Agenda packet — Selma City Council, September 15, 2026

1 AGENDA

SELMA CITY COUNCIL

MEETING TUESDAY
September 15, 2026
5:30 p.m. Special Meeting
6:00 p.m. Regular Meeting
Selma City Council Chambers
1710 Tucker Street
Selma, CA 93662
Teleconference Phone Number: +1 301 715 8592
Webinar ID: 891 6864 5005 https://zoom.us/j/89168645005

WHEN ON THE PHONE, IF YOU WISH TO ADDRESS COUNCIL DURING THE PUBLIC COMMENT PORTION OF THE AGENDA, PRESS *9 TO “RAISE HAND” AND WE WILL SELECT YOU FROM THE MEETING CUE. PRESS *6 TO UNMUTE AND MUTE YOURSELF.

Notice to Meeting Attendees: Members of the audience shall not engage in disorderly or boisterous conduct including the utterance of threatening or abusive language or other acts which disturb, disrupt or impede or otherwise render the orderly conduct of a City Council meeting infeasible. 5:30 P.M. SPECIAL MEETING

CALL TO ORDER
ROLL CALL: Council Members Avalos, Oceguera, Trujillo, Mayor Pro Tem Guerra, and Mayor Robertson
POTENTIAL CONFLICTS OF INTEREST: Any council member who has a potential conflict of interest may now identify the item and recuse themselves from discussing and voting on the matter.

AGENDA CHANGES OR DELETIONS: To better accommodate members of the public or inconvenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed. Additions to Agenda may be added only pursuant to California Government Code Section 54954.2 (b).

CONVENE TO CLOSED SESSION
This item has been set aside for the City Council to meet in a closed session to discuss matters pursuant to Government Code Section 54956.9(d)(4). The City Attorney will provide an oral report regarding the Closed Session.
1 2

1. Pending Litigation Pursuant to Government Code Section 54957 - Highland Rose LP v. City of Selma, FCSCT No. 25CECG00503

ADJOURNMENT OUT OF CLOSED SESSION

RECONVENE TO OPEN SESSION

CITY ATTORNEY REPORT
After any closed session, the legislative body shall reconvene into open session prior to adjournment and shall make any disclosures required by Section 54957.1 of action taken in the closed session. 6:00 P.M. REGULAR MEETING

CALL TO ORDER
INVOCATION: Pastor Chad Fagundes
PLEDGE OF ALLEGIANCE: Council Member Trujillo
ROLL CALL: Council Members Avalos, Oceguera, Trujillo, Mayor Pro Tem Guerra, and Mayor Robertson
POTENTIAL CONFLICTS OF INTEREST: Any council member who has a potential conflict of interest may now identify the item and recuse themselves from discussing and voting on the matter.

ORAL COMMUNICATIONS
NOTICE(S) TO THE PUBLIC: At this time, any member of the public may address the City Council regarding any item on the regular meeting agenda over which the Council has jurisdiction. No action or discussion will be taken on any item not on the agenda. Issues raised will be referred to the City Manager for review. Members of the public should limit their remarks to three (3) minutes.
1 - SPECIAL PRESENTATIONS
No Special Presentations
2 - CONSENT CALENDAR
All items listed under the consent calendar category are considered routine. The complete consent calendar will be enacted by one motion by ROLL CALL VOTE. For purposes of discussion, any Council member may have an item removed from the consent calendar and made part of the regular agenda. The council can then approve the remainder of the consent calendar. 2-1 Approval – Meeting Minutes – Regular Meeting dated September 1, 2026 and Special Meeting September 8, 2026
Fallert
2 3
2-2 Approval - Check Register Dated 08/19/26 Check Numbers 90403 to 90503 Moreno 2-3
2-4
2-5
2-6
2-7
2-8
2-9
2-10
2-11
2-12
2-13
Action item – Adopt Resolution 2026-96 awarding a construction contract to R.J.

Berry Jr., Inc. for the Selma FY 24-25 Street Rehabilitation, and Consideration of Resolution 2026-97 Amending the FY 26-27 Budget for the Specific Capital Improvement Projects
Action item – Adopt Resolution 2026-98 authorizing and filing the City of Selma Transportation Development Act (TDA) Funding Claim for Fiscal Year 2026- 2027, in accordance with the Fresno Council of Governments (Fresno COG) Policy Board’s approval of TDA funds apportionment and claims process Receive and file the City of Selma Cash and Investment Report-Q4 Fiscal Year 2025-26
Action item – Adopt Resolution 2026-99 approving the California Arts Council Arts and Youth Grant (AAY-26-30588)
Action item – Adopt Resolution 2026-100 Approving the California Arts Councils General Operating Support Grant (GEN-26-30573)
Action Item – Adopt Resolution 2026-101 Authorizing the Special Event Fee Waiver- Soup & Bread Festival
Action Item – Adopt Resolution 2026-102 Approving a Nonemergent Transportation Services Agreement between the City of Selma and Hanford Community Hospital dba Adventist Health Hanford, Hanford Community Hospital dba Adventist Health Selma, and Authorization for the City Manager or Designee to Execute All Necessary Associated Documents
Action Item – Adopt Resolution 2026-103 Approving the Purchase and Installation of an Automated External Defibrillator (AED) at the Selma Senior Center, Authorization for CPR/AED Training for SPARKS Staff and Authorizing the City Manager or Designee to Execute All Necessary Associated Documents
Action Item – Adopt Resolution 2026-104 Approving Amendment VII to the Agreement for Contracted Services Between the Fresno County Rural Transit Agency and the City of Selma
Action Item – Adopt Resolution 2026-105 authorizing the appointment of the City Manager and Deputy City Manager as Plan Sponsor for Mission Square Retirement 457 Employee Defined Contribution Retirement Plan Action Item – Adopt Resolution 2026-106 Authorizing the City Manager, or His Designee, to Execute a Shared Use Agreement with Walmart for the Placement of a Solar Canopy Structure Over a City Storm Drain Line
Horn

Moreno
Moreno
Fletcher
Fletcher
Fletcher
Webster
Webster
Rogers
Fallert
Honn
3 - DEPARTMENTAL REPORTS
City staff and contract employees present will be recorded in the minutes. 4 – PUBLIC HEARING
4-1 Consideration and Necessary Action on Resolution of Necessity 2026-95, Costanzo Declaring the Public Interest and Necessity Require Identified Real Property to be Taken or Acquired by the City of Selma for a Public Use and Purpose. 5 – REGULAR BUSINESS
5-1 Adopt Resolution 2026-107 Approving a Professional Services Agreement between Vitalvoice.ai Inc. and the City of Selma for Real-Time Language Interpretation, Transcription, and AI-Assisted Communication Services for the Selma Fire Department EMS Operations Division, and Authorization for Webster
3 4
the City Manager or Designee to Execute All Necessary Associated Documents
6 - FUTURE AGENDA ITEMS
Council requests for future agenda items. Not subject to public comment. Items require a consensus. 7 - COUNCIL REPORTS / COUNCIL COMMITTEE REPORTS
Brief report by Council members on City related functions as authorized by the Brown Act.

ADJOURNMENT
Upcoming Council Meetings
• City Council Regular Meeting, Tuesday, October 6, 2026 • City Council Regular Meeting, Tuesday, October 20, 2026 • City Council Regular Meeting, Tuesday, November 3, 2026 Agendas for all City Council meetings are posted at least 72 hours prior to the meeting at the Council Chambers, 1710 Tucker Street.

The City of Selma complies with the Americans with Disabilities Act (ADA of 1990) and Government Code Section 54953(g), and the City Council has adopted a reasonable accommodation policy to swiftly resolve accommodation requests. The policy can also be found on the City’s website here. Please contact the City Clerk’s Office, (559) 891-2200, to make an accommodation request, or to obtain an electronic or printed copy of the policy.

PUBLIC NOTIFICATION
I, Margee Fallert, Deputy City Manager for the City of Selma, declare under penalty of perjury that I posted the above Regular City Council Agenda for the meeting of September 15, 2026, near the front entrance of City Hall located at 1710 Tucker Street, Selma, CA and on the City’s website www.cityofselma.com on September 11, 2026.
//s//
Margee Fallert
Deputy City Manager
4 This Page Left Blank Intentionally
5 2-1
Approval
Meeting Minutes
6 City of Selma
Meeting Minutes
September 1, 2026
1 Meeting Minutes
Special Meeting of the Selma City Council
September 1, 2026
Selma City Council Chambers
1710 Tucker Street
Selma, CA 93662
CALL TO ORDER: The Special Meeting of the Selma City Council was called to order by Mayor Robertson at 5:00 p.m.

ROLL CALL: Council Members Avalos, Oceguera, Trujillo, Mayor Pro Tem Guerra, and Mayor Robertson
POTENTIAL CONFLICTS OF INTEREST: None
AGENDA CHANGES OR DELETIONS: None
ORAL COMMUNICATIONS: None
CONVENE TO CLOSED SESSION: 5:03 p.m.

1. Pending Litigation Pursuant to Government Code Section 54957 - Highland Rose LP v. City of Selma, FCSCT No. 25CECG00503

2. Conference with Labor Negotiators, Pursuant to Government Code §54957.6 Agency Designated Representative: Margee Fallert, Deputy City Manager Employee Organizations:
- International Association of Firefighters Local 3716
- Fire Middle Management Employees
- California League of City Employees Association
(CLOCEA) Middle Management Employees

3. Public Employment Pursuant to Government Code Section 54957 - Title: Chief of Police and Fire Chief.

RECONVENE TO OPEN SESSION: 5:50 p.m.
7 City of Selma
Meeting Minutes
September 1, 2026
2 CITY ATTORNEY REPORT: None
ADJORNMENT: 5:51 p.m.

Approved the 15th day of September 2026.

APPROVED:
_________________________
Scott Robertson,
Mayor
ATTEST:
______________________________
Mirium Cruz
Interim City Clerk
8 City of Selma
Meeting Minutes
September 1, 2026
3 Meeting Minutes
Regular Meeting of the Selma City Council
September 1, 2026
CALL TO ORDER: Mayor Robertson called the meeting to order at 6:00 p.m.

INVOCATION: Chaplain Gilbert Barr-Dixon
PLEDGE OF ALLEGIANCE: Council Member Oceguera
ROLL CALL: Council Members Avalos, Oceguera, Trujillo, Mayor Pro Tem Guerra, and Mayor Robertson
STAFF PRESENT: City Manager, Rogers, City Attorney, Constanzo, Deputy City Manager, Fallert, Finance Director, Moreno, Interim City Clerk, Cruz, Police Commander, Garcia, Fire Chief, Webster, Public Works Director, Honn, Community Development Director, Mtunga , Public Information Director, Moreno, Engineering Staff Horn and Community Services Director, Fletcher.

POTENTIAL CONFLICTS OF INTEREST: None
AGENDA CHANGES OR DELETIONS: None
ORAL COMMUNICATIONS: David Gill spoke about the underground PG&E lines for Starbucks on 2nd street. Teresa Salas spoke about the Brentlinger bathrooms not being clean and would like to see if the property that the city owns if we could build a community center there. Rose Robertson talked about how in the City of Selma it used to be 60 days before signs could be put out. Bryan Ramirez spoke about signs in the windows. Vanessa Mares spoke about chronic drug use in the teens. 1 - SPECIAL PRESENTATIONS
No Special Presentations

2 - CONSENT CALENDAR
All items listed under the consent calendar category are considered routine. The complete consent calendar will be enacted by one motion by ROLL CALL VOTE. For purposes of discussion, any Council member may have an item removed from the consent calendar and made part of the regular agenda. The council can then approve the remainder of the consent calendar.
2-1
2-2
Approval – Meeting Minutes – Regular Meeting dated August 18, 2026 Approval - Check Register Dated 08/06/26 Check Numbers 90315 to 90402 and the July 2026 CalCard Transactions
2-3 Action item – Adopt Resolution 2026-88 authorizing Workers Compensation Coverage for Off-Duty Peace Officers Injured Out of State 9 City of Selma
Meeting Minutes
September 1, 2026
4 2-4
2-5
2-6
2-7
2-8
Action item – Adopt Resolution 2026-89 authorizing a Side Letter Agreement between the City of Selma and the Selma Police Officers Association Regarding Educational Incentive Pay language changes.

Action item – Adopt Resolution 2026-90 authorizing a Side Letter Agreement between the City of Selma and the Selma Police Middle Management Employees Regarding Educational Incentive Pay language changes.

Action item – Adopt Resolution 2026-91 awarding a contract to Dave Christian Construction Co., for the Merced-Stillman-Tulare Alley Improvements and authorize the City Manager to execute the contract documents.

Action Item – Adopt Resolution 2026-92 adopting a user fee schedule for American Heart Association Emergency Cardiovascular Care Training Courses Offered by the Selma Fire Department and Authorize the City Manager to Execute All Necessary Associated Documents.

Action Item – Adopt Resolution 2026-93 Authorizing Acceptance of a California Office of Traffic Safety (OTS) grant and authorize the City Manager to execute all necessary documents.

Moved by: Oceguera Second by: Guerra Motion Carried 5-0 All consent calendar items approved on one motion

3 - DEPARTMENTAL REPORTS
City staff and contract employees present will be recorded in the minutes. 4 – PUBLIC HEARING
No Public Hearings
5 – REGULAR BUSINESS
5-1 Adopt Resolution 2026-94 for Award of On-Call Grant Writing and Procurement Services Agreements to Townsend Public Affairs, Inc., Blais & Associates, LLC (B&A Grant Services), and Interwest Consulting Group, Inc.

Moved by: Avalos Second by: Oceguera Motion Carried 5-0 6 - FUTURE AGENDA ITEMS
Council requests for future agenda items. Not subject to public comment. Items require a consensus.

1. Trujillo – No Items

2. Avalos – Would like to revisit how items are named after people. Would like to name the Arts Center after Mike Durham and a park after Dennis Lujan.

3. Oceguera – Wants Thompson Park to be named after Dennis Lujan, wants the fire department requirements for events

4. Guerra – Want an update on the Casitas, Marketplace and country rose estates.

5. Robertson – General Plan Zoning Amendment

6. Rogers – Requested that the council consider a youth council representative program 10 City of Selma
Meeting Minutes
September 1, 2026
5 7 - COUNCIL REPORTS / COUNCIL COMMITTEE REPORTS
Brief report by Council members on City related functions as authorized by the Brown Act.

ORAL COMMUNICATIONS
ADJOURNMENT: 7:22 p.m.

Approved the 15th day of September 2026.

APPROVED:
_________________________
Scott Robertson,
Mayor
ATTEST:
______________________________
Mirium Cruz
Interim City Clerk
11 City of Selma
Meeting Minutes
September 8, 2026
1 Meeting Minutes
Special Meeting of the Selma City Council
September 8, 2026
Selma City Council Chambers
1710 Tucker Street
Selma, CA 93662
CALL TO ORDER: Mayor Robertson called the meeting to order at 6:00 p.m.

ROLL CALL: Council Members Avalos, Oceguera, Trujillo, Mayor Pro Tem Guerra, and Mayor Robertson
STAFF PRESENT: City Manager, Rogers, City Attorney, Constanzo, Deputy City Manager, Fallert, City Engineer Horn, Interim City Clerk, Cruz

2 - CONSENT CALENDAR
No Consent Items
3 - DEPARTMENTAL REPORTS
No Department Reports
4 – PUBLIC HEARING
4-1 Consideration and Necessary Action on Resolution of Necessity Declaring the Public Interest and Necessity Require the Taking or Acquisition of Identified Real Property for a Municipal Improvement Project (Intersection Safety Improvements at Mcall and Dinuba)
Public Hearing started at 6:03pm
Numerous property owners spoke at the public hearing. When all property owners present were done the City Attorney made a recommendation to the council to continue the hearing to the September 15, 2026 regular City Council meeting.
12 City of Selma
Meeting Minutes
September 8, 2026
2 Moved by: Avalos Second by: Guerra Motion Carried 5-0 The motion and second were to continue the hearing until September 15, 2026 5 – REGULAR BUSINESS
No Regular Business
6 - FUTURE AGENDA ITEMS
Council requests for future agenda items. Not subject to public comment. Items require a consensus. 7 - COUNCIL REPORTS / COUNCIL COMMITTEE REPORTS
Brief report by Council members on City related functions as authorized by the Brown Act.

ADJOURNMENT: 6:36 p.m.

Approved the 15th day of September 2026.

