CFR S92.12and 45 CFR S7S.20S. lf sucn a determination is made, thecontractor mfy be subject to speciar conditions or restrictions,as described in Appendix F, Sanction potiii. - - m. P^rogram operations have been suspended for more than three(3) consecutive months.in any budget year, unres--s a rongerperiod is granted in writing Oi tne nlgen.V;n Aging Termination of this Agreement shail take effect immediatery in the caseof an emergency, such as threat to riil, hearth, or safety of the pubric,or when program operations have been suspended for more than three(3) consecutive months in any uuogeiyear. rn artother cases of American Rescue plan Act Grant AwardTerms and Conditions Declaration 46 FY 2023-2024 129
c.
termination for cause, the termination shail take effect thirty (30) dayssubsequent to written notice to the Contractor.- - 3' rn the event of termination forcause, the Agency on Aging mayproceed with the work in any manner deemed proper by the state.All costs " ll" Agency on nging shat be o"or[i"o from any sumdue the contractor unber thiJ agreement and the barance, if any,shall be paid to the Contractor upon demand. ln the event of termination of this Agreernt by the Agency on Aging, theAgency wiil present written noii.i t| the contra.ioi j"r.ribing the actionbeing taken bv ttre^19rn9.v on ng-in!, tf.," ,""r*on ior rr.n action, and anyconditions of the terminatibn, inciudlng, but not timiteJ to, the date oftermination, transfer of crients, care'oictientr, i"irin Jr unspent funds,and disposition of property, which must be ,"t piio,^ tl termination. saidnotice shat arso ilform tne coniracior of its right to appear such decisionto the Agency on Aging and of tn" pro."orr" io,. ooin! so. (Appendix G,Appeal procedure rori"*ice iiiii"irlvvrv 'vr wvrrrv D r' e
After receipt of a notice of termination, .and except as directed by theAgency on Aging, the contra.tor rr,ril immediatery proceed with thefollowing obrigations, as appricabre, regardress of any deray indetermining or adjusting any rrnJr'or" under this clause.
The Contractor shall:
a' stop work as specified in the Notice of rermination; b' Place no further subcontracts for materiars, or services, exceptas necessary to comprete the continued portion of the contract; c. Terminate ail subcontracts to the extent they rerate to the workterminated; d' Settle all outstanding liabilities and termination set'ementproposars arising from the termination of subcontracts (theapprovar or ratification of which wit be fir;r ;;;rrposes of thisclause); and e. comply with ail additionar terms of this Agreement pertaining totermination or cancetation of the ngr""r-;ntl"" E' This contract will automatically terminate at the end of the one yearcontract award term, subject nor"u"r, io an extension othenrvise agreedto in writing, or to earlier i"trin"iion-or.un""llation as nerein provided.
American Rescue plan 4s1 Grant Award 47Terms and conditions Declaration .-_,. Fy 2023_2024
1 130
B
c
ARTICLE XIX. AMENDMENTS
ARTICLE XVIII. REMEDIES AND APPEAL PROCESS
A' The contractor agreer
3:l:lu remedy provided in this Agreement is inaddition to and ndt in derosation "i"niJtn"ri"s;;;il,y;tru r"r"oyavairabre to the Agency on Aging ", ,'""".rrt of a breaclr of thisAgreement bv thetonfuclor, d#;';h breach o..ri, betore or aftercompletion of the project. sp"..iri.r*ilv]'til ng"n.v o_n Aging reserves theright to pursue arr remeJies'atowlJ iJ ii'lno.r. the ordei Airericans Acr, il'l,.lffi i;,;:ilili,?f'Eif,:fJ,.T;?i{:^""ii,pr",#t;,stheAct, The contractor may app_ear an adverse determination by the Agency onAsins usins the Appeai p-"iaiii n,9iiiii";;;;i;;,r, which is setforth in Appendix G, for r.ti.rrlrOi"f to appeal, as defined inAppendix G, sectionl.Ar;;#luoftct to Appeat.
The contractor may a-ppear the Agency on Aging,s finar adversed eterm i natio n o nce' ai l-;d ri,;i.#,il" re med iis * nt, in"o i n Appen d ix G,A p p e a t p ro ce d u re ro, s i * iii" ;;;;; 2r2, h" ;;"b". n i"nr rrt"d, us i ns rh eappear process estabrisheJ-ii rii.'izccR s770 0 to 7710.
