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.
AGENDA
SANGER CITY COUNCIL
REGULAR MEETING
THURSDAY, AUGUST 1, 2024
6:00 PM
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.
Levine Act Disclosure. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well.
The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. Co uncil Members are also required to make such disclosures and recuse themselves.
Conflicts of Interest. Council Members are required to disclose conflicts of interests and recuse themselves.
A. CALL TO ORDER
B. OPENING CEREMONIES
Invocation
Flag Salute
Roll Call
C. AGEND A APPROV AL, ADDITIONS AND/OR DELETIONS
1 City Council Agenda
August 1, 2024
D. PUBLIC FORUM
(This portion of the meeting is reserved for members of the public who wish to address the Council on any matter not listed on the agenda and within the subject matter jurisdiction of the City Council. Each speaker is limited to three minutes. Speakers shall address all comments to the Mayor and the Council as a body and not to any particular Council Member or member of the staff. Speakers are asked, but not required, to state their name and address.
The Council is prohibited by law from taking action on items not on the agenda.)
E. C ONSENT 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 Council Member may request an item be removed from the Consent Calendar and it will be considered separately.)
1. SUBJECT: Minutes of the Special Meeting and Regular Meeting held on July 18, 2024.
RECOMMENDATION: Tha t the City Council approve.
2. S UBJECT: Zoning Ordinance Text Amendment No. 2023-04 requesting a text revision to Municipal Code Sections 90-693 and 90-733.
RECOMMENDATION: Tha t the City Council waive the full second reading and adopt Ordinance No. 2024-05, an Ordinance of the City Council of the City of Sanger approving Zoning Ordinance Text Amendment 2023-04 amending Sections 90-693 and 90-733 of the Sanger City Code, adding “Storage buildings, mini storage facilities” to the list of conditionally permitted uses within the C-4, General Commercial, and C-M, Commercial and Light Manufacturing zone districts, and associated CEQA finding under CEQA Guidelines 15061(b)(3).
3. S
UBJE CT: Zoning Ordinance Text Amendment No. 2024-02 requesting a text revision to Municipal Code Sections 90-40 and 90-653.
RECOMMENDATION: Tha
t the City Council waive the full second reading
and adopt Ordinance No. 2024-06, an Ordinance of the City Council of the City of Sanger approving Zoning Ordinance Text Amendment 2024-02 amending Sections 90-40 and 90-653 of the Sanger City Code, adding “Outdoor venue – outdoor dining (mobile vendors), serving alcoholic beverages, live entertainment” to the list of conditionally permitted uses within the C-3, Central Commercial, zone district and associated CEQA finding under CEQA Guidelines 15061(b)(3).
4. S
UBJECT: Final Acceptance for Bethel and Annadale Traffic Signal Improvements.
RECOMMENDATION: Tha t the City Council:
1. Accept the work for the Bethel and Annadale Traffic Signal Improvements Project in the amount of $81,900.00; and
2. Authorize recordation of the Notice of Completion with the Fresno County Recorder; and
3. Authorize payment of 5% retention in the amount of $4,095.00 to St.
Francis Electric, LLC upon expiration of the 35-day lien period. 2 City Council Agenda
August 1, 2024
5. S UBJECT: Transportation Development Act (TDA) Claim – FY 2023-24.
RECOMMENDATION: That the City Council accept the Funding Claim for Local Transportation Funds (TDA) and St ate Transit Assistance Funds (STAF) apportionment and authorize the Assistant City Manager/Administrative Services Director to sign the submit the Fiscal Year 2023- 2024 Transportation Funding Claim.
6. SUBJECT: Transportation Development Act (TDA) Claim – FY 2024-25.
RECOMMENDATION: That the City Council accept the Funding Claim for Local Transportation Funds (TDA) and State Transit Assistance Funds (STAF) apportionment and authorize the Assistant City Manager/Administrative Services Director to sign the submit the Fiscal Year 2024 -2025 Transportation Funding Claim.
7. S
UBJECT: Destruction of Public Records that Exceed Legal Retention Periods.
RECOMMENDATION: Tha
t the City Council adopt Resolution No. 2024-49
authorizing the destruction of certain records held by the City Manager ’s Office, City Clerk/Human Resources Department, and Fire Department in accordance with State law and the Sanger City Code.
8. S
UBJECT: Approval of Fresno- Madera Area Agency on Aging (FMAAA) Contract for FY 2024-2024 – Contract No. 25-0191.
RECOMMENDATION: Tha
t the City Council adopt Resolution No. 2024-
50 approving contracts with the Fresno Madera Area Agency on Aging for the Title III C1 Congregate Nutrition Program for Older Adults and authorizing their execution by the City Manager for FY 2024-2025.
9. S
UBJECT: Acceptance of UC Davis All Animals Grant and enter into Shelter Service Agreement.
RECOMMENDATION: Tha t the City Council approve Resolution No. 2024-51 accepting the “All Animals” Grant Funds from UC Davis and the Koret Shelter Medicine Program, approving the Shelter Services Agreement with The Regents of the University of California for spay/neuter services, and amending the Fiscal Year 2024-25 budget.
F. D
EPARTMENT REPORTS
1. S UBJECT: Executive Management Special Compensation Premiums Resolution as required by CalPERS.
RECOMMENDATION: Tha
t the City Council adopt Resolution No. 2024-
52 establishing Special Compensation Premiums for Unrepresented Executive Management Positions for compliance with California Code of Regulations (“CCR”) as required by the California Public Employees Retirement System (“CalPERS”).
3 City Council Agenda
August 1, 2024
2. SUBJECT: Consultant Services Agreement for a Classification and Compensation Study.
RECOMMENDATION: That the City Council approve the Consultant Services Agreement with Evergreen Solutions, LLC, in the amount of $41,500 to conduct a Classification and Compensation Study and authorize the City Manager to execute the Agreement.
G. CITY MANAGER/STAFF COMMUNICAT
ION
H. MATTERS INITIATED BY CITY COUNCIL MEMBERS
(This portion of the meeting is reserved for Council Members to initiate new matters and to request updates and/or status on existing matters. Under this section, the Council may also take action on any items specifically agendized.)
1. SUBJECT: Mobile Vendor Regulations.
RECOMMENDATION: That the City Council receive staff ’s report and provide direction on Mobile Vendor Regulations.
I. 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 26th of July 2024.
Rebeca Padron, City Clerk
ADA COMPLIANCE AND REASONABLE ACCOMMODATIONS POLICY. The Council has adopted a Reasonable Accommodation Policy which 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 Council, please email the City Cl erk 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.
TRANSLATION SERVICES. Translation services in Spanish will be provided upon request.
4 City Council Agenda
August 1, 2024
NOTICE OF A V AILABILITY 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.
5 T
HURSDAY, JULY 18, 2024
5:00 PM
COUNCIL CHAMBER
1700 7th Street
Sanger, CA 93657
A. CA
LL TO ORDER
The
Council called their Special Meeting to order at 5:05 pm.
B. RO
LL CALL
Pr
esent: Mayor Frank Gonzalez, Council Member Michael Montelongo, Council Member Dolores Melendez
Absent: Mayor Pro Tem Daniel Martinez, Council Member Esmeralda Hurtado C. AGENDA AP
PROVAL
The
Council by motion of Council Member Montelongo approved the agenda as posted. The motion was seconded by Council Member Melendez and approved by the following vote:
AYES
: GONZALEZ, MONTELONGO, MELENDEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: MARTINEZ, HURTADO
D. PUB
LIC FORUM
None
.
E. CL
OSED SESSION
The
Council adjourned to Closed Session at 5:06 pm.
1. Pur
suant to Government Code Section 54957.6
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: City Manager, Assistant City Manager, City Clerk/Deputy Personnel Officer
Employee Organization: S anger General Employees Organization, Sanger Middle Management Organization, Sanger Firefighters Association, Sanger Police Officers Association, Stationary Engineers Local 39
2. Pur
suant to Government Code Section 54956.95
LIABILITY CLAIMS
Claimant: State Farm Mutual Ins Co a/s/o Alejandra Anderson Agency Claimed Against: City of Sanger
Minutes of a Special Meeting of the Sanger City Council E-1
6 City Council Special Meeting Minutes
July 18, 2024
Mayor Pro Tem Martinez and Council Member Hurtado arrived at approximately 5:07 pm and joined the Council in Closed Session.
The Council adjourned Closed Session and reconvened the Special Meeting at 5:59 pm.
F. CITY ATTORNEY REPORT FROM CLOSED SESSION
City Attorney Hilda Montoy announced no reportable action was taken in Closed Session.
G. ADJOURNMENT
The Council adjourned their Special Meeting at 6:01 pm.
ATTEST:
Rebeca Padron, City Clerk
7 Minutes of a Regular Meeting of the Sanger City Council
THURSDAY, JULY 18, 2024
6:00 P.M.
COUNCIL CHAMBER
1700th Street, Sanger, California 93657
A. CALL TO ORDER
The City Council called their meeting to order at 6:00 pm.
B. OPENING CEREMONIE
The invocation was offered by Pastor Paul Canaday.
The flag salute was led by Mayor Frank Gonzalez.
Roll Call
Present: Mayor Frank Gonzalez, Mayor Pro Tem Daniel Martinez, Council Member Esmeralda Hurtado, Council Member Michael Montelongo, Council Member Dolores Melendez
C. AGENDA AP PROVAL, ADDITIONS AND/OR DELETIONS
The Council by motion of Mayor Pro Tem Martinez approved the agenda as posted. The motion was seconded by Council Member Melendez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
D. CEREMONIAL MATTERS
1. The City Council recognized Ken Garcia for his service on the City’s Planning Commission.
2. Mid Valley Disposal representatives announced the Sanger High School and Sanger High West Scholarship Winners.
8 City Council Regular Meeting Minutes
July 18, 2024
E. P
UBLIC FORUM
Wilfred Laemmlen provided comment regarding the City’s denial of his claim for damage.
Henry Provost indicated that the handicapped parking sign at 7 th Street & Academy Avenue is
illegible and the curb needs to be repainted.
Al Alvarado stated this was the fifth time dealing with the City and that he is still living under a temporary certificate of occupancy after one and a half years.
Unidentified audience member stated that fireworks were thrown behind her house and her kids were scared. She called 911 and was told that if it was not an emergency she needed to call a different phone number.
Rodney Nielson asked the Council to encourage City staff to follow the public records act. He said it is past 10 days and has yet to be responded to, specifically to his request for information regarding Quality and 9
th Street. He indicated that he called the City to report a broken line and was told someone would fix it but on Monday there was still leaking water.
Kevin Carter said there have been some problems and have identified the problems. He said the City has stepped up and addressed them and he thinks the City is moving in the right direction.
F. C
ONSENT CALENDAR
The Council by motion of Council Member Montelongo pulled Agenda Items F-2 and F-8 and approved the following items on the Consent Calendar:
1. S
UBJECT: APPROVED - Minutes of the Special and Re gular Meetings held on June 6, 2024 and the Special Meetings held on June 24, 2024 and June 26, 2024.
3. S
UBJECT: APPROVED - Payroll including Direct Deposit Nos. 63098 through 63571; Payroll Check Nos. 59623 through 59714; and Benefit Check Nos. 1996 through 2011.
4. S
UBJECT: INFORMATIONAL ITEM - Police Department Monthly Report.
5. S UBJECT: INFORMATIONAL ITEM - Fire Department Monthly Report.
6. S UBJECT: APPROVED - Extension of the School Resource Officer Agreement with Sanger Unified School District.
Th
e City Council approved the Fourth Amendment to Agreement with Sanger Unified School District for School Resource Officer Services and authorized the City Manager to execute the Agreement.
9 City Council Regular Meeting Minutes
July 18, 2024
7. S UBJECT: APPROVED - Annual Report to Public – AB 481.
The City Council accepted and approved the Military Equipment Annual Report.
9. S UBJECT: APPROVED - Negative Declaration CEQA Fresno County Regional ATP.
The City Council approved Resolution No. 2024-43 adopting the Negative D
eclaration for CEQA for the Fresno County Regional Active Transportation Plan.
10. S
UBJECT: APPROVED - Affordable Housing and Sustainable Communities Grant, Sanger/Newmark.
The City Council adopted R
esolution No. 2024-44 to list City Manager Nathan
Olson as authorized to execute Sanger/Newmark AHSC Standard Agreements (21-AHSC-16971).
11. S
UBJECT: APPROVED - Memorandum of Agreement Among Fresno Council of Governments – U.S. EPA Climate Pollution Reduction Grant.
The City Council authorized City Manager Nathan Olson to sign the M
emorandum of Agreement Among Fresno Council of Governments – U.S. EPA Climate Pollution Reduction Grant.
12. S
UBJECT: APPROVED - Letter of Support Authorizing the County of Fresno to submit CalRecycle Application on Behalf of the City of Sanger.
The City Council authorized the City
Manager to sign a Letter of Support
authorizing the County of Fresno to submit CalRecycle grant application for the Used Oil Payment Program 15 on behalf of the City.
The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
2. S
UBJECT: INFORMATIONAL ITEM - Warrants including Check Nos. 91826 through 92314.
J
oe Rocha asked that the City Manager call him to answer questions regarding Check Numbers 50568, 50760, 50769, 50771, 50576, 50578, 50579, 50580, 50581, 50240.
10 City Council Regular Meeting Minutes
July 18, 2024
8. S UBJECT: APPROVED - Adoption of Fresno County Regional ATP.
Public comment:
Unidentified audience member stated he wanted to make sure that everyone involved understand that it’s a public something and said he couldn’t think of the word.
The City Council by motion of Mayor Pro Tem Martinez approved Resolution No. 2024-42 adopting the Fresno County Regional Active Transportation Plan.
The motion was seconded by Council Member Melendez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO,
MELENDEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
H. P
UBLIC HEARING
1. S UBJECT: Placement of a No Tax Rate Increase, Public Safety Measure on Ballot Continuing Special Tax for Public Safety to City of Sanger Voters.
T
he City Council held a public to discuss placement of a No Tax Rate Increase, Public Safety Measure on the ballot continuing Special Tax for Public Safety to City of Sanger voters.
Public comment:
Unidentified audience member stated there should be a percentage guaranteed to non-profits and it would pass with flying colors.
Henry Provost stated if there is no sunset, once the faucet gets turned on it will never get turned off again. He stated if the City needs to increase taxes it should bring businesses and houses.
Kevin Carter stated the City needs this badly and he would hate to think how Police and Fire would continue without this funding.
Karen Pearson, President/CEO of Sanger Chamber of Commerce, stated that the City needs to make sure Fire employees have sufficient protective equipment and ensure no interruptions in protecting the community from crime. She stated she is glad this includes fiscal accountability.
Efren Rubio stated he would like to keep it as it was with a 10-year end.
11 City Council Regular Meeting Minutes
July 18, 2024
Rodney Nielson stated he supports Measure S but with no sunset, it may cause people to questions. He cautioned in using the letter “P” so as to not get caught up with a neighboring city.
A local business owner stated that Mayor Gonzalez ran on a campaign of getting back to basics and he can’t imagine anything more basic than this.
Zoom audience member stated that trying to pass it with no sunset is trying to take advantage of citizens.
The Council closed the public hearing.
Council Member Hurtado made a motion to adopt Resolution No. 2024-45, changing the measure to include a sunset of 10 years and include a paramedicine program. The motion died for lack of a second.
The Council by motion of Council Member Montelongo adopted Resolution No. 2024-45 submitting a ballot measure to continue the Special Sales Tax for Public Safety with no increase of tax rate to City of Sanger Voters at November 5, 2024 Municipal Elections, Requesting County Elections to conduct the Election; requesting Consolidation of Election, and authorizing City Clerk to carry out all necessary Procedures. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, MONTELONGO, MELENDEZ
NOES: HURTADO
ABSTAIN: NONE
ABSENT: NONE
2. S
UB JECT: Levying Annual Assessments for Sanger Landscaping and Lighting Maintenance District No. 1.
T
he Council held a public hearing to discuss levying annual assessments for Sanger Landscaping and Lighting Maintenance District No. 1 and Sanger Landscaping and Lighting Maintenance District No. 2.
Public comment:
Rodney Nielson stated that he knows this is necessary and asked the City to address what should be seen from this tax. He stated in his area the landscape is better now than four or five years ago but it is not great. He stated perhaps the City is not getting the value from the County.
Unidentified audience member asked what is happening to Faller Park and JFK Park. He stated there is stagnant water at both parks.
The Council closed the public hearing.
12 City Council Regular Meeting Minutes
July 18, 2024
The Council by motion of Mayor Pro Tem Martinez approved Resolution No. 2024-46 Confirming Diagram and Assessment for the Annual Levy of Assessments for Sanger Landscaping and Lighting Maintenance District No. 1 for FY 24-25, and directed the City Clerk to record this resolution with the Fresno County Office of the Auditor-Controller.
The motion was seconded by Council Member Montelongo and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
3. S
UBJECT: Levying Annual Assessments for Sanger Landscaping and Lighting Maintenance District No. 2.
T
he Council by motion of Council Member Montelongo approved Resolution No. 2024-47 Confirming Diagram and Assessment for the Annual Levy of Assessments for Sanger Landscaping and Lighting Maintenance District No. 2 for FY 24-25 and directed the City Clerk to record this resolution with the Fresno County Office of the Auditor-Controller. The motion was seconded by Council Member Melendez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
4. S
UBJECT: Zoning Ordinance Text Amendment No. 2023- 04 requesting a text revision to Municipal Code Sections 90-693 and 90-733.
T
he Council held a public hearing to discuss Zoning Ordinance Text Amendment No. 2023-04 regarding a revision to Municipal Code Sections 90-693 and 90-733.
Public comment:
Unidentified audience member stated he thinks this is all necessary.
The Council closed the public hearing.
The Council by motion of Council Member Hurtado waived the full reading and introduced, by title only, Ordinance No. 2024-05, an Ordinance of the City Council of the City of Sanger approving Zoning Ordinance Text Amendment 2023-04 amending Sections 90-693 and 90-733 of the Sanger City Code, adding “Storage buildings, mini storage facilities” to the list of conditionally permitted uses within the C-4, General Commercial, and C-M, Commercial and Light Manufacturing zone districts, and associated CEQA finding under CEQA Guidelines 13 City Council Regular Meeting Minutes
July 18, 2024
15061(b)(3). The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
5. S
UBJECT: Zoning Ordinance Text Amendment No. 2024- 02 requesting a text revision to Municipal Code Sections 90-40 and 90-653.
T
he City Council held a public hearing to discuss Zoning Ordinance Amendment No. 2024-02 regarding revisions to Municipal Code Sections 90-40 and 90-653.
Public comment:
Jacob Zaillian stated that a few months ago this was formatted differently. He stated the last time it was said that HOP wanted to do it. He stated this is so close to his church and they help people get sober. He asked what will be done regarding portable restrooms, security, lighting, and parking.
Unidentified audience member stated he would like to see more family friendly events. He stated that in a 2022 survey, 46.8 million people sought help for addiction. He stated he wants our town to be family friend and there are six places that sell alcohol in that small vicinity.
Henry Provost stated the first miracle was turning water into wine and all things should be in moderation.
Unidentified audience member stated this has many issues and should be tabled for next month.
Kevin Carter stated there is not much parking downtown but if the City provides something the people want to come to, they will walk.
Unidentified audience member stated they would love a place like this but to be fair there are not enough answers to the issues. He said the live entertainment will be amplified and so close to a church.
Karen Pearson stated this will refocus energy and will not be a just a bar. There will be live entertainment and food. This will be an event venue and provide a family friendly environment.
She stated HOP is family friendly.
Tom Nicholson, former Chair of Downtown Revitalization Committee, stated this will restore, reenergize and reconnect the community downtown and this fits what the Committee is trying to achieve. It will be a safe environment and the venue can be used for ministry. 14 City Council Regular Meeting Minutes
July 18, 2024
Tommy, owner of House of Pendragon, stated he thinks what he envisions for the area is being misconstrued. He stated the craft beer culture is not about keg stands and pounding beer. He said in his eleven years of operation, the police were never called. He said this will be a place for families to unwind, spur a spark to the downtown and build up other businesses.
Javier Elizondo (Zoom participant), owner of Mi Linda Tierra, stated this is very concerning to him. He said if events are held on Fridays and Saturdays it will wipe him out in sales.
Unidentified Zoom participant stated that this is a godsend. It is an opportunity to bring life to downtown Sanger.
The Council closed the public hearing.
The Council by motion of Mayor Pro Tem Martinez waived the full reading and introduced, by title only, Ordinance No. 2024-06, an Ordinance of the City Council of the City of Sanger approving Zoning Ordinance Text Amendment 2024-02 amending Sections 90-40 and 90-653 of the Sanger City Code, adding “Outdoor venue – outdoor dining (mobile vendors), serving alcoholic beverages, live entertainment” to the list of conditionally permitted uses within the C- 3, Central Commercial, zone district and associated CEQA finding under CEQA Guidelines 15061(b)(3). The motion was seconded by Council Member Melendez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
I. D
EPARTMENT REPORTS
1. S UBJECT: Sanger Wastewater Plant Determination of Emergency.
Public comment:
Judy Case McNairy stated that when the sludge is removed they made find other things not seen before and then can’t stop the flow of waste. She stated that the City has had two notices of violation from the wastewater board but Sanger is taking good steps.
Rodney Nielson stated the City should do whatever needs to be done to fix the odor permanently.
He said there have been unpleasant smells for the past couple of years but it has improved in the last couple of months.
15 City Council Regular Meeting Minutes
July 18, 2024
Kevin Carter stated we needed $700,000 to fix the problem and have $8 million in the sewer fund but it was not done. He said he asked for a tour but was never given one. He talked to the wastewater board and they are very encouraged by the new city manager.
Unidentified audience member thanked the City Manager for transparency about the situation.
The Council by motion of Council Member Montelongo adopted Resolution No. 2024-48, approving City Manager’s Determination of Emergency at the Sanger Domestic Wastewater Treatment Facility and the Industrial Wastewater Treatment Facility and authorizing the City Manager to make required emergency repairs on those facilities without competitive bidding in accordance with Sanger Code Section 2-214(d) and the Public Contract Code. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
2. S
UBJECT: Investment Advisory Services, Optimized Investment Partners, LLC.
P
ublic comment:
Unidentified audience member asked whether monies will be available in case of an emergency.
The Council by motion of Mayor Pro Tem Martinez authorized the City Manager to enter into an agreement between the City of Sanger and Optimized Investment Partners, LLC, to perform Investment Advisory Services. The motion was seconded by Council Member Melendez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
The City Council co
nvened in Joint Session with the Successor Agency to the Sanger Redevelopment Agency.
3. S UBJECT: Consider Approval of Pur chase and Sale Agreement with KYA Realty LLC.
P
ublic comment:
Unidentified audience member asked what will be done with the monies from this sale.
City Manager Nathan Olson stated the revenue will go to the general fund but nothing is currently earmarked.
16 City Council Regular Meeting Minutes
July 18, 2024
The Board by motion of Board Member Montelongo adopted Resolution No. 24-02 approving the Purchase and Sale Agreement with KYA Realty LLC regarding the 4.75 Acre Parcel located in the Sanger Kings River Technology Park for $725,000 and authorizing the Executive Director or Designee to sign the Agreement and related documents following approval by the Oversight Board and California Department of Finance. The motion was seconded by Mayor Pro Tem Martinez and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
I. C
ITY MANAGER/STAFF COMMUNICATION
None.
J. M ATTERS INITIATED BY CITY COUNCIL MEMBERS
1. S UBJECT: TABLED - Mobile Vendor Regulations. tabled RECOMMENDATION: That the City Council receive staff’s report and provide direction on Mobile Vendor Regulations.
T
he Council by motion of Council Member Hurtado tabled Agenda Item J-1 to the August 1, 2024 meeting. The motion was seconded by Council Member Montelongo and approved by the following vote:
AYES: GONZALEZ, MARTINEZ, HURTADO, MONTELONGO, MELENDEZ NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
K. ADJ
OURNMENT
Being no further business, the meeting was adjourned at 10:00 pm.
ATTEST:
Rebeca Padron, City Clerk
17 Prepared by: Derek Sylvester, Senior Planner Approved by: Nathan Olson
REVIEW: City Manager: NCO Finance: City Attorney: HCM
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION X Consent
Informational Item
X Action Item
Department Report
Public Hearing
Matter Initiated by a Council Member
Other:
Continued to:
For the Meeting of: August 1, 2024
Agenda Item No.: E-2
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Councilmembers
From: David Brletic, Community Development Director
Subject: Zoning Ordinance Text Amendment No. 2023-04, requesting a text revision to Municipal Code Sections 90-693 and 90 -733, to add “Storage buildings, mini storage facilities” to the list of conditionally permitted uses within the C -4, General Commerci al, and C -M, Commercial and Light Manufacturing, zone districts.
Attachments:
1. Ordinance No. 2024-05
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends that the City Council waive the full second reading and adopt Ordinance No. 2024-05, amending the text of Sanger Municipal Code Sections 90-693 and 90-733 to add “Storage buildings, mini storage facilities” to the list of conditionally permitted uses within the C-4, General Commercial, and C-M, Commercial and Light Manufacturing, zone districts, introduced by the City Council on July 18, 2024.
EXECUTIVE SUMMARY:
At a regular meeting of the Planning Commission held on May 23, 2024, the Planning Commission adopted Resolution 2024- 11 recommending the City Council approve Zoning Ordinance T ext Amendment No. 2023-04.
On July 18, 2024, the City Council held a public hearing for the first reading and introduced Ordinance No. 2024-05, amending the text of Sanger Municipal Code Sections 90-693 and 90-733 to add “Storage buildings, mini storage facilities” to the list of conditionally permitted uses within the C -4, General Commercial, and C-M, Commercial and Light Manufacturing, zone districts. 18 BACKGROUND:
The applicant, Apex Development and Investment Company, has applied to amend Section 90-693 and Section 90-733 of Chapter 90, Zoning Ordinance, of the Sanger Municipal Code. The proposed project, ZOA 2023-04, would add language to the aforementioned code sections to conditionally permit “Storage buildings, mini storage facilities” within the C-4, General Commercial, and C-M, Commercial and Light Manufacturing, zone districts.
Under the 2035 General Plan Land Use Map, both the C -4 and C-M zone districts are consistent with the land use designation of General Commercial. Consistent zone districts within a land use designation of the General Plan are established when it can be seen that similar impacts of the uses permitted within those districts are appropriate for the constraints surrounding the land use. When evaluating the impacts a mini storage facility would have, it is staff’s assessment that the use would be of less intensity than many of the existing uses in C-4 and C-M. Considering operations of storage facilities, constant and heavy traffic flow is not expected nor is excessive noise, odor, or waste generation.
Even though staff’s assessment is provided above regarding use intensity, individual mini storage projects proposed in the future may vary in characteristics of operation. Addition of mini storage facilities to the list of conditionally permitted uses within the C -4 and C -M zone district would require any development to submit a conditional use permit for review and consideration by the Planning Commission. This would require each project to go through the appropriate level of CEQA review to ensure those impacts are not significant or mitigated properly.
REASON FOR RECOMMENDATION:
Introduction of Ordinance 2024-05, approving Zoning Ordinance Text Amendment 2023-04, was heard and passed by the City Council on July 18, 2024.
FISCAL IMPACT:
No fiscal impact.
ALTERNATIVES:
The City Council may choose not to approve Ordinance No. 2024-05.
ACTIONS FOLLOWING APPROVAL:
If adopted, Ordinance No. 2024-05 will go into effect 30 days following adoption. 19 ORDINANCE NO. 2024-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER
APPROVING ZONING ORDINANCE TEXT AMENDMENT 202 4-02
AMENDING SECTIONS 90-40 AND 90-653 OF THE SANGER CITY CODE TO ADD DEFINITION FOR “OUTDOOR VENUE – OUTDOOR DINING
(MOBILE VENDORS), SERVING ALCOHOLIC BEVERAGES, LIVE
ENTERTAINMENT” AND ADDING THAT USE TO THE LIST OF
CONDITIONALLY PERMITTED USES WITHIN THE C -3, CENTRAL
COMMERCIAL, ZONE DISTRICT.
THE CITY COUNCIL OF THE CITY OF SANGER DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 90-40. Section 90-40 of Article I of Chapter 90 the Sanger City Code is amended to read in its entirety as follows:
Sec. 90-40. Definitions: Office, main – Parking area, private.
Office, main, shall mean the principal location of a business where correspondence is directed, primary and current records are retained, and where the majority of the business is transacted.
Office, temporary, shall mean the secondary location of a business, separate and subordinate to a main office, the use of which is incidental to the main office and limited to short and specific periods of time.
Official plan lines shall mean the same as Highway setback lines.
Outdoor advertising shall include the definitions of Advertising structure and Sign.
Outdoor venue – outdoor dining (mobile vendors), serving alcoholic beverages, live entertainment shall mean a designated area within city limits where mobile vendors, restaurants, catering services, etc. are permitted to operate, offering outdoor dining services to the public. These venues are authorized to serve alcoholic beverages in compliance with local alcohol control laws. Additionally, they may provide live entertainment, such as music or performances, to enhance the dining experience. The operation of such venues must adhere to all applicable health, safety, and zoning regulations set forth by the city.
Parking area, private, shall mean an area, other than a street, used for the parking of automobile vehicles capable of moving under their own power and restricted from general public use, but shall not include parking provided for residential uses unless such parking provides space for more than four cars.
SECTION 2. Section 90-653. Section 90-653 of Article XVIII of Chapter 90 of the Sanger City Code is amended to read in its entirety as follows:
Sec. 90-653. – Uses permitted subject to conditional use permit.
20 The following uses shall be permitted in the C-3 district subject to first securing a conditional use permit as provided in sections 90-998 through 90-1001, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-651:
(1) Amusement arcades and parlors operating more than three amusement devices. (2) Automobile rental and leasing.
(3) Automobile sales with incidental repair and service (any repair and service shall be conducted within an enclosed building), including the sale of trucks not to exceed three tons factory rating.
(4) Bus terminals.
(5) Caretaker's residence.
(6) Cleaning and dyeing shops, retail. Dry cleaning clothes allowed only in enclosed machine using nonflammable cleaning compound.
(7) Mortuaries.
(8) Pawn shops.
(9) Pool and billiard parlors.
(10) Secondhand goods sales, all goods displayed, sold and stored within an entirely enclosed building.
(11) Tattoo parlors.
(12) Thrift shops.
(13) Multiple-family residential structures and uses utilizing the development standards of the RM 2.5 zone district (sections 90-331 through 90-375) provided that any residential use in the same structure as a commercial use shall not be located on the ground floor. (14) Outdoor venue – outdoor dining (mobile vendor ), serving alcoholic beverages, live entertainment.
SECTION 3. CEQA. The City Council finds and determines that this ordinance is exempt under CEQA Guidelines 15061(b)(3), as this project is subject to the “general rule” or “common sense” exemption as it can be found with certainty that there is no possibility that the project may have significant effect on the environment. Future development projects submitting a conditional use permit application will be required to undergo environmental analysis in accordance with CEQA to evaluate project specific impacts. After analysis, the project will be mitigated or conditioned appropriately to address any found impacts.
SECTION 4. General Plan Consistency. The City Council of the City of Sanger finds and determines that the proposed zoning text amendment is consistent with the goals, objectives, and policies of the Sanger General Plan. In this regard , the City Council finds that public necessity, convenience, general welfare, or good zoning practices justify adoption of Zoning Ordinance Text Amendment 2024-02. Specifically, the change amendment of zoning text is consistent with the General Plan goals and policies, any operative plan, or adopted policy, and supports the planned land use, circulation, air quality, and environmental justice elements contemplated in the General 21 Plan. The amendment is also consistent with the purpose of the zoning ordinance to promote the growth of the City in an orderly and sustainable manner, and to promote and protect the public health, safety, peace, comfort, and general welfare.
SECTION 5. Zoning Amendment. The City Council approves Zoning Ordinance Text Amendment 2024-02 to ame nd the zoning ordinance to add “Outdoor venue – outdoor dining (mobile vendors), serving alcoholic beverages, live entertainment ” to the list of definitions and conditionally permitted uses within the C -3, Central Commercial zone district as set forth in this ordinance.
SECTION 6. Severability. Each of the provisions of this ordinance is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause, or phrase of this ordinance is for any reason held by a cou rt of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance.