APPROVED:
_________________________
Scott Robertson,
Mayor
ATTEST:
______________________________
Mirium Cruz
Interim City Clerk
13 This Page Left Blank Intentionally
14 2-2
Approval
Check Register
15 Check
Number Check Date Vendor Name Check Description Category Amount 90455 08/19/2026 Juana Gonzalez AD-Class B License Reimbursement 58.00 90463 08/19/2026 Matthew R. Cochran BD-2025 ICC Code Council Membership 440.00 90480 08/19/2026 Rod Carsey BD-Plan Checks July 2026 2,387.78 90441 08/19/2026 Fred Barker CS-Co Ed Softball 07/07/26-08/13/26 1,760.00 90444 08/19/2026 Fresno Humane Animal Services CS-DAPP & Parvo Test Box 392.82 90417 08/19/2026 Boys & Girls Club of Fresno County CS-Grant Funding for 26-27 G 31,000.00 90415 08/19/2026 Beyonce Rodriguez-Fabela CS-Lighting Design 300.00 90443 08/19/2026 Fresno Economic Opportunities Commission CS-Meals July 2026 4,637.38 90491 08/19/2026 TheaterMania.com, Inc. CS-Monthly Subscription Fees 08/01/26-08/31/26 248.00 90487 08/19/2026 Team Selma Wrestling CS-Pioneer Village Event Cancellation 229.00 90435 08/19/2026 Editor, LLC CS-SAC Grease 2026 Media 640.00 90481 08/19/2026 Rosa Betancourt CS-Selma Live Band Fees 09/04/06 1,500.00 90405 08/19/2026 Adrian Oceguera CS-Sound Engineering for Selma Live 09/04/26 1,000.00 90484 08/19/2026 South County Veterinary Hospital CS-Veterinary Services 2,248.49 90472 08/19/2026 PG&E EN-2539 Huntsman Ave New Service 3,000.00 90403 08/19/2026 4Creeks, Inc. EN-Amberwood Subdivision Services through 06/28/26 Partial R 1,127.50 90471 08/19/2026 PG&E EN-Huntsman Ave Temporary Service 1,200.00 90427 08/19/2026 Column Software PBC EN-Notice to Bid Rose & Mitchell Bike Routes, Notice to 1,711.53 90464 08/19/2026 Mercedes Benz of Fresno FD-Amb 551 Tensioner Belt Replaced, Amb 552 A & B 4,551.94 90500 08/19/2026 Vincent Communications, Inc. FD-Amb 555 Radio Repair 11,308.02 90437 08/19/2026 Enterprise FM Trust FD-Chief 110 Vehicle Purchase 450.48 90461 08/19/2026 Liberty Chevrolet FD-Command Vehicle BC110 69,672.61 90419 08/19/2026 California Water Service FD-EMS Facility Project Deposit 25,000.00 90450 08/19/2026 Imagetrend, Inc. FD-EPCR Software 06/01/26-06/30/26 471.04 90458 08/19/2026 L.N. Curtis & Sons FD-Medic Pack, Scene Light, Gas Monitors, Training Manikins
5,798.98
90416 08/19/2026 Bound Tree Medical, LLC FD-Medical Supplies 6,524.39 90462 08/19/2026 Life-Assist, Inc. FD-Medical Supplies 989.20 90488 08/19/2026 Teleflex, LLC FD-Medical Supplies 1,198.59 90445 08/19/2026 Gerald Reeser FD-Paramedic Recertification Reimbursement 48.00 90414 08/19/2026 Bauer Compressor, Inc. FD-SCBA Replacement Parts 509.84 90440 08/19/2026 Fire Apparatus Solutions FD-T111 Suspension Air Bag Replacement 977.33 90452 08/19/2026 Jack's Refrigeration FI-Business Lic Overpayment Reimbursement 90.00 90495- 08/19/2026 U.S. Bank Equipment Finance FI-Copy Machine Leases 07/20/26-08/20/26 2,923.12 90406 08/19/2026 Airgas USA, LLC FI-CVTC Oxygen Supplies R 33.74 90430 08/19/2026 Crown Services Co. FI-CVTC Weekly Portable Toilet/Sink R 351.40 90412 08/19/2026 AT&T FI-PD Emergency Call Recording 07/23/26-08/22/26 474.37 90413 08/19/2026 Banner Pest Control, Inc. FI-Pest Control July 2026 721.00 90477 08/19/2026 Price Paige & Company FI-Professional Services June 2026 2,963.00 90428 08/19/2026 Corelogic Solutions, LLC FI-Realquest Monthly Services 06/01/26-06/30/26 481.25 90499 08/19/2026 Valley Shredding, LLC FI-Shredding Service for City Hall 69.00 90411 08/19/2026 AT&T FI-Telephone 07/04/06-08/03/26 1,750.06 90409 08/19/2026 AT&T FI-Telephone 07/04/26-08/03/26 116.77 90410 08/19/2026 AT&T FI-Telephone 07/04/26-08/03/26 111.64 90473 08/19/2026 PG&E FI-Utilities July 2026 7,726.06
90503 08/20/2026 PG&E FI-Utilities July 2026 20,281.34
90482 08/19/2026 Sase Company, Inc FL-72/100 Drum Unit #4633 Sidewalk Grinder 776.69 90438 08/19/2026 Fahrney Ford FL-Auto Parts 2,606.74
90466 08/19/2026 Napa Auto Parts FL-Auto Parts 1,952.35 90456 08/19/2026 Kimball Midwest FL-Deodorizer & Holders 230.65 90483 08/19/2026 Selma Chrysler DJR FL-Hose Fuel 290.40 90489 08/19/2026 The Mower's Edge, Inc. FL-Mower Parts 725.37 90490 08/19/2026 The Selma Barn, LLC FL-Repairs to Small Tools 81.00 90470 08/19/2026 O'Reilly Auto Parts FL-Restoration Kit 24.83 90434 08/19/2026 East Bay Tire Co. FL-Tires 941.15
90420 08/19/2026 Camacho Tires and Wheels FL-Tires Unit #3209 215.00 90459 08/19/2026 Les Schwab FL-Wheel Alignment Unit #189 134.99 90475 08/19/2026 Pipkin Detective Agency, Inc. HR-Employment Background 891.00 90429 08/19/2026 Costanzo & Associates HR-Legal Services February 2026 17,083.00 90431 08/19/2026 Data Path, Inc. HR-Monthly Billing August 2026 & Microsoft 365 16,829.38 90451 08/19/2026 Insurance and Benefits Trust of PORAC HR-Police Employees Life Insurance Premiums Sept 570.00 Check Register Report
16 Check
Number Check Date Vendor Name Check Description Category Amount Check Register Report
90457 08/19/2026 Kings Industrial Occupational Medical Center, Inc. HR-Pre Employment Physicals & Drug Tests 1,190.00 90453 08/19/2026 Jeff Kestly HR-Retiree Medical Premium July 2026 226.20 90497 08/19/2026 Uniquely Yours HR-Shirts for Staff 169.61 90447 08/19/2026 Healthwise Services, LLC PD-38 Gallon Pharm Kiosk 369.76 90421 08/19/2026 Carlos Romero PD-Cert. Gang Enf Off. Training Per Diem (Re-issued Ck) 30.00 90433 08/19/2026 Dooley Enterprises, Inc. PD-Full Metal Jacket 2,864.73 90498 08/19/2026 Unity IT PD-Huntress Managed Services 07/01/26-07/31/26 4,829.00 90460 08/19/2026 Lexipol, LLC PD-Inventory Management System 07/01/26- 06/30/27, FD-Annual Fire Supplemental Manual
1,715.01
90494 08/19/2026 TransUnion Risk and Alternative Data Solutions, Inc. PD-Investigative Software 07/01/26-07/31/26 301.50 90468- 08/19/2026 ODP Business Solutions, LLC PD-Office Supplies 1,032.87 90442 08/19/2026 Fresno County Sheriff PD-RMS/JMS/CAD Access Fees July 2026 491.70 90493 08/19/2026 Top Dog Training Center PD-Service Maintenance Training 07/25/26 90.00 90465 08/19/2026 Metro Uniform PD-Tactical Armor 2,814.82 90408 08/19/2026 Andrew Guzman PD-Training Seminar Per Diem 08/13/25 (Re-issued Ck) 15.00 90478 08/19/2026 Quad Knopf, Inc. PL-Community Development Support Services 14,432.00 90407 08/19/2026 Alta Planning + Design, Inc. PL-Downtown Design Services through July 24, 2026 2,105.00 90476 08/19/2026 Precision Civil Engineering, Inc. PL-Interim Community Development Director, Review 20,578.75 90502 08/19/2026 Wilson Fire Sprinkler Co., Inc. PW-Annual Fire Sprinkler Inspection 2,750.00 90439 08/19/2026 Fedor Plumbing PW-Backflow Testing 210.00 90479 08/19/2026 Quinn Company PW-Boom Truck Rental 07/21/26-07/22/26 820.94 90467 08/19/2026 Nelson's Ace Hardware PW-Buildings, Parks, Streets Supplies 228.39 90474 08/19/2026 Pierce Crane Inc PW-Crane Rental for Senior Center Generator 1,017.75 90492 08/19/2026 Tifco Industries PW-Drill Screws & Blades 72.94 90454 08/19/2026 Johnstone Supply PW-HVAC Filters 370.56 90418 08/19/2026 Brady Industries PW-Janitorial Supplies 1,287.87 90436 08/19/2026 Employ America PW-Parks Maintenance/Litter Abatement July 2026 1,277.10 90446 08/19/2026 Haaker Equipment Company PW-Repairs to Vactor 2112PD 2,558.45 90404 08/19/2026 A&S Pump Service PW-Replaced Pioneer Village Pump Pressure Switch 325.02 90485 08/19/2026 State of California Department of Transportation PW-Signals & Lighting April-June 2026 4,601.99 90432 08/19/2026 Dave Turney & Associates, LLC PW-Staff Forklift Training 07/30/26 1,900.00 90448- 08/19/2026 Home Depot PW-Supplies & Tools 06/12/26-07/10/26 6,304.24 90501 08/19/2026 White Cap, L.P. PW-Surveyor Vest 4,733.52 90422- 08/19/2026 Cintas Corp PW-Uniform/First Aid/Linen Service 4,718.37 90486 08/19/2026 T&T Pavement Markings and Products, Inc. PW-Yellow Thermoplastic Paint 2,820.35 TOTAL 352,079.66
08/19/26 Selma Business Park FI-CVTC Utilities 06/13/26-07/22/26 R 4,028.57 TOTAL 4,028.57
08/12/26 Blue Shield HR-Medical 10,341.59
08/12/26 Delta Dental HR-Dental 2,047.70
08/13/26 BCI Holdings HR-Healthnow Claims 6,693.98
08/17/26 Navitas FI-Phone System 2,162.67
TOTAL 21,245.94
Wire Payments
ACH
17 Check
Number Check Date Vendor Name Check Description Category Amount Check Register Report
AD Administration
AS Animal Services
BD Building
CC City Clerk
CE Code Enforcement
CM City Manager
CS Community Services
DS Development Services
ED Economic Development
EN Engineering
FD Fire Department
FI Finance
FL Fleet
HR Human Resources
IT Information Technology
PD Police Department
PL Planning
PR Payroll
PW Public Works
RM Risk Management
Category Legend:

B Bond
G Grant
R Reimbursement
Department Legend:
18 This Page Left Blank Intentionally
19 2-3
Adopt Resolution 2026-96 awarding a
construction contract to R.J. Berry Jr.,
Inc. for the Selma FY 24-25 Street
Rehabilitation, and Consideration of
Resolution 2026-97 Amending the FY
26-27 Budget for the Specific Capital
Improvement Projects
20 ITEM NO: 2-3

CITY COUNCIL STAFF REPORT
MEETING DATE: September 15, 2026
SUBJECT: Consideration of a Resolution 2026-96 awarding a construction contract to R.J. Berry Jr., Inc. for the Selma FY 24-25 Street Rehabilitation, and Consideration of Resolution 2026-97 Amending the FY 26-27 Budget for the Specific Capital Improvement Projects.

SUBMITTED: David Horn, City Engineer
APPROVED: Jason Rogers, City Manager
RECOMMENDATION:

Approve Resolution 2026-96 awarding a construction contract to R.J. Berry Jr., Inc. for the Selma FY 24-25 Street Rehabilitation Project in the amount of $1,467,631.55; approving a 10% construction contingency for potential change orders in the amount of $146,763; and authorizing the City Manager to execute the contract documents on behalf of the City.

Approve Resolution 2026-97 Amending the FY 26-27 Budget for prior year budgeted funds for Capital Improvement Projects.

BACKGROUND:

The Selma FY 24-25 Street Rehabilitation ("Project") was developed to rehabilitate deteriorated pavement and complete related concrete and drainage improvements at various locations within the City of Selma.

Plans, specifications, and cost estimates for the Project were prepared by Yamabe & Horn Engineering. In accordance with the City's purchasing policies and applicable public contracting requirements, the Project was publicly advertised for bids.

On August 27, 2026, the City conducted a public bid opening for the Project. Eight sealed bids were received and publicly opened. The bid results are summarized below:

Contractor Base Bid____
R.J. Berry Jr., Inc. $1,467,631.55
Dave Christian Construction Co., Inc. $1,493,996.59
Don Berry Construction Inc. $1,549,764.96
Walsh Montgomery Construction, Inc. $1,648,024.60
Avison Construction, Inc. $1,723,731.00
Terra West Construction, Inc. $1,818,251.98
Central Valley Asphalt $1,826,400.00
Dawson-Mauldin, LLC $2,048,810.25
21 DISCUSSION:

The Project generally consists of clearing and grubbing; roadway excavation; asphalt concrete grinding; pavement reinforcing mat; hot mix asphalt paving; aggregate base; fog seal; concrete sidewalk, curb and gutter, alley approaches, valley gutters, and curb ramps; adjustment or replacement of storm drain and sanitary sewer facilities; traffic signs; pavement striping and markings; and other appurtenant work necessary to complete the improvements.

The Engineer's Estimate for construction was $1,700,000.00. The apparent low bid of $1,467,631.55 is $232,368.45, or approximately 13.7 percent, below the Engineer's Estimate.

Staff and the City Engineer reviewed the bid proposal and determined that R.J. Berry Jr., Inc. submitted the lowest responsive and responsible bid. Staff recommends awarding the contract in the amount of $1,467,631.55, subject to timely submission of the required bonds and contract documents.

With the recommended 10% construction contingency of $146,763.16, the total authorized construction amount would be $1,614,394.55.

FISCAL IMPACT:

In Prior Year Budgets, the Council budgeted funds for the specific CIP Projects included in this Project. The prior year budgeted construction costs for the Project are outlined in the table below.

Location Source Fund Account No. Budgeted Amount
Park Street LTF-ART. 8 2011 5500-701032 $ 350,000
Thompson Ave LTF-ART. 8 2011 5500-701058 $ 444,400
Nebraska Ave MEASURE -C 2013 4110-999996 $ 364,000
Mill Ditch Ave RMRA 2006 4110-999997 $ 411,000
Huntsman Ave MEASURE -C 2013 4110-999997 $ 425,600
The construction contract amount is $1,467,631.55. Staff also recommends approval of a 10% construction contingency in the amount of $146,763, and the Construction Management and Inspection services in the amount of $220,000 bringing the total authorized construction amount to $1,834,394.55 which is $160,605.45 less than the total budgeted amount of $1,995,000.

Project costs will be charged to the funding programmed and appropriated for this project.

Attachments:
☒ Resolution 2026-96
2026-97
☐ Ordinance
☐ Map
☐ Agreement
☒ Other
List: Budget Amendment Form
22 RESOLUTION NO. 2026 – 96

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA, CALIFORNIA, AWARDING CONTRACT SELMA FY 24-25 STREET REHABILITATION
WHEREAS, the plans, specifications, and cost estimates for the Selma FY 24-25 Street Rehabilitation were prepared by the Contract City Engineer, Yamabe & Horn Engineering, Inc., and approved by the City of Selma Public Works/Engineering; and WHEREAS, the Project was publicly advertised for bids in accordance with applicable law and bids were received and opened on August 27, 2026; and WHEREAS, R.J. Berry Jr., Inc. submitted the lowest responsive and responsible bid in the amount of $1,467,631.55; and
WHEREAS, City staff and the City Engineer have reviewed the bid proposal and recommend award of the construction contract to R.J. Berry Jr., Inc; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Council hereby awards the construction contract for the Selma FY 24-25 Street Rehabilitation to R.J. Berry Jr., Inc. in the amount of One Million Four Hundred Sixty-Seven Thousand Six Hundred Thirty-One Dollars and Fifty-Five Cents ($1,467,631.55).

SECTION 3. The City Council hereby approves a construction contingency for potential change orders in the amount of One Hundred Forty-Six Thousand Seven Hundred Sixty-Three Dollars ($146,763.00) and Construction Management and Inspection services in the amount of Two Hundred Twenty Thousand Dollars ($220,000.00), bringing the total authorized construction budget to $1,834,394.55.

SECTION 4. The City Manager is hereby authorized to execute the construction contract and any associated contract documents necessary to implement this Resolution.

SECTION 5. Severability. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

SECTION 6. Effective Date. That the City Clerk shall certify the adoption of this Resolution and that the same shall be in full force and effect. 23 PASSED, APPROVED, AND ADOPTED at a Regular Meeting of the City Council of the City of Selma held on the 15th day of September 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

________________________
ATTEST: Scott Robertson,
Mayor
______________________________
Miriam Cruz
Interim City Clerk
24 RESOLUTION NO. 2026-97

A RESOLUTION OF THE COUNCIL OF THE CITY OF SELMA APPROVING AND ADOPTING BUDGET AMENDMENTS FOR THE FY 24-25 STREET REHABILITATION PROJECT FOR FISCAL YEAR 2026/2027
WHEREAS, the FY 2026/2027 Annual Budget reflects the City of Selma’s ongoing commitment to providing core services; and
WHEREAS, the FY 2026/2027 Annual Budget was approved by the City Council on June 16, 2026, by Resolution 2026-56, and any subsequent amendments must be approved by Resolution; and
WHEREAS, a budget amendment is necessary to align the expected expenses for the FY 24-25 Street Rehabilitation Project, and
WHEREAS, the budget amendment attached for the FY 24-25 Street Rehabilitation Project (“Project”) requests the following amendments; Fund 2011-5500-701032 for $350,000, Fund 2011- 5500-701058 for $444,400, Fund 2013-4110-999996 for $364,000, Fund 2013-4110-999997 for $425,600, and Fund 2006-4110-999997 for $411,000; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The Selma City Council hereby resolves that the FY 2026/2027 budget be amended as described in Attachment hereto to provide the necessary funding to various funds.

SECTION 2. Severability. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

SECTION 3. Effective Date. That the City Clerk shall certify the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED, AND ADOPTED at a Regular Meeting of the City Council of the City of Selma held on the 15th day of September 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________
ATTEST: Scott Robertson,
Mayor
____________________________
Miriam Cruz,
Interim City Clerk
25 Date: Request By:

Requesting Department:

TYPE OF BUDGET AMENDMENT REQUEST:

Appropriation Transfer within Budget Unit One Sided Journal Increase/Decrease All other appropriations (Attach Council approved Staff Report) Expenditure to Expenditure or Revenue to Revenue REVENUES:

Full Account Current Budget Proposed
Increase/Decrease: Proposed New Budget
EXPENSES:

Full Account Current Budget Proposed
Increase/Decrease: Proposed New Budget
APPROVALS:

Approved By: Date:

Entered By: Date:

Finance Director: Date:

City Manager: Date:

CITY OF SELMA

BUDGET AMENDMENT FORM
JUSTIFICATION FOR CHANGE/FUNDING SOURCE:

A
26 Date: Request By:

Requesting Department:

TYPE OF BUDGET AMENDMENT REQUEST:

Full Account Current Budget Proposed
Increase/Decrease: Proposed New Budget
EXPENSES:

Full Account Current Budget Proposed
Increase/Decrease: Proposed New Budget
APPROVALS:

Approved By: Date:

Entered By: Date:

Finance Director: Date:

City Manager: Date:

CITY OF SELMA

BUDGET AMENDMENT FORM
JUSTIFICATION FOR CHANGE/FUNDING SOURCE:

A
27 This Page Left Blank Intentionally
28 2-4
Adopt Resolution 2026-98 authorizing
and filing the City of Selma
Transportation Development Act (TDA)
Funding Claim for Fiscal Year 2026-
2027, in accordance with the Fresno
Council of Governments (Fresno COG)
Policy Board’s approval of TDA funds
apportionment and claims process
29 ITEM NO: 2-4

CITY COUNCIL STAFF REPORT
MEETING DATE: September 15, 2026
SUBJECT: Consideration of Resolution 2026-98 to authorize and file the City of Selma Transportation Development Act (TDA) Funding Claim for Fiscal Year 2026-2027, in accordance with the Fresno Council of Governments (Fresno COG) Policy Board’s approval of TDA funds apportionment and claims process
SUBMITTED: Margarita Moreno, Finance Director/Treasurer APPROVED: Jason Rogers, City Manager
RECOMMENDATION:

1. Authorize the Finance Director to sign and forward the Transportation Funding Claim form to the Fresno COG for Fiscal Year 2026-2027.

2. Adopt Resolution 2026- 98 to approve submission of the Fiscal Year 2026-2027 TDA Funding Claim.

DISCUSSION:

The Fresno COG has made its estimates of Local Transportation Funds (LTF) expected for Fiscal Year 2026-2027. It is estimated that the City of Selma may claim $1,406,556.

There are three components to this TDA allocation: Bicycle and Pedestrian Facilities, Public Transportation, and Streets and Roads. Since the City contracts with Fresno County Rural Transit Authority (FCRTA) for public transit services, the Public Transportation funds are allocated directly to this organization. This year’s allocation to FCRTA is estimated at $221,560.

FISCAL IMPACT:

Revenue is allocated to Fund 2010 LTF Article 3 and Fund 2011 LTF Article 8.

Attachments:
☒ Resolution 2026 - 98
☐ Ordinance
☐ Map
☐ Agreement
☒ Other
List:

1. TDA documentation
30 RESOLUTION NO. 2026 – 98

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA,
CALIFORNIA, SUBMITTING A CLAIM FOR FISCAL YEAR 2026-2027

TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS, COINCIDING WITH THE FRESNO COUNCIL OF GOVERNMENTS (FRESNO COG) POLICY BOARD’S

APPROVAL OF TDA FUNDS APPORTIONMENT CLAIMS PROCESS
WHEREAS, the City of Selma hereby submits a TDA Funding Claim for the Local Transportation Fund (LTF), and State Transit Assistance Fund (STA) of Fresno County continuing from Fiscal Year 2026-2027; and
WHEREAS, the Fresno COG has the authority to review claims and allocate such funds in accordance with the Transportation Development Act of 1971 and Chapter 3 of Title 21 of the California Administrative Code; and
WHEREAS, the Fresno COG encourages inter-jurisdictional coordination of transportation needs and increased coordination of transportation implementation plans; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council finds the above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Council hereby requests that the Fresno COG allocate the amounts approved by resolution by the Fresno COG Policy Board, from the LTF, and STA Fund to the City of Selma for Fiscal Year 2026-2027; and thereafter for the purposes allowed under Articles 3, 4.5, and 8 of the TDA Act of 1971, as identified in the attached claim and which is in accordance with the adopted Regional Transportation Plan.

SECTION 3. The City Council hereby requests that the City's total Transportation Fund Apportionment for Fiscal Year 2026-2027; and thereafter, in the amount approved by resolution by the Fresno COG Policy Board, be allocated from the LTF to the Fresno COG for the purpose of conducting Regional Transportation Planning.

SECTION 4. The City Council hereby requests that the City's total Transportation Fund Apportionment for Fiscal Year 2026-2027; and thereafter, in the amount approved by resolution by the Fresno COG Policy Board, be allocated to the Fresno County Rural Transit Agency for the purpose of conducting a transportation program consistent with the adopted Regional Transportation Plan.

PASSED, APPROVED, AND ADOPTED at a Regular Meeting of the City Council of the City of Selma on this 15th day of September 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
ATTEST: Scott Robertson
Mayor
_________________________________
Miriam Cruz
Interim City Clerk
32 2026-27

COUNCIL OF FRESNO COUNTY GOVERNMENTS

LOCAL TRANSPORTATION FUND

APPORTIONMENT TO MEMBER AGENCIES
Final Estimate
2026-27 Estimate per Fresno County Auditor Controller $60,000,000 Less Administration 183,047
Gross Amount Available for Allocation 59,816,953
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 01/01/26 PERCENT AVAILABLE (2%) (5%) (3%) 4 & 8 ART. 4.5 4.5 & 8 Clovis 129,889 12.47% 7,458,174 149,174 364,936 208,322 6,735,742 382,502 7,118,244 Coalinga 17,692 1.70% 1,015,926 20,319 49,766 28,375 917,466 917,466 Firebaugh 8,869 0.85% 508,965 10,186 24,628 14,225 459,926 459,926 Fowler 7,945 0.76% 455,546 9,125 21,669 12,743 412,009 412,009 Fresno City 560,948 53.85% 32,207,710 644,234 1,574,345 899,673 29,089,458 29,089,458 Huron 6,888 0.66% 395,746 7,911 19,592 11,047 357,196 357,196 Kerman 17,498 1.68% 1,005,125 20,096 49,559 28,064 907,406 907,406 Kingsburg 13,347 1.28% 766,427 15,329 37,547 21,407 692,144 692,144 Mendota 12,805 1.23% 735,203 14,706 35,922 20,537 664,038 664,038 Orange Cove 9,678 0.93% 555,979 11,115 27,463 15,522 501,879 501,879 Parlier 14,658 1.41% 841,876 16,834 41,403 23,509 760,130 760,130 Reedley 26,845 2.58% 1,541,193 30,831 75,188 43,055 1,392,119 1,392,119 Sanger 27,403 2.63% 1,572,893 31,472 76,415 43,950 1,421,056 1,421,056 San Joaquin 3,636 0.35% 208,890 4,176 10,327 5,832 188,555 188,555 Selma 24,484 2.35% 1,406,556 28,119 69,485 39,269 1,269,683 1,269,683 Fresno Co. 159,091 15.27% 9,140,744 182,712 452,786 255,157 8,250,089 8,250,089 FCRTA 833,006 833,006
FAX 1,715,523 1,715,523
TOTALS 1,041,676 100% 59,816,953 1,196,339 2,931,031 1,670,687 54,018,896 2,931,031 56,949,927 59,816,953 1,196,339 2,931,031 1,670,687 54,018,896 **
05/01/26
33 PUC 99313 POPULATION 9,426,319
PUC 99314 OPERATOR 1,678,398

2026-27 Fund Estimate Per State Controller Methodology 11,104,717 This estimate is subject to change during the fiscal year.

DOF GROSS NET FOR NET FOR
POPULATION AMOUNT 99314 99313
MEMBER 01/01/26 PERCENT AVAILABLE OPERATOR POPULATION
Clovis 129,889 12.47% 1,286,940 111,550 1,175,390
Coalinga 17,692 1.70% 160,098 160,098
Firebaugh 8,869 0.85% 80,257 80,257
Fowler 7,945 0.76% 71,896 71,896
Fresno City 560,948 53.85% 6,524,812 1,448,690 5,076,122 Huron 6,888 0.66% 62,331 62,331
Kerman 17,498 1.68% 158,343 158,343
Kingsburg 13,347 1.28% 120,779 120,779
Mendota 12,805 1.23% 115,875 115,875
Orange Cove 9,678 0.93% 87,578 87,578
Parlier 14,658 1.41% 132,643 132,643
Reedley 26,845 2.58% 242,925 242,925
Sanger 27,403 2.63% 247,975 247,975
San Joaquin 3,636 0.35% 32,903 32,903
Selma 24,484 2.35% 221,560 221,560
Fresno Co. 159,091 15.27% 1,439,644 1,439,644
FCRTA 118,158 118,158
FCEOC
TOTALS 1,041,676 100.0% 11,104,717 1,678,398 9,426,319
11,104,717 1,678,398 9,426,319
05/01/26
2026-27

FRESNO COUNCIL OF GOVERNMENTS

STATE TRANSIT ASSISTANCE FUND

APPORTIONMENT TO MEMBER AGENCIES
Final Estimate
34 Enter Date: 9/15/2026 Claimant Name: City of Selma
From: Applicant:

Address:

City/State/Zip:

Contact Phone/email:

Local Transportation Fund
Apportionment: $ 1,406,556.00
Unexpended, Held by Claimant:

Other Agency:

State Transit Assistance Fund
Estimate: $ 221,560.00
Unexpended, Held in Trust: $ -
Other
Other:

TOTAL
$ 1,628,116.00
Please print and sign after completing form
Authorized Signature:

Name/Title:

Date:

Margarita Moreno, Finance Director
This applicant is an eligible claimant pursuant to Section 99203 of the Public Utilities Code and certifies that the following transportation funds are available to be claimed:
for the purposes and respective amounts specified in the attached claim be drawn from the Local Transportation Fund and State Transit Assistance Fund.
spell out total amount in above cell
Selma, CA 93662
Margarita Moreno, Finance Director ([email protected]) TRANSPORTATION FUNDING CLAIM FOR FISCAL YEAR: 2026/27
Instructions: 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 original via mail to:

Les Beshears, Director of Finance, Fresno Council of Governments, 2035 Tulare Street, Suite 201, Fresno, CA 93721
City of Selma
1710 Tucker St.
35 Enter Date: 9/15/2026 Claimant Name:

TRANSPORTATION FUNDING CLAIM DETAIL FOR FISCAL YEAR: 2026/27

PURPOSE AMOUNT SUBTOTAL

1. Bicycle & Pedestrian Facilities:

Article 3: $ 28,119.00
Article 8a:

Audit Exceptions (General Fund Payback);
Unexpended Funds, Held by Claimant:
$ 28,119.00

2. Regional Transportation Planning: $ 39,269.00 $ 39,269.00

3. Public Transportation State Transit Assistance Funds (STA): $ - Other:
$ -

4. Community Transit Service CTSA, Article 4.5: $ 69,485.00 $ 69,485.00

5. Streets & Roads: Article 8a: $ 1,161,418.00
Unexpended Funds, Held by Claimant:
$ 1,161,418.00

6. To Be Claimed By:

Fresno County Rural Transit Agency LTF: $ 108,265.00
Fresno County Rural Transit Agency STA: $ 221,560.00
Other $ -
$ 329,825.00

7. Reserve in Fund Pending Further Claiming $ -
GRAND TOTAL $ 1,628,116.00
Claim Total Must Agree With Total on First Page $ 1,628,116.00 Minus Non Transit Claims $ 438,579.00
GRAND TOTAL PAYABLE TO CLAIMANT $ 1,189,537.00
Allocation instructions and payment by the Fresno County Auditor-Controller to the applicant is subject 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 Transportation Development Act.

City of Selma
36 Enter Date: 9/15/2026 Claimant Name:

PROJECT TITLE & BRIEF DESCRIPTION PROJECT COST

1. Various Bicycle & Pedestrian Facilities throughout the claimant's jurisdiction: $ 28,119.00 AND/OR:
$ -
$ -
$ -
TOTAL PROJECT COSTS $ 28,119.00

PROJECT TITLE & BRIEF DESCRIPTION PROJECT COST
$ 1,161,418.00
AND/OR: $ -
$ -
$ -
$ -
TOTAL PROJECT COSTS $ 1,161,418.00
City of Selma
Other - describe briefly if applicable:

Other - describe briefly if applicable:

BICYCLE AND PEDESTRIAN FACILITIES FOR FISCAL YEAR: 2026/27 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 2% may be filed as Article 8a (PUC 99400(a)). If other funding is to be used with Local Transportation Funds to implement projects, such funding should be shown on the claim form.

Other - describe briefly if applicable:

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).

STREETS AND ROADS CLAIM FOR FISCAL YEAR: 2025/26

1. Development, Construction & Maintenance Facilities throughout the claimant's jurisdiction:
37 Enter Date: 9/15/2026 Claimant Name:

CONTINGENCY PROJECT LISTING FOR FISCAL YEAR: 2026/27
CHECK ALL THAT APPLY (Enter "X" in yellow box)

BICYCLE AND PEDESTRIAN FACILITIES PUBLIC TRANSPORTATION STREETS & ROADS x Article 3 x Article 4 x Article 8a

STANDARD ASSURANCES FOR CLAIMANTS
CLAIMANT ASSURANCES: (initial yellow box all that apply) x
x
The undersigned hereby certifies that the above statements are true and correct.

Please print and sign after completing form
Name/Title:

Date:

City of Selma
Margarita Moreno, Finance Director
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).

Authorized
Signature:

B. Claimant certifies that it has submitted a State Controller Report to the RTPA and to the State Controller, pursuant to PUC 99243.
38 This Page Left Blank Intentionally
39 2-5
Receive and file the City of
Selma Cash and Investment
Report-Q4 Fiscal Year
2025-26
40 ITEM NO: 2-5

CITY COUNCIL STAFF REPORT
MEETING DATE: September 15, 2026
SUBJECT: Receive and file the City of Selma Cash and Investment Report-Q4 Fiscal Year 2025-26
SUBMITTED: Margarita Moreno, Finance Director/Treasurer APPROVED: Jason Rogers, City Manager
RECOMMENDATION:

Staff recommend that the City Council receive and file the Cash and Investment Report for the fourth quarter of Fiscal Year 2025-2026.

DISCUSSION:

The Cash and Investment Report provides a comprehensive summary of the City’s cash and investment activities. For the fourth quarter of Fiscal Year 2025–2026, the City’s investments have generated interest income totaling $264,902.

Currently, the City’s investments are held across the following financial institutions:

U.S. Bank
Umpqua Bank
Local Agency Investment Fund (L.A.I.F.)
On May 6, 2025, the City Council adopted an updated Investment Policy, which mandates the preparation of the Cash and Investment Report on a quarterly basis. This update underscores the City’s ongoing commitment to transparency, accountability, and compliance in managing public funds.

To ensure strong internal controls, any withdrawals by City staff from these institutions require dual approval, reinforcing the safeguarding of public assets.

FISCAL IMPACT:

Interest earned is allocated on a quarterly basis to various funds.

Attachments:
☐ Resolution
☐ Ordinance
☐ Map
☐ Agreement
☒ Other
List:

1. Cash & Investment Report
41 42
This Page Left Blank Intentionally
43 2-6
Adopt Resolution 2026-99
approving the California Arts
Council Arts and Youth Grant
(AAY-26-30588)
44 ITEM NO: 2-6

CITY COUNCIL STAFF REPORT
MEETING DATE: September 15, 2026
SUBJECT: Adopt Resolution 2026-99 approving the California Arts Council Arts and Youth Grant (AAY-26-30588)
SUBMITTED: Liz M. Fletcher, Community Services Director APPROVED: Jason Rogers, City Manager
RECOMMENDATION:

Staff recommends the City Council Adopt Resolution 2026-99 authorizing acceptance of the California Arts Council Arts and Youth Grant (Grant No. AAY-26-30588) in the amount of $17,063.00; Amend the FY 26/27 budget to increase Revenue GL 1000-6300-42000 (Grant Revenue) by $17,063.00 and increasing Expense GL 1000-6300-610000 (Supplies) by $17,063.00; Authorizing payment to Granted Solutions in the amount of $511.89 for grant writing services to be accrued to GL 1000-5110-600000 (Professional Services); and authorizing the City Manager or designee to execute all necessary associated documents.

DISCUSSION:

With support from the California Arts Council, the City of Selma will provide accessible, community-based youth performing arts programming through the Cool Kid Players (CKP) Youth Performing Arts Program. Grant funds will support the 2026 winter full-scale musical production Shrek Jr., youth theater instruction, technical theater training, accessibility accommodations, artist compensation, and Summer Theater Boot Camp activities serving youth ages 6–16 in rural Fresno County. The project will provide low-cost arts education and performance opportunities for underserved youth in a predominantly low-income, Hispanic community with limited access to arts programming. Funding will support inclusive participation practices, bilingual outreach, ASL-interpreted performances, and community engagement activities designed to expand equitable access to arts learning, strengthen youth leadership development, and foster creativity, confidence, and community connection through the performing arts.
45 FISCAL IMPACT:

Acceptance of this grant will result in the following budget amendments to the Fiscal Year 2026/2027 budget:

Increase Revenue GL 1000-6300-42000 (Grant Revenue) by $17,063.00 Expense GL 1000-6300-610000 (Supplies) by $17,063.00
Expense Accrual 1000-5110-600000 (Professional Services) to Granted Solutions $511.89.

There is no net General Fund impact from the grant award itself, as the revenue and expenditure amendments are offsetting. The $511.89 payment to Granted Solutions for grantwriting services will be accrued to the Professional Services account and is consistent with the City's ongoing grant management consulting arrangement.

Attachments:
☒ Resolution 2026-99
☐ Ordinance
☐ Map
☐ Agreement
☐ Other
List:
46 1
RESOLUTION NO. 2026-99

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA, CALIFORNIA,

APPROVING THE CALIFORNIA ARTS COUNCIL ARTS AND YOUTH GRANT (AAY-26-30588) IN THE AMOUNT OF $17,063.00.

WHEREAS, The City of Selma Applied for an Arts & Youth Grant through the California Arts Council and was awarded $17,063.00; and WHEREAS, Acceptance of the grant requires approval of the California Arts Council Grant Agreement No. AAY-26-30588 between the City of Selma and the California Arts Council, and authorization for the City Manager or designee to execute all associated documents; and
WHEREAS, T authorizing acceptance of the California Arts Council Youth Grant (Grant No. AAY-26-30588) in the amount of $17,063.00; Amend the FY 26/27 budget to increase Revenue GL 1000-6300-42000 (Grant Revenue) by $17,063.00 and increasing Expense GL 1000-6300-610000 (Supplies) by $17,063.00; Authorizing payment to Granted Solutions in the amount of $511.89 for grant writing services to be accrued to GL 1000-5110- 600000 (Professional Services); and
WHEREAS, Granted Solutions provided grant writing services in connection with the preparation and submission of the California Arts Council grant application, and payment of $511.89 is due and shall be accrued to GL 1000-5110-600000 (Professional Services); and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Council hereby authorizes acceptance of the California Arts Council Art and Youth Grant in the amount of $17,063.00.

SECTION 3. Severability. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

SECTION 4. Effective Date. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect. 47 2
PASSED, APPROVED, AND ADOPTED at a Regular Meeting of the City Council of the City of Selma held on the 15th day of September 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

________________________
ATTEST: Scott Robertson,
Mayor
______________________________
Miriam Cruz
Interim City Clerk
48 This Page Left Blank Intentionally
49 2-7
Adopt Resolution 2026-100 Approving
the California Arts Councils General
Operating Support Grant
(GEN-26-30573)
50 ITEM NO: 2-7

CITY COUNCIL STAFF REPORT
MEETING DATE: September 15, 2026
SUBJECT: Adopt Resolution 2026-100 Approving the California Arts Councils General Operating Support Grant (GEN-26-30573)
SUBMITTED: Liz M. Fletcher, Community Services Director APPROVED: Jason Rogers, City Manager
RECOMMENDATION:

Staff recommends the City Council Adopt Resolution 2026-100 authorizing acceptance of the California Arts Council General Operating Support Grant (Grant No. GEN-26-30573) in the amount of $18,000.00; Amend the FY 26/27 budget to increase Revenue GL 5004-6300-421000 (Grant Revenue) by $18,000.00 and increasing Expense GL 1000-6300-610000 (Supplies) by $18,000.00; Authorizing payment to Granted Solutions in the amount of $540.00 for grant writing services to be accrued to GL 1000-5110-600000 (Professional Services); and authorizing the City Manager or designee to execute all necessary associated documents.

DISCUSSION:

With support from the California Arts Council, City of Selma will sustain and expand operating support for the Selma Arts Center (SAC), a municipally operated cultural institution serving Selma and rural communities in Fresno County. Funds will support personnel, utilities, facility maintenance, accessibility services, and year-round programming.

Funding will help SAC continue providing equitable, low- and no cost arts programming, including theatrical productions, youth arts education through the Cool Kid Players (CKP) and SACTeen programs, community events, and original works by Central Valley artists. As one of the few year-round arts organizations serving this predominantly low-income, Hispanic region, SAC expands access to culturally relevant arts experiences through bilingual outreach, inclusive programming, and accommodations for individuals with disabilities. This investment will strengthen organizational sustainability, increase participation among underserved populations, and ensure community access to arts programming region wide. 51 FISCAL IMPACT:

Acceptance of this grant will result in the following budget amendments to the Fiscal Year 2026/2027 budget:

Increase Revenue GL 5004-6300-421000 (Grant Revenue) by $18,000.00 Expense GL 1000-6300-610000 (Supplies) by $18,000.00
Expense Accrual 1000-5110-600000 (Professional Services) to Granted Solutions $540.00 There is no net General Fund impact from the grant award itself, as the revenue and expenditure amendments are offsetting. The $540.00 payment to Granted Solutions for grantwriting services will be accrued to the Professional Services account and is consistent with the City's ongoing grant management consulting arrangement.

Attachments:
☐ Ordinance
☐ Map
☐ Agreement
☒ Resolution 2026-100
☐ Other
List:
52 1
RESOLUTION NO. 2026-100

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA, CALIFORNIA,

APPROVING THE CALIFORNIA ARTS COUNCIL GENERAL OPERATING SUPPORT GRANT IN THE AMOUNT OF $18,000.00.

WHEREAS, the City of Selma Applied for a General Operating Support Grant through the California Arts Council and was awarded $18,000.00; and WHEREAS, acceptance of the grant requires approval of the California Arts Council Grant Agreement No. GEN-26-30573 between the City of Selma and the California Arts Council, and authorization for the City Manager or designee to execute all associated documents; and
WHEREAS, acceptance of the California Arts Council General Operating Support Grant (Grant No. GEN-26-30573) in the amount of $18,000.00; Amend the FY 26/27 budget to increase Revenue GL 5004-6300-421000 (Grant Revenue) by $18,000.00 and increasing Expense GL 1000-6300-610000 (Supplies) by $18,000.00; Authorizing payment to Granted Solutions in the amount of $540.00 for grant writing services to be accrued to GL 1000-5110- 600000 (Professional Services); and
WHEREAS, Granted Solutions provided grant writing services in connection with the preparation and submission of the California Arts Council grant application, and payment of $540.00 is due and shall be accrued to GL 1000-5110-600000 (Professional Services); and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Council hereby authorizes acceptance of the California Arts Council General Operating Support Grant in the amount of $18,000.00.

SECTION 4. Effective Date. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect. 53 2
PASSED, APPROVED, AND ADOPTED at a Regular Meeting of the City Council of the City of Selma held on the 15th day of September 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

________________________
ATTEST: Scott Robertson,
Mayor
______________________________
Miriam Cruz
Interim City Clerk
54 This Page Left Blank Intentionally
55 2-8
Adopt Resolution 2026-101
Authorizing the Special Event
Fee Waiver - Soup & Bread
Festival
56 ITEM NO: 2-8

CITY COUNCIL STAFF REPORT
MEETING DATE: September, 15, 2026
SUBJECT: Adopt Resolution 2026-101 Authorizing the Special Event Fee Waiver- Soup & Bread Festival
SUBMITTED: Liz M. Fletcher
APPROVED: Jason Rogers, City Manager
RECOMMENDATION:

Staff is seeking approval to adopt the attached Resolution 2026-101 accepting the request from Christ Driven Church (CDC) to waive fees for their event.

DISCUSSION:

Christ Driven Church has submitted a request to waive fees associated with the Soup & Bread Festival (Map attached).

Fees associated with this event include Special Events Permit, Sound Permit, Street Closure Permit, totaling $905
This event will take place on October 31st on Sylvia St. in between 1st and 2nd as shown in map attachment. CDC has held this event in the City of Selma for various years. The fee waiver serves a public purpose by providing a safe space to get together as a community on October 31st.

FISCAL IMPACT:

A revenue loss of $905.

Attachments:
☒ Resolution 2026-101
☐ Ordinance
☒ Map
☐ Agreement
☒ Other
List: Fee Waiver Application &
501(c)(3) letter
57 1
RESOLUTION NO. 2026-101

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA, CALIFORNIA,

ADOPTING A FEE WAIVER REQUEST FOR THE SOUP & BREAD FESTIVAL TAKING PLACE ON OCTOBER 31, 2026.

WHEREAS, Christ Driven Church requested that the City Council waive fees associated with its Annual Soup and Bread Festival event to be held on October 31, 2026; and WHEREAS, the total fees associated with the Festival are Nine Hundred and Five Dollars ($905.00), which includes the fees for the special events permit, sound permit, and street closure permit; and
WHEREAS, the total amount the Christ Driven Church is requesting the City Council to waive is are Nine Hundred and Five dollars ($905.00); and WHEREAS, while the City is proposing to waive certain fees associated with the Festival, Christ Driven Church is still required to comply with all other provisions of the City’s Municipal Code; and

WHEREAS, the fee waiver serves a public purpose in that the event provides a safe alternative for youth and families on Halloween. The annual Soup and Bread Festival is also a free event, provides the opportunity to celebrate local culture in Selma and, creates a sense of community pride; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Council hereby approves the fee waiver for the Soup and Bread Festival in the amount of Nine Hundred and Five Dollars ($905.00).

SECTION 3. Christ Driven Church shall comply with the City’s Municipal Code during the Festival, and provide the City with all information required by City staff.

SECTION 4. Severability. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

SECTION 5. Effective Date. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect. 58 2
PASSED, APPROVED, AND ADOPTED at a Regular Meeting of the City Council of the City of Selma held on the 15th day of September 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

________________________
ATTEST: Scott Robertson,
Mayor
______________________________
Miriam Cruz
Interim City Clerk
59 1801 building 1924 building 1926 building 1926 building

ROCKWALL LIGHT BBQ
GAME
BOOTH
GAME
BOOTH cake
walk
STAGE

POPCORN &

COTTONCANDY
FACE
PAINT

TICKETS

PORTABLE

TOILETS
BOUNCE
HOUSE
BULL
PRAYER
BOOTH

SOUP COMPETITION
COATS
LIGHT

PARKING
LIGHT
---------TRAIN ROUTE -------
CANDY

STREET CLOSURE

STREET CLOSURE
Second Street
First Street
60 City of Selma
Application for Special Event Fee Waiver
or Fee Reduction-Nonprofit 501(c)(3)

SELMA CITY HALL
1710 Tucker Avenue, Selma, CA 93662
(559) 891-2200 Fax (559) 896-1068
Policy:

The City of Selma (City) recognizes the value of partnering with other agencies and organizations in providing services that benefit the community and its residents. In an effort to provide support for organizations providing valuable services to the community, specific guidelines have been established for determining when permit fees may be reduced or waived (see “Fee Reduction or Waiver Policy for Special Events”). In order to request a reduction or waiver of fees, please complete this application and submit it with necessary documentation to the address provided on the last page.

Policy approved by City Council on March 4, 2019 (Resolution No. 2019-11R) THIS APPLICATION IS DUE TO THE CITY 60 DAYS PRIOR TO THE EVENT REQUESTING (Please check all that apply)
( ) Fee waiver ( ) Fee reduction (Amount Requested: $_______)

SPONSORING ORGANIZATION INFORMATION
Name of Organization: ___________________________________________________ Address: _______________________________________________________________ Telephone: ___________________________________ Cell: _____________________ Email: ________________________________________________________________ Event Coordinator: ______________________________________________________ Telephone: ___________________________________ Cell: _____________________ Email: ________________________________________________________________ Nonprofit 501(c) (3) tax-exempt organization:________________________________ Employer Identification Number Required: __________________________________ Located in Selma:________________________________________________________ Has organization received any other financial assistance from the City this year?____ _______________________________________________________________________ 61 EVENT INFORMATION
Name of Event: _________________________________________________________ Type of Event: __________________________________________________________ Facility Requested or Event Location: ______________________________________ Date of Event: __________________________________________________________ Event Hours: ___________________________________________________________ On which dates and at what times are you requesting permission to setup/clean up? Set up: _______________________Clean up: _________________________________ Please describe the event, its purpose, and the activities that will take place:
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________ Is the event open to the public: _____________________________________________ Estimated number of participants/spectators: _________________________________ Is this event a fundraiser: __________________________________________________ Will there be an admission, entrance, user fee or cover charge for the event? If so, please explain: __________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ How will the event benefit Selma: __________________________________________ _______________________________________________________________________ Will promotional materials be used? How are you planning to market the event:
_______________________________________________________________________ _______________________________________________________________________ 62 _______________________________________________________________________ Will the event create revenue-generating opportunities for local Selma businesses? If so, how: ________________________________________________________________ ________________________________________________________________________ Can you commit to tracking event attendance and vendor sales to report the City’s Economic Development Team following the event? Yes____ No____ If yes, please describe how you will track attendance and sales:
________________________________________________________________________ ________________________________________________________________________ Has your organization put on this same event in the past: Yes____ No____ If not, has your organization put on other events in Selma? If so, please indicate which ones: _____________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Other organizations participating in organization of the event: ___________________ ________________________________________________________________________ Other organizations participating in event: ___________________________________ _______________________________________________________________________ Will this event receive third party funding or sponsorship: ______________________ _______________________________________________________________________ _______________________________________________________________________ Name of Applicant (Print):________________________________ Date:___________ Signature of Applicant: ___________________________________________________ Please deliver completed application to (City Hall, 1710 Tucker Street, Selma, CA 93662 Building-Planning Technician, 559-891-2208) along with a copy of your organization IRS 501(3)(c) determination letter. Incomplete applications or requests will not be considered.

Planning Office Use Only
Date Received:______________________________________
Received By: _______________________________________
Application Rcvd ( ) IRS 501(3)(c) Rcvd ( )
Date Forwarded for Approval:_________________________
63 64
65 This Page Left Blank Intentionally
66 2-9
Adopt Resolution 2026-102 Approving
a Nonemergent Transportation
Services Agreement between the City
of Selma and Hanford Community
Hospital dba Adventist Health
Hanford, Hanford Community
Hospital dba Adventist Health Selma,
and Authorization for the City
Manager or Designee to Execute All
Necessary Associated Documents
67 ITEM NO: 2-9

CITY COUNCIL STAFF REPORT
MEETING DATE: September 15, 2026
SUBJECT: Consideration of a Resolution 2026-102 Approving a Nonemergent Transportation Services Agreement between the City of Selma and Hanford Community Hospital dba Adventist Health Hanford, Hanford Community Hospital dba Adventist Health Selma, and Authorization for the City Manager or Designee to Execute All Necessary Associated Documents
SUBMITTED: Jordan Webster, Fire Chief
APPROVED: Jason Rogers, City Manager
RECOMMENDATION:

Staff recommends the City Council adopt Resolution 2026-102 authorizing the City Manager or designee to execute the Nonemergent Transportation Services Agreement ("Agreement") between the City of Selma ("City" or "Vendor") and Hanford Community Hospital dba Adventist Health Hanford, Hanford Community Hospital dba Adventist Health Selma ("Adventist Health"), for the provision of non-emergency ambulance transportation services, and authorizing the City Manager or designee to execute all necessary associated documents.

DISCUSSION:

The Selma Fire Department's EMS Division has historically provided non-emergency ambulance transport services for Adventist Health on an informal basis, without a formal agreement in place to bill for those services. As a result, the City was previously unable to recover its costs for providing this type of transport. This Agreement formalizes the relationship between the City and Adventist Health by establishing a defined mechanism through which Adventist Health may request non-emergency transportation services from the Fire Department's EMS Division, and through which the City may bill for those services at an established rate. Non-emergency transport services provided by the Fire Department also benefits the broader community: by assisting with the movement of patients who do not require emergency-level transport, hospital beds and resources are freed up more quickly, which in turn supports faster access to emergency services for other community members.

The Agreement covers non-emergency ambulance transportation services, including both Advanced Life Support (ALS) and Basic Life Support (BLS) ground transport, provided by the Fire Department's EMS Division to Adventist Health patients. Under the Agreement, the City is responsible for supplying appropriately trained and certified EMS personnel, along with fully equipped emergency medical vehicles and equipment meeting applicable ALS and BLS regulatory requirements. All patient care provided during transportation shall be performed under the appropriate medical protocols and in accordance with applicable laws, regulations, and best practices. The Agreement has an initial term of one (1) year from the Effective Date (defined as the last date signed by both parties) and automatically renews for successive one-year terms unless either party provides written notice of intent not to renew at least 60 days before the end of the then-current term. Adventist Health will compensate the 68 City in accordance with the City's then-current adopted Ambulance Fee Schedule, with a 20% discount applied to the total amount of all services rendered per occurrence. This discount reflects the community partnership and mutual benefit of the arrangement.

FISCAL IMPACT:

This Agreement establishes a mechanism for the City to recover costs for non-emergency ambulance transport services provided to Adventist Health patients, at the discounted rates set forth in the Fee Schedule above. Revenue generated under this Agreement will be received into the Ambulance Fund. No additional budget amendment is required.

Attachments:
☒ Resolution 2026-102
☐ Ordinance
☐ Map
☐ Agreement
☒ Other
Attachment A: Nonemergent Transport Services Agreement
69 1
RESOLUTION NO. 2026-102

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA,

CALIFORNIA, APPROVING A NONEMERGENT TRANSPORTATION SERVICES

AGREEMENT WITH HANFORD COMMUNITY HOSPITAL DBA ADVENTIST

HEALTH HANFORD, HANFORD COMMUNITY HOSPITAL DBA ADVENTIST

HEALTH SELMA, FOR NON-EMERGENCY AMBULANCE TRANSPORTATION

SERVICES FOR THE SELMA FIRE DEPARTMENT, AND AUTHORIZING THE

CITY MANAGER OR DESIGNEE TO EXECUTE ALL NECESSARY ASSOCIATED

DOCUMENTS
WHEREAS, the Selma Fire Department's EMS Division provides emergency medical services and ambulance transport to residents throughout the City of Selma and surrounding communities, and has historically provided non-emergency ambulance transport services on an informal basis without a formal agreement in place to bill for those services; and
WHEREAS, the Nonemergent Transportation Services Agreement with Hanford Community Hospital dba Adventist Health Hanford, Hanford Community Hospital dba Adventist Health Selma ("Adventist Health") formalizes the relationship between the City and Adventist Health by establishing a defined mechanism through which Adventist Health may request non-emergency transportation services and through which the City may bill for those services at an established rate; and
WHEREAS, under the Agreement, the City will provide Advanced Life Support (ALS) and Basic Life Support (BLS) ground transportation services to Adventist Health patients, including appropriately trained and certified EMS personnel and fully equipped emergency medical vehicles and equipment; and
WHEREAS, Adventist Health will compensate the City in accordance with the City's then-current adopted Ambulance Fee Schedule, with a 20% discount applied to the total amount of services rendered per occurrence; and
WHEREAS, the Agreement has an initial term of one (1) year from the Effective Date, with automatic renewal for successive one-year terms unless either party provides written notice of intent not to renew at least 60 days before the end of the then-current term; and
WHEREAS, non-emergency transport support from the Fire Department benefits the broader community by assisting with the movement of patients who do not require emergency-level transport, thereby freeing hospital beds and resources more quickly and supporting faster access to emergency services for other community members; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA DOES HEREBY RESOLVE AS FOLLOWS:
70 2
SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Council hereby approves the Nonemergent Transportation Services Agreement with Hanford Community Hospital dba Adventist Health Hanford, Hanford Community Hospital dba Adventist Health Selma, for non-emergency ambulance transportation services for the Selma Fire Department.

SECTION 3. Revenue generated under this Agreement shall be received into the Ambulance Fund. No additional budget amendment is required.

SECTION 4. The City Manager or designee is hereby authorized to execute all necessary documents associated with this Agreement.

SECTION 6. Effective Date. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED, AND ADOPTED at a Regular Meeting of the City Council of the City of Selma held on the 15th day of September 2026 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
ATTEST: Scott Robertson
Mayor
_______________________________
Miriam Cruz
Interim City Clerk
71 Exhibit A
Professional Services
Agreement,
Vitalvoice.ai Inc
72 1
Non-Emergency Transportation Services Agreement 20230629

NONEMERGENT TRANSPORTATION SERVICES AGREEMENT
This NONEMERGENT TRANSPORTATION SERVICES AGREEMENT (“Agreement”) is made and entered into effective as of the Effective Date in Section (E), by and between Hanford Community Hospital dba Adventist Health Hanford, Hanford Community Hospital dba Adventist Health Selma and City of Selma, parties identified below in Section (A) (each individually, a “Party” or, collectively, the “Parties”). This Agreement includes this cover sheet (“Cover Page”), the attached Recitals, Articles, and the exhibits identified in Section (F). (A) Legal Name: City of Selma
Business Entity Type: Municipal Corporation
Address for notices: 1710 Tucker St. Selma, CA 93662
Notices shall comply with Section 6.14.
(“Vendor”)
(B) Legal Name: Hanford Community Hospital dba Adventist Health Hanford, Hanford Community Hospital dba Adventist Health Selma Address for notices: 115 Mall Drive
Hanford CA. 932301141 Rose Ave. Selma, CA
93662
With a copy to: Adventist Health
System/West
One Adventist Health Way
Roseville, California 95661
Attention: Office of General Counsel
Notices shall comply with Section 6.14.

(C) Goods and/or Services: Non-Emergent Ambulance Transportation (“Transportation Services”)
(D) Term: ☐ 1 year ☐ 2 years ☐ 3 years ☒ Other: See Section 4.1 (“Term”) (E) Effective Date: last date signed (“Effective Date”) (F) The following exhibits are part of this Agreement:

Exhibit 2.1 Transportation Services
Exhibit 2.2 Business Associate Agreement
Exhibit 3.1 Compensation
The Parties have executed this Agreement as of the dates below and signify their agreement with duly authorized signatures.

Hanford Community Hospital dba Adventist
Health Hanford, Hanford Community Hospital
dba Adventist Health Selma
By: _____________________________
Name: Heidar Thordarson_______________
Title: Treasurer______________________
Date: ___________________________
Vendor: City of Selma
By: _____________________________
Name: Jason Rogers_______________
Title: City Manager________________
Date: ___________________________
73 2
Non-Emergency Transportation Services Agreement

NONEMERGENT TRANSPORTATION SERVICES AGREEMENT
Recitals
A. Adventist Health owns and operates a general acute care hospitals. located at 115 Mall Drive, Hanford CA. 93230 and 1141 Rose Ave. Selma, CA 93662.

B. Vendor is in the business of providing the Transportation Services described in the Agreement.

C. Adventist Health wishes to engage Vendor to perform certain transportation services in accordance with the terms and conditions of this Agreement.

In consideration of these recitals and the terms and conditions below, the Parties agree as follows:

Article 1
Definitions

1.1 “Affiliate” means any entity that, directly or indirectly, controls, is controlled by or is under common control with Adventist Health or Vendor.

1.2 “Government Action” means any legislation, regulation, rule or procedure passed, adopted or implemented by any federal, state or local government or legislative body or any private agency, or any notice of a decision, finding, interpretation or action by any governmental or private agency, court or other third party which, in the opinion of legal counsel to Adventist Health, because of the arrangement between the Parties pursuant to this Agreement, if or when implemented, would: (i) revoke or jeopardize the status of any health facility license granted to Adventist Health or any Affiliate of Adventist Health; (ii) revoke or jeopardize the federal, state, or local tax-exempt status of Adventist Health, or any Affiliate of Adventist Health, or their respective tax-exempt financial obligations; (iii) prohibit Adventist Health or any Affiliate of Adventist Health from billing for services provided to patients; (iv) subject Adventist Health, Vendor, any Affiliate of Adventist Health, or any of their respective employees or agents, to civil or criminal prosecution (including any excise tax penalty under Internal Revenue Code Section 4958), based on their participation in executing this Agreement or performing their respective obligations under this Agreement; or (v) jeopardize Adventist Health’s full accreditation with any accrediting organization as Adventist Health designates from time to time.

1.3 “Policies” means all applicable Adventist Health policies and procedures, as amended from time to time.

1.4 “Vendor Personnel” means Vendor’s members, officers, directors, employees, independent contractors, and agents.

1.5 “MedicalNecessity” means the patient's condition stipulates that "using other means of transportation would endanger the patient's health ".

Article 2
Duties of Vendor

2.1 Transportation Services. Vendor shall provide ground Transportation Services as specified in Exhibit 2.1 to patients of Adventist Health.

2.2 Business Associate
(a) Vendor may receive Protected Health Information from Adventist Health while providing Transportation Services. For purposes of this Agreement, “Protected Health Information” has the same meaning as “protected health information” in the federal Health Insurance Portability and Accountability 74 3
Non-Emergency Transportation Services Agreement
Act of 1996 and the federal Health Information Technology for Economic and Clinical Health Act of 2009 and their respective regulations, including 45 C.F.R. § 164.501. (b) Considering Section 2.2(a), the Parties shall concurrently enter into a business associate agreement, which shall govern the disclosure of such Protected Health Information under this Agreement and is attached as Exhibit 2.2 (“Business Associate Agreement”). (c) If there is a conflict between this Agreement and the Business Associate Agreement, the Business Associate Agreement governs.

2.3 Standards of Performance.
(a) Industry Standards. Vendor shall perform Transportation Services in accordance with industry standards established by those engaged in a business similar to that of Vendor. (b) Licenses. Vendor shall obtain at its own cost all licenses (including professional licenses), permits, certificates and authorizations necessary for Vendor to do business in all jurisdictions where any part of the Transportation Services are to be performed, and give all notices required under applicable law.
(c) Training and Safety. Vendor Personnel that provide Transportation Services shall have the requisite skill, training, licensing, and qualifications necessary to perform Transportation Services in accordance with generally accepted industry standards.
(d) Vehicles and Equipment. If Vendor is providing the vehicles and equipment to provide Transportation Services, such vehicles and equipment shall be in good and safe condition, with good title, reasonably maintained, and lack any known defects or hazards. (e) Order. Vendor shall, at all times, enforce strict discipline and good order among its employees and subcontractors and shall have only qualified personnel perform Transportation Services in connection with this Agreement. Vendor shall not employ any unfit person or anyone not skilled in performance of the Transportation Services in connection with this Agreement. Adventist Health has the right to require Vendor to remove any Vendor Personnel whose presence Adventist Health deems, in its sole discretion, to be detrimental to the best interests of Adventist Health or any of its patients or staff. (f) Identification of Employees. Vendor acknowledges that Adventist Health has vendor registration Policies and procedures, and that Vendor Personnel will be required to comply with all such registration requirements. All Vendor Personnel that require access to Adventist Health shall be registered and credentialed with Adventist Health’s credentialing system. Vendor Personnel that have not been appropriately registered and credentialed will be denied access to Adventist Health. Vendor shall have Vendor Personnel prominently wear name tags or other suitable identification indicating their status as employees of Vendor when at Adventist Health.
(g) Harmonious Relations. Vendor acknowledges and agrees that the Transportation Services will take place at hospitals and other healthcare facilities where health and medical care are provided and any actions which jeopardize the delivery of medical services may have serious, lifethreatening consequences. Vendor shall take all action necessary to ensure that Vendor Personnel shall at all times work in harmony with, and shall not interfere with or disrupt or cause labor disharmony with the activities of Adventist Health, or any other contractor or third party at Adventist Health. (h) Waste Removal. Vendor shall keep the Facilities free from accumulation of waste materials or rubbish caused by Vendor's operations.

2.4 Compliance.
(a) Laws and Guidelines. Vendor and Vendor Personnel shall comply with all laws, guidelines, ordinances, rules, regulations and accrediting agency standards (including The Joint Commission standards) which are applicable to Vendor’s performance under this Agreement. Vendor 75 4
Non-Emergency Transportation Services Agreement
shall not take, and is not authorized to take, any action in the name of or on behalf of Adventist Health, or which would violate any applicable law or guideline. If Vendor performs any Transportation Services contrary to applicable law or guideline, any additional costs resulting therefrom, including costs to comply with such law and the cost of fully indemnifying Adventist Health from any liability or expenses with respect to such violations by Vendor may be offset by Adventist Health against amounts due and owing to the Vendor hereunder.
(b) Policies. Vendor shall also ensure that Vendor Personnel comply with all Policies while performing Transportation Services on Adventist Health’s premises, including Policies relating to smoking, security, parking, use of radio equipment and mobile devices, access to any computer network, security, clothing and dress. In the event of a conflict between this Agreement and the Policies, the Policies govern.
(c) Accreditation. Vendor shall comply with all applicable accreditation standards required by Adventist Health, including any applicable standards of The Joint Commission, the Centers for Medicare and Medicaid Services, the Department of Health and Human Services, and any other federal, state, and local agencies and accreditation organizations. (d) Safety Regulations. Vendor shall take all necessary and desirable precautions for the safety of all persons on Adventist Health’s property, and provide the necessary protection to prevent damage, injury, or loss: (i) to or at Adventist Health; (ii) to all materials or equipment to be provided, incorporated in, or utilized in connection with the Transportation Services, whether on or off Adventist Health’s property; and (iii) to all persons receiving Transportation Services. Vendor is prohibited from bringing any firearms, explosives or weapons of any kind onto Adventist Health’s property.

2.5 Confidential Information. Vendor acknowledges that during the performance of Transportation Services, Vendor or Vendor Personnel may receive confidential information of Adventist Health, whether disclosed orally, visually or in writing, and whether or not bearing any legend or marking indicating that such information or data is confidential, including know-how, processes, trade secrets, manuals, confidential reports, services rendered by Adventist Health, procedures and methods preferred by Adventist Health’s patients, individually identifiable health information (as defined under HIPAA) and derivatives thereof, fees paid by patients, financial and operational information, and other matters relating to the operation of Adventist Health’s business; or other information which Vendor knows or has reason to know is confidential information of Adventist Health (all referred to herein as “Confidential Information”). Vendor and Vendor Personnel shall hold all Confidential Information in confidence, using the same degree (but no less than a reasonable degree) of care and protection that Vendor exercises with its own confidential information, during the term of this Agreement. Vendor and Vendor Personnel shall not directly or indirectly disclose, copy, distribute, republish or allow access to any Confidential Information to a third party; nor shall Vendor or Vendor Personnel use Confidential Information for any purpose other than as necessary to fulfill Vendor’s obligations under this Agreement. Notwithstanding the above, Vendor may disclose Confidential Information if so required by law or regulation (including court order or subpoena or other governmental decree or authority), provided that Vendor will, if allowed by law, notify Adventist Health promptly upon learning of the government requirements and before making such disclosure, and will provide Adventist Health with an opportunity (at Adventist Health’s expense) to resist such disclosure or to seek a protective order or other appropriate procedure so that the disclosure, if required, can be made in a manner that preserves the confidentiality of the Confidential Information. Vendor shall promptly notify Adventist Health of any improper use or disclosure of Confidential Information.

2.6 Publicity. Vendor shall not use Adventist Health's trade name, trademarks, brands, or company logo in any form of publicity or release. Vendor shall not make any statement, advertisement or publicity, nor issue any marketing letter, about the existence or terms of this Agreement without the prior written consent of Adventist Health, which Adventist Health may withhold in its sole discretion. 76 5
Non-Emergency Transportation Services Agreement

2.7 Excluded Persons. Vendor represents and warrants that neither it nor anyone acting on its behalf is a person or entity with whom Adventist Health is restricted from doing business due to: (a) regulations of the Office of Foreign Assets Control (“ORAC”) of the Department of the Treasury (including those names on OFAC’s Specially Designated and Blocked Persons List); (b) identification by any federal or state agency as excluded, debarred, suspended or otherwise ineligible to participate in federal and/or state health care programs; (c) conviction of any crime relating to any federal and/or state health care program; or (d) any statute, executive order, or other governmental action. Vendor shall promptly notify Adventist Health in writing in the event Vendor, any Vendor Personnel, or subcontractor is restricted under this Section.

2.8 Physician Ownership. Vendor shall disclose all financial and consulting relationships it has with physicians and other clinicians on the staff of Adventist Health or any Affiliate, or the family members of any such physicians or clinicians, and shall comply in all respects with the AdvaMed Code of Ethics on Interactions with Health Care Professionals as currently in effect. Vendor represents that it is not owned in whole or part by any physician, or any immediate family member of a physician, who is on the medical staff of Adventist Health or any Affiliate, unless Vendor is a corporation that is listed for trading on a recognized national, regional, or foreign stock exchange.

2.9 Subcontractors. Vendor may not use subcontractors to perform Transportation Services unless doing so is compliant with this Agreement.

2.10 Invoicing. To the extent Vendor is not required to bill a third party for Transportation Services, Vendor shall bill Adventist Health for such compensation not more frequently than monthly, unless more frequent billing is requested by Adventist Health. Vendor shall bill Adventist Health no later than 90 days after completion of the Transportation Services, or if the Transportation Services are ongoing, no later than 90 days after each month in which Transportation Services are performed. Vendor shall not be paid for Transportation Services billed after such date.

Article 3
Duties of Adventist Health

3.1 Compensation. The rate of reimbursement for services rendered under this Agreement shall be in accordance with the VENDOR's then-current, adopted Fee Schedule. VENDOR shall apply a twenty percent (20%) discount to the total amount of all such services rendered to ENTITY per occurrence. (a) ALS Transports will be billed the ALS 1 Base Rate plus mileage rate per loaded mile. (b) BLS Transports will be billed the BLS Base Rate plus mileage rate per loaded mile. (c) All patient transports that do not meet the definition of Medical Necessity, as defined herein, shall require prior written authorization in the form of a signature from a Charge Nurse or authorized Designee of ENTITY accepting charges for Transport Services. (d) Transports that meet the definition of Medical Necessity or that have been authorized by a Managed Care Plan or other third-party payer shall be billed directly to the applicable insurer or payer prior to any billing to ENTITY.
(e) VENDOR agrees to bill ENTITY within 90 days of Service's received. ENTITY agrees to process invoices for reimbursement within 30 days of receipt. The PARTIES agree that the agreed rates are in no way connected to the referral of patient transports.

3.2 Payment. Adventist Health shall pay all undisputed invoices within 45 days following the receipt of Vendor’s invoice. All compensation required by this Agreement to be made to Vendor shall survive the expiration and/or termination of this Agreement.

Article 4
Term and Termination
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4.1 Term. The term of this Agreement shall be one (1) year from its effective date. This Agreement shall automatically renew for successive one (1) year terms unless one party provides to the other a written notice of intent not to renew the Agreement no less than sixty (60) days prior to the conclusion of the initial or any successive one (1) year term.

4.2 Termination Without Cause. Either Party may terminate this Agreement at any time, without cause, penalty, or expense upon 30 days’ prior written notice to the other Party.

4.3 Termination by Adventist Health. Adventist Health may terminate this Agreement upon the occurrence of any one or more of the following events:
(a) any breach of this Agreement by Vendor where the breach is not cured within 30 days after Adventist Health gives written notice of the breach to Vendor; (b) neglect of Transportation Services by Vendor in a manner that poses an imminent danger to the health or safety of any individual or violates Adventist Health’s Policies; (c) Vendor makes an assignment for the benefit of creditors, admits in writing the inability to pay its debts as it matures, applies to any court for the appointment of a trustee or receiver over its assets, or upon commencement of any voluntary or involuntary proceedings under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution liquidation or other similar law of any jurisdiction;
(d) the insurance required to be maintained by Vendor under this Agreement is terminated, reduced below the minimum coverage requirements set forth in this Agreement, not renewed or cancelled (whether by action of the insurance company or Vendor) for any reason, and Vendor has not obtained replacement coverage as required by this Agreement prior to the effective date of such termination, reduction, non-renewal or cancellation; or
(e) upon a sale of all or substantially all assets comprising Adventist Health’s general acute care hospital, any change of control in Adventist Health’s organization, or any change in control of its day-to-day operations, whether through a membership change or by management contract. Adventist Health shall notify Vendor in writing of such sale or change of control at least 30 days prior to the closing date of any such sale or the effective date of any such change of control.

4.4 Termination by Vendor. Vendor may terminate this Agreement immediately upon breach of this Agreement by Adventist Health where the breach is not cured within 30 days after Vendor gives written notice of the breach to Adventist Health.

4.5 Termination or Modification in the Event of Government Action. (a) If the Parties receive notice of any Government Action, the Parties shall make reasonable efforts to amend this Agreement to comply with the Government Action. (b) If the Parties are unable to amend the Agreement to comply with the Government Action, or, alternatively, if either Party determines in good faith that compliance with the Government Action is impossible or infeasible, this Agreement shall terminate 10 days after one Party notices the other of such fact.

4.6 Effect of Termination. Upon any termination or expiration of this Agreement, all rights and obligations of the Parties shall cease except those rights and obligations that have accrued or expressly survive such termination or expiration.

4.7 Return of Property. Upon any termination or expiration of this Agreement, Vendor shall immediately return to Adventist Health all of Adventist Health’s property, including Adventist Health’s equipment, supplies, furniture, furnishings, and patient records, which is in Vendor’s possession or under Vendor’s control.
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Article 5
Indemnification and Insurance

5.1 Indemnification.
(a) Vendor shall defend, indemnify, and hold harmless Adventist Health and its Affiliates (as defined below) and their respective members, directors, officers, employees, and agents from and against any and all claims, actions, suits, demands, damages, judgments, assessments, liabilities, losses costs and expenses (including reasonable attorney’s fees and costs of litigation) (collectively “Claims”) relating to or arising out of: (i) an allegation that Transportation Services infringe a third party’s trademark, patent, copyright, or other intellectual property right; (ii) the negligent performance of Vendor’s obligations under this Agreement; (iii) a breach or default in the performance of any of Vendor’s obligations under this Agreement, including, without limitation, any breach of any representation or warranty; (iv) any False Claims Act suit; (v) a misrepresentation by Vendor or Vendor Personnel; (vi) Vendor or any Vendor Personnel’s (A) willful misconduct or (B) failure to comply with applicable laws; (vii) Adventist Health’s exercise of its contractual rights under this Agreement; or (viii) all Claims made by any Vendor Personnel to the extent such Claims are not caused by or arising out of or relating to any negligent act, error or omission, willful, fraudulent, or negligent misconduct of Adventist Health. (b) Vendor shall indemnify and hold harmless Adventist Health if any amount of applicable reimbursement is denied or disallowed because of Vendor’s failure to comply with the obligations set forth in this Agreement. Such indemnity shall include, but not be limited to, the amount of reimbursement denied, plus any interest, penalties, and legal costs.
(c) Adventist Health shall indemnify, defend, and hold Vendor harmless from and against any and all Claims arising out of or relating to: (i) Adventist Health’s failure to comply with the terms of this Agreement or (ii) the negligent acts or omissions of Adventist Health or any of its employees or agents in the performance of Adventist Health’s obligations under this Agreement. (d) Insurance coverage does not limit the indemnification in this Section.

5.2 Insurance. Vendor shall maintain, at no cost to Adventist Health, at least the following insurance coverage, with the minimum amounts listed below:
(a) Workers’ Compensation Insurance. When required by law, Workers’ Compensation insurance sufficient to comply with any applicable Workers’ Compensation Law. When coverage is required under this Section, Vendor waives its rights of recovery and will request its insurer to issue an endorsement waiting rights of subrogation against Adventist Health. (b) Commercial General Liability Insurance. Commercial General Liability insurance including but not limited to, contractual liability coverage, independent contractor’s liability, coverage for bodily injury (including death), property damage (including loss of use thereof), ongoing and completed operations, products liability, and personal and advertising injury, in the amount of $1,000,000 per occurrence and $3,000,000 in the aggregate. This coverage shall be primary to Adventist Health’s coverage, and Adventist Health’s coverage shall be noncontributory. (c) Employers Liability Insurance. Employers’ Liability insurance with minimum liability limits of $1,000,000.00 for each occurrence. Sole proprietors with no employees are exempt of this requirement unless and until the sole proprietor becomes an employee. When coverage is required under this Section, Vendor waives its rights of recovery and will request its insurer to issue an endorsement waiting rights of subrogation against Adventist Health. (d) Commercial Automobile Liability Insurance. Commercial Automobile Liability insurance shall cover injury (or death) and property damage arising out of the ownership, maintenance, or use of any private passenger or commercial vehicles and any other equipment required to be licensed for road use with a combined single limit of $1,000,000.00 per occurrence. 79 8
Non-Emergency Transportation Services Agreement
(e) Professional Liability Insurance. Professional liability insurance with limits of at least $1,000,000 per occurrence, $3,000,000 in the aggregate and the Products Liability policy exclusion of “professional services” must be removed.
(f) Privacy (Cyber Risk) Liability Insurance. Privacy (cyber risk) liability insurance including coverage for at a minimum, privacy violations, information theft, damage to or destruction of electronic information, intentional and/or unintentional release of private information, alteration of electronic information, loss of digital assets, non-physical business interruption, security event costs including notification and mitigation costs, with limits of at least $10,000,000 per occurrence, $10,000,000 in the aggregate. If this insurance is written on a claims-made basis, the retroactive insurance date shall be no later than the Effective Date of this Agreement and Vendor will maintain such insurance for 2 years following the termination of this Agreement. (g) Excess or Umbrella Liability Insurance. Vendor shall provide Excess or Umbrella Liability insurance on a follow-form basis with respect to the Commercial General Liability, Employers’ Liability, and Commercial Automobile Liability insurance with minimum limits equal to $3,000,000 each occurrence and $3,000,000 annual aggregate.

5.3 Additional Insured and Endorsements. The Commercial General Liability and Commercial Automobile Liability insurance policies shall include Adventist Health as an additional insured, including its officers, directors, and employees. Additional Insured endorsements CG 20 10 04 13 and CG 20 37 04 13 shall be utilized for the Commercial General Liability policy.

5.4 Requirements. Vendor shall comply with the following requirements:
(a) Insurance Carrier. Vendor’s insurance shall be maintained with carriers authorized to transact insurance business in the State of California, and with a rating of “A/VII” or better as identified in the most current A.M. Best Insurance Rating Guide.
(b) Insurance Certificate. Vendor shall provide Adventist Health with insurance certificates for these policies, except Property insurance, prior to Vendor providing Services under the Agreement, or Services will not be allowed to commence.
(c) Policy Cancellation Notice. Vendor’s insurance shall provide that coverage under the policy(s) shall not be cancelled without at least 30 days’ written notice of policy cancellation to Adventist Health.
(d) Tail. If any coverage is provided on a claims made basis, Vendor shall provide for a retroactive reporting date preceding or coinciding with the effective date of this Agreement, and all future coverage renewals shall maintain such retroactive reporting date at each anniversary date of such insurance, and upon policy termination Vendor shall secure a 5-Year Reporting Period Endorsement (“Tail”).
(e) Self-insurance. Vendor may “self-insure” for any of the minimum insurance requirements of this Section. If Vendor elects to self-insure, Vendor shall:
(i) Be responsible for all liabilities which would have been assumed by the insurance companies which would have issued the insurance required of Vendor under this Agreement;
(ii) Retain the services of an actuary to establish and maintain the program in accordance with generally accepted actuarial standards (other than for a deductible program);
(iii) Upon Adventist Health’s request, provide Adventist Health with a copy of the actuary’s opinion statement as to the sufficiency of said program; and 80 9
Non-Emergency Transportation Services Agreement
(iv) Maintain a tangible net worth of at least $100,000,000.00 (as evidenced by Vendor’s most recent audited financial statement prepared in accordance with generally accepted accounting principles consistently applied), provided that: (A) Vendor’s aggregate annual self-insurance retention for its obligations hereunder shall not exceed 5% of its tangible net worth; and (B) Vendor carries umbrella insurance in excess of its permitted self-insurance retention, up to the limits required to be insured against by Vendor under this Agreement.

Article 6
General Provisions

6.1 Amendment. This Agreement may be modified or amended only by mutual written agreement of the Parties. Any such modification or amendment must be in writing, dated, signed by the Parties, and attached to this Agreement.

6.2 Assignment. Except for assignment by Adventist Health to an entity owned, controlled by, or under common control with Adventist Health, neither Party may assign any interest or obligation under this Agreement without the other Party’s prior written consent. This Agreement shall be binding on and shall inure to the benefit of the Parties and their respective successors, heirs, and assigns. Any attempted assignment in violation of this Section is null and void.

6.3 Attorney’s Fees. The prevailing Party in any dispute or proceeding concerning this Agreement shall be awarded all reasonable costs and expenses, including reasonable attorney’s fees, including the allocated fees of in-house counsel, subject to the prevailing Party being entitled to recover costs of suit.

6.4 Authorized Persons. Whenever any consent, approval, or determination of a Party is required pursuant to this Agreement, the consent, approval or determination shall be rendered on behalf of the Party by the person or persons duly authorized to do so, which the other Party shall be justified in assuming means any officer of the Party rendering such consent, approval or determination, or the Party’s board of directors. Notwithstanding any other provision of this Agreement, only the Chair of the Board, Vice Chair, President, Secretary, Finance Officer, or either Assistant Secretary of Adventist Health, if any, shall have actual, apparent, implied, and ostensible authority to approve, solely through written execution, any amendments, waivers, assignments, delegations, or restatements to this Agreement.

Vendor acknowledges that any other persons lack actual, apparent, implied, and ostensible authority to approve such amendments, waivers, assignments, delegations, or restatements to this Agreement.

6.5 Choice of Law and Venue. The laws of the State of California govern this Agreement, without regard to its conflict of laws rules that cause another jurisdiction’s laws to govern instead. When necessary to go to court in aid of arbitration, the venue is Sacramento County, California.

6.6 Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all such counterparts together will constitute one and the same instrument.

6.7 Dispute Resolution. If there is any dispute, claim, or controversy arising out of or relating to this Agreement (“Dispute”), the Parties shall meet and confer through their duly authorized representatives in good faith to resolve the Dispute. If the Dispute is not resolved to the mutual satisfaction of the Parties within 30 days of written notice of the Dispute, the Dispute shall be determined by binding arbitration in Sacramento County, California before one arbitrator. The Parties intend that the arbitrator shall decide all questions of arbitrability, not the courts. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules (the “Rules”). To the fullest extent permitted by the Rules, the arbitration shall occur remotely, including, but not limited to, by telephone, Zoom, Skype, Microsoft Teams, or any other similar remote forum. Any in-person proceedings required by the Rules shall occur in Sacramento County, California. The arbitrator shall provide a written award accompanying the reasons for the decision and all arbitration costs and fees shall be equally split between the Parties. The Federal Arbitration Act shall 81 10
Non-Emergency Transportation Services Agreement
apply if any part of this Agreement directly or indirectly affects or involves interstate commerce.

Judgment on the award may be entered in any court having jurisdiction and this section shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

The Parties (a) acknowledge that the courts in Sacramento County, California have appropriate jurisdiction and venue for such purposes; (b) consent to the jurisdiction of Sacramento County, California; and (c) waive all objections based on jurisdiction, venue, and forum non conveniens of such courts. This Section shall survive the expiration or termination of this Agreement.

6.8 Entire Agreement. This Agreement is the entire understanding and agreement of the Parties regarding its subject matter, and supersedes any prior oral or written agreements, representations, understandings or discussions between the Parties. No other understanding between the Parties shall be binding on them unless set forth in writing, signed and attached to this Agreement.

6.9 Exhibits. The attached exhibits, together with all documents incorporated by reference in the exhibits, form an integral part of this Agreement and are incorporated into this Agreement wherever reference is made to them to the same extent as if they were set out in full at the point at which such reference is made.

6.10 Force Majeure. Neither Party is liable for nonperformance or defective or late performance of any of its obligations under this Agreement to the extent and for such periods of time as such nonperformance, defective performance or late performance is due to reasons outside such Party’s control, including acts of God, pandemics, epidemics, war (declared or undeclared), action of any governmental authority, riots, revolutions, acts of terrorism, fire, floods, explosions, sabotage, nuclear incidents, lightning, weather, earthquakes, storms, sinkholes, failure of utilities, strikes, or similar nonperformance or defective performance or late performance beyond a Party’s control.

6.11 Further Assurances. Each Party shall, at the reasonable request of the other Party, execute and deliver to the other Party all further instruments, assignments, assurances and other documents, and take any actions as the other Party reasonably requests in connection with the carrying out of this Agreement.

6.12 Headings. The headings in this Agreement are intended solely for convenience of reference and shall be given no effect in the construction or interpretation of this Agreement.

6.13 Meaning of Words. Wherever the context may require, any pronouns used in this Agreement shall include the corresponding masculine, feminine, or neuter forms, and the singular form of nouns shall include the plural and vice versa. Unless otherwise specified: (a) “days” shall be considered “calendar days;” (b) “months” shall be considered “calendar months;” and (c) “including” means “including, without limitation” in this Agreement and its exhibits and attachments. This Section shall survive the termination of this Agreement.

6.14 Notices. Each Party shall appoint a key contact to coordinate all activities regarding business, communication, and issues with Transportation Services in connection with this Agreement. All notices required or permitted under this Agreement shall be in writing and shall be delivered either: (a) by overnight delivery using a nationally recognized overnight courier (e.g., Federal Express, United Parcel Service, or any other similar service), in which case notice shall be deemed delivered 1 business day after deposit with such courier; (b) by personal delivery, in which case notice shall be deemed delivered upon receipt; or (c) by email, in which case notice shall be deemed delivered upon confirmation of transmission. In each case, notice shall be delivered or sent to the address indicated on the Cover Page, or such other address or email as provided by a Party, from time to time, pursuant to this Section.

Notwithstanding any other provision in this Agreement, any notice by email to Adventist Health shall include a email copy to [email protected].

6.15 Not Construed Against Drafter. This Agreement has been negotiated and prepared by the Parties and their respective legal counsel and should any provision of this Agreement require interpretation by a court, arbitrator, government agency, or any other appropriate entity, such entity 82 11
Non-Emergency Transportation Services Agreement
interpreting the provision shall not apply the rule of construction that a document is to be construed more strictly against one Party.

6.16 No Third-Party Beneficiary Rights. The Parties do not intend to confer and this Agreement shall not be construed to confer any rights or benefits to any person, firm, group, corporation or entity other than the Parties.

6.17 Quality Measurement and Reporting. In support of Adventist Health’s performance improvement/quality assurance program and Adventist Health’s efforts to comply with applicable standards of The Joint Commission, the conditions of participation of the Centers for Medicare and Medicaid Services (“CMS”), and state and local regulations, Vendor agrees to collaborate with Adventist Health on quality aspects of patient care and safety. Vendor agrees to measure and report quality indicators to Adventist Health, to the extent reasonably requested and as mutually agreed by Vendor and Adventist Health, in connection with the performance of the Transportation Services provided in this Agreement. Adventist Health and Vendor will collaboratively review such quality indicator performance and work to identify opportunities for improvement of the Transportation Services. The Parties acknowledge that the measurement and review of quality indicators are in furtherance of the goal to improve the quality of patient care.

6.18 Records. To the extent required by law or regulation, Vendor shall make available, or shall cause to be made available upon written request from Adventist Health, the Secretary of Health and Human Services, the Comptroller General of the United States, or any other duly authorized agent or representative, this Agreement and Vendor’s books, documents, and records pertaining to this Agreement as Vendor may do so legally. Vendor shall preserve or cause to be preserved such books, documents and records for a period that is the longer of 4 years after the end of the Term of this Agreement or the length of time required by state or federal law. If Vendor is requested to disclose books, documents or records pursuant to this Section for any purpose, Vendor shall notify Adventist Health of the nature and scope of such request, and Vendor shall make available to Adventist Health, upon written request of Adventist Health, all such books, documents or records. This Section shall survive the expiration or termination for any reason of this Agreement.

6.19 Referrals. The Parties intend that this Agreement does not consider the volume or value of referrals payable by any federal or state health care program and that any compensation or remuneration arising from or relating to this Agreement were done through an arm’s length negotiation. The Parties shall comply with the Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b) and its “Personal Services” safe harbor, 42 C.F.R. § 1001.952(d).

6.20 Severability. If any provision of this Agreement is determined to be illegal or unenforceable, that provision shall be severed from this Agreement, and such severance shall have no effect upon the enforceability of the remainder of this Agreement unless the purpose of this Agreement is thereby destroyed.

6.21 Statutes and Regulations. Any reference in this Agreement to any statute, regulation, ruling, or administrative order or decree shall include, and be a reference to any successor statute, regulation, ruling, or administrative order or decree.

6.22 Waiver. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a Party must be in writing to be effective, and shall apply solely to the specific instance expressly stated. 83 Exhibit 2.1
Nonemergent Transportation Services Agreement
Exhibit 2.1
Transportation Services
Vendor shall:

A. Vendor provide Advanced Life Support (ALS) and/or Basic Life Support (BLS) ground transportation services to patients on behalf of Adventist Medical Center (“AMC”). These services will include personnel, equipment , and vehicles.

B. Vendor shall provide appropriately trained and certified EMS personnel in accordance with applicable state and local regulations. Vendor shall supply and maintain fully equipped emergency medical vehicles and equipment that meet all regulatory requirements for ALS and BLS services C. All patient care provided by Vendor during transportation shall be performed under the appropriate medical protocols and in accordance with applicable laws, regulations, and best practices. 84 Exhibit 2.2-1
Nonemergent Transportation Services Agreement
Exhibit 2.2
Business Associate Agreement
This BUSINESS ASSOCIATE AGREEMENT (this “BAA”) is made by and between Hanford Community Hospital dba Adventist Health Hanford, Hanford Community Hospital dba Adventist Health Selma (“Covered Entity” or “CE”) and City of Selma (“Business Associate” or “BA”), and is effective as of the last date signed (the “BAA Effective Date”).

Recitals
A. BA provides certain services for or on behalf of CE (“Services”), pursuant to one or more agreements or arrangements (the “Underlying Agreement”), and, in the performance of the Services, BA creates, receives, maintains, or transmits Protected Health Information (“PHI”).

B. CE and BA intend to protect the privacy and provide for the security of the PHI created, received, maintained, or transmitted by BA in compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act, Public Law 111-005 (the “HITECH Act”), and the implementation regulations promulgated thereunder by the U.S. Department of Health and Human Services (the “HIPAA Regulations”) and other applicable laws.

C. The HIPAA Regulations require CE to enter into an agreement containing specific requirements with BA prior to the disclosure of PHI, as set forth in this BAA.

In consideration of the mutual promises below and the exchange of information pursuant to this BAA, the parties agree as follows:

Article 1
Definitions

1.1 General Definitions. Unless otherwise provided in this BAA, all capitalized terms that are used in this BAA will have the same meaning as defined under HIPAA, the HITECH Act, and the HIPAA Regulations.

1.2 “Offshore” means outside of the United States of America.

1.3 “Privacy Rule” means the HIPAA Regulations that are codified at 45 C.F.R. Part 160 and 164, Subparts A and E.

1.4 “Protected Health Information” or “PHI” has the same meaning as “protected health information” in 45 C.F.R. § 160.103, limited only to information provided by CE to BA or created or received by BA on CE’s behalf.

1.5 “Security Rule” means the HIPAA Regulations that are codified 45 C.F.R. Part 160 and Part 164, Subparts A and C.

Article 2
Obligations of BA

2.1 Permitted Uses. BA may not use PHI except for the purpose of performing the Services, or as otherwise explicitly permitted by this BAA or as Required By Law. Further, BA may not use PHI in any manner that would constitute a violation of the Privacy Rule or the HITECH Act if so used by CE.

However, BA may use PHI: (a) for the proper management and administration of BA; (b) to carry out the legal responsibilities of BA; and (c) for Data Aggregation purposes for the Health Care Operations of CE.

2.2 Permitted Disclosures. BA may not disclose PHI except for the purpose of performing the Services, or as otherwise explicitly permitted by this BAA or as Required By Law. BA may not disclose 85 Exhibit 2.2-2
Nonemergent Transportation Services Agreement
PHI in any manner that would constitute a violation of the Privacy Rule or the HITECH Act if so disclosed by CE. However, BA may disclose PHI: (a) for the proper management and administration of BA; (b) to carry out the legal responsibilities of BA; or (c) for Data Aggregation purposes for the Health Care Operations of CE. If BA discloses PHI to a third party for BA’s proper management and administration or to carry out BA’s legal responsibilities, the disclosure must be Required By Law, or prior to making any such disclosure, BA must obtain (y) reasonable written assurances from such third party that such PHI will be held confidentially and only used or further disclosed as Required By Law or for the purposes for which it was disclosed to such third party; and (z) a written agreement from such third party to immediately notify BA of any breach of its confidentiality obligations of which it becomes aware.

2.3 Appropriate Safeguards. BA must comply with all applicable requirements of the Security Rule to the same extent the Security Rule applies to CE. BA will implement appropriate administrative, physical, and technical safeguards as are necessary to prevent the improper use or disclosure of PHI other than as permitted by this BAA. Without limiting the foregoing, BA may not (a) transmit PHI over a network that is not protected by Encryption technology, such as the Internet (i.e., a virtual private network must be used), or (b) maintain PHI on a laptop or other portable electronic media, unless such PHI has been secured by Encryption technology. BA will not (c) store any decryption key on the same device as encrypted PHI, or (d) transmit any decryption key over an open network. Any Encryption technologies utilized in complying with this Section must at a minimum meet the Federal Information Processing Standard (“FIPS”) 140-2 encryption standard and any of its successor security standards. BA represents and warrants that its workforce members who may have access to PHI have been appropriately trained on their obligations under the HIPAA Regulations.

2.4 Mitigation. BA agrees to mitigate, to the maximum extent practicable, any harmful effect that is known to BA of a use or disclosure of PHI in violation of this BAA including, but not limited to, removing a BA employee from working on or with CE information at the request of CE.

2.5 Reporting of Improper Access, Use or Disclosure. BA will notify CE in writing of any access to, use or disclosure of PHI not permitted by this BAA, including any Breach of Unsecured PHI and Security Incident, without unreasonable delay and no later than five days after discovery. Such notifications must include the following:
(a) A description of the impermissible access, use or disclosure of PHI, including identification of each BA employee who is reasonably believed to have impermissibly accessed, used or disclosed PHI;
(b) Identification of each Individual whose Unsecured PHI has been or is reasonably believed by BA to have been impermissibly accessed, used, or disclosed; (c) The date the incident occurred and the date the incident was discovered; (d) A description of the type(s) and amount of PHI involved in the incident, including copies of any PHI involved in the incident;
(e) A description of the investigation process to determine the cause and extent of the incident;
(f) A description of the actions BA is taking to mitigate and protect against further impermissible uses or disclosures and losses, including, but not limited to, proof of the actions described, copies of education and training materials, and revised policies and procedures; (g) A description of the disciplinary BA is taking against each BA employee who is reasonably believed to have impermissibly accessed, used, or disclosed PHI; (h) A description of any steps Individuals should take to protect themselves from potential harm resulting from the impermissible use or disclosure of PHI; and 86 Exhibit 2.2-3
Nonemergent Transportation Services Agreement
(i) Any other information related to the incident that is reasonably requested by CE.

BA shall promptly supplement the notification with additional information regarding the incident as it obtains such information, including without limitation, its assessment as to whether the incident constitutes a reportable breach under 45 C.F.R. § 164.402 or state law.

Notwithstanding the foregoing, BA and CE acknowledge the ongoing existence and occurrence of attempted but unsuccessful Security Incidents that are trivial in nature, such as pings and port scans, and CE acknowledges and agrees that no additional notification to CE of such unsuccessful Security Incidents is necessary. However, to the extent that BA becomes aware of an unusually high number of such unsuccessful Security Incidents due to the repeated acts of a single party, BA shall notify CE of these attempts and provide the name, if available, of said party.

BA will reimburse CE for (a) all reasonably incurred costs related to notifying Individuals of an impermissible access, use or disclosure of PHI by BA or its Subcontractors, and (b) all reasonably incurred expenses related to mitigating harm to the affected Individuals, such as credit monitoring services.

2.6 BA’s Agents and Subcontractors. BA will ensure that any Subcontractors that create, receive, maintain, or transmit PHI on behalf of BA agree in writing to the same restrictions and conditions that apply to BA with respect to such PHI. BA will implement and maintain sanctions against Subcontractors that violate such restrictions and conditions and shall mitigate the effects of any such violation. BA will be legally responsible to CE for the actions and conduct of its Subcontractors involving PHI.

2.7 Access to PHI. BA will make PHI it maintains in Designated Record Sets available to CE for inspection and copying within five days of a request by CE in a manner that enables CE to fulfill its obligations under 45 C.F.R. § 164.524. If any Individual asks to inspect or access his or her PHI directly from BA, BA will notify CE in writing of the request within five days of the request. Any approval or denial of an Individual’s request to access or inspect his or her PHI is responsibility of CE.

2.8 Amendment of PHI. Within ten days of the receipt of a request from CE for an amendment to PHI that is maintained in a Designated Record Set by BA, BA will make the PHI available to CE for amendment in a manner that enables CE to comply with 45 C.F.R. § 164.526. If any Individual requests an amendment of PHI from BA, BA must notify CE in writing of the request within five days of the request. Any approval or denial of an amendment of PHI maintained by BA is the responsibility of CE.

2.9 Accounting Rights. BA will maintain a record of all disclosures of PHI that BA makes, if CE would be required to provide an accounting to an Individual of such Disclosures under 45 C.F.R. § 164.528. Within ten days of notice by CE of a request for an accounting of Disclosures of PHI, BA will make available to CE all information related to Disclosures by BA and its Subcontractors necessary for CE to fulfill its obligations under 45 C.F.R. § 164.528. BA agrees to implement a process that allows for an accounting to be collected and maintained by BA for at least six years. At a minimum the information collected and maintained will include: (a) the date of disclosure; (b) the name of the person who received the PHI and, if known, the address of the person; (c) a brief description of PHI disclosed; and (d) a brief statement of purpose of the disclosure that reasonably informs the Individual of the basis for the disclosure, or a copy of the Individual’s authorization, or a copy of the written request for disclosure. In the event that the request for an accounting is delivered directly to BA, BA will, within five days of a request, forward it to CE in writing. It is CE’s responsibility to prepare and deliver any such accounting requested, and BA will not provide an accounting directly to an Individual.

2.10 Delegation of Obligations. To the extent that BA caries out CE’s obligations under the Privacy Rule, BA shall comply with the requirements of the Privacy Rule that apply to CE in the performance of such obligations.
87 Exhibit 2.2-4
Nonemergent Transportation Services Agreement

2.11 Access to Records. BA will make its internal practices, books, and records relating to the use and disclosure of PHI available, upon request, to CE and the Secretary for purposes of determining CE and BA’s compliance with the Privacy Rule and this BAA.

2.12 Minimum Necessary. BA will request, use, and disclose only the minimum amount of PHI necessary to accomplish the purpose of the request, use, or disclosure. BA understands and agrees that the definition of “minimum necessary” is in flux, and BA will keep itself informed of guidance issued by the Secretary with respect to what constitutes “minimum necessary.”

2.13 Data Ownership. Unless otherwise addressed in the Underlying Agreement, BA acknowledges that BA has no ownership rights in the PHI.

Article 3
Term and Termination

3.1 Material Breach. CE may terminate this BAA and any Underlying Agreement upon written notice to BA if CE determines that BA or its Subcontractors or agents breached a material term of this BAA, despite any contrary term in the Underlying Agreement. CE may choose to provide BA with an opportunity to cure any breach of this BAA, and CE may terminate this BAA if BA fails to cure the breach within the period specified in the notice of the breach.

3.2 Judicial or Administrative Proceedings. CE may terminate this BAA and the Underlying Agreement, despite any contrary term in the Underlying Agreement effective immediately, if (a) BA is named as a defendant in a criminal proceeding for a violation of HIPAA, the HITECH Act, the HIPAA Regulations or other security or privacy laws, or (b) a finding or stipulating that BA has violated any standard or requirement of HIPAA, the HITECH Act, the HIPAA Regulations or other security or privacy laws is made in any administrative or civil proceeding in which CE has been joined.

3.3 Effect of Termination. Upon termination of this BAA for any reason, BA will, at the option of CE, return or destroy all PHI that BA still maintains in any form, and will not retain any copies of such PHI. If return or destruction is unfeasible as determined by CE, BA will provide CE with written notice of the circumstances that BA believes make the return or destruction of the PHI infeasible and continue to extend the protections of this BAA to such information and limit further use of such PHI to those purposes that make the return or destruction of such PHI infeasible. If CE elects destruction of the PHI, BA will certify in writing to CE that such PHI has been destroyed. BA will be responsible for returning or destroying any PHI in the possession of its Subcontractors consistent with the requirements of this Section related to return and destruction of PHI.

Article 4
General Provisions

4.1 Amendment to Comply with Law. The parties acknowledge that state and federal laws relating to data security and privacy are rapidly evolving and that amendment of this BAA may be required to provide for procedures to ensure compliance with such developments. The parties specifically agree to take such action as is necessary to implement the standards and requirements of HIPAA, the HITECH Act, the Privacy Rule, the Security Rule and other applicable laws relating to the security or confidentiality of PHI. Upon the request of either party, the other party agrees to promptly enter into negotiations concerning the terms of an amendment to this BAA embodying written assurances consistent with the standards and requirements of HIPAA, the HITECH Act, the Privacy Rule, the Security Rule or other applicable laws. Despite any contrary term in the Underlying Agreement, CE may terminate the Underlying Agreement and this BAA upon 30 days’ written notice in the event (a) BA does not promptly enter into negotiations to amend this BAA when requested by CE pursuant to this Section, or (b) BA does not enter into an amendment to this BAA providing assurances regarding the safeguarding of PHI that CE, in its sole discretion, deems sufficient to satisfy the standards and requirements of applicable laws. 88 Exhibit 2.2-5
Nonemergent Transportation Services Agreement

4.2 Assistance in Litigation or Administrative Proceedings. BA shall make itself, and any Subcontractors, employees, or agents assisting BA in the performance of its obligations under this BAA available to CE, at no cost to CE, to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings being commenced against CE, its directors, officers, or employees based upon a claimed violation of HIPAA, the HITECH Act, the Privacy Rule, the Security Rule, or other laws relating to security and privacy by BA, except where BA or its Subcontractor, employee, or agent is a named adverse party.

4.3 Disclaimer. CE makes no warranty or representation that compliance by BA with this BAA, HIPAA, the HITECH Act or the HIPAA Regulations will be adequate or satisfactory for BA’s own purposes. BA is solely responsible for its decisions regarding the safeguarding of PHI.

4.4 Indemnification. BA will indemnify, defend, and hold CE and its employees, agents, officers, directors, members, subsidiaries, and affiliates harmless from and against any claim, cost, lawsuit, injury, loss, damages, or liability arising from (a) any breach by BA of its obligations under this BAA, or (b) any impermissible use or disclosure of PHI by BA or its Subcontractors, however caused. CE will indemnify, defend, and hold BA and its employees, agents, officers, directors, shareholders, members, subsidiaries, and affiliates harmless from and against any claim, cost, lawsuit, injury, loss, damages, or liability arising from a breach of this BAA by CE. The indemnification rights and obligations set forth in this Section are not subject to any limitation of liability provision contained in the Underlying Agreement.

4.5 Insurance. BA must carry cyber liability coverage with minimum limits of $10,000,000 per occurrence, $10,000,000 in the aggregate, including coverage for data reconstruction, financial damages resulting from the unauthorized disclosure of or general corruption or loss of personal data (including but not limited to PHI), identity theft monitoring services for Individuals whose PHI was compromised, costs of incident response, investigation and follow-up, coverage for actions of rogue employees and the costs of defending or responding to (including damages and fines) any investigations or informational requests from any regulatory agency or other governmental or quasi-governmental agency responsible for the control and use of PHI. To the extent not already required in the Underlying Agreement and upon CE’s request, BA shall provide CE with an annual certificate of insurance to demonstrate its compliance with this provision.

4.6 Interpretation. The provisions of this BAA prevail over any provisions in the Underlying Agreement that may conflict or appear inconsistent with any provision in this BAA, provided that any terms in the Underlying Agreement that may provide greater protections to the privacy and security of PHI than are set forth in this BAA govern. This BAA and the Underlying Agreement shall be interpreted as broadly as necessary to implement and comply with HIPAA, the HITECH Act, the Privacy Rule and the Security Rule. The parties agree that any ambiguity in this BAA will be resolved in favor of a meaning that complies and is consistent with HIPAA, the HITECH Act, the Privacy Rule and the Security Rule.

4.7 No Third-Party Beneficiaries. Nothing express or implied in this BAA is intended to confer, nor shall anything confer, upon any person other than CE, BA and their respective successors or assigns, any rights, remedies, obligations, or liabilities.

4.8 Offshoring Prohibition. BA shall not, and shall not allow others to: (a) transfer or disclose any PHI outside of the United States of America; (b) store, whether or not on a temporary or permanent basis, any PHI in a location located outside the United States of America; or (c) otherwise process or allow access, even remote access, to any PHI from a location located outside the United States of America without CE’s prior written consent. To obtain CE’s prior written consent related to offshore activities, BA must submit a request for permission in writing to CE’s Office of General Counsel. The request must include details sufficient to identify the Offshore entity, the specific PHI involved in the Offshore request, and a clear description of the Offshore activity. CE reserves the right to request and, upon that request BA must provide, additional documentation and evidence of Offshore entity’s compliance with the terms of 89 Exhibit 2.2-6
Nonemergent Transportation Services Agreement
this BAA. BA shall ensure that representatives of CE and of Medicare plans in which CE participates have the right to audit any Offshore entity receiving PHI; provided, however, that such audits will be limited to the use and disclosure of PHI by the Offshore entity and the administrative, physical, technical, and organizational privacy and security safeguards, and policies, procedures, and documentation addressing the privacy and security of PHI.

4.9 Survival. The rights and obligations under Sections 2.9, 3.3, 4.2, and 4.4 survive termination of this BAA.

The parties have duly executed this BAA as of the last date signed.

Covered Entity
Hanford Community Hospital dba Adventist Health
Hanford
Hanford Community Hospital dba Adventist Health
Selma
By:

Print Name: Heidar Thordarson
Title: Treasurer
Date:

Business Associate
City of Selma Fire Department
By:

Print Name:

Title:

Date:
90 Exhibit 3-1
Nonemergent Transportation Services Agreement
Exhibit 3.1
Compensation
Adventist Health shall compensate Vendor as follows:

Compensation. The rate of reimbursement for services rendered under this Agreement shall be in accordance with the VENDOR's then-current, adopted Fee Schedule. VENDOR shall apply a twenty percent (20%) discount to the total amount of all such services rendered to ENTITY per occurrence.

Ambulance Fee Schedule
Effective January 1, 2026
# Description Current Fee/Charge 20% Discounted Rate
1 ALS 1 Base & Emergency Base $2,525.00 $2,020.00
2 ALS 2 $2,945.83 $2,356.66
3 BLS Base & Emergency Base $2,104.17 $1,683.34
4 Mileage (Per loaded mile) $46.41 $37.13
*Fee Schedule adjusted annually, effective January 1st, based off November, Western Region CPI. 91 This Page Left Blank Intentionally
92 2-10
Adopt Resolution 2026-103 Approving
the Purchase and Installation of an
Automated External Defibrillator
(AED) at the Selma Senior Center,
Authorization for CPR/AED Training
for SPARKS Staff and Authorizing the
City Manager or Designee to Execute
All Necessary Associated Documents
93 ITEM NO: 2-10

CITY COUNCIL STAFF REPORT
MEETING DATE: September 15, 2026
SUBJECT: Consideration of Resolution2026-103 Approving the Purchase and Installation of an Automated External Defibrillator (AED) at the Selma Senior Center, Authorization for CPR/AED Training for SPARKS Staff and Authorizing the City Manager or Designee to Execute All Necessary Associated Documents
SUBMITTED: Jordan Webster, Fire Chief
APPROVED: Jason Rogers, City Manager
RECOMMENDATION:

Staff recommends the City Council adopt Resolution 2026-103 authorizing the purchase and installation of a LIFEPAK CR2 Automated External Defibrillator (AED) at the Selma Senior Center from Stryker Sales, LLC, and authorizing CPR/AED training for SPARKS (Community Services) staff assigned to the Senior Center, with funding appropriated through the Ambulance Fund., and authorizing the City Manager or designee to execute all necessary associated documents.

DISCUSSION:

The Senior Center serves a population that is disproportionately at higher risk for sudden cardiac events due to age-related cardiovascular risk factors. Currently, the facility does not have an on-site AED, meaning staff and patrons must rely solely on the arrival of emergency medical services in the event of a cardiac emergency. Response time is a critical factor in cardiac arrest survival, and equipping the Senior Center with an AED and trained staff would close this gap in the critical minutes before paramedics arrive.

Sudden cardiac arrest (SCA) is a leading cause of death, and survival is highly timedependent. For every minute that passes without intervention, the likelihood of survival decreases significantly. Early recognition and a rapid, layered response, early access to 911, early CPR, and early defibrillation (cardioversion), form what is widely recognized in emergency medicine as the "chain of survival."
• Early Detection/Recognition: Prompt identification of cardiac arrest allows bystanders to activate emergency response and begin lifesaving measures without delay, rather than waiting for professional responders to arrive. • CPR: Immediate bystander CPR helps maintain blood flow to the brain and vital organs, extending the window in which defibrillation can be effective, and has been shown to significantly improve survival outcomes when performed in the first few minutes of arrest.
• Cardioversion (Defibrillation): Many cases of sudden cardiac arrest are caused by an abnormal heart rhythm that can be corrected only by delivering an electrical shock through a defibrillator. AEDs are designed for use by trained laypersons and guide the user through each step, making them a critical tool for non-medical staff to restore a normal heart rhythm before advanced medical care arrives. 94 Placing an AED on-site at the Senior Center, combined with trained SPARKS (Community Services) staff who can recognize a cardiac event and initiate CPR while the AED is deployed, would meaningfully improve the odds of survival for this higher-risk population and provide an added layer of protection at a facility with significant senior foot traffic.

The Selma Fire Department has obtained a quote from Stryker Sales, LLC for the purchase of one (1) LIFEPAK CR2 Defibrillator (Semi-Automatic, Wi-Fi enabled, English, with handle, 8-year warranty, QUIK-STEP electrodes, battery, LIFELINKcentral AED Program Manager Basic Account, USB cable, and operating instructions). The quoted unit price is $2,607.20, with estimated sales tax of $220.96 (8.475%) and no shipping or handling charges, for a grand total of $2,828.16.

FISCAL IMPACT:

The purchase of the AED, its installation, ongoing maintenance (including battery and pad replacement), and CPR/AED training for SPARKS staff will be funded through the Ambulance Fund and supported by ambulance revenue. No General Fund appropriation is required. The total cost of the AED unit is $2,828.16, inclusive of applicable sales tax.

Attachments:
☒ Resolution 2026-103
☐ Ordinance
☐ Map
☐ Agreement
☒ Other
Attachment A: Stryker Quote No. 11355062
95 1
RESOLUTION NO. 2026-103

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA,

CALIFORNIA, AUTHORIZING THE PURCHASE AND INSTALLATION OF AN

AUTOMATED EXTERNAL DEFIBRILLATOR (AED) AT THE SELMA SENIOR

CENTER AND CPR/AED TRAINING FOR SPARKS STAFF, AND AUTHORIZING

THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL NECESSARY

ASSOCIATED DOCUMENTS
WHEREAS, the Selma Senior Center serves a population that is disproportionately at higher risk for sudden cardiac events due to age-related cardiovascular risk factors, and the facility currently does not have an on-site AED; and WHEREAS, sudden cardiac arrest is a leading cause of death and survival is highly time-dependent, with each passing minute without intervention significantly decreasing the likelihood of survival; and
WHEREAS, equipping the Senior Center with an AED and ensuring that SPARKS (Community Services) staff are trained in CPR and AED use would close the critical gap in emergency response in the minutes before paramedics arrive, meaningfully improving survival outcomes for Senior Center patrons and staff; and WHEREAS, the Selma Fire Department has obtained a quote from Stryker Sales, LLC (Quote No. 11355062) for the purchase of one (1) LIFEPAK CR2 Automated External Defibrillator at a total cost of $2,828.16, inclusive of applicable sales tax; and WHEREAS, the purchase of the AED, its installation, ongoing maintenance, and CPR/AED training for SPARKS staff will be funded through the Ambulance Fund, with no General Fund appropriation required; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Council hereby authorizes the purchase and installation of one (1) LIFEPAK CR2 Automated External Defibrillator from Stryker Sales, LLC, for placement at the Selma Senior Center, at a total cost not to exceed $2,828.16.

SECTION 3. The City Council hereby authorizes CPR/AED training for SPARKS (Community Services) staff assigned to the Selma Senior Center, to be coordinated through the Selma Fire Department.

SECTION 4. Funding for the AED purchase, installation, ongoing maintenance, and CPR/AED training shall be appropriated through the Ambulance Fund. No General Fund appropriation is required.
96 2
SECTION 5. The City Manager or designee is authorized to execute all documents necessary to implement this fee schedule.

SECTION 6. Severability. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

SECTION 7. Effective Date. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED, AND ADOPTED at a Regular Meeting of the City Council of the City of Selma held on the 15th day of September 2026 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: ____________________________
Scott Robertson
Mayor
_______________________________
Miriam Cruz
Interim City Clerk
97 Exhibit A
Stryker Quote
# 11355062
98 99
100
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101
2-11
Adopt Resolution 2026-104 Approving
Amendment VII to the
Agreement for Contracted Services
Between the Fresno County Rural
Transit Agency and the City of Selma
102
ITEM NO: 2-11

CITY COUNCIL STAFF REPORT
MEETING DATE: September 15, 2026
SUBJECT: Adoption of Resolution of 2026-104, Approving Amendment VII to the Agreement for Contracted Services Between the Fresno County Rural Transit Agency and the City of Selma
SUBMITTED: Jason Rogers, City Manager
APPROVED: Jason Rogers, City Manager
RECOMMENDATION:

Staff recommends Council adoption of resolution 2026-104, approving Amendment VII of the Agreement between the City and the Fresno County Rural Transit Agency. (FCRTA).

DISCUSSION:

The City and FCRTA originally entered into an agreement for fleet vehicle maintenance on August 29, 2018. The original agreement was for a three-year period. The agreement can be extended by written notice between parties, which it has several times. This agreement covers the period of July 1, 2026, through August 31, 2026. The amount of the contract to the City for services is not to exceed $342,102.11, an increase of 7% with a ‘not to exceed’ amount as provided in Amendment VI of this agreement.

FISCAL IMPACT:

Total compensation varies depending on several factors. Contract calls for compensation to the City of Selma, not to exceed $342,102.11.

Attachments:
☒ Resolution 2026-104
☐ Ordinance
☐ Map
☐ Agreement
☐ Other
List:
103
RESOLUTION NO. 2026-104

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA, CALIFORNIA,

APPROVING AMENDMENT VII TO THE AGREEMENT FOR CONTRACTED

SERVICES BETWEEN THE FRESNO COUNTY RURAL TRANSIT AGENCY AND

THE CITY OF SELMA
WHEREAS, the City of Selma (“City”) and the Fresno County Rural Transit Agency (“FCRTA”) entered into an Agreement for Contracted Services on August 29, 2018, for the City to provide fleet vehicle maintenance services to FCRTA; and WHEREAS, the Agreement has subsequently been amended by mutual written agreement of the City and FCRTA to continue the provision of fleet vehicle maintenance services; and
WHEREAS, the City and FCRTA desire to enter into Amendment VII to continue contracted fleet vehicle maintenance services for the period of July 1, 2026 through August 31, 2026; and
WHEREAS, pursuant to Amendment VII, compensation to the City for services performed under the Agreement shall not exceed $342,102.11; and WHEREAS, the City Council finds that approval of Amendment VII is in the best interest of the City and provides for the continued delivery of fleet maintenance services to FCRTA; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA DOES HEREBY RESOLVE AS FOLLOWS:

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

SECTION 2. The City Council hereby approves Amendment VII to the Agreement for Contracted Services between the Fresno County Rural Transit Agency and the City of Selma for the period of July 1, 2026 through August 31, 2026, with compensation to the City not to exceed $342,102.11.

SECTION 3. The City Manager is hereby authorized to execute Amendment VII on behalf of the City and to take such administrative actions and execute such ancillary documents as may be reasonably necessary to implement the Amendment, provided such actions are consistent with the terms approved by the City Council.

SECTION 4. Severability. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, 1 104
2 sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

SECTION 5. Effective Date. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED, AND ADOPTED at a Regular Meeting of the City Council of the City of Selma held on the 15th day of September 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________
ATTEST: Scott Robertson,
Mayor
______________________________
Miriam Cruz
Interim City Clerk
105

AMENDMENT VII TO THE AGREEMENT FOR CONTRACTED SERVICES - SELMA

Page 1 of 4 ends

AMENDMENT VII TO THE AGREEMENT FOR CONTRACTED SERVICES BETWEEN

THE FRESNO COUNTY RURAL TRANSIT AGENCY
AND

CITY OF SELMA
This Amendment VII to Agreement (hereinafter “Amendment VII”) amends that certain Member Agency Services Agreement (hereinafter “Agreement”), entered into on July 31, 2018, between the FRESNO COUNTY RURAL TRANSIT AGENCY (hereinafter “FCRTA”) and City of Selma, a municipal corporation (hereinafter “CITY”), whereby CITY agreed to provide services to FCRTA to maintain FCRTA’s vehicle fleet. FCRTA and CONTRACTOR may be referred to herein collectively as the “Parties” and singularly as a “Party.” Recitals:

A. The Agreement between FCRTA and CITY had a three-year term set to expire on September 1, 2021.

B. The Agreement was amended by Amendment II and was extended for up to four (4) additional years, in one-year increments, subject to the FCRTA Board of Directors approval.

C. The Parties wish to extend the term of the Agreement for an additional year.

D. The Parties agree that an amendment to the Agreement is necessary and desirable to extend the contracted services through 2027.

NOW THEREFORE, in consideration for their mutual promises, FCRTA and CITY agree to amend the Agreement as follows:

1. Notwithstanding any language to the contrary in SECTION 2 “TERM OF SERVICES” of the Agreement, the term of the Agreement shall be extended by one year through August 30, 2027.

2. That existing SECTION 4, “COMPENSATION, BILLING AND PAYMENT FOR SERVICE,” shall be deleted in its entirety and replaced with the following:

The compensation to the CITY for Services under this Agreement shall not exceed $342,102.11 for FY 2026-27, as set forth in Exhibit 1, attached hereto and incorporated herein by reference. City shall bill FCRTA for the Services set forth herein at the rates set forth in Exhibit 1. FCRTA has no responsibility to pay any sums beyond the compensation set forth in this Agreement. This amount may be amended by mutual written agreement between FCRTA and the City. FCRTA shall pay City for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from FCRTA to City for services rendered pursuant to this Agreement.

City shall submit all invoices to the FCRTA in the manner specified herein:

4.1 Invoices. Subject to the previous Sections, the City shall submit a summarized monthly service bill to FCRTA within thirty (30) days, following the given month in which services were rendered on the fleet vehicles. The billing statement shall set forth the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
106

AMENDMENT VII TO THE AGREEMENT FOR CONTRACTED SERVICES - SELMA

Page 2 of 4 ends

4.1.1 The beginning and ending dates of the billing period.

4.1.2 A detailed billing statement of all personnel, parts, supplies provided by the City during the invoice period with copies of work orders itemizing specific maintenance, or inspection, work performed to each respective vehicle, with a separate accounting of parts and fluids.

4.1.3 The City’s Contract Administrator’s signature.

4.2 Service Fees. The City will invoice the FCRTA for actual service(s) provided in accordance with the per the attached reimbursement schedule by job class.

Invoices and billings by other independent vendors, under the City’s direction, shall be coordinated by City maintenance personnel for recordkeeping and accountability requirements.

4.3 Parts. FCRTA shall reimburse City for the cost of all parts, fluids, and all things necessary to perform the required Services (the “Parts”), with the exception of personnel. FCRTA shall purchase and maintain all equipment necessary to provide the Services. The Parts are not included in the costs set forth in Exhibit 1, and are not subject to the dollar limitation set forth in this Section 4. The City shall not include any billing markup on Parts.

4.4 Payment by FCRTA. FCRTA shall make payment within thirty (30) days from receipt of said invoice.

3. Exhibit 1 to this Amendment shall replace Exhibit 1 to the Agreement, and is incorporated into the Agreement by this reference.

4. This Amendment VII shall become effective July 1, 2026 (hereinafter “Effective Date”).

5. Upon the Effective Date, the Agreement, Amendment I, Amendment II, Amendment III, Amendment IV, Amendment V, Amendment VI, and this Amendment VII shall together constitute the Agreement.

6. Unless expressly modified by the terms of this Amendment VII, all terms of the Agreement remain in full force and effect.

7. Each Party represents and warrants to the other Party that such Party is duly authorized and empowered to execute, enter into, and perform its obligations set forth in this Amendment VII, and that the individual signing this Amendment VII on behalf of such Party has been duly authorized to execute this Amendment VII on behalf of such Party, and will, by signing this Amendment VII on such Party's behalf, legally bind such Party to the terms, covenants, and conditions of this Amendment VII. Each Party further represents and warrants to the other Party that no other person or entity is required to give its approval or consent to this Amendment VII in order for such Party to authorize, enter into, and perform its obligations under this Amendment VII, or that if such approval or consent to this Amendment VII is required, that such approval or consent has been obtained. (Signature page follows.)
107

AMENDMENT VII TO THE AGREEMENT FOR CONTRACTED SERVICES - SELMA

Page 3 of 4 ends

IN WITNESS WHEREOF, the Parties hereto have executed this document the _____ day of ______________, 2026.

FRESNO COUNTY RURAL TRANSIT AGENCY
By____________________________
JANELLE DEL CAMPO, General Manager

CITY OF SELMA
By__________________________
SCOTT ROBERTSON, City of Selma Mayor
APPROVED AS TO LEGAL FORM ON BEHALF OF FCRTA:

Douglas T. Sloan, County Counsel
By_________________________________________________
Alison H. Samarin, Sr. Deputy County Counsel
e-signed 6/17/2026
108

AMENDMENT VII TO THE AGREEMENT FOR CONTRACTED SERVICES - SELMA

Page 4 of 4 ends

EXHIBIT 1
Budget Form (Maintenance)
Summary of FCRTA's Subsystem Individual and Total Contract Budgets for 2025-26 By Number of Employees, Total Hours, Hourly Contract Rate and Calculated Contract Budgets FCRTA
Subsystems
Service
Type
# of
Employees
to Provide
Total
Billable
Hours
FY 25-26
Hourly
Contract
Billing
Service
Rate
FY 25-26
Annual FY
Total of Service
Contracts
Maintenance Shuttle Maintenance 2 3,968.00 $ 37.92 $140,625.92 Fleet Services
Coordinator
Maintenance 1 1,984.00 $ 96.58 $179,095.68
TOTALS 3 $342,102.11
109
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110
2-12
Adopt Resolution 2026-105
authorizing the appointment of the
City Manager and Deputy City
Manager as Plan Sponsor for Mission
Square Retirement 457 Employee
Defined Contribution Retirement Plan
111
ITEM NO: 2-12

CITY COUNCIL STAFF REPORT
MEETING DATE: September 15, 2026
SUBJECT: Adopt Resolution 2026-105 authorizing the appointment of the City Manager and Deputy City Manager as Plan Sponsor for Mission Square Retirement 457 Employee Defined Contribution Retirement Plan
SUBMITTED: Margee Fallert, Deputy City Manager
APPROVED: Jason Rogers, City Manager
RECOMMENDATION:

Adopt Resolution 2026-105 authorizing the appointment of the City Manager and Deputy City Manager as Plan Sponsor for Mission Square Retirement 457 Employee Defined Contribution Retirement Plan
DISCUSSION:

In prior years the city used Mission Square for their 457 Vendor and the former City Manager by name and Human Resources Director by name were the authorized sponsors on the account. The City in 2024 moved from Mission Square to a different vendor but allowed a couple of employees to keep their funds in Mission Square. Staff currently has no ability to make changes in Mission Square since no current administrators are on the account. Staff is requesting that through the adoption of the resolution that staff titles are used so that if there are changes in staffing it does not have to be brought back to council to gain access.

FISCAL IMPACT:

No fiscal impact.

Attachments:
☒ Resolution 2026-105
☐ Ordinance
☐ Map
☐ Agreement
☐ Other
List:
112
RESOLUTION NO. 2026-105

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA,

CALIFORNIA AUTHORIZING THE APPOINTMENT OF THE CITY MANAGER

AND DEPUTY CITY MANAGER AS PLAN SPONSORS FOR MISSION SQUARE RETIREMENT CORPORATION 457 EMPLOYEE DEFINED CONTRIBUTION

RETIREMENT PLAN
WHEREAS, the City of Selma (“City”) is a municipality located in Selma, California; and
WHEREAS, the City of Selma has employees that have contributions in Mission Square Retirement Corporation 457 employee defined contribution retirement plan; and WHEREAS, the City the city needs to update the authorized plan sponsors to be able to make changes within the plan; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The above recitals are true and correct.

SECTION 2. The City Council hereby approves that the positions of City Manager and the Deputy City Manager shall be appointed as Plan Sponsor for the Mission Square Retirement Corporation 457 Employee Defined Contribution Retirement Plan with the following responsibilities related to the Plan; 1) coordinator of the Plan 2) receive all necessary reports, notices, etc. from Mission Square Retirement; 3) cast, on behalf of the City of Selma any required votes related to the Vantage Trust Company; 40 assign all administrative duties to carry out the Plan to the appropriate designee(s) with the City of Selma; and 5) execute all necessary agreements with Mission Square Retirement incidental to the administration of the Plan.

SECTION 4. Effective Date. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect. 113
PASSED, APPROVED, AND ADOPTED at a Regular Meeting of the City Council of the City of Selma held on the 15th day of September 2026 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
ATTEST: Scott Robertson
Mayor
_______________________________
Miriam Cruz
Interim City Clerk
114
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115
2-13
Adopt Resolution 2026-106
Authorizing the City Manager, or His
Designee, to Execute a Shared Use
Agreement with Walmart for the
Placement of a Solar Canopy Structure
Over a City Storm Drain Line
116
ITEM NO: 2-13

CITY COUNCIL STAFF REPORT
MEETING DATE: September 15, 2026
SUBJECT: Consideration of Resolution 2026-106 Authorizing the City Manager, or His Designee, to Execute a Shared Use Agreement with Walmart for the Placement of a Solar Canopy Structure Over a City Storm Drain Line
SUBMITTED: Michael Honn, Public Works Director
APPROVED: Jason Rogers, City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution 2026-106 authorizing the City Manager, or his designee, to execute a Shared Use Agreement with Walmart for the placement of a solar canopy structure over a City-owned storm drain line located within Walmart's property, with all maintenance, removal, and replacement obligations assigned to Walmart.

BACKGROUND:

The City of Selma owns and maintains storm drain infrastructure throughout the city, including a storm drain line that runs beneath or adjacent to property owned and operated by Walmart within the City limits. Walmart has expressed interest in constructing a solar canopy structure over the area above this storm drain line as part of its sustainability and energy generation efforts.

DISCUSSION:

The proposed Shared Use Agreement would allow Walmart to construct and operate a solar canopy structure over the City's storm drain line located on Walmart's property, subject to the following key terms and conditions:

1. Grant of Shared Use
• The City would grant Walmart the right to construct, install, and operate a solar canopy structure in the area above the City's storm drain line, within the boundaries of Walmart's property.
• The agreement would not convey any ownership interest in the underlying storm drain infrastructure to Walmart.

2. Walmart's Maintenance Responsibility
• Walmart shall assume full and sole responsibility for the ongoing maintenance, repair, and upkeep of the solar canopy structure from and after the date of execution of the agreement.
• The City shall bear no financial or operational responsibility for the solar canopy structure at any time.
• Walmart shall maintain the structure in a safe condition and in compliance with all applicable building codes, electrical codes, and City ordinances.

3. Access to Storm Drain — Removal and Replacement Obligation • In the event the City determines, in its sole discretion, that access to the storm drain line is necessary for inspection, repair, replacement, or any other maintenance activity, 117
Walmart shall be required to remove the solar canopy structure, or such portion thereof as is necessary to provide the City with unobstructed access. • All costs associated with the removal and subsequent replacement of the solar canopy structure shall be borne entirely by Walmart.
• Walmart shall complete the removal within a reasonable timeframe as specified by the City Engineer, and shall restore the solar canopy structure to its prior condition upon completion of the City's storm drain work.
• The City shall provide Walmart with reasonable advance written notice prior to requiring removal, except in the case of emergency repairs, in which case the City may require immediate access.

4. Indemnification and Hold Harmless
• Walmart shall fully defend, indemnify, and hold harmless the City of Selma, its officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses arising out of or related to the construction, installation, maintenance, operation, removal, or replacement of the solar canopy structure. • This indemnification obligation shall survive the termination or expiration of the agreement.

5. Insurance
• Walmart shall maintain, at its own expense, commercial general liability insurance in amounts acceptable to the City, and shall name the City of Selma as an additional insured on all required policies.
• Proof of insurance shall be provided to the City prior to commencement of any construction activity and shall be maintained for the duration of the agreement.

6. Term and Termination
• The agreement shall remain in effect for the operational life of the solar canopy structure, or until terminated by either party upon written notice as specified in the agreement.
• The City reserves the right to terminate the agreement if Walmart fails to comply with any material term, including the obligation to remove the structure upon City request.

7. Authority to Execute
• Consistent with the City's established practice, the City Manager, or his designee, shall be authorized to execute the Shared Use Agreement on behalf of the City of Selma, and to approve non-material amendments thereto in consultation with the City Attorney.
• The agreement shall be approved as to form by the City Attorney prior to execution.

FISCAL IMPACT:

There is no direct fiscal impact to the City associated with this agreement. All costs related to the construction, maintenance, removal, and replacement of the solar canopy structure shall be borne by Walmart. The City retains full access rights to its storm drain infrastructure at no cost to the City.

Attachments:
☒ Resolution 2026-106
☐ Ordinance
☐ Map
☐ Agreement
☒ Other
List: Shared Use Agreement
118
1 RESOLUTION NO. 2026-106

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA,

CALIFORNIA, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO

EXECUTE A SHARED USE AGREEMENT WITH WALMART FOR THE

PLACEMENT OF A SOLAR CANOPY STRUCTURE OVER A CITY-OWNED

STORM DRAIN LINE
WHEREAS, Walmart owns and operates a commercial facility within the City of Selma, and a city-owned storm drain line is located beneath or adjacent to a portion of Walmart's property; and
WHEREAS, Walmart desires to construct and operate a solar canopy structure over the area above the City's storm drain line; and
WHEREAS, it is in the best interest of the City to allow such use, provided that the City's access to and operational control over its storm drain infrastructure is fully preserved; and
WHEREAS, the proposed Shared Use Agreement places all responsibility for maintenance, removal, and replacement of the solar canopy structure upon Walmart, at no cost to the City; and
WHEREAS, the City Council has reviewed the proposed Shared Use Agreement and finds it to be in the public interest; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Shared Use Agreement with Walmart, in a form approved by the City Attorney, on behalf of the City of Selma.

SECTION 3. The City Manager is further authorized to approve non-material amendments to the Agreement in consultation with the City Attorney.

SECTION 4. The City Clerk is directed to attest to the Agreement and to take all actions necessary to effectuate this Resolution.

SECTION 6. Effective Date. That the City Clerk shall certify the adoption of this Resolution and that the same shall be in full force and effect. 119
2 PASSED, APPROVED, AND ADOPTED at a Regular Meeting of the City Council of the City of Selma held on the 15th day of September 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

____________________________
ATTEST: Scott Robertson,
Mayor
______________________________
Miriam Cruz
Interim City Clerk
120

SHARED USE AGREEMENT FOR CANOPY ENCROACHMENT OVER STORM

DRAIN EASEMENT
Date: ____________________
This Shared Use Agreement ("Agreement") is entered into as of _____________, 20___, by and between the City of __________________ ("City") and Wal-Mart Real Estate Business Trust, a Delaware statutory trust, or its successors and assigns ("Property Owner"), concerning the property located at _______________________________ ("Property").

RECITALS
WHEREAS, the Property Owner owns or controls the Property upon which a canopy structure is proposed to be constructed; and
WHEREAS, a portion of the proposed canopy is intended to span an existing storm drain easement located on the Property ("Easement"); and
WHEREAS, the City maintains rights of access within the Easement for inspection, maintenance, repair, replacement, and operation of storm drain facilities; and WHEREAS, the City is willing to permit the canopy to encroach over the Easement, subject to the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

1. Permission to Span Easement
The City hereby permits the proposed canopy structure to extend over and span the Easement area, subject to compliance with all applicable laws, codes, permits, and the conditions of this Agreement.

2. Preservation of Easement Rights
Nothing contained in this Agreement shall diminish, impair, restrict, or interfere with the City's rights within the Easement as set forth in the documents creating or governing the Easement. The City shall retain full and unrestricted access to the Easement and all storm drain facilities located therein for any purpose related to inspection, operation, maintenance, repair, replacement, reconstruction, or emergency response. Similarly, nothing in this Agreement shall diminish, impair, restrict, or interfere with the Property Owner’s rights in and to the Property, including any rights the Property Owner may have under or with respect to the Easement, except as expressly set forth herein.

3. Future Access and Removal
• The City may require access to the Easement at any time for maintenance, repair, replacement, reconstruction, inspection, or emergency work involving the storm drain facilities. Except in the case of an emergency, the City shall provide the Property Owner with reasonable advance written notice (not less than 10 business days) before requiring access that would affect the canopy. 121
• If the City reasonably determines that temporary or permanent removal, relocation, modification, or alteration of any portion of the canopy is necessary to facilitate such work, the Property Owner shall, at its sole cost and expense, promptly remove, relocate, modify, or reconstruct the canopy as reasonably required by the City. The City shall exercise its rights under this Section 3 in good faith and in a manner that minimizes, to the extent reasonably practicable, interference with the Property Owner’s use and enjoyment of the Property. If the canopy is temporarily removed or modified, the City shall, upon completion of its work, use reasonable efforts to allow the Property Owner to restore the canopy to its prior condition.
• The City shall not be responsible for any costs associated with removal, relocation, modification, reconstruction, restoration, or replacement of the canopy.

4. Ownership and Maintenance Responsibility
The canopy and all associated structural elements shall remain the sole property and responsibility of the Property Owner.
• Maintenance and repair of the canopy;
• Structural integrity and safety of the canopy;
• Compliance with applicable building and safety requirements; • Any costs associated with future modifications necessitated by City access to the Easement.

5. Liability and Indemnification
To the fullest extent permitted by law, the Property Owner shall indemnify, defend, and hold harmless the City, its officers, employees, agents, and representatives from and against any claims, damages, liabilities, losses, costs, or expenses arising out of or related to the design, construction, use, maintenance, repair, existence, removal, or modification of the canopy, to the extent caused by the negligence or willful misconduct of the Property Owner or its agents, contractors, or employees. This indemnification shall not apply to claims arising from the negligence or willful misconduct of the City, its officers, employees, agents, or representatives.

6. No Compensation
The Property Owner acknowledges that no compensation shall be due from the City for any damage, removal, modification, relocation, interruption of use, or reconstruction of the canopy resulting from the City's good faith exercise of its easement rights in accordance with the terms of this Agreement and the Easement, except to the extent such damage results from the City’s negligence or willful misconduct.

7. Successors and Assigns
The terms and conditions of this Agreement shall run with the land and shall be binding upon the Property Owner and its successors, assigns, tenants, and any future owners of the Property.

8. Recordation
Upon execution, this Agreement may be recorded in the official records of __________________ County, and the Property Owner shall bear all recording costs.

9. Entire Agreement
This Agreement constitutes the entire agreement between the parties regarding the canopy encroachment over the Easement and supersedes all prior discussions and understandings concerning the subject matter herein. Notwithstanding the foregoing, this Agreement is supplemental to, and does 122
not supersede, modify, or amend, the Easement or any documents creating or governing the Easement, and all rights and obligations under the Easement shall remain in full force and effect.

SIGNATURES
CITY OF __________________
By: ______________________________
Name: ____________________________
Title: _____________________________
Date: _____________________________
WAL-MART REAL ESTATE BUSINESS TRUST (Property Owner)
By: ______________________________
Name: ____________________________
Title: _____________________________
Date: _____________________________
POWERFLEX, INC. (Acknowledged as Project Representative) By: ______________________________
Name: ____________________________
Title: _____________________________
Date: _____________________________
Exhibit A
• Site Plan Showing Storm Drain Easement
• Canopy Encroachment Exhibit
123
124
125
126
BLOCKING TYP. COLUMN TYP. PURLIN TYP. BEAM TYP.SOLAR PANEL PER ELECTRICAL DWGS TYP. (E) FIN. SURFACE COL., FTG. COL., FTG. COL., FTG. FOUNDATION TYP. 15'-0" 16'-0" MIN. CLEAR HEIGHT

TO BOTTOM OF PURLINS
16'-0" STORM DRAIN EASEMENT
14'-6" MIN. CLEAR TO BOTTOM OF BEAM *NOT TO SCALE
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128
4-1
Consideration and Necessary Action
on Resolution of Necessity 2026-95,
Declaring the Public Interest and
Necessity Require Identified Real
Property to be Taken or Acquired by
the City of Selma for a Public Use and
Purpose
129
ITEM NO: 4-1

CITY COUNCIL STAFF REPORT
MEETING DATE: September 15, 2026
SUBJECT: Consideration and Necessary Action on Resolution of Necessity 2026-95, Declaring the Public Interest and Necessity Require Identified Real Property to be Taken or Acquired by the City of Selma for a Public Use and Purpose.

SUBMITTED: Neal E. Costanzo, City Attorney
APPROVED: Jason Rogers, City Manager
RECOMMENDATION:

This is the public hearing on the Resolution of Necessity (RON) continued from its original date of September 8, 2026, to this meeting, solely for the purpose of allowing two property owners to address the City Council on this Resolution. Staff recommends the Council allow those two individuals to make the presentation they wish to make and, barring any significant developments bearing on the determinations the Council must make to adopt the RON, to adopt the RON with no less than a four-fifths vote.

DISCUSSION:

The City has the power of Eminent Domain which allows it to acquire property if doing so is necessary for a public use.

Here, the City plans to and has authorized a project for the establishment of intersection safety improvements, consisting of, among other things, the establishment of a traffic signal light at the intersection of Dinuba and McCall Avenue in the City of Selma. Many of the Property Owners involved from whom the City must acquire property in order to make those improvements have agreed upon a price and are in the process of transferring the property the city. Those that remain are, primarily, persons who have not responded to the City’s statutory offer to acquire the property for what the city has determined to be fair market value. In that circumstance, the City can only proceed by filing an Eminent Domain action. The Resolution of Necessity is simply a requirement that the city must observe before actually filing suit. The proposed resolution makes the necessary findings that allow the City Council to direct its City Attorney to initiate the Eminent Domain filing and if necessary, and if the city is in a position to proceed with the Project the City can acquire an order granting it immediate possession of the property. Typically, the only thing that remains to be resolved in an Eminent Domain suit is how much the city has to pay to acquire the property.

A Resolution of Necessity requires a four-fifths vote of the City Council. Once adopted, the Resolution conclusively establishes the things declared in it so that the only issue involved in any Eminent Domain Action is the price which is fair market value for the property that the city is required to pay under the constitution and laws of the Untied States and the State of California. Adoption of a Resolution of Necessity is required if the local governmental entity cannot acquire property needed for a public work of improvement by agreement with a 130
Property Owner. A Resolution of Necessity must find and declare that the Project in question is required by the public interest and necessity, that the proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury, that the property is necessary for the proposed Project and that the required statutory offer has been made to the Property Owner.

The City Council of the City of Selma shall conduct a public hearing to the extent necessary to hear comments or testimony by Property Owners who have received a Notice of Intention to Adopt a Resolution of Necessity and have notified the City of their intent to appear and be heard and adopt Resolution of Necessity.

FISCAL IMPACT:

The cost of filing and maintaining the Eminent Domain Action is uncertain. However, the entire project is funded through a grant and the cost of maintaining the Eminent Domain action is a proper charge against the grant.

Attachments:
☒ Resolution 2026-95
☐ Ordinance
☐ Map
☐ Agreement
☐ Other
List:
131
RESOLUTION NO. 2026-95

RESOLUTION OF NECESSITY A RESOLUTION THE CITY COUNCIL OF THE

CITY OF SELMA, DECLARING THE PUBLIC INTEREST AND NECESSITY

REQUIRE IDENTIFIED REAL PROPERTY TO BE TAKEN OR ACQUIRED BY THE CITY FOR A PUBLIC USE AND PURPOSE.

WHEREAS, the City Council of the City of Selma approved the acquisition of land for construction, reconstruction, alteration, improvement, paving, and surfacing of new and existing streets, installation of traffic signals, provision for drainage of streets and protective structures, sidewalks, walkways, curb and gutter, streetlights and facilities for placing electronic and communication service underground, street planting and landscaping, easement and rights of way and other works, property and structures necessary to carry out the objects and purposes of the city street improvement project known as the intersection safety improvements at the intersection of Dinuba and McCall Avenue in the City of Selma (“Project”); and
WHEREAS, on August 21, 2026, the City served by mail, notices to each Property Owner owning property near or adjacent to the intersection of McCall and Dinuba in the City of Selma to be acquired by the City for the Project, giving notice of the City’s intention to adopt a Resolution of Necessity and of their opportunity to be heard on that proposed Resolution; and
WHEREAS, on September 8, 2026, at 6:00 p.m., at a Special Meeting of the City Council at the date and time set by the aforementioned Notice of Intention to Adopt Resolution of Necessity, the City Council heard and considered the comments, testimony or arguments of Property Owners, or their agents, receiving the aforementioned the Notice of Intention to Adopt Resolution of Necessity and requesting an opportunity to be heard; and WHEREAS, the Property to be taken or acquired for the purpose of the Project, the Owners of which have received Notice of the city’s intention to adopt the Resolution of Necessity is as follows:
(a) 9810 S. McCall Avenue, Selma, Ca 93662-9404, a portion of APN No: 358-690- 01, Totaling 1,919 Sq. Ft. (0.04 Acres).
(b) 9885 S. McCall Avenue, Selma, Ca, 93662-9404, a portion of APN: 358-120-34, consisting of 11,077 Sq. Ft. (0.25 Acres).
(c) 10013 S. McCall Aveune, Selma, Ca 93662-9404, a portion of APN: 358-361-06, totaling 2,553 Sq. Ft.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and are incorporated by this reference. The city is authorized to acquire real property necessary for the Project, the aforementioned intersection safety improvements at McCall and Dinuba Avenue in the City of Selma by the Eminent Domain Law (CCP § 1230.010 et seq) at CCP §§1240.010, 1240.020 and 1240.050.
132
SECTION 2. The location and extent of property to be taken is specified in the recitals to this Resolution.

SECTION 3. The City Council of the City of Selma finds and determines:
(a) That the public interest and necessity require the proposed Project. (b) The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property described in this Resolution is necessary for the proposed Project. (d) The offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record of the property that is to be taken or acquired.

SECTION 4. The City Attorney or designee is authorized and directed to file suit against the Property Owners, to obtain a judgement in Eminent Domain and / or the Right of Immediate Possession of the aforementioned property necessary for the Project.

SECTION 6. Effective Date. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED, AND ADOPTED at a Regular Meeting of the City Council of the City of Selma held on the 15th day of September 2026 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

____________________________
ATTEST: Scott Robertson
Mayor
_______________________________
Mirium Cruz
Interim City Clerk
133
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134
5-1
Adopt Resolution 2026-107 Approving a
Professional Services Agreement between
Vitalvoice.ai Inc. and the City of Selma for
Real-Time Language Interpretation,
Transcription, and AI-Assisted
Communication Services for the Selma Fire
Department EMS Operations Division, and
Authorization for the City
Manager or Designee to Execute All
Necessary Associated Documents
135
ITEM NO: 5-1

CITY COUNCIL STAFF REPORT
MEETING DATE: September 15, 2026
SUBJECT: Consideration of Resolution 2026-107 Approving a Professional Services Agreement between Vitalvoice.ai Inc. and the City of Selma for Real-Time Language Interpretation, Transcription, and AI-Assisted Communication Services for the Selma Fire Department EMS Operations Division, and Authorization for the City Manager or Designee to Execute All Necessary Associated Documents
SUBMITTED: Jordan Webster, Fire Chief
APPROVED: Jason Rogers, City Manager
RECOMMENDATION:

Staff recommends the City Council adopt Resolution 2026-107 authorizing the City Manager or designee to execute a Professional Services Agreement with Vitalvoice.ai Inc. for real-time language interpretation, transcription, and AI-assisted communication services for the Selma Fire Department's Emergency Medical Services (EMS) Operations Division and authorizing the City Manager or designee to execute all necessary associated documents.

DISCUSSION:

The City of Selma is situated at the intersection of two major transportation corridors and serves a linguistically diverse population. Fire Department EMS personnel routinely respond to medical emergencies involving patients and bystanders who are limited-English proficient or non-English speaking, requiring rapid and accurate communication to assess symptoms, obtain medical history, and deliver time-sensitive care instructions.

Effective communication during emergency medical incidents is essential to patient safety and outcomes. Delays or inaccuracies in communication during the critical minutes following a 9-1-1 response can directly affect the quality and timeliness of care provided. The Selma Fire Department provides emergency medical services and ambulance transport to residents throughout the City of Selma and surrounding communities, and as part of its commitment to delivering high-quality public safety services, the Department continually seeks opportunities to improve the experience of the patients and community members it serves.

The proposed Professional Services Agreement with Vitalvoice.ai Inc. would provide EMS Operations Division personnel with on-demand access to real-time interpretation, transcription, and AI-assisted communication tools in the field.

Mitigating language barriers for the City's multilingual community brings tremendous value.

In a field where seconds matter, the ability to communicate clearly and accurately with every patient — regardless of the language they speak — directly supports better patient outcomes, reduces liability exposure, and reinforces the City's commitment to inclusive, equitable public safety services.

The Vitalvoice.ai platform includes AI Translator, AI Dictation, and AI Ambient Scribe capabilities. At an effective cost of approximately sixty-five cents ($0.65) per EMS response 136
per year, this technology represents a highly cost-effective investment in the quality and accessibility of emergency medical care.

The Professional Services Agreement with Vitalvoice.ai Inc. has a term of twenty-four (24) months with no cost escalation during the term. Either party may terminate the Agreement in accordance with the terms and conditions set forth therein.

FISCAL IMPACT:

The total first-year cost of the Agreement is $4,600.00, consisting of a one-time implementation fee of $1,000.00 and an annual service cost of $3,600.00. The annual cost for the second year of the Agreement is $3,600.00, with no escalation. The total cost over the full twenty-four (24) month term is $8,200.00. Costs will be funded through Ambulance Fund appropriations for Fiscal Year 2026/2027 and Fiscal Year 2027/2028. No additional budget amendment is required.

Attachments:
☒ Resolution 2026-107
☐ Ordinance
☐ Map
☐ Agreement
☒ Other
Attachment A: Professional Services Agreement
137
1 RESOLUTION NO. 2026-107

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA,

CALIFORNIA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH VITALVOICE.AI INC. FOR REAL-TIME LANGUAGE INTERPRETATION, TRANSCRIPTION, AND

AI-ASSISTED COMMUNICATION SERVICES FOR THE SELMA FIRE

DEPARTMENT EMS OPERATIONS DIVISION, AND AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO EXECUTE ALL NECESSARY ASSOCIATED

DOCUMENTS
WHEREAS, the City of Selma serves a linguistically diverse population, and Fire Department Emergency Medical Services (EMS) personnel routinely respond to medical emergencies involving patients and bystanders who are limited-English proficient or nonEnglish speaking; and WHEREAS, effective communication during emergency medical incidents is essential to patient safety and outcomes, and delays or inaccuracies in communication during the critical minutes following a 9-1-1 response can directly affect the quality and timeliness of care provided; and
WHEREAS, mitigating language barriers for the City's multilingual community brings tremendous value by supporting better patient outcomes, reducing liability exposure, and reinforcing the City's commitment to inclusive, equitable public safety services; and WHEREAS, Vitalvoice.ai Inc. will provide real-time language interpretation, transcription, and AI-assisted communication services — including AI Translator, AI Dictation, and AI Ambient Scribe capabilities — for the Fire Department's EMS Operations Division, enabling immediate and accurate communication between EMS providers and patients or bystanders across multiple languages; and
WHEREAS, the Professional Services Agreement has a term of twenty-four (24) months with no cost escalation, at a total first-year cost of $4,600.00 (consisting of a onetime $1,000.00 implementation fee and a $3,600.00 annual service cost) and a second-year cost of $3,600.00, for a total Agreement cost of $8,200.00; and WHEREAS, funding for this Agreement is appropriated in the Fiscal Year 2026/2027 and Fiscal Year 2027/2028 Ambulance Fund budgets, and no additional budget amendment is required; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Council hereby authorizes the City Manager or designee to execute the Professional Services Agreement with Vitalvoice.ai Inc. for real-time language 138
2 interpretation, transcription, and AI-assisted communication services for the Selma Fire Department's Emergency Medical Services (EMS) Operations Division.

SECTION 3. Funding for this Agreement is appropriated in the Fiscal Year 2026/2027 and Fiscal Year 2027/2028 Ambulance Fund budgets. No additional budget amendment is required.

SECTION 4. The City Manager or designee is hereby authorized to execute all necessary documents associated with this Agreement.

SECTION 6. Effective Date. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED, AND ADOPTED at a Regular Meeting of the City Council of the City of Selma held on the 15th day of September 2026 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
____________________________
Scott Robertson
Mayor
_______________________________
Miriam Cruz
Interim City Clerk
139
Exhibit A
Professional Services
Agreement,
Vitalvoice.ai Inc
140
vitalvoice.ai, Inc.
488 Winslow St. Unit 103
Redwood City, California
805-212-0430
[email protected]

PROFESSIONAL SERVICES AGREEMENT
(vitalvoice.ai)
This Cloud Services Agreement (hereinafter referred to as “Agreement”) is entered into as of _________, by and between Selma Fire Department (“CUSTOMER”) with an office located at 1711 Tucker Street Selma, CA 93662 , and vitalvoice.ai Inc. (“CONSULTANT”), a Delaware corporation, with an address located at 488 Winslow St. Unit 103, Redwood City, California, 94063.

RECITALS
WHEREAS, CUSTOMER desires to obtain real-time language interpretation, transcription, and AI-assisted communication services; and WHEREAS, CONSULTANT has developed proprietary software capable of delivering such services; NOW, THEREFORE, the Parties agree as follows:

1. DESCRIPTION OF SERVICES
Beginning on _____________________, CONSULTANT will provide the following services to CUSTOMER: a one-time delivery of vitalvoice.ai activation codes, consisting of ___________________, along with training videos and materials demonstrating how to properly use the vitalvoice.ai platform. The scheduled delivery date of the vitalvoice.ai activation codes and associated materials shall be __________________, unless otherwise agreed to in writing by both Parties.
141

2. COST OF INSTRUCTION AND PAYMENT
CUSTOMER shall pay CONSULTANT an annual fee of $3,600.00 for the Services provided under this Agreement. The initial term of this Agreement shall be two (2) years, for a total contract value of $7,200.00, plus a one-time implementation fee of $1,000.00, for a total agreement value of $8,200.00.

The $1,000.00 implementation fee shall be invoiced upon execution of this Agreement and is due in accordance with the payment terms set forth herein.

CONSULTANT shall submit an invoice to CUSTOMER upon delivery of the Services for the first annual term, and thereafter on each annual anniversary of the Effective Date for the second annual term. CONSULTANT shall submit each invoice within twenty-one (21) days of the applicable billing date, and CUSTOMER shall remit payment within thirty (30) days of receipt of such invoice.

3. TERM AND TERMINATION
This Agreement shall remain in effect until completion of the services described herein unless terminated earlier by either Party upon fourteen (14) days written notice. Either Party may terminate this Agreement immediately in the event of a material breach, non-payment, or violation of applicable laws.

4. RELATIONSHIP OF PARTIES
CONSULTANT is an independent contractor and not an employee, agent, or representative of CUSTOMER. CONSULTANT retains full control over the methods, systems, and technology used to perform the Services under this Agreement.

5. CONFIDENTIALITY
142
Both Parties agree to protect confidential information exchanged in connection with this Agreement, including but not limited to patient or user information, operational workflows, and proprietary technology. CONSULTANT shall not disclose CUSTOMER information without prior written consent and shall apply reasonable safeguards to protect such information. These obligations shall survive termination of this Agreement.

6. DATA HANDLING
CONSULTANT processes CUSTOMER data solely for the purpose of delivering the Services under this Agreement. CONSULTANT does not use, retain, or repurpose CUSTOMER data for model training, analytics, or any secondary purpose outside of service delivery. Any data transmitted through the platform is handled in accordance with applicable privacy and security standards and is not stored longer than necessary to perform the Services.

7. OWNERSHIP
All intellectual property related to vitalvoice.ai, including software, systems, algorithms, and documentation, remains the sole property of CONSULTANT.

CUSTOMER is granted a limited, non-exclusive, non-transferable license to use the Services during the term of this Agreement.

8. INDEMNIFICATION
CONSULTANT shall indemnify CUSTOMER against claims arising from CONSULTANT’s gross negligence or willful misconduct. CUSTOMER shall indemnify CONSULTANT against claims arising from misuse of the Services or failure to verify outputs or reliance on such outputs without appropriate oversight.

9. SERVICE AVAILABILITY
CONSULTANT will use commercially reasonable efforts to make the Services available; however, the Services may be subject to interruptions, delays, or limitations due to network connectivity, third-party services, or other factors 143
outside of CONSULTANT’s control. CONSULTANT does not guarantee uninterrupted or error-free operation.

10. AUTHORIZED USE
The Services are intended solely for official business use by CUSTOMER personnel. While the Services may be accessed on personal devices, such use must be limited strictly to CUSTOMER-authorized activities. CUSTOMER is responsible for ensuring that its personnel use the Services in accordance with this Agreement and applicable internal policies. CONSULTANT shall have no responsibility or liability for any personal, unauthorized, or non-business use of the Services.

11. COMPLIANCE WITH LAWS
Both Parties agree to comply with all applicable federal, state, and local laws and regulations.

12. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California.

13. ENTIRE AGREEMENT
This Agreement represents the entire understanding between the Parties and supersedes all prior agreements.

14. COUNTERPARTS AND ELECTRONIC SIGNATURE
This Agreement may be executed in counterparts and delivered electronically, each of which shall be deemed an original.

15. AUTHORITY TO BIND
Each person signing this Agreement represents that they have full authority to bind their respective organization.
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Consultant:
vitalvoice.ai, Inc.

Date:______________________ By: ____________________________________ Dr. Kory Kindle, CEO
Email: [email protected]
Client:

Selma Fire Department
Date:______________________ By: ____________________________________ Name: ______________________________
Title: _______________________________
Email:______________________________
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Selma City CouncilSeptember 15, 2026

Selma City Council
September 15, 2026