Iiil;:T? :ffii XfTlffi -ith th e respo n sibi rities u nde r th is A?ffii,r::;[."r
costs associated with any courr review are nor
, REVISIONS OR MODIFICATIONS
No amendment or..variation of the a:T, of this Agreement sha, be varid iliffi,T:L"ri"writins'
;il;ff", ,"uqri,.o ov ti" nsency on Asins
ce'-t',.iii;'t"""r'ii&ff:"x,l,f
fi"r:l!:r*n:ili'r#;i',*#;,not incorporated in *ris xgre6;;;iy, binding on any oitn. parties. should either partY. during the term of th.is Agreement desire a revision,warver or modification in [r.ri. nbr""ment, such revision, waiver ormod ificatio n s ha' oe proporlJTn",iriti n g,t" l[" l"ti Jr,p, nv, The oth erpa rtv s h a I I a cceo'^:
: i-"i:f i th; ; 6:^.^; lIili#ii'rl o I d a ys or re ce i pt orrequest' once accepted, rr.r' i"jlion ,ry require an amendment ffffi,ir': ; lff ?: i;? A*n;Lf
n"i,a ct p ,"".",1- io- io vi o e ro r t h e c h a n s e The Agency on Aging reseryes the right to revise, waive, or modify theAgreement to refrectlny restiict'i'oir,liritrti".r, "rt"no,,,on, enacted by
D
E.
A
B
C
American Rescue plan Act Grant AwardTerms and Conditions Declaration 48 FY 2023-2024 131
s,:?SE:ifilH
L,esistature or as directed by the Executive Branch of
D' An amendment is reo113^! to change the contractor,s name as risted onthis Agreement. Any notice given tJnL ig*.y on Aginf io, "contractor,s
change of.regar n"r", r"in""oJr"rr,'o"r'nrr" of Directoi sha, beaddressed tothe t.r1lyqi;;6;;;y on Asins,s Executive Director onthe contractor's retteihea.o. y-q;t *".",'i"r regar docu,'lnirtion of thename change, the Aoency on Aging *iiipro."rs the amendment. rnvoicespresented by the coitracior-*itxir,L co#to.tor,s new n"r" cannot bepaid prior to the Rgency on ngingL "il".*, of said amendment.ARTICLE XX. NOTICES
Any notice to be giveniereunder by either party to the other may beefrected bv one git$ r"rr"w"n ri""or, pi*ii"idintr".tor retains i!l?['; il*,:Fi[;:1ru:ru:jti'" ; il.;;ffi ;t*, ) *"nisrered o rovernight r"i[""'"oe Prcparo and return receipt requested; ;e'-'"" " Notices to the Ao
f ,*;;;;;;;,{,iT!"{it:i",:l?ffi
igg::::*l%H.",';"".Jltlii"1;"Avenue' #s12, Frg.no, ce esil1, uno not,=.Jrio"ti" tontractor sha, beaddressed to the collractoi;;il;r, as indicaieo on p"g" 1 of thisAgreement, unless otnerwisJ*ir"r*O in writing.
Each party may change its address originaty provided in this Agreementoy written notice to th6 ""* pl,ivin
"ccord"nce with this Articre.
A
B
C
American Rescue plan Act Grant AwardTerms and Conditions Declaration 49 FY 2023_2024 132
DOCUMENTS REQUIRED TO EXECUTE ARPA SITE-MANAGEMENT
CONTRACT FY 23-24
Please return two sets of all contract pages in the order provided by the Agency on Aging.
The following contrac{ documents require signatures and entries on both sets of documents.
Type enties and enter wiginal signatures in ink on both sets of documents:
tr Page2, Grant Award Contract $ignature page
Must include signature of individuat nrry?l if Exhibit E, page 5, as having primary, hands-on involvement & oversight of day-to-dav operations; and signature of individual authorized'bligoierning ooird to eiecute tit-itiiii"irrJ'niirrlii'An Appendix A, Resolution of Authorization to Contract Must contain signature of chair of service providels governing board. tr Appendix B, Contractor Certification Clauses
n
Must contain signature of individual authorized by governing board to execute the contract (see Appendix A).
Appendix C, lnformation lntegrity and Security Statement Must contain signature of individuat authorizei by governing board to execute the contract (see Appendix A).
Also, check appropiate box under "Certiff' at boftom of page 2 to indicate 128-bit Encryption compliance' status.
Ange$ixl{, RequestforTaxpayerldentification Numberand certification (vtt.g) Part ll, Certification, must contain signature of individual authorized by gtoverning board to execute the contract (see AppendixA). Only page 1, signature page required (do not submit pages 2_6), The following contract documents require tyoed entries on both sets of documents:
Appendix D, Method of providing Audit Compliance
Exhibit B, Budget: Email Excelversion to [email protected]; submit 2hardcopies with contract, Exhibit E, Program Narrative; Email Word version to [email protected], submit 2 hard copies with contract, Exhibit F, Service Provider Ernergency Resource lnformation n 1' List.of all proposed subcontractors for this Agneement (if any),and, following review of Agency on Agingcontract, copy of proposed contract template to be used for subcontractors] tr 2' certificate(s)of lnsuran ce Please review 4rtict? W of Aqreement prior to arranging for ceftificate to ensure all contractualrequirements for insurance ce anguage inctuded on certificate. n6.
Copy of IRS Determination Letter of Tax Exempt Status if a non-governmental organization, organizational chart, including names and position tittes for contracted program Job Description and Resume of individuat named on Exhibit E, page S, who has primary, hands-on invotvement andoversight ofthe day-to-day operations ofthe contracted program List of Governing Board members
List of Advisory council or Advisory committee members (if applicable) current documents (i.e, flyers, brochures) used to promote the contracted program COVID-1 9 Re-Opening ptan
tr
n
tr
n
tr
n
tr
tr
3,
4. 5.
7. 8.
ne.
Documents Required to Execute Contract
American Rescue PIan GrantAward FY 2023-2024
133
Appendices Cover Page
o Type entries in highlighted boxes as indicated.
o Appendices are set up for two-sided printing. Blank pages have been inserted where needed to accommodate two-
sided printing.
o Print two two-sided sets after typing entries, and obtain original signatures and dates on both sets where indicated. 134
Appennx A
REsolunoN oF AurnoRlzRTtoru To CorurRncr
The governing board of
Provider)
hereby authorizes
and
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 cornmencing July 1,2a23, and ending June ga,2az4, including any subsequent amendments and all necessary supporting documents.
Name of Chair
Governing Board
{Please t)
Signature of Chair
Governing Board
Date
Resolution of
Authorization to Contract
Appendix A Revised June 2023
135
Apperuox B
ConrRncroR C rnnFtcATtoN Cuuses
CenttprcRnoil
l, the official named below, CERTIFY UNDER PFNALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.
City of Sanger
ContractaiNendor Name (Typed)
94-600Q425
Federal lD Number
Authorized Signature Date Executed
Greg Garner - City Manager
Name and Title of Person Signing (Typed)
CONTRACTOR CERTIFICATION CLAUSE$ Source; State of Califarnia CCC A4/2017
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements, (Gov. Code $12990 {a-f)and CCR, Title 2, Section ffiAz) (Not applicable to public eniities,)
2. PRUG:FREE WO-RKILACF RHPUIRHMFNTS; Contractor willcomply 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 viorations. 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 lo abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to coniply with these requirements may result in suspension of payments under the Agreement or terminalion of the Agreement or both and Contractor may be ineligible for award of any Contractor Cedification
Clauses
AppendixB-Page1 Revised June 2023
136
Apperuolx B
Conrnecron CeRrFrcATroN C leuses
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 58350 et seq,) 3, NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board, (Pub. Contract Code S10296) (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 of the Business and Professions Code, effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any conhact period of less than a full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State and the Fresno-Madera Area Agency on Aging for legal services,
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1 , and is eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of lndustrial Relations website located at www,dir,ca.qov, and Public Contract Code Section 6'108. b. The contractor agrees to cooperate fully in providing reasonable access to the contracto/s records, documents, agents or employees, or premises if reasonably required by Contractor Certification
Clauses
AppendixB-Page2 Revised June 2023
137
Apperuox B
Corurnacron CeRlFtcATtoN C muses
authorized officials of the contracting agency, the Department of lndustrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a),
7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.
B, GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295,35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California CONFLICT OF INTEREST; Conhactor needs to be aware of the following provisions regarding current 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 clarification.
Current 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 required as a condition of regular state employment,
2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code 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 generalsubject 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 this Agreement void. (Pub. Contract Code S10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub, Contract Code 910430 (e)) Contractor Certification
Clauses
AppendixB-Page3 Revised June 2023
138
Apperuolx B
CorurRacron G eRlFtcATtoN C leuses
2. LABOR CODEA/VORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement, (Labor Code Section 3700)
3, AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U,S,C. 12101 etseq.)
4. CONTRACTOR NAME CHANGE:An amendment is required to change the Contractor's name as listed on this Agreement, Upon receipt of legal documentation of the name change the State will process the amendment, Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5, CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b, "Doing business" is defined in R&TC Section 23101as 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 RES TION A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement,
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Conhactor shall not be; (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3)finally determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204:This form must be completed by allcontractors that are not another state agency or other governmental entity.
Contractor Certification
Clauses
AppendixB-Page4 Revised June 2023
139
Apperuplx C
I ru roRruerpru I rurrcRtry AND S rcuRlry Sterrr'a e ur CrRrrrtcRnoru
I hereby certify that I have reviewed this Confidentiality Statement and will comply with the Statements below.
23-019 1 ARP
(Typed) Contract Number
Autharized Signature Date
Greq Garner - Citv Man aqer
Name and Title of Persan Signing (Typed)
ln compliance with California Government Code Section 110{9.9, California Civil Gode $ection 1798 et seq., Management Memo 06-12, and Statewide lnformation Management Manual (slMM) 5300, the catifornia Department of Aging (cDA) hereby requires the Contractor/Vendor to:
ACKNOWLEDGE:
r Any wrongful access, inspection, use, or disclosure of Personal, Confidential or Sensitive lnformation (PSCI) is a crime and is prohibited under state and federal laws, including but not limited to California Penal Code Section 502, California Government Code Section 15619, California CivilCode Sections 1798.53 and 1798.55, and the Health lnsurance Portability and Accountabirity Act. r Any wrongful access, inspection, use, disclosure, or modification of pscl information may result in termination of this Agreement.