SECTION 7. Publication. The City Clerk is authorized to cause this ordinance or a summary of this ordinance to be published in a news paper 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 leas t five days prior to the meeting at which the ordinance is adopted and again after the meeting at which it is adopted.
SECTION 8. Effective Date. This ordinance shall become effective thirty days after its adoption. * * * * * * * * * * * * * * * * * * * * * * * *
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Sanger held on July 18, 2024, and was passed and adopted at a regular meeting of the City Council held on August 1, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Rebeca Padron
City Clerk
Frank Gonzalez, Mayor
City of Sanger
22 Prepared by: Derek Sylvester, Senior Planner Approved by: Nathan Olson
REVIEW: City Manager: NCO Finance: City Attorney: HCM
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION X Consent
Informational Item
X Action Item
Department Report
Public Hearing
Matter Initiated by a Council Member
Other:
Continued to:
For the Meeting of: August 1, 2024
Agenda Item No.: E-3
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Councilmembers
From: David Brletic, Community Development Director
Subject: Zoning O rdinance Text Amendment No. 2024-02, requesting a text revision to Municipal Code Sections 90-40 and 90-653 to add “Outdoor venue – outdoor dining (mobile vendors), serving alcoholic beverages, live entertainment” to the list of conditionally permitted uses within the C-3, Central Commercial, zone district.
Attachments:
1. Ordinance No. 2024-06
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends that the City Council waive the full second reading and adopt Ordinance No. 2024-06, amending the text of Sanger Municipal Code Sections 90-40 and 90-653 to add “Outdoor venue – outdoor dining (mobile vendors), serving alcoholic beverages, live entertainment” to the list of conditionally permitted uses within the C-3, Central Commercial, zone district, introduced by the City Council on July 18, 2024.
EXECUTIVE SUMMARY:
The City Council adopted Resolution No. 2024- 25 on May 16, 2024, directing staff to initiate the amendments to the Zoning Ordinance. At a regular meeting of the Planning Commission held on June 27, 2024, the Planning Commission adopted Resolution 2024-14 recommending the City Council approve Zoning Ordinance Text Amendment No. 2024-02.
On July 18, 2024, the City Council held a public hearing for the first reading and introduced Ordinance No. 2024-06, amending the text of Sanger Municipal Code Sections 90- 40 and 90-653 to add “Outdoor venue – outdoor dining (mobile vendors), serving alcoholic beverages, live entertainment” to the list of 23 conditionally permitted uses within the C-3, Central Commercial, zone district.
BACKGROUND:
The City proposes to amend Section 90- 40 (Definitions) and Section 90- 653 (Uses permitted subject to conditional use permit) of Chapter 90, Zoning Ordinance, of the Sanger Municipal Code. The proposed text amendment would add “Outdoor venue – outdoor dining (mobile vendors), serving alcoholic beverages, live entertainment” to the list of definitions and list of conditionally permitted uses within the C-3 (Central Commercial) zone district.
Within the C -3 zone district, all uses of the C -2, Community Commercial, and C -1, Ne ighborhood Commercial, are permitted. This includes similar uses such as amusement arcades, exhibit halls, and carnivals. These uses have similar impacts such as noise and attract large numbers of people. The uses within the C-3 zone district are a variety of retail, entertainment, service, and office uses.
Addition of an outdoor venue use to the district could potentially attract customers to existing businesses during the duration of an event. This supports the goals, objectives, and action plan found in the Land Use Element of the City’s General Plan.
Individual projects proposed in the future may vary in characteristics of operation. Addition of outdoor venues to the list of conditionally permitted uses within the C-3 zone district would require any development to submit a conditional use permit for review and consideration by the Planning Commission. This allows the specific project to be evaluated for its impacts on surrounding properties and area and be conditioned accordingly. This also would require each project to go through the appropriate level of CEQA review to ensure those impacts are not significant or mitigated properly.
REASON FOR RECOMMENDATION:
Introduction of Ordinance No. 2024-06, approving Zoning Ordinance Text Amendment 2024-02, wa s heard and passed by the City Council on July 18, 2024.
FISCAL IMPACT:
No fiscal impact.
ALTERNATIVES:
The City Council may choose not to approve Ordinance No. 2024-06.
ACTIONS FOLLOWING APPROVAL:
If adopted, Ordinance No. 2024-06 will go into effect 30 days following adoption. 24 ORDINANCE NO. 2024-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER
APPROVING ZONING ORDINANCE TEXT AMENDMENT 202 4-02
AMENDING SECTIONS 90-40 AND 90-653 OF THE SANGER CITY CODE TO ADD DEFINITION FOR “OUTDOOR VENUE – OUTDOOR DINING
(MOBILE VENDORS), SERVING ALCOHOLIC BEVERAGES, LIVE
ENTERTAINMENT” AND ADDING THAT USE TO THE LIST OF
CONDITIONALLY PERMITTED USES WITHIN THE C -3, CENTRAL
COMMERCIAL, ZONE DISTRICT.
THE CITY COUNCIL OF THE CITY OF SANGER DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 90-40. Section 90-40 of Article I of Chapter 90 the Sanger City Code is amended to read in its entirety as follows:
Sec. 90-40. Definitions: Office, main – Parking area, private.
Office, main, shall mean the principal location of a business where correspondence is directed, primary and current records are retained, and where the majority of the business is transacted.
Office, temporary, shall mean the secondary location of a business, separate and subordinate to a main office, the use of which is incidental to the main office and limited to short and specific periods of time.
Official plan lines shall mean the same as Highway setback lines.
Outdoor advertising shall include the definitions of Advertising structure and Sign.
Outdoor venue – outdoor dining (mobile vendors), serving alcoholic beverages, live entertainment shall mean a designated area within city limits where mobile vendors, restaurants, catering services, etc. are permitted to operate, offering outdoor dining services to the public. These venues are authorized to serve alcoholic beverages in compliance with local alcohol control laws. Additionally, they may provide live entertainment, such as music or performances, to enhance the dining experience. The operation of such venues must adhere to all applicable health, safety, and zoning regulations set forth by the city.
Parking area, private, shall mean an area, other than a street, used for the parking of automobile vehicles capable of moving under their own power and restricted from general public use, but shall not include parking provided for residential uses unless such parking provides space for more than four cars.
SECTION 2. Section 90-653. Section 90-653 of Article XVIII of Chapter 90 of the Sanger City Code is amended to read in its entirety as follows:
Sec. 90-653. – Uses permitted subject to conditional use permit.
25 The following uses shall be permitted in the C-3 district subject to first securing a conditional use permit as provided in sections 90-998 through 90-1001, plus such other uses as the commission may determine to be similar in nature and consistent with the intent of the district as specified in section 90-651:
(1) Amusement arcades and parlors operating more than three amusement devices. (2) Automobile rental and leasing.
(3) Automobile sales with incidental repair and service (any repair and service shall be conducted within an enclosed building), including the sale of trucks not to exceed three tons factory rating.
(4) Bus terminals.
(5) Caretaker's residence.
(6) Cleaning and dyeing shops, retail. Dry cleaning clothes allowed only in enclosed machine using nonflammable cleaning compound.
(7) Mortuaries.
(8) Pawn shops.
(9) Pool and billiard parlors.
(10) Secondhand goods sales, all goods displayed, sold and stored within an entirely enclosed building.
(11) Tattoo parlors.
(12) Thrift shops.
(13) Multiple-family residential structures and uses utilizing the development standards of the RM 2.5 zone district (sections 90-331 through 90-375) provided that any residential use in the same structure as a commercial use shall not be located on the ground floor. (14) Outdoor venue – outdoor dining (mobile vendor ), serving alcoholic beverages, live entertainment.
SECTION 3. CEQA. The City Council finds and determines that this ordinance is exempt under CEQA Guidelines 15061(b)(3), as this project is subject to the “general rule” or “common sense” exemption as it can be found with certainty that there is no possibility that the project may have significant effect on the environment. Future development projects submitting a conditional use permit application will be required to undergo environmental analysis in accordance with CEQA to evaluate project specific impacts. After analysis, the project will be mitigated or conditioned appropriately to address any found impacts.
SECTION 4. General Plan Consistency. The City Council of the City of Sanger finds and determines that the proposed zoning text amendment is consistent with the goals, objectives, and policies of the Sanger General Plan. In this regard , the City Council finds that public necessity, convenience, general welfare, or good zoning practices justify adoption of Zoning Ordinance Text Amendment 2024-02. Specifically, the change amendment of zoning text is consistent with the General Plan goals and policies, any operative plan, or adopted policy, and supports the planned land use, circulation, air quality, and environmental justice elements contemplated in the General 26 Plan. The amendment is also consistent with the purpose of the zoning ordinance to promote the growth of the City in an orderly and sustainable manner, and to promote and protect the public health, safety, peace, comfort, and general welfare.
SECTION 5. Zoning Amendment. The City Council approves Zoning Ordinance Text Amendment 2024-02 to ame nd the zoning ordinance to add “Outdoor venue – outdoor dining (mobile vendors), serving alcoholic beverages, live entertainment ” to the list of definitions and conditionally permitted uses within the C -3, Central Commercial zone district as set forth in this ordinance.
SECTION 6. Severability. Each of the provisions of this ordinance is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause, or phrase of this ordinance is for any reason held by a cou rt of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance.
SECTION 7. Publication. The City Clerk is authorized to cause this ordinance or a summary of this ordinance to be published in a news paper 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 leas t five days prior to the meeting at which the ordinance is adopted and again after the meeting at which it is adopted.
SECTION 8. Effective Date. This ordinance shall become effective thirty days after its adoption. * * * * * * * * * * * * * * * * * * * * * * * *
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Sanger held on July 18, 2024, and was passed and adopted at a regular meeting of the City Council held on August 1, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Rebeca Padron
City Clerk
Frank Gonzalez, Mayor
City of Sanger
27 Prepared by: Joshua Rogers___ Approved by: __Nathan Olson_________________
REVIEW: City Manager: _NCO_____ Finance: _______ City Attorney: ___HCM___ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION _X_ Consent
____ Info Item
_X__ Action Item
____ Department Report
____ Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: August 1, 2024
Agenda Item No.: E-4
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and City Council
From: Joshua Rogers, City Engineer
Subject: Final Acceptance for Bethel and Annadale Traffic Signal Improvements
Attachments:
1. Notice of Completion
2. Contract Change Order No. 1
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
Staff recommends that the City Council:
1. Accept the work for the Bethel and Annadale Traffic Sig nal Improvements Project in the amount of $81,900.00; and
2. Authorize recordation of the Notice of Completion with the Fresno County Recorder; and
3. Authorize payment of 5% retention in the amount of $4,095.00 to St. Francis Electric, LLC upon expiration of the 35-day lien period.
EXECUTIVE SUMMARY:
The contractor, St. Francis Electric, LLC., has completed all improvements for the subject project. All work was completed in accordance with the plans, specifications , and contract documents , and performed to the satisfaction of the City Engineer.
BACK
GROUND:
This project consisted of minor work at the Bethel and Annadale Traffic signal to meet current standards and conform to the Traffic Signal Maintenance Agreement between the City of Sanger and 28 the City of Fresno. The work was primarily related to minor adjustments to electric pull boxes and detector loop placements, but also include d the removal of the existing advance warning beacon for northbound traffic, located just north of Almond Avenue.
There was one contract change order approved for the project which was a no-cost change to eliminate minor traffic markings from the scope of work.
REASON FOR RECOMMENDATION:
The project construction work has been completed by the Contractor to the satis faction of the City Engineer.
FISCAL IMPACT:
The final construction contract cost is $81,900. Total construction phase costs , including construction management, inspection and material testing, were approximately $93,650. The project was funded from local Transportation Development Act (TDA) funds.
ACTIONS FOLLOWING APPROVAL:
1. The Notice of Completion will be recorded.
2. The 5% retention, in the amount of $4,095.00, will be released no later than 35 calendar days following recordation of the Notice of Completion, provided no liens have been filed. 29 ATTACHMENT 1
30 RECORDING REQUESTED BY AND MAIL TO:
NAME: CITY CLERK, CITY OF SANGER
STREET: 1700 7TH STREET
CITY & STATE: SANGER, CA 93657
Exempt from fee per Government Code 6103
Exempt from fee per Government Code 27383
NOTICE OF COMPLETION
1. The City of Sanger, a municipal corporation, 1700 7th Street, Sanger, California, is the OWNER of the property hereinafter described.
2. The name of the Contractor who caused the work of improvement to be done is St.
Francis Electric, LLC.
3. The property on which the work of improvements was accepted is located at the intersection of Bethel and Annadale Avenues in Sanger, CA.
4. The work for the Bethel and Annadale Traffic Signal Improvements Project included minor adjustments to electric pull boxes and detector loop placements, as well as the removal of an existing advance warning beacon.
5. The work of improvements as described herein was completed by the Contractor on June 1, 2024 and accepted by Sanger City Council on August 1, 2024.
6. The Security for the Labor and Material Bond is issued by Everest National Insurance Company of New York, NY.
CITY OF SANGER, a municipal corporation
________________________________
Joshua D. Rogers, City Engineer
I, the undersigned say; I am the person who signed the signed notice. I have read the above notice and know its contents, and the facts stated therein are true by my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at Sanger, California, this 1st day of August, 2024.
Joshua D. Rogers, City Engineer
31 ATTACHMENT 2
32 33
Prepared by: K. Camarena Approved by: Michelle Speer
REVIEW: City Manager: ______ Finance: _______ City Attorney: ______ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION X Consent
Info Item
X Action Item
Department Report
Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: August 01, 2024
Agenda Item No.: E-5
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Council Members
From: Michelle Speer, Assistant City Manager- Administrative Services Director Subject: TRANSPORTATION DEVELOPMENT ACT (TDA) CLAIM Attachments:
( 1) Claim for Fiscal Year (FY) 2023-2024 [For Action]
(2) Draft Claim Letter FY 2023-2024 [For Reference]
(3) FCRTA Budget Summary FY 2023-2024 [For Reference]
(4) LTF Final Estimate FY 2023-2024 [For Reference]
(5) STA Final Estimate FY 2023-2024 [For Reference]
(6) Resolution 4417 TDA Funds [For Reference]
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council accept the Funding Claim for Local Transportation Funds (TDA) and State Transit Assistance Funds (STAF) apportionment and authorize the ACM - Administrative Services Director to sign and submit the Fiscal Year 2023-2024 Transportation Funding Claim.
EXECUTIVE SUMMARY:
BACKGROUND:
The Local Transportation Fund collects and distributes 1/4 of 1¢ of the State Sales Tax collected pursuant to the Transportation Development Act of 1971. The City of Sanger's allocation amounts to $953,181.00 for Article VIII and $ 29,506.00 for Article III. Other agencies receive $ 806,617.00 of Sanger's total allocation of $1,789,304. The City previously adopted a resolution which requested that the TDA and the STAF allocate these TDA and STAF funds to the Fresno Council of Governments (COG) and that COG allocates these funds to the city for transportation needs. This is an on-going resolution. 34 The total transportation funds allocated to the City of Sanger are distributed as follows:
1. Bicycle & Pedestrian (Art. 3) $ 29,506
2. Regional Transportation Planning 41,205*
3. Streets & Roads (Art. 8) 953,181
4. Fresno County Rural Transit Agency (STA) 313,802*
5. Fresno County Rural Transit Agency (LTF) 379,130*
6. Community Transit Service Agency (Art 4.5) 71,480*
TOTAL CLAIM $ 1,789,304
TOTAL AMOUNT TO CITY $ 982,687
*TOTAL AMOUNT TO OTHER AGENCIES $ 806,617
TOTAL CLAIM $ 1,789,304
REASON FOR RECOMMENDATION:
For the City of Sanger to receive the allocation of Local Transportation Funds and State Transit Assistance Funds and the claims be filed with the Council of Fresno County Governments.
FISCAL IMPACT:
The City of Sanger will receive monthly payments from the Council of Fresno County Governments for the following allocations:
Article 8 $953,181.00 for development, construction, and maintenance of streets.
Article 3 $29,506.00 for bicycle and pedestrian facilities.
ALTERNATIVES:
None presented at this time.
ACTIONS FOLLOWING APPROVAL:
Staff will submit the Fiscal Year 20 23-2024 Transportation Funding Claim to Fresno Council of Governments.
35 Enter Date: 6t24t2024 Glaimant Name
TRANSPORTATION FUNDING CLAIM FOR FISGAL YEAR: 2023124
lnstructions: Please note that each page of this claim is a separate worksheet, please click through all tabs and complete. Also note that light yellow fields require an entry if applicable, light grey fields contain formulas that will automatically calculate based on corresponding entries. A date and claimant name field is at the top of the first page, and automatically repeats on following pages, (date should be formatted 00/00/0000) When completed, please print, sign and send signed originalvia mailto:
Les Beshearc, Director of Finance, Fresno Council of Governments, 2035 Tulare Street, Suite 201, Fresno, CA93721
From: Applicant:
Address:
City/State/Zip:
Contact Phone/email:
City of Sanger
17OO 7th street
Sanqer, CA 93657
559-876-6300 Ext. 1160
This applicant is an eligible claimant pursuant to Secflbn 99203 of the Public Utilities Code and certifies that the following transpoftation funds are available to be claimed:
Local Trans on Fund
Apportionment:
Unexpended, Held by Glaimant:
Other Agency:
State Transit Assistance Fund
anqer
$ 1,475,502.00
$
761.00
Estimate:
Unexpended, Held in Trust:
Other
Other:
TOTAL
spel, out total amount in above cell
for the purposes and respective amounts specified in the attached claim be drawn from the Local Transportation Fund and State Transit Assistance Fund.
Please rint and si n after c letin form
Authorized Signature:
Name/Title:
Date:
Fresno Council
of Covernments
2035 Tulare St., Ste.201 tel 559-233-4148
Fresno, California 93721 fax 559'233-9645
uf{l,,.p IwJUl AuaL(- Michelle Speer, Assi$tant Gity Manaqer- ASD 6t24t2024
www. f resnocog. org
36 W:WlibtL:WtEnter Date: Glaimant Name:
TRANSPORTATION FUNDING CLAIM DETAIL FOR FISCAL YEAR: 2023124 [-rl [ ]riir :l-6 ; ffi iEl:ffi,,iH#
PURPOSE AMOUNT SUBTOTAL
1. Bicycle & Pedestrian Facilities:
Article 3:
Article 8a:
Audit Exceptions (General Fund Payback);
Unexpended Funds, Held by Claimant:
2. Regional Transportation Planning
3. Public Transportation State Transit Assistance Funds (STA):
Other:
4. Community Transit Service CTSA, Article 4.5:
5. Streets & Roads: Article 8a:
Unexpended Funds, Held by Claimant:
6. To Be Glaimed By:
Fresno County Rural Transit Agency LTF:
Fresno County Rural Transit Agency STA:
7. Reserve in Fund Pending Further Claiming
GRAND TOTAL
Claim Total Must Agree With Total on First Page
Minus Non Transit Glaims
GRAND TOTAL PAYABLE TO CLAIMANT
Allocation instructions and payment by the Fresno County Auditor-Controller to the applicant is subject to such monies being available for distibution, and to the provisions that such monies will be used only in accordance with the rules and regulations of the Transpoftation Development Act.
$ 29,506.00
$
$ 72,480.00
$ 953,181 .00
$ 379,130.00
$ 313,802.00
$
37 Enter Date: Claimant Name:
BICYCLE AND PEDESTRIAN FACILITIES FOR FISCAL YEAR: 2023124 Two percent (2%) of the claimant's Local Transportation Fund apportionment must be spent on bicycle and pedestrian facilities (PUC 99233.3 and 99234); such claims are to be filed as Article 3. Claims for projects in excess of 2o/o may be filed as Article Ba (PUC 99a00(a)). lf other funding is to be used with Local Transportation Funds to implement projects, such funding should be shown on the claim form.
PROJECT TITLE & BRIEF DESCRIPTION PROJEGT COST
ffi
1. Various Bicycle & Pedestrian Facilities throughout the claimant's jurisdiction:
AND/OR:
$ 29,506.00
Other - describe briefly if applicable: $
Other - describe briefly if applicable: $
Other - describe briefly if applicable: $
$ 29.506"00TOTAL PROJECT COSTS
STREETS AND ROADS CLAIM FOR FISCAL YEAR: 2023124
Local Transportation Funds coming to claimants within Fresno County may be used for streets and roads improvements and maintenance pursuant to Article 8 (PUC 99400), but only after Fresno COG makes a finding that public transportation needs within the claimant's jurisdiction are reasonably met by satisfuing the service requirements set forth by the Regional Transportation Plan (PUC 99401.5).
N PROJECT COSTP
1. Development, Gonstruction & Maintenance Facilities throughout the claimant's jurisdiction: $ 953,181 .00
AND/OR: $
Other - describe briefly if applicable: $
Other - describe briefly if applicable: $
Other - describe briefly if applicable: $
$ 953.1E1.00TOTAL PROJECT COSTS
38 ffi.ffiil.}:,t,lf{rtfil Glaimant Name
CONT| NGENCY PROJECT LlSTlNc FOR FISCAL YEAR: 2023l,24
CHECK ALL THAT APPLY (Enter "X" in yellow box)
BICYCLE AND PEDESTRIAN FACILITIES
Enter Date:
Article 3
Authorized
Signature:
Name/Title:
Date:
PUBLIC TRANSPORTATION
E Articte 4
t/Y'tro\np\.Io t Dnur
Ma
6t24t2024
STREETS & ROADS
Afticle 8a
x
x
STANDARD ASSURANGES FOR CLAIMANTS
CLAIMANT ASSURATVCES: (initial yellow box all that apply) A. Claimant certifies that it has submitted a satisfactory, independent fiscal audit, with required certification statement, to the RTPA and to the State Controller, pursuant to PUC 99245 and 21 CaL Code of Regulations Section 6664 for the prior fiscal year (project year minus two). Claimant assures that this audit requirement will be completed for the current fiscal year (project year minus one).
B. Claimant certifies that it has submitted a State Controller Report to the RTPA and to the State Controller, pursuant to PUC 99243.
The undercigned hereby certifies that the above statements are true and correct.
Please print and sign after completing form
I jii;,'sif ;.i!{:ili:r,,{,1,S$1*i$?,+_jg*ffi
x x
39 May 11, 2023
SUBJECT: 2023/24 Transportation Development Act (TDA) Claim
Please find attached to the email sent to you the following information and forms:
(1) Electronic Forms for the 2023/24 Transportation Development Act (TDA) claim. A “Penciled in” draft claim is included to facilitate your claim.
(2) A copy of the 2023/24 Local Transportation Fund (LTF) estimates and the Final STA estimates per the State Controller’s methodology that are scheduled to be adopted by the FCOG Board on May 25, 2023.
(3) A summary of Fresno County Rural Transit Agency’s 2023/24 budget.
A copy of the Transportation Development Act Rules and Regulations manual can be viewed online at https://dot.ca.gov/-/media/dot-media/programs/rail-mass-transportation/documents/f0009844-tda-07- 2018-a11y.pdf.
Special Instructions:
Prepare the Claim in accordance with your budget. Adopt the claim by Resolution (same as last year) and return the claim and resolution to Fresno COG. Or if you have a continuing resolution, return the claim with a copy of your continuing resolution.
Timing:
Claims submitted to the Fresno COG Board for adoption must go through the Transportation Technical Committee, the Policy Advisory Committee, and Fresno COG Policy Board. This usually means that our Board will adopt your claim the month after we receive it providing that we receive it in time to make the TTC agenda mail out on the last Wednesday of the month.
The Process:
(1) The Fresno COG Board adopts the annual estimated fund apportionment for LTF. (2) Member Agencies reserve their annual portion of the fund:
a. A Claim is prepared in accordance with the agencies’ annual operating budget. b. The Claim is adopted by Resolution of the Local Agency Board. c. The Claim is adopted by Resolution of the Fresno COG Board. (3) LTF sales tax receipts are deposited monthly in the County Trust Fund, from the State Board of Equalization. Fresno COG sends allocation instructions to the County of Fresno Auditor Controller each quarter to issue checks to agencies based on the availability of sales tax, the unpaid Claim balance, and the priority of the Claim.
a. Transit is paid first.
b. Bicycle and Pedestrian Facilities are paid second.
c. Streets and Roads are paid last.
(4) At year end the total tax receipts are compared to the original apportionment estimate. Shortfalls are deducted from the unpaid Article 8 Streets and Roads Claim balance pro rata. A surplus may be claimed as Article 3 Bike and Pedestrian, Article 4 Transit or Article 8 Streets and Roads and is paid out in the first quarter of the following fiscal year. A year-end report will be sent to each agency detailing the allocations paid during the year and the unpaid Claim balance. The allocation detail will 40 facilitate agency year end close out and audit. The unpaid Claim balance should become a receivable from Fresno COG on the agency financial statements.
Eligibility and Compliance:
Article 4 – Transit
Detailed rules for eligibility and compliance for expenditure of Article 4 – Transit funds can be found in the Transportation Development Act Statutes and California Code of Regulations. Generally, any legitimate Transit operating or capital expense is eligible as long as the Section 6667 compliance requirements are followed.
Article 3 – Bicycle and Pedestrian Facilities
Eligibility and compliance for expenditure of Article 3 funds are detailed in the Transportation Development Act Statutes and California Code of Regulations Section 99234.
Article 8a – Streets and Roads
The Fresno COG Board adopted the State Controller’s Office “Guidelines relating to Gas Tax Expenditure” as the criteria for determining eligibility of Article 8a. Generally, funds are eligible to be spent for any street related repair, maintenance, or construction. A copy of the Guidelines can be downloaded at https://sco.ca.gov/Files-AUD/gas_tax_guidelines31219.pdf .
An audit of TDA funds expended by Article is required each year by Section 6664. Generally, Fresno COG contracts with one firm to provide a combined audit report of all non-transit funds expended by entity.
Various transit providers have the Transit Compliance Report done as part of their annual audit. The reports are due to the State Controller’s Office within 180 days after the last day of the fiscal year. Fresno COG has statutory authority to extend the deadline no more than 90 days. Agencies with delinquent audit reports are ineligible to received TDA allocations until the delinquency is resolved. The initial cost of the non-transit audits is funded by Fresno COG administrative fees. Additional audit fees incurred to resolve audit findings or to provide Transit Compliance reports are charged against the agency’s Article 4 & 8 apportionment the following year. In the interest of facilitating audit requirements, the Fresno County Transportation Authority has requested that we expand the TDA audits to include Measure “C” compliance. Public Transportation Modernization, Improvement, and Service Enhancement (PTMISEA) sent to Transit Operators from the State Controller’s Office and SB1 State of Good Repair funds allocated by FCOG will also be subject to the audit.
If you have any questions concerning the claim or the process, please call me at 233-4148.
Sincerely,
Les Beshears Tony Boren
Les Beshears, Finance Director Tony Boren, Executive Director Fresno Council of Governments Fresno Council of Governments
Cc: Clovis, Coalinga, Firebaugh, Fowler, Fresno, Huron, Kerman, Kingsburg, Mendota, Orange Cove, Parlier, Reedley, Sanger, San Joaquin, Selma, Fresno County, FCRTA 41 FRESNO COUNTY RURAL TRANSIT AGENCY
FRESNO COUNTY RURAL TRANSIT AGENCY| Proposed Budget
------------------------------------------------------------- - + ------------------------- | 2023/24
| -------------------------
| LINE
DRAFT BUDGET | ITEM
=================================== == ============== ========== ========= ========= ========= =========== ========= ============= ========= ========= ========= ============ ========= ======================= =========== ========= ========== ======== ========= ========= ========== ============ REVENUES COALINGA FIREBAUGH FOWLER HURON KERMAN KINGSBURG MENDOTA ORANGE COVE PARLIER REEDLEY SANGER SAN JOAQUIN SELMA RURAL RURAL SOCIAL SERVICESSOUTHEAST AUBERRY WESTSIDE LATON KRC Del Rey FCRTA TOTAL ------------------------------------------------------------- - - ------------------------- ------------------ ---------------- ---------------- ---------------- ------------------- ---------------- ----------------------- ---------------- ---------------- ---------------- --------------------- ---------------- ----------------------------------------- -------------------- ---------------- ----------------- --------------- ---------------- ---------------- ------------------ --------------------- [PAST CARRYOVER/(SHORTFALL)] |
1 FCRTA SYSTEM | $27,895 $190,078 $194,746 ($84,708) $187,045 $128,969 $68,725 ($87,261) $111,114 $227,053 $70,094 $113,195 $255,167 $209,166 $0 ($377,388) $0 ($278,922) $0 $17,722 $0 $1,950,276 $2,922,966 2 Fresno County | $39,144 $8,023 $13,583 ($51) $5,032 $4,429 $498 ($34,188) $1,899 $6,157 $2,512 $139,359 $25,668 $0 $0 ($10,034) $86,677 ($27,552) ($7,963) $0 ($16,423) $0 $236,770 TOTAL CARRYOVER | $67,039 $198,101 $208,329 ($84,759) $192,077 $133,398 $69,223 ($121,449) $113,013 $233,210 $72,606 $252,554 $280,835 $209,166 $0 ($387,422) $86,677 ($306,474) ($7,963) $17,722 ($16,423) $1,950,276 $3,159,736 [FARE RECEIPTS (002/)] | $0
401 Farebox | $0
1 Intra-City | $3,500 $5,768 $1,000 $8,000 $8,000 $4,500 $9,500 $8,000 $4,500 $18,000 $10,000 $5,000 $10,000 $0 $0 $0 $350 $0 $0 $0 $0 $0 $96,118 3 Inter-City | $15,000 $3,500 $0 $8,000 $0 $0 $0 $20,000 $0 $0 $3,000 $0 $0 $2,000 $0 $12,585 $500 $25,000 $0 $8,000 $5,000 $0 $102,585 2 Local Fare Augmentation | $3,541 $3,541 $2,125 $3,541 $4,250 $7,790 $4,250 $7,790 $3,541 $9,207 $14,835 $4,250 $11,331 $0 $859,345 $4,957 $7,082 $4,957 $0 $0 $13,012 $0 $969,345 4 Common Carrier | $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 402/2 Spec. Fare - Measure "C" | $37,072 $25,692 $14,631 $30,150 $17,280 $32,536 $14,313 $10,334 $17,114 $40,954 $51,814 $13,321 $50,772 $20,212 $0 $3,182 $16,017 $0 $7,215 $9,512 $0 $0 $412,121 TOTAL FAREBOX RECEIPTS | $59,113 $38,501 $17,756 $49,691 $29,530 $44,826 $28,063 $46,124 $25,155 $68,161 $79,649 $22,571 $72,103 $22,212 $859,345 $20,724 $23,949 $29,957 $7,215 $17,512 $18,012 $0 $1,580,169 404 Freight | $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 405 Other | $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL FARE RECEIPTS | $59,113 $38,501 $17,756 $49,691 $29,530 $44,826 $28,063 $46,124 $25,155 $68,161 $79,649 $22,571 $72,103 $22,212 $859,345 $20,724 $23,949 $29,957 $7,215 $17,512 $18,012 $0 $1,580,169 |
[OPERATING REVENUE (003/)] |
407 Interest |
1 LTF | $3,000 $1,000 $500 $2,000 $1,000 $1,000 $1,000 $1,000 $1,000 $2,000 $2,000 $800 $2,000 $1,000 $0 $500 $800 $600 $100 $400 $400 $212,011 $234,111 409 LTF and/or STA Fund Revenues | $0 $0
1 FCRTA SYSTEM | $215,619 $98,838 $0 $176,666 $96,153 $128,084 $116,079 $327,140 $132,378 $427,280 $685,181 $0 $389,718 $0 $0 $574,813 $0 $475,376 $0 $0 $0 $153,918 $3,997,243 2 Fresno County | $302,571 $4,172 $0 $106 $2,588 $4,399 $842 $128,170 $2,262 $11,586 $24,557 $0 $39,204 $0 $0 $15,283 $146,217 $46,958 $80,005 $156,989 $160,442 $0 $1,126,350 3 CTSA-Article 4.5 | $2,897 $2,897 $1,739 $2,897 $3,477 $6,374 $3,477 $6,374 $2,897 $7,533 $12,138 $3,477 $9,271 $0 $703,100 $4,056 $5,794 $4,056 $0 $0 $10,646 $0 $793,100 409/5 Measure "C" | $0 $80,000 $0 $400,000 $0 $175,000 $90,000 $120,000 $0 $0 $0 $0 $0 $50,000 $0 $0 $0 $0 $0 $0 $0 $117,000 $1,032,000 TOTAL OPER. REVENUES | $524,087 $186,907 $2,239 $581,669 $103,218 $314,857 $211,398 $582,684 $138,537 $448,399 $723,876 $4,277 $440,193 $51,000 $703,100 $594,652 $152,811 $526,990 $80,105 $157,389 $171,488 $482,929 $7,182,804 | $0
[STATE/FEDERAL GRANT REVENUE (005/)] | $0
413 FTA | $0
1 Regional - Section 18 | $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,298,896 $2,298,896 2 Section 5317 | $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 4 CARES Act | $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,145,872 $1,145,872 5 Other Grant | $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $813,060 $813,060 TOTAL STATE & FEDERAL GRANTS | $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $4,257,828 $4,257,828 | $0
[REVENUE SUMMARY] | $0
1. Carryover | $67,039 $198,101 $208,329 ($84,759) $192,077 $133,398 $69,223 ($121,449) $113,013 $233,210 $72,606 $252,554 $280,835 $209,166 $0 ($387,422) $86,677 ($306,474) ($7,963) $17,722 ($16,423) $1,950,276 $3,159,736
2. Current Revenue | $583,200 $225,408 $19,995 $631,360 $132,748 $359,683 $239,461 $628,808 $163,692 $516,560 $803,525 $26,848 $512,296 $73,212 $1,562,445 $615,376 $176,760 $556,947 $87,320 $174,901 $189,500 $4,740,757 $13,020,801 ------------------------------------------------------------- - + ------------------------- ------------------ ---------------- ---------------- ---------------- ------------------- ---------------- ----------------------- ---------------- ---------------- ---------------- --------------------- ---------------- ---------------- ----------------------- -------------------- ---------------- ----------------- --------------- ---------------- ---------------- ------------------ --------------------- ****** TOTAL REVENUES ***** | $650,239 $423,509 $228,324 $546,601 $324,825 $493,081 $308,684 $507,359 $276,705 $749,770 $876,131 $279,402 $793,131 $282,378 $1,562,445 $227,954 $263,437 $250,473 $79,357 $192,623 $173,077 $6,691,033 $16,180,537 =================================== =+ ============== ========== ========= ========= ========= =========== ========= ============= ========= ========= ========= ============ ========= ======================= =========== ========= ========== ======== ========= ========= ========== ============ FAREBOX RETURN: 10.0% 10.00% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 55.0% 10.0% 10.0% 13.2% 10.0% 10.0% 11.4% 0.0% 16.4% 42 2023-24
COUNCIL OF FRESNO COUNTY GOVERNMENTS
LOCAL TRANSPORTATION FUND
APPORTIONMENT TO MEMBER AGENCIES
Final Estimate
2023-24 Estimate per Fresno County Auditor Controller $57,000,000 Less Administration 131,846
Gross Amount Available for Allocation 56,868,154
ART. 3 SHARE
DOF GROSS BIC. & TOWARD NET FOR ADD TO NET
POPULATION AMOUNT PED.FAC. ART. 4.5 RTP ARTICLES CTSAs ART.4, MEMBER 01/01/23 PERCENT AVAILABLE (2%) (5%) (3%) 4 & 8 ART. 4.5 4.5 & 8
Clovis 124,523 12.31% 6,998,603 140,018 340,756 195,535 6,322,294 357,867 6,680,161 Coalinga 17,237 1.70% 969,214 19,382 47,606 27,067 875,159 875,159 Firebaugh 8,495 0.84% 477,453 9,552 23,253 13,339 431,309 431,309 Fowler 7,168 0.71% 402,434 8,060 19,184 11,256 363,934 363,934 Fresno City 543,428 53.73% 30,553,398 611,047 1,498,045 853,330 27,590,977 27,590,977 Huron 6,124 0.61% 344,431 6,886 17,001 9,616 310,928 310,928 Kerman 16,955 1.68% 952,378 19,065 45,848 26,624 860,841 860,841 Kingsburg 12,865 1.27% 722,311 14,466 34,460 20,202 653,183 653,183 Mendota 12,463 1.23% 700,635 14,014 34,278 19,570 632,773 632,773 Orange Cove 9,463 0.94% 532,125 10,641 26,169 14,859 480,456 480,456 Parlier 14,402 1.42% 809,975 16,194 39,946 22,615 731,220 731,220 Reedley 25,381 2.51% 1,425,878 28,539 68,837 39,855 1,288,647 1,288,647 Sanger 26,241 2.59% 1,475,502 29,506 72,480 41,205 1,332,311 1,332,311 San Joaquin 3,608 0.36% 202,936 4,057 10,027 5,666 183,186 183,186 Selma 24,300 2.40% 1,366,814 27,324 67,570 38,158 1,233,762 1,233,762 Fresno Co. 158,846 15.70% 8,934,067 178,612 441,080 249,431 8,064,944 8,064,944 FCRTA 793,100 793,100
FAX 1,635,573 1,635,573
TOTALS 1,011,499 100% 56,868,154 1,137,363 2,786,540 1,588,328 51,355,924 2,786,540 54,142,464
56,868,154 1,137,363 2,786,540 1,588,328 51,355,924 **
05/01/2023
43 PUC 99313 POPULATION 12,066,648
PUC 99314 OPERATOR 2,186,351
2023-24 Fund Estimate Per State Controller Methodology 14,252,999 This estimate is subject to change during the fiscal year.
DOF GROSS NET FOR NET FOR
POPULATION AMOUNT 99314 99313
MEMBER 01/01/23 PERCENT AVAILABLE OPERATOR POPULATION
Clovis 124,523 12.31% 1,630,803 145,309 1,485,494
Coalinga 17,237 1.70% 205,628 205,628
Firebaugh 8,495 0.84% 101,341 101,341
Fowler 7,168 0.71% 85,510 85,510
Fresno City 543,428 53.73% 8,369,932 1,887,124 6,482,808 Huron 6,124 0.61% 73,056 73,056
Kerman 16,955 1.68% 202,264 202,264
Kingsburg 12,865 1.27% 153,473 153,473
Mendota 12,463 1.23% 148,677 148,677
Orange Cove 9,463 0.94% 112,889 112,889
Parlier 14,402 1.42% 171,808 171,808
Reedley 25,381 2.51% 302,782 302,782
Sanger 26,241 2.59% 313,041 313,041
San Joaquin 3,608 0.36% 43,042 43,042
Selma 24,300 2.40% 289,886 289,886
Fresno Co. 158,846 15.70% 1,894,949 1,894,949
FCRTA 153,918 153,918
FCEOC
TOTALS 1,011,499 100.0% 14,252,999 2,186,351 12,066,648
14,252,999 2,186,351 12,066,648
05/01/23
2023-24
FRESNO COUNCIL OF GOVERNMENTS
STATE TRANSIT ASSISTANCE FUND
APPORTIONMENT TO MEMBER AGENCIES
Final Estimate
44 45
46 Prepared by: K. Camarena Approved by: Michelle Speer
REVIEW: City Manager: ______ Finance: _______ City Attorney: ______ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION X Consent
Info Item
X Action Item
Department Report
Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: August 01, 2024
Agenda Item No.: E-6
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Council Members
From: Michelle Speer, Assistant City Manager - Administrative Services Director Subject: TRANSPORTATION DEVELOPMENT ACT (TDA) CLAIM Attachments:
( 1) Claim for Fiscal Year (FY) 2024-2025 [For Action]
(2) Draft Claim Letter FY 2024-2025 [For Reference]
(3) FCRTA Budget Summary FY 2024-2025 [For Reference]
(4) LTF Final Estimate FY 2024-2025 [For Reference]
(5) STA Final Estimate FY 2024-2025 [For Reference]
(6) Continuing Resolution 4417 TDA Funds [For Reference]
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council accept the Funding Claim for Local Transportation Funds (TDA) and State Transit Assistance Funds (STAF) apportionment and authorize the ACM - Administrative Services Director to sign and submit the Fiscal Year 2024-2025 Transportation Funding Claim.
EXECUTIVE SUMMARY:
BACKGROUND:
The Local Transportation Fund collects and distributes 1/4 of 1¢ of the State Sales Tax collected pursuant to the Transportation Development Act of 1971. The City of Sanger's allocation amounts to $1,165,526.00 for Article VIII and $ 30,466.00 for Article III. Other agencies receive $ 640,779.00 of Sanger's total allocation of $1,836,771.00. The City previously adopted a resolution which requested that the TDA and the STAF allocate these TDA and STAF funds to the Fresno Council of Governments (COG) and that COG allocates these funds to the city for transportation needs. This is an on-going resolution. 47 The total transportation funds allocated to the City of Sanger are distributed as follows:
1. Bicycle & Pedestrian (Art. 3) $ 30,466
2. Regional Transportation Planning 42,546*
3. Streets & Roads (Art. 8) 1,165,526
4. Fresno County Rural Transit Agency (STA) 313,343*
5. Fresno County Rural Transit Agency (LTF) 210,140*
6. Community Tr an
sit Service Agency (Art 4.5) 74,750*
TOTAL CLAIM $ 1,836,771
TOTAL AMOUNT TO CITY $ 1,195,992
*TOTAL AMOUNT TO OTHER AGENCIES $ 640,779
TOTAL CLAIM $ 1,836,771
REASON FOR RECOMMENDATION:
For the City of Sanger to receive the allocation of Local Transportation Funds and State Transit Assistance Funds and the claims be filed with the Council of Fresno County Governments.
FISCAL IMPACT:
The City of Sanger will receive monthly payments from the Council of Fresno County Governments for the following allocations:
Article 8 $1,165,526 for development, construction, and maintenance of streets.
Article 3 $30,466 for bicycle and pedestrian facilities.
ALTERNATIVES:
None presented at this time.
ACTIONS FOLLOWING APPROVAL:
Staff will submit the Fiscal Year 20 24-2025 Transportation Funding Claim to Fresno Council of Governments.
48 Enter Date: 6t24t2024 Claimant Name:
TRANSPORTATION FUNDING CLAIM FOR FISCAL YEAR: 2024125
lnstructions: Please note that each page of this claim is a separate worksheet, please click through all tabs and complete. Also note that light yellow fields require an entry if applicable, light grey fields contain formulas that will automatically calculate based on corresponding entries. A date and claimant name field is at the top of the first page, and automatically repeats on following pages, (date should be formatted 00/00/0000) When completed, please print, sign and send signed originalvia mailto:
Les Beshears, Director of Finance, Fresno Gouncil of Governments, 2035 Tulare Street, Suite 201, Fresno, CA93721
From: Applicant:
Address:
Gity/State/Zip:
Contact Phone/email:
Citv of Sanqer
1700 7th Street
Sanger, CA 93657
559-876-6300
This applicant is an eligible claimant pursuant to Secflon 99203 of the Public Utilities Code and ceftifies that the following transportation funds are available to be claimed:
LocalTra rtation Fund
Apportionment:
Unexpended, Held by Glaimant:
Other Agency:
State Transit Assistance Fund
r
$ 1,523,428.00
Estimate:
Unexpended, Held in Trust:
$ 313,343.00
$
Other
Other:
TOTAL
sperl out tatal amount in above cell
for the purposes and respective amounts specified in the attached claim be drawn from the Local Transportation Fund and State Transit Assistance Fund.
Please rint and n after com ln fornn
Authorized Signature:
Name/Title:
Date:
Fresno Council
of Covernments
2035 Tulare St.. Ste. 201 tel 559-233-4'148
Fresno, California 93721 lax 559-233-9645
r-^tflrc.h o 0 0o r lrntl )a
r-ichelle f a
www. f resno cog. org
49 Enter Date 6t24t2024 Claimant Name
TRANSPORTATION FUNDING CLAIM DETAIL FOR FISCAL YEAR: 2024125 angor
PURPOSE AMOUNT SUBTOTAL
1. Bicycle & Pedestrian Facilities
Article 3:
Article 8a:
Audit Exceptions (General Fund Payback);
Unexpended Funds, Held by Claimant:
2. Regional Transportation Planning
3. Public Transportation State Transit Assistance Funds (STA) Other:
4. Gommunity Transit Service CTSA, Article 4.5:
5. Streets & Roads: Article 8a:
Unexpended Funds, Held by Claimant:
6. To Be Glaimed By
Fresno Gounty RuralTransit Agency LTF:
Fresno Gounty Rural Transit Agency STA:
Othe
7. Reserve in Fund Pending Further Glaiming
GRAND TOTAL
Glaim Total Must Agree With Total on First Page
Minus Non Transit Glaims
GRAND TOTAL PAYABLE TO CLAIMANT
Allocation instructions and payment by the Fresno County Auditor-Controller to the applicantis subjecf to such monies being available for distribution, and to the provisions that such monies will be used only in accordance with the rules and regulations of the T ran sportatio n Deve I op ment Act.
$ 30,466.00
30 546.00$ 42,546.00$
$
$ 74,750.00
$ 1,165,526.00
526.001 1
$ 210 140.00
313 343.00
1,195,992.00$
50 ffi##iY.'i'4f;:.:lrl:liEnter Date: Claimant Name:
BICYCLE AND PEDESTRIAN FACILITIES FOR FISCAL YEAR: 2024125 Two percent (2%) of the claimant's Local Transportation Fund apportionment must be spent on bicycle and pedestrian facilities (PUC 99233.3 and 99X\; such claims are to be filed as Article 3. Claims for projects in excess ol2oh may be filed as Article 8a (PUC 99a00(a)). lf other funding is to be used with Local Transportation Funds to implement projects, such funding should be shown on the claim form.
PROJECT TITLE & BRIEF DESCRIPTION PROJECT COST
1. Various Bicycle & Pedestrian Facilities throughout the claimant's jurisdiction:
AND/OR:
$ 30,466.00
TOTAL PROJECT COSTS
STREETS AND ROADS CLAIM FOR FISCAL YEAR: 2024125
Local Transportation Funds coming to claimants within Fresno County may be used for streets and roads improvements and maintenance pursuant to Article 8 (PUC 99400), but only after Fresno COG makes a finding that public transportation needs within the claimant's jurisdiction are reasonably met by satisfying the service requirements set forth by the Regional Transportation Plan (PUC 99401.5).
PROJECT TITLE & BRIEF DESCRIPTION PROJECT COST
Other - describe briefly if applicable: $
Other - describe briefly if applicable: $
Other - describe briefly if applicable: $
1. Development, Gonstruction & Maintenance Facilities throughout the claimant's jurisdiction:
AND/OR:
TOTAL PROJECT
$
Other - describe brieflv if apolicable: $
Other - describe brieflv if applicable: $
$Other - describe briefly if applicable:
H:'ffift[iffi'P:t$$l#
51 1!'_,:..,'..';, 7 ,.i! l\:,,i l Claimant Name
CONTINGENCY PROJECT LISTING FOR FISCAL YEAR: 2024125
CHECK ALL THAT APPLY (Enter "X" in yellow box)
BICYGLE AND PEDESTRIAN FACILITIES
Enter Date
Article 3
STREETS & ROADS
x
PUBLIC TRANSPORTATION
t] Articte 4 x Article 8a
x
STANDARD ASSURANCES FOR CLAIMANTS
CLAIMANT ASSURATVCES: (initial yellow box all that apply) A. Claimant certifies that it has submitted a satisfactory, independent fiscal audit, with required certification statement, to the RTPA and to the State Controller, pursuant to PUC 99245 and 21 CaL Code of Regulations Section 6664 for the prior fiscal year (project year minus two). Claimant assures that this audit requirement will be completed for the current fiscal year (project year minus one).
B. Claimant certifies that it has submitted a State Controller Report to the RTPA and to the State Controller, pursuant to PUC 99243.
The undercigned hereby certifies that the above statements are true and correct.
Please print and sign after completing form
Authorized
Signature:
Nameffitle:
Date:
q.,, i |1'q " i ii ]i; i 1.
( ! ir,tniii;::, :!r,,Tl;gj$il! j
x
Michelle Assistant
6t24t2024
52 May 10, 2024
SUBJECT: 2024/25 Transportation Development Act (TDA) Claim
Please find attached to the email sent to you the following information and forms:
(1) Electronic Forms for the 2024/25 Transportation Development Act (TDA) claim. A “Penciled in” draft claim is included to facilitate your claim.
(2) A copy of the 2024/25 Local Transportation Fund (LTF) estimates and the Final STA estimates per the State Controller’s methodology that are scheduled to be adopted by the FCOG Board on May 30, 2024.
(3) A summary of Fresno County Rural Transit Agency’s 2024/25 budget.
A copy of the Transportation Development Act Rules and Regulations manual can be viewed online at https://dot.ca.gov/-/media/dot-media/programs/rail-mass-transportation/documents/f0009844-tda-07- 2018-a11y.pdf.
Special Instructions:
Prepare the Claim in accordance with your budget. Adopt the claim by Resolution (same as last year) and return the claim and resolution to Fresno COG. Or if you have a continuing resolution, return the claim with a copy of your continuing resolution.
Timing:
Claims submitted to the Fresno COG Board for adoption must go through the Transportation Technical Committee, the Policy Advisory Committee, and Fresno COG Policy Board. This usually means that our Board will adopt your claim the month after we receive it providing that we receive it in time to make the TTC agenda mail out on the last Wednesday of the month.
The Process:
(1) The Fresno COG Board adopts the annual estimated fund apportionment for LTF. (2) Member Agencies reserve their annual portion of the fund:
a. A Claim is prepared in accordance with the agencies’ annual operating budget. b. The Claim is adopted by Resolution of the Local Agency Board. c. The Claim is adopted by Resolution of the Fresno COG Board. (3) LTF sales tax receipts are deposited monthly in the County Trust Fund, from the State Board of Equalization. Fresno COG sends allocation instructions to the County of Fresno Auditor Controller each quarter to issue checks to agencies based on the availability of sales tax, the unpaid Claim balance, and the priority of the Claim.
a. Transit is paid first.
b. Bicycle and Pedestrian Facilities are paid second.
c. Streets and Roads are paid last.
(4) At year end the total tax receipts are compared to the original apportionment estimate. Shortfalls are deducted from the unpaid Article 8 Streets and Roads Claim balance pro rata. A surplus may be claimed as Article 3 Bike and Pedestrian, Article 4 Transit or Article 8 Streets and Roads and is paid out in the first quarter of the following fiscal year. A year-end report will be sent to each agency detailing the allocations paid during the year and the unpaid Claim balance. The allocation detail will 53 facilitate agency year end close out and audit. The unpaid Claim balance should become a receivable from Fresno COG on the agency financial statements.
Eligibility and Compliance:
Article 4 – Transit
Detailed rules for eligibility and compliance for expenditure of Article 4 – Transit funds can be found in the Transportation Development Act Statutes and California Code of Regulations. Generally, any legitimate Transit operating or capital expense is eligible as long as the Section 6667 compliance requirements are followed.
Article 3 – Bicycle and Pedestrian Facilities
Eligibility and compliance for expenditure of Article 3 funds are detailed in the Transportation Development Act Statutes and California Code of Regulations Section 99234.
Article 8a – Streets and Roads
The Fresno COG Board adopted the State Controller’s Office “Guidelines relating to Gas Tax Expenditure” as the criteria for determining eligibility of Article 8a. Generally, funds are eligible to be spent for any street related repair, maintenance, or construction. A copy of the Guidelines can be downloaded at https://sco.ca.gov/Files-AUD/gas_tax_guidelines31219.pdf.
An audit of TDA funds expended by Article is required each year by Section 6664. Generally, Fresno COG contracts with one firm to provide a combined audit report of all non -transit funds expended by entity.
Various transit providers have the Transit Compliance Report done as part of their annual audit. The reports are due to the State Controller’s Office within 180 days after the last day of the fiscal year. Fresno COG has statutory authority to extend the deadline no more than 90 days. Agencies with delinquent audit reports are ineligible to receive TDA allocations until the delinquency is resolved. The initial cost of the non -transit audits is funded by Fresno COG administrative fees. Additional audit fees incurred to resolve audit findings or to provide Transit Compliance reports are charged against the agency’s Article 4 & 8 apportionment the following year. In the interest of facilitating audit requirements, the Fresno County Transportation Authority has requested that we expand the TDA audits to include Meas ure “C” compliance. Public Transportation Modernization, Improvement, and Service Enhancement (PTMISEA) sent to Transit Operators from the State Controller’s Office and SB1 State of Good Repair funds allocated by FCOG will also be subject to the audit.
If you have any questions concerning the claim or the process, please call me at 233- 4148.
Sincerely,
Les Beshears Robert Phipps
Les Beshears, Finance Director Robert Phipps, Interim Executive Director Fresno Council of Governments Fresno Council of Governments
Cc: Clovis, Coalinga, Firebaugh, Fowler, Fresno, Huron, Kerman, Kingsburg, Mendota, Orange Cove, Parlier, Reedley, Sanger, San Joaquin, Selma, Fresno County, FCRTA 54 FRESNO COUNTY RURAL TRANSIT AGENCY
FRESNO COUNTY RURAL TRANSIT AGENCY| Proposed Budget
---------------------------------------------------------------- + -------------------------- | 2024/25
| --------------------------
| LINE
DRAFT BUDGET | ITEM
=================================== == ============== ========== ========= ========= ========= ========== ========= ============= ========= ========= ========= ============ ========= ======================= =========== ========= ========== ======== ========= ========= ========== ============ REVENUES COALINGA FIREBAUGH FOWLER HURON KERMAN KINGSBURG MENDOTA ORANGE COVE PARLIER REEDLEY SANGER SAN JOAQUIN SELMA RURAL RURAL SOCIAL SERVICESSOUTHEAST AUBERRY WESTSIDE LATON KRC Del Rey FCRTA TOTAL ---------------------------------------------------------------- - -------------------------- ------------------- ----------------- ----------------- ----------------- ------------------- ----------------- ------------------------ ----------------- ----------------- ----------------- ---------------------- ----------------- ------------------------------------------ --------------------- ----------------- ------------------ --------------- ----------------- ----------------- ------------------ ---------------------- [PAST CARRYOVER/(SHORTFALL)] |
1 FCRTA SYSTEM | $47,861 $157,731 $101,276 $344,287 $101,363 $133,117 $84,797 $41,998 $87,228 $89,762 $299,173 $75,069 $80,311 $150,133 $0 $66,266 $0 $57,921 $0 $65,426 $0 $3,184,263 $5,167,982 2 Fresno County | $67,162 $6,658 $7,064 $207 $2,727 $4,571 $615 $16,454 $1,490 $2,434 $10,722 $92,422 $8,079 $0 $0 $1,762 $35,076 $5,722 $51,379 $0 $68,164 $0 $382,708 TOTAL CARRYOVER | $115,023 $164,389 $108,340 $344,494 $104,090 $137,688 $85,412 $58,452 $88,718 $92,196 $309,895 $167,491 $88,390 $150,133 $0 $68,028 $35,076 $63,643 $51,379 $65,426 $68,164 $3,184,263 $5,550,690 [FARE RECEIPTS (002/)] | $0
401 Farebox | $0
1 Intra-City | $3,250 $5,000 $1,000 $8,000 $5,000 $4,000 $9,000 $6,000 $4,500 $15,000 $10,000 $4,000 $10,000 $0 $0 $0 $300 $0 $0 $0 $0 $0 $85,050 3 Inter-City | $18,777 $2,000 $0 $7,000 $0 $0 $100 $20,594 $0 $0 $3,000 $0 $0 $2,637 $0 $17,180 $100 $25,000 $0 $18,233 $1,500 $0 $116,121 2 Local Fare Augmentation | $3,541 $3,541 $2,125 $3,541 $4,250 $7,790 $4,250 $7,790 $3,541 $9,207 $14,835 $4,250 $11,331 $0 $892,211 $4,957 $7,082 $4,957 $0 $0 $13,012 $0 $1,002,211 4 Common Carrier | $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 402/2 Spec. Fare - Measure "C" | $49,721 $27,358 $16,637 $34,548 $25,602 $42,623 $21,774 $20,791 $20,796 $48,636 $57,970 $14,667 $64,492 $21,718 $0 $2,831 $23,018 $0 $7,630 $1,157 $1,642 $0 $503,611 TOTAL FAREBOX RECEIPTS | $75,289 $37,899 $19,762 $53,089 $34,852 $54,413 $35,124 $55,175 $28,837 $72,843 $85,805 $22,917 $85,823 $24,355 $892,211 $24,968 $30,500 $29,957 $7,630 $19,390 $16,154 $0 $1,706,993 404 Freight | $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 405 Other | $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL FARE RECEIPTS | $75,289 $37,899 $19,762 $53,089 $34,852 $54,413 $35,124 $55,175 $28,837 $72,843 $85,805 $22,917 $85,823 $24,355 $892,211 $24,968 $30,500 $29,957 $7,630 $19,390 $16,154 $0 $1,706,993 |
[OPERATING REVENUE (003/)] |
407 Interest |
1 LTF | $3,000 $1,000 $500 $2,000 $1,000 $1,000 $1,000 $1,000 $1,000 $2,000 $2,000 $800 $2,000 $1,000 $0 $500 $800 $600 $100 $400 $400 $212,011 $234,111 409 LTF and/or STA Fund Revenues | $0 $0
1 FCRTA SYSTEM | $237,996 $154,195 $81,361 $181,380 $199,576 $231,127 $199,899 $349,136 $153,138 $464,114 $515,534 $25,725 $598,367 $0 $0 $172,501 $0 $174,334 $0 $0 $0 $153,287 $3,891,670 2 Fresno County | $333,973 $6,509 $5,675 $109 $5,369 $7,937 $1,450 $136,788 $2,617 $12,585 $18,476 $31,670 $60,192 $42,416 $0 $4,586 $213,321 $17,220 $24,816 $128,070 $82,328 $0 $1,136,107 3 CTSA-Article 4.5 | $2,897 $2,897 $1,739 $2,897 $3,477 $6,374 $3,477 $6,374 $2,897 $7,533 $12,138 $3,477 $9,271 $0 $729,991 $4,056 $5,794 $4,056 $0 $0 $10,646 $0 $819,991 409/5 Measure "C" | $60,000 $50,000 $0 $0 $35,000 $160,000 $60,000 $0 $40,000 $150,000 $0 $0 $100,000 $50,000 $0 $0 $50,000 $0 $0 $0 $0 $40,385 $795,385 TOTAL OPER. REVENUES | $637,866 $214,601 $89,275 $186,386 $244,422 $406,438 $265,826 $493,298 $199,652 $636,232 $548,148 $61,672 $769,830 $93,416 $729,991 $181,643 $269,915 $196,210 $24,916 $128,470 $93,374 $405,683 $6,877,264 | $0
[STATE/FEDERAL GRANT REVENUE (005/)] | $0
413 FTA | $0
1 Regional - Section 18 | $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,231,389 $2,231,389 2 Section 5317 | $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 4 CARES Act | $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,145,872 $1,145,872 5 Other Grant | $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $690,056 $690,056 TOTAL STATE & FEDERAL GRANTS | $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $4,067,317 $4,067,317 | $0
[REVENUE SUMMARY] | $0
1. Carryover | $115,023 $164,389 $108,340 $344,494 $104,090 $137,688 $85,412 $58,452 $88,718 $92,196 $309,895 $167,491 $88,390 $150,133 $0 $68,028 $35,076 $63,643 $51,379 $65,426 $68,164 $3,184,263 $5,550,690
2. Current Revenue | $713,155 $252,500 $109,037 $239,475 $279,274 $460,851 $300,950 $548,473 $228,489 $709,075 $633,953 $84,589 $855,653 $117,771 $1,622,202 $206,611 $300,415 $226,167 $32,546 $147,860 $109,528 $4,473,000 $12,651,574 ---------------------------------------------------------------- + -------------------------- ------------------- ----------------- ----------------- ----------------- ------------------- ----------------- ------------------------ ----------------- ----------------- ----------------- ---------------------- ----------------- ----------------- ------------------------ --------------------- ----------------- ------------------ --------------- ----------------- ----------------- ------------------ ---------------------- ****** TOTAL REVENUES ***** | $828,178 $416,889 $217,377 $583,969 $383,364 $598,539 $386,362 $606,925 $317,207 $801,271 $943,848 $252,080 $944,043 $267,904 $1,622,202 $274,639 $335,491 $289,810 $83,925 $213,286 $177,692 $7,657,263 $18,202,264 =================================== =+ ============== ========== ========= ========= ========= ========== ========= ============= ========= ========= ========= ============ ========= ======================= =========== ========= ========== ======== ========= ========= ========== ============ 55 2024-25
COUNCIL OF FRESNO COUNTY GOVERNMENTS
LOCAL TRANSPORTATION FUND
APPORTIONMENT TO MEMBER AGENCIES
Final Estimate
2024-25 Estimate per Fresno County Auditor Controller $59,000,000 Less Administration 196,846
Gross Amount Available for Allocation 58,803,154
ART. 3 SHARE
DOF GROSS BIC. & TOWARD NET FOR ADD TO NET
POPULATION AMOUNT PED.FAC. ART. 4.5 RTP ARTICLES CTSAs ART.4, MEMBER 01/01/24 PERCENT AVAILABLE (2%) (5%) (3%) 4 & 8 ART. 4.5 4.5 & 8
Clovis 126,133 12.40% 7,287,456 145,799 354,716 203,608 6,583,333 372,271 6,955,604 Coalinga 17,107 1.68% 989,366 19,774 49,101 27,615 892,876 892,876 Firebaugh 8,415 0.83% 486,719 9,727 24,199 13,584 439,209 439,209 Fowler 7,367 0.72% 425,337 8,516 20,419 11,892 384,510 384,510 Fresno City 546,971 53.76% 31,611,572 632,251 1,548,009 882,940 28,548,372 28,548,372 Huron 6,348 0.62% 366,355 7,338 17,445 10,247 331,325 331,325 Kerman 17,256 1.70% 996,751 19,946 48,298 27,855 900,652 900,652 Kingsburg 13,042 1.28% 753,484 15,075 36,647 21,053 680,709 680,709 Mendota 12,531 1.23% 724,253 14,485 35,502 20,228 654,038 654,038 Orange Cove 9,516 0.94% 549,991 11,000 26,956 15,361 496,674 496,674 Parlier 14,368 1.41% 830,744 16,608 41,026 23,193 749,917 749,917 Reedley 25,653 2.52% 1,482,285 29,653 72,300 41,410 1,338,922 1,338,922 Sanger 26,357 2.59% 1,523,428 30,466 74,750 42,546 1,375,666 1,375,666 San Joaquin 3,616 0.36% 209,027 4,180 10,278 5,837 188,732 188,732 Selma 24,371 2.40% 1,408,743 28,171 69,221 39,341 1,272,010 1,272,010 Fresno Co. 158,380 15.57% 9,157,643 183,074 452,488 255,662 8,266,419 8,266,419 FCRTA 819,991 819,991
FAX 1,689,093 1,689,093
TOTALS 1,017,431 100% 58,803,154 1,176,063 2,881,355 1,642,372 53,103,364 2,881,355 55,984,719
58,803,154 1,176,063 2,881,355 1,642,372 53,103,364 **
05/01/24
56 PUC 99313 POPULATION 12,095,641
PUC 99314 OPERATOR 2,177,393
2024-25 Fund Estimate Per State Controller Methodology 14,273,034 This estimate is subject to change during the fiscal year.
DOF GROSS NET FOR NET FOR
POPULATION AMOUNT 99314 99313
MEMBER 01/01/24 PERCENT AVAILABLE OPERATOR POPULATION
Clovis 126,133 12.40% 1,644,235 144,714 1,499,521
Coalinga 17,107 1.68% 203,375 203,375
Firebaugh 8,415 0.83% 100,041 100,041
Fowler 7,367 0.72% 87,582 87,582
Fresno City 546,971 53.76% 8,382,009 1,879,392 6,502,617 Huron 6,348 0.62% 75,468 75,468
Kerman 17,256 1.70% 205,146 205,146
Kingsburg 13,042 1.28% 155,049 155,049
Mendota 12,531 1.23% 148,974 148,974
Orange Cove 9,516 0.94% 113,130 113,130
Parlier 14,368 1.41% 170,813 170,813
Reedley 25,653 2.52% 304,973 304,973
Sanger 26,357 2.59% 313,343 313,343
San Joaquin 3,616 0.36% 42,989 42,989
Selma 24,371 2.40% 289,733 289,733
Fresno Co. 158,380 15.57% 1,882,887 1,882,887
FCRTA 153,287 153,287
FCEOC
TOTALS 1,017,431 100.0% 14,273,034 2,177,393 12,095,641
14,273,034 2,177,393 12,095,641
05/01/24
2024-25
FRESNO COUNCIL OF GOVERNMENTS
STATE TRANSIT ASSISTANCE FUND
APPORTIONMENT TO MEMBER AGENCIES
Final Estimate
57 58
59 Prepared by: Becky Padron Approved by: Nathan Olson
REVIEW: City Manager: NCO Finance: City Attorney: HCM
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION X Consent
Informational Item
X Action Item
Department Report
Public Hearing
Matter Initiated by a Council Member
Other:
Continued to:
For the Meeting of: July 18, 2024
Agenda Item No.: E-7
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and Council Members
From: Becky Padron, City Clerk/Deputy Personnel Officer Subject: Destruction of Public Records that Exceed Legal Retention Periods Attachments: (1) Resolution No. 2024-49
(2) Exhibit “A” to Resolution - Destruction of Records Authorization Form – City Manager’s Office, City Clerk/Human Resources, and Fire Department
CONFLICT OF INTEREST:
None known.
RECOMMENDATION:
That the City Council adopt Resolution No. 2024-49 authorizing the destruction of certain records held by the City Manager’s Office, City Clerk/Human Resources Department, and Fire Department in accordance with State law and the Sanger City Code.
EXECUTIVE SUMMARY:
The City Manager’s Office and the City Clerk/Human Resources Department have identified records that have exceeded the retention periods established by the City’s Records Management Guidelines, Policies and Retention Schedule. The attached Destruction of Records Authorization Forms lis t the description of the records and the required retention period. The City Attorney has reviewed the documents and approves destruction of the records. Sanger City Code Section 2 -2 requires that final approval for destruction of records be made by Council Resolution.
BACKGROUND:
At the September 21, 2017 City Council meeting, the Council approved Resolution No. 2017-48 adopting the Secretary of State “Local Government Records Management Guidelines” (Guidelines) as the City’s Records Management Guideli nes, Policies and Retention Schedule for City records. The 60 Guidelines lists records by type and their respective retention periods.
REASON FOR RECOMMENDATION:
There is no real benefit to retaining the records beyond the time period established by the Guidelines. Legal experts recommend the purging of such records on a regular and periodic basis, while ensuring compliance with applicable laws related to records retention. Additionally, the City has limited space for continued storage of stale records.
FISCAL IMPACT:
There is minimal to no fiscal impact stemming from approval of this action.
ALTERNATIVES:
The City Council could decline to approve the request for destruction of records. This would require continued retention of the records.
ACTIONS FOLLOWING APPROVAL:
Staff will schedule the destruction of records in accordance with the Records Management Guidelines.
61 RESOLUTION NO. 2024-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS HELD BY THE CITY MANAGER’S
OFFICE, CITY CLERK/HUMAN RESOURCES DEPARTMENT, AND FIRE
DEPARTMENT IN ACCORDANCE WITH STATE LAW AND THE SANGER CITY CODE
WHEREAS, the City Council adopted Resolution No. 2017-48 on September 21, 2017, adopting the Secretary of State “Local Government Records Management Guidelines” as the City’s Records Management Guidelines, Policies and Retention Schedule for City records; and
WHEREAS, The “Local Government Records Management Guidelines” establishes guidelines for the orderly and efficient transfer, retention and destruction of City records; and
WHEREAS, Government Code section 34090 and Sanger City Code Section 2-2 provide that, with the approval of the City Council and the written consent of the City Attorney, a City department head may destroy certain city records, documents, instruments, books or papers under the Department Head’s charge, if the records are no longer needed and not legally required to be retained; and
WHEREAS, the City Clerk submitted a request for the destruction of records held by the City Manager’s Office, the City Clerk/Human Resources Department, and Fire Department to obtain written consent from the City Attorney. A list of the records, documents, instruments, books or papers proposed for destruction is attached hereto as Exhibit A and shall hereafter be referred to collectively as the “Records”; and
WHEREAS, the Records do not include any records affecting title to real property or liens upon real property, court records, records required to be kept by statute, records less than two years old, video or audio recordings that are evidence in any claim or pending litigation, or the minutes, ordinance or resolutions of the City Council or any City commission or committee; and
WHEREAS, the City Attorney consents to the destruction of the Records; and
WHEREAS, the City Council of the City of Sanger finds and determines that the Records are no longer required and may be destroyed.
NOW THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Sanger, authorizes and directs the City Clerk, or their designated representative, to destroy the Records without retaining a copy.
* * * * * * * * * * * * * * * * *
62 The foregoing Resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 1
st day of August 2024 and adopted by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:
___________________________________
R ebeca Padron, City Clerk
63 EXHIBIT ''A''
RECORDS DESTRUCTION AUTHORIZATION
The records listed below are scheduled to be destroyed, as indicated on the Records Retedion Schedule adopted by City Council.
DEPARTMENT
City Manager's Office
DEPARTMENT FIEAD
Nathan Olson
DATE
512212024
RECORDS DESCRIPTION START
DATE
END
DATE
RETE}.ITION
PERIOD
BOX #
I Budget Workshop misc. Correspondence 2005 2008 CU+2 1 ) Floppy disk 2005 2005 2009 CU+3 1
General Plan Working draft 2002 2005 CU+2 1
4 Cable Television Franchise Agreement and extensions 1 990 1 995 T+5 1 5 Purchase of Sanger Humane Society 2001 2015 CL+10 1
6 Miscellanous Code Enforcement Violations 2042 2005 CL+2 1 7 Single Audit Exit Conference Correspondence 2003 2015 AU+4 1 I Sewer Fee Protest Correspondence 2004 2007 CU+2 1
9 Yamabee Horn Billing 2004 2007 CU+2 1
l0 2006 Mr. Drinkhouse Visa Statement 2006 2009 AU+2 1
n Miscellaneous memos, correspondence 2006 2009 CU+2 1
t2
Animal incident 2005 2008 CU+2 1
l3
Mobile Food Vendor Drafts 2001 2004 CU+2 1
t4
Budget draft correspondence 2008 2011 CU+2 2
l5
Vehicle Pursuit Accident 2003 2009 cL+5 2
r6 Vehicle Pursuit Accident Video Tape, TV News 2003 2009 cL+5 2 t7
Vehicle Pursuit Attorney Report 2003 2009 cL+5 2
18 Budget Preparation correspondence 2003 2005 CU+2 2
64 r9
Miscellaneous Email Correspondence 2008 201 1 CU+2 3
20 Misc. Correspondence & Commander logs 2008 2011 CU+2 3 2t
City Council Agenda Packet Copies 2008 2011 CU+2 3
22 Railroad Crossing Safety lmprovement Rpt 2008 2012 Cl+3 3 ZJ
Public lmpact Fees/Sanger/Det Rey Cemetery District 2008 2011 CU+2 3 24 SB1 1 37 miscellaneous correspondence 2008 2011 CU+2 3 t\
Misc. Email Correspondence SepUOct 2008 2008 2011 CtJ+2 4 26 FCTA Mitigation correspondence 2008 2011 CU+2 4
27 Kelly Park Misc. correspondence 2008 2Ar CU+2 4
28 SUSD SRO Services misc. correspondence 2008 2011 Cu+2 4 29 CIP Committee Agenda copies 2008 2011 CU+2 4
30 Shredding is required (Records contain private information) DOCUMENTS IIAVE BEEN REVIEWED AND APPROVED FOR DESTRUCTION:
Department Date
2 L+
City Attorney
City Council Resolution No
Date
(To be completed by City Employee after destruction has been performed. If destruction is performed by a commercial vendor, obtain a cerlificate from the vendor.) I HEREBY CERTIFY that the items listed above have been destroyed in accordance with Sity policies and procedures:
Employee Name Date
65 RSA NGE
n'_ -ii:,J _-
RECORDS DESTRUCTION AUTHORIZATION
The records listed below are scheduled to be destroyed, as indicated on the Records Reterlion Schedule adopted by City Council.
DEPARTMENT
City Manager's Office
DEPARTMENT HEAD
Nathan Olson
DATE
512212024
RECORDS DESCRIPTION START
DATE
END
DATE
RETE,{TION
PER.OD
BOX #
I Misc. Email Correspondence Nov/Dec 2008 2008 2Ar CU+2 5 I
Watch Commander Logs 2008 2Q11 CU+2 5
3 Voter District CD 2009 2012 E+2 6
4 Misc. Email Correspondence Jan/Feb 2009 2009 2012 CU+2 6 5 Budget correspondence draft working file 2009 2012 CU+2 6 6 7
8 9
l0
1l
t2
13 l4
l5
l6
t'l
18 66
l9
20 2l
))
ZJ
24 25
26 27
28 29
30 Shredding is required (Records contain private infonnation) DOCUMENTS HA VIEWED AND APPROVED FOR DESTRUCTION:
I /x/) rz
Head Date
City Attomey
City Council Resolution No.
Date
Qo be completed by City Employee after deslruction has been pedormed. If destruction ft perfonned by a cammercial vendor, obtain a certificate from the vendor.) I HEREBY CERTIFY that the items listed above have been destroyed in accordance with City policies and procedures:
Employee Name Date
67 RECORD S DES TRIJCTION AUTHORIZATION
The records listed below are scheduled to be destroyed, as indicated on the Records Retention Schedule adopted by City Council.
DEPARTMENT
Fire
DEPARTMENT HEAD
Greg Tarascou
DATE
118t24
RECORDS DESCRIPTION START
DATE
END
DATE
RETENTION
PERIOD
BOX #
1 Memo re Excess CFD Funds 412016 4t2019 CU+2 1
2 RFP Fire Station Feasibility Study 2t2018 212024 AU+5 1 J
RFP Fire Station Feasibility Study - unsuccessful 212018 212021 CU+2 1 4 Special Project Docs - Engine to Mexico donate 312000 312003 CU+2 1 5 AFG Grant Award 2002 812002 812008 CL+5 1
6 AFG Grant Award 2003 812003 8/2009 CL+5 1
7 AFG Grant Award 2005 8t2008 812014 CL+5 I
8 AFG Grant Award 2009 812009 8t2015 CL+5 1
9 SAFER Grant Award 2010 8t2010 812016 CL+5 1
10 FP & S Grant Application 2006 8/2006 812009 CL+2 1
t1
FP & S Grant Application 2011 812011 812014 CL+2 1
12 FP & S Grant Application 2013 812013 812016 CL+2 1
13 SHSG Grant Award 2003 512003 512009 CL+5 1
14 SHSG Award 2007 512007 5t2013 CL+5 1
15 SHSG Award 2010 512010 512016 CL+5 1
t6
SHSG Award 2011 512011 512017 CL+5 1
t7
SHSG Award 2012 512012 512018 CL+5 1
18 SHSG Award 2014 612013 612019 CL+5 1
68 19
PSIC Grant Award 612011 612017 CL+5 1
20 IFE Vision 20120 Grant Application 6t2013 6t2016 CL+2 1 21 Fireman's Fund Grant Award 2013 612013 612019 CL+5 1 22 WalMart Grant Award 2014 612014 612020 CL+5 1
23 State Farm Grant Appllcation 2012 6t2012 6t2015 CL+2 1 24 VCET Working File 2011 612011 6t2014 CU+2 1
25 AB 678 Working File 2011 612011 6t2014 CU+2 1
26 PG&E Cooling Center Grant 2010 612010 612016 CL+5 1
27 MSDS Training Tests - Personnel 6t2009 6t2009 T+2 1
28 2010 Fire Code working file 12t2007 12t2013 S+3 1
29 2010 Ladder Testing 512010 512022 CU+12 1
30 NFPA Survey 2010 412010 412013 CU+2 1
Yes Shredding is required (Records contain private information) DOCUMENTS HAVE BEEN REVIEWED AND APPROVED FOR DESTRUCTION:
s}b^Ln
Head Date
d* 7la t/>,/
(
City Attorney
City Council Resolution No.
Date
(fo be completed by City Employee after destruction has been performed. If destruction is performed by a commercial vendor, obtain a certificate from the vendor.) I HEREBY CERTIFY that the items listed above have been destroyed in accordance with City policies and procedures:
Employee Name Date
69 RECORD S DESTRT]CTION AUTHORIZATION
The records listed below are scheduled to be destroyed, as indicated on the Records Retention Schedule adopted by City Council.
DEPARTMENT
Fire
DEPARTMENT HEAD
Greg Tarascou
DATE
1126124
RECORDS DESCRIPTION START
DATE
END
DATE
RETENTION
PERIOD
BOX #
1 358 Accident 2005 8t2005 812008 CL+2 2
2 E120 Accident 2008 1112008 1112011 CL+2 2
J
Broder Fire lncident 812019 812022 CL+3 2
4 Kincade Fire lncident 1012019 1012022 CL+3 2
5 Detweiler Fire lncident 712017 712020 CL+3 2
6 Ferguson Fire lncident 812018 812021 CL+3 2
7 HirzlDelta Fire I ncident 9t2018 912021 CL+3 2
8 Camp Fire lncident 1112018 1112021 CL+3 2
9 GEMT Program Audit Work Papers/Drafts 612009 612013 AU+2 2 10 GEMT Audit Appeal Hearing 212016 212019 AU+2 2
11 Ambulance Billing EOB, Denials, Remits 112018 1t2023 AU+4 2 l2
Ambulance Billing Reports 112010 1212015 AU+4 2
13 Correspondence Billing American 1t2005 112008 CU+2 2 14 GEMT Program FY11 Work Papers/Drafts 612010 612014 AU+2 2 l5
No o+\,rr3
16 17
18 70
19 20
21 22
23 24
25 26
27 28
29 30
Yes Shredding is required (Records contain private information) DOCUMENTS HAVE BEEN RI,VIEWED AND APPROVED FOR DESTRUCTION:
Wfiar\- 2.Ub4A'
Departn\ent Head
,lh'l,lu 0,^.hf0nh 1/zsfzwt
Date
city Rtto*"y
City Council Resolution No.
Date
(fo be completed by City Employee after destruction has been performed. commercial vendor, obtain a certificate from the vendor.) If destruction is performed by a
I HEREBY CERTIFY that the items listed above have been destroyed in accordance with City policies and procedures:
Employee Name Date
71 RECORDS DESTRUCTION AUTHORIZATION
The records listed below are scheduled to be destroyed, as indicated on the Records Retention Schedule adopted by City Council.
DEPARTMENT
Fire
DEPARTMENT HEAD
Greg Tarascou
DATE
7122124
RECORDS DESCRIPTION START
DATE
END
DATE
RETENTION
PERIOD
BOX #
1 POs/lnvoices 2009 1012009 10t2013 AU+2 3
2 POs/lnvoices 2020 6t2020 612024 AU+2 3
J
AR Ambulance Reports 612008 612013 AU+4 3
4 Policies/Procedures 512008 512018 S+2 3
5 AR Ambulance Reports 612002 6t2007 AU+4 3
6 AR Ambulance Reports 112012 212017 AU+4 3
7 AR Ambulance Reports 312014 3t2019 AU+4 3
8 Explorer Project File 1t2013 112016 CU+2 3
9 Fire lncident Reports 1t2012 112016 CU+3 3
10 Fire Station Tour Logs 112011 112014 CU+2 3
11 MSI Fees Study 1991 111991 111993 CU+2 3
12 Incident Logs 112010 1t2013 CU+2 3
13 AR Ambulance Reports 712012 7t2017 AU+4 3
t4
AR Ambulance Reports 112013 112018 AU+4 3
15 AR Ambulance Reports 712012 712017 AU+4 3
16 AR Ambulance Reports 112013 112018 AU+4 3
17 Ambulance Fee lncrease Wkg File 3t2003 312006 CU+2 3 18 Annual Report 2009 Wkg File 12t2008 12t2011 CU+2 3
72 19
AR Ambulance Reports 1t2011 112016 AU+4 3
20 GEMT Program FY13 Wkg File 7 t2013 712018 AU+4 3
21 GEMT Program Wkg Files 612011 6t2016 AU+4 3
22 AR Ambulance Reports 512014 512019 AU+4 3
23 AR Ambulance Reports 1t2012 1t2017 AU+4 3
24 Ambulance Billing Records 11t2012 1112015 AU+2 3
25 GEMT Program FY12 Wkg File 6t2012 6t2017 AU+4 3
26 GEMT Program FY16 Wkg File 6t2016 612021 AU+4 3
27 GEMT Program FY1 1 Wkg File 6t2011 6t2016 AU+4 3
28 Ambulance Billing Reports 512014 512017 AU+2 3
29 tJo *1,u.s
30 Yes Shredding is required (Records contain private information) DOCUMENTS HAVB BEEN REVIEWED AND APPROVED FOR DESTRUCTION:
brSaeaw C,ZJ^LZ1
Departmerit Head
,1,
City Attorney
City Council Resolution No
TlztltQ
Date
Date
Qo be completed by Cily Employee after destruction has been performed. If destruction is performed by a commercial vendor, obtain a certificate from the vendor.) I HEREBY CERTIFY that the items listed above have been destroyed in accordance with City policies and procedures:
Employee Name Date
73 c
ANGE
,d ..- ,
RECORDS DESTRUCTION AUTHORIZATION
The records listed below are scheduled ta be destroyed, as indicated on the Records Retenlion Schedule adopted by City Council.
DEPARTMENT
City Clerk/Fluman Resources
DEPARTMENT HEAD
Becky Padron
DATE
Iuly 5,7024
RECORDSDESCRIPTION START
DATE
END
DATE
RETENTION
PERIOD
BOX #
I Employee Rights (arbitration, grievances, etc.) 2009 201 5 T+2 I 2 Employee Rights (arbitration, grievances, etc.) 2009 2015 T+2 2 J Requests for Proposals 201 I 2016 -{u+5 J
4 City CouncilAgendas 1979 1999 rlu+4 4
5 Recruitments 2005 2020 CL+3 5
6 Recruitments 2017 201 8 CL+3 6
7 Claims for Damages 2001 2009 CL+5 7
8 Recruitments 201 5 20t6 CL+3 8
9 Recruitments 2016 2016 CL+3 9
l0 Claims for Damage 2010 2014 CL+5 l0
1l Personnel Files 2009 2013 CU+5 ll
t2 Personnel Files 2012 2014 CU+5 t2
13 Personnel Files 2014 2014 cu+5 l3
t4 Personnel Files 2AV 2014 CU+5 l4
XX Shredding is required (Records contain private information) LEGEND: CU = Curent Year CL = Closed/Completion AU: Audit T = Termination 74 DOCT]MENTS HAVE BEEN REVIEWED AND APPROVED FOR DESTRUCTION:
-2
Head Date
7l z3 />
City Attorney
City Council Resolution No.
Date
(Io be completed by City Employee after destruction has been performed. If destruetion is performed by a commercialvendor, obtain a eertificatefrom the vendor,) I HEREBY CERTIFY that the items listEd above have been destroyed in accordance with City policies and procedures:
Employee Name Date
2 75
Prepared by: Corina Tamez Approved by: __Nathan Olson_______________
REVIEW: City Manager: _NCO_____ Finance: _______ City Attorney: ___HCM___ TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO
ACTION
_X__ Consent
____ Info Item
_X__ Action Item
____ Department Report
____ Redevelopment Agency
____ Public Hearing
____ Matter Initiated by a Council Member
____ Other
____ Continued to: __________
For the Meeting of: August 1, 2024
Agenda Item No.: E-8
CITY OF SANGER
REPORT TO THE CITY COUNCIL
To: Mayor and City Council
From: Nathan Olson, City Manager
Subject: Approval of Fresno-Madera Area Agency on Aging (FMAAA) Contract for FY 2024-2025 – Contract No. 25-0191
Attachments: 1) FMAAA Contract Resolution No. 2024-50
CONFLICT OF INTEREST:
None known.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2024-50 Approving Contracts with the Fresno Madera Area Agency on Aging for the Title III C1 Congregate Nutrition Program For Older Adults And Authorizing their Execution by City Manager for FY 2024-2025.
E
XECUTIVE SUMMARY
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 fiscal year.
BACKGROUND
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 City Manager or designee, who oversees the Senior Center and the Parks and Recreation programs. The City of Sanger and the Fresno-Madera Area Agency on Aging have had contract agreements for well over 20 years. 76 REASON FOR RECOMMENDATION
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 2024-2025, the City Council must review and approve the new contract. The funds received from the FMAAA directly off-set a portion of the Senior Coordinator’s labor expenses and help provide hot meals to Sanger Seniors.
Providing this service to seniors remains an important part of the offerings provided to the community by the Parks and Recreation Department. The meal program is significant for seniors on fixed incomes and the revenue and support from the FMAAA is critical to the success of the program.
FISCAL IMPACT
The total amount of FMAAA funds awarded to the City of Sanger for the FY 2024-2025 is $24,000 and is to be used specifically for the Senior Program. The acceptance of the grant requires the City to provide matching funds from program donations and/or the City’s General Fund. The matching funds were anticipated in the adopted City Budget. The grant match is comprised of portions of allowable staff salary and benefits for their participation in the administration of this program.
ALTERNATIVES
Council may elect not to approve the contract renewal with FMAAA, and provide further direction to staff.
ACTIONS FOLLOWING APPROVAL
Staff will work with FMAAA to execute the contract and implement the program at the Sanger Senior Center.
77 ATTACHMENT 1
78 79
DOCUMENTS REQUIRED TO EXECUTE CONTRACT
Documents Required to Execute Contract i FY 2024-2025
Area Plan Grant Award
Please return two sets of all contract pages in the order provided by the Agency on Aging.
The following contract documents require signatures and entries on both sets of documents.
Type entries and enter original signatures in ink on both sets of documents:
Must include signature of individual named on Exhibit E, page 5, as having primary, hands-on involvement & oversight of day-to-day operations; and signature of individual authorized by governing board to execute the contract (see Appendix A).
Appendix A, Resolution of Authorization to Contract
Must contain signature of chair of service provider’s governing board.
Appendix B, Contractor Certification Clauses
Must contain signature of individual authorized by governing board to execute the contract (see Appendix A).
Appendix C, Information Integrity and Security Statement Must contain signature of individual authorized by governing board to execute the contract (see Appendix A).
Also, check appropriate box under “Certify” at bottom of page 2 to indicate 128-bit Encryption compliance status.
Appendix K, Request for Taxpayer Identification Number and Certification (W-9) Part II, Certification, must contain signature of individual authorized by governing board to execute the contract (see Appendix A). Only page 1, signature page required (do not submit pages 2-6).
The following contract documents require typed entries on both sets of documents:
Appendix D, Method of Providing Audit Compliance
Exhibit B, Budget: Email Excel version to [email protected]; submit 2 hard copies with contract.
Exhibit E, Program Narrative: Email Word version to [email protected], submit 2 hard copies with contract.
Exhibit F, Service Provider Emergency Resource Information Please attach two sets of the following to this page:
1. List of all proposed subcontractors for this Agreement (if any), and, following review of Agency on Aging contract, copy of proposed contract template to be used for subcontractors.
2. Certificate(s) of Insurance Please review Article XV of Agreement prior to arranging for certificate to ensure all contractual requirements for insurance certificate are met and specific contract language included on certificate.
3. Copy of IRS Determination Letter of Tax-Exempt Status if a non-governmental organization.
4. Organizational chart, including names and position titles for contracted program
5. Job Description and Resume of individual named on Exhibit E, page 5, who has primary, hands-on involvement and oversight of the day-to-day operations of the contracted program
6. List of Governing Board members
7. List of Advisory Council or Advisory Committee members (if applicable)
8. Current documents (i.e. flyers, brochures) used to promote the contracted program
80 Area Plan Grant Award ii FY 2024-2025
Table of Contents
Area Plan Grant Award
Table of Contents
Documents Required to Execute Contract ................................................................... i
CONTRACT ................................................................................................................. 1 AREA PLAN GRANT AWARD TERMS AND CONDITIONS DECLARATION ......... 3 Article I. Definitions and Resolutions of Language Conflicts ..................... 3 Article II. Agreement ................................................................................... 6 Article III. Term of Agreement ...................................................................... 6 Article IV. Reasonableness of Compensation .............................................. 6 Article V. Assurances .................................................................................. 7 Article VI. Funds ........................................................................................ 30 Article VII. Budget and Budget Revision ..................................................... 34 Article VIII. Payment .................................................................................... 37 Article IX. Subcontracts ............................................................................. 38 Article X. Records and Reports ................................................................. 41 Article XI. Property ..................................................................................... 43 Article XII. Access ....................................................................................... 46 Article XIII. Monitoring and Evaluation ......................................................... 46 Article XIV. Audit Requirements ................................................................... 48 Article XV. Insurance ................................................................................... 54 Article XVI. Donations .................................................................................. 56 Article XVII. Termination ............................................................................... 56 Article XVIII. Remedies and Appeal Process ................................................. 60 Article XIX. Amendments, Revisions or Modifications .................................. 60 Article XX. Notices ...................................................................................... 61
81 Area Plan Grant Award iii FY 2024-2025
Table of Contents
Area Plan Grant Award
Table of Contents (Continued)
APPENDICES
Resolution of Authorization to Contract ...................................................... Appendix A Contractor Certification Clauses .................................................................. Appendix B Information Integrity and Security Statement ............................................. Appendix C Method of Providing Audit Compliance ...................................................... Appendix D Required Reports and Due Dates ............................................................... Appendix E Sanction Policy ............................................................................................ Appendix F Appeal Procedure for Service Providers .................................................... Appendix G Fresno-Madera Area Agency on Aging Contact List for Service Providers ..... Appendix H Fresno-Madera Area Agency on Aging Emergency Contact Information .......... Appendix I Community Focal Points List ....................................................................... Appendix J Request for Taxpayer Identification Number and Certification .................... Appendix K
EXHIBITS
Program Exhibit ............................................................................................... Exhibit A Budget ............................................................................................................ Exhibit B Annual Summary of Activities .......................................................................... Exhibit C Program Cost Efficiency .................................................................................. Exhibit D Program Narrative ........................................................................................... Exhibit E Service Provider Emergency Resource Information ........................................ Exhibit F
82 CONTRACT BETWEEN
CITY OF SANGER
AS SERVICE PROVIDER
AND
FRESNO-MADERA AREA AGENCY ON AGING
(HEREINAFTER REFERRED TO AS AGENCY ON AGING)
2520 WEST SHAW LANE, SUITE 101A, FRESNO, CA 97311
MAILING ADDRESS: 2037 WEST BULLARD AVENUE, #512, FRESNO, CA 93711 A. Name and principal address of service contractor (hereinafter referred to as service provider):
City of Sanger
1700 7th Street
Sanger, CA 93657
B. The starting date of this Agreement shall not precede the date the Agreement is signed by both parties hereto. The term of this Agreement is from July 1, 2024 to June 30, 2025, subject, however, to earlier termination as provided herein.
C. No expenditure or obligation for the funding allocation for the July 1, 2024 through June 30, 2025 period may be incurred after June 30, 2025.
D. Maximum funds available for the following program, contingent upon sufficient funds made available from the State of California to the Agency on Aging and/or by the U.S. Government or the Budget Acts of the appropriate fiscal years for the purposes of this program:
Approved by Fresno-Madera Area Agency on Aging Governing Board on April 17, 2024 Federal Grantor: U.S. Department of Health and Human Services Pass Through Granter: Fresno-Madera Area Agency on Aging Older Americans Act Title: Title Ill C1 Congregate Nutrition, Federal CFDA No. 93.045 Contract No.: 25-0191 I Service: I Site Management
Site 12-Month Funding Cycle
Contract Period
Grant Amount
Sanger Senior Center July 1, 2024 to June 30, 2025 $24,000 Total Term of Contract Grant Award: $24,000
E. This document together with any attached program exhibits, assurances, budgets, and narratives is a firm agreement to provide services for older Americans in Fresno and/or Madera counties (including cities contained therein) as specified in a manner consistent with the intent of, and regulations applicable to, service programs under Title Ill/VII of the Older Americans Act as amended.
F. The provisions of the Area Plan Grant Award Terms and Conditions Declaration (Articles I through XX} attached thereto, plus all enclosures listed, herein, constitute a part of this contract.
Area Plan Grant Award Contract
83 Area Plan Grant Award Contract Page 2 FY 2024-2025
FOR SERVICE PROVIDER:
Signature of individual named on Exhibit E, page 5, as
having primary, hands-on involvement and oversight of the day-to-day operations of the contracted program.
Date
Type Name Title
Signature of Authorized Contracting Official
(Refer to Appendix A)
Date
Type Name Title
Contractor Federal Employer I.D. Number
FOR FRESNO-MADERA AREA AGENCY ON AGING:
Signature Date
Executive Director
Type Name Title
Nathan Olson City Manager
Nathan Olson City Manager
94-600425
84 Area Plan Grant Award 3 FY 2024-2025
Terms and Conditions Declaration
FRESNO-MADERA AREA AGENCY ON AGING
AREA PLAN GRANT AWARD
TERMS AND CONDITIONS DECLARATION
This Agreement incorporates the terms and conditions which support an award of Area Plan Funds. Activities under this award shall be carried out in accordance with Title III and Title VII of the Older Americans Act of 1965, as amended (United States Code Title 42, Section 3001); the program regulations and policy directives relating thereto; federal and State laws; and the California Welfare and Institutions Code, Sections 9000- 9023, all of which are, or may be, operative during the term of this sub-grant award.
ARTICLE I. DEFINITIONS AND RESOLUTIONS OF LANGUAGE CONFLICTS A. “Agency on Aging” and “FMAAA” means the Fresno-Madera Area Agency on Aging interchangeably.
B. “Agreement” or “Contract” shall mean the Fresno-Madera Area Agency on Aging Area Plan Agreement; Area Plan Grant Award Terms and Conditions Declaration (Articles I through XX); Appendices; Program Exhibits; Budget Display; Attachments; Amendments; and any other documents incorporated by reference, unless otherwise provided in this Article.
C. “Allocation” means the process of assigning a cost, or a group of costs, to one or more cost objective(s), in reasonable proportion to the benefit provided or other equitable relationship. The process may entail assigning a cost(s) directly to a final cost objective or through one or more intermediate cost objectives. (2 CFR §200.1 and 45 CFR §75.2)
D.
E.
F.
G.
“Contractor” or “Service Provider” means the legal entity awarded funds under this Agreement and which is accountable to the Agency on Aging, the State, and/or federal government for use of these funds and which is responsible for executing the provisions for services provided under this Agreement.
Cal. Civ. Code: California Civil Code (CIV)
Cal. Gov. Code: California Government Code (GC)
Cal. Pub. Con. Code: California Public Contract Code (PCC) H. “CCR” means California Code of Regulations.
I. “CFR” means Code of Federal Regulations.
85 Area Plan Grant Award 4 FY 2024-2025
Terms and Conditions Declaration
J.
L.
M.
N.
O.
“Disallowed costs” means those charges determined to be unallowable, in accordance with the applicable Federal statutes, regulations, or the terms and conditions of the Federal award. (2 CFR 200.31 and 45 CFR 75.2)
HHS: Means United States Department of Health and Human Services
OAA: Means Older Americans Act
OCA: Means Older Californians Act
OMB: Means Federal Office of Management and Budget
P. “In-Kind Contributions” means the value of non-cash contributions donated to support the project or program (e.g. property, service, etc.).
Q. “Matching Contributions” means local cash and/or in-kind contributions made by the Contractor, a subcontractor, or other local resources that qualify as match for the contract funding.
R. “Program Income” means revenue generated by an Area Agency on Aging or Contractor from contract-supported activities. Program Income is:
1. Voluntary contributions received from a participant or responsible party for services received.
2. Income from usage or rental fees of real or personal property acquired with grant funds or funds provided under this Agreement.
3. Royalties received on patents and copyrights from contract-supported activities.
4. Proceeds from the sale of goods created under an Agency on Aging grant of funds.
S. “PSA 14” means the State Planning and Service Area comprised of Fresno and Madera Counties.
T. “Questioned Costs” means a cost that is questioned by the auditor because of an audit finding which resulted from a violation or possible violation of a statute, regulation, or the terms and conditions of a Federal award, including for funds used to match Federal funds; where the costs, at the time of the audit, are not supported by adequate documentation; or where the costs incurred appear unreasonable and do not reflect the actions a prudent person would take in the circumstances. (2 CFR 200.84 and 45 CFR 75.2). 86 Area Plan Grant Award 5 FY 2024-2025
Terms and Conditions Declaration
U. “Recoverable cost” means the questioned cost identified from an audit.
V. “Reimbursable item” also means “allowable cost” and “compensable item.” W. “State” and “Department” means the State of California and the California Department of Aging (CDA) interchangeably.
X. “Subcontract” means any form of legal agreement between the Contractor and the Subcontractor, including an agreement that the Contractor or Subcontractor would consider to be a contract, including vendor type Agreements for providing goods or services under this Agreement.
Y. “Subcontractor” means the legal entity that receives funds from the Contractor to carry out any part of a federal award identified in this Agreement.
Z. “USC” means United States Code.
AA. As used throughout this Agreement, the term “shall” is mandatory; the term “may” is permissive.
BB. The terms and conditions of this grant award and other requirements have the following order of precedence if there is any conflict in what they require:
1. 2.
The Grant Terms and Conditions
The Older Americans Act and other applicable federal statutes and their implementing regulations.
3. If applicable, the Older Californians Act and other California State codes and regulations.
4. Contract Agreement, including Area Plan Grant Award Terms and Conditions Declaration, all Appendices, all Exhibits, and any amendments thereto.
5. 6.
Program Memos and other guidance issued by the California Department of Aging.
Any other documents incorporated herein by reference, including, if applicable, the federal Health and Human Services (HHS) terms and conditions found in Part II of the HHS Grant Policy Statement. The HHS Grant Policy Statement is available under the HHS Policy Requirements Topic at: https://www.hhs.gov/grants.grants.grants-policies- regulations/index/html
87 Area Plan Grant Award 6 FY 2024-2025
Terms and Conditions Declaration
ARTICLE II. AGREEMENT
A. All elements of this Agreement, as defined in Article I, Section B, and as approved by the Agency on Aging in making this award, are hereby incorporated by reference, as if fully set forth herein.
B. Time is of the essence in this Agreement. All contracts must be signed and returned to the Fresno-Madera Area Agency on Aging within forty-five (45) days of the date on the contract cover letter. If the signed contract is not returned by the designated date and there has been no approval granted, then the funds may be reallocated by the Fresno-Madera Area Agency on Aging Governing Board. The Agency on Aging will send a Notice of Termination of Negotiations to the non-responsive Service Provider on the 46th day from the date of the contract cover letter by certified mail. A copy of the Fresno-Madera Area Agency on Aging Appeal Procedure will be sent with the letter.
C. A copy of this Agreement is on file and available for inspection at the Fresno- Madera Agency on Aging, 2520 West Shaw Lane, Suite 101A, Fresno, California, 93711.
ARTICLE III. TERM OF AGREEMENT
A. This Agreement is of no force or effect until signed by both parties hereto and approved by the Agency on Aging. The Contractor may not commence performance until such approval has been obtained, or until a signed Letter of Authority has been provided by the Agency on Aging.
B. The term of this Agreement is from July 1, 2024, through June 30, 2025, at which time the Agreement expires, subject however, to earlier termination or cancellation as herein provided. Contract awards are limited to a one-year period; however, at the discretion of the Agency on Aging, contracts may be renegotiated up to a maximum of three additional one-year periods subject to annual renegotiation and availability of federal, State, and local funding.
C. Should the Contractor or subcontractor begin work in advance of receiving notice that the Agreement is approved, and before obtaining a signed Letter of Authority from the Agency on Aging, that work may be considered as having been performed at-risk as a volunteer and may not be reimbursed or compensated.
ARTICLE IV. REASONABLENESS OF COMPENSATION
Compensation for work or services performed under this Agreement shall be reasonable and based on an analysis of job requirements and comparability with similar work or services in the local labor market.
88 Area Plan Grant Award 7 FY 2024-2025
Terms and Conditions Declaration
ARTICLE V. ASSURANCES
A. Agreement Authorization
1. If a public entity, the Contractor shall submit to the Agency on Aging a copy of the resolution, order, or motion referencing this Agreement number authorizing execution of this Agreement. If a private entity, the Contractor shall submit to the Agency on Aging an authorization by the Governing Board of the Contractor to execute this Agreement, referencing this Agreement number. These documents, including minute orders, must also identify the action taken.
2. Documentation in the form of a resolution, order, or motion by the Governing Board of the Contractor is required for the original and each subsequent amendment to this Agreement. This requirement may also be met by a single resolution from the Governing Board of the Contractor authorizing the designee to execute the original and all subsequent amendments to this Agreement.
B. Administration
1. The Contractor shall be a public entity, private nonprofit entity, or Joint Powers Authority (JPA). If a private nonprofit corporation or JPA, the Contractor shall be in good standing with the Secretary of State of California and shall maintain that status throughout the term of the Agreement.
a. Any grant awards to for-profit entities are subject to review and approval by the California Department of Aging prior to issuance of a contract by the Agency on Aging to the Contractor. [22 CCR §7362]
2. The Contractor shall ensure that any subcontractors providing services under this Agreement shall be of sound financial status. Any subcontracting private entity or JPA shall be in good standing with the Secretary of State of California and shall maintain that status throughout the term of the Agreement.
3. Failure to maintain good standing by the contracting entity shall result in suspension or termination of this Agreement with the Agency on Aging until satisfactory status is restored. Failure to maintain good standing by a subcontracting entity shall result in suspension or termination of the subcontract by the Contractor until satisfactory status is restored.
4. This Agreement is not assignable by the Contractor, either in whole or in part, without the written consent of the Agency on Aging in the form of a formal written amendment.
89 Area Plan Grant Award 8 FY 2024-2025
Terms and Conditions Declaration
5. The Contractor, and the agents and employees of the Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State or the Agency on Aging.
6. In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have full force and effect and shall not be affected.
C. Debarment, Suspension, and Other Responsibility Matters
1. The Contractor certifies to the best of its knowledge and belief, that it and its subcontractors:
a. Are not presently debarred or suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency. [45 CFR §92.35]
b. Have not, within a three-year period preceding this Agreement, been convicted of, or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction or contract under a public transaction; violation of federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, State, or local) with commission of any of the offenses enumerated in Section C.1.b of this Article.
d. Have not, within a three-year period preceding this Agreement, had one or more public transactions (federal, State, or local) terminated for cause or default.
2. The Contractor shall report immediately to the Agency on Aging, in writing, any incidents of alleged fraud and/or abuse by either the Contractor or subcontractors. The Contractor shall maintain any records, documents, or other evidence of fraud and abuse until otherwise notified by the Agency on Aging.
3. The Contractor agrees to timely execute any and all amendments to this Agreement or other required documentation relating to the Subcontractor’s debarment/suspension status.
90 Area Plan Grant Award 9 FY 2024-2025
Terms and Conditions Declaration
4. The Contractor shall notify the Agency on Aging immediately of any intention to discontinue existence of the entity or to bring an action for dissolution.
D. Law, Policy and Procedure, Licenses, and Certificates The Contractor agrees to administer this Agreement and require any subcontractors to administer their subcontracts in accordance with this Agreement, and with all applicable local, State, and federal laws and regulations including, but not limited to, discrimination, wages and hours of employment, occupational safety, and to fire, safety, health, and sanitation regulations, directives, guidelines, and/or manuals related to this Agreement and resolve all issues using good administrative practices and sound judgment.
The Contractor and its subcontractors shall keep in effect all licenses, permits, notices, and certificates that are required by law.
E. Provision of Services, Staffing, and Standards of Work
1. The Contractor shall ensure the provision of services under this Agreement, as specified by the attached exhibits, which are hereby incorporated by reference. Inadequate performance or failure to make progress so as to endanger performance of this Agreement may result in imposition of sanctions as described in Appendix F, Sanction Policy, or termination of the Agreement as described in Article XVII, Termination.
2. The Contractor shall make every effort to meet the goals and objectives stipulated in this Agreement. Performance shall not be unilaterally reduced or otherwise changed without prior consultation with, and written approval of, the Agency on Aging. A service unit reduction that impacts the Agency’s ability to provide service levels defined in its Area Plan or Area Plan Update service unit objectives requires:
a. Written approval from the California Department of Aging to the Agency on Aging if such reduction is greater than ten percent (10%). b. An Amendment to the Agency on Aging’s Area Plan if such reduction is greater than twenty percent (20%), including a public hearing; approval by the Agency’s Governing Board and Advisory Council chairpersons and the Agency’s Executive Director; and approval by the California Department of Aging. [22 CCR §7306(a)]
3. The Contractor agrees that the performance of work and services pursuant to the requirements of this Agreement shall conform to accepted professional standards.
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4. The Contractor shall maintain adequate staff to meet the Contractor’s obligations under this Agreement.
5. The Contractor shall make staff available to the California Department of Aging and the Agency on Aging for training and meetings, which the California Department of Aging or the Agency on Aging may find necessary from time to time.
F. Payroll Taxes and Deductions
The Contractor shall promptly forward payroll taxes, insurances, and contributions, including State Disability Insurance, Unemployment Insurance, Old Age Survivors Disability Insurance, and federal and State income taxes withheld, to designated governmental agencies as required by law.
G. Nondiscrimination
The Contractor shall comply with all federal statutes relating to nondiscrimination. These include those statutes and laws contained in the Contractor Certification Clauses (Appendix B), which are hereby incorporated by reference. In addition, Contractor shall ensure compliance with the following:
1. Equal Access to Federally-Funded Benefits, Programs, and Activities Contractor shall ensure compliance with Title VI of the Civil Rights Act of 1964 (42 USC §2000d; 45 CFR §80), which prohibits recipients of federal financial assistance from discriminating against persons based on race, color, religion, or national origin.
2. Equal Access to State-Funded Benefits, Programs, and Activities Contractor shall, unless exempted, ensure compliance with the requirements of California Government Code §11135 et seq., and 22 CCR 11140 et seq., which prohibit recipients of State financial assistance from discriminating against persons based on race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, or disability. [22 CCR §98323]
3. California Civil Rights Laws (Public Contract Code §2010) a. For contracts of $100,000 or more, executed or renewed after January 1, 2017, the Contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code).
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b. For contracts of $100,000 or more, executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code).
4. Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. [42 USC §12101 et seq.]
5. The Contractor shall not require proof of age, citizenship, or disability as a condition of receiving services.
6. Contractor agrees to include these requirements in all contracts it enters into with subcontractors to provide services pursuant to this Agreement.
H. Information Confidentiality and Security:
1. This Information Confidentiality and Security Requirements section sets forth the information privacy and security requirements the contractor is obligated to follow with respect to all personal, confidential, and sensitive information (as defined herein) disclosed to the contractor, or collected, created, maintained, stored, transmitted, or used by the contractor for or on behalf of the Agency on Aging pursuant to this agreement. (Such personal, confidential, and sensitive information is referred to here as PSCI.) Agency on Aging and the subcontractor desire to protect their privacy and provide for the security of Agency on Aging PSCI pursuant to this section of this agreement and in compliance with state and federal laws applicable to Agency on Aging and California Department of Aging PSCI.
The terms of this section shall apply to all contracts, subcontracts, and subawards made by the AAA in furtherance of this agreement and services provided in accordance with this agreement. The contractor shall require its agents, subcontractors, or independent consultants (collectively, agents) to conform to this section regarding California Department of Aging PSCI.
2. Definitions
a. Breach:
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i. the unauthorized acquisition, access, use or disclosure of California Department of Aging and the Agency on Aging PSCI in a manner in which compromises the security, confidentiality, or integrity of the information; or
ii. The same definition of “breach of the security system” set forth in California Civil Code section 1798.29 subdivision (f): or iii. The same as the definition of “breach” set forth in the Health Insurance Portability and Accountability Act Privacy Rule, 45 Code of Federal Regulations 164.402.
b. Confidential Information: Information that is exempt from disclosure under the provisions of the California Public Records Act (Government Code section 7920.000 Et seq.).
c. Disclosure: the release, transfer, provision of, access to, or divulging in any manner of information outside the entity holding the information
d.
PSCI: “personal information”, “sensitive information”, and “confidential information” (as these terms are defined herein).
e. Personal Information: Information that identifies or describes an individual, including, but not limited to, their name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It is CDA’s policy to consider all information about individuals private unless such information is determined to be a public record. Personal Information also includes the following:
i. Notice-Triggering Personal Information: Specific items of personal information (name plus Social Security number, driver license/California identification card number, or financial account number) that may trigger a requirement to notify individuals if it is acquired by an unauthorized person. For purposes of this provision, identity shall include, but not be limited to name, identifying number, symbol, or other identifying information assigned to the individual, such as finger or voice print or a photograph. See Civil Code section 1798.29.
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ii. Protected Health Information (PHI): The term “PHI” refers to and includes both “PHI” as defined at 45 CFR section 160.103 and Personal Information (PI) as defined in the Information Practices Act at California Civil Code section 1798.3(a). PHI includes information in any form, including paper, oral, and electronic.
f. Public Information: Information that is not exempt from disclosure under the provisions of the California Public Records Act (Government Code sections 7920.000 Et seq.).
g. Security Incident:
i. A breach or attempted breach; or
ii. The attempted or successful unauthorized access, disclosure, modification, or destruction of Agency on Aging or CDA PSCI, in violation of any state or federal low or in a manner not permitted under this agreement; or
iii. The attempted or successful modification or destruction of, or interference with, the contractor’s system operations in an information technology system, that negatively impacts the confidentiality, availability, or integrity of Agency on Aging PSCI; or
iv. Any event that is reasonably believed to have compromised the confidentiality, integrity, or availability of an information asset, system, process, data storage, or transmission. Furthermore, an information security incident may also include an event that constitutes a violation or imminent threat of violation of information security policies or procedures, including
acceptable use policies.
h. Sensitive Information: Information that requires special precautions to protect from unauthorized use, access, disclosure, modification, loss, or deletion. Sensitive Information may be either Public Information or Confidential Information. It is information that requires a higher-than-normal assurance of accuracy and completeness. Thus, the key factor for Sensitive Information is that of integrity. Typically, Sensitive Information includes records of agency financial transactions and regulatory actions.
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3. Disclosure Restrictions
The contractor shall protect Agency on Aging PSCI from unauthorized disclosure. The contractor shall not disclose, except as otherwise specifically permitted by this agreement, any Agency on Aging PSCI to anyone other than Agency on Aging personnel or programs without prior written authorization from the Agency on Aging or the California Department of Aging.
a. The contractor and the Agency on Aging mutually agree that the creation, receipt, maintenance, transmittal, and disclosure of date from the Agency on Aging containing Personal Health Information (PHI) shall be subject to the Health Insurance Portability and Accountability Act of 1996 and its implementing privacy and security regulations at 45 CFR Parts 160 and 164 (collectively and as used in this agreement, HIPPA). The contractor agrees to provide the same, or greater, level of protection to Agency on Aging data that would be required if the contractor were a Business Associate under HIPPA, regardless of whether the contractor is or is not a Business Associate.
b. To the extent that other state and/or federal laws provide additional, stricter and/or more protective (collectively, more protective) privacy and/or security protections to Agency on Aging PSCI covered under this agreement beyond those provided through HIPPA, the contractor agrees:
i. To comply with the more protective of the privacy and security standards set forth in applicable state or federal laws to the extent such standards provide a greater degree of protection and security than HIPPA or are otherwise more favorable to the individuals whose information is concerned; and
ii. To treat any violation of such additional and/or more protective standards as a breach or security incident, as appropriate. iii. Examples of laws that provide additional and/or stricter privacy protections to certain types of Agency on Aging PSCI as defined above in Section H definitions of this agreement, include but are not limited to the Information Practices Act, California Civil Code sections 1798-1798.78, Confidentiality of Alcohol and Drug Abuse Patient Records, 42 CFR Part 2, Welfare and Institutions Code Section 5328, and California Health and Safety Code section 11845.5.
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iv. If the Contractor is a Qualified Service Organization (QCS) as defined in 42 CFR section 2.11, the contractor agrees to be bound by and comply with subdivisions (2)(i) and (2) (ii) of that section.
4. Use Restrictions
The contractor shall not use any Agency on Aging or California Department of Aging PSCI for any purpose other than performing the contractor’s obligations under this agreement.
5. Safeguards and Security
The contractor shall implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of Agency on Aging PSCI including electronic Agency on Aging PSCI that it creates, receives, maintains, uses, or transmits on behalf of Agency on Aging. The contractor shall develop and maintain a written information privacy and security program that includes administrative, technical, and physical safeguards appropriate to the size and complexity of the contractor’s operations and the nature and scope of its activities. The contractor’s administrative, technical, and physical safeguards shall include, at a minimum:
a. Technical Security Controls:
The Contractor shall, at a minimum, utilize a National Institute of Standards and Technology Special Publication (NIST SP) 800-53 compliant security framework when selecting and implementing its security controls and shall maintain continuous compliance with NIST SP 800-53 as it may be updated from time to time. The current version of NIST SP 800-53, Revision 5, is available online at https://csrc.nist.gov/pubs/sp/800/53/r5/upd1/final; updates will be available online at https://csrc.nist.gov/publications/sp800. b. Removeable Media Devices
All electronic files that contain Agency on Aging PSCI data must be encrypted when stored on any removeable media or portable device (i.e., USB thumb drives, floppies, CD/DVD, smart devices, tapes, etc.). PSCI must be encrypted, at a minimum, using FIPS 140-2 certified algorithm or successor standards, such as Advanced Encryption Standard (AES), with a 128bit key or higher. c. Patch Management
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The Contractor shall apply security patches and upgrades and keep virus software up to date on all systems which PHI and other confidential information may be used.
d. Confidentiality Statement:
All people that will be working with the California Department of Aging and Agency on Aging PSCI must sign a confidentiality statement (Appendix C), that includes at a minimum, General Use, Security and Privacy Safeguards, Unacceptable Use, and
Enforcement Policies. The statement must be signed by all people prior to accessing the Agency on Aging PSCI. The statement must be renewed annually. The contractor shall retain each person’s written confidentiality statement for Agency on Aging inspection for a period of six (6) years following contract termination. e. Transmission and Storage of PSCI:
All persons that will be working with Agency on Aging PSCI shall employ with FIPS 140-3 compliant encryption of PHI, at rest and in motion, unless it has been determined that such encryption is unreasonable and inappropriate based upon a risk assessment and equivalent alternative measures are in place and documented as such
f. Minimum Necessary:
Only the minimum necessary amount of Agency on Aging PSCI required to perform necessary business functions applicable to the terms of this Agreement may be used, disclosed, copied, downloaded, or exported.
g. Antivirus Software:
All workstations, laptops and other systems that process and/or store Agency on Aging PSCI must install and actively use a comprehensive anti-virus software solution with automatic updates scheduled at least daily.
h. Data Security:
Agency on Aging PSCI will be stored separately from other customers’ data. Data will be stored and processed within the continental United States, and remote access to data from outside 98 Area Plan Grant Award 17 FY 2024-2025
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the continental United States will be prohibited. Data will be encrypted such that unauthorized parties are unable to read the data within the database/data repositories or any backups.
6. Employee Training
All persons who assist in the performance of functions or activities on behalf of the Agency on Aging, or access or disclose Agency on Aging PSCI, must complete information privacy and security training, located at https://aging.ca.gov/Information_security/ at least annually, at the contractor’s expense. Each person who receives information privacy and security training must sign a certification, indicating the member’s name and the date on which the training was completed. These certifications must be retained for a period of six (6) years following contract termination.
7. Employee Discipline:
Appropriate sanctions must be applied against persons who fail to comply with privacy policies and procedures or any provisions of these requirements, including termination of employment where appropriate.
8. Background Check:
Before a person may access Agency on Aging PSCI, a thorough background check of that person must be conducted, with evaluation of the results to assure that there is no indication that the person may present a risk to the security or integrity of confidential data or a risk for theft or misuse of confidential data. The Contractor shall retain each person’s background check documentation for a period of three (3) years following contract termination.
a. Mailing:
Mailings of Agency on Aging PSCI shall be sealed and secured from damage or inappropriate viewing of PSCI to the extent possible.
Mailings which include 500 or more individually identifiable records of Agency on Aging PSCI in a single package shall be sent using a tracked mailing method which includes verification of delivery and receipt, unless the prior written permission of Agency on Aging to use another method is obtained.
b. Security Officer:
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and security programs and for communicating on security matters with Agency on Aging.
c. Mitigation of Harmful Effects:
The Contractor shall mitigate, to the extent practicable, any harmful effect that is known to the contractor of a use or disclosure of PSCI and other confidential information in violation of the requirements of this Agreement.
d. Access to, and Accounting For, Disclosure of PSCI:
The contractor shall document and make available to Agency on Aging or (at the direction of Agency on Aging) to an Individual such disclosures of Agency on Aging PSCI and information related to such disclosures necessary to respond to a proper request by the subject Individual for an accounting of disclosures of personal information as required by 45 CFR section 164.524 or any applicable state or federal law.
9. Access to Practices, Books and Records
The Contractor shall make its internal practices, books, and records relating to the use and disclosure of PSCI on behalf of the Agency on Aging available to the Agency on Aging upon reasonable request.
10. Special Provision for SSA Data
In the Contractor receives data from or on behalf of Agency on Aging that was verified by or provided by the Social Security Administration (SSA Data) and is subject to an agreement between the Agency on Aging and SSA, the contractor shall provide, upon request by the Agency on Aging, a list of all employees and agents who have access to such data, including employees and agents of its agents, to Agency on Aging.
11. Breaches and Security Incidents
The contractor shall implement reasonable systems for the discovery and prompt reporting of any breach or security incident, and take the following steps:
a. Notice to the Agency on Aging
The Contractor shall notify the Agency on Aging immediately by 100
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email or telephone of the discovery of:
i. Unsecured Agency on Aging PSCI if the Agency on Aging PSCI is reasonably believed to have been accessed or acquired by an unauthorized person.
ii. Any suspected security incident which risks unauthorized access to Agency on Aging PSCI and/or other confidential information. iii. Any intrusion or unauthorized access, use, or disclosure of Agency on Aging PSCI in violation of this agreement: or iv. Potential loss of confidential data affecting this agreement v. Notice via email shall be made using the current CDA 1025 “Information Security Incident Report: form and shall include all information known at the time the incident is reported. The forms are available online at: https://aging.ca.gov/Information_security/ vi. Upon discovery of a breach or suspected security incident, intrusion, or unauthorized access, use or disclosure of Agency on Aging PSCI, the Contractor shall:
a. Prompt corrective action to mitigate any risks or damages involved with the security incident or breach: and
b. Any action pertaining to such unauthorized disclosure is required by applicable Federal and State Laws and
regulations.
b. Investigation of Security Incident Breach
The contractor shall immediately investigate such security incident, breach, or unauthorized use or disclosure of Agency on Aging PSCI.
c. Complete Report
The contractor shall provide a complete report of the investigation to Agency on Aging within (10) working days of the discovery of the breach or unauthorized use or disclosure. The complete report must include an assessment of all known factors relevant to a determination of whether a breach occurred under applicable federal and state laws. The report shall include a full, detailed corrective action plan including information on measures that were taken to halt and/or contain improper use or disclosure. If the Agency on Aging requests information in addition to this report, the contractor
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shall make reasonable efforts to provide the Agency on Aging with such information. Agency on Aging will review and approve or disapprove the contractor’s determination of whether a breach occurred, whether the security incident or breach is reportable to the appropriate entities, if individual notifications are required, and the contractor’s corrective action plan.
i. If the Contractor does not submit a complete report within the ten (10) working day time frame, the contractor shall request approval from the Agency on Aging within the ten (10) working timeframe for the complete report.
d. Notification of Individuals
If the cause of a breach is attributable to the contractor or its agents, the contractor shall notify individuals accordingly and shall pay all costs of such notifications as well as any costs associated with the breach. The notifications shall comply with applicable federal and state law. The Agency on Aging shall approve the time, manner, and content of any such notifications and their review and approval must be obtained before the notifications are made.
e. Responsibility for Reporting Breaches to Entities other than the Agency on Aging
If the cause of a breach of Agency on Aging PSCI is attributable to the contractor or its subcontractors, the contractor is responsible for all required reporting of the breach as required by applicable federal and state law.
f. Submission of Sample Notification to Attorney General:
If notification to more than 500 individuals is required pursuant to California Civil Code section 1798.29, regardless of whether the contractor is considered only a custodian and/or non-owner of the Agency on Aging PSCI, the contractor shall, at its sole expense and at the sole election of the Agency on Aging, either:
i. Electronically submit a single sample copy of the security breach notification, excluding any personally identifiable information, to the Attorney General pursuant to the format, content, and timeliness provisions of Section 1798.29, subdivision (e). The contractor shall inform the Agency on Aging Privacy Officer:
Hillaree Bennett, of the time, manner, and content of any such submissions prior to the transmission of such submissions to the
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Attorney General; or
ii. Cooperate with and assist the Agency on Aging in is submission of a sample copy of the notification to the Attorney General.
12. Contact Information
To direct communications to the above referenced Agency on Aging staff, the contractor shall initiate contact as indicated herein. Agency on Aging reserves the right to make changes to the contact information below by giving written notice to the contractor.
Agency on Aging Privacy Officer: Agency on Aging Information Security Officer:
Fresno-Madera Area Agency on Aging
2520 W. Shaw Ln. #101 A
Fresno, CA 93711
Attn: Program Director, Hillaree Bennett
Email: [email protected]
Telephone: 559-319-0863
Fresno-Madera Area Agency on Aging
2520 W. Shaw Ln. #101 A
Fresno, CA 93711
Attn: Executive Director, Jamie Sharma
Email: [email protected]
Telephone: 559-214-0299 ext. 500
13. Responsibility of Agency on Aging
The Agency on Aging agrees to not request the contractor use or disclose PSCI in any manner that would not be permissible under HIPPA and/or other applicable federal and/or state law.
14. Audits, Inspections, and Enforcement
a. Agency on Aging Right to Inspect
From time to time, Agency on Aging may inspect the facilities, systems, books, and records of the contractor to monitor compliance with the safeguards required in the Information Confidentiality and Security Requirements (ICSR) section. The contractor shall promptly remedy any violation of any provision of this ICSR section. The fact that Agency on Aging inspects, or fails to inspect, or has the right to inspect, the contractor’s facilities, systems, and procedures does not relieve the contractor of its responsibility to comply with this ICSR section.
b. Notification to Agency on Aging in Event the Contractor is Subject to 103
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Other Audit:
If the contractor is the subject of an audit, compliance review, investigation, or any proceeding that is related to the performance of its obligations pursuant to this agreement or is the subject of any judicial or administrative proceeding alleging a violation of HIPAA, the contractor shall promptly notify the Agency on Aging unless it is legally prohibited from doing so.
15. Miscellaneous Provisions
a. Disclaimer:
Agency on Aging makes no warranty or representation that compliance by the contractor with this agreement will satisfy the contractor’s business needs or compliance obligations. The contractor is solely responsible for all decisions made by the contractor regarding the safeguarding of Agency on Aging PSCI and other confidential information
b. Amendment:
i. Any provision of this agreement which conflicts with current or future applicable federal or state laws is hereby amended to conform to the provisions of those laws. Such amendment of this agreement hall be effective on the effective date of the laws necessitating it and shall be binding on the parties even though such amendment may not have been reduced to writing and formally agreed upon and executed by the parties.
ii. Failure by the contractor to take necessary actions required by amendments to this agreement shall constitute a material violation
c. Assistance in Litigation or Administrative Proceedings
The contractor shall make itself, its employees, and agents available to the Agency on Aging at no cost to Agency on Aging to testify as witnesses in the event of litigation or administrative proceedings being commenced against Agency on Aging, its director, officers, or employees based upon claimed violation of laws relating to security and privacy, and which involves inactions or actions by the contractor (except where the contractor or its subcontractor, workforce employee, or agent is a named adverse party). 104
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d. No Third-Party Beneficiaries
Nothing in this agreement is intended to or shall confer upon any third person, any rights, or remedies whatsoever.
e. Interpretation
The terms and conditions in this agreement shall be interpreted as broadly as necessary to implement and comply with regulations and applicable laws. The parties agree that any ambiguity in the terms and conditions of this agreement shall be resolved in favor of a meaning that complies and is consistent with federal and state laws and regulations.
f. No Waiver of Obligations
No change, waiver, or discharge of any liability or obligation hereunder on any one or more occasions shall be deemed a waiver of performance of any continuing or other obligation or shall prohibit enforcement of any obligation on any other occasion.
g. Return or Destruction of Agency on Aging PSCI on Expiration or Termination
At expiration or termination of the contract, if feasible, the contractor shall return or destroy all Agency on Aging PSCI that the contractor still maintains in any form and retain no copies of such information. If return or destruction is not feasible, Agency on Aging and the contractor shall determine the terms and conditions under which the contractor may retain the PSCI.
h. Data Sanitization
All Agency on Aging PSCI must be sanitized using NIST Special Publication 800-88 standard methods for data sanitization when the Agency on Aging PSCI is no longer needed.
i. Survival
If return or destruction of Agency on Aging PSCI is not feasible upon the completion or termination of the contract, the respective rights, and obligations of the contractor under this Section shall survive the completion or termination of the contract between the contractor and the Agency on Aging. The contractor shall also limit further uses and disclosures of Agency 105
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on Aging PSCI to those purposes that make the return or destruction of the information infeasible.
I. Copyrights
1. If any material funded by the Agency on Aging is subject to copyright, the State reserves the right to copyright such material and the contractor agrees not to copyright such material, except as set forth in Article V section I.2.
2. The contractor may request permission to copyright material by writing to the Director of Agency on Aging. The Director shall grant permission or give reason for denying permission to the contractor in writing within sixty (60) days of receipt of the request
3. If the material is copyrighted with the consent of Agency on Aging, the State reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, prepare derivative works, publish, distribute and use such materials, in whole or in part, and to authorize others to do so, provided written credit is given to the author.
4. The contractor certifies that it has appropriate systems and controls in place to ensure that State funds will not be used in the performance of work outlined within this agreement or the contract for the acquisition, operation, or maintenance of computer software in violation of copyright laws.
J. Rights in Data
1. The Contractor shall not publish or transfer any materials, as defined in Section J.2 of this Article, produced or resulting from activities supported by this Agreement without the express written consent of the Executive Director and/or Program Director of the Agency on Aging. That consent shall be given or the reasons for denial shall be given and any conditions under which it is given or denied within thirty (30) days after the written request is received by the Agency on Aging. The Agency on Aging may request a copy of the material for review prior to approval of the request.
This subsection is not intended to prohibit the Contractor from sharing identifying client information authorized by the participant or summary program information that is not client-specific.
2. As used in this Agreement, the term “subject data” means writings, sound recordings, pictorial reproductions, drawings, designs or graphic representations, procedural manuals, forms, diagrams, workflow charts, equipment descriptions, data files and data processing or computer 106
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programs, and works of any similar nature (whether or not copyrighted or copyrightable) which are first produced or developed under this Agreement. The term does not include financial reports, cost analyses, and similar information incidental to contract administration.
3. Subject only to the provisions of Article V, Section H, Information Integrity and Security, and Article V, Section I, Copyrights, of this Agreement, the State and the Agency on Aging may use, duplicate, or disclose in any manner, and have or permit others to do so subject to State and federal law all subject data delivered under this Agreement.
K. Public Education and Information
(Please note: This differs from the IIIB service categories within the data dictionary that have the same names)
Public Education and Information (PE&I) falls into two categories:
1. Educational-materials that educate and inform an audience such as activity books, coloring books, brochures and posters.
2. Promotional- material that promotes, supports, or enhances efforts and directly relates to the project objective such as key chains, onboard signs, mugs, pencils, magnets, and litter bags. The State of California and California Department of Aging and Agency on Aging does NOT allow Agency on Aging funds to be used for this purpose.
Contractors and subcontractors that use Agency on Aging funds to produce educational material must receive approval from the California Department of Aging Office of Communications prior to production.
Additionally, subrecipients that use Agency on Aging funds to produce PI&E materials must receive written approval from the CDA Office of Communications in order to use any CDA logo. Subrecipients should allow a minimum of ten (10) business days for approval; they should contact the CDA Office of Communications for assistance ([email protected])
Contractors should also advise vendors that all materials used in the production of public outreach materials paid for with grant funds are the property of the contractor and the Agency on Aging and the CDA (i.e., data, plates, digital files, camera-ready artwork, designs, concepts, photographs, video and audio). The CDA reserves the right to use materials developed by the AAA and/or subcontractor.
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Inclusion of the logo and/or funding line should not interfere with the primary program messaging. Questions regarding the inclusion, size or placement of either logo or funding statement should be directed to the CDA Office of Communications
[email protected]
All documents produced must comply with Federal Acquisition Regulation, Section 508, which governs document accessibility
L. S.W.A.G Ban
The contractor and its subcontractor shall comply with the Governor’s Executive Order B-06-11, which bans expenditures on promotional and marketing items colloquially known as “S.W.A.G.” or “Stuff We All Get.” M. Advertising and Public Relations
All press releases or any program advertisement utilizing the CDA logo must be approved by the CDA Office of Communications prior to dissemination.
Approval is also required for all use of CDA logo or mention of CDA in materials. The contractor should email the draft press release to [email protected] at least fourteen (14) days in advance of the announcement or event and copy the appropriate CDA Program team.
The contractor must coordinate media and kick-off events with the CDA Office of Communications.
If CDA funds are used for outreach, including paid and earned advertising, all materials must receive preapproval from the CDA Office of Communications before publication or production. Any mention of the CDA name or organization in press or outreach materials requires prior approval. The appropriate CDA program manager will coordinate with this process. Materials should be submitted to the appropriate CDA program manager for the CDA Office of Communications for review. They will be assessed in batches of the first and fifteenth of each month, with a minimum ten (10) business day approval period.
N. Copyrights/Trademarks
The CDA reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal or state government purposes the following:
1. The copyright/trademark in any work developed under a grant, sub grant 108
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or contract under a grant or sub grant.
2. Any right of copyright/trademark to which a contractor or subcontractor purchases ownership with grant funds.
O. Lobbying Certification
The Contractor, by signing this Agreement, hereby certifies to the best of his or her knowledge and belief, that:
1. No federally appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this federal Agreement, grant, loan or cooperative agreement, the Contractor shall complete and submit Standard Form LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.
3. The Contractor shall require that the language of this certification be included in the award documents for all subcontracts at all tiers (including contracts under grants, loans, and cooperative agreements which exceed $100,000) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. This certification is a prerequisite for making or entering into this transaction imposed by 31 USC §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
P. Conflict of Interest
1. The Contractor shall prevent employees, consultants, or members of governing bodies from using their positions for purposes including, but not limited to, the selection of subcontractors, that are, or give the appearance of being, motivated by a desire for private gain for 109
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themselves or others, such as family, business, or other ties. In the event that the Agency on Aging determines that a conflict of interest exists, any increase in costs associated with the conflict of interest may be disallowed by the Agency on Aging, and such conflict may constitute grounds for termination of the Agreement.
2. This provision shall not be construed to prohibit employment of persons with whom the Contractor’s officers, agents, or employees have family, business, or other ties, so long as the employment of such persons does not result in a conflict of interest (real or apparent) or increased costs over those associated with the employment of any other equally qualified applicant, and such persons have successfully competed for employment with the other applicants on a merit basis.
Q. Covenant Against Contingent Fees
1. The Contractor warrants that no person or selling agency has been employed or retained to solicit this Agreement. There has been no agreement to make commission payments in order to obtain this Agreement.
2. For breach or violation of this warranty, the Agency on Aging shall have the right to terminate this Agreement without liability or at its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingency fee.
R. Facility Construction or Repair
1. This section applies only to Title III funds and not to other funds allocated to other Titles under the Older Americans Act.
a. When applicable for purposes of construction or repair of facilities, the Contractor shall comply with the provisions contained in the following and shall include such provisions in any applicable agreements with subcontractors:
i) Copeland “Anti-Kickback” Act [18 USC §874, 40 USC §3145] [29 CFR §3];
ii) Davis-Bacon Act [40 USC §3141 et seq.] [29 CFR §5]; iii) Contract Work Hours and Safety Standards Act [40 USC §3701 et seq.] [29 CFR §5, 6, 7, 8]; and
iv) Executive Order 11246 of September 14, 1965, entitled “Equal Employment Opportunity” as amended by Executive Order
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11375 of October 13, 1967, as supplemented in Department of Labor Regulations [41 CFR §60].
b. Payments are not permitted for construction, renovation, alteration, improvement, or repair of privately-owned property which would enhance the owner’s value of such property except where permitted by law and by the Agency on Aging.
c. When funding is provided for construction and non-construction activities, the Contractor must obtain prior written approval from the Agency on Aging before making any fund or budget transfers between construction and non-construction.
S. Grievance Process
1. The Contractor must establish a written grievance process for reviewing and attempting to resolve complaints of older individuals receiving services funded by this Agreement. At a minimum, the process shall include all of the following:
a. Time frames within which a complaint will be acted upon. b. Written notification to the complainant of the results of the review, including a statement that the complainant may appeal to the Fresno-Madera Area Agency on Aging if dissatisfied with the results of the Contractor’s review.
c. Confidentiality provisions to protect the complainant’s rights to privacy. Only information relevant to the complaint may be released to the responding party without the older individual’s consent.
2. The Contractor shall notify older individuals of the grievance process available to them by:
a. Posting notification of the process in visible and accessible areas, such as the bulletin boards in multipurpose senior centers. For areas in which a substantial number of older individuals are non-English speaking, the notification shall also be posted in the primary language of a significant number of older individuals.
b. Advising homebound older individuals of the process either orally or in writing upon the Contractor’s contact with the individuals.
3. Complaints may involve, but not be limited to, any or all of the following:
a. Amount or duration of a service.
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b. Denial or discontinuance of a service.
c. Dissatisfaction with the service being provided or with the service provider. If the complaint involves an issue of professional conduct that is under the jurisdiction of another entity, such as the California Medical Board or the State Bar Association, the complainant shall be referred to the proper entity.
d. Failure of the service provider to comply with any of the requirements set forth in CDA regulations or in this Agreement.
4. Nothing in this Article shall be construed as prohibiting older individuals from seeking other available remedies, such as presenting their complaints at an open meeting of the Contractor’s governing board.
T. Disaster Plan
1. The Contractor shall prepare and maintain a disaster plan that ensures provision of critical services to meet the emergency needs of consumers they are charged to serve during medical or natural disasters, such as earthquakes or floods, and make such plan available to the Agency on Aging upon request.
2. The Contractor shall provide annual disaster response training and a current list of community resources for all employees and volunteers, and maintain documentation of such training.
3. The Contractor shall designate a primary and a secondary emergency contact. Following an emergency or disaster, the Contractor’s designated contact shall update the Agency on Aging with the Contractor’s operational status.
4. The Contractor shall complete Exhibit F, Service Provider Emergency Resource Information, included with this agreement, and advise the Agency on Aging whenever a change to this information occurs.
U. Community Focal Points
The Contractor acknowledges that the Agency on Aging has designated locations as Community Focal Points, as required by Title 22 CCR Article 3 §7302(a)(14), 45 CFR §1321.53(c), and OAA 2006 §306(a), which are attached as Appendix J, Community Focal Points List.
ARTICLE VI. FUNDS
A. Expenditure of Funds
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1. The Contractor shall expend all funds received to perform services outlined within agreement.
2. Any reimbursement for authorized travel and per diem shall be at rates not to exceed those amounts paid by the State in accordance with the California Department of Human Resources’ (CalHR) rules and regulations.
In State:
Mileage/Per Diem (meals and incidentals)/Lodging
https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx
Out of State: http://hrmanual.calhr.ca.gov/Home/ManualItem/1/2201
This is not to be construed as limiting the contractor from paying any differences in costs, from funds other than those provided by the Agency on Aging, between the CalHR rates and any rates the contractor is obligated to pay under other contractual agreements. No travel outside the state of California shall be reimbursed unless prior written authorization is obtained from the State. [SCM 3.17.2.A(4)]
The contractor agrees to include these requirements in all subcontracts it enters into with subcontractors to provide services pursuance to this agreement.
3. Agency on Aging reserves the right to refuse payment to the contractor or disallow costs for any expenditure, as determined by the Agency on Aging to be: out of compliance with this agreement, unrelated or inappropriate to contract activities, when adequate supporting documentation is not presented, or where prior approval was required, but was either not requested or not granted.
B. Accountability for Funds
1. The Contractor shall maintain accounting records for funds received under the terms and conditions of this Agreement. These records shall be separate from those for any other funds administered by the Contractor, and shall be maintained in accordance with Generally Accepted Accounting Principles and Procedures and the Office of Management and Budget’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. [2 CFR §200] [45 CFR §75]
2. The Contractor shall ensure that funding for services as outlined herein are managed and prorated monthly to ensure that adequate Older 113
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Americans Act funding is available to provide services through the ending date of this Agreement.
3. Funds made available under this Agreement shall supplement, and not supplant, any federal, State, or local funds expended by a State or unit of general purpose local government to provide Title III (excluding Title III E) and Title VII services.
C. Financial Management Systems
The Contractor shall meet the following standards for its financial management systems, as stipulated in 2 CFR §200.302 and 45 CFR §75.302:
1. Financial Reporting.
2. Accounting Records.
3. Complete Disclosure.
4. Source Documentation.
5. Internal Control.
6. Budgetary Control.
7. Cash Management (written procedures).
8. Allowable Costs (written procedures).
D. Unexpended Funds
1. No later than March 31 of the Agreement year, the Contractor shall report to the Agency on Aging if any Older Americans Act funds will remain unexpended at the ending date of this Agreement.
2. The Agency on Aging shall request and receive from the Contractor release of Older Americans Act funds for an amount mutually agreed upon by both parties, not to exceed the estimated amount of unexpended funds. The Agency on Aging shall be reasonable in its request for funds and the Contractor shall not unreasonably withhold permission for release of funds.
3. The Agency on Aging retains all rights to reallocate released funds into other programs, projects, or activities.
4. Upon termination, cancellation, or expiration of this Agreement, or dissolution of the entity, the Contractor shall return to the Agency on Aging immediately upon written demand, any funds provided under this 114
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Agreement, which are not payable for goods or services delivered prior to the termination, cancellation, or expiration of this Agreement, or the dissolution of the entity.
E. Funding Contingencies
1. It is understood between the parties that this Agreement may have been written before ascertaining the availability or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if this Agreement were executed after that determination was made.
2. This Agreement is valid and enforceable only if sufficient funds are made available to the State, and subsequently to the Agency on Aging, by the United States Government or the Budget Acts of the appropriate fiscal years for purposes of the contracted program(s). In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or the Legislature that may affect the provisions, terms, or funding of this Agreement in any manner.
F. Limitation of State Liability
Payment for performance by the Contractor shall be dependent upon the availability of future appropriations by the Legislature or Congress for the purposes of this Agreement and approval of an itemized budget. No legal liability on the part of the State or the Agency on Aging for any payment may arise under this Contract until funds are made available; the itemized budget is approved by the State; and the Contractor has received an executed Agreement.
G. Funding Reduction
1. If funding for any State or Agency on Aging fiscal year is reduced or deleted by the Department of Finance, Legislature, or Congress for the purpose of the services outlined within this agreement, the Agency on Aging shall have the option to either:
a. Terminate the Agreement pursuant to Section A.1 of Article XVII, Termination, of this Agreement; or
b. Offer a revision to the Budget to reflect the reduced funding authorized by the authority of this agreement.
2. In the event the Agency on Aging elects to offer a revised budget display(s), it shall be mutually understood by both parties that:
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a. The Agency on Aging reserves the right to determine which programs, if any, shall be reduced.
b. Some programs may be reduced by a greater amount than others, and
c. The Agency on Aging shall determine at its sole discretion the amount that any or all of the programs shall be reduced for the applicable fiscal years.
H. Fiscal Provisions
1. The agreement must be approved prior to release and disbursement of any program funding included within these terms via the budget displays.
2. Upon release of an original or revised budget display, a separate budget for all programs affected shall be submitted electronically to the Agency on Aging’s fiscal department, within 30 days of release.
3. Budgets must be approved by the Agency on Aging’s fiscal department prior to any disbursement of funding.
4. Agency on Aging cannot disburse funds until the contract agreement is fully executed.
ARTICLE VII. BUDGET AND BUDGET REVISION
A. The Contractor shall be reimbursed for expenses only as itemized in the approved budget with the exception of line item budget transfers as noted in Section E of this Article and shall not be entitled to reimbursement for these expenses until this Agreement is approved and executed by the Agency on Aging. The approved Contractor’s budget is hereby incorporated by reference into this Agreement as a part of Exhibit B.
B. The final date to submit a budget revision to the Agency on Aging for this Agreement is March 15, 2024.
C. Indirect Costs
1. The maximum reimbursement amount allowable for indirect costs is ten percent (10%) of the Contractor’s Modified Total Direct Costs (MTDC), excluding in-kind contributions and nonexpendable equipment. Indirect costs shall not exceed ten percent (10%) of the Contractor’s MTDC per funding category.
2. Contractors requesting reimbursement for indirect costs shall retain on file an approved indirect cost rate accepted by all federal awarding 116
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agencies or an allocation plan documenting the methodology used to determine the indirect costs.
3. Indirect costs exceeding the ten percent (10%) maximum may be budgeted as in-kind for purposes of meeting matching requirements in Title III and Title VII programs only. Contractors must receive prior approval from the federal awarding agency, through the Agency on Aging with approval from the California Department of Aging, prior to budgeting the excess indirect costs as in-kind.
4. For major Institutes of Higher Education and major nonprofit organizations, indirect costs must be classified within two broad categories: “Facilities” and “Administration.” “Facilities” is defined as depreciation on buildings, equipment and capital improvement, interest on debt associated with certain buildings, equipment and capital improvements, and operations and maintenance expenses.
“Administration” is defined as general administration and general expenses such as the director’s office, accounting, personnel and all other types of expenditures not listed specifically under one of the subcategories of “Facilities” (including cross allocations from other pools, where applicable). [2 CFR 200.414(a)] [45 CFR §75.414(a)] D. Program Specific Funds
1. Program Income
a. Program Income must be reported and expended under the same terms and conditions as the program funds from which it is generated.
b. Program Income must be used to pay for current allowable costs of the program in the same fiscal year that the income was earned (except as noted in Section D.1.d of this Article).
c. For Title III B, III C, III D, III E, VII Ombudsman, and VII Elder Abuse Prevention, Ombudsman Citation Penalties Account, Licensing and Certification Program Funds, Skilled Nursing Facility Quality and Accountability Funds, CARES Act, Elder Justice Act, and Older Californians Act. Program Income must be spent before contract funds (except as noted in Section D.1.d of this Article) and may reduce the total amount of contract funds payable to the Contractor. d. Program Income may not be used to meet the matching
requirements of this Agreement.
e. Program Income must be used to expand baseline services. 117
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f. If as a result of advanced funds, the project earns interest on funds awarded by the Agency on Aging, that interest shall be identified as income to the program and used for program expenditures, with full documentation on file for all programs.
2. One-Time-Only (OTO) Funds
a. OTO Funds, if any, are non-transferable between funding sources.
This means that OTO funds can only be used in the program in which they were accrued.
b. Titles III and VII federal program OTO funds shall only be used for the following purposes:
i. Home and community-based projects that are approved in advance by the California Department of Aging, and are
designed to address the unmet needs of the eligible service population identified in the Area Plan.
ii. Innovative pilot projects that are approved in advance by the California Department of Aging, and are designed for the development or enhancement of a comprehensive and
coordinated system of services as defined in 45 CFR
§1321.53(a)(b).
iii. OTO funds can be used to maintain or increase baseline services; however, the Contractor shall assure that services funded with OTO funds will not create an expectation of service delivery beyond the current Contract period. Expenditures for baseline services do not require advance approval from the California Department of Aging.
c. NSIP OTO funds shall only be used to purchase food used in the Elderly Nutrition Program.
E. Line Item Budget Transfers
The Contractor may transfer Agreement funds between line items under the following terms and conditions:
1. The Contractor shall obtain prior approval from the Agency on Aging for any line item transfer of funds that exceeds ten percent (10%) of the total budget for each funding source, and submit a revised budget to the Agency on Aging.
2. The Contractor shall maintain a written record of all budget changes and clearly document line item budget changes. The record shall include the date, amount, and purpose of the transfer. This record shall be available 118
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to the Agency on Aging upon request and shall be maintained in the same manner as all other financial records.
F. Matching Contributions
1. “Matching Contributions” is defined in Article I, Section H. a. Cash and/or in-kind contributions may count as match, if such contributions are used to meet program requirements.
b. Any matching contributions (cash or in-kind) must be verifiable from the records of the Contractor or subcontractor.
c. Matching contributions must be used for allowable costs in accordance with the Office of Management and Budget cost principles.
2. Minimum matching contributions for Older Americans Act funded grants awarded by the Fresno-Madera Area Agency on Aging are determined as follows:
a. Title III B Supportive Services (not including Ombudsman), Title III C1 Congregate Nutrition, and Title III C2 Home-Delivered Nutrition is forty percent (40%).
b.
c.
Title III E Family Caregiver Support Program is thirty percent (30%).
Long-Term Care Ombudsman Program; Title VII Elder Abuse Prevention; Title III D Health Promotion-Evidence Based: No Match Required
3. Minimum matching requirements are calculated on net costs, which are total costs less program income, non-matching contributions, and State funds.
4. Matching contributions generated in excess of the minimum required are considered overmatch.
ARTICLE VIII. PAYMENT
A. The Contractor shall prepare and submit a monthly expenditure report, as indicated in Appendix E, Required Reports and Due Dates, by the 15th of each month to the Agency on Aging, unless otherwise specified by the Agency on Aging. The report shall include all costs and funding sources for the month prior.
B. The Agency on Aging shall review the Contractor’s report to ensure compliance with the approved Agreement budget.
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C. Depending upon funding availability, the Agency on Aging shall make monthly reimbursement payments to the Contract as specified in Appendix E, Required Reports and Due Dates, of this Agreement. The Agency on Aging shall pay the Contractor a total not to exceed the amount shown on page one (1) of this Agreement.
D. The Agency on Aging may withhold payment if the Agency on Aging determines that the Agreement with the Contractor is at-risk, as described in Appendix F, Sanction Policy.
E. The Agency on Aging shall be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. Payments made after a decision to withhold funds or terminate the Agreement will be governed by Article XVII, Termination.
F. The Agency on Aging may require financial reports more frequently than indicated in Section A of this Article or more detail (or both), upon written notice to the Contractor, until such time as the Agency on Aging determines that the financial management standards are met.
G. Closeout
1. Contractor is required to submit the Financial Closeout Report for this Agreement and Fixed Assets Acquired through Grants with the Fresno- Madera Area Agency on Aging (FMAAA 32) to the Agency on Aging by July 15, 2024. All contractors are required to submit Program Property Inventory Certification annually, at the time of closeouts, to [email protected] or as instructed by FMAAA. If Agreement is terminated or cancelled prior to June 30, 2024, the Financial Closeout Report and FMAAA 32 shall be submitted to the Agency on Aging within fifteen (15) days of termination or cancellation of the Agreement.
2. Federal funds will be reduced proportionately to maintain the required matching ratios if a Contractor fails to report sufficient match.
ARTICLE IX. SUBCONTRACTS
A. The Contractor must obtain approval from the Agency on Aging prior to awarding any subcontracts for services contracted in this Agreement.
B. The Contractor shall not obligate funds for this Agreement in any subcontracts for service beyond the ending date of this Agreement.
C. The Contractor shall have no authority to contract for, or on behalf of, or incur obligations on behalf of the State of California or the Agency on Aging. 120
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D. The Contractor shall maintain on file copies of subcontracts, memorandums, and/or Letters of Understanding which shall be made available for review at the request of the Agency on Aging.
E. The Contractor shall require language in all subcontracts to require all subcontractors to comply with all applicable State and federal laws.
F. The Contractor shall require its subcontractors under this Agreement, other than units of local government which are similarly self-insured, to maintain adequate insurance coverage for general liability, Workers Compensation liabilities, and if appropriate, automobile liability including non-owned automobile and professional liability, and further, the Contractor shall require all of its subcontractors to hold the Contractor harmless. The subcontractor’s Certificate of Insurance for general and automobile liability shall also name the Contractor, not the Agency on Aging, as the certificate holder and additional insured. The Contractor shall maintain Certificates of Insurance for all of its subcontractors.
G. The Contractor shall require language in all subcontracts to require all subcontractors to indemnify, defend, and save harmless the Agency on Aging, its officers, agents, and employees from any and all claims and losses accruing to or resulting from any contractors, subcontractors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with any activities performed for which funds from this Agreement were used and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the subcontractor(s) in the performance of this Agreement.
H. The Contractor shall ensure that the subcontractor will complete all reporting and expenditure documents requested by the Agency on Aging. These reporting and expenditure documents shall be sent to the Contractor in a timely manner and at intervals as determined by the Agency on Aging.
I. The Contractor shall require all subcontractors to maintain adequate staff to meet the subcontractor’s agreement with the Contractor. This staff shall be available to the California Department of Aging and the Agency on Aging for training and meetings, which the California Department of Aging or the Agency on Aging may find necessary from time to time.
J. If a private non-profit corporation, the subcontractor shall be in good standing with the Secretary of State of California and shall maintain that status throughout the term of the Agreement.
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K. Small contracts (under $100,000) in the aggregate do not require a competitive process [CCR 7352(g)]. In the case of small contracts, a contractor only obtain a price or rate quotations from a number of qualified sources and informally select the source with which to contract or obtain the purchase.
1. Pre-Award Review: The Contractor shall submit the following to the Agency on Aging for review and approval for small contracts (under $100,000 in the aggregate) to a for profit entity:
a. Documentation that the aggregate value of the contract with any entity is less than $100,000.
b. A completed CDA 2000 (Conflict of Interest Disclosure Form) that discloses whether a potential or actual conflict of interest exists. c. Copies of the price or rate quotations received from qualified sources.
2. The Agency on Aging will provide a determination letter within fifteen (15) days of receipt of all required documentation confirming that the contractor has satisfied the requirements of a noncompetitive award to a for-profit entity or will provide detail as to the requirement(s) that have not been met.
3. The Contractor must maintain all documentation on file that supports a noncompetitive award to a for-profit entity, as well as the Agency on Aging’s determination letter.
L. Contracts over $100,000 in the aggregate for any entity must follow a competitive process [CCR 7352].
M. The contractor shall, prior to the awarding of a subcontract to any for-profit entity, submit the following to Agency on Aging for review and approval:
1. The request for Proposal (RFP) or Invitation to Bid
2. All bid proposals received
3. The proposal or bid evaluation documentation, along with the contractor’s rationale for awarding the subcontract to a for-profit entity [22 CCR 7362].
4. Description and documentation of dissemination of
information concerning the RFP to elicit adequate
competition [22 CCR 7356].
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Where a program may be subcontracted to a for-profit organization, the AAA should include in its contract with the for-profit entity, a requirement for performance of a program specific audit of the subcontracted program by an independent audit firm.
N. The contractor shall refer to 2 CFR 200.331, Subpart D-Subrecipient and Contractor Determinations and 45 CFR 75.351, Subpart D-Subrecipient and Contractors Determinations in making a determination if a subcontractor relationship exists. If such a relationship exists, then the contractor shall follow the procurement requirements in the applicable Office of Management and Budgets (OMB) Circular.
O. The contractor shall utilize procurement procedures as follows:
1. The contractor shall obtain goods and services through open and competitive awards. Each contractor shall have written policies and procedures, including application forms, for conducting an open and competitive process, and any protests resulting from the process.
2. For goods and services purchased with Title III or Title VII funds, the procurement procedures must include, at a minimum, the requirements set forth in 22 CCR 7352. The only exceptions are contained in 22 CCR 7360(a) and 22 CCR 7360(d). The contractor issuing a noncompetitive award must comply with 22 CCR 73600 (b)-(d).
ARTICLE X. RECORDS AND REPORTS
A. Records
1. The Contractor shall maintain complete records which shall include, but not be limited to, accounting records, contracts, agreements, a reconciliation of the Financial Closeout Report to the audited financial statements, and a summary worksheet identifying the results of performing audit resolution of its subcontractors in accordance with Article XIV, Audit Requirements, of this Agreement. This includes the following: Letters of agreement, insurance documentation, Memorandums and/or Letters of Understanding, patient or client records, and electronic files of its activities and expenditures hereunder in a form satisfactory to the Agency on Aging. All records pertaining this Agreement must be made available for inspection and audit by the Agency on Aging or its duly authorized agents, at any time during normal business hours.
2. All such records, including confidential records, must be maintained and made available by the Contractor as follows:
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a. Until an audit of the July 1, 2024 through June 30, 2025 period of expenditures has occurred and an audit resolution has been issued or unless otherwise authorized in writing by the Agency on Aging or the California Department of Aging’s Audit and Risk Management Branch;
b. For such longer period, if any, as is required by applicable statute, by any other clause of this Agreement, or by Sections 3 and 4 of this Article; and
c. For such longer period as the Agency on Aging or the State deems necessary.
3. If this Agreement is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for the same periods as in Sections A.2.a through A.2.c of this Article. The Contractor shall ensure that any resource directories and all client records remain the property of the Agency on Aging upon termination of this Agreement, and are returned to the Agency on Aging or transferred to another Contractor as instructed by the Agency on Aging.
4. In the event of any litigation, claim, negotiation, audit exception, or other action involving the records, such records shall be maintained and kept available until every action has been cleared to the satisfaction of the Agency on Aging and the State and so stated in writing to the Contractor.
5. Adequate source documentation of each transaction shall be maintained relative to the allowability of expenditures reimbursed by the Agency on Aging under this Agreement. Source documentation includes, but is not limited to: vendor invoices, bank statements, cancelled checks, bank/credit card statements, contracts and agreements, employee time sheets, purchase orders, indirect cost allocation plans.
6. All records containing confidential information shall be handled in a confidential manner in accordance with the requirements for information integrity and security, and in accordance with guidelines set forth in this section. After the authorized period has expired, confidential records shall be shredded and disposed of in a manner that will maintain confidentiality.
B. Reports
1. The Contractor shall prepare and submit fiscal and performance reports as designated in Appendix E, Required Reports and Due Dates. Reports shall be submitted on forms in a format approved by the Agency on Aging.
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2. The Contractor shall assure that all fiscal and program data submitted to the Agency on Aging are timely, complete, accurate, and verifiable.
3. If supporting documentation is required as stated in Article XIV, Audit Requirements, all such documentation must accompany the monthly expenditure report.
4. All Program Income received by the Contractor shall be included on the monthly expenditure report, and expenditures supported by Program Income shall be stated in the appropriate column. Program Income shall be tracked on a “first in-first out” method. Unspent Program Income shall not exceed the equivalent of thirty (30) days average Program Income.
5. The Contractor shall cross-train staff on program data collection and reporting requirements in the event of planned or unplanned prolonged absences to ensure timely and accurate submission of data.
ARTICLE XI. PROPERTY
A. Unless otherwise provided for in this Article, property refers to all assets used in operation of this Agreement.
1. Property includes land, buildings, improvements, machinery, vehicles, furniture, tools, intangibles, etc.
2. Property does not include consumable office supplies such as paper, pencils, toner cartridges, file folders, etc.
B. Property acquired under this Agreement, which meets any of the following criteria, is subject to the reporting requirements:
1. Has a normal useful life of at least one (1) year and has a unit acquisition cost of at least $5,000 (a desktop or laptop setup is considered a unit, if purchased as a unit).
2. 3.
All computing devices, regardless of cost (including, but not limited to, workstations, servers, laptops, personal digital assistants, notebook computers, tablets, smartphones, and cellphones).
All Portable electronic storage media, regardless of cost (including but not limited to, thumb/flash drives and portable hard drives).
C. Intangibles are property which lack physical substance but give valuable rights to the owner. Examples of intangible property include patents, copyrights, leases, and computer software. By contrast, hardware consists of tangible 125
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equipment (e.g., computer printer, terminal, etc.). Costs include all amounts incurred to acquire and to ready the intangible asset for its intended use.
Typical intangible property costs include the purchase price, legal fees, and other costs incurred to obtain title to the asset.
D. Equipment/Property with per unit cost over $5,000 or any computing devices, regardless of cost, requires justification from the Contractor and approval from the California Department of Aging. The Contractor must submit a detailed listing of planned Equipment/Property purchases in its budget to the Agency on Aging (Schedule of Program/Site Supplies and Equipment Purchases, page 4 of Exhibit B, Budget). Please note an approved budget is not approval for equipment purchases. The Agency on Aging will notify the Contractor when the California Department of Aging has rendered an approval decision.
E. The Contractor shall report property acquired with funds provided under this Agreement to the Agency on Aging:
1. Title III B, Title III C, and Title VII (b): On the Monthly Report of Expenditures and Donations Revenue for the month in which the property was acquired.
2. Title III E: On the Title III E Monthly Report of Expenditures (for the Family Caregiver Support Program) for the month in which the property was acquired.
3. Long-Term Care Ombudsman Program: On the Budget
Summary/Monthly Expenditure Report and Request for Funds, Special Deposit Fund (SDF) & Skilled Nursing Facility Quality & Accountability Fund (SNFQAF) (CDA-OMB-300) for the month in which the property was acquired.
F. The Contractor shall attach receipts for the property and a list of the following information for each item of property acquired: Date acquired; complete description; model number; serial number (if applicable); cost or other basis of valuation; fund source; and specific location of the property.
G. The Contractor shall maintain a cumulative inventory, including the Asset Tag number and all information required by Section F of this Article, of all property furnished or purchased by the Contractor with funds awarded under the terms of this Agreement or any predecessor agreement for the same purpose.
H. The Contractor shall affix the Asset Tag provided by the Agency on Aging to tangible property upon receipt of the asset tag from the agency, which identifies the property as State of California property. The Contractor shall enter the Asset Tag number on the cumulative inventory records maintained by the Contractor for this Agreement.
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I. The Contractor shall conduct an annual physical inventory of all property furnished or purchased by the Contractor with funds awarded under the terms of this Agreement or any predecessor agreement for the same purpose, and submit Fixed Assets Acquired through Grants with the Fresno-Madera Area Agency on Aging (FMAAA 32) with the annual Financial Closeout Report to the Agency on Aging. Corresponding reconciliation must be kept on file and available for review by the Agency on Aging.
J. Prior to disposal of any property purchased by the Contractor or subcontractor with funds from this Agreement or any predecessor Agreement, the Contractor must obtain approval from the California Department of Aging, through the Agency on Aging, for all reportable property as defined in Section B of this Article. The Contractor shall submit a Request to Dispose of Property (FMAAA 248) to the Agency on Aging to request disposal of property.
Disposition, which includes sale, trade-in, discarding, or transfer to another agency, may not occur until approval is provided by the California Department of Aging and the Agency on Aging notifies the Contractor of the State’s instructions for disposition of property (CDA 248) to [email protected]
Once property has been disposed as per the State’s authorization and instructions, the item(s) shall be removed from the Contractor’s inventory report. Property is not to be disposed of until both the CDA 248 and STD 152 have been approved by CDA. Contractor will be liable for repayment of purchase price of equipment if Contractor disposes of equipment without prior approval from Agency on Aging and CDA.
K. The Contractor must sanitize property (remove all confidential, sensitive, or personal information) prior to disposal, including removal or destruction of data on computing devices with digital memory and storage capacity. This includes, but is not limited to, magnetic tapes, personal computers, personal digital assistants, cell or smart phones, multi-function printers, and laptops. The Contractor must attach documentation of sanitation of such devices to the Request to Dispose of Property (FMAAA 248) requesting property disposal.
L. Any loss, damage, or theft of equipment shall be investigated and fully documented, and the Contractor shall promptly notify the Agency on Aging and shall provide copies of investigative documentation and police reports as requested by the California Department of Aging. In addition, the Contractor shall complete a Request to Dispose of Property (FMAAA 248) and provide it to the Agency on Aging.
M. The State reserves title to all property purchased or financed with funds provided through the Agency on Aging that is not fully consumed in the performance of this Agreement, including property acquired with grant funds, 127
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matching funds, monetary donations, and in-kind donations as entered on the budget, budget revisions, and/or closeout report for this Agreement, unless otherwise required by federal law or regulations.
N. The Contractor shall exercise due care in the use, maintenance, protection, and preservation of such property during the period of the project, and shall assume responsibility for replacement or repair of such personal property during the period of the project and until the Contractor has complied with all written instructions from the Agency on Aging regarding the final disposition of the property.
O.
P.
In the event of the Contractor’s dissolution, or upon termination of this Agreement, the Contractor shall provide a final property inventory to the Agency on Aging. The Agency on Aging reserves the right to require the Contractor to transfer such property to another entity, or to the Agency on Aging.
To exercise the above right, no later than one hundred twenty (120) days after termination of this Agreement or notification of the contractor’s dissolution, the AAA will issue specific written disposition instructions to the contractor.
Q.
The Contractor shall use the property for the purpose for which it was intended under this Agreement.
R.
S.
The Contractor shall not use equipment or supplies acquired under this Agreement with federal and/or State monies for personal gain or to usurp the competitive advantage of a privately-owned business entity.
If purchase of property is a reimbursable item, the property to be purchased will be specified on an approved Budget.
T. The Contractor shall include the provisions contained in this Article in all its subcontracts awarded under this Agreement.
ARTICLE XII. ACCESS
A. The Contractor shall provide access to the Agency on Aging, federal or State contracting agency, Bureau of State Audits, the Comptroller General of the United States, or any of their duly authorized federal or State representatives to any books, documents, papers, and records of the Contractor or subcontractor which are directly pertinent to this specific Agreement for the purpose of an audit, examination, excerpts, and transcriptions. The Contractor shall include this requirement in its subcontracts.
ARTICLE XIII. MONITORING AND EVALUATION
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A. Welfare and Institution Code (WIC) (Division 8.5 Mello-Granlund Older Californians Act [9000 – 9757.5] Chapter 2. California Department of Aging [9100-9118.5] Article 1. General provisions [9100-9114] Section 9102 (a)) states that the State Unit of Aging shall administer all programs under the Older Americans Act of 1965, as amended, and this division, including providing ongoing oversight, monitoring, and service quality evaluation to ensure that service providers are meeting standards of service performance established by the department.
The Agency on Aging and Office of the Long-Term Care Ombudsman conduct onsite/remote monitoring visits to ensure that the contractor(s) are in compliance with all federal and State laws, regulations, policies, contracts or grant agreements (Administrative); Performance goals are achieved (Program); and Federal awards are used for authorized purposes (Fiscal).
Comprehensive onsite/remote assessments are conducted at a minimum once every four years as resource permit.
B. Authorized State representatives and the Agency on Aging shall have the right to monitor and evaluate the Contractor’s administrative, fiscal and program performance pursuant to this Agreement. Said monitoring and evaluation may include, but is not limited to, administrative processes, fiscal, data and procurement components. This will include policies, procedures, procurement, audits, inspections of project premises, interviews of project staff and participants, and when applicable, inspection of food preparation sites.
C. The Contractor shall cooperate with the State and the Agency on Aging in the monitoring and evaluation processes, which include making any administrative, program and fiscal staff available during any scheduled process.
D. The Contractor shall monitor contracts and subcontracts to ensure compliance with laws, regulations, and the provisions of contracts that may have a direct and/or material effect on each of its Agency on Aging funded programs.
E.
The Contractor is responsible for maintaining supporting documentation including financial and statistical records, contracts, subcontracts, monitoring reports, and all other pertinent records until an audit has occurred and an audit resolution has been issued or unless otherwise authorized in writing by CDA or the Agency on Aging.
F. Review, approve, and monitor its subcontractor budgets and expenditures and any subsequent amendments and revision to budgets, To the extent feasible, ensure that all budgeted funds are fully expended by the end of each fiscal year.
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ARTICLE XIV. AUDIT REQUIREMENTS
A. General
1. Any duly authorized representative of the federal or State government, which includes but is not limited to the State Auditor, CDA Staff, the Agency on Aging, and any entity selected by the State to perform inspections, shall have the right to monitor and audit Contractor and all subcontractors providing services under this Agreement through on-site inspections, audits, and other applicable means the State determines necessary. In the event that CDA is informed of an audit by an outside federal or State government entity affecting the Contractor, CDA and/or the Agency on Aging will provide timely notice to the Contractor.
2. Contractor shall make available all reasonable information necessary to substantiate that expenditures under this agreement are allowable and allocable, including, but not limited to accounting records, vendor invoices, bank statements, cancelled checks, bank/credit card statements, contracts and agreements, employee time sheets, purchase orders, indirect cost allocation plans. Contractor shall agree to make such information available to the federal government, the State, the Agency on Aging, or any of their duly authorized representatives, including representatives of the entity selected by State to perform inspections, for examination, copying, or mechanical reproduction, on or off the premises of the appropriate entity upon a reasonable request.
3. All agreements entered into by Contractor and subcontractors with audit firms for purposes of conducting independent audits under this Agreement shall contain a clause permitting any duly authorized representative of the federal or State government and the Agency on Aging access to the supporting documentation of said audit firm(s).
4. The Contractor shall cooperate with and participate in any further audits which may be required by the State, including CDA and Agency on Aging fiscal and compliance audits.
B. CDA Fiscal and Compliance Audits
1. The CDA Audits and Risk Management Branch shall perform fiscal and compliance audits of Contractors in accordance with Generally Accepted Government Auditing Standards (GAGAS) to ensure compliance with applicable laws, regulations, grants, and contract requirements.
2. The CDA fiscal and compliance audits may include, but not be limited to, a review of:
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a. Financial closeouts (2 CFR §200.1 and 45 CFR §75.2). b. Internal controls (2 CFR §200.303 and 45 CFR §75.303). c. Allocation of expenditures (2 CFR §200.1 and 45 CFR §75.2). d. Allowability of expenditures (2 CFR §200.403 and 45 CFR §75.403). e. Equipment expenditures and approvals, if required (2 CFR §200.439 and 45 CFR §75.439).
C. Contractor Single Audit Reporting Requirements
1. Contractors that expend $750,000 or more in federal funds shall arrange for an audit to be performed as required by the Single Audit Act of 1984, Public Law 98-502; the Single Audit Act Amendments of 1996, Public Law 104-156; 2 CFR §200.501 to 200.521; and 45 CFR §75.501 to
75.521. A copy shall be submitted to the Agency on Aging’s mailing address:
Fresno-Madera Area Agency on Aging
2037 West Bullard Avenue #512
Fresno, California 93711
2. The copy shall be submitted within thirty (30) days after receipt of the auditor’s report or nine (9) months after the end of the audit period, whichever occurs first, or unless a longer period is agreed to in advance by the cognizant or oversight agency.
3. For purposes of reporting, the Contractor shall ensure that State-funded expenditures are displayed discretely along with the related federal expenditures in the single audit report’s “Schedule of Expenditures of Federal Awards” (SEFA) under the appropriate Catalog of Federal Domestic Assistance (CFDA) number as referenced in Section L of this Article.
4. For State contracts that do not have CFDA numbers, the Contractor shall ensure that the State-funded expenditures are discretely identified in the “Schedule of Expenditures of Federal Awards” by the appropriate program name, identifying Agency on Aging grant/contract number, and as passed-through the California Department of Aging.
D. The Contractor shall perform a reconciliation of the “Financial Closeout Report” to the audited financial statements, single audit, and general ledgers. 131
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The reconciliation shall be maintained and made available for Agency on Aging and CDA review.
E. Contractor Resolution of Contractor’s Subrecipients
The Contractor shall have the responsibility for resolving its contracts with subcontractors to determine whether funds approved under this Agreement are expended in accordance with applicable laws, regulations, and provisions of contracts or agreements. The Contractor shall, at a minimum, perform Contract Resolution with fifteen (15) months of the “Financial Closeout Report.”
F. The Contractor shall ensure that subcontractor single audit reports meet 2 CFR §200 and 45 CFR §75, Subparts F-Audit Requirements.
G. Contract resolution includes:
1. Ensuring that subcontractors expending $750,000 or more in federal awards during the subcontractor’s fiscal year have met the audit requirements of 2 CFR §200.501-200.521 and 45 CFR §75.501-75.521.
2. Issuing a management decision on audit findings within six (6) months after receipt of the subcontractor’s single audit report and ensuring that the subcontractor takes appropriate and timely corrective action;
3. Reconciling expenditures reported to the Agency on Aging to the amounts identified in the single audit or other type of audit, if the Contractor was not subject to the single audit requirements. For a Contractor who was not required to obtain a single audit and did not obtain another type of audit, the reconciliation of expenditures reported to the Agency on Aging must be accomplished through performing alternative procedures (e.g., risk assessment [2 CFR §200.331 and 45 CFR §75.352]; documented review of financial statements; and documented expense verification, including match; etc.).
H. When alternative procedures are used, the Contractor shall perform financial management system testing which provides, in part, for the following:
1. Accurate, current, and complete disclosure of the financial results of each federal award or program.
2. Records that identify adequately the source and application of funds for each federally funded activity.
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3. Effective control over, and accountability for, all funds, property, and other assets to ensure these items are used solely for authorized purposes.
4. Comparison of expenditures with budget amounts for each federal award.
5. Written procedures to implement the requirements of 2 CFR §200.305.
6. Written procedures for determining the allowability of costs in accordance with 2 CFR §200 and 45 CFR §75, Subparts E-Cost Principles. [2 CFR §200.302 and 45 CFR §75.302]
7. The Contractor shall document system and expense testing to show an acceptable level of reliability, including a review of actual source documents.
8. Determining whether the results of the reconciliations performed necessitate adjustment of the Contractor’s own records.
I. The Contractor shall ensure that subcontractor single audit reports meet 2 CFR §200 and 45 CFR §75, Subparts F – Audit Requirements:
1. Performed timely: Not less frequently than annually and a report submitted timely. The audit is required to be submitted within thirty (30) days after receipt of the auditor’s report or nine (9) months after the end of the audit period, whichever occurs first. [2 CFR §200.512 and 45 CFR §75.512]
2. Properly procured: Use procurement standards for auditor selection. [2 CFR §200.509 and 45 CFR §75.509]
3. Performed in accordance with Generally Accepted Government Auditing Standards. [2 CFR §200.514 and 45 CFR §75.514]
4. All inclusive: Includes an opinion (or disclaimer of opinion) of the financial statements; a report on internal control related to the financial statements and major programs; an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts; and the schedule of findings and questioned costs. [2 CFR §200.515 and 45 CFR §75.515]
5. Performed in accordance with provisions applicable to this program as identified in 2 CFR §200, and 45 CFR §75, Subpart F-Audit Requirements.
J. Requirements identified in this Article shall be included in Contractor’s contracts with Subcontractors. Further, the Contractor shall be required to include in its contract with the independent auditor that the auditor will comply 133
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with all applicable audit requirements/standards; Agency on Aging shall have access to all audit reports and supporting work papers, and Agency on Aging has the option to perform additional work, as needed.
K. The Contractor shall prepare a summary worksheet of results from the contract resolutions performed of all subcontractors. The summary worksheet shall include, but not limited to contract amounts; amounts resolved; amounts of match verified, resolution of variances; recovered amounts; whether an audit was relied upon or the contractor performed an independent expense verification review (alternative procedures) of the Contractor/Subcontractor in making a determination; whether audit findings were issued; an if applicable, issuance date of the management letter; and any communication or follow-up performed to resolve the findings.
L. A reasonably proportionate share of the costs of audits required by, and performed in accordance with the Single Audit Act Amendments of 1996, as implemented by requirements of this part, are allowable. However, the following audit costs are unallowable:
1. Any costs when audits required by the Single Audit Act, 2 CFR §200 and 45 CFR §75, Subparts F – Audit Requirements have not been conducted or have been conducted but not in accordance therewith; and
2. Any costs of auditing a non-federal entity that is exempted from having an audit conducted under the Single Audit Act, 2 CFR §200 and 45 CFR §75, Subparts F – Audit Requirements because its expenditures under federal awards are less than $750,000 during the non-federal entity’s fiscal year. a. The costs of a financial statement audit of a non-federal entity that does not currently have a federal award may be included in the indirect cost pool for a cost allocation plan or indirect cost proposal. b. Pass-through entities may charge federal awards for the cost of agreed-upon-procedures engagements to monitor subcontractors who are exempted from the requirements of the Single Audit Act, 2 CFR §200 and 45 CFR §75, Subparts F – Audit Requirements. This cost is allowable only if the agreed-upon-procedures engagements are conducted in accordance with Generally Accepted Government Auditing Standards (GAGAS) attestation standards, paid for and arranged by the pass-through entity, and limited in scope to one or more of the following types of compliance requirements: Activities allowed or not allowed; allowable costs/cost principles; eligibility; and reporting. [2 CFR 200.425]
M. This Section B applies only to Title III and Title VII. 134
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The following closely related programs identified by CFDA number are to be considered as an “other cluster” for purposes of determining major programs or whether a program-specific audit may be elected. The Contractor shall identify the CFDA titles and numbers to the independent auditor conducting the organization’s single audit along with each of its subcontractors. The funding source (Federal Grantor) for the following programs is the U.S.
Department of Health and Human Services, Administration for Community Living.
93.041 Special Programs for the Aging – Title VII-A, Chapter 3 – Programs for Prevention of Elder Abuse, Neglect, and
Exploitation (Title VII-A, Chapter 3)
93.042 Special Programs for the Aging – VII-A, Chapter 2 – Long Term Care Ombudsman Services for Older Individuals Title VII-A, Chapter 2)
93.043 Special Programs for the Aging – Title III, Part D – Disease Prevention and Health Promotion Services (Title III D)
93.044 Special Programs for the Aging – Title III, Part B – Grants for Supportive Services and Senior Centers (Title III B)
93.045 Special Programs for the Aging – Title III, Part C – Nutrition Services (Title III C)
93.052 National Family Caregiver Support Program – Title III, Part E (Title III E)
93.053 Nutrition Services Incentive Program (NSIP)
“Cluster of programs” means a grouping of closely related programs that share common compliance requirements. The types of clusters of programs are research and development, student financial aid, and other clusters. “Other clusters” are defined by the consolidated CFR in the Compliance Supplement or as designated by a state for federal awards provided to its subcontractors that meet the definition of “cluster of programs.” When designating an “other cluster,” a state shall identify the federal awards included in the cluster and advise the subcontractors of compliance requirements applicable to the cluster. A “cluster of programs” shall be considered as one program for determining major programs, as described in 45 CFR §75.525(a), whether a program-specific audit may be elected. (Federal Office of Management and Budget, [45 CFR §75 Requirements], Audits of States, Local Governments [45 CFR §75 Appendix V to Part 75 F.1], and Non-Profit Organizations [45 CFR §75 Appendix IV to Part 75 C.2.a])
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M. The Contractor must indicate which method of providing audit compliance will be in force during this Agreement (Appendix D, Method of Providing Audit Compliance).
ARTICLE XV. INSURANCE
A. Prior to commencement of any work under this Agreement, the Contractor shall provide for the term of this Agreement, the following insurance:
1. General Liability of not less than $1,000,000 per occurrence for bodily injury and property damage combined (higher limits may be required by the Agency on Aging in cases of higher than usual risks).
2. Automobile Liability, including non-owned automobile liability, of not less than $1,000,000 for volunteers and paid employees providing services supported by this Agreement.
If applicable, or unless otherwise amended by future regulation, the Contractor and subcontractors shall comply with the Public Utilities Commission General Order No. 115-G which requires higher levels of insurance for charter-party carriers of passengers and is based on seating capacity as follows:
• $ 750,000 if seating capacity is under 8.
• $1,500,000 if seating capacity is 8–15.
• $5,000,000 if seating capacity is over 15.
3. Professional Liability of not less than $1,000,000 as it appropriately relates to services rendered. Coverage shall include medical malpractice and/or errors and omissions. (All programs except Title V).
B.
The insurance will be obtained from an insurance company acceptable to the State Department of General Services, Office of Risk and Insurance Management, or be provided through partial or total self-insurance acceptable to the State Department of General Services (DGS).
C. Evidence of insurance shall be in a form and content acceptable to the State Department of General Services, Office of Risk and Insurance Management.
D The Contractor shall notify the Agency on Aging within five (5) business days of any cancellation, non-renewal, or material change that affects required insurance coverage.
E. Insurance obtained through commercial carriers shall meet the following requirements:
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1. The Certificate of Insurance shall include the Contract Number listed on page 1 of this Agreement and provide the statement:
“The Fresno-Madera Area Agency on Aging, its officers, agents, employees, and servants are included as additional insureds, with respect to work performed for the Fresno-Madera Area Agency on Aging under this Agreement.”
Professional Liability coverage is exempt from this requirement.
2. The Fresno-Madera Area Agency on Aging shall be named as the certificate holder and its mailing address (2037 West Bullard Avenue, #512, Fresno, CA 93711) must be listed on the certificate.
F. The insurance provided herein shall be in effect at all times during the term of this Agreement. In the event the insurance coverage expires during the term of this Agreement, the Contractor agrees to provide the Agency on Aging, at least thirty (30) days prior to the expiration date, a new Certificate of Insurance evidencing insurance coverage as provided herein for a period not less than the remaining Agreement term or for a period not less than one (1) year. In the event the Contractor fails to keep in effect at all times said insurance coverage, the Agency on Aging may, in addition to any other remedies it may have, terminate this Agreement.
G. A copy of each appropriate Certificate of Insurance, or letter of self-insurance, referencing this Agreement number shall be submitted to the Agency on Aging with this Agreement.
H. The Contractor shall be insured against liability for Worker’s Compensation, or undertake self-insurance in accordance with the provisions of the California Labor Code and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. [Cal. Labor Code §3700]
I. The entity providing Ombudsman services must be insured or self-insured for professional liability covering all Ombudsman activities including, but not limited to, investigation of patient complaints.
J. Contractor agrees to indemnify, defend, and save harmless the Fresno- Madera Area Agency on Aging, State of California, their officers, agents, and employees from any and all claims and losses occurring or resulting to any and all Contractors, subcontractors, material, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement, and also from any and all claims and losses occurring or resulting in any person, firm or corporation, 137
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who may be injured or damaged by Contractor in the performance of this Agreement.
ARTICLE XVI. DONATIONS
A. The Contractor assures that voluntary contributions shall be allowed and may be solicited in accordance with the following requirements [OAA §315(b)]:
1. The Contractor or any subcontractors for any Title III or Title VII-A services shall not use means tests.
2. Any Title III or Title VII-A client who does not contribute toward the cost of the services received shall not be denied services.
3. Methods used to solicit voluntary contributions for Title III and Title VII-A services shall be non-coercive. Donation letters sent to clients shall stipulate that contributions are voluntary and not required to receive service. Donation letters may not resemble a bill or statement.
4. Each Contractor will:
a. Provide each recipient with an opportunity to voluntarily contribute to the cost of the service;
b. Clearly inform each recipient that there is no obligation to contribute and that the contribution is purely voluntary;
c. Protect the privacy and confidentiality of each recipient with respect to the recipient’s contribution or lack of contribution; and d. Establish appropriate procedures to safeguard and account for all contributions.
e. Use all collected contributions to expand the services for which the contributions were given and to supplement (not supplant) funds received under this Agreement.
ARTICLE XVII. TERMINATION
A. Termination Without Cause
1. The Agency on Aging may terminate performance of work under this Agreement at any time during the Agreement term, without cause in whole or in part, if the Agency on Aging determines that a termination is in the Agency on Aging’s best interest, upon ninety (90) days written notice to the Contractor. The Notice of Termination shall specify the 138
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extent of the termination and shall be effective ninety (90) days from the delivery of the Notice.
The Agency on Aging may, at its discretion, decline to negotiate additional one-year Agreement periods with the Contractor beyond the initial one-year contract award term, or, as a result of the Request for Proposal process, reject the Contractor’s proposal for provision of service beyond the term of this Agreement; in such cases, the Agency on Aging shall provide a minimum of thirty (30) days written notice to the Contractor of non-renewal or non-award of the contract, effective on the last day of the term of this Agreement.
The parties agree that if the termination of the contract is due to a reduction or deletion of funding by the Department of Finance (DOF), Legislature, or Congress, the Notice of Termination shall be effective thirty (30) days from the delivery of the Notice from the State of California to the Agency on Aging.
The parties agree that for the terminated portion of the Agreement, the remainder of Agreement shall be deemed to remain in effect and is not void.
2. The Contractor may terminate this Agreement at any time during the Agreement term by giving the Agency on Aging ninety (90) days written notice. In the event of termination notice, the Agency on Aging will present written notice to the Contractor of any condition, such as, but not limited to, transfer of clients, care of clients, return of unspent funds, and disposition of property, which must be met prior to termination of the Agreement.
3. Contractor shall, at least ninety (90) days prior to the end of the term of this Agreement, give written notice to the Agency on Aging if it intends to discontinue provision of any programs or services included in this Agreement during the subsequent Agreement period. The purpose of this requirement is to provide sufficient planning and transition time during the course of this Agreement period to ensure continuity of services to clients.
B. Termination for Cause
1. The Agency on Aging may terminate, in whole or in part, for cause the performance of work under this Agreement. Agency on Aging mat terminate this agreement upon thirty (30) days written notice to the contractor. The Notice of Termination shall be effective thirty (30) days from the delivery of the Notice of Termination unless the grounds for 139
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termination are due to threat to life, health or safety of the public and in that case, the termination shall take effect immediately. The Contractor shall submit to the Agency on Aging a Transition Plan as specified in this agreement. The grounds for termination for cause shall include, but are not limited to, the following:
a. In case of threat of life, health, or safety to the public, termination of the agreement shall be effective immediately.
b. A violation of the law or failure to comply with any condition of this Agreement.
c. Inadequate performance or failure to make progress so as to endanger performance of this Agreement.
d. Failure to comply with reporting requirements.
e. Evidence that the Contractor is in an unsatisfactory financial condition as determined by an audit of the Contractor or evidence of a financial condition that endangers performance of this Agreement and/or the loss of other funding sources.
f. Delinquency in payment of taxes or payment of costs for performance of this Agreement in the ordinary course of business. g. Appointment of a trustee, receiver, or liquidator for all or a substantial part of the Contractor’s property, or institution of bankruptcy, reorganization or the arrangement of liquidation proceedings by or against the Contractor.
h. Service of any writ of attachment, levy of execution, or commencement of garnishment proceedings against the
Contractor’s assets or income.
i. The commission of an act of bankruptcy.
j. Finding of debarment or suspension.
k. The Contractor’s organizational structure has materially changed. l. The Agency on Aging determines that the Contractor may be considered a “high risk” agency as described in 2 CFR 200.205 AND 45 CFR 75.205. If such a determination is made, the Contractor may be subject to special conditions or restrictions, as described in Appendix F, Sanction Policy.
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m. Program operations have been suspended for more than three (3) consecutive months in any budget year, unless a longer period is granted in writing by the Agency on Aging.
2. Termination of this Agreement shall take effect immediately in the case of an emergency, such as threat to life, health, or safety of the public, or when program operations have been suspended for more than three (3) consecutive months in any budget year. In all other cases of termination for cause, the termination shall take effect thirty (30) days subsequent to written notice to the Contractor.
3. In the event of termination for cause, the Agency on Aging may proceed with the work in any manner deemed proper by the State. All costs to the Agency on Aging shall be deducted from any sum due the Contractor under this agreement and the balance, if any, shall be paid to the Contractor upon demand.
C. In the event of termination of this Agreement by the Agency on Aging, the Agency will present written notice to the Contractor describing the action being taken by the Agency on Aging, the reason for such action, and any conditions of the termination, including, but not limited to, the date of termination, transfer of clients, care of clients, return of unspent funds, and disposition of property, which must be met prior to termination. Said notice shall also inform the Contractor of its right to appeal such decision to the Agency on Aging and of the procedure for doing so. (Appendix G, Appeal Procedure for Service Providers)
D. Contractor’s Obligation After Notice of Termination
1. After receipt of a notice of termination, and except as directed by the Agency on Aging, the Contractor shall immediately proceed with the following obligations, as applicable, regardless of any delay in determining or adjusting any funds due under this clause.
The Contractor shall:
a. Stop work as specified in the Notice of Termination; b. Place no further subcontracts for materials, or services, except as necessary to complete the continued portion of the contract; c. Terminate all subcontracts to the extent they relate to the work terminated;
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Terms and Conditions Declaration
d. Settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts (the approval or ratification of which will be final for purposes of this clause); and e. Comply with all additional terms of this Agreement pertaining to termination or cancellation of the Agreement.
ARTICLE XVIII. REMEDIES AND APPEAL PROCESS
A. The Contractor agrees that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the Agency on Aging as a result of a breach of this Agreement by the Contractor, whether such breach occurs before or after completion of the project. Specifically, the Agency on Aging reserves the right to pursue all remedies allowed to it under the Older Americans Act, and all regulations adopted pursuant to the Act or implementing the Act, regarding the expenditure of federal funds.
B. The Contractor may appeal an adverse determination by the Agency on Aging using the Appeal Procedure for Service Providers, which is set forth in Appendix G, for actions subject to appeal, as defined in Appendix G, Section I.A, Actions Subject to Appeal.
C. The Contractor may appeal the Agency on Aging’s final adverse determination once all administrative remedies contained in Appendix G, Appeal Procedure for Service Providers, have been exhausted, using the appeal process established in Title 22 CCR §7700 to 7710.
D. The Contractor shall continue with the responsibilities under this Agreement during any dispute.
E. Appeal costs or costs associated with any court review are not reimbursable.
ARTICLE XIX. AMENDMENTS, REVISIONS OR MODIFICATIONS
A. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed, and approved by both parties; the Agency on Aging, and by a duly authorized representative of the Contractor. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties.
B. Any provision of this Agreement which conflicts with current or future applicable federal or state laws is hereby amended to conform to the provisions of those laws. Such amendment of this Agreement shall be effective on the effective date of the laws necessitating it and shall be binding on the parties even though such amendment may not have been reduced in writing and formally agreed upon and executed by the parties.
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Terms and Conditions Declaration
C. Failure by the contractor to take necessary actions required by amendments to this agreement shall constitute a material violation. An amendment is required to change the Contractor’s name as listed on this Agreement. Any notice given to the Agency on Aging for a Contractor’s change of legal name, main address, or name of Director shall be addressed to the Fresno-Madera Agency on Aging’s Executive Director and/or Program Director on the Contractor’s letterhead. Upon receipt of legal documentation of the name change, the Agency on Aging will process the amendment. Invoices presented by the Contractor with the Contractor’s new name cannot be paid prior to the Agency on Aging’s approval of said amendment.
D. The Agency on Aging reserves the right to revise, waive, or modify the Agreement to reflect any restrictions, limitations, or conditions enacted by Congress or the Legislature or as directed by the Executive Branch and State government.
ARTICLE XX. NOTICES
A. Any notice to be given hereunder by either party to the other may be affected by personal delivery in writing or by registered or certified mail, overnight mail, postage prepaid, return receipt requested, provided the contractor retains receipt, and shall be communicated of actual receipt.
B. Notices to the Agency on Aging shall be addressed to the Fresno-Madera Area Agency on Aging at its current mailing address, 2037 West Bullard Avenue, #512, Fresno, CA 93711, and notices to the Contractor shall be addressed to the Contractor’s address as indicated on page 1 of this Agreement, unless otherwise requested in writing.
C. Each party may change its address originally provided in this Agreement by written notice to the other party in accordance with this Article.
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DOCUMENTS REQUIRED TO EXECUTE CONTRACT
Documents Required to Execute Contract i FY 2024-2025
Area Plan Grant Award
Please return two sets of all contract pages in the order provided by the Agency on Aging.
The following contract documents require signatures and entries on both sets of documents.
Type entries and enter original signatures in ink on both sets of documents:
Must include signature of individual named on Exhibit E, page 5, as having primary, hands-on involvement & oversight of day-to-day operations; and signature of individual authorized by governing board to execute the contract (see Appendix A).
Appendix A, Resolution of Authorization to Contract
Must contain signature of chair of service provider’s governing board.
Appendix B, Contractor Certification Clauses
Must contain signature of individual authorized by governing board to execute the contract (see Appendix A).
Appendix C, Information Integrity and Security Statement Must contain signature of individual authorized by governing board to execute the contract (see Appendix A).
Also, check appropriate box under “Certify” at bottom of page 2 to indicate 128-bit Encryption compliance status.
Appendix K, Request for Taxpayer Identification Number and Certification (W-9) Part II, Certification, must contain signature of individual authorized by governing board to execute the contract (see Appendix A). Only page 1, signature page required (do not submit pages 2-6).
The following contract documents require typed entries on both sets of documents:
Appendix D, Method of Providing Audit Compliance
Exhibit B, Budget: Email Excel version to [email protected]; submit 2 hard copies with contract.
Exhibit E, Program Narrative: Email Word version to [email protected], submit 2 hard copies with contract.
Exhibit F, Service Provider Emergency Resource Information Please attach two sets of the following to this page:
1. List of all proposed subcontractors for this Agreement (if any), and, following review of Agency on Aging contract, copy of proposed contract template to be used for subcontractors.
2. Certificate(s) of Insurance Please review Article XV of Agreement prior to arranging for certificate to ensure all contractual requirements for insurance certificate are met and specific contract language included on certificate.
3. Copy of IRS Determination Letter of Tax-Exempt Status if a non-governmental organization.
4. Organizational chart, including names and position titles for contracted program
5. Job Description and Resume of individual named on Exhibit E, page 5, who has primary, hands-on involvement and oversight of the day-to-day operations of the contracted program
6. List of Governing Board members
7. List of Advisory Council or Advisory Committee members (if applicable)
8. Current documents (i.e. flyers, brochures) used to promote the contracted program
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Resolution of
Authorization to Contract
Appendix A FY 2024-2025
APPENDIX A
RESOLUTION OF AUTHORIZATION TO CONTRACT
The governing board of
(Service Provider)
hereby authorizes
(Name and Title)
to execute the contract(s) listed on Page 1 of this Agreement with the Fresno - Madera Area Agency on Aging for the fiscal year beginning July 1, 2024 to June 30, 2025 including any subsequent amendments and all necessary supporting documents.
Name of Chair (Please Print)
Governing Board
Signature of Chair
Governing Board
Date
145
APPENDIX B
CONTRACTOR CERTIFICATION CLAUSES
Contractor Certification
Clauses
Appendix B FY 2024-205
Contractor/Bidder Firm Name (Printed)
Federal ID Number
Date Executed
Executed in the County of
CERTIFICATION:
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.
By (Authorized Signature)
Printed Name and Title of Person Signing
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS : Contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations.
Nathan Olson, City Manager
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APPENDIX B
CONTRACTOR CERTIFICATION CLAUSES
Contractor Certification
Clauses
Appendix B FY 2024-205
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full-time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished 147
APPENDIX B
CONTRACTOR CERTIFICATION CLAUSES
Contractor Certification
Clauses
Appendix B FY 2024-205
to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 148
APPENDIX B
CONTRACTOR CERTIFICATION CLAUSES
Contractor Certification
Clauses
Appendix B FY 2024-205
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit.
Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing 149
Contractor Certification
Clauses
Appendix B – Page 5 FY 2024-2025
by calling the Office of the Secretary of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.
150
APPENDIX C
INFORMATION INTEGRITY AND SECURITY STATEMENT
Information Integrity and
Security Statement
Appendix C – Page 1 FY 2024-2025
In compliance with California Government Code Section 11019.9, California Civil Code Section 1798 et seq., Department of General Services Management Memo 06-12, and Statewide Information Management Manual (SIMM) 5300 the California Department of Aging (CDA) hereby requires the Contractor/Vendor to:
ACKNOWLEDGE:
• Any wrongful access, inspection, use, or disclosure of Personal, Confidential or Sensitive Information (PSCI) is a crime and is prohibited under state and federal laws, including but not limited to California Penal Code Section 502, California Government Code Section 15619, California Civil Code Section 1798.53 and 1798.55, and the Health Insurance Portability and Accountability Act. Acknowledge. • Any wrongful access, inspection, use, disclosure, or modification of PSCI information may result in termination of this Contract/Agreement.
MEET THE FOLLOWING REQUIREMENTS:
• PSCI information shall be protected from disclosure in accordance with all applicable laws, regulations, and policies.
• PSCI data be protected by authorized access using the principles of least privilege. • Any occurrence that actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system or the information the system processes, stores, or transmits or that constitutes a violation or imminent threat of violation of security policies, security procedures or acceptable use policies will immediately be reported to CDA by completing a Security Incident Report CDA (1025A and 1025B). • All access codes which allow access to confidential information will be properly safeguarded.
• Obligations to protect PSCI information obtained under this Contract/Agreement will continue after termination of the Contract/Agreement with CDA. • All employees/subcontractors of the Contractor/Vendor will complete the required Security Awareness Training module located at
https://aging.ca.gov/Information_security/ within 30 days of the start date of the Contract/ Agreement or within 30 days of the start date of any new employee or subcontractor. This training must be completed annually.
• All employees/subcontractors of the Contractor/Vendor must comply with CDA’s confidentiality and data security requirements as outlined in the Contract/Agreement. • All employees/subcontractors of
the Contract/Vendor must comply with the Area Plan
Terms and Conditions Agreement, Article V, Section H Information Confidentiality and Security requirements as outlined in the contract.
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APPENDIX C
INFORMATION INTEGRITY AND SECURITY STATEMENT
Information Integrity and
Security Statement
Appendix C – Page 2 FY 2024-2025
CERTIFY:
To protect PSCI information by:
• Accessing, inspecting, using, disclosing or modifying PSCI information only for the purpose of performing official duties.
• Never accessing, inspecting, using, disclosing, or modifying PSCI information for curiosity, personal gain, or any non-business-related reason. • Securing PSCI information in approved locations.
• Never removing PSCI information from the work site without authorization.
Meets the encryption requirements in Article V, Section H of the Area Plan Terms and Conditions Agreement:
Is in full compliance with the 128 Encryption requirements Is not in compliance with the 128 Encryption requirements and will achieve compliance by
I hereby certify that I have reviewed this Confidentiality Statement and will comply with the above statements.
Vendor Printed Name and Title
Vendor Signature Date
Program Name Contract Number
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APPENDIX D
METHOD OF PROVIDING AUDIT COMPLIANCE
Audit Compliance
The service provider shall indicate which method of providing audit compliance to the Fresno-Madera Area Agency on Aging (Agency on Aging) will be in force during this Agreement.
1. Review Article XIV of this Agreement (Audit Requirements).
2. Place a checkmark in the appropriate box below:
An independent audit shall be performed in accordance with the requirements of 2 CFR §200, Subpart F - Audit Requirements, and 45 CFR §75, Subpart F - Audit Requirements, and a copy submitted to the Agency on Aging.
An independent audit shall be performed and a copy submitted to the Agency on Aging.
All supporting documentation shall be submitted to the Agency on Aging for review along with any request for reimbursement.
Enter Fiscal Year Ending Date
Month Day Year
Method of Providing Appendix D FY 2024-2025
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APPENDIX E
REQUIRED REPORTS AND DUE DATES
Required Reports & Due Dates Appendix E – Page 1 FY 2024-2025 Fiscal Reports
*Expenditure Reports by Program
Title III B, Title III C, Title III D, and Title VII Programs Due 15th of each month • Monthly Report of Expenditures and
Donations Revenue
Title III E Family Caregiver Support Program Due 15th of each month • Title III E Monthly Report of Expenditures
Health Insurance Counseling and Advocacy Program Due 15th of each month • HICAP Monthly Report of Expenditure/Request for Funds (CDA 245) Long-Term Care Ombudsman Program Due 15th of each month • Budget Summary/Monthly Expenditure Report & Request for Funds, Special Deposit Fund & Skilled Nursing Facility Quality and Accountability Fund (CDA-OMB-300) * Payments are made by the last day of the month for accurate expenditure reports received by the due date. Late or inaccurate expenditure report submissions will result in delay of payments until reporting requirements have been met.
Additional Fiscal Reports – All Programs
• Final Budget Revisions
o Due by March 15th
• Annual Financial Close Out Report and FMAAA 32, Fixed Assets Acquired through Grants with the Fresno-Madera Area Agency on Aging
o Due by July 15th with exception of HICAP
▪ HICAP Financial Closeout Report for federal and State funds from April 1- March 31 due by April 30th
• Copy of Audit, as required by contract
o Due within 30 days after receipt of auditor’s report, or nine months after end of audit period, whichever is earliest
• Request to Dispose of Property (FMAAA 248)
o Due within 5 days of the loss, destruction, or theft of property, or if the property will no longer be used for the contracted program
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APPENDIX E
REQUIRED REPORTS AND DUE DATES
Required Reports & Due Dates Appendix E – Page 2 FY 2024-2025 Program Reports
Monthly Service Unit Report (Form 186M)
Due 7th working day of month:
• Title III D Health Promotion – Evidence-Based
• Title III E Family Caregiver Support Program
• Title VII (b) Elder Abuse Prevention, Education, & Training Due 15th of each month:
• Health Insurance Counseling and Advocacy Program (HICAP) o Attach final version of HICAP Performance Measures and Benchmark Report generated from SHARP system for reporting month
Due 17th of month:
• Title III B Legal Assistance
*Monthly Title III C Elderly Nutrition Program Reports
Due 7th working day of month:
• Q Monthly Service Roster with client signatures and a “1” entered for in date column for each meal served
• Daily Sign-In Sheets with initials entered by client for each meal • Associated
Client Intake Forms (originals; must be completed July 1, 2024 or later) • Client Deactivation Request
• Nutrition Volunteer Summary Report
• Food Preparation Center Food Service Check Sheet
*See Policy and Procedure Manual, provided to Site Coordinator, for full instructions.
Quarterly Reports
Due 15th of month following reporting period:
• Title VII (b) Elder Abuse Prevention Quarterly Activity Report (CDA 1037) • Due 17th of month following reporting period:
• Title III B California Legal Services Quarterly Client and Case Data Export Excel Files Due 30th of month following reporting period:
• Long-Term Care Ombudsman Program
o Copy of completed Quarterly Ombudsman Reporting Form (OSLTCO S301) as submitted to the California Department of Aging
▪ Attach program performance data from the Ombudsman Data Integration Network for July 1st through last day of reporting quarter. 155
APPENDIX F
FRESNO-MADERA AREA AGENCY ON AGING SANCTION POLICY
Sanction Policy Appendix F – Page 1 FY 2024-2025
I. At-Risk Designation
Title 45 of the Code of Federal Regulations (45 CFR), sections 75.205 and
92.12, defines factors that determine if an Agreement with a Contractor is at risk. In accordance with 45 CFR, the Fresno-Madera Area Agency on Aging (Agency on Aging) may consider an Agreement with a Contractor to be at -risk if the Agency on Aging determines that the Contractor:
A. Has a history of unsatisfactory performance, for which examples include, but are not limited to:
1. Grant funds are not obligated properly, are not disbursed, or are not spent for the contracted purpose;
2. Financial reports do not include program income and the required match of funds;
3. The quantity of service units provided is less than 95% of th e projected level at any time following the third month of the Agreement period;
4. The Targeting Plan is not implemented as described in the Program Narrative section of the Agreement;
5. Complaints received from clients, their caretakers, or the general public indicate that the Contractor is not providing the contracted service at a satisfactory level.
B. Is not financially stable;
C. Has a management system which does not meet the management standards set forth in Article VI, Section B, Accountability for Funds , of this Agreement;
D. Has not conformed to terms and conditions of previous awards; or E. Is otherwise not responsible, for which examples include, but are not limited, to:
1. Financial or program reports are late, incorrect, or incomplete;
2. Responses to corrective actions requested by the Agency on Aging are not provided by the due date;
3. Corrective action plans are not implemented by the due date;
4. Findings from a prior contract monitoring are repeated in a subsequent monitoring;
156
Sanction Policy Appendix F – Page 2 FY 2024-2025
5. Failure to respond to telephone or written communications from the Agency on Aging in a timely manner; or
6. A violation of the law or failure to comply with any condition of this Agreement.
II. Sanctions
The Agency on Aging may impose sanctions (special conditions and/or restrictions) on the Contr actor that correspond to the at -risk condition. Such sanctions may include:
A. Withholding of funds;
B. Requiring additional, more detailed, and/or more frequent financial and/or program reports;
C. Requiring preparation and implementation of an acceptable corrective action plan;
D. Additional contract monitoring;
E. Requiring the Contractor to obtain technical or management assistance; F. Establishing additional prior approvals; and/or
G. Withholding authority to continue provision of service within a given funding period.
Sanctions may be imposed upon approval by the Executive Director of the Agency on Aging, with the exception of Item II.G above, which requires approval by the Agency on Aging Governing Board.
For sanctions identified in Items II.A through II.F above, the A gency on Aging will promptly remove sanctions once the conditions that prompted them have been corrected.
For the sanction identified in Item II.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.
III. 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:
157
Sanction Policy Appendix F – Page 3 FY 2024-2025
A. The nature of the sanctions;
B. The reason(s) for imposing them;
C. The effective date of the sanctions;
D. The legal or contractual citation upon which the sanction is based; E. The corrective actions which must be taken before they will be removed and the time allowed for completing the corrective actions; and F. The Agency on Aging’s appeal procedure for service providers.
IV. Unresolved At-Risk Condition(s)
Should the at -risk co ndition(s) remain unresolved following the imposition of sanctions, the Agency on Aging may proceed to terminate the Agreement with the Contractor, in accordance with the Termination section of this Agreement (Article XVII, Title III and Title VI Area Plan Contracts; Article XVI, Health Insurance Counseling and Advocacy Program Contract).
158
APPENDIX G
FRESNO-MADERA AREA AGENCY ON AGING
APPEAL PROCEDURE FOR SERVICE PROVIDERS
Appeal Procedure Appendix G – Page 1 FY 2024-2025
for Service Providers
I. Actions Subject to Appeal
A. A contracted or potential provider of service (service provider) has the right to appeal an adverse determination made by the Fresno- Madera Area Agency on Aging (A gency on Aging). The actions below shall be considered adverse determinations that are subject to appeal [Title 22 CCR §7704 (c)(1) – (c)(3)(C)]:
1. A reduction in the level of funding to an existing Contractor during an Agreement period; however, a reduction directly attributable to a reduction in the funding to the Area Agency on Aging by the State or federal government shall not be considered an adverse determination.
2. A cancellation or t ermination of an existing Agreement with the Contractor prior to the Agreement’s expiration date.
3. Denial of an application to provide services when any of the following exist:
a) The presence of a conflict of interest, real or apparent, as specified in 45 CFR 92.36(b)(3);
b) The occurrence of a procedural error or omission, such as the failure of the Agency on Aging to include a federal mandate in its solicitation request;
c) The lack of substantial evidence to support the Agency on Aging’s action.
II. Method of Notification
A. The service provider shall provide notification of appeals, and the Agency on Aging shall provide notification of subsequent appeals determinations, by certified or overnight mail, return receipt requested.
B. Notices to the Agency on Aging shall be addressed to the Fresno- Madera Area Agency on Aging, 2037 W. Bullard Ave., #512, Fresno, CA 93711. 159
Appeal Procedure Appendix G – Page 2 FY 2024-2025
for Service Providers
C. The Agency on Aging shall transmit notification to the address listed on the service provider’s appeal; if this address differs from the address listed on page 1 of the service provider’s Agreement with the Agency on Aging , the Agency on Aging shall transmit a copy of the notification to the address contained on page 1 of the Agreement.
D. The Agency on Aging shall include a copy of this Appeal Procedure for Service Providers with all notifications to service providers of adverse appeals determinations.
III. Process
A. The service provider shall give notice of intent to appeal to the Executive Director of the Agency on Aging within ten (10) business days of the Agency on Aging’s notice of adverse determination. The notice of intent to appeal shall be in writing, must state the specific grounds upon which the action by the Agency on Aging is appealed, and must be accompanied by all supporting documents.
B. The Executive Director of the Agency on Aging shall investigate the appeal and issue a written determination to the service provider within fifteen (15) business days of receipt of the appeal. The determination shall set forth the Agency on Aging’s position and specify applicable sections of the service provider’s Agreement with the Agency on Aging, government regulations, government statutes, or other provisions relied upon.
C. If the service provider is dissatisfied with the Agency on Aging Executive Director’s determination, the service provider may appeal to the Executive Committee of the Agency on Aging Governing Board within ten (10) business days of the date of the Agency on Aging Executive Director’s written determination. The appeal shall be in writing, shall specify the grounds upon which the determination is appealed, and must be accompanied by all supporting documents.
D. The Executive Committee of the Agency on Aging Governing Board (Executive Committee) shall, within fifteen (15) business days of receipt of the service provider’s appeal:
1. Review the service provider’s appeal, considering any additional evidence or documentation provided by the Agency on Aging Executive Director;
2. Determine if the appeal should be denied, or if a recommendation should be made to the full Agency on Aging Governing Board at its next scheduled meeting to take action to grant the appeal; and 160
Appeal Procedure Appendix G – Page 3 FY 2024-2025
for Service Providers
3. Provide written notification of its determination to the service provider.
E. If the service provider is dissatisfied with the Executive Committee’s determination, the service provider may request a hearing before the full Agency on Aging Governing Board. The service provider must request the hearing within ten (10) business days of the Executive Committee’s written notification of determination. The hearing request shall be in writing, shall specify the grounds upon which the determination is appealed, and must be accompanied by all supporting documents.
F. If the Agency on Aging Governing Board does not accept and implement the Executive Committee’s recommendation to grant the service provider’s appeal:
1. The Agency on Aging shall provide written notification to the service provider of the Governing Board’s decision within two (2) business days following the decision;
2. The service provider may request a hearing before the Agency on Aging Governing Board. The service provider must request the hearing within ten (10) business days of the date of the notification of the Agency on Aging Governing Board’s decision . The hearing request shall be in writing, shall specify the grounds upon which t he determination is appealed, and must be accompanied by all supporting documents.
G. Upon receipt of the service provider’s request for a hearing before the Agency on Aging Governing Board, the Agency on Aging will place the hearing on the agenda of the next regularly scheduled meeting of the Agency on Aging Governing Board, and provide the service provider with a copy of the published agenda.
1. The hearing before the Agency on Aging Governing Board shall consist of:
a) Receipt and review of all previously subm itted 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
161
Appeal Procedure Appendix G – Page 4 FY 2024-2025
for Service Providers
d) An oral presentation by the Agency on Aging Executive Director and/or Agency on Aging staff, not to exceed thirty (30) minutes.
2. At the conclusion of the hearing, the Agency on Aging Governing Board shall vote to accept or deny the service provider’s appeal.
a) If the appeal is denied, the Agency on Aging Governing Board shall notify the service provider in writing of the reason(s) the appeal was denied, including a statement that all appeal procedures to the Agency on Aging and its
Governing Board have been exhausted, and of the service provider’s right to appeal the Governing Board’s decision to the California Department of Aging. Such notification shall include a copy of Sections 7700 through 7710 of Title 22 of the California Code of Regulations, which contains the
process for appealing the determination to the California Department of Aging.
162
Fresno-Madera Area Agency on Aging
Contact List for Service Providers
Appendix H FY 2024-2025
APPENDIX H
FRESNO-MADERA AREA AGENCY ON AGING
2520 WEST SHAW LANE, SUITE 101A, FRESNO CA 93711
PROGRAM CONTACT LIST FOR SERVICE PROVIDERS
Telephone Number for All Contacts: (559) 214-0299
Jamie Sharma – Ext. 500
Executive Director
Email: [email protected]
Fax: (559) 243-5918
Paul Bustamante – Ext. 501
Director of Finance
Email: [email protected]
Fax: (559) 243-5918
Hillaree Bennett – Ext. 102
Program Director
Email: [email protected]
Fax: (559) 243-5918
Vacant – Ext. 401
Finance Manager
Email: [email protected]
Fax: (559) 243-5918
Sarah Santoyo--Ext 201
Nutrition Program Manager
Email: [email protected]
Fax: 559-243-5918
163
APPENDIX I
FRESNO-MADERA AREA AGENCY ON AGING
Fresno-Madera Area Agency on Aging
Emergency Contact Information
Appendix I FY 2024-2025
EMERGENCY CONTACT INFORMATION
Information and Assistance: (559) 214-0299
(800) 510-2020
Executive Director,
Emergency Coordinator,
and Public Relations Officer
Jamie Sharma
Office Address: 2520 W. Shaw Lane #101A
Fresno, CA 93711
Mailing Address: 2037 W. Bullard Ave. #512
Fresno, CA 93711
Office Phone: (559) 214-0299 Ext. 500
Program Director,
Alternate Emergency
Coordinator
Hillaree Bennett
Office Address: 2520 W. Shaw Lane #101A
Fresno, CA 93711
Mailing Address: 2037 W. Bullard Ave. #512
Fresno, CA 93711
Office Phone: (559) 319-0863
164
APPENDIX J
COMMUNITY FOCAL POINTS LIST
Community Focal Points Appendix J FY 2024-2025
CCR Title 22, Article 3, Section 7302(a)(14), 45 CFR Section 1321.53(c), OAA 2006 306(a) Definition of Focal Point: A facility established to encourage the maximum collocation and coordination of services for older individuals. (42 USC Section 3002 (21)) Planning and Service Area 14 - Designated Community Focal Points Fresno County
Fresno-Madera Area Agency on Aging 2520 W. Shaw Ln. #101A Fresno, CA 93711 Clovis Senior Center 753 3RD St. Clovis, CA 93612
Coalinga Senior Center 220 E. Forest Ave. Coalinga, CA 93210 Firebaugh Senior Center 1601 Thomas Conboy Ave. Firebaugh, CA 93622 Huron Senior Center 16900 5th St. Huron, CA 93234
Inspiration Park 5770 W Gettysburg Ave Fresno, CA 93722 Kerman Senior Center 720 S. 8th St. Kerman, CA 93630
Kingsburg Senior Center 1450 Ellis St. Kingsburg, CA 93631 Mary Ella Brown Community Center 1350 E. Annadale Ave. Fresno, CA 93706 Mendota Senior Center 415 Sorenson Ave. Mendota, CA 93640 Mosqueda Community Center 3670 E. Butler Ave. Fresno, CA 93702 Orange Cove Senior Center 699 6th St. Orange Cove, CA 93646 Pinedale Community Center 7170 N. San Pablo Ave. Pinedale, CA 93650 Reedley Senior Center 100 N. East Ave. Reedley, CA 93654 Sanger Senior Center 730 Recreation Ave. Sanger, CA 93657 Sierra Oaks Senior and Community Center 33276 Lodge Rd. Tollhouse, CA 93667 Ted C. Wills Community Center 770 N. San Pablo Ave. Fresno, CA 93728 Madera County
Chowchilla Senior Center 820 Robertson Blvd. Chowchilla, CA 93610 Frank A. Bergon Senior Center 238 S. D St. Madera, CA 93637 Pan-American Community Center 703 E. Sherwood Way Madera, CA 93638 Ranchos/Hills Senior Center 37330 Berkshire Dr. Madera Ranchos, CA 93636 Sierra Senior Center 49111 Cinder Ln. Oakhurst, CA 93644 Coarsegold Community Center 35610 CA-41 Coarsegold, CA 93614 North Fork Scout Center 33507 Rd. 230 North Fork, CA 93643 165
APPENDIX K
REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION
Please complete and sign Internal Revenue Service Form W-9, which is provided on the next page.
Please return only the signature page (page 1). Pages 2-6 are provided for your information only.
Request for Taxpayer Identification Appendix K FY 2024-2025 166
,",," lllf-g Request for Taxpayel
ldentification Number and Certification
Go to wwuris.govlFormW9 for instructions and the latest information.
Give form to the
requester. Do not
send to the lRS.
New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership lnstructions for Schedules K-2 and K-3 (Form '1065).
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they c'i
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otrzE
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(,oa(t,
0)
0)
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(Rev. March 2024)
Department of the Treasury
lnternal Revenue Service
Before For idance related to the of Form W-9, see Purpose of Form, below 1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner's name on line 1, and enter the business/disregarded entity's name on line 2.)
CITY OF SANGER
2 Business name/disregarded entity name, if different from above. 4 Exemptions (codes apply only to
certain entities, not individuals;
see instructions on page 3):
Exempt payee code (if any)
Exemption from Foreign Account Tax
Compliance Act (FATCA) reporting
code (if any)
(Applies to accounts maintained
outside the United States.)
Requester's name and address (optional)
7 List account number(s) here (optional)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line .l to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part l, later. For other entities, it is your employer identification number (ElN). lf you do not have a number, see How to get a I/N, later.
Note: lf the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester ior guidelines on whose number to enter.
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the lnternal Revenue Service (lRS) that I am subject to backup withholdlng as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certilication instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (lRA), and, generally, payments other than interest and dividends, are not red to the certification, but must correct TlN. See the instructions for Part ll later Sign
Here Date 1
General lnstructions
Section references are to the lnternal Revenue Gode unless otherwise noted.
Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.govlFormW9.
What's New
Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the "LLC" box and enter its appropriate tax classification. or
Signature of
U.S. person
3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of lhe following seven boxes.
! lndividual/sole proprietor ! C corporation ! S corporation I Partnership f] TrusVestate E t-t-C. Enterthetaxclassification(C= C corporation, S=Scorporation, P = Partnership) Note: Check the "LLC" box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner.
@ Ottrer lsee instructions) LOCAL GOVERNMENT
3b lf on line 3a you checked "Partnership" or "Trust/estate," or checked "LLC" and entered "P" as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions 5 Address (number, street, and apt. or suite no.). See instructions. 17OO 7TH STREET
6 City, state, and ZIP code
SANGER, CA 93657
Social number
Part I
identi{ication number
4 09 6 0 0 4 2 5
Part ll
Cat. No. 10231X rorm W-9 (Rev. 3-2024)
167
Elderly Nutrition Program Exhibit A – Page 1 FY 2024-2025 Site Management
EXHIBIT A
TITLE III PROGRAM EXHIBIT
Title III C1 – Elderly Nutrition Program Site Management
I. Definitions Specific to Title III Programs:
A. Program Requirements is defined as Title III program requirements found in the OAA [42 USC 3001-3058]; [45 CFR 1321]; the California Code of Regulations [22 CCR 7000 et seq.]; and CDA Program Memoranda, and California Retail Food Code (CRFC). Comply with all provisions in CCR 7630- 7638.13 Elderly Nutrition Program found here:
https://www.law.cornell.edu/regulations/california/title-22/division-1.8/chapter- 4/article-5
B. Title III C1 Congregate Nutrition Services nutrition services for older individuals in a congregate setting. Services include meals, nutrition education, nutrition risk screening, and opportunities for socialization. Each meal shall provide one-third (1/3) of the Dietary Reference Intakes (DRI) and comply with the most current Dietary Guidelines for Americans (DGA). To be an eligible Title III C-1 congregate nutrition site, the site must meet all of the following criteria: [22 CCR 7638.7(a)]
1. Be open to the public [45 CFR §1321.53(b)(3)].
2. Not means test [OAA §315(b)(3)].
3. Provide participants the opportunity to make voluntary contributions and not deny service for not contributing to the cost of the service [OAA §315(b)(4), 22 CCR §7638.9].
4. Not receive funds from another source for the cost of the same meal, equipment, or services [2 CFR §200.403(f), 45 CFR §75.403(f)].
C. Title III C2 Home-Delivered Nutrition Services nutrition services provided to frail, homebound, or isolated older individuals including meals, nutrition education, and nutrition risk screening.
Each meal shall provide one-third (1/3) of the DRI and comply with the most current Dietary Guidelines for Americans. [22 CCR 7135, 22 CCR 7638.7(c)]
D. Eligible Service Population: is defined as individuals sixty (60) years of age or older, with emphasis on those in greatest economic and social need with particular attention to low-income minority older individuals, older individuals 168
Elderly Nutrition Program Exhibit A – Page 2 FY 2024-2025 Site Management
with LEP, and older individuals residing in rural areas. . [OAA § 305 (a)(2)(E); 22 CCR 7125, 7127, 7130, 7135]
a. Individuals eligible to receive a meal at a congregate nutrition site are:
i. Any older individual
ii. The spouse of any older individual
iii. A person with a disability, under age sixty (60) who resides in house facilities occupied primarily by older individuals as which congregate nutrition services are
provided.
iv. A disabled individual who resides at home with an
accompanies an older individual who participates in the program.
v. A volunteer under age sixty (60), if doing so will not deprive an older individual age sixty (60) or older of a meal. [CCR 7636.9(b)(3); CCR 7638.7(b); and OAA
339(H)]
b. Individuals eligible to receive a home-delivered meal are individuals who are:
i. Frail as defined by 22 CCR 7119, homebound by reason of illness or disability, or otherwise isolated. (These individuals shall be given priority in the delivery of
services.) [45 Code of Federal Regulations (CFR)
1321.69(a)].
ii. A spouse of a person defined in 22 CCR 7638.7(c)(2), regardless of age or condition, if an assessment
concludes that is in the best interest of the homebound older individual.
iii. An individual with 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.
E. Site Management is defined as 1) oversight and responsibility for the day-to- day operations of an Elderly Nutrition Program nutrition site with respect to meals; 2) oversight of and responsibility for Elderly Nutrition Program staff and volunteers, including provision of required program training; 3) collection of required Elderly Nutrition Program data from program participants; 4) keeping records and preparing reports concerning meals ordered and served, nutrition volunteer hours, and donations; and 5) ensuring the Elderly Nutrition Program nutrition site meets all federal, state, and local regulations, including applicable licensing laws and ordinances related to food service operations and sanitation.
169
Elderly Nutrition Program Exhibit A – Page 3 FY 2024-2025 Site Management
F. CRFC means the California Retail Food Code, which is a uniform statewide health and sanitation standard for food facilities, found in Section 113700 et seq., California Health and Safety Code.
G. Urban, all territory, population, and housing units in urban areas, which include urbanized areas and urban clusters. An urban area generally consists of a large central place and adjacent densely settled census blocks that together have a total population of at least 2,500 for urban clusters, or at least 50,000 for urbanized areas. Urban classification cuts across other hierarchies and can be in metropolitan or non-metropolitan areas.
H. Rural: All territory, population ad housing units not classified as urban. The rural classification cuts across other hierarchies and can be in metropolitan or non-metropolitan areas.
I. Current Meal Rate is defined as the current vendor meal rate plus an additional amount established by the Fresno-Madera Area Agency on Aging (Agency on Aging) to recover costs associated with this process.
J. Eligible Meal is defined as meals served to an eligible participant which provide one-third (1/3) of the Dietary Reference Intakes (DRI), and complies with the most current Dietary Guidelines for Americans.
K. Individual with a Disability is defined as a condition attributable to mental or physical impairment, or a combination of mental and physical impairments, that results in substantial functional limitations in one (1) or more of the following areas of major life activity: (1) Self-Care, (2) Receptive and expressive language, (3) Learning, (4) Mobility, (5) Self-Direction, (6) Capacity for independent living, (7) Economic self-sufficiency (8) Cognitive functioning (9) Emotional Adjustment. Title 22 CCR 7630
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 §7635.5.
II. Scope of Work
The service provider is charged with providing site management services to the “eligible service population” within the service provider’s area of influence as specified in Exhibit E, Item 2 of this Agreement.
A. Assurances
1. The service provider will comply with all the Program Requirements and those required under the California Retail Food Code (CRFC).
170
Elderly Nutrition Program Exhibit A – Page 4 FY 2024-2025 Site Management
2. Meal Count Allocation
a. The service provider will be charged at the current established meal rate for all meals ordered in excess of the number of eligible meals served to the Eligible Participants within the Title III C program. Participant eligibility is as defined in Title 22, CCR, Article 5, §7638.7.
b. The Agency on Aging reserves the right to allocate meal quantities for the Elderly Nutrition Program. The service provider may be held financially responsible, at the Current Meal Rate, for all meals ordered which exceed the site’s assigned allocation. The Agency on Aging has the option to increase or decrease the meal target allocations to individual sites in the event of changes in available funding, or changes in average service levels at individual meal sites.
c. Only those meals that are served to an eligible participant which provide one-third (1/3) of the Dietary Reference Intakes (DRI), and comply with the most current Dietary Guidelines for Americans, are allowable and counted as meals served.
3. Site Management Responsibilities
In compliance with Title 22, CCR, Article 5, and the Agency on Aging Nutrition Policies and Procedure Manual provided to the service provider’s site coordinator, the service provider will:
a. Assure accurate and timely completion of Client Intake forms, client rosters, daily meal sign-in sheets, Client Deactivation requests, and Nutrition Volunteer Summary reports for the Congregate and Home-Delivered Meals programs;
b. Verify and order meal counts for Congregate (C1) 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 III C Program and CRFC requirements for client eligibility, and meal service safety and sanitation practices;
e. Maintain separate and verifiable records of all program income and expenses for Congregate (C1) and Home-Delivered (C2) 171
Elderly Nutrition Program Exhibit A – Page 5 FY 2024-2025 Site Management
meals (all donations received from C1 clients must be
expended on C1 costs, and all donations received from C2 clients must be expended on C2 costs);
f. Assess new and continuing home-delivered meal clients for program eligibility. Reassessments of home-delivered meal clients are to be completed quarterly, alternating two in-home visits per year with two telephone reassessments;
g. Assess new and continuing Congregate Meals clients for program eligibility. Congregate Meals client reassessments are to be conducted at least once during each fiscal year.
h. Ensure client records are available only to authorized service staff assisting the individual, and keep client records in a secure, locked file cabinet to protect client confidentiality. i. Recruit volunteers and paid staff, as needed to provide in- center services for the Congregate (C1) and Home-Delivered (C2) Meals programs, and provide orientation, training, and supervision. A minimum of four hours of training shall be provided annually for all volunteer food service staff, to include, at a minimum:
i) Food safety, prevention of foodborne illness, and
Hazard Analysis and Critical Control Points (HACCP)
principles.
ii) Accident prevention, instruction on fire safety, first aid, choking, earthquake preparedness, and other
emergency procedures.
j. Identify and make known available services to eligible individuals through outreach efforts in their community; k. Attend Agency on Aging Site Management in-service training meetings as required;
l. Comply with all Agency on Aging monthly memos and other Agency on Aging correspondence;
m. Procure and maintain food service and cleaning supplies inventories;
n. Post menus in a location easily seen by participants at each congregate meal site; ensure menus are legible and easy to read in the language of the majority of the participants; and ensure menus are available in large print;
o. Not preclude the service of a congregate meal to a participant who has failed to make a reservation, when food is available; 172
Elderly Nutrition Program Exhibit A – Page 6 FY 2024-2025 Site Management
p. There shall be, at a minimum, a manger, and a paid staff or volunteer, designated to be responsible for the day-to-day activities at each congregate meal site, and physically be on- site during the time that Elderly Nutrition Program activities are taking place;
q. Have restrooms, lighting, and ventilation which meet the requirements of the CURFFL;
r. Include procedures for obtaining the views of Congregate Meals Program participants about the services received; s. Have equipment at congregate meal sites, including tables and chairs, that are sturdy and appropriate for older individuals.
Tables shall be arranged to assure ease of access and
encourage socialization;
t. Provide a welcoming, pleasant dining environment for congregate meals that affords older adults an opportunity for socialization with their peers and enhancement of a healthy and enriching lifestyle; and
u. Observe any physical or emotional changes in participants’ conditions and report any cases of known or suspected elder abuse to local law enforcement.
v. Ensure that an eligible individual who receives a meal is given the opportunity to voluntarily contribute to the cost of the meal.
w. Post-signage indicating the suggested contribution for eligible individuals, and the guest fee for non-eligible individuals near the contribution container at each congregate meal site. The guest fee shall cover all meal costs.
B. Additional Assurances
1. Facilities shall be properly maintained by the service provider with regards to repairs and maintenance, cleanliness, accessibility, etc.
2. The service provider must submit the reports specific to this program as listed 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.
173
Elderly Nutrition Program Exhibit A – Page 7 FY 2024-2025 Site Management
5. Ensure that recognition on menus, brochures, letters and other forms of promotion state that the Elderly Nutrition Program is supported through funds of the Fresno-Madera Area Agency on Aging.
III. 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:
Independence Day July 4
Labor Day First Monday in September
Veterans Day November 11
Thanksgiving Holiday Fourth Thursday in November and
Friday after Thanksgiving
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
174
Exhibit B Instructions Page 1 of 10 FY 2024-2025
Exhibit B
Instructions
Please review all instructions before preparing the budget.
The budget forms provided with this contract consist of four pages: