Agenda packet, regular meeting — Tulare City Council, October 3, 2023

City of Tulare Page 1
City of Tulare
City Council
Agenda
Tulare Public Library & Council Chamber
491 North M Street, Tulare
www.tulare.ca.gov
Tuesday, October 3, 2023
7:00 p.m. – Regular Meeting
Mission Statement
To promote a quality of life making Tulare the most desirable community in which to live, learn, play, work, worship and prosper.

Attending and Participating in Meetings
Regular Council meetings are held on the first and third Tuesdays of the month in the Council Chamber located in the Tulare Public Library at 491 North M Street, Tulare, subject to cancellation. Additional meetings of the City Council may be called as needed.

Attend meetings in person or access the meeting live via YouTube. For those that wish to provide public comment while not physically in attendance, call (559) 366-1849 during Public Comments and/or Public Hearing and General Business items. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute device used for viewing the meeting.

City of Tulare YouTube Channel:
https://www.youtube.com/channel/UCdWZiv2o7do1JY0OvGe1_aw/videos Documents related to items on the agenda are accessible on the City’s website at www.tulare.ca.gov and available for viewing at the entrance of the Council Chamber.

Rules for Addressing Council
• Members of the public may address the City Council on matters within the jurisdiction of the City of Tulare.
• If you wish to address Council, please complete one of the yellow speaker cards located at the entrance to the Council Chamber and provide to the Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address the Council during the time that Council is considering that agenda item. Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the Public Comments portion of the meeting.
• When invited by the mayor to speak, please step up to the podium, state your name and city of residence, and make your comments. Comments are limited to three minutes per speaker.

Americans with Disabilities Act
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification from the City Clerk’s Office at (559) 684-4200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting.

Agri-Center of the World
Mayor
Terry A. Sayre, District 2
Vice Mayor
Patrick Isherwood, District 5
Councilmembers
Jose Sigala, District 1
Stephen C. Harrell, District 3
Dennis A. Mederos, District 4
City Council Agenda – Regular Meeting October 3, 2023
City of Tulare Page 2

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION - Russ Siders, Senior Pastor of Sunrise Community Church to deliver the invocation.

3. PRESENTATIONS

3.1 Proclamation for Code Enforcement Officer Appreciation Week, October 8-14, 2023.

3.2 Proclamation for Fire Prevention Week, October 8-14, 2023.

3.3 Rep’d Presentation.

3.4 Flock Safety Presentation.

3.5 Race Communications Presentation.

3.6 Adventist Health Tulare Presentation.

4. PUBLIC COMMENTS - This is the time for the public to comment on matters within the jurisdiction of the Tulare City Council that are not on the agenda. The Council asks that comments are kept brief and positive. The Council cannot legally discuss or take official action on request items that are introduced tonight. This is also the time for the public to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to Public Hearing or General Business items will be heard at the time those items are discussed. In fairness to all who wish to speak, each speaker will be allowed three minutes with a maximum time of 15 minutes per item unless otherwise extended by Council. Please begin your comments by stating your name and providing your city of residence.

5. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office 10 days prior to a Council meeting to be considered for this section of the agenda. No action will be taken on matters listed under Communications; however, the Council may direct staff to schedule issues raised during Communications for a future meeting.

6. COUNCIL REPORTS AND ITEMS OF INTEREST

7. CONSENT CALENDAR - All Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

7.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances by waived.

7.2 Special and/or Regular Meeting Minutes of September 19, 2023.

Recommended Action: Approve as submitted. [M. Hermann]
City Council Agenda – Regular Meeting October 3, 2023
City of Tulare Page 3

7.3 Cancellation of January 2, 2024 Regular Meeting.

Recommended Action: Cancel the regular City Council meeting scheduled on January 2, 2024. [M. Hermann]

7.4 Annual Christmas Parade Encroachment Permit.

Recommended Action: Adopt a resolution approving an application for an encroachment permit to close and utilize a portion of State Route 137 in connection with the Annual Children’s Christmas Parade and Downtown Tree Lighting event. [M.

Hermann]

7.5 Surplus Outdated Self-Contained Breathing Apparatus (SCBA).

Recommended Action: Adopt a resolution authorizing the surplus of the Fire Department’s SCBAs and donation to Valley Regional Occupational Program (Valley ROP). [M. Ott]

7.6 Final Map Acceptance – KCOK 5 & 9.

7.7 Purchase of One Ford F-550 Truck for the Streets Division.

7.8 Kings/Tulare Area Agency on Aging Agreements for 2023/2024.

7.9 SJVAPCD Electric Vehicle Grant.

8. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

8.1 Tulare Parks and Recreation Master Plan and Needs Assessment.

Recommended Action: Receive the recommendation of the Tulare Parks and Recreation Commission and adopt a resolution approving the Tulare Parks and Recreation Master Plan and Needs Assessment. [J. Glick]

8.2 EN0074 - Cross Avenue Street Improvement Project Resolution of Necessity for Property Acquisitions.

Recommended Action: Adopt a Resolution of Necessity for APN’s 168-340-005 and 168-340-006 (the “Properties”) authorizing the City Attorney to take the steps City Council Agenda – Regular Meeting October 3, 2023
City of Tulare Page 4
necessary to finalize the acquisition of the properties for the construction of the Cross Avenue Improvement Project by the City (the “Project”). [M. Zamora]

8.3 Demolition of City Building (Old Library).

Recommended Action: Authorize the City Manager or designee to enter into a contract with Housley Demolition Co., Inc. in an amount not to exceed $171,826 for the demolition of the old library building located at 113 North F Street; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the contract amount ($17,182.60). [M. Correa]

9. FUTURE AGENDA ITEMS

9.1 Planned Temporary Shutdown at Dryer’s Grand Ice Cream Plant in Tulare.

Recommended Action: Review and provide direction to either add to a future agenda or not. [Councilmember Harrell]

10. STAFF UPDATES

11. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, October 17, 2023, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

AFFIDAVIT OF POSTING AGENDA
I hereby certify, in conformance with Government Code Sections 54954.2 and 54956, this agenda was posted in the kiosk at the front of City Hall, 411 E. Kern Avenue, as well as on the City of Tulare’s website (www.tulare.ca.gov).

POSTED: Thursday, September 28, 2023
Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: October 3, 2023 Agenda Memo
Date: September 28, 2023
Time Estimates - Time estimates are provided as part of the Council’s effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council, by consensus, reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Items may be heard before or after the time estimated on the agenda. This may occur to best manage the time at a meeting or to adapt to the participation of the public.

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION - Russ Siders, Senior Pastor of Sunrise Community Church to deliver the invocation.

3. PRESENTATIONS [Time Estimate: 7:05-8:15 p.m.]

3.1 Proclamation for Code Enforcement Officer Appreciation Week, October 8-14, 2023.

3.2 Proclamation for Fire Prevention Week, October 8-14, 2023.

3.3 Rep’d Presentation.

3.4 Flock Safety Presentation.

3.5 Race Communications Presentation.

3.6 Adventist Health Tulare Presentation.

5. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office 10 days prior to a Council Meeting to be considered for this section of the agenda. No action will be taken on matters listed under communications; however, the Council may direct staff to schedule issues raised during communications for a future agenda. Public comments will be limited to three minutes per topic unless otherwise extended by Council. [Time Estimate: 8:30- 8:30 p.m.]

6. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 8:30-8:35 p.m.]

7.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

7.2 Special and/or Regular Meeting Minutes of September 19, 2023.

Recommended Action: Approve as submitted. [M. Hermann]

7.3 Cancellation of January 2, 2024 Regular Meeting.

Recommended Action: Cancel the regular City Council meeting scheduled on January 2, 2024. [M. Hermann]
Summary: The Tulare City Council holds regular meetings on the first and third Tuesday of each month. The first Tuesday of January 2024 is January 2. The City observes New Year’s Eve and New Years Day as holidays. Since New Year’s Eve falls on a Sunday, it is being observed on Monday, January 1 and New Year’s Day is being observed on Tuesday, January 2. Staff is recommending Council cancel the January 2 meeting due to the observance of these holidays.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

7.4 Annual Christmas Parade Encroachment Permit.

Hermann]
Summary: The Annual Children’s Christmas Parade and Downtown Tree Lighting event are coordinated by the Tulare Downtown Foundation (“Foundation”). These events are held annually on the first Thursday of December beginning at 6:30 p.m.

Tulare City Council Page 3
Agenda Memo - October 3, 2023
This year, the Foundation has made a slight modification in the parade route requiring an updated encroachment permit through Caltrans as part of the route requires the closure of a portion of State Route 137 (Inyo Avenue between K Street and L Street).

The Foundation had a Site Plan Review with City staff on September 20. Adopting the proposed resolution will formally state the City’s support for the Foundation to apply for an encroachment permit with Caltrans.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

7.5 Surplus Outdated Self-Contained Breathing Apparatus (SCBA).

Recommended Action: Adopt a resolution authorizing the surplus of the Fire Department’s SCBAs and donation to Valley Regional Occupational Program (Valley ROP). [M. Ott]
Summary: The Fire Department has been fortunate to receive funding from Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant and the City for the replacement of outdated SCBAs. Staff made the purchase and put the new SCBAs in service earlier this year. An evaluation of the old SCBAs was conducted and it was determined that none of the equipment can interface with the new equipment. These old SCBA units have no value to the Department. It is common practice to donate old Fire Department equipment to education programs for their use during training as most of these programs are severely underfunded.

After discussions with a local Career Technical Training (CTE) program, it was decided they could benefit from the use of these SCBA units. The Valley ROP serves approximately 100 students annually in Tulare and Fresno Counties. This program provides high school students the first opportunity to learn about careers in the fire service. The older SCBAs will give the students an opportunity to get familiar with this type of equipment and give them the understanding of the physical, mental, and emotional endurance they need to build for the fire service profession.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

7.6 Final Map Acceptance – KCOK 5 & 9.

Recommended Action: Conditionally approve the final map and subdivision improvement agreement for Phase 5 and Phase 9 of the KCOK subdivision for recordation, and accept all easements and dedications offered to the City, subject to receipt of the signed final map, all fees, and other required items prior to December 2, 2023. [M. Miller]
Tulare City Council Page 4
Agenda Memo - October 3, 2023
Summary: Planning Commission Resolution No. 5423 adopted on June 27, 2022, approved the tentative subdivision map for the KCOK 5 & 9 subdivision located on the northwest corner of Morrison Street and the Seminole Avenue alignment. The overall subdivision comprises approximately 126 acres. The proposed subdivision is being developed in phases. The KCOK 5 & 9 subdivision will create 88 single-family residential lots, a park, and associated landscape and lighting district lots.

To expedite the final map approval process, the Subdivider is requesting Council’s conditional approval and acceptance subject to receipt of the signed map, all fees, and other required items within 60-days. Such requests for conditional approval have routinely been accommodated.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: The final map will be reviewed for compliance with applicable legal requirements prior to recordation.

Alternative Action: 1) Approve with changes - Changes would result in delay to the project schedule; 2) Deny - Construction of the proposed single-family residential construction project would not be permitted; or 3) Table - The delay resulting from tabling this item could adversely impact the Developer’s construction schedule.

7.7 Purchase of One Ford F-550 Truck for the Streets Division.

Recommended Action: Award the purchase of one new/unused 2024 Ford Super Duty F-550 truck to National Auto Fleet Group, of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $105,325.57, which includes all fees, tax and shipping and approve the increase in budget by $25,325.57. [T. Whitfield] Summary: The City is a member of Sourcewell, which is a national public service agency that provides for cooperative purchasing for government agencies. Through the Sourcewell Contract No. 091521-NAF, staff is requesting authorization to purchase one new/unused 2024 Ford Super Duty F-550 XL 2WD Crew cab truck with Scelzi upfit from National Auto Fleet Group, of Watsonville, CA in the amount of $105,325.57.

The proposed truck is a replacement unit and is as follows:

The original budget for the truck anticipated using the service body from unit #758 on the new truck. After review by the Streets Manager and Fleet Superintendent, it was Tulare City Council Page 5
Agenda Memo - October 3, 2023
decided that there would be too much fabrication required to move the service body over. If the purchase is approved, unit #758 will be surplussed once the new unit is received.

Due to the time constraints, the City Manager approved the issuance of a purchase order to secure the truck. If the City Council does not approve this item, the build will be canceled, and we will have to wait for the next availability of trucks through the National Auto Fleet Group.

Fiscal Impact & Funding Source(s): Funding for the purchase of the vehicle will come from the Streets Division Fleet Replacement Funds (Fund 604). The requested budget for this truck was $80,000 and the cost for new, completed truck is $105,325.57. The Streets Division has just under $115,000 in reserve funds and has agreed to use these funds to cover this purchase.

Legal Review: This item does not require review by the City Attorney’s office.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If not approved, the Streets Division will continue to use unit #758 until a new vehicle can be purchased.

7.8 Kings/Tulare Area Agency on Aging Agreements for 2023/2024.

Recommended Action: Authorize the City Manager or designee to sign agreements with the Kings/Tulare Area Agency on Aging (K/TAAA) for the City of Tulare to provide nutritional services through the 2023/2024 K/TAAA Senior Nutrition Program. [J. Glick] Summary: Each year, the Senior Services Division of the Community Services Department enters into yearly agreements with the Kings/Tulare Area Agency on Aging (K/TAAA) to provide nutrition services to the seniors in the community. The Senior Nutrition Program offers hot meals, frozen delivery meals, and a variety of nutritional and educational services throughout the year.

The agreements sent from K/TAAA for this fiscal year are three-fold:

1. Agreement K/TAAA 23/24-05 – total funding award $274,201 a. This agreement is our regular on-going agreement which is the basis for the daily meal program.

2. Agreement IF 23/24- total funding award $57,686
a. This agreement pertains to a new component of Inter-Generational Funding, allowing for seniors and younger generations to connect through lunch and activities at the Tulare Senior Community Center. Senior Division staff have already created and will be implementing plans for incorporate this funding throughout the agreement year.

3. Agreement NI 23/24-05 total funding award $81,467
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Agenda Memo - October 3, 2023
a. This agreement pertains to previously approved infrastructure funding. These funds were approved by City Council in January 2023. These funds are geared to specific items for the Senior Center including – ADA upgrades, meal delivery vehicle, dishwasher, and technology upgrades.

4. Total 2023/2024 Agreement award - $413,354
These agreements are in effect from July 1, 2023, and shall terminate on June 30, 2024.

Fiscal Impact & Funding Source(s): If approved, these funds will continue to provide nutrition to the seniors of our community. On average, the Tulare Senior Community Centers provides almost 4,000 meals/month to seniors in our community. With average daily meal attendance of 150 people per day, as well as delivering meals to over 40 homebound clients throughout the city limits of Tulare. In addition to nutrition, these funds will also allow for the procurement of new goods which will allow us to develop and expand our current programs and services. These funds will allow us to provide a connection between our senior programs and the younger generations in our community through the intergenerational funding source.

Legal Review: This item was reviewed by legal counsel.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

7.9 SJVAPCD Electric Vehicle Grant.

Recommended Action: Adopt a resolution authorizing the City Manager or designee to apply for an electric vehicle grant from the San Joaquin Valley Air Pollution Control District (SJVAPCD) and sign all applicable paperwork. [M. Correa] Summary: The SJVAPCD has received limited funds and is offering to supply specific grants for the replacement of eligible specialty vehicles with electric powered vehicles for the year 2023 - 2024. Staff intends to apply for grant funding to replace gasoline powered light vehicles that have reached the end of useful life with plug in hybrid vehicles. The grant is $100,000 ($20,000 per vehicle).

Fiscal Impact & Funding Source(s): The remaining balance for the vehicle will be paid from the vehicle reserve account.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

8. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

8.1 Tulare Parks and Recreation Master Plan and Needs Assessment. [Time Estimate:
8:45-9:15 p.m.]
Recommended Action: Receive the recommendation of the Tulare Parks and Recreation Commission and adopt a resolution approving the Tulare Parks and Recreation Master Plan and Needs Assessment. [J. Glick] Tulare City Council Page 7
Agenda Memo - October 3, 2023
Summary: On September 19, 2021, City Council approved a contract with Pros Consulting in the amount of $99,945.00 for Project PK 2021-002- Tulare Parks and Recreation Master Plan and Needs Assessment.

The Community Services Department has been working with Pros Consulting at developing a new fifteen-year Tulare Parks and Recreation Master Plan and Needs Assessment. Pros Consulting is a full-service management consulting and strategic master planning firm focusing on services to government agencies, with specialized experience in parks and recreation, national accreditation, open space planning, economic development, and marketing and branding.

The City and Pros Consulting have had numerous staff meetings, public meetings, focus group discussions, and completed a community wide survey. In addition, City Staff were tasked with, and completed worksheets that evaluated all aspects of Parks and Recreation Department. In turn, Pros Consulting reviewed City data, compared the Community Services Department with other agencies across the nation, and ultimately prepared a plan for the Department moving forward.

At the Thursday May 25, 2023, Tulare Parks and Recreation Commission meeting, the Commission reviewed and received the Tulare Parks and Recreation Master Plan and Needs Assessment by Pros Consulting and recommended that the Tulare City Council approve the Tulare Parks and Recreation Master Plan and Needs Assessment.

On June 20, 2023, City Council heard the first presentation of the Tulare Parks and Recreation Master Plan and Needs Assessment by Pros Consulting. Michael Svetz from Pros Consulting will give a second presentation of the 2023 Tulare Parks and Recreation Master Plan and Needs Assessment. Pros Consulting has included a section on Energy Services based on materials provided by the City’s energy consultant, Engie, in the Sustainable Capital Improvement category of the document.

On August 15, 2023, City Council received a second presentation of the Tulare Parks and Recreation Master Plan and Needs Assessment by Pros Consulting and provided further direction to Staff. City staff will provide a third presentation of the 2023 Tulare Parks and Recreation Master Plan and Needs Assessment at the October 3 Council meeting, at which further information regarding storm water retention basins and their relationship to City parks. Subsequent to the presentation, staff will request adoption of the Tulare Parks and Recreation Master Plan and Needs Assessment.

The complete Tulare Parks and Recreation Master Plan and Needs Assessment is included as Attachment 1 of this staff report for City Council review.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

Tulare City Council Page 8
Agenda Memo - October 3, 2023

8.2 EN0074 - Cross Avenue Street Improvement Project Resolution of Necessity for Property Acquisitions. [Time Estimate: 9:15-9:35 p.m.]
Recommended Action: Adopt a Resolution of Necessity for APN’s 168-340-005 and 168-340-006 (the “Properties”) authorizing the City Attorney to take the steps necessary to finalize the acquisition of the properties for the construction of the Cross Avenue Improvement Project by the City (the “Project”). [M. Zamora] Summary: The City desires to acquire portions of properties, including the subject property identified in the attached resolution, as right-of-way for the construction of street improvements on Cross Avenue from its intersection with West Street to a point approximately 1,050 feet to the west. The additional right-of-way to be acquired from the Property is necessary to relocate power poles and install curb, gutter, pave-out, sidewalk, and driveway approaches.

In preparation for the acquisition of the needed properties, the City prepared two appraisals for the Property and made statutory offers to the property owners. These steps were taken to ensure compliance with all applicable laws.

It is important to note that this hearing, by law, is not conducted to discuss or in any way address the compensation for the land that will be needed for completion of the Project. This hearing is held to have the Council make the necessary findings and establish by resolution the public necessity for the project and consequently for the identified parcels needed to complete the project. Any public testimony or council discussion regarding the value of the properties would be inappropriate.

The attached Resolution of Necessity must be passed by 2/3 vote of council (or 4 of 5 in favor) and would authorize the City Attorney to initiate an Eminent Domain process, if necessary, to secure the parcels for the desired project. Such process would require a complaint to be filed in Superior Court along with a deposit equal to the fair market value appraisal obtained by the City for the subject property. The total fair market value for the Property is $44,700.00. The City would also request an order of immediate possession from the court, which would provide the City with the ability to take possession of the Property before the Eminent Domain court proceedings have been completed.

Fiscal Impact & Funding Source(s): EN0074-030-0610; 021 – Measure R-Local; 022 – Gas Tax; 122 – Gas Tax (RMRA)
Legal Review: The City Attorney’s office prepared the Resolutions of Necessity, and has been involved in the right-of-way acquisition process.

Alternative Action: 1) Approve with changes; 2) Deny - Denying would require that City staff and consultants continue to negotiate directly with the affected property owners, who have not been responsive to such efforts to date. Failure to secure the Properties would prevent the City from installing curb, gutter and sidewalk along the north side of Cross Avenue with the Project; or 3) Table - The postponement of adopting the Resolutions of Necessity will result in continued delays in the construction of the Project.

Tulare City Council Page 9
Agenda Memo - October 3, 2023

8.3 Demolition of City Building (Old Library). [Time Estimate: 9:35-9:55 p.m.] Recommended Action: Authorize the City Manager or designee to enter into a contract with Housley Demolition Co., Inc. in an amount not to exceed $171,826 for the demolition of the old library building located at 113 North F Street; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the contract amount ($17,182.60). [M. Correa] Summary: In 1963, the City built a public library at 113 North F Street, the site once occupied by Central School. This was home of the Tulare Public Library for 47 years, a vital community resource, providing access to a growing range of materials and services. With the growth of the city, there was a need to expand to accommodate the growing population. In July 2010, the library moved to its current location at 475 North M Street.

The old library building has been vacant for the past 13 years adding expenses to the city with the electric, alarm, landscaping, and water services. Staff is recommending the demolition of the building not only because the recurring expenses, but because the building is continuously vandalized presenting a safety concern for the area.

Fiscal Impact & Funding Source(s): The funding will be from Code Enforcement’s demolition account.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

9. FUTURE AGENDA ITEMS [Time Estimate: 9:55-10:00 p.m.]

9.1 Planned Temporary Shutdown at Dryer’s Grand Ice Cream Plant in Tulare.

Recommended Action: Review and provide direction to either add to a future agenda or not. [Councilmember Harrell]

10. STAFF UPDATES [Time Estimate: 10:00-10:05 p.m.]

11. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, October 17, 2023, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare. ,
WHEREAS, the State of California has proclaimed the second week of October as Code Enforcement Officer Appreciation Week; and
WHEREAS, Code Enforcement Officers provide for the safety, health, and welfare of residents throughout the City of Tulare through the enforcement of local, state, and federal laws and ordinances dealing with various issues of public safety, health, building, zoning, housing, property nuisance, and environment; and
WHEREAS, Code Enforcement Officers have challenging and demanding roles while improving the quality of life for residents and businesses of local communities; and WHEREAS, the role of Code Enforcement Officers has expanded in recentyears with jurisdictions increasingly relying on the expertise and training of Code Enforcement Officers in their communities; and WHEREAS, Code Enforcement Officers are dedicated, qualified, and trained professionals who share the goals of preventing neighborhood deterioration, enhancing communities, ensuring safety, and preserving property values through knowledge, training, and application of housing, zoning, and nuisance laws; and
WHEREAS, Code Enforcement Officers have a visible role in the City of Tulare and regularly interact with the public; and
WHEREAS, the City of Tulare would like to recognize and honor the Code Enforcement Officers that serve this community and their role improving the quality of life within the City.

NOW, THEREFORE, we, the City Council of the City of Tulare, do hereby proclaim the week of October 8-14,2023, as
Gode Enforcement Officer Appreciation Week
in the City of Tulare and encourage residents to recognize and express appreciation for the dedication and service by the individuals who serve as City of Tulare Code Enforcement Officers.

Dated this 3'd day of October 2023. a J"r^,^-
ttiaydor
ls ce Mayor
J
A,n
6be S Councilmember shl
Stephen
( +{ n^;rtC. Harrell, Gouncilmember
Ntu,i, lf . fulbwDennis A. Mederos, Councilmember
WHEREAS, the City of Tulare is committed to ensuring the safety and security of allthose living in and visiting our city; and
WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, home fires killed more than 2,800 people in the United States in 2021, according to the National Fire Protection Association@ (NFPA@), and fire departments in the United States responded to 338,000 home fires; and
WHEREAS, cooking is the leading cause of home fires in the United States and fire departments responded to more than 166,400 annually between 2016 and 2020 and two of every five home fires start in the kitchen with 31% of these fires resulting from unattended cooking; and WHEREAS, more than half of reported non-fatal home cooking fire injuries occurred when the victims tried to fight the fire themselves; and children under five face a higher risk of non-fire burns associated with cooking than being burned in a cooking fire; and WHEREAS, the City of Tulare residents should turn pot handles toward the back of the stove; always keep a lid nearby when cooking; keep a three-foot kid-free zone around the stove, oven, and otnei thingsthat could get hot; watch what they heat; and set a timer to remind them that they are cooking; and
WHEREAS, the City of Tulare residents who have planned and practiced a home fire escape plan are more prepared and wilitherefore be more likely to survive a fire; and working smoke alarms cut the risk of dying in reported home fires almost in half; and WHEREAS, the City of Tulare first responders are dedicated to reducing the occurrence of home fires, home fire injuries through prevention and protection education; and residents are responsive to public education measures and can take personal steps to increase their safety from fire, especially in their homes; and
WHEREAS, the 2023 Fire Prevention WeekrM theme, "Cooking safety starts with YOU. Pay attention to fire preventionrM," effectively serves to remind us to stay alert and use caution when cooking to reduce the risk of kitchen fires.

NOW, THEREFORE, we, the City Council of the City of Tulare, do hereby proclaim the week of October 8-14,2023, as Fire Prevention Week in the City of Tulare and encourage all the people of the City of Tulare to check their kitchens for fire hazards and use safe cooking practices at all times, and to support the many public safety activities and efforts of the City of Tulare fire and emergency services.

Dated this 3rd day of October 2023.

Jr-,r+ A J"'r'"-
Terry A. Sayre, Md{Jor ()"')4-
lfie sisala, bouncilmember
lshenrood, ce Mayor
Sftrl- C A,n^*vt
Stepflen G. Harrell, Gouncilmember
Ntu,i" A, n!fu,^eaDennis A. Mederos, Councilmember
City of Tulare Page 1

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, September 19, 2023
6:00 p.m. - Special Meeting
7:00 p.m. - Regular Meeting
COUNCIL PRESENT: Mayor Terry A. Sayre
Vice Mayor Patrick Isherwood
Councilmember Jose Sigala
Councilmember Stephen C. Harrell
Councilmember Dennis A. Mederos
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario Zamora; Chief Deputy City Clerk Melissa Hermann; Assistant City Manager Josh McDonnell; Assistant Finance Director Melanie Gaboardi; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Community Services Director Jason Glick; Police Chief Fred Ynclan; Fire Chief Michael Ott; Human Resources Director Janice Avila; Community Development
Director Mario Anaya; Executive Director of Economic
Development and Redevelopment Traci Myers; Chief
Technology Officer Jason Bowling
Proper notice of this meeting was given pursuant to Government Code Section 54954.2 and 54956.

1. CALL TO ORDER SPECIAL MEETING
Mayor Sayre called the special meeting of the City Council to order at 6:01 p.m. in the Council Chamber located at 491 North M Street.

2. STUDY SESSION - Comments at a special meeting are limited to items listed on the special meeting agenda. Each speaker will be allowed three minutes per item.

2.1 Fire Department’s Community Risk Assessment & Standards of Cover.

Recommended Action: Receive and accept Fire Department’s Community Risk Assessment & Standards of Cover conducted by AP Triton. [M. Ott] Presented By: Steven Hall of AP Triton and Fire Chief Michael Ott Public Comment: None
Council Action: It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to accept the report as submitted.

3. ADJOURN SPECIAL MEETING
The special meeting was adjourned at 6:57 p.m.

Item #: 7.2
Consent
City Council Meeting Minutes September 19, 2023
City of Tulare Page 2

4. CALL TO ORDER REGULAR MEETING
Mayor Sayre called the regular meeting of the City Council to order at 7:05 p.m. in the Council Chamber located at 491 North M Street.

5. PLEDGE OF ALLEGIANCE AND INVOCATION
Community Services Director Jason Glick led the Pledge of Allegiance, and an invocation was given by Susan Henard, Pastor of River Valley Church.

6. PRESENTATIONS

6.1 Proclamation for Hispanic Heritage Month, September 15-October 15, 2023.

7. PUBLIC COMMENTS
The following provided public comment: Donnette Silva-Carter provided Chamber of Commerce updates; Karen Snow regarding the median construction on Blackstone requesting it be extended to block left turns on San Joaquin due to speed concerns; and David Young regarding his recent utility bill noting excess water use.

8. COMMUNICATIONS
City Manager Marc Mondell advised there were no communications.

9. COUNCIL REPORTS AND ITEMS OF INTEREST
Council reported out on recent events and discussed items of interest.

10. CONSENT CALENDAR
Item 10.5 was removed from the Consent Calendar as request by staff.

It was moved by Councilmember Harrell, seconded by Councilmember Mederos, and unanimously carried to approve the items on the Consent Calendar as presented except for item 10.5.

10.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

10.2 Special and/or Regular Meeting Minutes of September 5, 2023.

Recommended Action: Approve as submitted. [M. Hermann]

10.3 Second Reading and Adoption of Ordinance 2023-08.

Recommended Action: Adopt Ordinance 2023-08 amending Title 5 (Business Regulations) of the Tulare Municipal Code to add Chapter 5.62 (Disqualification of Contractors for Public Works Contracts). [M. Miller]

10.4 August 2023 Investments Report.

Recommended Action: Accept the monthly investments report for August 2023. [M. Gaboardi]
City Council Meeting Minutes September 19, 2023
City of Tulare Page 3

PULLED CONSENT CALENDAR ITEMS

10.5 Fire Department Memoranda of Understanding.

Recommended Action: Approve the enclosed MOUs for Division Chief Group, Non-Management Bargaining Group and Management Bargaining Group. [M.

Zamora]
Council Action: This item was pulled from the Consent Calendar at the request of staff due to the need of revisions. It will be brought back at a future meeting.

11. PUBLIC HEARINGS

11.1 Proposed 2022 Consolidated Annual Performance Evaluation Report (CAPER).

Recommended Action: Adopt a resolution approving the 2022 Consolidated Annual Performance Evaluation Report (CAPER) as presented; and authorize the City Manager or his designee to submit the CAPER to HUD on behalf of the City of Tulare.

Presented By: Community Development Director Mario Anaya Public Comment: The public hearing was opened at 7:39 p.m. Receiving no public comments, the public hearing was closed at 7:39 p.m.

Council Action: It was moved by Councilmember Harrell, seconded by Vice Mayor Isherwood, and unanimously carried to approve the item as presented.

12. GENERAL BUSINESS

12.1 PK0033 - Zumwalt Park Renovation Project.

Recommended Action: Award and authorize the City Manager to sign contracts related to the construction of City Project PK0033 to renovate Zumwalt Park; and authorize the City Manager or his designee to approve contract change orders in an amount not to exceed 10% of each contract amount and approve the revised project sheet.

Task Description Contractor Amount

1. Construction Contractor Caliber Contracting Services, Inc. of Fresno, CA
$11,964,000

2. Construction Management
& Inspection
4Creeks of Visalia, CA $596,570

3. Materials Testing Krazan & Associates of Clovis,
CA
$29,765

4. Construction Surveying Lane Engineers of Tulare, CA $67,700

5. Labor Compliance Silvera Consulting of Galt, CA $31,780 Presented By: City Engineer Michael Miller and City Manager Marc Mondell Public Comment: The following spoke in support of the item: Kevin Mooney, Renee Soto, Ava Herrera, Jack Herrera, Donnette Silva-Carter, and Jacob Fraga. Mayor Sayre asked for a show of hands from the attendees that agreed with those that spoke in support of which a majority raised their hand. The following spoke in opposition of the item: Jason Bender.

Council Action: It was moved by Councilmember Sigala and seconded by Councilmember Mederos to approve the item as presented and direct staff to bring back items at future meetings including a discussion on issues brought up City Council Meeting Minutes September 19, 2023
City of Tulare Page 4
including parking, staff continue to look for alternative funding (non-DIF funds) for the project and try to restore the DIF funds, and options to deal with a nuisance building across the street. Following discussion, the motion was amended. It was moved by Councilmember Sigala, seconded by Councilmember Mederos, and unanimously carried to approve the item as presented and direct staff to bring back an item to a future Council meeting to discuss any negative impacts that may result from the project including parking, and to have staff to continue to look for alternative funding (non-DIF funds) for the project and try to restore the DIF funds.

12.2 FM0046 - Courthouse Renovation and Parking Lot Rehabilitation.

Recommended Action: Award and authorize the City Manager to sign contracts related to the construction of City Project FM0046 – Courthouse Renovation and Parking Lot Rehabilitation; and authorize the City Manager or his designee to approve contract change orders in an amount not to exceed 10% of each contract amount and approve the revised project sheet.

Task Description Contractor Amount

1. Construction Contractors Various Construction Contracts $5,803,272.35

2. Materials Testing Krazan & Associates of Clovis,
CA
$13,990

3. Construction Surveying Guida of Fresno, CA $61,250

4. Labor Compliance Labor Consultants of California
of Hanford, CA
$25,500
Presented By: City Engineer Michael Miller and City Manager Marc Mondell Public Comment: Donnette Silva-Carter providing additional details as well as sharing the partnerships and benefits of the project; Gil Jaramillo of the Valley Community Small Business Development Center in support of the project; and John Harman in support of the project.

Council Action: It was moved by Councilmember Harrell, seconded by Councilmember Mederos, and unanimously carried to award and authorize the City Manager to sign contracts related to the construction of City Project FM0046 – Courthouse Renovation and Parking Lot Rehabilitation as presented. It was further moved by Councilmember Mederos, seconded by Mayor Sayre, and unanimously carried to authorize the City Manager or his designee to approve contract change orders in an amount not to exceed 10% of each contract amount and approve the revised project sheet.

12.3 EN0074 - Cross Avenue Street Improvement Project.

Recommended Action: Approve a revised project sheet reflecting increased construction costs and modified funding sources; and adopt a resolution amending the 2023/2024 Fiscal Year Budget allocating $1,100,000 to General Fund CIP from Fund 017 and revising Project EN0074 funding to include $1,100,000 from General Fund CIP.

Presented By: City Engineer Michael Miller
Public Comment: None
Council Action: It was the consensus of Council to table this item due to the late hour.

City Council Meeting Minutes September 19, 2023
City of Tulare Page 5

13. FUTURE AGENDA ITEMS - NONE SUBMITTED

14. STAFF UPDATES
Staff provided updates on department activities.

15. ADJOURN REGULAR MEETING
A moment of silence was held in honor of Retired Tulare County Sheriff Bob Wiley. The regular meeting was adjourned at 10:14 p.m.

Approved by Council: October 3, 2023

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
__________________________________
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: October 3, 2023
Department: City Manager
Submitted by: Melissa Hermann, Chief Deputy City Clerk
Agenda Title: Cancellation of January 2, 2024 Regular Meeting

RECOMMENDED ACTION
Cancel the regular City Council meeting scheduled on January 2, 2024.

SUMMARY
The Tulare City Council holds regular meetings on the first and third Tuesday of each month.

The first Tuesday of January 2024 is January 2. The City observes New Year’s Eve and New Years Day as holidays. Since New Year’s Eve falls on a Sunday, it is being observed on Monday, January 1 and New Year’s Day is being observed on Tuesday, January 2. Staff is recommending Council cancel the January 2 meeting due to the observance of these holidays.

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS
None
Reviewed/Approved:

Item #: 7.3
Consent

7.3 Consent Page 1
Staff Report
Meeting: City Council
Date: October 3, 2023
Department: City Manager
Submitted by: Melissa Hermann, Chief Deputy City Clerk
Agenda Title: Annual Christmas Parade Encroachment Permit

RECOMMENDED ACTION
Adopt a resolution approving an application for an encroachment permit to close and utilize a portion of State Route 137 in connection with the Annual Children’s Christmas Parade and Downtown Tree Lighting event.

SUMMARY
The Annual Children’s Christmas Parade and Downtown Tree Lighting event are coordinated by the Tulare Downtown Foundation (“Foundation”). These events are held annually on the first Thursday of December beginning at 6:30 p.m.

This year, the Foundation has made a slight modification in the parade route requiring an updated encroachment permit through Caltrans as part of the route requires the closure of a portion of State Route 137 (Inyo Avenue between K Street and L Street). The Foundation had a Site Plan Review with City staff on September 20. Adopting the proposed resolution will formally state the City’s support for the Foundation to apply for an encroachment permit with Caltrans.

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Resolution
Reviewed/Approved:

Item #: 7.4
Consent

7.4 Consent Page 1
RESOLUTION 2023-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

SUPPORTING AN APPLICATION BY THE TULARE DOWNTOWN FOUNDATION

FOR AN ENCROACHMENT PERMIT TO CLOSE AND UTILIZE A PORTION OF STATE ROUTE 137 IN CONNECTION WITH THE ANNUAL CHILDREN’S

CHRISTMAS PARADE AND TREE LIGHTING
WHEREAS, the City Council of the City of Tulare has approved the route of the Annual Children’s Christmas Parade and Tree Lighting to be held annually on the first Thursday of December from approximately 3 p.m. to 9 p.m., said route to include one block of State Route 137, between K Street and L Street, in the City of Tulare; and WHEREAS, the Annual Children’s Christmas Parade will be conducted in compliance with appropriate City ordinances and other legal permits as may be required.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:

Section 1. The City hereby supports an application by the Tulare Downtown Foundation for an encroachment permit to close and utilize a portion of State Route 137, between K Street and L Street, in the City of Tulare on the first Thursday of December each year from approximately 3 p.m. to 9 p.m. for the Annual Children’s Christmas Parade and Tree Lighting.

PASSED, APPROVED, AND ADOPTED on this 3rd day of October 2023.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk

7.4 Consent Page 2 ATTACHMENT 1
Staff Report
Meeting: City Council
Date: October 3, 2023
Department: Fire
Submitted by: Michael Ott, Fire Chief
Agenda Title: Surplus Outdated Self-Contained Breathing Apparatus (SCBA)

RECOMMENDED ACTION
Adopt a resolution authorizing the surplus of the Fire Department’s SCBAs and donation to Valley Regional Occupational Program (Valley ROP).

SUMMARY
The Fire Department has been fortunate to receive funding from Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant and the City for the replacement of outdated SCBAs. Staff made the purchase and put the new SCBAs in service earlier this year. An evaluation of the old SCBAs was conducted and it was determined that none of the equipment can interface with the new equipment. These old SCBA units have no value to the Department. It is common practice to donate old Fire Department equipment to education programs for their use during training as most of these programs are severely underfunded.

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Resolution
Reviewed/Approved:

Item #: 7.5
Consent

7.5 Consent Page 1
RESOLUTION 2023-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

DECLARING CERTAIN PERSONAL PROPERTY TO BE SURPLUS AND

AUTHORIZING ITS DISPOSITION
BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:

Section 1. The Fire Department’s outdated Self-Contained Breathing Apparatus (SCBA) is hereby declared to be surplus property of the City of Tulare.

Section 2. The Chief Financial Officer (Finance Director/Treasurer), or their designee, of the City of Tulare is hereby authorized to dispose of said property, including by donation to Valley Regional Occupational Program, and to deposit any funds received in the General Fund of the City of Tulare.

PASSED, APPROVED, AND ADOPTED on this 3rd day of October 2023.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk

7.5 Consent Page 2 ATTACHMENT 1
Staff Report
Meeting: City Council
Date: October 3, 2023
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Final Map Acceptance – KCOK 5 & 9

RECOMMENDED ACTION
Conditionally approve the final map and subdivision improvement agreement for Phase 5 and Phase 9 of the KCOK subdivision for recordation, and accept all easements and dedications offered to the City, subject to receipt of the signed final map, all fees, and other required items prior to December 2, 2023.

SUMMARY
Planning Commission Resolution No. 5423 adopted on June 27, 2022, approved the tentative subdivision map for the KCOK 5 & 9 subdivision located on the northwest corner of Morrison Street and the Seminole Avenue alignment. The overall subdivision comprises approximately 126 acres. The proposed subdivision is being developed in phases. The KCOK 5 & 9 subdivision will create 88 single-family residential lots, a park, and associated landscape and lighting district lots.

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.

LEGAL REVIEW
The final map will be reviewed for compliance with applicable legal requirements prior to recordation.

ALTERNATIVE ACTION

1. Approve with changes – Changes would result in delay to the project schedule.

2. Deny – Construction of the proposed single-family residential construction project would not be permitted.

3. Table – The delay resulting from tabling this item could adversely impact the Developer’s construction schedule.

ATTACHMENTS

1. A copy of the Planning Commission Resolution No. 5423

2. KCOK 5 & 9 Subdivision Agreement

3. KCOK 5 & 9 Final Map
Reviewed/Approved:

Item #: 7.6
Consent

7.6 Consent Page 1
RESOLUTION NO. 5423

A RESOLUTION OF THE CITY OF TULARE PLANNING COMMISSION
APPROVING TENTATIVE SUBDIVISION MAP 2O2I-2I- KCOK 5/9 AND CONDITIONAL USE PERMIT NO. 2O2I-22
WHEREAS, the City of Tulare Planning Commission held a regular meeting on June 27,2022 to consider a request by DR Horlon to subdivide approximately 25.87- acres into a 88-lot single family residential subdivision on property located on the northwest corner of Morrison Street and the Seminole Avenue alignment (APN 172-010- 051 and 048 portion); and
WHEREAS, the City of Tulare Planning Commission determined that the proposed subdivision map is consistent with applicable Tulare General Plan; and, WHEREAS, the City of Tulare Planning Commission determined that the design or improvements of the proposed subdivision are consistent with the Tulare General Plan; and,
WHEREAS, the City of Tulare Planning Commission determined that the site is physically suitable for the type of development proposed; and, WHEREAS, the City of Tulare Planning Commission determined that the site is physically suitable for the proposed density of the development; and WHEREAS, the City of Tulare Planning Commission determined that the design of the subdivision or the type of improvements are not likely to cause.substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat; and,
WHEREAS, the City of Tulare Planning Commission determined that the design of the proposed subdivision or the type of improvements will not conflict with easements, acquired by the public atlarge, for access through or use of the property within the proposed subdivision; and,
WHEREAS, an Initial Study was prepared and found that although the proposed project could have a significant effect on the environment, there will not be a significant environmental impact with mitigation measures incorporated; and, WHERBAS, the City of Tulare Planning Commission determined that a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act; and,
Resolution 5423

Page 1 ends

Tentative Subdivision Map- 2021-21 KCOK 5/9
Conditional [Jse Permit No. 2021-22

7.6 Consent Page 2 ATTACHMENT 1
WHEREAS, the City of Tulare Planning Commission considered the proposed Mitigated Negative Declaration and finds that there is no substantial evidence that the project will have a significant effect on the environment with mitigation measures incorporated; and,
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City ot'Tulare makes the fbllowing specific tindings based on the evidence presented

1. That the proposed location of the Tentative Subdivision Map is consistent with the policies and intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance.

2. That the proposed location of the Tentative Subdivision Map and the conditions under which it wouici be buiit or maintained wili not be detrimental to the public health, or welfare, or materially injurious to properties or improvements in the vicinity.

3. That the proposed Tentative Subdivision Map will be in keeping with existing and future land uses on the site.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Tulare makes the additional following specific findings based on the e.ridence presented:
1) That the proposed location of the project is in accordance with the objectives of the ZoningTitle and the purposes of ths District in which the site is located. 2) That the proposed iocation of the use and the conditions under which it would operate or be maintained will.not be detrimental to the public health, safety, welfare or be materially injurious to properties or improvements in the vicinity. 3) That the proposed conciitional use wiil cornply with each of the provisions ol=the ZoningTitle;"
4) That the proposed use is consistent with the Tulare General Plan; 5) That the site for the proposed use is adequate in size, shape and location to accommodate the use the district for which it is proposed; BE IT FURTHER RLSOLVED, that the Plaruring Commission hereby approves Tentative Subdivision Map 2A21-21(KCOK 5/9), and Conditional Use Permit No.202I-22 subject to the following:
1) Final subdivision map Droposed to be recorded shall be in substantial conformance with the approved tentative map.

Resolution 5423
raEe L
Tentative Subdivision Map- 2021-21KCOK 5/9
Conditional Use Permit No. 2021-22

7.6 Consent Page 3
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3)
This approval shall supersede that portion for which the proposed boundaries that overlap the previously approved KCOK 5/9 tentative subdivision map that was approved on January 28,2013.

Applicant to comply with all mitigation measures and mitigation monitoring and reporting program within the Initial Study/Mitigared Negative Declaration prepared for the KCOK 5/9 TSM, General Plan Amendment202l-02, Zone AmendmentT4T and Conditional Use Permit 202t-22.

Recording of the final map is subject to the approval of General Plan Amendment2}zI-}z andZone Amendment No. 747 by the City of Tulare City Council.

Applicant shall comply with Engineering Division, Building Division, and Parks Division comments/conditions (Attachments V, VI, and VII).

Adequate permanent or temporary fire protection facilities as approved by the Fire Chief; shall be installed prior to the issuance of any building permits and prior to the storage of combustible materials on site.

Final acceptance of the tract shall be contingent upon the subdivider providing within and/or outside the tract, drainage disposal facilities, as required to receive drainage and dispose for drainage and storm waters from this tract. Said facilities shall be subject to the approval of the Public Works/Engineering Department.

Six-foot public utility easements shall be granted along all street frontages as required for public utilities.

Final subdivision map shall depict all easements.

Applicant shall establish a landscape maintenance district prior to the recordation of the final map. All landscape plans within the landscape maintenance district shall be consistent with city standards and approved by the Community and Economic Development Director and/or the City Engineer.

Applicant shall record a note on final map indicating that all residential lots are subject to a landscape maintenance district pursuant to the Landscape and Lighting Act.

Applicant shall record a document notif ing homeowners that the subject property is within a landscape maintenance district.

The applicant shall comply with the requirements of the Public Works Director and City Engineer regarding sewage disposal and water supply facilities.

Page 3 ends

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Resolution 5423
Tentative Subdivision Map- 2021-21KCOK 5i9
Conditional Use Permit No. 2021-22

7.6 Consent Page 4
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All lots shall meet the provisions of the appiicable zoning district.

Street names shall be consistent with street naming policy of the City of Tulare and approved by the Street Naming Committee, and subject to approval by the Community & Economic Development Director.

Applicant to record a "Right to Farm" notice on final map.

Applicant shall submit four copies of a landscape and irrigation plan consistent with the City's landscape ordinance for all park and landscaped outlot areas.

A 7-foot tall block wall with backing lot treatment is required along Seminole Avenue and Morrison Street. Final block wall design is subject to the Community& Economic Development Director approval.

The final map shaii waive access rights fbr any property backing onto Seminole Avenue, and Morrison Street.

Applicant to comply with San Joaquin Valley Air Pollution Control District regulations regarding dust control during construction.

Applicant to comply with all pertinent San Joaquin Valley Air Pollution Control District Rules.

Applicant to provide and locate mailbox clusters as approved by the U.S Postmaster, Tulare.

The coniiitions of project approval set forth herein include certain fees, <iedication requirements, reservation requirements, anci other exactions.

Pursuant to Government Code Section 66020(d)(a), these conditions constitute a written notice of the amount of such fees, and a description of the dedications, reservations, and othe.r exactions" The OwnerlDeveloper is hereby notified that the 90-day prol€st period, ccmmencing from the date of approval of the pr.gject, beings as of the date of Planning Commission's conditional appro.ral of the project. If the OwnerlDeveloper fails to file a protest regarding any of the fees, dedication requirements, reservation requirements, or other exactions contained in'this notice, complying with all the requifements of :
,Government:Code Section 66020,the Owner/Eeveloper will be legally barred from iater changing such exactions.

Applicant to provide a retaining wall rvherever adjacent lot grades exceed six inches.

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Resolution 5423
Tentative Subdivision Map- 2021-21 KCOK 5/9
Conditional Use Permit No. 2021-22

7.6 Consent Page 5
Engineering:

The Engineering Division recommends the following Site Plan Review Status for the subject project:
f] Resubmit with the following required revisions to the site plan:

X Proceed and comply with Engineering Conditions of Approval checked below. is ofa
Subdivision Man (Tentative Suh sion of KCOK Ranch). Conditions I
the KCOK Ranch Tentative Subdivision
subdivision.

2. If not previously improved by another phase. the proposed subdivision shall comolete all the imorovements associated with the KCOK Park and KCOK basin. including but not limited to street frontaqe improvements.

3. 12" Master Plan water main shall be ed in Morrison Street and Seminole Avenue.

4. 10" Master Plan sewer main shall be installe{L in Morrison Street and Seminole Avenue.
f] Proceed. No applicable Engineering Conditions of Approval.

General Engineering Conditions:

X m public improvements conditionally required for project approval shall comply with the provisions of Chapter 8.24 "Subdivision Regulations" of the Tulare Municipal Code, the "City of Tulare Design Guidelines and Public Improvement Standards", and all other applicable City policies, specifications, ordinances and standard operating procedures in effect at the time of their construction, unless specifically modified elsewhere in these conditions. These engineering conditions are intended to deal with major issues apparent to the Engineering Division while reviewing this development proposal. Nothing in these conditions precludes the City Engineer from applying other conditions/modifications necessary for good design, operation, and maintenance of existing and future City facilities, as might become apparent during design review andlor construction.

X att required engineering plans and calculations shall be prepared by a registered civil engineer. Any elevations shown on plans required lor the subject development shall be based on the official City of Tulare datum. The Engineer shall provide three (3) copies of each improvement plan set submitted to the City of Tulare for checking.

All public improvements shall be on 24" x 36" sheets, in a plan/profile format at a scale of 1":50'or larger. Plivate on-site improvements may be plan-view only Resolution 5423

Page 5 ends

Tentative Subdivision Map- 2021-21 KCOK 5/9
Conditional Use Permit No. 2021-22

7.6 Consent Page 6
format, and may be on sheet sizes consistent with the rest of the on-site construction plans.

X Following approval of the improvement plans, the Developer's Engineer shall provide the City of Tulare with an AutoCAD drawing file of the approved plans.

This shall be done prior to scheduling any pre-construction conferences or commencing construction of any improvements. Following the recordation of a Notice of Completion for the project, the l)eveloper's Engineer shall provide the City of Tulare with an AutoCAD drawing file showing all As-Built revisions approved by the City and incorporated into the construction of the project improvements.

X prior to the start of construction, a meeting will be called by the City Engineer with the Owner/Developer, Contractor and all concerned including utility companies to coordinate and schedule work in order to avoid all possible delays due to conflicts of operation.and to guarantee that all City".requirements are.met. The Contractor shali perform no construction in the field until after this meeting.

Applicant shall obtain a Street Closure Permit from the City. A traffic control plan prepared by a registered civil engineer, traffic engineer or traffic control specialist shall be submitted with the Street Closure Permit application, and will be subject to the approval of the City Engineer prior to application approval.

Required Data" Studies and Master Plan Documents:

X fne Owner/Developer shall submit a preliminary soils report for structural foundation, which shall be prepared by a Registered Civil Engineer based upon adequate soil test borings. Said report shall be submitted to the City Engineer or Chief Building Official.

X fne Owner/Developer shall have the soils investigated and make recommendations as to the correct method of trench backfill for the soils encountered in the subdivision so as to,assure:9AYa relative compaction between the select bedding around the pipe to within 2 feet of the subbase. The top 2 feet shall be cornpacted io 95Yo relative compaction. Compaction tests are required on all trenches and street subgrades. All soils tesiing shall be performed at the sole cost of the Ownet-/Developer. The Owner/Developer shall establish an account with a licensed and certified soil-testing firm acceptable to the City Engineer prior to the start of construction for compaction testing of trench backfill and fills. The City shall order and direct all compaction tests.

X R-Value tests shall be taken for the design of all pavernent areas to be constructed by this project. The spacing of said R-Value tests shaii not be more than 400 feet apart, per linear foot of paving.
ffi Percolation tests are lequireci fbr the design of new drainage basin {acilities, or the expansion of existing drainage basin facilities.

Resolution 5423
ra8,e o
Tentative Subdivision Map- 2021-21KCOK 5/9
Conditional Use Permit No. 2021-22

7.6 Consent Page 7
Project trip generation data based upon the ITE Trip Generation Manual is required.

A Transportation Impact Study identifying the project impacts and proposed mitigation measures may be required as a condition of project approval, and shall be subject to the approval of the City Engineer. Traffic impact studies shall conform to current CEQA "state of the practice" standards, the Caltrans "Guide For The Preparation of Traffic Impact Studies", and City of Tulare General Plan requirements.

Traffic impact studies shall address provisions for pedestrian, bicycle and transit access to the project. In evaluating project impacts to existing roadway facilities, traffic impact studies shall utilize the current transportation modeling forecasts provided by the Tulare County Association of Govemments (TCAG), and shall specifically address the project impacts and any appropriate mitigations to facilities identified by the City Engineer.

X a Transportation Impact Study (TIS) identifying the project impacts and proposed mitigation measures shall be submitted to the City for review, and shall be subject to the approval of the City Engineer. The TIS shall conform to current CEQA "state of the practice" standards, the Caltrans "Guide For The Preparation of Traffic Impact Studies", and City of Tulare General Plan requirements. The TIS shall address provisions for pedestrian, bicycle and transit access to the project. In evaluating the project's impact to existing roadway facilities, the TIS shall utilize the current transportation modeling forecasts provided by the Tulare County Association of Governments, and shall specifically address the project impacts and any appropriate mitigations to the following facilities:

1. Intersections, (including lane geometry and turn pocket lengths):
o Intersection of Seminole Avenue & Mooney Boulevard.
o Intersection of Prosperity Avenue & Moone)'Boulevard. o Intqrsection of Prosperity Avenue & Morrison Street.

Intersection of Tulare Avenue (State Route I3T & Morrison Street.

Anv additional location required by Caltrans or the County of Tulare.

3. Other:
ffi Compaction tests are required on all street subgrades, and at utility trench crossings of curb, gutter and sidewalk. All soil testing shall be performed at the sole cost of the Owner/Developer.
ffi Master Plan drawings are needed for: [] Water, X Sewer, X Storm Drain, ffi Streets
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7.6 Consent Page 8
Rieht of Way Requirements
X any work to be done within the City street rights-of-way requires an encroachment permit issued by the Engineering Division, and shall be done under the inspection of the City Public Works Inspector. Ali contractors working within City street rights-ofway shall possess a valid City of Tulare business license. Separate encroachment permits are also required from the following agencies for work within their rights-ofway or on their facilities: f, County of Tulare:
-,
I State:
-,
I
Tulare irri gation District.

X fne following right-of-way dedications are required for street/alley purposes a. 20'property comer radius: As required to comply with City standard b. Chamfer property comer: as re,quired,to comply,with.City standard c. Alley
d. Street: As required to comply with City standards and the approved street cross sections. Rieht-of-way shall be dedicated for a future roundabout at the intersection of Seminole Avenue and Morrison Street.
f Waiver of direct access rights is required at the following locations:
ffi Easements will be required for all public utilities to be located outside of dedicated rights-of-way. Six-foot public utility easements are required along all street frontages, unless otherwise waived by the City Engineer. Additional easements may be required for ingress/egress, drainage, or shared trash enclosures.

Final Man Requirements
ffi Submit to the City of Tulare a title report {br the parcel(s) to be developed.

X Submit closures and tabulation of areas (square feet) of all lots within the subdivision A blue line area shall also be submitted.
ffi Provide the City of Tulare with three (3) prints of the final map of the subdivision, and three (3) prints of the improvement drawings for final checking. ffi Following the approval of final subciivision or parcei maps, the Developer's Licensed Surveyor or Engineer shall provide the City of Tulare with an AutoCAD drawing file of the approved final map, or GIS Shapefile for the related parceis inciuded on said final map.

X a City Clerk's Certificate is required on the final map for required dedications.

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X A Public Works Certificate required on the final map if improvements are not constructed prior to recordation. This provision would require an engineer's estimate and an improvement security.

Roadwav Improvements
ffi Street design shall conform to City of Tulare Design Guidelines and Public Improvement Standards The structural section design for new roadways and pave-out areas shall be based upon the results of R-Value tests at locations approved by the City Engineer, and the design criteria provided below. Minimum structural sections allowed shall be per the City of Tulare Design Guidelines and Public Improvement Standards:

Roadway Classification
Traffic
lndex
Paved Width
(curb face to
curb face)
a)
b)
c)
Morrison Street
Seminole Avenue
Local Streets
Collector
Collector
Local

6.5 6.5

5.0 48 ft
48ft
36 ft
ffi Construct full pave-out width from lip of gutter to the existing edge of pavement on the following existing roadways impacted by the development is required: Morrison Street.
ffi Reconstruct/rehabilitate the following existing roadway segments impacted by the development in accordance with methods to be approved by the City Engineer:

Morrison Street.
ffi Provide stabilized shoulders along the following existing roadway segments in accordance with the City of Tulare's adopted PM-10 control guidelines: Morrison Street.
[] Backing lot treatment with common area landscaping, irrigation and block wall improvements shall apply to the following frontages: Seminole Avenue. Morrison Street. and Castle Rock Avenue.

Install median improvements per the requirements of the City Engineer within the following existing roadway segments impacted by the development: _. [] Provide pavement transitions from existing roadway cross-sections to new roadway cross-sections per the requirements of the City Engineer at the following locations:

Morrison Street.

Resolution 5423

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ffi Curb and Gutter - Existing curb and gutter to remain shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, Owner/Developer shall be required to replace any existing improvements that are determined to be non-compliant with regard to current City standards, or to be otherwise defective. Examples of deficiencies include, but are not limited to, slopes that exceed accessibility standards, cracked or raised concrete, and lack of truncated dome panels. New City Standard curb and gutter shall be constructed as indicated below.

Street Frontaqe(s) Confiquration
Morrison Street, Seminole Avenue, and Local Streets Barrier Curb f, Construct City standard cross gutter at the following locations:
ffi Driveway Approaches - Existing driveway approaches to remain shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, Owner/Developer shali be required to replace any existing improvements that are determined to be non-compliant with regard to current City standards, or to be otherwise defective. Examples of deficiencies include, but are not limited to, slopes that exceed accessibility standards, cracked or raised concrete, and lack of truncated dome panels. New City Standard driveway approaches shall be constructed as itrdicated below.

Street Frontaqe(s)
City Standard residential drive approaches, one per lot. [l Sidewalks - Existing sidewalk to remain shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, OwnerlDeveloper shall be required to replace any existing improvements that are determined to be noncompliant with regard to current City standards, or to be otherwise defective.

Examples of deficiencies include, but are not lirnited tc, slopes that exceecl accessibility standards, and cracked or raised concrete. New City Standard sidewalk shall be ccnstructed as indicated belorv. For adjacent sidev,'alk pattem, side';ralk shall transition behind driveway approaches and maintain a minimum width of 4 feet while doing so.

Street Frontaqe Confiquration Sidewalk Width
(f!)
Seminole Avenue Parkway Pattern 6ft
Morrison Sireet Class 1 Bike Path 12ft
Localstreets Adjacent to Curb 5ft
ffi Ramped Curb Returns - Existing ramped curb returns to remain shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, Resolution 5423
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Owner/Developer shall be required to replace any existing improvements that are determined to be non-compliant with regard to current City standards, or to be otherwise defective. Examples of deficiencies include, but are not limited to, slopes that exceed accessibility standards, cracked or raised concrete, and lack of truncated dome panels. New City standard ramped curb returns and/or pedestrian ramps shall be installed at the following locations:

Alley Improvements - The following alley improvements are required:

1. Construct vee gutter at the following locations:

2. Construct ADA compliant alley approach at the following locations: _

3. Other:
ffi Street monuments - Street monuments shall be installed at locations as required by the City Engineer.

X] Temporar], Turnarounds - Turnarounds are required at all dead end or stubbed streets, except where refuse pickup on lot frontages does not require the refuse collection vehicle to back up. Grants of easement shall be provided to the City of Tulare for all temporary turnaround locations.
f Damage to Existing Street Improvements - If work by the Owner/Developer or his contractors render any existing City street to be in a condition unacceptable to the City Engineer, or his authorized representatives, said street must be restored to a condition as good as or better than before the development's construction activities began. Said repair work must be completed within 2 weeks of the damage having occurred, or in accordance with a schedule authorized by the City Engineer.

Thenceforth, the Owner/Developer shall maintain the street in its repaired state for the duration of the development's construction activities.

X Street Liehts - Street lights shall be owned and maintained by Southern California Edison, and shall be installed at locations designated by the City Engineer per the City of Tulare Design Guidelines and Public Improvement Standards. Luminaires shall be LED fixtures mounted on standard concrete marbelite poles, and shall comply with the following general requirements:

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Location Confiquration
At all local street intersections 20 ft Radius
NW corner of Morrison Street and Seminole Avenue 30 ft Radius

7.6 Consent Page 12
Roadway
Classification Wattage
Color
Rating
(kelvin)
Minimum
Lumens
Mounting
Height
Mast Arm
Length
Local Streets 31 Watt 4,000 4,000 26 feet 6 foot
Collector
Streets
39 Watt 4,000 5,000 26 feet 8 foot
Minor
Arterial
Streets
39 Watt 4,000 5,000 32 feet 8 foot
Arterial
Streets
71 Watt 4,000 B 500 32 feet B foot
Traffic Signal 4,000 15,000 Varies Varies
ffi Traffic Control Devises - Street name signs, traffic control signs, pavement cielineation and/or pavement markings shali be instalied as required by the City Engineer.
f, Traffic Calming Measures - The proposed development shall incprporate the following traffi c calming measures:
ffi.Bicycle" and.Ped.estrian Facilities - The.proposed development "shall ineorporate the following bicyele/pedestrian facilities: Class 2 Bike Lane on Seminole Avenue.

Transit Facilities - The proposed development shall incorporate City standard bus tumout(s) at the following location(s):

Grading Requirements -.

X,e gradingldrainage plan prepared by a ,Registered Civil Engineer or.;Licensed Architect an<i subject to approvai by the City Engineer shaii be submitted. ,The pian shall include existing and proposed contours, and detail the means of collection and disposal of storm water runoff from the site and adjacent road .frontages in such a manner that runoff is not diverted to adjacent property. On-site retention of storm water runoff is ffi required f] not required.

A letter verifying that lot gradins was completed according to the appioved grading / be ar\c ^n^ Ci
and the o an
notice of for
shall affix their stamp and seal to the letter.

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ffi fne maximum slope adjacent to the back of any public sidewalk shall not exceed 5:l for the first 5 feet. For Landscape and Lighting Act District parcels, the maximum slope between the back of the sidewalk and the wall or fence shall not exceed l0:1.

Utilify Improvements
X att utility services to be located within paved areas shall be placed in the streets prior to paving.

X fne Owner/Developer must make provisions for the installation of a gas distribution system in all streets and at the sizes determined by the Southern California Gas Company.

X aU costs associated with the removal, relocation and undergrounding of utilities as necessary to accommodate installation of the required public improvements shall be the responsibility of the project. All utility lines, including but not limited to electric, communications, street lighting and cable television, shall be required to be placed underground in accordance with Section 8.24.500 (M) of the City of Tulare Municipal Code. The cost of such relocations and undergrounding shall be included in the bonding provided for the project. The following streets have above ground utilities that will need to be undergrounded:

Street Location
Morrison Street Project frontage.

Water System Requirements
ffi Water main alignments shall be 6 feet south and/or west of street centerline unless otherwise approved by the City Engineer. The proposed development shall be responsible for the following water main extensions and connections: _ ffi Pressure, leakage, and purity tests are required on all City water system installations at the sole cost of the Owner/Developer.

X fire hydrants and fire suppression systems shall be provided as required by the City of Tulare Fire Marshall. The proposed development shall demonstrate that sufficient flows are available to support the required improvements. All points of connection to the Citv water svstem are subiect to the approval of City Ensineer.

X fne proposed development shall install water services with back flow devices, as approved by Plaruring and Building. Water sizing calculations shall be provided at time of building permit application. Domestic and landscaping services shall be separate metered serices using the make and model of meter specified by the City of Resolution 5423
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Tulare Public Works Department. No substitutions are allowed. All R-M-2 lots shall require individual water services (1 y"'minirnum) with meter boxes. fwatersamplingstationsshallbeinstalledasfo1lows:olelqc@ by the City Water Superintendent.

X Existing water wells shall be abandoned, filled and sealed in accordance with applicable City, County of Tulare, and State of California standards.

Sewer Svstem Requirements
ffi Sewer main alignrnents shall be 11 feet north andlor east of street centerline unless otherwise approved by the City Engineer. The proposed development shall be responsible for the following sanitary sewer main extensions and connections:

X fne proposed development shall connect to City sewer. If service fiom an existing lateral is proposed, said lateral shall be exposed for inspection by the Public Works Inspector and upgraded to current City standards if found to be broken or substandard.

X att sewer lines shall pass both mandrel and air pressure testsl and shall be'subject to video inspection by the City. The cost of one video inspeition of the Development's entire sewer line improvements shall be paid prior to recordation of the final map at the rate established at the tirne'of:recordation of the final mapr " The cost of any additional video inspections required shall be paid at the rate established at the time of inspection.
tr a sewer monitoring station, oiVsand/water separator and/or grease'interceptor shall be installed as required by the wastewater manager.

X,Existing septic tanks shall be abandoned, filled and sealed in accordance with applicable City,,County of Tulare, and State'of California standards.

Storm Draiirage System Reguirements
ffi Storm drain alignments shall be 6 feet north andior east of street centerline unless otherwise approved by the City Engineer. The proposed development shall be responsible for the following storm drain line extensions and connections: , X att storm drain lines shall be subject to video inspection by the City. The cost of one video inspection of the Development's entire storm drain line improvements shall be paid prior to recordation of the final map at the rate estabiished at the time of recordation of the final map. The cost of any additional video inspections required shall be paid at the rate established at the time of inspection. raH,erf
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f ,andscaninq an dParks Reouirements
X a landscape & irrigation master plan for all phases of the subdivision shall be submitted with the initial phase to assist City staff in the formation of the Landscape & Lighting District. The landscape & irrigation master plan shall be approved by the Director of Parks and Community Services a minimum 75 days before approval of the final map or approval of the improvement plans (whichever comes first).

X a Landscape & Lighting District will maintain common area landscaping, common area irrigation systems, common area block walls, street trees, street lights and local street maintenance. The Owner/Developer shall submit a completed Landscape & Lighting District application and all necessary calculations and supporting documentation for the formation of a the district a minimum of 15 days before approval of the final map or approval of the improvement plans (whichever comes first). Dedication to the City is required for all landscape and common area lots to be maintained by the Landscape & Lighting District.

On-site Improvements
On-site A.C. pavement design shall be based upon the results of "R" Value tests at locations approved by the City Engineer, and the following minimum traffic index requirements: 4.5 for parking areasltravel lanes and 5.0 for truck routes (including path of travel of solid waste collection vehicles).

All on-site water, sewer, and storm drain shall be privately owned. All City owned water meters shall be located within the City's ROW.

All unused culverts and irrigation lines shall be abandoned and plugged in a manner acceptable to the City Engineer.

A trash enclosure is required and shall be shown on the improvement drawings. The type, location and orientation of the enclosure shall be subject to the approval of the Solid Waste Division Manager. For doublewide enclosures, separate bins are required for solid and recyclable waste, and identification signing shall be posted adjacent to all points of direct access. The wording of the signing shall be clear and concise, and shall identi$' all materials accepted in the recycling bin.

A landscaping plan subject to the review and approval of the Planning and Building Divisions shall be provided. Approval of the landscaping plan is required prior to approval of engineering improvement plans by the City Engineer. All existing trees that conflict with proposed improvements shall b.e removed to a depth of two (2) feet below proposed finish grade.

If applicable, existing irrigation ditches and/or canals shall be piped, developed into a trail, or relocated outside the project boundaries per the direction of the City Engineer Resolution 5423
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and affected irrigation district. Related irrigation facilities shall be subject to the same requirements for piping or relocation.

In conformance with the City of Tulare's adopted air pollution control measures, a sign instructing delivery vehicle drivers to turn off their vehicle's engine while making deliveries shall be prorninently posted at the location where deliveries are received.
ffi Fugitive dust shall be controlled in accordance with the applicable rules of the San Joaquin Valley Air Pollution Control District's Regulation VIII. Copies of any required permits will be provided to the City.

X lf the project requires discretionary approval from the City, it may be subject to the San Joaquin Valley Air Pollution Control District's Rule 9510 Indirect Source Review per the rule's applicability criteria. ,A, copy of the approved ,A.IA application shall be provided to the City.

X If the project meets the one acre of disturbance criteria of the States Storm Water Program, then coverage under General Permit Order 2009-0009-DWQ is required and a Storm Water Pollution Prevention Plan (SWPPP) is required. A copy of the approved permit and the SWPPP shall be provided to the City. When construction activities are not covered under the General Permit, storm water pollution control shall be implemented per the requirements of the City's Municipal Separate Storm Sewer System (MS4) permit.

X fn" conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Govemment Code Section 66020(d)(a), these conditions constitute a written notice of the amount of such fees, and a description of the dedications, reservations, and other exactions.

The OwnerlDeveloper is hereby notified that the 90-day protest period, commencing frcim the date of approval of the project, begins as of the date of Planning CommisSion's conditional approval,of the project. If the Owner/Developer fails to file a protest regarding any of the fees, dedication requirements, reservation requirements, or other exactions contained in this notice, complying with all the requirements of Government Code Section 66020, the Owner/Developer wili be legally barred from later challenging such exactions.

Oversize Construction
X fne conditions of project approval require the construction of facilities which have been designated as "masterplan facilities" by the City Engineer, and as such the Owner/Developer may be eligible to receive reimbursement for oversized constrr:ction costs in accordance with Chapter 8.64 "Oversized Construction Reimbursement" of the Tulare Municipal Code, and the oversized construction reimbursement policies of the Engineering Services Deparlment. Eligibility for any reimbursement of oversized construction costs is subject to the City Engineer's Resolution 5423
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review and approval of costs prior to installation. Within 90 days following the notice of completion of the project, the Owner/Developer shall file with the City Engineer a financial statement, in the form specified by the City Engineer, stating and supporting the cost of constructing the oversize improvements. If the financial statement is not filed within this time period, the Owner/Developer shall not be eligible for any reimbursements. Oversize payments will be made in accordance with a separate oversize reimbursement agreement to be executed after completion of all subdivision improvements. Payment will be subject to the availability of funds.

Fees
All applicable City fees shall apply unless specifically waived or modified elsewhere in these conditions. All fees shall be based on the current fee schedule in effect at the time of final map recordation or upon the date of issuance of other discretionary permit, whichever is applicable. These fees include, but are not limited to:

I Sewer front foot charges of $ 26.00 per front foot for frontages on _.

D Sewer lift station fee of $ per acre.

I Water front foot charges of $ 17.50 per front foot for frontages on _.
f Street front foot charges of $ _ per front foot for frontages on _.
ffi Benefit district creation fee (if applicable): $ 1.356.00 per district. f, Traffic signal in-lieu fee of $
TID ditch piping inlieu fee of $
Sewer main construction in-lieu fee of $
I Water main construction in-lieu fee of $
f Street construction in-lieu fee of $ _ n
ffi Engineering inspection fee based on a percentage of the estimated cost of construction is required prior to the construction of the improvements.

I Development impact fees to be paid with building permit at rates in effect at time of permit issuance.
[] Engineering plan check fee to be paid at time of plan submittal.

X Final map plan check fee to be paid at time of map submittal.

I other:

Buildine
Lot Drainage shall comply with CBC 1804.4 or CRC R401.3 and finish floor elevarion shall comply with CBC 1808.7.4 or CRC R 403.1.7.3.

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Parks
The main objectives of the City of Tulare's Landscaping Ordinance include conserving water through the selection of plants consistent with Tulare's Mediterranean climate; design of water efficient landscapes; and to enhance the aesthetic appearance of the city by promoting development that is well landscaped, properly irrigated and effectively maintained.

All projects that require a landscaping and irrigation plan pursuant to Chapter 10.196 of MC shall comply with the following development standards:

GENERAL STANDARDS:

All landscape development over 500 square feet (new) or 2,500 square feet (rehabilitated) that requires a permit, pian check or design review shall meet the water efficiency and site design requirements detailed in cther sections cf the Landscape Ordinance Chapter

10.196 of the Municipal Code. The pro.ject applicant, and owner (if different) shall sign the Landscape Documentation Package as required in $ 10.196.060(BXlXi).

Elements of the Landscape Documentation Package:
(A) Projects 2.500 square feet and less: Projects 2,500 square feet and less may comply with the requirements of this chapter by conforming to the prescriptive measures.

Compliance vrith all of the items is mandatory and must be docurnented on a landi;cape plan in order to use the prescriptive compliance option. (B) Any proiect includine all projects over 2.500 square feet:

Documentation Package shall include the following six elements:

The Landscape

1. Project information;
") Date;
b) Project applicant;
c) Project address (if available, parcel aiid/or iot number(s)); d) Total landscape alea (square feet);
e) Project type (e.g., new, r'ehabilitated, public, private, cemetery, homeowner-instal led) ;
0 Water supply type (e.g., potable, recycled, weil) and identifu the iocal retail water purveyor;
g) Checklist of all documents in Landscape Documentation Package; h) Project contacts to include contact inflormation for the project applicant and property owner;
i) Applicant signature and date with statement, "i agree to compiy with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package."
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2. Water Efficient Landscape Worksheet;
a) Hydrozone information table.
b) Water budget calculations.
i. Maximum applied water allowance (MAWA)
ii. Estimated total water use (ETWU).

3. Soil management report;

4. Landscape design plan;

5. Irrigation design plan; and

6. Grading design plan.

Landscape and irrigation plans for individual residential lots are to be submitted to the Building Department along with building permit submittals for review and approval.

Attachment "A" are copies of the landscape prescriptive compliance and sample landscape plan and water calculation sheets. A complete copy of the City's landscape standards may be viewed on-line at www.tulare.ca.gov.

ADDITIONAL REQUIREMENTS :

Landscape and irrigation plans for all area landscane out lots shall be master planned (including size and points of water service connection, booster pump location, mainline size and sleeve locations) and shall be submitted as part of the subdivision Master Utility and Street Plan submittal.

All landscaping on city-owned property shall conform to City landscaping and irrigation standards including the City of Tulare Community Services Department (Parks, Recreation and Library Division) Improvements Standards; area specific plans and other applicable documents.

The maintenance and upkeep of all proposed Outlots and Park are to be part of the Landscape and Lighting District that shall be formed in conjunction with this subdivision.

It is recommended that the proposed park area be developed as at-grade open space with an ADA compliant walking path around the perimeter.

Proposed park and proposed Outlots shall be separated from adjacent residential lots by a block wall, subject to applicable zoning height restrictions.

Proposed Park is not eligible for Park Development Impact Fee credits and shall be constructed as part of the proposed subdivision.

Proposed Park amenities shall include but not limited to turf, drought tolerant trees and landscape plantings, 6 ft. wide ADA compliant walking path with low Resolution 5423
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a
J
4 5
6 7.6 Consent Page 20
7 8
level lighting, ADA compliant play equipment, multiple benches, Mutt Mitt Dog Bag Dispenser/s and trash receptacles.

All Outlot landscape and inigation improvement plans shall be reviewed and approved by the Community Services Director and/or the Parks Manager, and City Engineer.

Prior to the start of construction of landscape and irrigation improvements on all Outlots, a meeting will be held by the Community Services Director andlor Parks Manager with the Subdivider and Contractor to coordinate and schedule work in order to avoid all possible delays due to conflicts of operation and to guarantee that all City landscape and inigation requirements are met. The Contractor shall perform no construction in the field until after this meeting. Contractor shall contact the Parks Division no less than 24 hours to schedule any inspections such as irrigation, piant material, planting, and playground inspection. 9 All common area landscaping and irrigation areas, Outlots and Park shall be subject to a l2-month maintenance period after the Notice of Completion has been issued.

PASSED, APPROVED AND ADOPTED this twenty-seventh day of June.

MbV the folloWing recorded vote:

AYES:

NOES
ABSENT:

ABSTAIN

CHUCK MIGUEL, CHAIRMAN
City of Tulare Planning Commission

TRACI MYERS, SECRETARY
City of Tulare Planning Commission
Resolution 5423
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Subdivision Improvement Agreement 1
Final Map of <Insert Project Name>
RECORDING REQUESTED BY:

City of Tulare
WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 E. Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,

NO RECORDING FEE REQUIRED
In the matter of the Approval of )
The Subdivision Map of ) AGREEMENT AND UNDERTAKING FOR
KCOK Ranch No. 5 & 9, in the ) INSTALLATION AND CONSTRUCTION City of Tulare, County of Tulare, ) OF SUBDIVISION IMPROVEMENTS State of California )

SUBDIVISION AGREEMENT
FINAL MAP OF KCOK RANCH NO. 5 & 9
THIS AGREEMENT is made this ______ day of _____________________ 20___, by and between the City of Tulare, a Municipal Corporation and Charter City, hereinafter referred to as "City," and SFT CAPITAL LP, A California Limited Partnership, By: AHA Development Group, Inc., A California Corporation, Its General Partner located at 20331 Irvine Avenue, Suite E-2, Newport Beach, CA 92660, hereinafter referred to as "Subdivider" without regard for number or gender, and is effective the date first appearing on the Clerk’s Certification hereafter.

RECITALS
A. Subdivider has filed with City a Final Map proposing the subdivision of land owned by Subdivider and located within the City of Tulare (hereinafter “Subject Property”) as follows:

PARCEL ONE:

PARCEL 4 AS SHOWN ON THE MAP ENTITLED “PARCEL MAP 5342”, FILED ON NOVEMBER 9, 2021, IN BOOK 54 OF PARCEL MAPS, AT PAGE 50, TULARE COUNTY RECORDS.

EXCEPTING THEREFROM 1/2 OF ALL OIL, GAS, HYDROCARBON SUBSTANCES AND

MINERAL RIGHTS BY QUITCLAIM TO NANCY L FARRAR, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY, RECORDED DECEMBER 8, 1998, FILE NO. 1998-0091006, OF OFFICIAL RECORDS, TULARE COUNTY RECORDS.

PARCEL TWO:

THE REMAINDER PARCEL AS SHOWN ON THE MAP OF KCOK RANCH, NO. 2B, FILED JULY 27, 2022, IN VOLUME 44 OF MAPS AT PAGE 95, TULARE COUNTY RECORDS.

EXCEPTING THEREFROM 1/2 OF ALL OIL, GAS, HYDROCARBON SUBSTANCES AND

MINERAL RIGHTS BY QUITCLAIM TO NANCY L FARRAR, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY, RECORDED DECEMBER 8, 1998, FILE NO. 1998-0091006, OF OFFICIAL RECORDS, TULARE COUNTY RECORDS.

B. City requires as a condition precedent to the acceptance and approval of the Final Map, the dedication of certain streets, highways, public ways, and easements, as identified on the Final Map. City deems

7.6 Consent Page 22 ATTACHMENT 2
Subdivision Improvement Agreement 2
Final Map of <Insert Project Name>

said dedication(s) necessary for the public use. Additionally, City requires that Subdivider make improvements to said dedicated property, as more specifically described below.

C. Subdivider desires and agrees to complete the improvements required by Resolution 5423 for TENTATIVE SUBIVISIOIN MAP 2021-21 KCOK 5/9 AND CONDITIONAL USE PERMIT NO 2021-22 dated June 27, 2022 and any amendments thereto, hereinafter referred to as “Conditions of Approval,” within the time hereinafter specified.

D. Subdivider hereby warrants that any and all parties having record title interest in the Final Map have subordinated their interest and all records of subordination, if any, are attached hereto and made a part of this Agreement.

AGREEMENT
In consideration of the acceptance of the offers of dedication as shown and delineated on the Final Map, and in consideration of finding of substantial compliance with said [Vesting] Tentative Map, Subdivider and City hereby mutually agree as follows:
1) Time for Performance. The improvements required by the Conditions of Approval shall be completed within one year following the effective date of this Agreement. Subdivider shall automatically receive one extension of twelve (12) months if the Subdivider complies with the following:
a) At least thirty (30) calendar days before the original one-year deadline for completion of improvements, the City Engineer receives a written extension request from the Subdivider. b) If required by the City Engineer, provide additional performance and payment security to address construction cost increases due to inflation. Construction cost increase will be based upon Construction Price Index figures published by Engineering News-Record. The additional security shall be supplied to the City Engineer within twenty (20) calendar days from the date the City Engineer notifies Subdivider of the additional security amounts. 2) Failure to Perform. If all required improvements are not made to the satisfaction of the City Engineer within twelve (12) months of the date of this Agreement, or within twenty-four (24) months if an extension was granted, the City of Tulare may exercise its right to proceed against the bonds. 3) Incorporation of Improvements. The work depicted or required on the improvement plans for the Final Map, which may include plans relating to sewer, water, streets, storm drainage, street lighting, landscape and irrigation, grading, traffic signal plans, etc., as well as those required by Conditions of Approval (hereinafter “Improvements”), are incorporated by reference and made a part of this Agreement.
4) Compliance with Standards and Regulations. All Improvements shall be completed in accordance with the City of Tulare Design Guidelines and Public Improvement Standards (City Council Resolution No. 16-58) and any amendments thereto, and shall comply with all applicable federal, state, and local laws.
5) Costs. All Improvements shall be completed at the sole cost and expense of Subdivider. The construction cost estimates, and corresponding security requirements for these Improvements, are set forth in Exhibit "A".
6) Requirements for Building Permit Issuance.
a) No building permit shall be issued for any lot of the Subject Property until the following minimum

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Subdivision Improvement Agreement 3
Final Map of <Insert Project Name>

required improvements have been fully constructed and have passed inspection to the satisfaction of the City Engineer, except as allowed by the City’s Model Home Policies:
i) Curb and gutter,
ii) Street base rock placed in accordance with the approved improvement plans to provide accessibility for inspectors and emergency responders,
iii) Fully functional water mains, fire hydrants, and service connections, iv) Fully functional sanitary sewer mains and laterals, iv) Fully functional storm drainage lines and facilities, v) All lots graded in accordance with the approved drainage plan, with a letter subject to City Engineer’s approval provided by the Subdivider’s licensed engineer or surveyor verifying same, and
vi) All lot corners marked.
b) If a Notice of Completion has not been filed for the required Improvements within the time limits outlined in this Agreement, no additional building permits shall be issued until said Notice has been filed, or a new subdivision improvement agreement extending the timeline for completion has been approved by the Tulare City Council.
7) Requirements for approval of Certificates of Occupancy. No Certificates of Occupancy shall be approved by the City for any building permit issued on any lot of the Subject Property until the following requirements are satisfied:
i) The requirements of section 6, subsection (a), above have been satisfied, and ii) all public safety items have been completed, including, but not limited to: signage, street paving, pavement markings, street lighting, and drainage basin fencing. 8) Estimate Reimbursements for Certain Improvements. In connection with the amounts set forth in Exhibit “A”, City has made its best faith efforts at predicting the amounts to be credited as reimbursements for Improvements that will benefit other properties. Subdivider agrees these figures represent City’s best estimates only and they are subject to fluctuation following calculation of actual construction costs after improvement completion and acceptance. Payment of fees and fee credits shall be made at the rates and amounts established by the Tulare Municipal Code and Master Fee Schedule. The estimated reimbursement amounts, fees, and charges are more particularly itemized and made a part of this Agreement in the attached Exhibit “B”. 9) Fee Credit Adjustments. Subdivider may receive designated fee credits from City as an offset toward any development impact fee(s). Subdivider acknowledges and agrees any such fee credits are provided contingent upon City accepting required infrastructure improvements completed by Subdivider. Until then, Subdivider shall have no right to any portion of any fee credit. Upon adjustment, Subdivider shall pay all outstanding development impact fees prior to approval of the final map or as otherwise mutually agreed in writing. If the final map has already been approved all such fees shall be promptly paid by Subdivider, unless otherwise mutually agreed upon in writing. City may enforce recovery of such fees in any manner available at law or in equity. 10) Security. Prior to the approval by the Tulare City Council of the Final Map, Subdivider shall furnish to City the following improvement securities in the amounts set forth in Exhibit “A”. Bonds shall be by one or more duly authorized corporate sureties licensed to do business in California subject to the approval of City and on forms furnished or approved by City. a) Performance Security. The total amount shall equal 100% of the total Cost Estimate, as specified

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Final Map of <Insert Project Name>

in Government Code 66499.3 (a) and approved by the City Engineer, to be conditioned upon the faithful performance of this Agreement. Performance Security shall be in the form of a bond naming the City of Tulare as oblige, or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. Upon written request from the Subdivider, partial releases of the Performance Security may be authorized by the City Engineer to reflect satisfactory completion of required improvements. Partial releases shall be limited to a maximum of 90% of the value of the completed improvements, and shall in no event result in the overall release of more than 90% of the value of the total Cost Estimate. The Performance Security will be released in its entirety upon the City’s recordation of a Notice of Completion for the subdivision improvements, provided that a maintenance surety of not less than 10% of the value of the public improvements is provided to the City to guarantee replacement and repair of the public improvements for a period of one (1) year after the recording date.
b) Payment (Labor and Materials) Security. The total amount shall equal 50% of the total Cost Estimate, as specified in Government Code 66499.3 (b) and approved by the City Engineer, to secure payment to all contractors and subcontractors performing work on said Improvements and all persons furnishing labor, materials or equipment to them for said Improvements. Payment Security shall be in the form of a bond naming the City of Tulare as obligee, or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. No reduction in Payment Security shall be allowed prior to the City’s recordation of a Notice of Completion, and prior to the passage of the time within which claims of lien are required to be recorded as stipulated in Government Code Section 66499.7 (h). 11) Damage Prior to Final Acceptance. Any damage to the improvements occurring prior to final acceptance by the City shall be repaired or replaced by Subdivider before any securities are released.

Final acceptance by City shall not occur until damage has been repaired to prior and agreed upon condition.
12) Remedy of Defects. Subdivider shall remedy any defective work, labor or materials related to the Improvements, and shall pay City for any damage to the Improvements resulting therefrom, which occur within a period of one year from the date of final acceptance of the Improvements by City. Prior to final acceptance of the Improvements by City, a warranty/maintenance bond or certificate of deposit shall be provided by Subdivider, as shown in Exhibit “A”, and shall be released one year following final acceptance, less any amount required to remedy defective work. 13) Indemnification. Subdivider shall be obligated as follows:
a) To the furthest extent allowed by law, Subdivider shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time, and property damage) incurred by City, Subdivider or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees, litigation and legal expenses incurred by City or held to be the liability of City, including plaintiff’s or petitioner’s attorney’s fees if awarded, in connection with City’s defense of its actions in any proceeding), arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement; (iii) the performance or installation of the Improvements by Subdivider and Subdivider’s employees, officers, agents, contractors or subcontractors; (iv) the design, installation, operation, removal or maintenance of the work or Improvements; or (v) City’s granting, issuing or approving use of this Agreement.
b) Subdivider’s obligations under the preceding sentence shall apply regardless whether City or any of its officers, officials, employees or agents are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence or willful

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Final Map of <Insert Project Name>

misconduct of City, its officers, officials, employees, agents or volunteers. c) If Subdivider should subcontract all or any portion of the work to be performed under this Agreement, Subdivider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of paragraphs “a)” and “b)” of this Section.
14) Insurance. Throughout the life of this Agreement, Subdivider shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best's Insurance Rating Guide, or (ii) authorized by City’s Risk Manager.

Insurance requirements, including coverage types and amounts, are attached hereto in Exhibit “D”.

If at any time during the life of the Agreement or any extension, Subdivider fails to maintain the required insurance in full force and effect, the City Engineer, or his/her designee, may order that Subdivider, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to ensure that public health and safety is protected.

All payments due or that become due to Subdivider shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement.

Evidence of Insurance provided by Subdivider and his/her/its insurer shall clearly state that termination or suspension of insurance coverage may not occur until at least thirty (30) days following written notice to the City of the intent to terminate or suspend coverage. 15) Compaction and Materials Testing. Compaction and other materials testing performed for determination of compliance with Public Works Standards shall conform to City of Tulare Design Guidelines, Public Improvement Standards, and Technical Specifications. Materials testing shall at all times remain under the review of the City Engineer who may determine additional test procedures, and additional locations to be tested. All materials testing for improvement work within the public easements and rights-of-way shall be ordered and paid for by Subdivider. 16) Inspections. City shall inspect all Improvements. All Improvements shall be performed and completed in strict accordance with the approved construction plans for said work on file with the City Engineer and City of Tulare Design Guidelines and Public Improvement Standards. In the event there are no applicable Design Guidelines and Public Improvement Standards it is agreed that the same shall be performed and completed in accordance with the standards and specifications of the California Department of Transportation.
17) Compliance with Law. In performing obligations set forth in this Agreement, Subdivider shall comply with all applicable laws, regulations, and rules of all local, state and federal governmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and regulations. Subdivider shall comply with the codes or ordinances of City including the Tulare Municipal Code, City Charter, and Building Codes. 18) Prevailing Wages. Subdivider shall:

a) be required to pay, and shall cause its contractor and subcontractors to pay, prevailing wages for the construction of:
i) those specific Improvements for which Subdivider receives credits or reimbursements as identified in Exhibit “B”, if any, and
ii) those Improvements, if any, that are “public works” under Chapter 1, Part 7, Division 2 of the California Labor Code, including Section 1720(a) (collectively, the “PW

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Improvements”).
19) Enforcement of Obligations. City may enforce this Agreement in any manner available at law or in equity, including, but not limited to, reversion to acreage. 20) Limitations of Legal Acts. Except as provided by the Section entitled “Attorney’s Fees and Legal Expenses,” in no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed Subdivider’s sole legal remedy for breach or violation of this Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.
21) Attorney’s Fees and Legal Expenses. If either party is required to commence any proceeding or legal action to enforce any term or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
22) Obligation Running With Land. This Agreement shall burden the Subject Property described and constitute a covenant running with the land for the benefit of City and shall be binding upon the successors, transferees, and heirs of Subdivider. Subdivider consents to the recordation of this Agreement with the Tulare County Recorder.
23) Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
24) Ambiguities or Uncertainties. Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of the Agreement, or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code §1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncertainty to exist. 25) Severable Provisions. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect. 26) Release of Conditions. The conditions and obligations of this Agreement shall remain in full force and effect until such time as City Engineer issues a Notice of Completion finding the conditions and obligations of this Agreement have been fully satisfied and are no longer required for public health and safety reasons and thereafter records such Notice of Completion with the Tulare County Recorder. 27) Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue shall be Tulare County, California. 28) Fees Due Prior to Recordation. The fees due to the City set forth in Exhibit “C”, attached hereto and incorporated herein by this reference, shall be paid in full prior to recordation of the final map. * * * *

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Final Map of <Insert Project Name>

IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement.

CITY OF TULARE SFT CAPITAL LP, A CALIFORNIA LIMITED
a Municipal Corporation PARTNERSHIP
By: AHA Development Group, Inc., a
California Corporation, Its General Partner
By: By:

Marc Mondell, City Manager
Name:

Title:

ATTEST:

Chief Deputy Clerk and Clerk of the Council
Of The City of Tulare
(Attach Notary Acknowledgments)

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Subdivision Improvement Agreement 8
Final Map of <Insert Project Name>

A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
)
County of Tulare )
On __________________ before me, ____________________________, Notary Public, personally appeared __________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
___________________________________
Signature of Notary Public

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Subdivision Improvement Agreement 9
Final Map of <Insert Project Name>

SUBORDINATION

The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on January, 11, 2022, in the office of the Tulare County Recorder, as Document No. 2022-0002256 of which the Deed of Trust in, by and between SFT CAPITAL LP, a California Limited Partnership, as Trustor, FIRST AMERICAN TITLE INSURANCE COMPANY, as Trustee and D.R. HORTON CA3, INC. a Delaware Corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for the Final Map of KCOK Ranch No. 5 & 9.

DATED: ____________________, 20___

D.R. HORTON CA3, Inc., a Delaware Corporation

By: ________________________________________

Print Name: ________________________________________
Title: ________________________________________

(Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment)

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Subdivision Improvement Agreement 10
Final Map of <Insert Project Name>

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
___________________________________
Signature of Notary Public

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* For a single combined performance and payment bond, bond amount shall equal the algebraic sum of the performance and payment bond amounts listed above. ** Maintenance bond is required at the time the improvements are accepted by the City.

Performance Bond Amount*
(10% of Completed Work + 100% of Uncompleted Work) $6,281,079.20 Payment Bond Amount*
(50% of Uncompleted Work) $3,140,539.60
Maintenance Bond Amount**
(10% of Required Improvements ) $628,107.92
EXHIBIT "A"
Estimated Improvement Costs & Security Requirements
KCOK 5 & 9
Bond Type Required Bonding
Amount

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Item
Total Estimated
Cost of Oversize
Improvements
Street Oversize Improvements, including but not limited to: $0.00 Street Name: None
Material Cost for Supplemental Roadway Excavation (x" vs y") Material Cost for Supplemental Aggregate Base Material (x" vs y") Material Cost for Supplemental Asphalt Concrete Material (x" vs y") Supplemental Right-of-way Dedication (x s.f. vs y s.f.) Traffic Signal Improvements:

Other:

Sanitary Sewer System Improvements, including but not limited to: $ 16,370.00 Street Name: SEMINOLE AVENUE & MORRISON STREET
Material Cost for Supplemental Sewer Main Size (8" vs 10") $16,370.00 Material Cost for Supplemental Sewer MH Size (Type II vs Type I) $0.00 Lift Station Improvements: $0.00
Force Mains: $0.00
Storm Drain System Improvements, including but not limited to: $0.00 Street Name: None
Regional storm drain mains (x" diameter) $ -
Regional storm drain manholes (Qty. = ) $ -
Ponding Basin (Land Cost, Excavation, Fencing, Frontage Improvements) $ - Lift Station Improvements: $0.00
Force Mains: $0.00
Water System Improvements, including but not limited to: $42,640.00 Street Name: SEMINOLE AVENU & MORRISON STREET
Material Cost for Supplemental Water Main Size (8" vs 12") $ 31,640.00 Material Cost for Supplemental Water Appurtenances (8" vs 12") $ 11,000.00 Well/Storage Tank Site (Land Cost, Frontage Improvements) $0.00 Total Estimated Oversize Costs $59,010.00
EXHIBIT "B"
Estimated Oversize Improvement Costs
KCOK 5 & 9

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Account No.

Transaction No. R/C No. Description of Charge Quantity Unit Cost Total Amount 001-3247-001 1391 S-29 Public Inspection Fee 1 $120,621.58 $120,621.58 010-3265 3060 Backflow Test $91.00 $0.00
010-3270-3 3073 Water Pressure Test 1 $264.00 $264.00
010-3270-004 3074 Water Purity Sample 16 $227.00 $3,632.00 015-3265 3420 Sewer Front Foot $28.00 $0.00
010-3265 3060 Water Front Foot $19.00 $0.00
001-3265 9260 Street Front Foot $0.00
001-3252-002 1472 S-37 Benefit District Creation $1,458.00 $0.00 015-260-047 9260 Del Lago - Hillman St $0.00
$0.00
001-3266-000 1611 Street Signs (Street Names per blade) 18 $276.00 $4,968.00 001-3120-2 1252 Street Easement/Abandonment $1,791.00 $0.00 TOTAL $129,485.58
LESS PREVIOUSLY PAID $0.00
LESS CREDITS $0.00
AMOUNT DUE $129,485.58
Front Foot Fees
Benefit Districts
In-Lieu Fees
Non-Bonded Improvements
Other
EXHIBIT "C"
KCOK 5 & 9
Inspection, Testing and Construction:

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Coverage Afforded Limits of Liability
Worker’s Compensation: Statutory
Commercial General Liability Insurance Including:
a) Products & Completed Operations
b) Blanket Contractual
c) Explosion, Collapse & Underground Hazard
Automobile Liability Insurance including:
a) Non-owned
b) Leased
c) Hired Vehicles
$2,000,000 Bodily Injury and
Property Damage, Combined Single
Limit
$2,000,000 Bodily Injury and
Property Damage, Combined Single
Limit
EXHIBIT "D"
Minimum Insurance Requirement, Converge Types, and Amounts KCOK 5 & 9

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ATTACHMENT 3

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Staff Report
Meeting: City Council
Date: October 3, 2023
Department: Public Works - Fleet Maintenance
Submitted by: Trisha Whitfield, Public Works Director
Agenda Title: Purchase of One Ford F-550 Truck for the Streets Division

RECOMMENDED ACTION
Award the purchase of one new/unused 2024 Ford Super Duty F-550 truck to National Auto Fleet Group, of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $105,325.57, which includes all fees, tax and shipping and approve the increase in budget by $25,325.57.

SUMMARY
The City is a member of Sourcewell, which is a national public service agency that provides for cooperative purchasing for government agencies. Through the Sourcewell Contract No. 091521-NAF, staff is requesting authorization to purchase one new/unused 2024 Ford Super Duty F-550 XL 2WD Crew cab truck with Scelzi upfit from National Auto Fleet Group, of Watsonville, CA in the amount of $105,325.57.

The proposed truck is a replacement unit and is as follows:

Replacement
Unit New vehicle Cost Original Budget
Streets Unit #758 2024 Ford F-550 $105,325.57 $80,000
The proposed truck will replace unit #758 which is a 2008 Chevrolet C5500 truck currently operated by the Streets Division. This vehicle was requested for replacement in the FY 2023/24 Fleet Replacement budget in the amount of $80,000. The cost of the truck does include the Scelzi truck service body as requested by the department. The original budget for the truck anticipated using the service body from unit #758 on the new truck. After review by the Streets Manager and Fleet Superintendent, it was decided that there would be too much fabrication required to move the service body over. If the purchase is approved, unit #758 will be surplussed once the new unit is received.

The Sourcewell purchasing contract is available to agencies nationwide and is therefore very competitive and very limited. On September 11, 2023, National Auto Fleet Group notified staff that the ordering window for Ford Super Duty trucks was open. This is the first opening we have seen for the bigger trucks. The Fleet Superintendent made contact and was able to place an order for the Ford F-550 truck. Due to the time constraints, the City Manager approved the issuance of a purchase order to secure the truck. If the City Council does not approve this item, the build will be canceled, and we will have to wait for the next availability of trucks through the National Auto Fleet Group.

Item #: 7.7
Consent

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FISCAL IMPACT & FUNDING SOURCE(S)
Funding for the purchase of the vehicle will come from the Streets Division Fleet Replacement Funds (Fund 604). The requested budget for this truck was $80,000 and the cost for new, completed truck is $105,325.57. The Streets Division has just under $115,000 in reserve funds and has agreed to use these funds to cover this purchase.

LEGAL REVIEW
This item does not require review by the City Attorney’s office.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
If not approved, the Streets Division will continue to use unit #758 until a new vehicle can be purchased.

ATTACHMENTS

1. Truck Specifications from the National Auto Fleet Group Reviewed/Approved:

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Staff Report
Meeting: City Council
Date: October 3, 2023
Department: Community Services
Submitted by: Jason Glick, Community Services Director
Agenda Title: Kings/Tulare Area Agency on Aging Agreements for 2023/2024

RECOMMENDED ACTION
Authorize the City Manager or designee to sign agreements with the Kings/Tulare Area Agency on Aging (K/TAAA) for the City of Tulare to provide nutritional services through the 2023/2024 K/TAAA Senior Nutrition Program.

SUMMARY
Each year, the Senior Services Division of the Community Services Department enters into yearly agreements with the Kings/Tulare Area Agency on Aging (K/TAAA) to provide nutrition services to the seniors in the community. The Senior Nutrition Program offers hot meals, frozen delivery meals, and a variety of nutritional and educational services throughout the year.

The agreements sent from K/TAAA for this fiscal year are three-fold:

1. Agreement K/TAAA 23/24-05 – total funding award $274,201 a. This agreement is our regular on-going agreement which is the basis for the daily meal program.

3. Agreement NI 23/24-05 total funding award $81,467
a. This agreement pertains to previously approved infrastructure funding. These funds were approved by City Council in January 2023. These funds are geared to specific items for the Senior Center including – ADA upgrades, meal delivery vehicle, dishwasher, and technology upgrades.

4. Total 2023/2024 Agreement award - $413,354
These agreements are in effect from July 1, 2023, and shall terminate on June 30, 2024.

FISCAL IMPACT & FUNDING SOURCE(S)
If approved, these funds will continue to provide nutrition to the seniors of our community. On average, the Tulare Senior Community Centers provides almost 4,000 meals/month to seniors in our community. With average daily meal attendance of 150 people per day, as well as delivering meals to over 40 homebound clients throughout the city limits of Tulare. In addition to nutrition, these funds will also allow for the procurement of new goods which will allow us to develop and expand our current programs and services. These funds will allow us to provide a Item #: 7.8
Consent

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connection between our senior programs and the younger generations in our community through the intergenerational funding source.

LEGAL REVIEW
This item was reviewed by legal counsel.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. K/TAAA Agreement 23/24-05

2. K/TAAA Agreement IF 23/24

3. K/TAAA Agreement NI 23/24-05
Reviewed/Approved:

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ATTACHMENT 1

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FY 2023-2024
AGREEMENT NO: IF 23/24-05
CONTRACTOR: City of Tulare

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Kings/Tulare Area Agency on Aging 2 Agreement No: IF 23/24-05

AGREEMENT
THIS AGREEMENT is entered into on , between the
KINGS/TULARE AREA AGENCY ON AGING, hereinafter referred to as “K/T AAA” and CITY OF TULARE hereinafter referred to as “CONTRACTOR,” with reference to the following Agreement.

ACCORDINGLY, IT IS AGREED:

1. TERM: This Agreement shall become effective as of July 1, 2023 and shall terminate on June 30, 2024. No obligations may be incurred after June 30, 2024.

2. DEFINITIONS AND SCOPE OF WORK: Definitions and the Scope of Work for Senior Services Programs are incorporated in Exhibit A, entitled General Scope of Work, which exhibit is made a part of this Agreement by reference.

3. BUDGET DETAIL, PAYMENT PROVISIONS, AND CLOSEOUT: Information on funding, matching funds, invoicing, program income, budgets, and budget revisions are incorporated in Exhibit B, entitled Budget Detail, Payment Provisions, and Closeout, which exhibit is made part of this agreement by reference.

4. SPECIAL TERMS AND CONDITIONS: Information on general assurance, property, audits, confidentiality, nondiscrimination, records, insurance, and monitoring are incorporated in Exhibit C, entitled Special Terms and Conditions, which exhibit is made a part of this Agreement by reference.

5. ASSURANCES: As the Contractor is receiving funding from Title III, Title VII, and/or the State-Funded Consolidated Block Grant, Exhibit D, entitled Additional Provisions, is made part of this Agreement by reference.

6. CONTRACT AWARD AND UNITS OF SERVICE: Contractor shall be paid an amount not to exceed FIFTY-SEVEN THOUSAND SIX HUNDRED EIGHTY-SIX dollars ($57, 686) for service categories and contracted service units that shall include, without limitation, those services as per Exhibit E, entitled Contracted Award and Units of Service, which exhibit is made part of this Agreement by reference.

7. REPORTING REQUIREMENTS: The Contractor shall provide planning documents, reports, and/or data as detailed in Agreement Exhibits. The schedule for submission of these documents to K/T AAA is set forth in Exhibit D, entitled Additional Provisions, is made part of this Agreement by reference.

8. COMPLIANCE WITH LAW: Contractor shall provide services in accordance with all applicable Federal, State, and local laws, regulations, and directives, including, but not limited to, laws regarding conflicts of interest or prohibited activities, such as Government Code sections 1090 et seq., Government Code sections 81000 et seq. and regulations promulgated pursuant thereto by the California Fair Political Practices Commission, and Government Code sections

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Kings/Tulare Area Agency on Aging 3 Agreement No: IF 23/24-05 16645 et seq. (influencing union organization activities). With respect to Contractor’s employees, Contractor shall comply with all laws and regulations pertaining to wages and hours, State and Federal income tax, unemployment insurance, Social Security, disability insurance, workers’ compensation insurance, and discrimination in employment. If Contractor is an individual or sole proprietorship, this Agreement is subject to the Independent Contractor reporting requirements of Unemployment Insurance Code section 1088.8. In such case, Contractor shall accurately fill out and complete the California Unemployment Development Department’s form DE-542 (“Report of Independent Contractor [s]”) and submit it to K/T AAA at the time this Agreement is executed by Contractor. Failure to provide form DE-542 with complete information by the time specified may, at K/T AAA’s option, prevent approval of this Agreement by K/T AAA, or may be grounds for its termination by K/T AAA, and K/T AAA reserves the right to offset the amount of any fines or penalties imposed on K/T AAA against any sum due or to become due.

9. INSURANCE: CONTRACTOR shall provide and keep in force during the term of this Agreement, at no expense to K/T AAA, insurance coverage as detailed in Exhibit C, entitled Special Terms and Conditions, which exhibit is made a part of this Agreement by reference.

10. INDEPENDENT CONTRACTOR STATUS:

A. This Agreement is entered into by both parties with the understanding that Contractor will perform all services required under this Agreement as an Independent Contractor. Nothing in this Agreement shall be construed to constitute Contractor or any of its agents, employees, or officers as an agent, employee, or officer of K/T AAA, and Contractor shall advise everyone it assigns or hires to perform any duty under this Agreement that they are not employees of K/T AAA. Subject to any performance criteria contained in this Agreement, Contractor shall be solely responsible for determining the means and methods of performing the specified services, and K/T AAA shall have no right to control or exercise any supervision over Contractor as to how the services will be performed. As Contractor is not K/T AAA’s employee, Contractor is responsible for paying all required State and Federal taxes. In particular, K/T AAA will not:

1. Withhold FICA (Social Security) from Contractor’s payments.

2. Make State or Federal unemployment insurance contributions on Contractor’s behalf.

3. Withhold State or Federal income tax from payments to Contractor.

4. Make disability insurance contributions on behalf of Contractor.

5. Obtain unemployment compensation insurance on behalf of Contractor.

B. Notwithstanding this Independent Contractor relationship, K/T AAA shall have the right to monitor and evaluate the performance of Contractor to assure compliance with this Agreement.

11. INDEMNIFICATION: The CONTRACTOR agrees to indemnify, defend, and save harmless K/T AAA and County of Tulare, and their officers, agents, and employees from any and all claims and losses, including any costs or expenses incurred by K/T AAA and County of Tulare, accruing or resulting to any contractors, vendors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with any activities performed for which funds from this contract were used and from any and all claims and

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Kings/Tulare Area Agency on Aging 4 Agreement No: IF 23/24-05 losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the CONTRACTOR in the performance of this contract, except where such indemnification is prohibited by law.

12. ENTIRE AGREEMENT REPRESENTED: This Agreement represents the entire agreement between Contractor and K/T AAA, and no prior or oral or written understanding shall be of any force or effect. No part of this Agreement may be modified without the written consent of both parties. Should there be any conflict between the terms of this agreement and any of the exhibits, the terms of this agreement shall control.

13. HEADINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning, or intent of the provisions under the headings.

14. NOTICES:

A. Except as may be otherwise required by law, any notice to be given shall be written and shall be either personally delivered, sent by facsimile transmission, or sent by first-class mail, postage prepaid, and addressed as follows:

K/T AAA:

KINGS/TULARE AREA AGENCY ON AGING
5957 S. Mooney Boulevard
Visalia, California 93277
Fax No.: (559) 737-4694 Phone No.: (559) 624-8075
CONTRACTOR:

City of Tulare
411 E Kern
Tulare, Ca. 93274
Fax No.: (559) 685-2329 Phone No.: (559) 685-2330
B. Notice personally delivered is effective when delivered. Notice sent by facsimile transmission is deemed to be received upon successful transmission. Notice sent by first-class mail shall be deemed received on the fifth day after the date of mailing. Either party may change the above address by giving written notice pursuant to this paragraph.

15. CONSTRUCTION: This Agreement reflects the contributions of both parties and, accordingly, the provisions of Civil Code section 1654 shall not apply to address and interpret any uncertainty.

16. NO THIRD PARTY BENEFICIARIES INTENDED: Unless specifically set forth, the parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.

17. GOVERNING LAW: This Agreement shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles.

CONTRACTOR waives the removal provisions of California Code of Civil Procedure section 394.

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Kings/Tulare Area Agency on Aging 5 Agreement No: IF 23/24-05

18. WAIVERS: The failure of either party to insist on strict compliance with any provision of this Agreement shall not constitute a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by either party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by the other party.

19. EXHIBITS AND RECITALS: The Recitals and the Exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.

20. CONFLICT WITH LAWS OR REGULATIONS/SEVERABILITY: This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulation governing its subject, the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the affected party. In all other cases, the remainder of the Agreement shall continue in full force and effect.

21. FURTHER ASSURANCES: In addition to those assurances as set forth in Exhibit D, each party will execute any additional documents and perform any further acts as may be reasonably required to effect the purposes of this Agreement.

22. ASSURANCES OF NON-DISCRIMINATION: Contractor shall not discriminate in employment or in the provision of services on the basis of any characteristic or condition upon which discrimination is prohibited by State or Federal law or regulation.

23. ASSIGNMENT/SUBCONTRACTING: Unless otherwise provided for in this Agreement, K/T AAA is relying on the personal skill, expertise, training, and experience of Contractor and Contractor’s employees, and no part of this Agreement may be assigned or subcontracted by Contractor without the prior written consent of K/T AAA. Furthermore, the Contractor shall monitor, evaluate, and document the performance of any and all sub-contractors.

24. DISPUTE RESOLUTION: If a dispute arises out of or relating to this Agreement or the breach thereof, and if said dispute cannot be settled through negotiation, the parties agree to try in good faith to settle the dispute by non-binding mediation before resorting to litigation or some other dispute resolution procedure, unless the parties mutually agree otherwise. The mediator shall be mutually selected by lot from among two nominations provided by each party. All costs and fees required by the mediator shall be split equally by the parties; otherwise, each party shall bear its own costs of mediation. If mediation fails to resolve the dispute within thirty (30) days, either party may pursue litigation to resolve the dispute.

25. SOFTWARE WARRANTY: Contractor warrants that any software furnished hereunder, or any software used by it to perform the services to be provided under this Agreement, will continue processing accurately for the term of this Agreement and any extension thereof and that the use of said software shall not cause incorrect scheduling or reporting or other improper operations or results.

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Kings/Tulare Area Agency on Aging 6 Agreement No: IF 23/24-05

26. LICENSING AND CERTIFICATION: Contractor represents that it maintains necessary licensing and certification to provide the services under contract and agrees to notify K/T AAA immediately should that status cease or should any action be initiated that may affect that status.

27. EQUIPMENT:

A. All equipment and/or non-expendable personal property (herein collectively referred to as “equipment”) purchased out of revenues provided under this Agreement shall be the property of the K/T AAA, and shall be managed in accordance with requirements defined in Exhibit C, entitled Special Terms and Conditions, which exhibit is made a part of this Agreement by reference. If the cost of such equipment exceeds in whole or in part FIVE HUNDRED DOLLARS ($500.00), Contractor shall request written pre-approval by the K/T AAA before acquisition. K/T AAA may approve or deny each such request. None of the equipment described in this paragraph, or any equipment owned by K/T AAA in possession of Contractor, may be sold, leased, rented, exchanged, licensed, loaned, or encumbered in any way without prior written permission from K/T AAA. The K/T AAA retains the right of final approval on all equipment transfers.

B. Contractor shall maintain all equipment in good operating condition and shall be responsible for all costs of maintenance and/or repair necessary to maintain said equipment in good operating condition for the normal life of the equipment. Contractor shall further arrange for adequate security measures to protect said equipment from loss or damage due to theft or vandalism, and for self-insurance, which shall name K/T AAA as additional insured and which shall be of sufficient coverage to provide for the replacement value of any said equipment due to damage or loss because of fire, vandalism, theft, or negligence.

28. CONFLICT OF INTEREST:

A. Contractor agrees at all times in performance of this Agreement to comply with the law of the State of California regarding conflicts of interest or appearance of conflicts of interests, including, but not limited to, Government Code section 1090, et seq., and the Political Reform Act, Government Code section 18000 et seq and regulations promulgated pursuant thereto by the California Fair Political Practices Commission. The statutes, regulations, and laws previously referenced include, but are not limited to, prohibitions against any public officer or employee, including Contractor for this purpose, from the making of any decision on behalf of K/T AAA in which such officer, employee, consultant, or Contractor has a direct or indirect financial interest.

A violation can occur if the public officer, employee, consultant, or Contractor participates in or influences any K/T AAA decision that has the potential to confer any pecuniary benefit on Contractor or any business firm in which Contractor has an interest, with certain narrow exceptions.

B. Contractor agrees that if any facts come to its attention that raise any questions as to the applicability of conflicts of interest law, it will immediately inform the K/T AAA designated representative and provide all information needed for resolution of this question.

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Kings/Tulare Area Agency on Aging 7 Agreement No: IF 23/24-05

29. NONDISCRIMINATION IN STATE AND FEDERALLY ASSISTED
PROGRAMS: By signing this Agreement, Contractor agrees to comply with Title VI and VII of the Civil Rights Act of 1964 as amended; section 504 of the Rehabilitation Act of 1963 as amended; the Age Discrimination Act of 1975 as amended; the Food Stamp Act of 1977 as amended and in particular section 272.6; Title II of the Americans with Disabilities Act of 1990; California Civil Code section 51 et seq., as amended; California Government Code sections 11135- 11139.5, as amended; California Government Code section 12940 (c), (h)(1), (i) and (j); California Government Code section 4450; Title 22, California Code of Regulations sections 98000-98413; Title 24 of the California Code of Regulations, section 3105A(e)l the Dymally-Altore Bilingual Services Act (California Government Code sections 7290-7299.8); section 1808 of the Removal of Barriers to Interethnic Adoption Act of 1996; and other applicable Federal and State laws, as well as their implementing regulations [including 45 Code of Federal Regulations (CFR) Parts 80, 84, and 91; 7 CFR Part 15, and 28 CFR Part 42], by ensuring that employment practices and the administration of public assistance and social services programs are nondiscriminatory, to the effect that no person shall, because of ethnic ancestry, marital status, religion, religious creed, or political belief, be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving Federal or State financial assistance; and will immediately take any measures necessary to effectuate this Agreement.

This assurance is given in consideration of and for the purpose of obtaining any and all Federal and State assistance; and the Contractor hereby gives assurance that administrative methods/procedures that have the effect of subjecting individuals to discrimination will be prohibited.

Contractor agrees to compile data, maintain records, and submit reports as required, to permit effective enforcement of the aforementioned laws, rules, and regulations, and permit authorized County, State, and Federal government personnel, during normal working hours, to review such books and accounts as needed to ascertain compliance. If there are any violations of this assurance, the State shall have the right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code section 10605, or Government Code sections 11135-11139.5, or any other laws, or the issue may be referred to the appropriate Federal agency for further compliance action and enforcement of this assurance.

This assurance is binding on the Contractor directly or through contract, license, or other provider of services, as long as it receives Federal or State assistance.

30. AVAILABILITY OF FUNDS: Independent of any other right to terminate set forth in this Agreement, because this Agreement is entered into with the anticipation of certain funds being available, either locally or from the State or Federal governments, if such funding, for any reason, is no longer available, or in the event that K/T AAA determines that it does not have adequate funding, this Agreement shall terminate by K/T AAA giving written notice of immediate termination or otherwise specifying the effective date of termination.

31. GRIEVANCE POLICY: Contractor agrees to document, investigate, and resolve any and all client or potential client complaints relating to K/T AAA services. The Contractor will ensure compliance with the K/T AAA Client Complaint and Grievance Procedure, and ensure that any client complaints are referred to the K/T AAA in accordance with the procedure.

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Kings/Tulare Area Agency on Aging 8 Agreement No: IF 23/24-05

32. TRANSITION PLAN: In the event of termination per Exhibit C (Special Terms and Conditions), the Contractor will develop a Transition Plan as required in Exhibit D (Additional Provisions).

33. CULTURAL COMPETENCE AND DIVERSITY: Contractor shall comply with the Cultural Competence exhibit, as set forth in Exhibit H attached.

34. STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS: Contractor shall comply with the State of California’s General Terms and Conditions standard contract language, available for reference at:
**********.documents.dgs.ca.gov/pd/traffic/wsca/participatingaddendum/UPSGTC610.pdf

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Kings/Tulare Area Agency on Aging 9 Agreement No: IF 23/24-05 THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.

K/T AAA
By Date
Title

CONTRACTOR
By Date
Title
By Date
Title
Corporations Code Section 313 requires that contracts with a corporation shall be signed by the (1) chairman of the Board, the president or any vice-president and (2) the secretary, any assistant, the chief financial officer, or any assistant treasurer; unless the contract is also accompanied by a certified copy of the Board of Directors resolution authorizing the execution of the contract.

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Kings/Tulare Area Agency on Aging 10 Agreement No: IF 23/24-05 Exhibits – Table of Contents
EXHIBIT A: GENERAL SCOPE OF WORK ............................................................................ 12 ARTICLE I. DEFINITIONS .................................................................................................... 12 ARTICLE II. SCOPE OF WORK ...........................................Error! Bookmark not defined.3 EXHIBIT B: BUDGET DETAIL, PAYMENT PROVISIONS, AND CLOSEOUT................. 14 ARTICLE I. FUNDS ................................................................................................................ 14 ARTICLE II. BUDGET AND BUDGET REVISION ............................................................. 17 ARTICLE III. PROGRAM SPECIFIC FUNDS...................................................................... 18 ARTICLE IV. PROGRAM SPECIFIC BUDGET AND BUDGET REVISION.................... 19 ARTICLE V. PAYMENTS ...................................................................................................... 19 EXHIBIT C: SPECIAL TERMS AND CONDITIONS .............................................................. 30 ARTICLE I. DEFINITIONS AND RESOLUTIONS OF LANGUAGE CONFLICTS ......... 30 ARTICLE II. ASSURANCES.................................................................................................. 32 ARTICLE III. AGREEMENT.................................................................................................. 37 ARTICLE IV. COMMENCEMENT OF WORK..................................................................... 37 ARTICLE V. SUBCONTRACTS ............................................................................................ 38 ARTICLE VI. RECORDS........................................................................................................ 39 ARTICLE VII. PROPERTY..................................................................................................... 40 ARTICLE VIII. ACCESS......................................................................................................... 43 ARTICLE IX. MONITORINGAND EVALUATION............................................................. 43 ARTICLE X. AUDIT REQUIREMENTS ............................................................................... 44 ARTICLE XI. INSURANCE ................................................................................................... 48 ARTICLE XII. TERMINATION ............................................................................................. 51 ARTICLE XIII. REMEDIES.................................................................................................... 53 ARTICLE XIV. DISSOLUTION OF ENTITY ....................................................................... 53 ARTICLE XV. AMENDMENTS, REVISIONS OR MODIFICATIONS............................... 53 ARTICLE XVI. NOTICES....................................................................................................... 54 ARTICLE XVII. K/T AAA CONTACT .................................................................................. 54 ARTICLE XVIII. INFORMATION INTEGRITY AND SECURITY .................................... 54 ARTICLE XIX. COPYRIGHTS AND RIGHTS IN DATA.................................................... 57 ARTICLE XX. BILINGUAL AND LINGUISTIC PROGRAM SERVICES ......................... 59 EXHIBIT D: ADDITIONAL PROVISIONS ............................................................................... 62 ARTICLE I. ASSURANCES SPECIFIC TO THIS AGREEMENT ....................................... 62 ARTICLE II. REPORTING PROVISIONS............................................................................. 65 ARTICLE III. APPEAL PROCESS ......................................................................................... 67 ARTICLE IV. TRANSITION PLAN....................................................................................... 67 EXHIBIT E: HIPAA REQUIREMENT ...................................................................................... 69 EXHIBIT F: CONTRACT AWARD AND UNITS OF SERVICE ............................................ 73 EXHIBIT G: PROGRAM SCOPE OF WORK........................................................................... 74 SCOPE OF WORK: TITLE III-E: FAMILY CAREGIVER SUPPORT PROGRAM............ 74

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Kings/Tulare Area Agency on Aging 11 Agreement No: IF 23/24-05 FAMILY CAREGIVER INFORMATION SERVICES ...................................................... 74 FAMILY CAREGIVER ACCESS ASSISTANCE.............................................................. 74 FAMILY CAREGIVER SUPPORT SERVICES................................................................. 75 FAMILY CAREGIVER RESPITE CARE........................................................................... 76 EXHIBIT H: CULTURAL COMPETENCE AND DIVERSITY................................................ 78

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Kings/Tulare Area Agency on Aging 12 Agreement No: IF 23/24-05 EXHIBIT A: GENERAL SCOPE OF WORK
ARTICLE I. DEFINITIONS
A. Definitions Specific to the Older Californians Nutrition Program (OCNP) and Intergenerational Activities

1. Adult means an individual between eighteen (18) years and sixty (60) years old.

2. Child means an individual under eighteen (18) years old.

3. Eligible Population means older individuals sixty (60) years of age or older, with emphasis on those in greatest economic and social need with particular attention to low-income minority older individuals, older individuals with Limited English Proficiency (LEP), and older individuals residing in rural areas. [Older Americans Act (OAA) § 305 (a)(2)(E); 22 CCR 7125, 7127, 7130, 7135]
a. Individuals eligible to receive a meal at a congregate nutrition site shall include the following:
i. Any older individual.
ii. The spouse of any older individual.
iii. A person with a disability, under age sixty (60) who resides in housing facilities occupied primarily by older individuals at which congregate nutrition services are provided.
iv. A disabled individual who resides at home with and
accompanies an older individual who participates in the program.
v. A volunteer under age sixty (60), if doing so will not deprive an older individual sixty (60) or older of a meal. [CCR 7636.9(b)(3); CCR 7638.?(b); and OAA 339(H)]
b. Individuals eligible to receive a home-delivered meal are individuals who are:
i. Frail as defined by 22 CCR 7119, homebound by reason of illness or disability, or otherwise isolated. (These individuals shall be given priority in the delivery of services.) [45 Code of Federal Regulations (CFR) 1321.69(a)].

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Kings/Tulare Area Agency on Aging 13 Agreement No: IF 23/24-05 ii. A spouse of a person defined in 22 CCR 7638.7(c)(2), regardless of age or condition, if an assessment concludes that is in the best interest of the homebound older individual. iii. An individual with a disability who resides at home with older individuals, if an assessment concludes that it is in the best interest of the homebound older individual who participates in the program.

4. Intergenerational Activities means efforts related to the planning, development, and implementation of activities and programs that bring participants of the Older Californians Nutrition Program (OCNP) together with children or adults. Mutually beneficial intergenerational activities promote greater understanding and respect between generations and also strengthen older adult's recovery and resilience from the isolation and health impacts from the COVID-19 pandemic.

5. Older Californians Nutrition Program means the Title Ill C-1 Congregate Nutrition Services and Title Ill C-2 Home-Delivered Nutrition Services.

6. Title Ill C-1 (Congregate Nutrition Services) means nutrition services for older individuals in a congregate setting. Services include meals, nutrition and health promotion education, health promotion programs, nutrition risk screening, and opportunities for socialization. Each meal shall provide onethird (1 /3) of the Dietary Reference Intakes (ORI) and comply with the most current Dietary Guidelines for Americans (DGA). To be an eligible Title Ill C-1 congregate nutrition site, the site must meet all of the following criteria:
[22 CCR 7638.7(a)]
a. Be open to the public. [45 CFR 1321.53(b)(3)]
b. Not means test. [OAA § 315(b)(3)]
c. Provide participants the opportunity to make voluntary contributions and not deny service for not contributing to the cost of the service.[OAA § 315(b)(4); 22 CCR 7638.9]
d. Not receive funds from another source for the cost of the same meal, equipment, or services. [2 CFR 200.403(f); 45 CFR 75.403(f)]

7. Title Ill C-2 (Home-Delivered Nutrition Services) means nutrition services provided to homebound older individuals including meals, nutrition and health promotion education, and nutrition risk screening. Each meal shall provide one-third (1/3) of the ORI and comply with the most current DGA. [22 CCR 7135, 22 CCR 7638.7(c)]

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Kings/Tulare Area Agency on Aging 14 Agreement No: IF 23/24-05 ARTICLE ll. SCOPE OF WORK- OCNP and Intergenerational Activities A. The Contractor shall provide the following:

1. Provide meals in accordance with the OAA and California Code of Regulations (CCR).

2. This Contract shall promote and maintain high standards of food safety and sanitation as required by the California Retail Food Code.

3. Conduct services and activities that support the goal to provide more meals to more older adults and/or the goal to pursue and conduct intergenerational activities for the purpose of connecting older adults with children/adults in conjunction with the OCNP. Examples of intergenerational activities include, but are not limited, the following:
a. Development or maintenance of partnerships and collaborative efforts with programs serving children to foster intergenerational connections between older adults and children;
b. Planning, development, or implementation of shared sites with programs serving meals to children to promote intergenerational meal programs;
c. Planning, development, or implementation of intergenerational cooking demonstrations or classes;
d. Planning, development, or implementation of shared garden site and intergenerational gardening activities;
e. Virtual or in-person intergenerational social activities related to theC-1 or C-2 program;
f. Virtual or in-person adult lunch companion for C-2 participants.

4. OARR funding may be used to provide meals for participants in activities that support intergenerational connections, however, OARR funding may not supplant funds that would otherwise be available for other nutrition programs.

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Kings/Tulare Area Agency on Aging 15 Agreement No: IF 23/24-05 EXHIBIT B: BUDGET DETAIL, PAYMENT PROVISIONS, AND CLOSEOUT ARTICLE I. FUNDS
A. Expenditure of Funds

1. The Contractor shall expend all funds received hereunder in accordance with this Agreement.

2. Any reimbursement for authorized travel and per diem shall be at rates not to exceed those amounts paid by the State in accordance with the California Department of Human Resources’ (CalHR) rules and regulations.

In State:
• Mileage/Per Diem (meals and incidentals)/Lodging
• https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx This is not to be construed as limiting the Contractor from paying any differences in costs, from funds other than those provided by K/T AAA, between the CalHR rates and any rates the Contractor is obligated to pay under other contractual agreements. No travel outside the state of California shall be reimbursed. [SCM

3.17.2.A(4)]
The Contractor agrees to include these requirements in all contracts it enters into with subcontractors to provide services pursuant to this Agreement.

3. The K/T AAA reserves the right to refuse payment to the Contractor or disallow costs for any expenditure, as determined by the K/T AAA, to be: out of compliance with this Agreement, unrelated or inappropriate to contract activities, when adequate supporting documentation is not presented, or where prior approval was required but was either not requested or not granted.

B. Accountability for Funds

1. The Contractor shall maintain accounting records for funds received under the terms and conditions of this Agreement. These records shall be separate from those for any other funds administered by the Contractor, and shall be maintained in accordance with Generally Accepted Accounting Principles and Procedures and the Office of Management and Budget’s (OMB), Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.[2 CFR Part 200]

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Kings/Tulare Area Agency on Aging 16 Agreement No: IF 23/24-05

2. Financial Management Systems
The Contractor shall meet the following standards for its financial management systems, as stipulated in [45 CFR §92.2 (governmental) or 45 CFR, §74.21] (non-profits) as well as those stipulated in [2 CFR 200.302] Financial management:
a. Financial Reporting
b. Accounting Records
c. Complete Disclosure
d. Source Documentation
e. Internal Control
f. Budgetary Control
g. Cash Management (written procedures)
h. Allowable Costs (written procedures)
C. Unexpended Funds
Upon termination, cancellation, or expiration of this Agreement, or dissolution of the entity, the Contractor shall return to the K/T AAA immediately upon written demand, any funds provided under this Agreement, which are not payable for goods or services delivered prior to the termination, cancellation, or expiration of this Agreement, or the dissolution of the entity.

D. Availability of Funds

1. It is understood between the parties that this Agreement may have been written before ascertaining the availability of appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if this Agreement were executed after that determination was made.

2. This Agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government or the Budget Acts of the appropriate fiscal years for the purpose of these programs. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this Agreement in any manner.

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Kings/Tulare Area Agency on Aging 17 Agreement No: IF 23/24-05

3. Limitation of State Liability
Payment for performance by the Contractor shall be dependent upon the availability of future appropriations by the Legislature or Congress for the purposes of this contract and approval of an itemized Area Plan Budget (CDA 122). No legal liability on the part of the State for any payment may arise under this contract until funds are made available, the itemized budget is received and approved by the K/T AAA, and the Contractor has received an executed contract.

4. Funding Reduction(s)
a. If funding for any State fiscal year is reduced or deleted by the Department of Finance, Legislature or Congress for the purposes of this program, the K/T AAA shall have the option to either:
• Terminate the Contract pursuant to Exhibit C, Article XII, A of this agreement, or
• Offer a contract amendment to the Contractor to reflect the reduced funding for this contract.
b. In the event that the K/T AAA elects to offer an amendment, it shall be mutually understood by both parties that (1) the K/T AAA reserves the right to determine which contracts, if any, under this program shall be reduced, and (2) some contracts may be reduced by a greater amount than others, and (3) that the K/T AAA shall determine at its sole discretion the amount that any or all of the contracts shall be reduced for the fiscal year.

E. Interest Earned

1. Interest earned on federal advance payments deposited in interest-bearing accounts must be remitted annually to K/T AAA. Interest amounts up to $500 per year may be retained by the Contractor and Subcontractors for administrative expense. [2 CFR 200.305(b)(9)] [45 CFR 75.305(b)(9)]

2. Interest earned on advances of federal and non-federal funds shall be identified as non-match cash. [2 CFR 200.305(b)(8)] [45 CFR 75.305(b)(8)]

3. The Contractor must maintain advance payments of federal awards in interestbearing accounts, unless the following apply: [2 CFR 200.305(8)] [45 CFR

75.305(b)(8)]
a. The Contractor receives less than $120,000 in federal awards per year. b. The best reasonably available interest-bearing account would not be expected to earn interest in excess of $500 per year on federal cash balances

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Kings/Tulare Area Agency on Aging 18 Agreement No: IF 23/24-05 c. The depository would require an average or minimum balance so high that it would not be feasible within the expected federal and non-federal cash resources.
d. A foreign government or banking system prohibits or precludes interest bearing accounts.

ARTICLE II. BUDGET AND BUDGET REVISION
A. The Contractor shall be compensated for expenses only as itemized in the approved budget with the exception of line item budget transfers as noted in G.1 of this Article and shall not be entitled to payment for these expenses until this Agreement and budget have been approved and executed by K/T AAA.

B. The budget must set forth in detail the reimbursable items, unit rates and extended total amounts for each line item. The Contractor’s budget shall include, at a minimum, the following items when reimbursable under this Agreement:

1. Personnel Costs – annual FTE wage rates an personnel classifications together with the percentage of time to be charged, specified for each funds source.

2. Fringe Benefits – specified for each fund source.

3. Consultant costs - subcontract and consultant cost detail

4. Indirect costs - costs incurred for a common or joint purpose benefiting more than one cost objective and not readily assignable to the cost

5. Rent

6. Property/Equipment – detailed description and unit costs, specified for each fund source.

7. Supplies – to include items below the $5,000 equipment threshold, specified for each fund source.

8. In State Travel - mileage reimbursement rate, lodging, per diem and other costs.

9. Out of State Travel - any travel outside the State of California including mileage

10. Training.

11. Other Costs - a detailed list of other operating expenses.

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13. Specific to Family Caregiver Support: Purchased family caregiver support services as allowable under the Older Americans Act.

ARTICLE III. PROGRAM SPECIFIC FUNDS
A. Program Income
No Program Income is required under the terms and conditions of this agreement.

B. One-Time-Only (OTO) Funds
No One-Time-Only funding is associated with the terms and conditions of this agreement.

C. Matching Contributions
No match is required under the terms and conditions of this agreement.

D. Administration
Contractor Administration shall be no more than ten percent (10%) of the total program allocation.

E. Equipment
Equipment/Property with per unit cost over $5,000 or any computing devices, regardless of cost requires justification from the Contractor and approval from K/T AAA. To request approval for specific equipment items, requests with justifications shall be sent to the K/T AAA. Such items must also be included in Contractor's approved budgets. Please note an approved budget is not approval for equipment purchase.

F. Indirect Costs

1. The maximum reimbursement amount allowable for indirect costs is ten percent (10%) of the Contractor's and/or Subcontractor's Modified Total Direct Costs (MTDC), excluding in-kind contributions and nonexpendable equipment, unless there is an accepted negotiated rate. [45 CFR 75.414 (c) (1) and (f)]. Indirect costs shall not exceed 10% of the Contractor's MTDC per funding category.

2. Contractors requesting reimbursement for indirect costs shall retain on file an approved indirect cost rate or an allocation plan documenting the methodology used to determine the indirect costs.

3. For major Institutes of Higher Education and major nonprofit organizations, indirect costs must be classified within two broad categories: "Facilities" and "Administration." "Facilities" is defined as depreciation on buildings, equipment and capital improvement, interest on debt associated with certain buildings, equipment and capital improvements, and operations and maintenance expenses."Administration" is defined as general administration and general expenses such as the director's office, accounting, personnel and all other types of expenditures not listed specifically under one of the subcategories of "Facilities"

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Kings/Tulare Area Agency on Aging 20 Agreement No: IF 23/24-05 (including cross allocations from other pools, where applicable). [45 CFR

75.414(a)]
ARTICLE IV. PROGRAM SPECIFIC BUDGET AND BUDGET REVISION A. The original Contract budget is due electronically to the K/T AAA no later than thirty (30) days from the date of the transmission of the Budget Display and Contract.

B. The final date to submit a revised budget shall be no later than sixty (75) days prior to the end of the Contract period unless otherwise specified by K/T AAA.

C. Funds made available under this agreement shall supplement, and not supplant, any federal, State, or local funds expended by a State or unit of general-purpose local government.

D. Categorical Budget Transfers
The Contractor may transfer contract funds between budget categories (Direct Costs, Administration, Indirect Costs and Contractual Costs) under the following terms and conditions:

1. The Contractor shall submit a revised budget to K/T AAA when one or the cumulative categorical budget transfers exceeds twenty-five percent (25%) of the total budget.

2. The Contractor shall maintain a written record of all budget changes and clearly document all budget changes. Such record shall include the date, amount, and purpose of the transfer. This record shall be available to K/T AAA upon request and shall be maintained in the same manner as all other financial records of the Contractor.

ARTICLE V. PAYMENTS
The K/T AAA shall reimburse Contractor with Dignity at Home Fall Prevention, Older Californians Nutrition Program and Intergenerational Activities, Family Caregiver Support, and Senior Legal Services funding that has been appropriated, designated, encumbered, or otherwise made available for payment by the K/T AAA under this Agreement. The following applies to all funding within this Agreement:

A. The Contractor shall submit monthly expenditures in an electronic format no later than the last business day of each month unless otherwise specified by K/T AAA, reporting costs and funding for the month prior.

B. Payments will be made to reimburse monthly expenditures reported. K/T AAA shall process and approve reported expenditures that are based upon actual, not estimated expenditures. K/T AAA shall notify the Contractor of any disputed expenditures.

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Kings/Tulare Area Agency on Aging 21 Agreement No: IF 23/24-05 C. Contractors shall notify K/T AAA if they wish to be on a reimbursement or advanced payment.

1. If Contractor requests reimbursement payment, K/T AAA shall not advance onesixth of the approved total allocated budget amount for the initial month of the contract. Payments shall be based on monthly expenditure reports as outlined in this section.

2. If Contractor requests an advance payment, K/T AAA shall advance one-sixth of the approved total allocated budget amount for the initial month of the contract.

Future payments shall be based on monthly expenditure reports as outlined in this section.

D. The Contractor shall submit timely expenditures to K/T AAA. Late expenditures may lead to a delay in payment until the following month.

E. Upon written request by K/T AAA, Contractor shall submit additional documentation or justification to support the reported expenditure.

F. Contractor shall be charged $75 per program funding source(s) for expedited payments to recover the fees charged by the State Controller's Office. K/T AAA may waive the fees on a case-by-case basis as appropriate.

1. Expedite Fees
a. If the contract is executed late to no fault of K/T AAA then the contractor may be liable for the incurred processing fees.
b. If the contract is executed late due to K/T AAA's handling then K/T AAA shall cover the incurred processing fees.

ARTICLE VI. CLOSEOUT
A. Separate Financial Closeout Reports for Dignity at Home Fall Prevention, Older Californians Nutrition Program and Intergenerational Activities, Family Caregiver Support, and Senior Legal Services funding and the Program Property Inventory Certification (CDA 9024) shall be submitted when either the total contract allocation has been expended, or 30 days after the expiration of this Agreement, whichever is earlier.

B. Final expenditures must be reported to K/T AAA in accordance with the Budget Display in Exhibit B. If the expenditures reported by the Contractor exceed the advanced amount, K/T AAA will reimburse the difference to the Contractor up to the contract amount. If the expenditures reported by the Contractor are less than the advanced amount, K/T AAA will invoice the Contractor for the unspent funds.

The payment on the invoice is due immediately upon receipt or no later than 30 days from the date on the invoice.

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Kings/Tulare Area Agency on Aging 22 Agreement No: IF 23/24-05 EXHIBIT C: Special Terms and Conditions
ARTICLE I. DEFINITIONS AND RESOLUTIONS OF LANGUAGE CONFLICTS A. General Definitions

1. "Agreement" or "Contract" means the Standard Agreement (Std. 213), Exhibits A, B, C, D and E, an approved Budget Display as identified in Exhibit B, and if applicable, a Work Plan or Budget Summary, which are hereby incorporated by reference, amendments, and any other documents incorporated by reference; unless otherwise provided for in this Article.

2. "Contractor'' means the Valley Adult Day Services (VADS) awarded funds under this Agreement and is accountable to the State and/or federal government for use of these funds and is responsible for executing the provisions for services provided under this Agreement.

3. "CCR" means California Code of Regulations.

4. "CFR" means Code of Federal Regulations.

5. "DUNS" means the nine-digit, Data Universal Numbering System number established and assigned by Dun and Bradstreet, Inc., to uniquely identify business entities.

6. "Cal. Gov. Code" means California Government Code.

7. "OMB" means the federal Office of Management and Budget.

8. "Cal. Pub. Con. Code" means the California Public Contract Code.

9. "Cal. Civ. Code" means California Civil Code

10. "Reimbursable item" also means "allowable cost" and "compensable item."

11. "Subcontractor'' means the legal entity that receives funds from the Contractor to carry out part of a federal award identified in this Agreement.

12. "Subcontract" means any form of legal agreement between the Contractor and the Subcontractor, including an agreement that the Contractor considers a contract, including vendor type Agreements for providing goods or services under this Agreement.

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Kings/Tulare Area Agency on Aging 23 Agreement No: IF 23/24-05

13. "Vendor" means an entity selling goods or services to the Contractor or Subcontractor during the Contractor or Subcontractor's performance of the Agreement.

14. "USC" means United States Code.

15. "HHS" means United States Department of Health and Human Services.

16. "OAA" means Older Americans Act.

17. "Allocation" means the process of assigning a cost, or a group of costs, to one or more cost objective(s), in reasonable proportion to the benefit provided or other equitable relationship. The process may entail assigning a cost(s) directly to a final cost objective or through one or more intermediate cost objectives. (2 CFR 200.4 and 45 CFR 75.2)

18. "Disallowed costs" means those charges determined to be unallowable, in accordance with the applicable Federal statutes, regulations, or the terms and conditions of the Federal award. (2 CFR 200.31 and 45 CFR 75.2)

19. "Recoverable cost" means the state and federal share of the questioned cost.

20. "Questioned Costs" means a cost that is questioned by the auditor because of an audit finding which resulted from a violation or possible violation of a statute, regulation, or the terms and conditions of a Federal award, including for funds used to match Federal funds; where the costs, at the time of the audit, are not supported by adequate documentation; or where the costs incurred appear unreasonable and do not reflect the actions a prudent person would take in the circumstances. (2 CFR 200.84 and 45 CFR 75.2).

B. Resolution of Language Conflicts
The terms and conditions of this federal award and other requirements have the following order of precedence, if there is any conflict in what they require:

1. The Grant Terms and Conditions.

2. The Older Americans Act and other applicable federal statutes and their implementing regulations.

3. If applicable, the Older Californians Act and other California State codes and regulations.

4. Standard Agreement (Std. 213), all Exhibits and any amendments thereto.

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Kings/Tulare Area Agency on Aging 24 Agreement No: IF 23/24-05

5. Any other documents incorporated herein by reference including, if applicable, the federal HHS terms and conditions found in Part II of the HHS Grant Policy Statement. The HHS Grant Policy Statement is available under the HHS Policy Requirements Topic at https://www.hhs.gov/grants/grants/grants-policiesregulations/index.html

6. Program memos and other guidance issued by K/T AAA.

ARTICLE II. ASSURANCES
A. Law, Policy and Procedure. Licenses. and Certificates The Contractor agrees to administer this Agreement and require any subcontractors to administer their subcontracts in accordance with this Agreement, and with all applicable local, State, and federal laws and regulations including, but not limited to, discrimination, wages and hours of employment, occupational safety, and to fire, safety, health, and sanitation regulations, directives, guidelines, and/or manuals related to this Agreement and resolve all issues using good administrative practices and sound judgment. The Contractor and its subcontractors shall keep in effect all licenses, permits, notices, and certificates that are required by law.

B. Subcontracts
The Contractor shall require language in all subcontracts to require all subcontractors to comply with all applicable State and federal laws.

C. Nondiscrimination
The Contractor shall comply with all federal statutes relating to nondiscrimination. These include those statutes and laws contained in the Contractor Certification Clauses (CCC 307), which is hereby incorporated by reference. In addition, the Contractor shall comply with the following:

1. Equal Access to Federally-Funded Benefits, Programs and Activities. a. The Contractor shall ensure compliance with Title VI of the Civil Rights Act of 1964 [42 USC 2000d; 45 CFR 80], which prohibits recipients of federal financial assistance from discriminating against persons based on race, color, religion, or national origin.

2. Equal Access to State-Funded Benefits, Programs and Activities. a. The Contractor shall, unless exempted, ensure compliance with the requirements of Cal. Gov. Code§ 11135 et seq., and 2 CCR§ 11140 et seq., which prohibit recipients of state financial assistance from discriminating against persons based on race, national origin, ethnic group

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Kings/Tulare Area Agency on Aging 25 Agreement No: IF 23/24-05 identification, religion, age, sex, sexual orientation, color, or disability. [22 CCR§ 98323]

3. California Civil Rights Laws
a. The Contractor shall, ensure compliance with the requirements of California Public Contract Code § 2010 by submitting a completed California Civil Rights Laws Certification, prior to execution of this Agreement. The certificate is available at:
**********.dgs.ca.gov/ols/Forms.aspx
b. The California Civil Rights Laws Certification ensures Contractor compliance with the Unruh Civil Rights Act (Cal. Civ. Code§ 51) and the Fair Employment and Housing Act (Cal. Gov. Code§ 12960), and ensures that Contractor internal policies are not used in violation of California Civil Rights Laws.

4. The Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. [42 USC 12101 et seq.]

5. The Contractor agrees to include these requirements in all contracts it enters into with subcontractors to provide services pursuant to this Agreement.

D. Standards of Work
The Contractor agrees that the performance of work and services pursuant to the requirements of this Agreement shall conform to accepted professional standards.

E. Conflict of Interest.

1. The Contractor shall prevent employees, consultants, or members of governing bodies from using their positions for purposes including, but not limited to, the selection of subcontractors, that are, or give the appearance of being, motivated by a desire for private gain for themselves or others, such as family, business, or other ties. In the event that the State determines that a conflict of interest exists, any increase in costs associated with the conflict of interest may be disallowed by the State and such conflict may constitute grounds for termination of the Agreement.

2. This provision shall not be construed to prohibit employment of persons with whom the Contractor's officers, agents, or employees have family, business, or other ties, so long as the employment of such persons does not result in a conflict of interest (real or apparent) or increased costs over those associated with the employment of any other equally qualified applicant, and such persons have successfully competed for employment with the other applicants on a merit basis.

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Kings/Tulare Area Agency on Aging 26 Agreement No: IF 23/24-05 F. Covenant Against Contingent Fees

1. The Contractor warrants that no person or selling agency has been employed or retained to solicit this Agreement. There has been no agreement to make commission payments in order to obtain this Agreement.

2. For breach or violation of this warranty, K/T AAA shall have the right to terminate this Agreement without liability or at its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingency fee.

G. Payroll Taxes and Deductions
The Contractor shall promptly forward payroll taxes, insurances, and contributions, including State Disability Insurance, Unemployment Insurance, Old Age Survivors Disability Insurance, and federal and State income taxes withheld, to designated governmental agencies as required by law.

H. Facility Construction or Repair
This section applies only to Title Ill funds and not to other funds allocated to other Titles under the OAA. Title Ill funds may be used for facility construction or repair.

1. When applicable for purposes of construction or repair of facilities, the Contractor shall comply with the provisions contained in the following and shall include such provisions in any applicable agreements with subcontractors:
a. Copeland "Anti-Kickback" Act. [18 USC 874, 40 USC 3145][29 CFR 3] b. Davis-Bacon Act. [40 USC 3141 et seq.] [29 CFR 5]
c. Contract Work Hours and Safety Standards Act. [40 USC 3701 et seq.] [29 CFR 5, 6, 7, 8]
d. Executive Order 11246 of September 14, 1965, entitled "Equal Employment Opportunity" as amended by Executive Order 11375 of October 13, 1967, as supplemented in Department of Labor Regulations. [41 CFR 60]

2. Payments are not permitted for construction, renovation, alteration, improvement, or repair of privately-owned property which would enhance the owner's value of such property except where permitted by law and by K/T AAA.

3. When funding is provided for construction and non-construction activities, the Contractor must obtain prior written approval from K/T AAA before making any fund or budget transfers between construction and non-construction.

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Kings/Tulare Area Agency on Aging 27 Agreement No: IF 23/24-05 I. Contracts in Excess of $100,000
If all funding provided herein exceeds $100,000, the Contractor shall comply with all applicable orders or requirements issued under the following laws:

1. Federal Water Pollution Control Act, as amended. [33 USC 1251 et seq.]

2. Environmental Protection Agency Regulations. [40 CFR 29] [Executive Order 11738]

3. Clean Air Act, as amended. [42 USC 7401]

4. State Contract Act [Cal. Pub. Con. Code §10295 et seq.]

5. Unruh Civil Rights Act [Cal. Pub. Con. Code§ 2010]
J. Debarment, Suspension, and Other Responsibility Matters

1. The Contractor certifies to the best of its knowledge and belief, that it and its subcontractors:
a. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency.
b. Have not, within a three-year period preceding this Agreement, been convicted of, or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction or contract under a public transaction; violation of federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.
c. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification. d. Have not, within a three-year period preceding this Agreement, had one or more public transactions (federal, State, or local) terminated for cause or default.

2. The Contractor shall report immediately to K/T AAA in writing, any incidents of alleged fraud and/or abuse by either the Contractor or subcontractors.

3. The Contractor shall maintain any records, documents, or other evidence of fraud and abuse until otherwise notified by K/T AAA.

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Kings/Tulare Area Agency on Aging 28 Agreement No: IF 23/24-05

4. The Contractor agrees to timely execute any and all amendments to this Agreement or other required documentation relating to the Subcontractor's debarment/suspension status.

K. Agreement Authorization

1. If a public entity, the Contractor shall submit to K/T AAA a copy of an approved resolution, order, or motion referencing this Agreement number authorizing execution of this Agreement. If a private nonprofit entity, the Contractor shall submit to K/T AAA an authorization by the Board of Directors to execute this Agreement, referencing this Agreement number.

2. These documents, including minute orders must also identify the action taken.

L. Contractor's Staff

1. The Contractor shall maintain adequate staff to meet the Contractor's obligations under this Agreement.

2. This staff shall be available to the State for training and meetings which the State may find necessary from time to time.

M. Corporate Status

1. The Contractor shall be a public entity, private nonprofit entity, or Joint Powers Authority (JPA). If a private nonprofit corporation or JPA, the Contractor shall be in good standing with the Secretary of State of California and shall maintain that status throughout the term of this Agreement.

2. The Contractor shall ensure that any subcontractors providing services under this Agreement shall be of sound financial status.

3. Any subcontracting private entity or JPA shall be in good standing with the Secretary of State of California and shall maintain that status throughout the term of this Agreement.

4. Failure to maintain good standing by the contracting entity shall result in suspension or termination of this Agreement with K/T AAA until satisfactory status is restored. Failure to maintain good standing by a subcontracting entity shall result in suspension or termination of the subcontract by the Contractor until satisfactory status is restored.

N. Lobbying Certification
The Contractor, by signing this Agreement, hereby certifies to the best of its knowledge and belief, that:

1. No federally appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or

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Kings/Tulare Area Agency on Aging 29 Agreement No: IF 23/24-05 employee of any agency; a Member of Congress; an officer or employee of Congress; or an employee of a Member of Congress; in connection with the awarding of any federal contract; the making of any federal grant; the making of any federal loan; the entering into of any cooperative agreement; and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.

3. The Contractor shall require that the language of this certification be included in the award documents for all subcontracts at all tiers (including contracts under grants, loans, and cooperative agreements which exceed$100,000) and that all subcontractors shall certify and disclose accordingly.

4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.

5. This certification is a prerequisite for making or entering into this transaction imposed by 31 USC 1352.

6. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

O. The Contractor and its Subcontractor/Vendors shall comply with Governor's Executive Order 2-18-2011, which bans expenditures on promotional and marketing items colloquially known as "S.W.A.G." or "Stuff We All Get." ARTICLE III. COMMENCEMENT OF WORK
Should the Contractor or subcontractor begin work in advance of receiving notice that this Agreement is approved, that work may be considered as having been performed at risk as a volunteer and may not be reimbursed or compensated.

ARTICLE V. SUBCONTRACTS
A. The Contractor is responsible for carrying out the terms of this Agreement, including the satisfaction, settlement, and resolution of all administrative, programmatic, and fiscal aspects of the program(s), including issues that arise out of any subcontracts, and shall not delegate or contract these responsibilities to any other entity. This includes, but is not limited to, disputes, claims, protests of award, or other matters of a contractual nature.

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Kings/Tulare Area Agency on Aging 30 Agreement No: IF 23/24-05 The Contractor's decision is final and the Subcontractor has no right of appeal to K/T AAA.

B. The Contractor shall, in the event any subcontractor is utilized by the Contractor for any portion of this Agreement, retain the prime responsibility for all the terms and conditions set forth, including but not limited to, the responsibility for preserving the State's copyrights and rights in data in accordance with Article XIX of this Exhibit, for handling property in accordance with Article VII. of this Exhibit, and ensuring the keeping of, access to, availability of, and retention of records of subcontractors in accordance with Article VI. of this Exhibit.

C. The Contractor shall not obligate funds for this Agreement in any subcontracts for services beyond the ending date of this Agreement.

D. The Contractor shall have no authority to contract for, or on behalf of, or incur obligations on behalf of the K/T AAA.

E. The Contractor shall maintain on file copies of subcontracts, memorandums and/or Letters of Understanding which shall be made available for review at the request of K/T AAA.

F. The Contractor shall monitor the insurance requirements of its subcontractors in accordance with Article XI of this Exhibit.

G. The Contractor shall require language in all subcontracts to require all subcontractors to indemnify, defend, and save harmless the Contractor, its officers, agents, and employees from any and all claims and losses accruing to or resulting from any subcontractors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with any activities performed for which funds from this Agreement were used and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the Subcontractor(s) in the performance of this Agreement.

H. The Contractor shall ensure that the Subcontractor will complete all reporting and expenditure documents requested by K/T AAA. These reporting and expenditure documents shall be sent to the Contractor in a timely manner and at intervals as determined by K/T AAA.

I. The Contractor shall, prior to the awarding of a subcontract to any for-profit entity, submit the following to K/T AAA for review and approval:

1. The Request for Proposal (RFP) or Invitation for Bid.

2. All bid proposals received.

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Kings/Tulare Area Agency on Aging 31 Agreement No: IF 23/24-05

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

4. Description and documentation of dissemination of information concerning the RFP to elicit adequate competition. [22 CCR 7356]
Where a program may be subcontracted to a for-profit organization, the Contractor should include in its contract with the for-profit entity, a requirement for performance of a program-specific audit of the subcontracted program by an independent audit firm.

J. The Contractor shall require all subcontractors to maintain adequate staff to meet the Subcontractor's Agreement with the Contractor. This staff shall be available to the K/T AAA for training and meetings which the K/T AAA may find necessary from time to time.

K. If a private nonprofit corporation, the Subcontractor shall be in good standing with the Secretary of State of California and shall maintain that status throughout the term of the Agreement.

L. The Contractor shall refer to 2 CFR 200.330, Subpart D - Subrecipient and Contractor Determinations and 45 CFR 75.351, Subpart D - Subrecipient and Contractor Determinations in making a determination if a subcontractor relationship exists. If such a relationship exists, then the Contractor shall follow the procurement requirements in the applicable 0MB Circular.

M. The Contractor shall utilize procurement procedures as follows:

1. The Contractor shall obtain goods and services through open and competitive awards.

Each Contractor shall have written policies and procedures, including application forms, for conducting an open and competitive process, and any protests resulting from the process.

2. For goods and services purchased with Title Ill or Title VII funds, the procurement procedures must include, at a minimum, the requirements set forth in 22 CCR 7352.

The only exception is contained in 22 CCR 7360(a). The Contractor issuing a noncompetitive award must comply with 22 CCR 7360(b)-(d).

ARTICLE VI. RECORDS
A. The Contractor shall maintain complete records which shall include, but not be limited to, accounting records, contracts, agreements, a reconciliation of the "Financial Closeout Report" to the audited financial statements, single audit report, and general ledgers, and a summary worksheet identifying the results of performing an audit resolution of its subcontractors in accordance with Article X. of this Exhibit. This includes the following:

Letters of Agreement, insurance documentation, memorandums and/or Letters of Understanding, patient or client records, and electronic files of its activities and

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Kings/Tulare Area Agency on Aging 32 Agreement No: IF 23/24-05 expenditures hereunder in a form satisfactory to K/T AAA. All records pertaining to this Agreement must be made available for inspection and audit by the K/T AAA or its duly authorized agents, at any time during normal business hours.

B. All such records, including confidential records, must be maintained and made available by the Contractor: (1) until an audit has occurred and an audit resolution has been issued or unless otherwise authorized in writing by K/T AAA, (2) for such longer period, if any, as is required by applicable statute, by any other clause of this Agreement, or by Sections A and C of this Article, and (3) for such longer period as K/T AAA deems necessary.

C. If this Agreement is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for the same periods as specified in Section A above. The Contractor shall ensure that any resource directories and all client records remain the property of K/T AAA upon termination of this Agreement, and are returned to K/T AAA or transferred to another contractor as instructed by K/T AAA.

D. In the event of any litigation, claim, negotiation, audit exception, or other action involving the records, all records relative to such action shall be maintained and made available until every action has been cleared to the satisfaction of the K/T AAA and is so stated in writing to the Contractor.

E. Adequate source documentation of each transaction shall be maintained relative to the allowability of expenditures reimbursed by the State under this Agreement. If the allowability of expenditures cannot be determined because records or documentation of the Contractor are nonexistent or inadequate according to guidelines set forth in 2 CFR 200.302 and 45 CFR 75.302, the expenditures will be questioned in the audit and may be disallowed by K/T AAA during the audit resolution process.

F. All records containing confidential information shall be handled in a confidential manner in accordance with the requirements for information integrity and security, and in accordance with guidelines set forth in this Article, and Article XVIII. After the authorized period has expired, confidential records shall be shredded and disposed of in a manner that will maintain confidentiality.

ARTICLE VII. PROPERTY
A. Unless otherwise provided for in this Article, property refers to all assets used in operation of this Agreement.

1. Property includes land, buildings, improvements, machinery, vehicles, furniture, tools, and intangibles, etc.

2. Property does not include consumable office supplies such as paper, pencils, toner cartridges, file folders, etc.

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Kings/Tulare Area Agency on Aging 33 Agreement No: IF 23/24-05 B. Property acquired under this agreement, which meets any of the following criteria is subject to the reporting requirements:

1. Has a normal useful life of at least one (1) year and has a unit acquisition cost of at least $5,000 (a desktop or laptop setup, is considered a unit, if purchased as a unit).

2. All computing devices, regardless of cost (including but not limited to, workstations, servers, laptops, personal digital assistants, notebook computers, tablets, smartphones and cellphones).

3. All Portable electronic storage media, regardless of cost (including but not limited to, thumb/flash drives and portable hard drives).

C. Additions, improvements, and betterments to assets meeting all of the conditions in Section B above must also be reported. Additions typically involve physical extensions of existing units. Improvements and betterments typically do not increase the physical size of the asset. Instead, improvements and betterments enhance the condition of an asset (e.g., extend life, increase service capacity, and lower operating costs). Examples of assets that might be improved and bettered include roads, bridges, curbs and gutters, tunnels, parking lots, streets and sidewalks, drainage, and lighting systems.

D. Intangibles are property which lack physical substance but give valuable rights to the owner. Examples of intangible property include patents, copyrights, leases, and computer software. By contrast, hardware consists of tangible equipment (e.g., computer printer, terminal, etc.). Costs include all amounts incurred to acquire and to ready the intangible asset for its intended use. Typical intangible property costs include the purchase price, legal fees, and other costs incurred to obtain title to the asset.

E. The Contractor shall keep track of property purchased with funds from this Agreement that meet the requirements as defined in Exhibit D, Article VII, item B, and submit to K/T AAA a Property Acquisition Form (CDA 9023) for all property furnished or purchased by either the Contractor or the Subcontractor with funds awarded under the terms of this Agreement, as instructed by the K/T AAA. The Contractor shall certify their reported property inventory annually with the Closeout by completing the Program Property Inventory Certification (CDA 9024), unless further restricted by Exhibit E, where applicable.

The Contractor shall record, at minimum, the following information when property is acquired.

1. Date acquired.

2. Item description (include model number).

3. CDA tag number.

4. Serial number (if applicable).

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5. Purchase cost or other basis of valuation.

6. Fund source
F. Disposal of Property

1. Prior to disposal of any property purchased by the Contractor or the Subcontractor with funds from this Agreement or any predecessor Agreement, the Contractor must obtain approval from K/T AAA for all reportable property as defined in Section B of this Article. Disposition, which includes sale, trade-in, discarding, or transfer to another agency may not occur until approval is received from K/T AAA. The Contractor shall submit to K/T AAA a Request to Dispose of Property.

K/T AAA will then instruct the Contractor on disposition of the property.

2. The Contractor must remove all confidential, sensitive, or personal information from K/T AAA property prior to disposal, including removal or destruction of data on computing devices with digital memory and storage capacity. This includes, but is not limited to magnetic tapes, flash drives, personal computers, personal digital assistants, cell or smart phones, multi-function printers, and laptops.

G. Any loss, damage, or theft of equipment shall be investigated, fully documented and the Contractor shall promptly notify K/T AAA.

H. The K/T AAA reserves title to all K/T AAA-purchased or financed property not fully consumed in the performance of this Agreement, unless otherwise required by federal law or regulations or as otherwise agreed by the parties.

I. The Contractor shall exercise due care in the use, maintenance, protection, and preservation of such property during the period of the project, and shall assume responsibility for replacement or repair of such property during the period of the project, or until the Contractor has complied with all written instructions from K/T AAA regarding the final disposition of the property.

J. In the event of the Contractor's dissolution or upon termination of this Agreement, the Contractor shall provide a final property inventory to the K/T AAA. The K/T AAA reserves the right to require the Contractor to transfer such property to another entity, or to the K/T AAA.

K. To exercise the above right, no later than one hundred twenty (120) days after termination of this Agreement or notification of the Contractor's dissolution, the K/T AAA will issue specific written disposition instructions to the Contractor.

L. The Contractor shall use the property for the purpose for which it was intended under the Agreement. When no longer needed for that use, the Contractor shall use it, if needed, and with written approval of the State for other purposes in this order:

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1. For another K/T AAA program providing the same or similar service.

2. For another K/T AAA-funded program.

M. The Contractor may share use of the property and equipment or allow use by other programs, upon written approval from K/T AAA. As a condition of the approval, K/T AAA may require reimbursement under this Agreement for its use.

N. The Contractor or subcontractors shall not use equipment or supplies acquired under this Agreement with federal and/or State monies for personal gain or to usurp the competitive advantage of a privately-owned business entity.

O. If purchase of equipment is a reimbursable item, the equipment to be purchased will be specified in the Budget Summary.

P. The Contractor shall include the provisions contained in this Article in all its subcontracts awarded under this Agreement.

ARTICLE VIII. ACCESS
The Contractor shall provide access to the K/T AAA, federal or State contracting agency, the California State Auditor, the Comptroller, General of the United States, or any of their duly authorized federal or State representatives to any books, documents, papers, and records of the Contractor or subcontractor which are directly pertinent to this specific Agreement for the purpose of making an audit, examination, excerpts, and transcriptions. The Contractor shall include this requirement in its subcontracts.

ARTICLE IX. MONITORING AND EVALUATION
A. K/T AAA representatives shall have the right to monitor and evaluate the Contractor's administrative, fiscal and program performance pursuant to this Agreement. Said monitoring and evaluation may include, but is not limited to, administrative processes, fiscal, data and procurement components. This will include policies, procedures, procurement, audits, inspections of project premises, interviews of project staff and participants, and when applicable, inspection of food preparation sites.

B. The Contractor shall cooperate with the State in the monitoring and evaluation processes, which include making any administrative, program and fiscal staff available during any scheduled process.

C. The Contractor shall monitor contracts and subcontracts to ensure compliance with laws, regulations, and the provisions of contracts that may have a direct and/or material effect on each of its K/T AAA funded programs.

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Kings/Tulare Area Agency on Aging 36 Agreement No: IF 23/24-05 D. The Contractor is responsible for maintaining supporting documentation including financial and statistical records, contracts, subcontracts, monitoring reports, and all other pertinent records until an audit has occurred and an audit resolution has been issued or unless otherwise authorized in writing by K/T AAA.

ARTICLE X. AUDIT REQUIREMENTS
A. General

1. Any duly authorized representative of the federal or State government, which includes but is not limited to the State Auditor, CDA Staff, and any entity selected by State to perform inspections, shall have the right to monitor and audit Contractor and all subcontractors providing services under this Agreement through on-site inspections, audits, and other applicable means the State determines necessary. In the event that CDA is informed of an audit by an outside federal or State government entity affecting the Contractor, CDA will provide timely notice to Contractor

2. Contractor shall make available all reasonable information necessary to substantiate that expenditures under this agreement are allowable and allocable, including, but not limited to accounting records, vendor invoices, bank statements, cancelled checks, bank/credit card statements, contracts and agreements, employee time sheets, purchase orders, indirect cost allocation plans..

Contractor shall agree to make such information available to the federal government, the State, or any of their duly authorized representatives, including representatives of the entity selected by State to perform inspections, for examination, copying, or mechanical reproduction, on or off the premises of the appropriate entity upon a reasonable request.

3. All agreements entered into by Contractor and subcontractors with audit firms for purposes of conducting independent audits under this Agreement shall contain a clause permitting any duly authorized representative of the federal or State government access to the supporting documentation of said audit firm(s).

4. The Contractor shall cooperate with and participate in any further audits which may be required by the State, including CDA fiscal and compliance audits.

B. CDA Fiscal and Compliance Audits

1. The CDA Audits and Risk Management Branch shall perform fiscal and compliance audits of Contractors in accordance with Generally Accepted Government Auditing Standards (GAGAS) to ensure compliance with applicable laws, regulations, grants, and contract requirements.

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2. The CDA fiscal and compliance audits may include, but not be limited to, a review of:
a.Financial closeouts (2 CFR 200.1 and 45 CFR 75.2)
b.Internal controls (2 CFR 200.303 and 45 CFR 75.303)
c.Allocation of expenditures (2 CFR 200.1 and 45 CFR 75.2) d.Allowability of expenditures (2 CFR 200.403 and 45 CFR 75.403) e.Equipment expenditures and approvals, if required (2 CFR 200.439 and 45 CFR 75.439)
C. Single Audit Reporting Requirements

1. Contractor Single Audit Reporting Requirements
a. All contractors shall arrange for an audit to be performed. A copy shall be submitted to the:

Kings/Tulare Area Agency on Aging
5957 S Mooney Blvd.

Visalia CA 93277
b. The copy shall be submitted within thirty (30) days after receipt of the Auditor’s report or nine (9) months after the end of the audit period, whichever occurs first, or unless a longer period is agreed to in advance by the cognizant or oversight agency.
c. For purposes of reporting, the Contractor shall ensure that State-funded expenditures are displayed discretely along with the related federal expenditures in the single audit report’s “Schedule of Expenditures of Federal Awards” (SEFA) under the Catalog of Federal Domestic Assistance (CFDA) number.
d. For State contracts that do not have CFDA numbers, the Contractor shall ensure that the State-funded expenditures are discretely identified in the SEFA by the appropriate program name, identifying grant/contract number, and as passed through CDA.

2. The Contractor shall perform a reconciliation of the “Financial Closeout Report” to the audited financial statements, single audit, and general ledgers. The reconciliation shall be maintained and made available for CDA review.

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3. Contract Resolution of Contractor’s Subrecipients
The Contractor shall have the responsibility for resolving its contracts with subcontractors to determine whether funds provided under this Agreement are expended in accordance with applicable laws, regulations, and provisions of contracts or agreements. The Contractor shall, at a minimum, perform Contract resolution within fifteen (15) months of the "Financial Closeout Report."

4. The Contractor shall ensure that subcontractor single audit reports meet 2 CFR 200 and 45 CFR 75, Subparts F-Audit Requirements

5. Contract resolution includes:
a. Issuing a management decision on audit findings within six (6) months after receipt of the Subcontractor’s single audit report and ensuring that the Subcontractor takes appropriate and timely corrective action. b. Reconciling expenditures reported to the Contractor to the amounts identified in the single audit or other type of audit if the Subcontractor was not subject to the single audit requirements. For a subcontractor who was not required to obtain a single audit and did not obtain another type of audit, the reconciliation of expenditures reported to CDA must be accomplished through performing alternative procedures (e.g., risk assessment [2 CFR 200.331 and 45 CFR 75.352], documented review of financial statements, and documented expense verification, including match, etc.).

6. When alternative procedures are used, the Contractor shall perform financial management system testing, which provides, in part, for the following:
a. Accurate, current, and complete disclosure of the financial results of each federal award or program.
b. Records that identify adequately the source and application of funds for each federally funded activity.
c. Effective control over, and accountability for, all funds, property, and other assets to ensure these items are used solely for authorized purposes.
d. Comparison of expenditures with budget amounts for each federal award.

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Kings/Tulare Area Agency on Aging 39 Agreement No: IF 23/24-05 e. Written procedures to implement the requirements of 2 CFR 200.305. f. Written procedures for determining the allowability of costs in accordance with 2 CFR Part 200 and 45 CFR Part 75, Subparts E - Cost Principles.[2 CFR 200.302 and 45 CFR 75.302]
g. The Contractor shall document system and expense testing to show an acceptable level of reliability, including a review of actual source documents.
h. Determining whether the results of the reconciliations performed necessitate adjustment of the Contractor’s own records.

7. The Contractor shall ensure that subcontractor single audit reports meet 2 CFR 200 and 45 CFR 75, Subparts F - Audit Requirements:
a. Performed timely – not less frequently than annually and a report submitted timely. The audit is required to be submitted within thirty (30) days after receipt of the Auditor’s report or nine (9) months after the end of the audit period, whichever occurs first. [2 CFR 200 512 and 45 CFR

75.512]
b. Properly procured – use procurement standards for auditor selection. [2 CFR 200.509 and CFR 75.509]
c. Performed in accordance with Generally Accepted Government Auditing Standards. [2 CFR 200.514 and 45 CFR 75.514]
d. All inclusive – includes an opinion (or disclaimer of opinion) of the financial statements; a report on internal control related to the financial statements and major programs; an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts; and the schedule of findings and questioned costs. [2 CFR 200.515 and 45 CFR 75.515]
e. Performed in accordance with provisions applicable to this program as identified in 2 CFR Part 200, and 45 CFR Part 75, Subpart F, Audit Requirements.

8. Requirements identified in Sections D and E of this Article shall be included in contracts with the Subcontractor. Further, the Subcontractor shall be required to include in its contract with the independent Auditor that the Auditor will comply

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Kings/Tulare Area Agency on Aging 40 Agreement No: IF 23/24-05 with all applicable audit requirements/standards; CDA shall have access to all audit reports and supporting work papers, and CDA has the option to perform additional work, as needed.

9. The Contractor shall prepare a summary worksheet of results from the contract resolutions performed of all subcontractors. The summary worksheet shall include, but not be limited to, contract amounts; amounts resolved; amounts of match verified, resolution of variances; recovered amounts; whether an audit was relied upon or the Contractor performed an independent expense verification review (alternative procedures) of the Subcontractor in making a determination; whether audit findings were issued; and, if applicable, issuance date of the management letter; and any communication or follow-up performed to resolve the findings.

10. A reasonably proportionate share of the costs of audits required by, and performed in, accordance with the Single Audit Act Amendments of 1996, as implemented by requirements of this part, are allowable. However, the following audit costs are unallowable:
a. Any costs when audits required by the Single Audit Act and 2 CFR 200 and 45 CFR 75, Subparts F – Audit Requirements have not been conducted or have been conducted but not in accordance therewith; and b. Any costs of auditing a non-federal entity that is exempted from having an audit conducted under the Single Audit Act and 2 CFR 200 and 45 CFR 75, Subparts F – Audit Requirements because its expenditures under federal awards are less than $750,000 during the non-federal entity’s fiscal year.

I. The costs of a financial statement audit of a non-federal entity that does not currently have a federal award may be included in the indirect cost pool for a cost allocation plan or indirect cost proposal.

II. Pass-through entities may charge federal awards for the cost of agreed-upon-procedures engagements to monitor subcontractors who are exempted from the requirements of the Single Audit Act and 2 CFR 200 and 45 CFR 75, Subparts F – Audit Requirements.

This cost is allowable only if the agreed-upon procedures engagements are conducted in accordance with Generally
Accepted Government Auditing Standards (GAGAS) attestation standards, paid for and arranged by the pass-through entity, and limited in scope to one or more of the following types of compliance requirements: activities allowed or not allowed;

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Kings/Tulare Area Agency on Aging 41 Agreement No: IF 23/24-05 allowable costs/cost principles; eligibility; and reporting.[2 CFR 200.425].

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

1. General liability of not less than $1,000,000 per occurrence for bodily injury and property damage combined. Higher limits may be required by the State in cases of higher than usual risks.

2. Comprehensive Automobile Liability Insurance, including non-owned auto liability, of $1,000,000 per occurrence for volunteers and paid employees providing services supported by this Agreement.

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

4. Professional liability of not less than $1,000,000 as it appropriately relates to the services rendered. Coverage shall include medical malpractice and/or Errors and Omissions Insurance.

B. The insurance will be obtained from an insurance company acceptable to the K/T AAA and the County of Tulare Risk Manager (or designee). The K/T AAA and the County of Tulare Risk Manager (or designee) must approve any deductible or self-insured retention that exceeds $100,000.

C. Evidence of insurance shall be in a form and content acceptable to K/T AAA and the County of Tulare Risk Manager (or designee) Insurance must be placed with insurers with a current rating given by A.M. Best and Company of no less than A(-) from a company admitted to do business in California. Any waiver of these standards is subject to approval by the K/T AAA and the County of Tulare Risk Manager (or designee).

D. The Contractor shall notify the K/T AAA within five (5) business days of any cancellation, non-renewal, or material change that affects required insurance coverage.

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Kings/Tulare Area Agency on Aging 42 Agreement No: IF 23/24-05 E. Insurance obtained through commercial carriers shall meet the following requirements:

1. Name K/T AAA and the County of Tulare, its officers, agents, employees and volunteers, individually and collectively, as additional insured by endorsement to the policy.

2. State that such insurance for additional insureds shall apply as primary insurance and any other insurance maintained by K/T AAA and the County of Tulare shall be excess.

3. K/T AAA shall be named as the certificate holder and K/T AAA’s address must be listed on the certificate.

F. The insurance provided herein shall be in effect at all times during the term of this Agreement. Coverage shall not be suspended, voided, canceled, reduced in coverage, or otherwise materially changed except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to K/T AAA and the County of Tulare, or ten (10) days written notice if the reason for cancellation is for non-payment of insurance premium. In the event the insurance coverage expires during the term of this Agreement, the Contractor agrees to provide the K/T AAA and the County of Tulare, at least thirty (30) days prior to the expiration date, a new certificate of insurance evidencing insurance coverage as provided here in for a period not less than the remaining agreement term or for a period not less than one (1) year. In the event the Contractor fails to keep in effect at all times said insurance coverage, the K/T AAA may, in addition to other remedies it may have, terminate this Agreement.

G. Contractor shall require its subcontractors or vendors under this Agreement, other than units of local government which are similarly self-insured, to maintain adequate insurance coverage for general liability, worker’s compensation liabilities, and if appropriate, auto liability including non-owned auto and professional liability, and further, the Contractor shall require its subcontractors and vendors to hold the Contractor harmless. The subcontractor’s Certificate of Insurance for general and auto liability shall also name the Contractor, not the K/T AAA, as the certificate holder and additional insured. The Contractor shall maintain certificates of insurance for all its subcontractors.

H. Prior to approval of this Agreement by the K/T AAA, the Contractor shall file with the K/T AAA and the County of Tulare, certificates of insurance with the original endorsements effecting coverage in a form acceptable to the K/T AAA. The K/T AAA and the County of Tulare reserves the right to require certified copies of all required insurance policies at any time.

I. The contractor shall be insured against liability for Worker’s Compensation or undertake self-insurance in accordance with the provisions of the Labor Code, and the Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement [Labor Code Section 3700].

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Kings/Tulare Area Agency on Aging 43 Agreement No: IF 23/24-05 The Certificate of Insurance for Workers Compensation must include a Waiver of Subrogation. CONTRACTOR waives all rights against K/T AAA and the County of Tulare and its agents, officers, and employees for recovery of damages to the extent these damages are covered by the workers compensation and employers liability by endorsement to the policy
ARTICLE XII. TERMINATION
A. Termination Without Cause
The K/T AAA may terminate performance of work under this Agreement in whole or in part, without cause, if the K/T AAA determines that a termination is in the K/T AAA’s interest. The K/T AAA may terminate the Agreement upon ninety (90) days written notice to the Contractor. The Notice of Termination shall specify the extent of the termination and shall be effective ninety (90) days from the delivery of the notice. The parties agree that if the termination of the contract is due to a reduction or deletion of funding by the Department of Finance (DOF), Legislature or Congress, the Notice of Termination shall be effective thirty (30) days from the delivery of the notice. The Contractor shall submit to the K/T AAA a Transition Plan as specified in Exhibit D. The parties agree that for the terminated portion of the Agreement, the remainder of Agreement shall be deemed to remain in effect and is not void.

B. Termination for Cause
The K/T AAA may terminate, in whole or in part, for cause the performance of work under this Agreement. The K/T AAA may terminate the Agreement upon thirty (30) days written notice to the Contractor. The Notice of Termination shall be effective thirty (30) days from the delivery of the Notice of Termination unless the grounds for termination are due to the threat to life, health or safety of the public and in that case the termination shall take effect immediately. The Contractor shall submit to the K/T AAA a Transition Plan as specified in Exhibit D. The grounds for termination for cause will include but are not limited to the following:

1. In case of threat of life, health or safety of the public, termination of the Agreement shall be effective immediately

2. A violation of the law or failure to comply with any condition of this Agreement

3. Inadequate performance or failure to make progress so as to endanger performance of this Agreement

4. Failure to comply with reporting requirements

5. Evidence that the Contractor is in an unsatisfactory financial condition as determined by an audit of the K/T AAA or evidence of a financial condition that endangers performance of this Agreement and/or the loss of other funding sources

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6. Delinquency in payment of taxes or payment of costs for performance of this Agreement in the ordinary course of business

7. Appointment of a trustee, receiver, or liquidator for all or a substantial part of the Contractor’s property, or institution of bankruptcy, reorganization or the arrangement of liquidation proceedings by or against the Contractor

8. Service of any writ of attachment, levy of execution, or commencement of garnishment proceedings against the Contractor’s assets or income

9. The commission of an act of bankruptcy

10. Finding of debarment or suspension

11. The Contractor’s organizational structure has materially changed

12. The K/T AAA determines that a Contractor may be considered a “high risk” agency as described in 45 CFR 92.12 local government and 45 CFR 74.14 for non-profit organizations. If such a determination is made, the Contractor may be subject to special conditions or restrictions.

C. Contractor’s Obligation After Notice of Termination
After receipt of a Notice of Termination; and except as directed by the K/T AAA, the Contractor shall immediately proceed with the following obligations, as applicable, regardless of any delay in determining or adjusting any funds due under this clause.

The Contractor shall:

1. Stop work as specified in the Notice of Termination.

2. Place no further subcontracts for materials, or services, except as necessary to complete the continued portion of the contract.

3. Terminate all subcontracts to the extent they relate to the work terminated.

4. Settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts (the approval or ratification of which will be final for purposes of this clause.

D. Effective Date
Termination of this Agreement shall take effect immediately in the case of an emergency such as threat to life, health, or safety of the public. The effective date for Termination with Cause or for funding reductions is thirty (30) days and Termination without Cause is

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Kings/Tulare Area Agency on Aging 45 Agreement No: IF 23/24-05 ninety (90) days subsequent to written notice to the Contractor. The notice shall describe the action being taken by the K/T AAA, the reason for such action and, any conditions of the termination, including the date of termination.

E. Voluntary Termination of Area Plan Agreement
Pursuant to 22 CCR 7210, the Contractor may voluntarily terminate its contract prior to its expiration either by mutual agreement with the K/T AAA or upon thirty (30) days written notice to the K/T AAA
In case of voluntary termination, the Contractor shall allow the K/T AAA up to 180 days to transition services. The Contractor shall submit a Transition Plan in accordance with Exhibit D of this agreement.

F. In the event of a termination the K/T AAA will present written notice to the Contractor of any condition such as, but not limited to, transfer of clients, care of clients, return of unspent funds, and disposition of property, which must be met prior to termination.

ARTICLE XIII. REMEDIES
The Contractor agrees that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the K/T AAA as a result of breach of this Agreement by the Contractor, whether such breach occurs before or after completion of the project.

ARTICLE XIV. DISSOLUTION OF ENTITY
The Contractor shall notify the K/T AAA immediately of any intention to discontinue existence of the entity or to bring an action for dissolution.

ARTICLE XV. AMENDMENTS, REVISIONS OR MODIFICATIONS
A. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed and approved as required by the K/T AAA amendment process. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties.

B. The K/T AAA reserves the right to revise, waive, or modify the Agreement to reflect any restrictions, limitations, or conditions, enacted by Congress or the Legislature or as directed by the Executive Branch of State Government.

ARTICLE XVI. NOTICES
A. Any notice to be given hereunder by either party to the other may be affected by personal delivery in writing or by registered or certified mail, overnight mail, postage prepaid, return receipt requested, or overnight mail, provided Contractor retains receipt, and shall be

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Kings/Tulare Area Agency on Aging 46 Agreement No: IF 23/24-05 communicated as of actual receipt.

B. Any notice given to the K/T AAA for a Contractor’s change of legal name, main address, or name of Director shall be addressed to the Director of the K/T AAA on the Contractor’s letterhead.

C. All other notices shall be addressed to the Kings/Tulare Area Agency on Aging, 5957 S.

Mooney Blvd, Visalia, California 93277. Notices mailed to the Contractor shall be to the address indicated on the coversheet of this Agreement.

D. Either party may change its address by written notice to the other party in accordance with this Article.

ARTICLE XVII. K/T AAA CONTACT
A. The K/T AAA will provide the Contractor with the name of the K/T AAA’s contact to request revisions, waivers, or modifications affecting this Agreement, upon full execution of this Agreement.

B. The Contractor shall designate an individual to serve as the primary point of contact for K/T AAA. Contractor shall notify K/T AAA when the primary contact will be unavailable/out of the office for one (1) or more workdays. Contractor or designee must respond to K/T AAA inquiries within two (2) K/T AAA business days.

ARTICLE XVIII. INFORMATION INTEGRITY AND SECURITY
A. Information Assets
The Contractor, and its Subcontractors/Vendors, shall have in place operational policies, procedures, and practices to protect State information assets including those assets used to store or access Personal Health Information (PHI), Personal Information (PI) and any information protected under the health Insurance Portability and Accountability Act (HIPAA), (i.e. public, confidential, sensitive and/or personal identifying information) herein referred to as Persona, Sensitive and Confidential Information (PSCI) as specified in State Administrative Manual, Section 5300-5365.3, GC Section 11019.9, Department of General Services (DGS) Management Memo 06-12, Department of Finance (DOF) Budget Letter (06-34), and Program Memorandum 07-18 Protection of Information Assets, and the Statewide Health Information Policy Manual.

Information assets may be in hard copy or electronic format and may include (but is not limited to):

1. Reports

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2. Notes

3. Forms

4. Computers, laptops, cell phones, printers, scanners

5. Networks (LAN, WAN WIFI) servers, switches, routers

6. Storage media, hard drives, flash drives, cloud storage

7. Data, applications, databases.

B. Encryption of Computing Devices
The Contractor, and its subcontractors/Vendors, are required to use 128-Bit encryption for PSCI data that is collected and stored on all computing devices (including but not limited to, workstations, servers, laptops, personal digital assistants, notebook computers and backup media) and/or portable electronic storage media (including but not limited to, discs, thumb/flash drives, portable hard drives, and backup media).

C. Disclosure

1. The Contractor, and its Subcontractors/Vendors, shall ensure that all PSCI is protected from inappropriate or unauthorized access or disclosure in accordance with applicable laws, regulations and State policies. The requirement to protect information shall remain in force until superseded by laws, regulations or policies.

2. The Contractor, and its Subcontractors/Vendors shall protect from unauthorized disclosure, PSCI such as names and other identifying information, concerning persons receiving services pursuant to this Agreement, except for statistical information not identifying any participant.

3. “Personal Identifying information” shall include, but not be limited to, name, identifying number, social security number, state driver’s license or state identification number, financial account numbers, symbol or other identifying characteristics assigned to the individual, such as finger or voice print or a photograph.

4. The Contractor, and its Subcontractors/Vendors, shall not use PSCI above for any purpose other than carrying out the Contractor’s obligations under this Agreement. The Contractor and its subcontractor are authorized to disclose and access identifying information for this purpose as required by the Older Americans Act.

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5. The Contractor, and its Subcontractors/Vendors, shall not, except as otherwise specifically authorized or required by this Agreement or court order, disclose any identifying information obtained under the terms of this Agreement to anyone other than the K/T AAA without prior written authorization from the K/T AAA.

The Contractor may be authorized, in writing, by a participant to disclose identifying information specific to the authorizing participant.

6. The Contractor, and its Subcontractors/Vendors may allow a participant to authorize the release of information to specific entities, but shall not request or encourage any participant to give a blanket authorization or sign a blank release, nor shall the Contractor accept such blanket authorization from any participant.

D. Security Awareness Training

1. The Contractor’s employees, Subcontractors/Vendors, and volunteers handling PSCI must complete the required CDA Security Awareness Training module located at https://aging.ca.gov/Information_security/ within thirty (30) days of the start date of the Contract/Agreement, within thirty (30) days of the start date of any new employee, Subcontractor, Vendor or volunteer’s employment and annually thereafter.

2. The Contractor must maintain certificates of completion on file and provide them to CDA upon request.

E. Health Insurance Portability and Accountability Act (HIPPA) The Contractor agrees to comply with the privacy and security requirements of HIPAA and ensure that Subcontractors/Vendors comply with the privacy and security requirements of HIPAA.

F. Information Integrity and Security Statement
Contractor shall be required to protect from unauthorized use or disclosure names and other identifying information concerning persons receiving services pursuant Government Code 11019.9 and to the contract, except for statistical information not identifying any participant. The Contractor shall not use or disclose any identifying information for any purpose other than carrying out the Contractor's obligations under the contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the contract.

G. Security Incident Reporting
A security incident occurs when CDA information assets are or reasonably believed to have been accessed, modified, destroyed, or disclosed without proper authorization, or are lost or stolen. The contractor and its Subcontractors/Vendors, must comply with

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Kings/Tulare Area Agency on Aging 49 Agreement No: IF 23/24-05 CDA’s security incident reporting procedure located at
***********.aging.ca.gov/ProgramsProviders/#Resources
H. Security Breach Notifications
Notice must be given by the Contractor, and/or its Subcontractors/Vendors to anyone whose PSCI could have been breached in accordance with HIPAA, the Information Practices Act of 1977, and State policy.

I. Software Maintenance
The Contractor, and its Subcontractors/Vendors, shall apply security patches and upgrades in a timely manner and keep virus software up-to-date on all systems on which State data may be stored or accessed.

J. Electronic Backups
The Contractor and its Subcontractors/Vendors, shall ensure that all electronic information is protected by performing regular backups of files and databases and ensure the availability of information assets for continued business. The Contractor, and its Subcontractors/Vendors, shall ensure that all data, files and backup files are encrypted..

K. Provisions of this Article
The provisions contained in this Article shall be included in all contracts of both the Contractor and its subcontractors.

ARTICLE XIX. COPYRIGHTS AND RIGHTS IN DATA
A. Copyrights

1. If any material funded by this Agreement is subject to copyright, the State and K/T AAA reserves the right to copyright such material and the Contractor agrees not to copyright such material, except as set forth in Section B of this Article.

2. The Contractor may request permission to copyright material by writing to the Director of the K/T AAA. The Director shall consent to or give the reason for denial to the Contractor in writing within sixty (60) days of receipt of the request.

3. If the material is copyrighted with the consent of the K/T AAA, the State reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, prepare derivative works, publish, distribute and use such materials, in whole or in part, and to authorize others to do so, provided written credit is given to the author.

4. The Contractor certifies that it has appropriate systems and controls in place to ensure that State funds will not be used in the performance of this contract for the

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Kings/Tulare Area Agency on Aging 50 Agreement No: IF 23/24-05 acquisition, operation, or maintenance of computer software in violation of copyright laws.

B. Rights in Data

1. The Contractor shall not publish or transfer any materials, as defined in item 2 below, produced or resulting from activities supported by this Agreement without the express written consent of the Director of the K/T AAA. That consent shall be given, or the reasons for denial shall be given and any conditions under which it is given or denied, within thirty (30) days after the written request is received by the K/T AAA. The K/T AAA may request a copy of the material for review prior to approval of the request. This subsection is not intended to prohibit Contractors from sharing identifying client information authorized by the participant or summary program information which is not client-specific.

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

3. Subject only to the provisions of this Exhibit, the K/T AAA may use, duplicate, or disclose in any manner, and have or permit others to do so subject to State and Federal law, all subject data delivered under this Agreement.

ARTICLE XX. BILINGUAL AND LINGUISTIC PROGRAM SERVICES
A. Needs Assessment

1. The Contractor will assist the K/T AAA in conducting a cultural and linguistic group-needs assessment of the eligible client population in the Contractor’s service area to assess the language needs of the population and determine what reasonable steps are necessary to ensure meaningful access to services and activities to eligible individuals. (Title 22 CCR Section 98310, 98314) The group-needs assessment shall take into account the following four factors:
a. Number or proportion of persons with Limited English Proficiency (LEP) speaking persons eligible to be served or encountered by the program.

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Kings/Tulare Area Agency on Aging 51 Agreement No: IF 23/24-05 b. Frequency with which LEP individuals come in contact with the program.
c. Nature and importance of the services provided.
d. Local or frequently used resources available to the Contractor.

The group-needs assessment will serve as the basis for Contractor’s determination of “reasonable steps” and provide documentary evidence of compliance with Government Code section 11135 et seq., 2 CCR 11200 et seq., and 22 CCR 98300 et seq.

2. The Contractor will assist the K/T AAA in preparing a report of the findings of the group-needs assessment that summarizes:
a. Methodologies used.
b. The linguistic and cultural needs of non-English speaking or LEP groups. c. Services proposed to address the needs identified and a timeline for implementation. [22 CCR §98310]

3. The Contractor shall maintain a record of the group-needs assessment on file at the Contractor’s headquarters at all times during the term of this Agreement. (Title 22 CCR Section 98310, 98313)
B. Provision of Services

1. Contractor shall take reasonable steps, based upon the group-needs assessment identified in subdivision A of this section, to ensure that “alternative communication services” are available to non-English speaking or LEP beneficiaries of services under this Agreement [2 CCR §11162]

2. “Alternative communication services” include, but are not limited to, the provision of services and programs by means of the following:
a. Interpreters or bilingual providers and provider staff b. Contracts with interpreter services
c. Use of telephone interpreter lines
d. Sharing of language assistance materials and services with other providers e. Translated written materials, including but not limited to, enrollment information and descriptions of available services and programs

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Kings/Tulare Area Agency on Aging 52 Agreement No: IF 23/24-05 f. Referral to culturally and linguistically appropriate community service programs

3. Based on the findings of the group needs assessment, Contractor shall ensure that reasonable alternative communication services are available to meet the linguistic needs of identified eligible client population groups at key points of contact. Key points of contact include, but are not limited to, telephone contacts, office visits and in-home visits. [2 CCR §11162]

4. The Contractor shall self-certify to compliance with the requirements of this section and shall maintain the self-certification record on file at the Contractor’s office at all times during the term of this Agreement. [22 CCR §98310]

5. Contractor shall notify its employees of clients’ rights regarding language access and Contractor’s obligation to ensure access to alternative communication services where determined appropriate based upon the needs assessment conducted by Contractor. [22 CCR §98370]

6. Noncompliance with this section may result in suspension or termination of funds and/or termination of the Agreement [22 CCR §98370]
C. Compliance Monitoring

1. Contractor shall develop and implement policies and procedures for assessing and monitoring the performance of individuals and entities that provide alternative communication services to non-English and LEP clients. [22 CCR §98310]

2. Contractor shall monitor, evaluate, and take effective action to address any needed improvement in the delivery of culturally and linguistically appropriate service. [22 CCR §98310]

3. Contractor shall permit timely access to all records of compliance with this section.

Failure to provide access to such records may result in appropriate sanctions. [22 CCR §98314
D. Notice to Eligible Beneficiaries of Contracted Services

1. Contractor shall designate an employee to whom initial complaints or inquiries regarding national origin can be directed. [22 CCR §98325]

2. Contractor shall make available to ultimate beneficiaries of contracted services and programs information regarding the K/T AAA’s procedure for filing a complaint and other information regarding the provisions of Government Code §11135 et seq. [22 CCR §98326]

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Kings/Tulare Area Agency on Aging 53 Agreement No: IF 23/24-05

3. Contractor shall notify the K/T AAA immediately of a complaint alleging discrimination based on a violation of State or federal law. [2 CCR 11162, 22 CCR § 98310, 98340] EXHIBIT D: Additional Provisions
ARTICLE I. ASSURANCES SPECIFIC TO THIS AGREEMENT
A. The Contractor shall assure that the following conditions are met:

1. Services shall be provided only to eligible participants of the Dignity at Home Fall Prevention Program, Older Californians Nutrition Program (OCNP)/lntergenerational Activities, Family Caregiver Support Program (FCSP), and Legal Services as defined in Exhibit A.

2. Funds made available under this Agreement shall supplement, not supplant, any federal, State, or local funds expended by a State or unit of local government to provide fall prevention services.

3. For the OCNP, FCSP, and Legal Services, the Contractor assures that voluntary contributions shall be allowed and may be solicited in accordance with the following requirements [OAA § 315(b)]:
a. The Contractor or any subcontractors for any services covered in this agreement shall not use means tests.
b. Any client that does not contribute toward the cost of the services received shall not be denied services.
c. Methods used to solicit voluntary contributions for services covered in this agreement shall be non-coercive.
d. Each service provider will:
i. Provide each recipient with an opportunity to voluntarily contribute to the cost of the service.
ii. Clearly inform each recipient that there is no obligation to contribute, and that the contribution is purely voluntary. iii. Protect the privacy and confidentiality of each recipient with respect to the recipient's contribution or lack of contribution; and iv. Establish appropriate procedures to safeguard and account for all contributions.

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Kings/Tulare Area Agency on Aging 54 Agreement No: IF 23/24-05 v. Use all collected contributions to expand the services for which the contributions were given and to supplement (not supplant) funds received under this Act.

4. Funds made available under this Agreement shall be budgeted and expended in accordance with the five federal support service components specified in OAA § 373(b), and distinguished between "caregiver'' and "grandparent" support services, as required for OAAPS.

5. Funds made available under this Agreement shall supplement and not supplant other services that may directly or indirectly support unpaid caregiving, such as Medicaid waiver programs (e.g., the Multipurpose Senior Services Program, etc.) or other caregiver services such as those provided through the Department of Social Services' Kinship Support Service Programs, the California Community Colleges' Foster and Kinship Care Education Programs, the Department of Developmental Services' Regional Centers, the California Caregiver Resource Centers, and other Title Ill funded providers.

ARTICLE II. SUBCONTRACTS
The Contractor shall ensure that the subcontractor's selection process is based upon equitable criteria that provides for adequate publicity, screens out unqualified subcontractors, and awards contracts to the lowest responsible and responsive bidder(s).

A. Subcontracts shall require all subcontractors to report immediately in writing to the Contractor any incidents of fraud or abuse to program participants, in the delivery of services, or in subcontractors' operations.

B. The Contractor shall require all subcontracts to comply with the Health Insurance Portability and Accountability Act (HIPAA) Business Associate requirements in Exhibit F, as it relates to services rendered.

C. The Contractor shall make timely payments to its subcontractors under this Agreement.

ARTICLE Ill. REPORTING PROVISIONS
A. The Contractor shall submit reports to the State for all programs as follows on a format prescribed by CDA, and will assure that all submitted data is complete, accurate, and verifiable to the best of their knowledge.

1. Quarterly, the Contractor shall electronically submit the following service level data elements for all programs:

2. The Contractor shall electronically submit data as instructed by CDA using the due dates as indicated below:

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Kings/Tulare Area Agency on Aging 55 Agreement No: IF 23/24-05 Table – 1 Data Reporting Due Dates
Quarter: Reporting Period: Due Date:

Quarter 1 July 1- Sept 30 October 15
Quarter 2 Oct 1 – Dec 31 January 15
Quarter 3 Jan 1 – March 31 April 15
Quarter 4 April 1 – June 30 July 15

3. For reports that will be submitted late, ten (10) calendar days prior to the report due date, the Contractor shall submit to the K/T AAA, a written explanation including the reasons for the delay and the estimated date of submission.

4. Fiscal Closeout Report. As part of the closeout procedures for this contract, the Contractor shall submit a closeout package.

B. Reporting requirements specific to OCNP/lntergenerational Activities

1. In addition to the data elements found in Section A, the contractor shall submit a brief narrative describing any successes and challenges of the program as instructed by K/T AAA.

EXHIBIT E: CONTRACT AWARD AND UNITS OF SERVICE
TOTAL FUNDING AWARD: $57,686

FUNDING AWARDED BY SERVICE CATEGORY
INTERGENERATIONAL ACTIVITIES FUNDING AMOUNT:$57,686

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Staff Report
Meeting: City Council
Date: October 3, 2023
Department: Office of Safety, Compliance, & Facilities
Submitted by: Manuel Correa, Safety, Compliance & Facilities Officer Agenda Title: SJVAPCD Electric Vehicle Grant

RECOMMENDED ACTION
Adopt a resolution authorizing the City Manager or designee to apply for an electric vehicle grant from the San Joaquin Valley Air Pollution Control District (SJVAPCD) and sign all applicable paperwork.

SUMMARY
The SJVAPCD has received limited funds and is offering to supply specific grants for the replacement of eligible specialty vehicles with electric powered vehicles for the year 2023 - 2024. Staff intends to apply for grant funding to replace gasoline powered light vehicles that have reached the end of useful life with plug in hybrid vehicles. The grant is $100,000 ($20,000 per vehicle).

FISCAL IMPACT & FUNDING SOURCE(S)
The remaining balance for the vehicle will be paid from the vehicle reserve account.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS
None
Reviewed/Approved:

Item #: 7.9
Consent

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RESOLUTION 2023-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPLY TO THE SAN

JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD)

FOR AN ELECTRIC VEHICLE GRANT AND SIGN ALL APPLICABLE PAPERWORK WHEREAS, the City of Tulare (City) desires to obtain several hybrid vehicles using a Grant Program from the SJVAPCD; and
WHEREAS, the City will administer the Grant in accordance with the Grant provisions as required by the SJVAPCD and will accept responsibility for and will act as sponsor for the Grant.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:

Section 1. The Council hereby authorizes the City Manager to apply for the electric vehicle grant from the SJVAPCD and to sign all applicable paperwork.

PASSED, APPROVED, AND ADOPTED on this 3rd day of October 2023.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk

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Tulare City CouncilOctober 3, 2023

Tulare City Council
October 3, 2023