MEET THE FOLLOWNG REQUIREMENT$:
r PSCI information shall be protected from disclosure in accordance with all applicable laws, regulations, and policies.
' PSCI data be protected by authorized access using the principles of least privilege.
. Any occurrence that actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system or the information the system processes, stores, or transmits or that constitutes a violation or imminent threat of violation of security policies, security procedures or acceptable use policies will immediately be reported to the Fresno-Madera Area Agency on Aging and a lnformation lntegrity and
Security Statement
AppendixC-Pagel Revised June 2023
140
Apper*orx C
lruroRnaRnoru lNrEcntw AND SecuRry SrnrrrurHr
Security lncident Repod form (CDA 10254 and 10258) must be submitted to the cDA lnformation security officer, via the Agency on Aging, within five (s) business days of the date the incident was detected.
r All access codes which allow access to confidential information will be properly safeguarded.
n 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 training is located on line at hitps://a g ing.ca.govi I nformation_secu rity. * All employees/subcontractors of the ContractorA/endor must comply with CDA's confldentiality and data security requirements as outlined in Article V, Section H, lnformation lntegrity and Security, of this Agreement.
r All employees/subcontractors of the ContracWendor must comply with the encryption and self-certification requirements as outlined in Arlicle V, Section H, lnformation lntegrity and Security, of this Agreement.
CERTIFY
To protect PSCI information by:
r Accessing, inspecting, using, disclosing or modifying PSCI information onlyfor the purpose of performing official duties.
t Never accessing, inspecting, using, disclosing, or modifying pscl information for curiosity, personal gain, or any non-business-related reason. . Securing PSCI information in approved locations.
r Never removing PSCI information from the work site without authorization. + Meets the encryption requirements in Arlicle V, Section H, lnformation lntegrity and Security, of this Agreement.
F ls in full compliance with the 128 Fncryption requirements.
E ls not in compliance with the 128 Encryption requirements and will achieve compliance by the following date: _ _! _.
lnformation lntegrity and
Security Statement
AppendixC*Page2 Revised June 2023
141
Apprruolx D
Msrnop or PRovlurue Auor Gomptnruce
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 xlv 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 $200, Subpart F - Audit Requirements, and 45 CFR $75, Subpart F - Audit Requirements, and a copy submitted to the Agency on Aging.
An independent audit shall be performed and a copy submitted to the Agency on Aging,
All supporting documentation shall be submitted to the Agency on Aging for review along with any request for reimbursement.
Enter FiscalYear Ending Date 30 2024
Month Day Year
Method of Providing
Audit Compliance
X
June
Appendix D Revised June 2023
142
Apperuox E
ReeurReo RepoRrs Rruo Due Dnres
Fiscal Reports
*Expenditure Reports by Program
Title lll B, Title lll c, Title lll D, and Title Vll Programs Due ldh of each month . Monthly Report of Expenditures and
Donations Revenue
Title lll E Family Garegiver Support Program Due tsth of each month . Title lll E Monthly Report of Expenditures
Health Insurance Gounseling and Advocacy Program Due 18h of each month . HICAP Monthly Report of Expenditure/Request for Funds (CDA 24s) Long-Term Care Ombudsman Program Due 18h of each month
. Budget Summary/Monthly Expenditure Report & Request for Funds, Special Deposit Fund & Skilled Nursing Facility Quality and Accountability Fund (CDA-OMB-300) * Payments are made by the last day of the month for accurate expenditure reports received by the due date. Late or inaccurate expenditure report submlssions will result in delay of payments until reporting requirements have been met.
Additional Fiscal Reports - All Programs
Final Budget Revisions
o Due by March 15,2024
Annual Financial Close Out Report 2nd fffifuAA 32, Fixed Assefs Acquired through Grants with the Fresno-Madera Area Agency on Aging
o Due by July 15th with exception of HICAP
r 1st HICAP Financial Closeout Report for federalfunds from July 1-March 31 due by April 30th
. znd HICAP Financial Closeout Report for State funds from July 1-June 30 and Federalfunds from April 1-June 30 due by July 30th
Copy of Audit, as required by contract
o Due within 30 days after receipt of auditor's report, or nine months after end of audit period, whichever is earliest
Request to Dispose of Property (FMAAA 2a8)
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
a
Required Reports & Due Dates AppendixE-Pagel Revised June 2023 143
Apperuox E
RreurReo RepoRrs eno Due DRres
Program Reports
Monthly Service Unit Report (Form 1s6M)
Due Vh workins dav of month:
o Title lll B Adult Day Care
o Attach Q Monthly Service Roster, associated Client lntake Forms, and Client Deactivation Request
o Title lll B LegalAssistance
o Title lll B Transportation
. Title lll D Health Promotion
. Title Vll (b) Elder Abuse Prevention, Education, & Training Due 15th of each month:
. Health lnsurance Counseling and Advocacy program (HlCAp) o Attach finalversion of HICAP Performance Measures and Benchmark Report generated from SHARP system for reporting month
*Monthly Title lll G and ARP Grant Elderly Nutrition Program Reports Due 7th working dav of month:
. Q Monthly Service Roster with client signatures and a"1" entered for each meal . 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) o Client Deactivation Request
r Nutrition Volunteer Summary Report
. Food Preparation Center Food Service Check Sheet
*See Policy and Procedure Manual, provided fo Srfe Coordinator, for full instructions Quarterly Reports
Due 1* of month followina reoorTins period:
r Title lll B California Legal Services Quarterly Aggregate Report (CDA 1022) through 4e FY 21-22.
. Title Vll (b) Elder Abuse Prevention Quarterly Activity Report (CDA 1037) Due 30th of month followinq reportinq period:
. Long-Term Care Ombudsman Program
o Copy of completed Quarterly Ombudsman Reporting Form (OSLICO S30// as "' I Tl,:il^;,;?:'ff :,3r:il:X ff ::,"i i:il i
^ "
o m b u d s m a n D ata, nte s ra t i o n
Network for July 1st through last day of reporting quarter Required Reports & Due Dates AppendixE-Page2 Revised June 2023 144
Apperuorx F
Fnesruo-MADERA Anea Acerucy ott Acrr,rc Serucloru Poucy At-Risk Designation
Title 45 of the Code of Federal Regulations (45 CFR), sections 74.14 and 92.12, defines factors that determine if an Agreement with a Contractor is at risk. 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 match 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.
ls not financially stable;
Has a management system which does not meet the management standards set forth in Article Vl, Section B, Accountability for Funds, of this Agreement;
Has not conformed to terms and conditions of previous awards; or ls otherurise 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 monitoring ;
1 2
3 4
5 B
c
D
E
1. 2.
3. 4.
Sanction Policy AppendixF-Page1 Revised June 2023
145
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 at-risk condition. Such sanctions may include:
A. Withholding of funds;
B. Requiring additional, more detailed, and/or more frequent financial and/or program reports;
C. Requiring preparation and implementation of an acceptable corrective action plan;
D. Additionalcontractmonitoring;
E. Requiring the Contractor to obtain technical or management assistance; F. Establishing additional prior approvals; and/or
G. Withholding authority to continue provision of service within a given funding period.
Sanctions may be imposed upon approval by the Executive Director of the Agency on Aging, with the exception of 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 and/or 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
il. Sanctions
Sanction Policy AppendixF-Page2 Revised June 2023
146
A. The nature of the sanctions;
B. The reason(s) for imposing them;
C. The effective date of the sanctions;
D, The legal or contractual citation upon which the sanction is based; E. The corrective actions which must be taken before they will be removed and the time allowed for completing the corrective actions; and F. The Agency on Aging's appeal procedure for service providers. 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 Terminafion 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 Revised June 2023
147
Apperuox G
Fnesruo-MADERA AneR Aoerucy ott Acruc
Appenl PnoceouRE FoR Senvrce PRovloeRs
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 berow shall be considered adverse determinations that are subject to appeal [ritte 22 ccR 57704 (c)(1) - (c)(3)(c)]:
A reduction in the level of funding to an existing contractor during an Agreement period; however, a reduction direcfly 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\3T11 .
Appeal Procedure
for Service Providers
A.
1 2
3 A
B
AppendixG-Pagel Revised June 2023
148
c
D
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:
1. Review the service provider's appeal, considering any additional evidence or documentation provided by the Agency on Aging Executive Director;
2. Determine if the appeal should be denied, or if a recommendation should be made to the full Agency on Aging Governing Board at its next scheduled meeting to take action to grant the appeal; and lll. Process
c.
Appeal Procedure
for Service Providers
A.
B
D
AppendixG-Page2 Revised June 2023
149
E
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 service provider must request the hearing within ten (10) business days of the Executive Committee's written notification of determination. The hearing request shall be in writing, shall specify the grounds upon which the determination is appealed, and must be accompanied by all supporting documents.
lf the Agency on Aging Governing Board does not accept and implement the Executive Committee's recommendation to grant the service provider's appeal:
F
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;
The service provider may request a hearing before the Agency on Aging Governing Board. The service provider must request the hearing within ten (10) business days of the date of the notification of the Agency on Aging Governing Board's decision. The hearing request shall be in writing, shall specify the grounds upon which the determination is appealed, and must be accompanied by all supporting documents.
2 (,
Appeal Procedure
for Service Providers
Upon receipt of the service provider's request for a hearing before the Agency on Aging Governing Board, the Agency on Aging will place the hearing on the agenda of the next regularly scheduled meeting of the Agency on Aging Governing Board, and provide the service provider with a copy of the published agenda.
1 The hearing before the Agency on Aging Governing Board shall consist of:
a) Receipt and review of all previously submitted documents concerning the appeal;
b) Submission in writing by the service provider of any additional information or documentation supporting the
service provider's position ;
c) An oral presentation by the service provider, not to exceed thirty (30) minutes; and
AppendixG-Page3 Revised June 2023
150
2 d) An oral presentation by the Agency on Aging Executive Director and/or 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 appeal was denied, including a statement that all appeal procedures to the Agency on Aging and its
Governing Board have been exhausted, and of the service provider's right to appeal the Governing Board's decision to the California Department of Aging. Such notification shall include a copy of Sections 7700 through 771O ol Tiile 22 of the California Code of Regulations, which contains the
process for appealing the determination to the California Department of Aging.
Appeal Procedure
for Service Providers
AppendixG-Page4 Revised June 2023
151
Apperuox H
Fnesruo-MADERA Anen Acerucy on Actr.rc
2520 Wesr Snnw Lerue, Sure 101A, FResruo CA 93711
MRrunc Aooness: 2037 Wesr Bulleno Averuue, #512, FResruo, CA 9371 1 Pnocnnu Goruracr Llsr ron SeRvrce PRouoens
Telephone Number for All Contacts: (559) 214-0299
Jamie Sharma - Ext. 500
Executive Director
Email : [email protected]
Fax: (559) 243-5918
Paul Bustamante - Ext. 501
Director of Finance
Email : [email protected]
Fax: (559) 243-5918
Vacant- Ext.401
Finance Manager
Email: Fax: (559)
243-5918
Hillaree Bennett- ExL 102
Program Director
Email:
[email protected]
Fax: (559) 243-5918
Stephanie Jenkins - Ext. 203
Nutrition Program Manager
Email: [email protected]
Fax: (559) 243-5918
Fresno-Madera Area Agency on Aging
Contact List for Service Providers
Appendix H Revised June 2023
152
Apperuorx I
Fnesruo-MADERA Anea Acency or,r Acrr.rc
Enaencerucy Corurecr I ruroRnaATtoN
lnformation and Assistance: (55e) 214-02ee
(800) 510-2020
Executive Director,
Emergency Coordi nator,
and Public Relations Officer
Jamie Sharma
Virtual Office Mailing
Address:
2037 W. Bullard Ave. #512
Fresno, CA 93711
Office Phone (55e) 214-0299
Program Director,
Alternate Emergency
Coordinator
Hillaree Bennett
Virtual Office Mailing
Address:
2037 W. Bullard Ave. #512
Fresno, CA 93711
Office Phone:
After Hours Phone:
(55e)31e-0863
(55e) 308-6267
Fresno-Madera Area Agency on Aging
Emergency Contact lnformation
Appendix I Revised June 2023
153
Apperuolx K
Reouesr pon Tlxpeyen loetlFtcATtoN NuttleeR nruo CennFtcATtoN Please complete and sign lnternal Revenue Service Form w-9, which is provided on the next page.
Please return only the signature page (page 1). Pages 2-O are provided for your information only.
Request for Taxpayer ldentification
Number and Certification (lRS Form W-9)
Appendix K Revised June 2023
154
,"* llU-9
{Rev. oclobor 2018}
Dgpa/tmont of th€ Treasury
lnt€mal Ravenue Servlce
Request for Taxpayer
ldentification Number and Certification
> Go to www.in.govlFormlVg for instsuetions and lhe laterl anformailon.
Give Form to the
requester. Do not
send to lhe lRS.
(9
o
E({
a
tro.ltocao>Efl4,
ocl:U!
O-o
(,oa
10 oo
an
on your tax tglurn). on do nol leave
CITY OF SANGER
2 Businoss snlily name, above
4 Examplions (codes apply only to
c€rtain entitles, not individualsi see
inslructions on page 3):
Exsmpt payos code {if any}
Exemplion from FATCA reporting
code 0f any)
(ApqlE lO tacanls tunldMd @t*t& Iha u.s )
Fsqu€st6r's name
account nurnbgr(sl h€re
line'l to avoid
However, for a
For other
Haw to get a
Nole: lf the account is in more than one name, see the instructions for line 1. Also see What Nama andNumberTo Give the Regueslerfor guidelines on whose number to enter.
Under penalties of perjury, I certify that:
'1. The number shown on this torm ls my correct taxpayer ldentitlcallon number (or I am wsiting for a number to be issued to me); and2' I am.not 1llbject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not be€n notified by the lnt€rnal RevenueService (lRS) that I am subject to bqq!,up withholding as a resuit of a failure to report all inieresi or dividenOs, or 1o; ttre tnS has notified me that I amno longer subject to backup withholding; and
3. I am a U,S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) €nteted on this form (if any) inclicating that lam exempt trom FATCA rcpo*ing is correct.
Here
General I
Section reforences are to the lntemal Revenue Code unless othenrvise noted.
Future developments, For the latsst information about d€velopments relat€d to Form W-9 and its imtructions, such as legislation enacted after they were published, go to wwt,r.irs.govlFormWg.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to lile an information retum with the IRS musl obtain your correct taxpayer iq1lifigalion number fIlN) which may be your sociat securiry number (SSN), individual taxpayer id€ntification number {lTlN), adopiion taxpayer identiflcation numbor (ATIN), or employer ldentllication number (ElN). to report on an information return lhe amount paid to you, or other amount reportable on an informalion return. Examples of information returns include, but are nol limited to, the following. . Form 1 099-lNT iinterest earned or paid)
, Form 1099-DlV (dividends, including those from stocks or mutual funds)
. Form 1099-MISC (various lypes of income, prizes, awards, or grcss proceeds)
e Form 'l 099-9 (slock or mutual lund sales and certain other transactions by brokers)
. Form 1099-S @roceeds lrom real estate transactions)
r Form 1099-K {merchant card and third party network transactions) . Fotm 1098 (home mortgage interest), 1 098-E {student loan intcrest), 1098-T (tuition)
r Form 1099-C icanceled debt)
. Form 1099-A (acguisition or abandonment of secured proporty) Use Form W-9 only if you are a U.S. person (including a resident alion), to provide your conect TlN.
ll you do not return Form W-9 to the requester with a TlN, you might be subtbct to backup withholding. See What is backup withholding, later.
for tederal lax classilication of the person whose namE is entered on llne 1 . check only one of lhe fl lndividuafsole propdetor o, n c co.po.ation n S coryoration I ea*nership n Trusyeslaie slngle-mamber LLC
I Llmlted liability company. Enler lhe tax cla$sificaiion (C=C corporation, S=S corporation, p=parlnershtp) >_ Noto: check th€ approprlale box in the line abovo tor thg tax classltication ot the singls-member owner, Do not checkLLC if the LLC ls classiti€d as a sing'e-membet LLC lhat is dlsregarded ltom lhe ownlr unless the ownor of ths LLC is anolhor LLC that ls not disr€gardod ftom the owner for U,S. federal tax pu.poses. Olh€rwise, a single-membor LLC lh8tis dlsregatded lrom lhe owner should chsck lhe approprlale box for theiaxclassilicallon of lt6 owner, Other
3 Checkapproprlate box
following seven boxes.
LOCAL GOVERNMENT
apl. or suite inslruolion6.
1 7OO 7TH STREET
{numbor, strset,
state, ard ZP code
SANGER, CA 93657
Part I
identilication
9 4 6 0 0 o 4 2 5
Part ll
Cal. No. 10231X Forn W-9 (Rev. 10-2018)
155
ExHreff A
TITLE III PROGRAM EXHIBIT
Title lll Cl - Elderly Nutrition Program Site Management l. Definitions Specific to Title lll Programs:
A Program 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 51321]; the California Code of Regulations (CCR) 122 CCR 57000 et seq.l; California Department of Aging Program Memoranda; and California Retail Food Code (CRFC).
B. Title lll Cl Congregate Nutrition Services is defined as nutrition services for older individuals in a congregate setting. Services include meals, nutrition and health promotion education, health promotion programs, nutrition risk screening, and opportunities for socialization.
Each meal shall provide one{hird (1/3) of the Dietary Reference lntakes (DRl), and comply with the most current Dietary Guidelines for Americans.
To be an eligible Title lll Cl congregate nutrition site, the site must meet all of the following criteria [22 CCR $7638.7(a)]:
Be open to the public [45 CFR 51321 .53(bX3)].
Not means test IOAA S315(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 S7638.e1.
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(01.
C. Title lll C2 Home-Delivered Nutrition Services is defined as nutrition services provided to frail, homebound, or isolated 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.122 CCR S7135,22 CCR 57638.7(c)1.
1. 2.
3. 4.
Elderly Nutrition Program
Site Management
ExhibitA-Pagel FY 23-24
156
D Eliqible Service Population is defined as individuals 60 years of age or older, with emphasis on those in economic and social need with particular attention to low income minority individuals, individuals with limited English proficiency, and older individuals residing in rural areas.
IOAA S305(aX2)(E); 22 CCR SS71 25, 7 127, 7 130, 71 351.
Site Manasement 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 Eldedy 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.
CRFC means the California Retail Food Code, which is a uniform statewide health and sanitation standard for food facilities, found in Section 113700 et seq., California Health and Safety Code.
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; and2) 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. Eliqible Participant is defined as:
1 Conoregate Meals: Individuals eligible to receive a meal at a congregate nutrition site are:
a. Any older individual (sixty (60) years of age or older). b. The spouse of any older individual.
c. A person with a disability, under age sixty (60) who resides in housing facilities occupied primarily by older individuals at which congregate nutrition services are provided.
d. A disabled individualwho resides at home with and
accompanies an older individual who participates in the program.
[22 ccR $7638. 7(aX 1 )-(4)]
E
F
G
Elderly Nutrition Program
Site Management
ExhibitA-Page2 FY 23-24
157
2 Volunteer Meals
a. The Contractor may offer a meal to a volunteer under age sixty (60), if doing so will not deprive an individual age sixty (60) or older of a meal. [22 CCR 57636.9(bX3);
ccR 57638.7(b); and oAA S33e(H)l
b. The Contractor shall develop and implement a written policy for providing and accounting for volunteer meals.
122 CCR 57638.7(bX2)l
livered Meals lndividuals eligible to receive a home-
delivered meal are:
a. Any individual 60 years of age or older who is frail, homebound, or isolated by reason of illness, disability, or isolation. 122 CCR 57638.7(c)(1)l These individuals shall be given priority in the delivery of services. [45 CFR
S1321.6e(a)l
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 971 19(a)l or
2) Due to a cognitive or other mental impairment,
requires substantial superuision because the older
individual behaves in a manner that poses a
serious health or safety hazard to the individual or
to others. 122 CCR S711g(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. [22 CCR $7638.7(c)(2)]
c. An individual with a disability who resides at home with older individuals, if an assessment concludes that it is in the best interest of the homebound older individual who participates in the program. 122 CCR $7638.7(c)(3)l
3 Elderly Nutrition Program
Site Management
ExhibitA-Page3 FY 23-24
158
Gurrent 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 J. Eliqible 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.
K. lndividual a Disabilitv 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 reseryes the right to allocate meal quantities for the Elderly Nutrition Program. The service provider may be held financially responsible, at the Current Meal Rate, for all meals ordered which exceed the site's assigned allocation. The Agency on Aging has the option to increase or decrease the meal target allocations to individual sites in the event of changes in available funding, or
changes in average service levels at individual meal sites.
L
1 a
b
Elderly Nutrition Program
Site Management
ExhibitA-Page4 FY 23-24
159
c Only those meals that are served to an eligible participant which provide one-third (113) 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 Manaoeme nt Resoonsibilities
ln compliance with Tille 22, CCR, Article 5, and the Agency on Aging Nutrition Policies and Procedure Manual provided to the service provider's site coordinator, the service provider will:
a. Assure accurate and timely completion of Client lntake forms, client rosters, daily meal sign-in sheets, Client Deactivation requests, and Nutrition Volunteer Summary reports for the Congregate and Home-Delivered Meals programs;
b. Verify and order meal counts for Congregate (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 all Title lll C Program and CRFC requirements for client eligibility, and meal service safety and sanitation practices;
Maintain separate and verifiable records of all program income and expenses for Congregate (Cl ) 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);
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;
Assess new and continuing Congregate Meals clients for
program eligibility. Congregate Meals client reassessments are to be conducted at least once during each fiscal year. e
f
g
Elderly Nutrition Program
Site Management
ExhibitA-Page5 FY 23-24
160
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 (Cl ) 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.
ldentify 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 all Agency 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
m
n
o
p.
q
Elderly Nutrition Program
Site Management
ExhibitA-PageG FY 23-24
161
lnclude procedures for obtaining the views of Congregate Meals Program participants about the services received; Have equipment at congregate meal sites, including tables and chairs, that are sturdy and appropriate for older
individuals. Tables shall be arranged to assure ease of access and encourage socialization;
Provide a welcoming, pleasant dining environment for
congregate meals that affords older adults an opportunity for socialization with their peers and enhancement of a healthy and enriching lifestyle; and
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 in 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.
5. The service provider shall name Fresno-Madera Area Agency on Aging (FMAn41 in any promotional events and/or brochures when promoting the congregate senior nutrition program.
a. Example 1: "This program is partially funded by the
Fresno-Madera Area, Agency on Aging"
b. Example 2: Thank you to the Fresno-Madera Area
Agency on Aging for the partial funding of our
congregate senior nutrition program.
r
S
t
U
B
Elderly Nutrition Program
Site Management
ExhibitA-Page7 FY 23-24
162
IV
Elderly Nutrition Program
Site Management
Approved Holidays for Nutrition Sites
There are a total of nine recognized holidays (ten days) in which food service will not be provided by central kitchens to congregate meal sites and sites are assumed to be closed:
lndependence Day
Labor Day
Veterans Day
July 4
First Monday in September
November 11
Thanksgiving Holiday Fourth Thursday in November
Christmas Holiday December 25
New Years Holiday January 1
Martin Luther King Jr. Day Third Monday in January
Presidents Day Third Monday in February
Memorial Day Final Monday in May
ExhibitA-Page8 FY 23-24
163
Exhibit B
BUDGET
INSTRUCTIONS
Please review all instructions before preparing the budget.
The budget forms provided with this contract consist of four pages: