Agenda packet — Tulare City Council, July 15, 2025 (part 1 of 4)

City of Tulare Page 1 of 5
Tulare Public Library & Council Chamber Tuesday, July 15, 2025 491 North M Street, Tulare CA 93274 7:00 p.m. Regular Meeting www.tulare.ca.gov
Mission Statement
To promote a quality of life making Tulare the most desirable community in which to live, learn, play, work, worship and prosper.

Regular City 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.

Members of the public may attend meetings in person or access the meeting live via YouTube. For those that wish to provide public comment while not physically in attendance, you may call (559) 366-1849 during Public Comment. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

Members of the public may address the City Council on matters within the jurisdiction of the City of Tulare.

A person desiring to address the City Council is encouraged to complete a public comment card and provide to the city clerk prior to the start of the meeting. Comments are limited to three minutes per speaker unless extended by the Council. Depending upon the extent of the agenda and number of persons desiring to speak on an issue, the mayor may, at the beginning of the item, limit the time for individual comments. When invited by the mayor to speak, please approach the lectern and begin your comments by stating your name and city of residence.
• All remarks shall be addressed to the Council as a body and not to any member thereof. • No person, other than the City Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the City Council, without the permission of the mayor.
• No question shall be asked of a councilmember or a member of City staff except through the mayor.
• Questions and comments from the public shall be limited to the subject under consideration, except for those items introduced under Public Comment. • No person shall engage in disorderly or boisterous conduct which disturb, disrupt, impede, or otherwise render the orderly conduct of the meeting infeasible. Persons engaging in such conduct may be subject to ejection of the meeting pursuant to Government Code Sections 54954.3 and 54957.95.

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.

City of Tulare YouTube Channel: https://www.youtube.com/@cityoftulare3805 Documents related to items on the agenda are accessible on the City’s website at www.tulare.ca.gov. Copies are also available for public inspection at the City Clerk’s Office located at City Hall, 411 E. Kern Avenue, Second Floor, during normal business hours.

City Councilmembers
Patrick Isherwood, Mayor
Steve Harrell, Vice Mayor
Jose Sigala
Terry A. Sayre
City Council Meeting Notice & Agenda Dennis A. Mederos
City Council Meeting Agenda Tuesday, July 15, 2025
City of Tulare Page 2 of 5

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION – Pastor Michael Mason, Tulare First Baptist Church, to deliver an invocation.

3. PUBLIC COMMENT - Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from acting on any matter not on the agenda; however, your comments may be referred to staff for follow up. 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 and General Business items will be heard at the time those items are discussed. In fairness to all who wish to speak, public comment is limited to a total of fifteen minutes with each speaker allowed three minutes, unless otherwise extended by Council. Please begin your comments by stating your name and providing your city of residence. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

4. PRESENTATIONS

4.1 Tulare County Economic Development Corporation Annual Update.

4.2 Tulare Chamber of Commerce Annual Report.

5. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten 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 matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted in one motion without discussion. If discussion is desired, that item may be removed and considered separately.

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 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of June 17, 2025 and June 25, 2025. [M. Wilcox]

7.3 New City Logo on Water Tower.

7.4 2025/2026 KTAAA Agreements.

7.5 Appropriation for the Implementation of Homeless Prevention Service.

7.6 Construction Contracts for Project EN0074 – Cross Avenue Improvements.

Recommended Action: [M. Miller] Award and authorize the City Manager to sign contracts related to the construction of CIP Project EN0074 - Cross Avenue Improvement Project; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount.

7.7 CEQA Notice of Exemption for Project EN0074 – Cross Avenue Improvements.

7.8 Federal and State Advocacy Services.

7.9 Monthly Investments Report.

Recommended Action: Accept the monthly investments report for April and May 2025. [M.

Roberts]

7.10 Conditional Final Map Acceptance for Phases 4, 6 and 7 of the KCOK Ranch Subdivision.

Recommended Action: Conditionally approve the final map and subdivision improvement agreement for phases 4, 6 & 7 of the KCOK Ranch 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 September 13, 2025. [M. Miller]

7.11 2025 Cape Seal Project.

Recommended Action: [A. Bettencourt] Award and authorize the City Manager to sign contracts related to the City’s 2025 Cape Seal Project; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount.

7.12 Appointment to the Library Board.

Recommended Action: Confirm the mayor’s appointment of Lisa Hollingshead to the Library Board for a term of three years (July 1, 2025 through June 30, 2028). [M. Wilcox]

8. PUBLIC HEARING - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by Council. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849.

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

8.1 Zone Amendment No. 758.

8.2 Landscape Maintenance Assessments for Fiscal Year 2026.

Recommended Action: Adopt a resolution confirming diagram and landscape maintenance assessments and levying assessments for Fiscal Year 2026 and authorize the City Manager to execute a Compliance Certification and Hold Harmless Statement in connection thereto. [M.

Miller]

9. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by Council. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849.

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

9.1 Zumwalt Park Amphitheater Use of Naming Rights Funds.

9.2 Farmland Mitigation Ordinance Implementation.

Recommended Action: Council to receive an update on the status of the Farmland Mitigation Ordinance implementation following the recently adopted revisions. [M. Mondell]

9.3 Economic Development Quarterly and June Updates.

Recommended Action: Receive the Economic Development Quarterly and June Updates.

This item is informational only; therefore, no action is required. [J. Gomez]

9.4 Tulare Avenue and Oakmore Street Intersection Deferred Improvement Agreement.

Recommended Action: Consider a Deferred Improvement Agreement with the developer of the Fulton Estates project at the southwest corner of Tulare Avenue (SR-137) and Oakmore Street. [T. Gaffery]

10. CONVENE JOINTLY AS TULARE CITY COUNCIL AND TULARE CITY COUNCIL ACTING AS THE

SUCCESSOR AGENCY TO THE TULARE REDEVELOPMENT AGENCY

10.1 Amended ROPS for the July 1, 2025 through June 30, 2026 Period.

Recommended Action: Adopt a resolution of the Successor Agency to the former Tulare Redevelopment Agency approving and adopting the amended Recognized Obligation Payment City Council Meeting Agenda Tuesday, July 15, 2025
City of Tulare Page 5 of 5
Schedule (ROPS) for the January 1, 2026 through June 30, 2026 period (ROPS 25-26). [M.

Roberts]

11. ADJOURN AS TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND REMAIN SEATED AS THE TULARE CITY COUNCIL

12. FUTURE AGENDA ITEMS

12.1 Direct Staff to Draft Policy for Tulare Police Department to Seek Proper Identification of Masked Federal Agents.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted By: Councilmember Sigala

12.2 Presentation by Tulare Healthcare Providers on the Status of Access to Healthcare.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted By: Councilmember Sigala

12.3 Planning and Research for New Multi-Diamond Softball Park on Westside.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted By: Councilmember Sigala

13. STAFF UPDATES

14. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

14.1 Conference with Labor Negotiators (Gov. Code § 54957.6) Agency Designated Representatives: City Manager Mondell, City Attorney Zamora, Assistant City Manager Gaffery
Employee Organization(s): Tulare Professional Firefighter Association (Management); Tulare Professional Firefighter Association (Non-Management)
Unrepresented Employee(s): Fire Battalion Chief Group

14.2 Conference with Legal Counsel - Existing Litigation (Gov. Code § 54956.9(d)(1)) Name of Case: City of Tulare v. Guillermo Contreras Rios and Lorena Amezcua Castillo, Trustees of the Guillermo Contreras Rios and Lorena Amezcua Castillo Living Will and Trust dated October 11, 2024, Case No. VCU321920

15. RECONVENE FROM CLOSED SESSION

16. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.

17. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, August 5, 2025, 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, 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, July 10, 2025 Melissa Wilcox, Chief Deputy City Clerk Office of the City Manager
411 East Kern, Tulare, CA 93274
559.684.4200 | www.tulare.ca.gov
To:

From:

Subject:

Date:

Mayor and City Councilmembers
Marc Mondell, City Manager
July 15, 2025 Agenda Memo
July 10, 2025
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 memo. This may occur to best manage the time at a meeting or to adapt to the participation of the public.
7:00 p.m. Regular Meeting

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION - Pastor Michael Mason, Tulare First Baptist Church, to deliver an invocation.

4. PRESENTATIONS [Time Estimate: 7:20 p.m.]

4.1 Tulare County Economic Development Corporation Annual Update.

4.2 Tulare Chamber of Commerce Annual Report.

5. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten 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: 8:00 p.m.]

6. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 8:00 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 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of June 17, 2025 and June 25, 2025. [M. Wilcox]

7.3 New City Logo on Water Tower.

Recommended Action: Award and authorize the City Manager to sign a contract with Pittsburg Tank & Tower Group in the amount of $79,825 to paint the new logo on the old Water Tower located on O Street at Tulare Union High School; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($7,982.50). [T. Whitfield] Summary: In December 2023, the City of Tulare issued a Request for Proposal seeking a qualified consulting firm to create a logo redesign for the City. Prior to this, the City had an existing logo that was developed in the mid-1990’s that had become outdated and irrelevant.

MIG was the consulting firm selected, and they immediately began working on a new logo involving numerous meetings with City staff and an advisory committee comprised of local individuals, including multiple presentations to the City Council. On November 5, 2024, the City Council approved the new City logo as prepared and presented by MIG. Since then, staff has been working to incorporate the logo in all facets of communications, marketing, media relations, etc.

In 2021, the old water tower on O Street at Tulare Union High School was inspected, rehabilitated and repainted. At that time, it was decided that the artwork of the milk glass, bubbles, straw and “TULARE” would remain the same, but the line “We’ve Got It” would be removed. The current lettering is a basic black, all capital letter font. In keeping with the current rebranding effort citywide, staff solicited quotes to paint the new logo on the water tower. Staff obtained 3 quotes from companies who specialize in painting water towers. The quotes received were as follows:

Company Location Amount
South Coast Painting Rancho Palos Verdes, CA $141,700
Techno Coatings Anaheim, CA $107,821
Pittsburg Tank & Tower Henderson, KY $79,825
Pittsburg Tank & Tower is the original manufacturer and builder of the water tower. The quote for the painting is from the Maintenance Division of Pittsburg Tanks. Pittsburg Tanks has many years of experience inspecting, repairing and painting the City’s tower. They are well qualified to complete this work.

Fiscal Impact & Funding Source(s): This project will be funded through the City Manager’s budget using contingency funds.

Environmental Review: This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item does not require legal review.

Tulare City Council Meeting Page 3 of 19
Agenda Memo - July 15, 2025
Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If the project is not approved, the artwork on the water tower will remain unchanged.

7.4 2025/2026 KTAAA Agreements.

Recommended Action: Authorize the City Manager or designee to sign agreements with the Kings/Tulare Area Agency on Aging for the City of Tulare to provide nutritional services through the 2025/2026 K/TAAA Senior Nutrition Program. [B. Beck] Summary: Each year, the Senior 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 our 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 25/26-05 – total funding award $262,561 a. This agreement is our regular on-going agreement which is the basis for the daily meal program.

2. Agreement NM 25/26-05 - total funding award $74,244
a. This agreement pertains to nutritional modernization. This is the second time we have received these funds and are to supplement the decrease to the regular federal funding.

3. Total 2025/2026 Agreement award - $334,805
Fiscal Impact & Funding Source(s): These funds, if approved, will continue to provide nutrition for the seniors of our community.

On average, the Tulare Senior Community Centers provide almost 4,500 meals/month to seniors in our community. With an average daily meal attendance of 200 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.

Environmental Review: This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: These agreements are long-standing arrangements with the City of Tulare. The agreements were sent for review by the City Attorney Office on July 7, 2025.

Public Notice: This does not require a public hearing and has been noticed as part of the agenda.

Tulare City Council Meeting Page 4 of 19
Agenda Memo - July 15, 2025
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

7.5 Appropriation for the Implementation of Homeless Prevention Service.

Recommended Action: Adopt a resolution authorizing the establishment of a Housing Successor Agency Fund (711) appropriation of up to $21,000 and use of Housing Successor Agency Fund (711) balance for operating costs associated with a homeless prevention and rapid rehousing service administered by Family Services of Tulare County; and authorize the City Manager or their designee to execute a service agreement and other materials as necessary with Family Services of Tulare County. [A. Costales] Summary: The City of Tulare (“City”) is the Housing Successor Agency (“Housing Successor”) to the former Tulare Redevelopment Agency (“Agency”). The Housing Successor is responsible for maintaining housing assets transferred from the former Agency. Its main goal is to provide affordable housing for City residents. Former Agency assets, and the revenues generated by those assets, are maintained in a Low- and Moderate-Income Housing Asset Fund (“Housing Asset Fund”). Housing Asset Funds may be spent on: 1) administrative costs up to $200,000 per year; 2) homeless prevention and rapid rehousing services up to $250,000 per year if the former agency did not have any outstanding housing inclusionary or replacement housing production requirements; and, 3) affordable housing development assisting households up to 80 percent of the Area Median Income, subject to specific income and age targets.

Housing Asset Fund expenditure requirements, per state Health and Safety Code Section 34176.1, describe allowable homeless prevention and rehousing services as services for individuals and families who are homeless or would be homeless but for the available assistance, including:

A. Contributions toward the construction of local or regional homeless shelters; B. Housing relocation and stabilization services including housing search, mediation, or outreach to property owners;
C. Short-term or medium-term rental assistance;
D. Security or utility deposits;
E. Utility payments;
F. Moving cost assistance;
G. Credit repair;
H. Case management; and,
I. Other appropriate activities for homelessness prevention and repaid rehousing of persons who have become homeless.

Community Development staff contend that the Family Services of Tulare County’s application to the recent request for proposal number 25-818 in March 2025 involved services that qualify as an allowable use of Housing Asset Funds as a homeless prevention activity per points B, H, and I from the above list. For over five years, Family Services of Tulare County received either Community Development Block Grant (CDBG) or Housing Asset Funds to offset operating costs of Tulare Housing First I and II Bonus activities. These activities involve federal rental assistance vouchers and the utilization of permanent supportive housing units for chronically unhoused people from the City of Tulare. Given the over subscription to the City’s CDBG public services category in fiscal years 2023 and 2024, staff recommended the utilization of Housing Asset Funds, given the compatibility of this type of service, to satisfy a matching requirement for the Tulare Housing First I and II Bonus activities administered by Family Services of Tulare County.

The continuation and stability of these activities prevent the displacement of clients within permanent supportive housing (PSH) and availability of the activities 12 PSH units for future unhoused people engaging services in the City of Tulare. Family Services of Tulare County, per Tulare City Council Meeting Page 5 of 19
Agenda Memo - July 15, 2025
staff’s recommendation, routinely seek alternative funding sources to replace the City’s annual allocation and relieve future commitments beyond fiscal year 2025. A copy of the full application submitted by Family Services of Tulare County is available as Attachment 2, though staff note a revised funding request of $21,000, as opposed to the initial request of $33,000.

Fiscal Impact & Funding Source(s): Establishment of a Housing Successor Agency Fund (711) appropriation of up to $21,000 and use of Housing Successor Agency available fund balance in Fiscal Year 2025-2026.

Environmental Review: This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item does not require legal review.

Public Notice: This does not require a public hearing and has been noticed as part of the agenda.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If the appropriation of funds for this homeless prevention activity is not approved, Family Services of Tulare County contends that the overall program will end and may cause the displacement of currently housed clients.

7.6 Construction Contracts for Project EN0074 – Cross Avenue Improvements.

Task Description Contractor Amount
1 Construction Contractor 99 Pipeline of Porterville, CA $1,320,761.56 2 Construction Inspection 4 Creeks of Visalia, CA $314,350 3 Materials Testing Krazan of Clovis, CA $40,520
4 Construction Surveying 4 Creeks of Visalia, CA $29,300 5 Labor Compliance Labor Consultants of California of Hanford, CA
$15,300
Summary: Capital Improvement Project EN0074 will reconstruct Cross Avenue from West Street to a point approximately 1,040 feet west of the intersection. The existing structural section of the roadway is substandard and will be increased to meet current design standards for a minor-arterial roadway. The project will also include the installation of sidewalk along the north side of Cross Avenue, improving pedestrian connectivity by eliminating an existing gap in sidewalk improvements between West Street and the Valley Estates subdivision located at the west end of the project limits. Storm drainage improvements, including installation of curb and gutter along the north side of the roadway, will improve surface water management by collecting and conveying runoff to the existing drainage basin located at the northeast corner of Cross Avenue and West Street.

A detailed breakdown of the construction contracts required for the subject project is as follows:

Tulare City Council Meeting Page 6 of 19
Agenda Memo - July 15, 2025

1. Construction Contract: 99 Pipeline
On June 19, 2025, (11) bids were opened from the Request for Bids #25-818, Cross Avenue Improvement Project. The bid opening results are attached. Bids ranged from $1,320,761.56 to $2,939,791.68. The bids were evaluated, and all were determined to be responsive to the requirements and instructions contained in the bid documents. The low bid of $1,320,761.56 submitted by 99 Pipeline is below the Engineer’s Estimate for the project, which was $1,500,000.

2. Construction Inspection: 4 Creeks
Given the high volume of projects across the city, both private and public, the City lacks the in-house staff capacity to conduct the necessary construction inspection and project management activities for Project EN0074. Public improvement projects require this level of oversight to ensure contractor compliance with applicable standards, regulations and contract provisions.
4 Creeks of Visalia, CA, is included on the list of pre-qualified On-Call Construction Management, Resident Engineer, and Inspection Consultants. The company has demonstrated in its proposal that it possesses the necessary skills, expertise, and resources to meet the City’s needs within the required timeframe for completing the project. 4 Creeks has reviewed the scope of this project and has proposed to perform construction inspection services on a time-and-materials basis, not to exceed $314,350, in accordance with the provisions of their on-call contract. This amount aligns with industry standards and matches what the City has experienced on projects with similar scopes of work.

3. Material Testing: Krazan
While the project is under construction, it will be necessary to perform testing to ensure that materials and workmanship comply with City standards and contract provisions. The City does not have the necessary equipment or certified personnel to self-perform these tests, which include highly specialized laboratory work.

Krazan of Clovis, CA, is listed among the pre-qualified On-Call Geotechnical and Materials Testing consultants. Their proposal demonstrates that they have the skills, expertise, and resources necessary to meet the City’s requirements and deadlines for this project.

Krazan has reviewed the project scope and proposes to perform the required services on a time-and-materials basis, not to exceed $40,520, in accordance with their on-call contract. This figure aligns with industry standards and is below the estimated cost for these services.

4. Construction Surveying: 4 Creeks
During construction, it will be necessary to provide construction staking so the Contractor has the essential locations and elevations to properly build the improvements. Survey services include field and office surveying and filing property corner records with the County of Tulare. As a professional service performed by a licensed surveyor, these services cannot be included in a competitively bid construction contract and therefore cannot be performed under the Contractor’s contract. Additionally, City staff does not have the professional qualifications or capacity to perform these services. 4 Creeks of Visalia, CA, is listed among the On-Call Construction Surveying consultants, and their proposal demonstrates that they possess the necessary skills, expertise, and resources to meet the City’s needs and timeframe for completing the work on this project. 4Creeks has reviewed the project scope and proposes to perform the necessary services Tulare City Council Meeting Page 7 of 19
Agenda Memo - July 15, 2025
on a time-and-materials basis, not to exceed $29,300, in accordance with their on-call contract. This amount aligns with industry standards and what the City has experienced on projects with similar scopes of work.

5. Labor Compliance Monitoring: Labor Consultants of California This project is subject to Prevailing Wage requirements. To ensure proper wages are paid and accounted for the following, it will be necessary to perform labor compliance monitoring of contractors and consultants subject to these requirements. The prevailing wage requirements specified by state and federal law are ever-changing, making it extremely challenging to ensure that the City remains in compliance with each new project undertaken. Failure to adequately comply with requirements could jeopardize project funding, and the City’s eligibility for future funding.

Labor Consultants of California, based in Hanford, CA, is included on the list of prequalified On-Call Labor Compliance Monitoring consultants. The company has demonstrated in its proposal that it possesses the necessary skills, expertise, and resources to meet the City’s needs and timeframe for completing the project work. Labor Consultants of California has reviewed the project scope and proposes to perform the necessary services on a time-and-materials basis, not to exceed $15,300, in accordance with the provisions of their on-call contract. This amount aligns with industry standards and what the City has experienced on projects with similar scopes of work.

The City’s 2025-2030 Capital Improvement Program included Project EN0074 and identified estimated costs of $1,890,000 for the contract services identified above. The combined total of construction contract costs that Council is being asked to approve under this item is below that estimate at $1,720,231.56. Therefore, no additional project funding appropriations would be required at this time.

Staff recommends awarding and authorizing the City Manager or their designee to sign contracts related to CIP Project EN0074 - Cross Avenue Improvement Project. Additionally, staff recommends authorizing the City Manager or their designee to approve contract change orders up to 10% of each contract's award amount.

Fiscal Impact & Funding Source(s): The following funding sources were identified in the 2025- 2030 Capital Improvement Program for Construction Phase costs for Project EN0074: Fund 022 – Gas Tax (HUTA), Fund 122 – Gas Tax (24/25 RSTP), Fund 601 – Other General Fund CIP
Environmental Review: A separate item will be presented to Council on this agenda for the adoption of a resolution approving a California Environmental Quality Act (CEQA) Notice of Exemption for the Cross Avenue Improvement Project, and authorization for the City Manager or designee to file a CEQA Notice of Exemption.

Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: The format of the proposed contracts has previously been approved as to form by the City Attorney, and any revisions/modifications would be subject to review and approval by the City Attorney prior to their execution.

Public Notice: This does not require a public hearing and has been noticed as part of the agenda.

Tulare City Council Meeting Page 8 of 19
Agenda Memo - July 15, 2025
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

7.7 CEQA Notice of Exemption for Project EN0074 – Cross Avenue Improvements.

Recommended Action: Adopt a resolution approving the California Environmental Quality Act (CEQA) Notice of Exemption for the Cross Avenue Improvement Project; authorizing the City Manager or designee to file the CEQA Notice of Exemption. [M. Miller] Summary: Capital Improvement Project EN0074 will reconstruct Cross Avenue from West Street to a point approximately 1,040 feet west of the intersection. The existing structural section of the roadway is substandard and will be increased to meet current design standards for a minor-arterial roadway. The project will also include the installation of sidewalk along the north side of Cross Avenue, improving pedestrian connectivity by eliminating an existing gap in sidewalk improvements between West Street and the Valley Estates subdivision located at the west end of the project limits. Storm drainage improvements, including installation of curb and gutter along the north side of the roadway, will improve surface water management by collecting and conveying runoff to the existing drainage basin located at the northeast corner of Cross Avenue and West Street.

To satisfy environmental review requirements, it is necessary for the City to adopt a resolution approving the California Environmental Quality Act (CEQA) Notice of Exemption for the Cross Avenue Improvement Project; authorizing the City Manager or designee to file the CEQA Notice of Exemption. A copy of the draft resolution is attached.

Fiscal Impact & Funding Source(s): If approved, there will be a fee of $58 to file the CEQA Notice of Exemption. The source of funding for this fee will be the project’s construction contingency. Funds are appropriated and available in Project Accounting Task String: EN0074- 050-0999.

Environmental Review: Adoption of the attached resolution and filing of the associated California Environmental Quality Act (CEQA) Notice of Exemption for the Cross Avenue Improvement Project will fulfill the environmental review requirements for Project EN0074.

Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item does not require legal review.

Public Notice: This does not require a public hearing and has been noticed as part of the agenda.

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

7.8 Federal and State Advocacy Services.

Recommended Action: Authorize the City Manager to execute an agreement with Townsend Public Affairs, lnc. for federal and state advocacy services for a term from July 1, 2025 through June 30, 2026 with a monthly fee of $7,000 ($84,000 annually). [M. Mondell] Summary: The City has been under contract with Townsend Public Affairs (“Townsend”) for federal and state advocacy services since 2007. Townsend’s fee was set at $7,500 per month until 2011 at which time it was reduced to $5,000 per month. In 2023, the fee was increased to $6,500 per month.

The City’s agreement with Townsend expired June 30, 2025, and Townsend is requesting a new agreement and an increase in the monthly fee to $7,000 per month. This is an increase of Tulare City Council Meeting Page 9 of 19
Agenda Memo - July 15, 2025
$500 per month or $6,000 per year from the prior agreement but less than the initial fee by the same amounts.

Townsend has been successful in helping the City to secure $42,812,500 in federal and state funding over the past eighteen years and $8,500,000 in federal earmarks alone since 2023; therefore, staff supports a new agreement and the proposed fee.

Fiscal Impact & Funding Source(s): Staff does not anticipate a budget adjustment will be necessary, given the implementation of group budgeting, the practice of allowing overages in an account to be offset by savings in others within the same budget unit without the need for budget adjustment, and the City Manager’s authority to transfer appropriations between accounts within the same funding source; however, if needed, staff will bring a request to amend the budget forward to Council in the future.

Environmental Review: This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: The agreement has been reviewed by the City Attorney’s Office.

Public Notice: This does not require a public hearing and has been noticed as part of the agenda.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If the recommended action is not approved, Townsend’s assistance in acquiring federal and State funding will cease, resulting in potentially significant opportunity costs.

7.9 Monthly Investments Report.

Recommended Action: Accept the monthly investments report for April and May 2025. [M.

Roberts]
Summary: The investments report for April and May 2025 are submitted for Council review and acceptance.

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

Environmental Review: This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item does not require legal review.

Public Notice: This does not require a public hearing and has been noticed as part of the agenda.

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

7.10 Conditional Final Map Acceptance for Phases 4, 6 and 7 of the KCOK Ranch Subdivision.

Recommended Action: Conditionally approve the final map and subdivision improvement agreement for phases 4, 6 & 7 of the KCOK Ranch subdivision for recordation, and accept all Tulare City Council Meeting Page 10 of 19
Agenda Memo - July 15, 2025
easements and dedications offered to the City subject to receipt of the signed final map, all fees, and other required items prior to September 13, 2025. [M. Miller] Summary: Planning Commission Resolution No. 5066, which was adopted on January 28, 2013, approved the tentative subdivision map for “KCOK Ranch Revised and Variance No. 450.” This subdivision is situated on property located along the north side of Seminole Avenue between Mooney Boulevard and Morrison Street and comprises approximately 110 acres with a total of 355 single-family lots at full buildout. The development of the subdivision is being completed in phases. Phases 4, 6 & 7 of the KCOK Ranch subdivision will consist of 111 singlefamily residential lots.

To streamline the final map approval process, the Subdivider is seeking conditional approval and acceptance from Council. This is subject to the receipt of the signed map, all fees, and other necessary items within 60 days. Such requests for conditional approval have been routinely accommodated.

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

Environmental Review: Environmental review pursuant to the California Environmental Quality Act (CEQA) was completed as part of approval of the tentative subdivision map.

Mitigation measures as documented in the mitigation monitoring and reporting program (MMRP) for the tentative map will also be carried forward as conditions of approval for this Conditional Final Map.

Conflict of Interest: Staff is not aware of any conflicts of interest.

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

Public Notice: This does not require a public hearing and has been noticed as part of the agenda.

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

7.11 2025 Cape Seal Project.

Summary: City staff posted a Request for Bids (RFB 26-817) on May 28, 2025 and advertised RFB 26-817 in the Visalia Times-Delta/Tulare Advance-Register on May 27, 2025 and June 3, 2025, requesting sealed bids for the City’s 2025 Cape Seal Project.

The RFP designated five areas in need of a Cape Seal application. Three of the areas were combined into a section designated Project A. A portion of the funding for the section designated Project A is being provided by CalRecycle’s Rubberized Pavement Grant Program ($64,073).

Council approved the grant application submittal during its October 1, 2024 meeting.

Task Description Contractor Amount
Cape Seal Contractor VSS International of West Sacramento, CA $984,325 Labor Compliance Labor Consultants of California of Hanford, CA $5,100 Tulare City Council Meeting Page 11 of 19
Agenda Memo - July 15, 2025
The Cape Seal Project shall consist of a Chip Seal application followed by a Micro-Surfacing application. All of the striping will be completed by City staff. The bid specified the work for the following:
• Mobilization & Demobilization
• Traffic Control
• 112,004 square yards of Asphalt Rubber Chip Seal (3/8” Grading) • 112,004 square yards of Micro-Surfacing (Type II)
On June 26, 2025, the City of Tulare received and opened the following bids pertaining to RFB 25-817:

Vendor Bid
Pavement Coatings of Sacramento, CA $1,131,686.00
American Pavement Systems of Modesto, CA $1,077,111.36
VSS International of West Sacramento, CA $984,325.00
After reviewing the bids, staff has determined that the proposed $984,325.00 bid from VSS International is the lowest responsive and responsible bid that meets the City’s needs as identified in the RFB.

Fiscal Impact & Funding Source(s): This project is to be paid for by the Annual Transportation – Maintenance Account, which has a balance of $1,200,607.

Environmental Review: This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: Staff will have the City Attorney review the contract if approved by Council.

Public Notice: This does not require a public hearing and has been noticed as part of the agenda.

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

7.12 Appointment to the Library Board.

Recommended Action: Confirm the mayor’s appointment of Lisa Hollingshead to the Library Board for a term of three years (July 1, 2025 through June 30, 2028). [M. Wilcox] Summary: The Library Board was established pursuant to California Education Code § 18910 which states that a public library shall be managed by a board of library trustees, consisting of five members who serve three-year terms, to be appointed by the mayor with the consent of the Council. The Board advises staff and Council on all matters relating to library services. Meetings of the Board are held at 4:00 p.m. on the third Wednesday of each month at the Tulare Public Library.

Two members had terms that expired on June 30, 2025. One member advised staff that, after serving 12 years on the Board, they decided not to reapply. A notice of the vacancy was posted, and staff continues to receive applications to fill this vacancy.

Tulare City Council Meeting Page 12 of 19
Agenda Memo - July 15, 2025
The other member whose term expired, Lisa Hollingshead, did submit an application to be considered to continue serving on the Board. She has served on the Board since 1996. Mayor Isherwood has chosen to reappoint Ms. Hollingshead for another term.

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

Environmental Review: This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item does not require legal review.

Public Notice: This does not require a public hearing and has been noticed as part of the agenda.

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

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting. [Time Estimate: 8:20 p.m.]

8.1 Zone Amendment No. 758.

Recommended Action: Adopt a resolution to adopt the initial study/mitigated negative declaration prepared for the Santa Fe West Tentative Subdivision Map and Zone Amendment No. 758; and pass to print an ordinance approving Zone Amendment No. 758 changing the existing zoning designation from R-1-6 (Single-family Residential, 6,000 sq. ft. minimum lot area), R-1-12.5 (Single-family Residential, 12,500 sq. ft. minimum lot area) and R-1-20 (Singlefamily Residential, 20,000 sq. ft. minimum lot area) to R-1-4 (Low Density Residential). [S. Sopp] Summary: This is a request by Blue Fern Development to subdivide approximately 33.48-acres into a 171-lot single-family residential subdivision. The applicant is proposing to re-zone the subject property to R-1-4 (Single-Family Residential, 4,000 sq. ft. minimum lot area).

The proposed project site is located within the north-western portion of the City of Tulare, on the east side of North ‘E’ Street and between Zumwalt and West Gail Avenues. Entry access to the development will be established through two new points of access off North E Street as well as from one entry point from Zumwalt Avenue which will be extended along the northern boundary of the development.

Zone Amendment
The current zoning for the project site consists of several zoning designations including the R1-6 (Single-family Residential, 6,000 sq. ft. minimum lot area), R-1-12.5 (Single-family Residential, 12,500 sq. ft. minimum lot area) and R-1-20 (Single-family Residential, 20,000 sq. ft. minimum lot area). The applicant proposes to amend the zoning designation to allow for the proposed single-family residential development. The Zone Amendment is a request to change the existing zoning designation to R-1-4 (Low Density Residential). The proposed R-1-4 zone is consistent with the existing Low Density Residential General Plan Land Use Designation.

Tulare City Council Meeting Page 13 of 19
Agenda Memo - July 15, 2025
Tentative Subdivision Map
If approved, the recommended actions would enable the applicant to subdivide the project site into a 171-lot single family residential subdivision. The proposed subdivision would have two points of entry access from north ‘E’ Street and one from Zumwalt Avenue. The applicant would be required to extend all necessary utilities including water, sewer, electrical, and stormwater connections. Stormwater would be directed to a temporary stormwater basin to be provided within the northwest corner of the project site with stormwater ultimately being directed to a regional basin to be located to the northeast of the project site in the future as development occurs.

The project would develop all interior streets, including curb gutter and sidewalk and will extend Zumwalt Avenue along the northern property line. A 7-foot-tall block wall with backing-lot treatment and a class I bike lane will be required North ‘E’ Street. A 7 ft. tall block wall will be required to be constructed along the southern boundary of the project. A 12.5 ft. tall sound barrier will be required to be constructed along the eastern property line closest to the existing Union Pacific rail line, in order to attenuate nose generated from freight trains traveling along the railway. An assessment district in conformance with the Landscaping and Lighting Act of 1972 would be required to be formed to provide funding for the maintenance and servicing of landscaping improvements, sidewalks, and block walls within common lot areas (including areas of backing lot treatment), and for street maintenance on local streets within the project boundaries.

Planning Commission
On June 23, 2025, the Planning Commission voted 3-1 (one absent) to approve the Santa Fe West TSM and recommend that the City Council approve Zone Amendment No. 758.

Fiscal Impact & Funding Source(s): As future development occurs, payment of entitlement, building permit, development impact fees, etc. will be required of the developer. Development will result in an increase in property tax value.

Environmental Review: An Initial Study/Mitigated Negative Declaration was prepared for this project for public review pursuant to provisions of the Public Resources Code, State of California, Section 21000 to 21177 of the California Environmental Quality Act (CEQA). The City of Tulare was the lead agency on the preparation of the Initial Study/Mitigated Negative Declaration. A notice of Public Hearing for the project, and the Notice of Intent to Adopt the Mitigated Negative Declaration was published on May 14, 2025.

A comment letter was received during the 30-day review period from the San Joaquin Valley Air Pollution Control District (SJVAPCD) and the Department of Conservation. The applicant’s consultant in conjunction with city staff have prepared responses for each of the comment letters received and have been incorporated into the final IS/MND attached.

On March 5, 2025, pursuant to Public Resources Code Section 21080.3.1, a request for review to determine if formal consultation is appropriate was sent to the Santa Rosa Rancheria Tachi Yokut Tribe. No requests for tribal consultation were received from the tribe in response.

Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item does not require legal review.

Tulare City Council Meeting Page 14 of 19
Agenda Memo - July 15, 2025
Public Notice: A notice of public hearing was published in The Visalia Times Delta on July 1, 2025, which is at least 10 days prior to the public hearing and was mailed to property owners within 300 feet of the subject property.

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

8.2 Landscape Maintenance Assessments for Fiscal Year 2026.

Miller]
Summary: Each year City Council is required to set landscape maintenance assessments for the upcoming fiscal year. On June 17, 2025, Council adopted Resolution 2025-32 setting July 15, 2025 as the public hearing date to adopt landscape maintenance assessments for Fiscal Year 2026 and directing the City Engineer to file the required Engineer’s Report with the City Clerk.

The public hearing will allow property owners within each of the twenty-nine landscape districts to comment on the proposed Fiscal Year 2026 assessment for their district. The proposed assessments compare to the prior fiscal year as follows:
• eight districts are proposed to decrease,
• eleven districts are proposed to increase,
• eight districts would experience no change from the prior year, • one district will be assessed for the first time, and • one district has not yet completed any improvements requiring maintenance and therefore does not have any proposed assessments.

For the eleven districts that would experience an increase in assessment, none of the proposed assessments exceed the rate approved by property owners at the time of their formation, accounting for CPI adjustments where allowed. Therefore, with regard to Proposition 218 requirements, they do not constitute an assessment increase that would trigger the need for property owner approval by ballot.

Due to its size, electronic copies of the Engineer’s Report will be made available to councilmembers through the City Clerk’s office. A Compliance Certification and Hold Harmless Statement is required to be signed by the City Manager upon approval of the Council and submitted to the County in conjunction with the assessments.

Fiscal Impact & Funding Source(s): Revenue generated through the proposed assessments will be directed into the respective landscape and lighting district accounts and shall solely be used for the purposes identified in the Engineer’s Report for Fiscal Year 2026.

Environmental Review: This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item does not require legal review.

Public Notice: A notice of public hearing was published in the Visalia Times Delta on June 19, 2025, which is at least 10 days prior to the public hearing.

Tulare City Council Meeting Page 15 of 19
Agenda Memo - July 15, 2025
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting. [Time Estimate: 8:50 p.m.]

9.1 Zumwalt Park Amphitheater Use of Naming Rights Funds.

Recommended Action: Adopt a resolution authorizing an increase of up to $400,000 to the General Fund Community Services Venue Operations account (100-310-301-306-310-5213) appropriation and use of General Fund fund balance to offset a portion of current concert operational expenses with the fund balance replenished as Zumwalt Park Amphitheater naming rights funds are received. [M. Mondell]
Summary: On August 6, 2024, the City Council approved a naming rights agreement with Adventist Health through which the City is to receive $100,000 annually for five years payable quarterly. To date, the City has received $100,000.

At that time, it was management’s intent to utilize the revenue to meet all contract requirements and any remaining funds thereafter to be used to cover the City’s costs of maintaining the facility.

The City, and its Operator (Spade Entertainment), have been heavily marketing the venue and its concert series thereby successfully attracting visitors from throughout California and beyond.

However, unfortunately ticket sales for the 2025 season so far are not as strong as anticipated and based upon current projections, management is recommending the use of future naming rights funds to offset a portion of current concert operational expenses.

The City Council will recall that management previously advised that it could take approximately three years to establish the venue and concert series and modifications and adjustments to operations along the way may be necessary. Council will also recall that our goal has been to use the venue and concert series to attract visitors from outside the area to spur Downtown redevelopment.

Over the past six months there has been a contraction in concert attendance across the industry. This appears, in part, due to inflation and uncertainty in consumer markets, which were not anticipated during project design and are factors beyond the control of the City or the Operator.

Fiscal Impact & Funding Source(s): This appropriation increase requires the use of General Fund fund balance of up to $400,000; however, the fund balance will be replenished as Zumwalt Park Amphitheater naming rights funds are received.

Environmental Review: This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item does not require legal review.

Public Notice: This does not require a public hearing and has been noticed as part of the agenda.

Tulare City Council Meeting Page 16 of 19
Agenda Memo - July 15, 2025
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If the City does not approve the use of fund balance to offset a portion of current concert operational expenses, then contractual obligations will not be satisfied resulting in possible claims.

9.2 Farmland Mitigation Ordinance Implementation.

Recommended Action: Council to receive an update on the status of the Farmland Mitigation Ordinance implementation following the recently adopted revisions. [M. Mondell] Council will receive a verbal update at the meeting; therefore, there is not a staff report associated with this item.

9.3 Economic Development Quarterly and June Updates.

Recommended Action: Receive the Economic Development Quarterly and June Updates.

This item is informational only; therefore, no action is required. [J. Gomez] Summary: Attached is a presentation covering April-June 2025 highlighting activities and updates over the last quarter.

Also attached for your reference is the June 2025 Economic Development Bulletin identifying activities and projects that took place in the previous month highlighting four elements of economic development.
• Building permits issued pertaining to residential and commercial improvements along with the total value of those improvements
• Business licenses that were issued for either new businesses, change of ownership, or businesses that failed to have a business license previously • Active projects that will have a sizeable impact on economic development • Site Plan Review projects that have been submitted to the City that could positively address commercial and residential needs
This item is informational only and does not require any action by the City Council.

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

Environmental Review: This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item does not require legal review.

Public Notice: This does not require a public hearing and has been noticed as part of the agenda.

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

9.4 Tulare Avenue and Oakmore Street Intersection Deferred Improvement Agreement.

Recommended Action: Consider a Deferred Improvement Agreement with the developer of the Fulton Estates project at the southwest corner of Tulare Avenue (SR-137) and Oakmore Street. [T. Gaffery]
There is not a staff report associated with this item.

Tulare City Council Meeting Page 17 of 19
Agenda Memo - July 15, 2025

10. CONVENE JOINTLY AS TULARE CITY COUNCIL AND TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE TULARE REDEVELOPMENT AGENCY [Time Estimate: 9:50 p.m.]

10.1 Amended ROPS for the July 1, 2025 through June 30, 2026 Period.

Recommended Action: Adopt a resolution of the Successor Agency to the former Tulare Redevelopment Agency approving and adopting the amended Recognized Obligation Payment Schedule (ROPS) for the January 1, 2026 through June 30, 2026 period (ROPS 25-26). [M.

Roberts]
Summary: The Successor Agency to the Tulare Redevelopment Agency approved the Recognized Obligation Payment Schedule (“ROPS”) 25-26 for the July 1, 2025 through June 30, 2026 period at its December 3rd, 2024 meeting. The ROPS 25-26 was subsequently approved by the Oversight Board to the Successor Agency (“Oversight Board”) on January 10, 2025 and submitted to the California Department of Finance (“DOF”) on January 17, 2025. DOF approved all amounts requested on the ROPS 25-26 on March 14, 2025.

Pursuant to Health and Safety Code Section 34177(o)(1)(E), the Successor Agency may submit one amendment to the ROPS 25-26 if the Oversight Board makes a finding that a revision is necessary for the payment of approved enforceable obligations during the second one-half of the Recognized Obligation Payment Schedule period. In March 2025, staff were made aware of two approved enforceable obligations requiring additional funding during the second one-half of the ROPS period from January 1, 2026 to June 30, 2026. As a result, the Successor Agency seeks additional funding for ROPS Items 4 and Item 12 through the Amended ROPS process.

Land O’ Lakes Agreement (Item 4)
The first request for additional funding is for the Owner Participation Agreement (“OPA”) with Land O’ Lakes, Inc. (Item 4). The ROPS 25-26 requested $0 due to the agreement end date having passed on June 30, 2024. However, staff has identified two prior-year payments that were not made: $186,477.09 for FY 2021-22 and $191,142.10 for FY 2022-23, for a combined total of $377,619.

Both the ROPS 21-22 and ROPS 22-23 approved payments of $280,000. Although payments were owed for those years, they were not made due to an oversight with City/Successor Agency staffing changes. The Prior Period Adjustment (“PPA”) 21-22 and 22-23 reported $0 paid on Item 4, subsequently reducing the ROPS 24-25 and 25-26 Redevelopment Property Tax Trust Fund (“RPTTF”) distributions by $560,000. However, payments are still owed to Land O’ Lakes under the OPA. The Successor Agency proposes to cure these missed payments during the second half of the ROPS 25-26 period (January 1, 2026 through June 30, 2026). The Amended ROPS would request the sum of the missed payments for FY 21-22 and 22-23 or $377,619.

City-Redevelopment Agency Loan (Item 12)
The second request for additional funding is for the City-Redevelopment Agency (“RDA”) Loan (Item 12). The City and the Former RDA entered into a Loan Repayment Agreement (“Agreement”) on April 20, 2010, which was subsequently amended on June 29, 2010, February 1, 2011, and March 9, 2011 (“Third Amendment”). In order to assist the Former RDA in carrying out its redevelopment activities, the City advanced funds to the Former RDA from time to time in accordance with cooperation agreements for individual redevelopment projects. The Third Amendment formally acknowledged the amount of outstanding advances and established formal repayment terms for the Agreement (“City-RDA Loan”).

State law limits annual payments on the City-RDA Loan to one half of the difference between the previous Fiscal Year’s residual revenue and the Fiscal Year 2012-13 residual revenue.

Residual revenue is the amount of RPTTF revenue—property taxes distributed by the Auditor- Tulare City Council Meeting Page 18 of 19
Agenda Memo - July 15, 2025
Controller—available after deducting ROPS obligations, administrative fees, and taxing agency pass-through payments.

The County approved Fiscal Year 2012-13 residual RPTTF is $2,502,897. Although the Successor Agency disputes this value and believes it should be $1,524,880, for the purpose of our estimates we assumed the Fiscal Year 2012-13 residual RPTTF will be $2,502,897. The Fiscal Year 2024-25 residual RPTTF was projected to be approximately $4.3 million, resulting in a maximum payment of approximately $914,726:
$4,332,347 - $2,502,897 = $1,829,450 / 2 = $914,726
The ROPS 25-26 inadvertently requested $600,000. However, the actual FY 2025-26 City-RDA Loan payment could not be calculated until after the January 2025 RPTTF distribution, which was unavailable at the time the ROPS was prepared. Actual residential RPTTF amounted to approximately $5.3 million, which is higher than the projected amount of $4.3 million. As a result, the maximum annual payment is calculated to be approximately $1,363,153 in the ROPS B period:
$5,229,202 - $2,502,897 = $2,726,305 / 2 = $1,363,153
As a result, the Successor Agency is seeking an Amended ROPS to reflect and request the difference between the actual amount due ($1,363,153) and the amount requested on the ROPS 25-26 ($600,000) based on the updated residual revenue, in accordance with the repayment terms established under the City-RDA Loan and consistent with state law requirements. This amounts to $763,153.

Fiscal Impact & Funding Source(s): The Amended Recognized Obligation Payment Schedule (ROPS) 25-26 proposes to increase the total RPTTF funding request by $1,140,773 for the January 1 through June 30, 2026 (B) period to fund two previously approved enforceable obligations. This includes $377,619 for the Land O’ Lakes Agreement (Item 4) to address missed payments from FY 2021-22 and FY 2022-23. The Successor Agency is also requesting an additional $763,153 in RPTTF funding to reflect the actual FY 2025-26 loan payment due under the statutory formula in Health and Safety Code Section 34191.4(b)(3)(A) for the CityRDA Loan (Item 12).

If approved by the Oversight Board and the California Department of Finance, the additional RPTTF funding will be included in the January 2026 distribution for the second half of the ROPS 25-26 period.

Environmental Review: This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item does not require legal review.

Public Notice: This does not require a public hearing and has been noticed as part of the agenda.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If the Successor Agency does not proceed with the Amended ROPS 25-26, it may lose the ability to fully fund certain enforceable obligations. For the Land O’ Lakes obligation (Item 4), continued nonpayment could Tulare City Council Meeting Page 19 of 19
Agenda Memo - July 15, 2025
place the Agency in breach of the Owner Participation Agreement, as the outstanding amounts were incurred during the agreement’s valid term. For the City-RDA Loan (Item 12), the Agency would forgo $763,153 in allowable RPTTF that cannot be recovered in future years due to the statutory annual cap.

11. ADJOURN AS TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND REMAIN SEATED AS THE TULARE CITY COUNCIL

12. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 10:00 p.m.]

12.1 Direct Staff to Draft Policy for Tulare Police Department to Seek Proper Identification of Masked Federal Agents.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted by: Councilmember Sigala

12.2 Presentation by Tulare Healthcare Providers on the Status of Access to Healthcare.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted by: Councilmember Sigala

12.3 Planning and Research for New Multi-Diamond Softball Park on Westside.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted by: Councilmember Sigala

13. STAFF UPDATES [Time Estimate: 10:15 p.m.]

14. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING [Time Estimate: 10:20 p.m.]

15. RECONVENE FROM CLOSED SESSION [Time Estimate: 10:55 p.m.]

16. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.

17. ADJOURNMENT [Time Estimate: 11:00 p.m.]
The next regularly scheduled meeting of the Tulare City Council is Tuesday, August 5, 2025, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

City of Tulare Page 1 of 6

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, June 17, 2025
7:00 p.m. Regular Meeting
Proper notice of this meeting was given pursuant to Government Code Section 54954.2.

COUNCIL PRESENT: Mayor Patrick Isherwood
Vice Mayor Steve Harrell
Councilmember Jose Sigala
Councilmember Terry A. Sayre
Councilmember Dennis A. Mederos
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario U. Zamora; Chief Deputy City Clerk Melissa Hermann; Assistant City Manager Thomas W. Gaffery IV; Chief Financial Officer Mark Roberts; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Community Services Director Chris Orr; Police Chief Fred Ynclan; Fire Chief Michael Ott; Human Resources Director Shonna Oneal; Community Development Director Mario Anaya; Executive Director of Economic Development & Redevelopment Jennifer Gomez; Chief Technology Officer Jason Bowling; Housing and Grants Manager Alexis Costales; Finance Budget Manager Jacob Del Cid

1. CALL TO ORDER
Mayor Isherwood called to order the regular meeting of the City Council at 7:03 p.m. in the Council Chamber located at 491 North M Street.

2. PLEDGE OF ALLEGIANCE AND INVOCATION
Police Chief Fred Ynclan led the Pledge of Allegiance, and an invocation was given by Councilmember Sayre.

3. PROCLAMATIONS & RECOGNITIONS

3.1 Proclamation for Parks and Recreation Month – July 2025. Mayor Isherwood read and presented a proclamation to Community Services Director Chris Orr proclaiming July 2025 as Parks and Recreation Month in the City of Tulare.

Tulare Police Explorers Program Advisor Joshua Avalos recognized members of the Tulare Police Explorers for their recent accomplishments at the Central Valley Law Enforcement Competition.

4. PUBLIC COMMENT
Linda Malloy and Vicki Gordon addressed the Council regarding damaged and missing flags and poles that are placed Downtown and commented on the homelessness issue.

Antonia Lopez addressed the Council regarding smoking in public which is affecting children and polluting the air.

Maria Grijalva addressed the Council regarding smoking at Santa Fe Commons and requested a designated smoking area.

Item #: 7.2
Consent
City Council Meeting Minutes Tuesday, June 17, 2025
City of Tulare Page 2 of 6
Evelyn Long Walls addressed the Council regarding smoking at Santa Fe Commons and requested a designated smoking area.

James Cardoza addressed the Council regarding ongoing issues with transient activity at his family’s business that operates near the homeless encampment and proposed changing the lock on the garbage bin, earmarking budget dollars to be used for drug treatment, and requested the City to support Assembly Bill 306.

James Wyatt addressed the Council to request different signage at the roundabout at Tulare Avenue and Morrison Street.

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

6. COUNCIL REPORTS AND ITEMS OF INTEREST

6.1 July 1 Council meeting canceled. It was announced that the July 1 Council meeting is canceled.

Council reported on recent events and discussed items of interest.

7. CONSENT CALENDAR
Items 7.7, 7.8, and 7.9 were removed from the Consent Calendar.

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

7.7, 7.8, and 7.9.

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 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of June 3, 2025. [M. Hermann]

7.3 Second Reading and Adoption of Ordinance 2025-07.

Recommended Action: Adopt Ordinance 2025-07 designating the Tulare Elks Building as a City of Tulare Historic-Cultural Landmark and adding it to the Local Register of Historic-Cultural Landmarks pursuant to Tulare Municipal Code Chapter 10.38. [M. Anaya]

7.4 Second Reading and Adoption of Ordinance 2025-08.

Recommended Action: Adopt Ordinance 2025-08 designating the Tulare Union High School Campus, Buildings, Olympic Cauldron, Football/Track Stadium, and Community Auditorium as City of Tulare Historic-Cultural Landmarks and adding them to the Local Register of Historic-Cultural Landmarks pursuant to Tulare Municipal Code Chapter 10.38. [M. Anaya]

7.5 Landscape Maintenance Assessments for Fiscal Year 2026.

Recommended Action: Adopt a resolution to set July 15, 2025 as the public hearing date to adopt landscape maintenance assessments for Fiscal Year 2026. [M. Miller] City Council Meeting Minutes Tuesday, June 17, 2025
City of Tulare Page 3 of 6

7.6 Full Reconveyance for Tulare Local Healthcare District Properties.

Recommended Action: Authorize the mayor to sign a substitution of trustee and full reconveyance releasing the City’s rights and interests for APNs 171-300-015, 170-092- 003, 170-072-020 (3 separate portions), 170-322-034 (2 separate portions), 170-072-002, and 170-322-020, properties owned by the Tulare Local Healthcare District for which were held as security for the line of credit issued in 2019 as represented in the recorded Short Form Deed of Trust and Assignment of Rents. [M. Zamora]

ITEM(S) PULLED FROM CONSENT CALENDAR

7.7 Economic Development Updates.

Recommended Action: Receive an update on the economic development activity in the City of Tulare. [J. Gomez]
Council Action: Councilmember Sigala pulled this item to comment on the report and request Executive Director of Economic Development & Redevelopment Jennifer Gomez to speak on it. Councilmember Sigala requested future reports include status of redevelopment properties, as well as an update on the status of the downtown grants. It was moved by Councilmember Sigala, seconded by Vice Mayor Harrell, and unanimously carried to approve the item as presented.

7.8 Community Choice Aggregation.

Recommended Action: Receive a report and staff recommendation on Community Choice Aggregation (CCA) electric utility services. [T. Gaffery] Council Action: Councilmember Sigala pulled this item to provide history and requested to continue the item until more research and analysis can be done and to allow staff to meet with consultants. Following discussion, it was moved by Councilmember Sigala, seconded by Vice Mayor Harrell, and carried 4 to 1 (Mayor Isherwood voted no) to direct staff to meet with CCA consultants and grant permission for consultants to provide analysis to Council for next steps.

7.9 City of Tulare Merit System Rules and Regulations Amendment.

Recommended Action: Adopt a resolution amending the City of Tulare Merit System Rules and Regulations, Section 431, Department Head Performance Incentive Program and Section 809, Management Leave. [S. Oneal; M. Zamora] Council Action: Councilmember Mederos pulled this item for clarification on Section 809.

Human Resources Director Shonna Oneal responded thereto. It was moved by Councilmember Mederos, seconded by Councilmember Sayre, and unanimously carried to approve the item as presented.

8. PUBLIC HEARING

8.1 Parking and Business Improvement Area Report and Annual Assessments.

Recommended Action: Conduct a public hearing and adopt a resolution confirming recommendation of the Tulare Downtown Association Board of Directors and levy assessments for the Tulare Downtown Parking and Business Improvement Area Annual Assessments for Fiscal Year 2026.

Presented By: Chief Financial Officer Mark Roberts
Public Comment: The public hearing was opened at 9:46 p.m. Receiving no public comments, the public hearing was closed at 9:46 p.m.

Council Action: Councilmember Sigala inquired about the enforcement on collecting assessments. There was discussion amongst Council and staff regarding the assessment rates and whether Council has authority to change those numbers. Council directed staff to come up with different solutions for enforcement of payment. It was moved by Mayor Isherwood, seconded by Vice Mayor Harrell, and unanimously carried to approve the item as presented.

City Council Meeting Minutes Tuesday, June 17, 2025
City of Tulare Page 4 of 6
Mayor Isherwood called a recess at 9:54 p.m. and reconvened the meeting at 9:59 p.m.

8.2 Adoption of City of Tulare Fiscal Year 2026 Budget.

Recommended Action: 1) Adopt a resolution approving and adopting the City of Tulare Fiscal Year 2026 Budget totaling $177,938,330, including a General Fund operating budget where revenues plus operating transfers in equal expenditures plus operating transfers out; approving several additional capital improvement projects totaling $1,500,000 using available unassigned General Fund fund balance, establishing the appropriations therefor, and authorizing the City Manager to approve the necessary interfund transfers; establishing a Workers’ Compensation reserve/committed fund balance with initial funding of $2,000,000 from available Workers’ Compensation fund balance; and adopting the Fiscal Year 2026-2030 Capital Improvement Program; 2) Adopt a resolution approving and adopting the Fiscal Year 2026 Position Control Budget and fixing the rate of compensation of regular full-time and part-time employees, councilmembers, and seasonal/temporary employees; 3) Adopt a resolution establishing the appropriations limit for fiscal year 2026; and 4) Adopt the updated Strategic Plan.

Presented By: Chief Financial Officer Mark Roberts, Finance Budget Manager Jacob Del Cid; City Manager Marc Mondell
Public Comment: The public hearing was opened at 10:08 p.m. Receiving no public comments, the public hearing was closed at 10:09 p.m.

Council Action: Councilmember Sigala requested to reallocate 10% of Measure Y funds for at risk youth. It was moved by Councilmember Sigala, seconded by Vice Mayor Harrell, to modify the Fiscal Year 2026 Budget to reallocate 10% of Measure Y funds for at risk youth. Councilmember Sigala requested a roll call vote. Mayor Isherwood called for a roll call vote. The motion failed 2 to 3 as follows:

Ayes: Councilmember Sigala, Vice Mayor Harrell
Noes: Councilmember Mederos, Councilmember Sayre, Mayor Isherwood It was moved by Councilmember Mederos and seconded by Councilmember Sayre to approve the item as presented. Mayor Isherwood called for a roll call vote. The motion passed 5 to 0 as follows:

Ayes: Mayor Isherwood, Vice Mayor Harrell, Councilmember Sigala, Councilmember Sayre, Councilmember Mederos
Noes: None

9. GENERAL BUSINESS
Items 9.1 and 9.2 were taken out of order and heard prior to Public Hearing items 8.1 and 8.2.

9.1 Emergency Shelter Operator Term Sheet & Preliminary Operating Budget.

Recommended Action: Review and approve a term sheet and accompanying preliminary operating budget, precedent to entering into a final and comprehensive service agreement with Lighthouse Rescue Mission regarding the City’s emergency shelter project.

Presented By: Community Development Director Mario Anaya Public Comment: There were no public comments.

Council Action: Councilmember Sigala expressed concern regarding the process by which the operator was chosen, their capacity for operating the shelter, staff not being present at the shelter around the clock, and no staff member overseeing the operator and term sheet. Councilmember Sigala also inquired about the Emergency Shelter Director position and any consideration for this to be staffed by a City employee. Housing & Grants Manager Alexis Costales and City Manager Marc Mondell addressed the concerns. Mayor Isherwood inquired about the bylaws for the Lighthouse Rescue Mission board bylaws City Council Meeting Minutes Tuesday, June 17, 2025
City of Tulare Page 5 of 6
and how many members were currently serving on the board. Lighthouse Rescue Mission representative Raymond Van Beek stated there were currently four board members with hopes of increasing to seven and that although they are a faith-based organization, guests at the homeless shelter will not be required to be involved in faith-based activities. It was moved by Councilmember Sayre, seconded by Councilmember Mederos, and carried 4 to 1 (Councilmember Sigala voted no) to approve the item with revision to Section G (Emergency Shelter Mission, Goals, and Outcomes), Subsection 1 (Mission Statement) of the term sheet to read, “City will make every reasonable attempt to maintain a shelter in order to reasonably provide a humane, safe, and clean public facility for Tulare based individuals experiencing homelessness to reside, address basic needs, and use services intended to address their physical health, behavioral health, employment, social welfare, and/or housing outcomes.”

9.2 Tulare Avenue and Oakmore Street Intersection Deferred Improvement Agreement.

Recommended Action: Consider a Deferred Improvement Agreement with the developer of the Fulton Estates project at the southwest corner of Tulare Avenue (SR-137) and Oakmore Street.

Presented By: Assistant City Manager Thomas W. Gaffery IV Public Comment: There were no public comments.

Council Action: Councilmember Mederos provided additional comments following staff presentation regarding the Deferred Improvement Agreement, Personal Guarantee, Security Agreement (noted revisions are required), and Short Form Deed of Trust. Greg Nunley of Quest Equity LLC addressed the Council in regard to the agreements. The following items were discussed in regard to the proposed agreements: It was noted that the documentation needs to reflect that Mr. Nunley will put up property owned by his entity, Quest Equity LLC, as collateral for the improvements that he will make in conjunction with Mr. Bonadelle. The developer of residential phase 2, Mr. Bonadelle, shall not have a hold on building permits or certificates of occupancy issued for the 85 lots if the developer has posted improvement bonds and if State Route 137 frontage improvements are delayed due to CalTrans failure to issue an encroachment permit or conduct additional plan reviews in a timely manner. It was noted that language needs to specify that this agreement would not exempt them from having to meet their standard obligation of frontage improvements on SR 137. Councilmember Mederos clarified that Mr. Nunley would not need to get an appraisal but rather would rely on the assessment completed by Tulare County. Additionally, the word “bonds” is to be modified to “security”. Assistant City Manager Thomas W. Gaffery IV provided the Council with the agreements that were being discussed. It was moved by Councilmember Sayre, seconded by Vice Mayor Harrell, and unanimously carried to approve the agreement with amendments based on the discussions including the Bonadelle item, the frontage item, Councilmember Mederos’ participation in discussions, and any other non-substantive modifications necessary with direction to the City Attorney that his approval as to form constitutes confirmation that this agreement is consistent with today’s direction, authorize the City Manager to execute the agreement, and follow through with escrow at First American title under the escrow number 7282335, including the Estopple Certificate that is mentions and also in conformance with the agreements that have been put together.

10. FUTURE AGENDA ITEMS - NONE SUBMITTED

11. STAFF UPDATES
Staff provided updates on department activities. Councilmember Sigala requested more benches be added at the dog park.

City Council Meeting Minutes Tuesday, June 17, 2025
City of Tulare Page 6 of 6

12. ADJOURNMENT
Seeing no further business to discuss, Mayor Isherwood adjourned the regular meeting at 10:27 p.m.

These meeting minutes were approved by the Council on July 15, 2025.

Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
__________________________________
By Melissa Wilcox, Chief Deputy City Clerk
City of Tulare Page 1 of 2

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Wednesday, June 25, 2025
6:00 p.m. Special Meeting
Proper notice of this meeting was given pursuant to Government Code Section 54956.

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

Councilmember Sigala led the Pledge of Allegiance.

2. PUBLIC COMMENT
There were no public comments.

3. GENERAL BUSINESS

3.1 SB 1 Transportation Improvement Projects for Fiscal Year 2026.

Recommended Action: Adopt a resolution identifying the Road Maintenance and Rehabilitation Account (RMRA) funds available through Senate Bill 1 (SB 1) that have been programmed into the City of Tulare’s Capital Improvement Program for Fiscal Year 2026 and a list of proposed projects that will utilize those funds.

Presented By: Project Manager Dylan Chimienti
Public Comment: There were no public comments.

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

3.2 Tulare Avenue and Oakmore Street Intersection Deferred Improvement Agreement.

Recommended Action: Consider a Deferred Improvement Agreement with the developer of the Fulton Estates project at the southwest corner of Tulare Avenue (SR-137) and Oakmore Street.

Presented By: Assistant City Manager Thomas W. Gaffery IV Public Comment: There were no public comments.

Council Action: Staff advised they are still working on this item; therefore, no action was taken. Councilmember Mederos provided additional information regarding the current status and the issues being worked through. Questions posed by Council were responded to by staff.

City Council Meeting Minutes Wednesday, June 25, 2025
City of Tulare Page 2 of 2

4. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING ITEMS

4.1 Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to Govt. Code § 54956.9(d)(4) Number of Potential Cases: 1
Council recessed to closed session at 6:12 p.m.

5. RECONVENE FROM CLOSED SESSION
Council reconvened from closed session at 7:10 p.m.

6. CLOSED SESSION REPORT
City Attorney Mario Zamora advised there was no reportable action.

7. ADJOURNMENT
Mayor Isherwood adjourned the special meeting at 7:10 p.m.

These meeting minutes were approved by the Council on July 15, 2025.

Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
__________________________________
By Melissa Wilcox, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: July 15, 2025
Department: Public Works - Water
Submitted by: Trisha Whitfield, Public Works Director
Agenda Title: New City Logo on Water Tower

RECOMMENDED ACTION
Award and authorize the City Manager to sign a contract with Pittsburg Tank & Tower Group in the amount of $79,825 to paint the new logo on the old Water Tower located on O Street at Tulare Union High School; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($7,982.50).

SUMMARY
In December 2023, the City of Tulare issued a Request for Proposal seeking a qualified consulting firm to create a logo redesign for the City. Prior to this, the City had an existing logo that was developed in the mid-1990’s that had become outdated and irrelevant. MIG was the consulting firm selected, and they immediately began working on a new logo involving numerous meetings with City staff and an advisory committee comprised of local individuals, including multiple presentations to the City Council. On November 5, 2024, the City Council approved the new City logo as prepared and presented by MIG.

Since then, staff has been working to incorporate the logo in all facets of communications, marketing, media relations, etc.

FISCAL IMPACT & FUNDING SOURCES
This project will be funded through the City Manager’s budget using contingency funds.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

LEGAL REVIEW
This item does not require legal review.

Item #: 7.3
Consent

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
If the project is not approved, the artwork on the water tower will remain unchanged.

ATTACHMENTS

1. Proposal from Pittsburg Tank & Tower

2. Rendering of Water Tower from MIG
Reviewed/Approved:

Staff Report
Meeting: City Council
Date: July 15, 2025
Department: Community Services - Senior Services
Submitted by: Brian Beck, Assistant Community Services Director Agenda Title: 2025/2026 KTAAA Agreements

RECOMMENDED ACTION
Authorize the City Manager or designee to sign agreements with the Kings/Tulare Area Agency on Aging for the City of Tulare to provide nutritional services through the 2025/2026 K/TAAA Senior Nutrition Program.

SUMMARY
Each year, the Senior 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 our 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 25/26-05 – total funding award $262,561 a. This agreement is our regular on-going agreement which is the basis for the daily meal program.

3. Total 2025/2026 Agreement award - $334,805

FISCAL IMPACT & FUNDING SOURCES
These funds, if approved, will continue to provide nutrition for the seniors of our community.

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.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

Item #: 7.4
Consent

LEGAL REVIEW
These agreements are long-standing arrangements with the City of Tulare. The agreements were sent for review by the City Attorney Office on July 7, 2025.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. K/TAAA Agreement 25/26-05

2. NM Agreement 25/26-05
Reviewed/Approved:

FY 2025-2026
AGREEMENT NO: K/T AAA 25/26-05
CONTRACTOR: City of Tulare

Kings/Tulare Area Agency on Aging 2 Agreement No: K/T AAA 25/26-05

AGREEMENT
THIS AGREEMENT is entered into on , between the
KINGS/TULARE AREA AGENCY ON AGING, hereinafter referred to as “K/T AAA” and VALLEY CAREGIVER RESOURCE CENTER (VCRC), 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, 2025, and shall terminate on June 30, 2026. No obligations may be incurred after June 30, 2026.

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. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
(HIPAA): Contractor shall comply with the Health Insurance Portability and Accountability Act (HIPAA) exhibit, attached as Exhibit E, entitled HIPAA Requirements, which exhibit is made a part of this Agreement by reference.

7. CONTRACT AWARD AND UNITS OF SERVICE: Contractor shall be paid an amount not to exceed TWO HUNDRED SIXTY-TWO THOUSAND FIVE HUNDRED SIXTY-ONE dollars ($262,561) for service categories and contracted service units that shall include, without limitation, those services as per Exhibit F, entitled Contracted Award and Units of Service, which exhibit is made part of this Agreement by reference.

8. PROGRAM SCOPE OF SERVICES: Contractor shall deliver program services that shall include, without limitation, those services and service delivery methods as per Exhibit G, entitled Program Scope of Services, which exhibit is made part of this Agreement by reference.

The contract lists all services delivered by all K/T AAA contracted providers. Only the

Kings/Tulare Area Agency on Aging 3 Agreement No: K/T AAA 25/26-05 sections pertaining to the actual services listed in Exhibit F, entitled Contract Award and Unit of Service, as being funded will be applicable.

9. 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.

10. 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 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, 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.

11. 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.

12. 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.

Kings/Tulare Area Agency on Aging 4 Agreement No: K/T AAA 25/26-05

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.

13. 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 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.

14. 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.

15. 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.

16. 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

Kings/Tulare Area Agency on Aging 5 Agreement No: K/T AAA 25/26-05 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.

17. 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.

18. 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.

19. 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.

20. 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.

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

22. 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.

23. 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.

24. 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.

25. 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.

Kings/Tulare Area Agency on Aging 6 Agreement No: K/T AAA 25/26-05 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.

26. 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.

27. LICENSING AND CERTIFICATION: Contractor represents that it maintains the 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.

28. 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.

Kings/Tulare Area Agency on Aging 7 Agreement No: K/T AAA 25/26-05

29. 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.

30. 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

Kings/Tulare Area Agency on Aging 8 Agreement No: K/T AAA 25/26-05 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.

31. 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.

32. 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.

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

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

35. 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:
http://www.documents.dgs.ca.gov/pd/traffic/wsca/participatingaddendum/UPSGTC610.pdf

Kings/Tulare Area Agency on Aging 9 Agreement No: K/T AAA 25/26-05 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.

Kings/Tulare Area Agency on Aging 10 Agreement No: K/T AAA 25/26-05 Exhibits – Table of Contents
EXHIBIT A: GENERAL SCOPE OF WORK ............................................................................ 12 ARTICLE I. DEFINITIONS .................................................................................................... 12 ARTICLE II. SCOPE OF WORK ............................................................................................ 20 EXHIBIT B: BUDGET DETAIL, PAYMENT PROVISIONS, AND CLOSEOUT................. 29 ARTICLE I. FUNDS ................................................................................................................ 29 ARTICLE II. BUDGET AND BUDGET REVISION ............................................................. 34 ARTICLE III. PROGRAM SPECIFIC BUDGET AND BUDGET REVISION.................... 36 ARTICLE IV. PAYMENTS.................................................................................................... 38 ARTICLE V. CLOSEOUT....................................................................................................... 39 EXHIBIT C: SPECIAL TERMS AND CONDITIONS .............................................................. 40 ARTICLE I. DEFINITIONS AND RESOLUTIONS OF LANGUAGE CONFLICTS ......... 40 ARTICLE II. ASSURANCES.................................................................................................. 42 ARTICLE III. AGREEMENT.................................................................................................. 48 ARTICLE IV. COMMENCEMENT OF WORK..................................................................... 48 ARTICLE V. SUBCONTRACTS ............................................................................................ 48 ARTICLE VI. RECORDS........................................................................................................ 50 ARTICLE VII. PROPERTY..................................................................................................... 51 ARTICLE VIII. ACCESS......................................................................................................... 54 ARTICLE IX. MONITORINGAND EVALUATION............................................................. 54 ARTICLE X. AUDIT REQUIREMENTS ............................................................................... 55 ARTICLE XI. INSURANCE ................................................................................................... 61 ARTICLE XII. TERMINATION ............................................................................................. 63 ARTICLE XIII. REMEDIES.................................................................................................... 65 ARTICLE XIV. DISSOLUTION OF ENTITY ....................................................................... 66 ARTICLE XV. AMENDMENTS, REVISIONS OR MODIFICATIONS............................... 66 ARTICLE XVI. NOTICES....................................................................................................... 66 ARTICLE XVII. K/T AAA CONTACT .................................................................................. 67 ARTICLE XVIII. INFORMATION CONFIDENTIALITY AND SECURITY...................... 67 ARTICLE XIX. COPYRIGHTS AND RIGHTS IN DATA.................................................... 78 ARTICLE XX. PUBLIC EDUCATION AND INFORMATION............................................ 79 EXHIBIT D: ADDITIONAL PROVISIONS ............................................................................... 82 ARTICLE I. ASSURANCES SPECIFIC TO THIS AGREEMENT ....................................... 82 ARTICLE II. REPORTING PROVISIONS............................................................................. 91 ARTICLE III. APPEAL PROCESS ......................................................................................... 93 ARTICLE IV. TRANSITION PLAN....................................................................................... 94 ARTICLE V. OBLIGATIONS UPON TERMINATION SPECIFIC TO THE OMBUDSMAN PROGRAM 95
EXHIBIT E: HIPAA REQUIREMENT (Update version 04/09/13)........................................... 97 EXHIBIT F: CONTRACT AWARD AND UNITS OF SERVICE .......................................... 101

Kings/Tulare Area Agency on Aging 11 Agreement No: K/T AAA 25/26-05 EXHIBIT G: PROGRAM SCOPE OF WORK......................................................................... 103 SCOPE OF WORK: TITLE III-B: SUPPORTIVE SERVICES (REQUIRED) ................... 103 INFORMATION AND ASSISTANCE.............................................................................. 103 LEGAL SERVICES............................................................................................................ 104 OUTREACH....................................................................................................................... 107 SENIOR CENTER ACTIVITIES....................................................................................... 107 TRANSPORTATION......................................................................................................... 108 SCOPE OF WORK: TITLE III-B: SUPPORTIVE SERVICES (CATEGORY A).............. 108 SCOPE OF WORK: TITLE III-B: SUPPORTIVE SERVICES (CATEGORY B).............. 109 SCOPE OF WORK: TITLE III-C: SENIOR NUTRITION SERVICES .............................. 110 SCOPE OF WORK: TITLE III-D: HEALTH PROMOTION/DISEASE MANAGEMENT126 SCOPE OF WORK: TITLE VII-B: ELDER ABUSE PREVENTION SERVICES............. 128 SCOPE OF WORK: TITLE III-E: FAMILY CAREGIVER SUPPORT PROGRAM.......... 129 FAMILY CAREGIVER INFORMATION SERVICES .................................................... 129 FAMILY CAREGIVER ACCESS ASSISTANCE............................................................ 129 FAMILY CAREGIVER SUPPORT SERVICES............................................................... 130 FAMILY CAREGIVER RESPITE CARE......................................................................... 132 EXHIBIT H: CULTURAL COMPETENCE AND DIVERSITY.............................................. 133

Kings/Tulare Area Agency on Aging 12 Agreement No: K/T AAA 25/26-05 EXHIBIT A: GENERAL SCOPE OF WORK
ARTICLE I. DEFINITIONS
A. DEFINITIONS SPECIFIC TO TITLE III AND TITLE VII PROGRAMS

1. Caregiver Assessment means a defined process of gathering information to identify the specific needs, barriers to carrying out caregiving responsibilities, and existing supports of a family caregiver or older relative caregiver, as identified by the caregiver involved, to appropriately target recommendations for support services described in OAA §373(b). Such assessment shall be administered through direct contact with the caregiver, which may include contact through a home visit, the Internet, telephone, or teleconference, or in-person interaction. [OAA §372(a)(1)]

2. Child: an individual who is not more than eighteen (18) years of age, and has not yet attained the statutory age of majority [Cal. Fam. Code §§ 6500-6502]

3. Coordination means activities that involve the active participation of the Area Agency on Aging (AAA) staff to include liaison with non-Older Americans Act (OAA) funded agencies and organizations for the purpose of avoiding duplication, improving services, resolving problems related to service delivery, and addressing the service needs of the eligible service population.

4. Eligible Service Population for Title III B and D means individuals 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. [OAA, §305(a)(2)(E)][22 CCR §§7125, 7127, 7130, 7135 and 7638.7]

5. Eligible Service Population for Title III C-1 and C-2 means individuals 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 LEP, and older individuals residing in rural areas. [OAA §305(a)(2)(E)][22 CCR §§ 7125, 7127, 7130, 7135 and 7638.7]
a. Individuals eligible to receive a meal at a congregate nutrition site are:
i. Any older individual.
ii. The spouse of any older individual.
iii. A person with a disability, under age sixty (60) who resides in housing facilities occupied primarily by older individuals at which congregate nutrition services are provided.

Kings/Tulare Area Agency on Aging 13 Agreement No: K/T AAA 25/26-05 iv. A disabled individual who resides at home with and accompanies an older individual who participates in the program
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 CFR 1321.69(a)] ii. A spouse of a person 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.

6. Eligible Service Population for Title III E means an adult family member, or other individual, who is an informal provider of in-home and community care to an older individual or to an individual with Alzheimer’s disease or a related disorder with neurological and organic brain dysfunction. Older relative caregivers (age 55+) who are primarily caring for a child or individual with a disability are also eligible for services. [OAA §302(3)]

7. Indirect Costs means costs incurred for a common or joint purpose benefiting more than one cost objective and not readily assignable to the cost objective specifically benefited, without effort disproportionate to the results achieved.

8. Individual with a disability. The term “individual with a disability” means an individual with a disability, as defined in Section 3 of the Americans with Disabilities Act of 1990 (42 U.SC. 12102), who is not less than age 18 and not more than age 59. [OAA 372(a)(2)]

9. In-Kind Contributions means the value of non-cash contributions donated to support the project or program (e.g., property, service, etc.).

10. Matching Contributions means local cash and/or in-kind contributions made by the Contractor, a subcontractor, or other local resources that qualify as match for contract funding.

11. Non-Matching Contributions means local funding that does not qualify as matching contributions and/or is not being budgeted as matching contributions. (e.g., federal funds, overmatch, etc.).

Kings/Tulare Area Agency on Aging 14 Agreement No: K/T AAA 25/26-05

12. Nutrition Education means an intervention targeting OAA participants and caregivers that uses information dissemination, instruction, or training with the intent to support food, nutrition, and physical activity choices and behaviors (related to nutritional status) in order to maintain or improve health and address nutrition-related conditions. Content is consistent with the Dietary Guidelines for Americans; is accurate, culturally sensitive, regionally appropriate, and considers personal preferences; and is overseen by a registered dietitian or individual of comparable expertise as defined in the OAA.

13. Nutrition Services Incentive Program (NSIP) means the program whose purpose is to provide incentives to encourage and reward effective performance by the AAAs in the efficient delivery of nutritious meals to older individuals. The program consists of a cash allotment based on the ratio of the number of meals served by each Planning and Service Area (PSA) compared to the total number of meals served in the State in the prior-prior federal fiscal year.

14. Older relative caregiver means a caregiver who is –

1. Is age 55 or older; and

2. Lives with, is the informal provider or in-home and community care to, and is the primary caregiver for, a child or an individual with a disability.

3. In the case of a caregiver for a child –
a. Is the grandparent, step grandparent, or other relative (other than the parent) by blood, marriage, or adoption, of the child;
b. Is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to serve as the primary caregivers of the child; and
c. Has a legal relationship to the child, such as legal custody, adoption, or guardianship, or is raising the child informally.

4. In the case of a caregiver for an individual with a disability, is the parent, grandparent, or other relative by blood, marriage, or adoption of the individual with a disability. [OAA 372(a)(2)]

15. One-Time-Only Funds means:
a. Titles III and VII federal funds allocated to the AAA in a State fiscal year that are not expended or encumbered for services and administration provided by June 30 of that fiscal year as reported to California Department of Aging (CDA) in the Area Plan Financial Closeout Report [22 CCR 7314(a)(6)]

Kings/Tulare Area Agency on Aging 15 Agreement No: K/T AAA 25/26-05 b. Title III and VII federal funds recovered from an AAA as a result of a fiscal audit determination and resolution by the CDA [22 CCR 7314(a)(7)] c. Supplemental Title III and Title VII program funds allocated by the Administration on Aging to the CDA as a result of the federal re-allotment process [22 CCR 7314(a)(8)]

16. Priority Services for Title III B means those services associated with access to services (transportation, outreach, information and assistance, and case management); in-home services, including supportive services such as respite and visiting, for families of older individuals who are victims of Alzheimer’s disease and related disorders with neurological and organic brain dysfunction, and legal assistance.

17. Priority Services for Title III E means services provided:

A. Caregivers who are older individuals with greatest social need, and older individuals with greatest economic need (with particular attention to lowincome older individuals) B. Older relative caregivers of children with severe disabilities, or individuals with disabilities who have severe disabilities. [OAA 373(c)(2)(A-B)] C. Family Caregivers who provide care for individuals with Alzheimer’s disease and related disorders with neurological and organic brain dysfunction [OAA 372(b)]

18. Program Development means activities that either establish a new service or expand or integrate existing services.

19. Program Income means revenue generated by the Contractor or the subcontractor from contract-supported activities. Program income is:
a. Voluntary contributions received from a participant or other party for services received.
b. Income from usage or rental fees of real or personal property acquired with grant funds or funds provided under this Agreement. c. Royalties received on patents and copyrights from contract-supported activities.
d. Proceeds from sale of goods created under a CDA grand funds.

Kings/Tulare Area Agency on Aging 16 Agreement No: K/T AAA 25/26-05

20. Program Requirements means Title III program requirements found in the Older Americans Act OAA 42 USC §§3001-3058); the Code of Federal Regulations (45 CFR 1321); the California Code of Regulations (22 CCR 7000 et seq.); and California Department of Aging (CDA) Program Memoranda.

21. Title III B (Supportive Services) means a variety of services including, but not limited to: personal care, homemaker, chore, adult day health care, case management, assisted transportation, transportation, legal assistance, information and assistance, outreach, and long-term care ombudsman advocacy, as defined in the National Aging Program Information Systems (NAPIS) categories and the National Ombudsman Reporting System (NORS). [OAA §321(a)]

22. Title III 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 one-third (1/3) of the Dietary Reference Intakes (DRI) and comply with the current Dietary Guidelines for Americans, 2010. To be an eligible Title III C-1 congregate nutrition site, the site must meet all of the following criteria:
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)][Title 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)]

23. To-Go Meals: meals that are picked up by individuals 69 years of age or older (or their agent) or delivered to individuals 60 years of age or older who are not comfortable dining in congregate meal settings.
a. C-1: To-Go meals are categorized as C-1 meals if they are consumed onsite and include in-person interaction (e.g., dining at congregate site such as restaurant, food truck, etc. or one-on-one with program volunteer) or consumed offsite and include virtual interaction (e.g., group interaction via Zoom, FaceTime, etc. or one-on-one with program volunteer via telephone) during the meal.

Kings/Tulare Area Agency on Aging 17 Agreement No: K/T AAA 25/26-05 b. C-2: To-Go meals are categorized as C-2 meals if they are consumed offsite without in-person or virtual interaction.

24. Title III C-2 (Home Delivered Nutrition Services) means nutrition services provided to frail, homebound, or isolated older individuals via home delivery or picked-up and consumed at their place of residence or otherwise outside of in person or virtual congregating. Services include meals, nutrition and health promotion education, and nutrition risk screening. Each meal shall provide onethird (1/3) of the Dietary Reference Intakes (DRI) and comply with the current Dietary Guidelines for Americans. [22 CCR 7135, 22 CCR 7638.7(c)]

25. Title III D (Health Promotion Evidence Based) means disease prevention and health promotion programs that are based on scientific evidence and demonstrated through rigorous evaluation to be effective in improving the health of older adults.

Title III D evidence-based health promotion programs include programs related to the prevention and mitigation of the effects of chronic diseases (including osteoporosis, hypertension, obesity, diabetes, and cardiovascular disease), infectious disease, and vaccine-preventable disease, and prevention of sexually transmitted diseases. Evidence-based services also include programs focused on alcohol and substance abuse reduction, chronic pain management, smoking cessation, weight loss and control, stress management, falls prevention, physical activity, and improved nutrition. [OAA 102 (14)(D)]

26. Title III E Family Caregiver Support Program (FCSP) Five Required Core Categories are:
a. Information Services
b. Access Assistance
c. Support Services
d. Respite Care
e. Supplemental Services
B. DEFINITIONS SPECIFIC TO TITLE VII-A (ALLOTMENTS FOR VULNERABLE

ELDER RIGHTS PROTECTION ACTIVITIES)

1. Eligible Service Population means individuals who are residents of long term care facilities (i.e., nursing, skilled nursing, distinct part facilities, residential care facilities for the elderly, and other adult care homes similar to these facilities), hereinafter referred to as residents, regardless of their socio-economic status or area of residence. [OAA §§ 102(35), 321(a)(10); Welf. & Inst. Code § 9701(b),(e)]

Kings/Tulare Area Agency on Aging 18 Agreement No: K/T AAA 25/26-05

2. Local Ombudsman Coordinator means the individual selected by the Governing Board or Executive Director responsible for the Local Ombudsman Program and designated by the State Ombudsman to represent the Local Ombudsman Program and the Office of the State Long-Term Care Ombudsman.

This individual manages the day-to-day operations of the Local Ombudsman Program, including implementation of federal and State requirements. [OAA 712(a)(5)(A); Welf. & Inst. Code 9701(d)]

3. Local Ombudsman Program means either a program of the Area Agency on Aging (AAA) or its Subcontractor that is designated by the State Ombudsman to carry out the duties of the State Long-Term Care Ombudsman Program with respect to the Planning and Service Area (PSA). The selection is in accordance with policies and procedures established by the State Ombudsman and which meets the State Ombudsman’s criteria for designation and concurrence. [OAA §§711(3), 712(a)(5)(D)][WIC §9701(a)]

4. Office of the State Long-Term Care Ombudsman (OSLTCO) means the office established by CDA to carry out the State Long-Term Care Ombudsman Program, both directly and by contract between CDA and the AAAs. As a program of CDA, OSLTCO is responsible for activities that promote the development, coordination, and utilization of Ombudsman services. OLSTCO establishes and maintains effective communication with programs that provide legal services for the elderly and advocacy services of a similar nature that receive funding or official designation from the State. OSLTCO analyzes data, monitors government actions, and provides recommendation pertaining to long-term care facilities and services. OSLTCO periodically updates training procedures for Local Ombudsman Programs and provides them with administrative and technical assistance. [OAA 711(1), 712(a)(1), 712(h); 45 CFR 1324.1; Welf. & Inst. Code 9710, 9716, 9717]

5. Ombudsman Representative means the volunteer or employee of the Local Ombudsman Program who is individually certified by the State Ombudsman in accordance with policies and procedures established by the State Ombudsman to serve as a representative of the Office. [OAA 711(5), 712(a)(5)(A); 45 CFR 1324.1; Welf. & Inst. Code 9712.5]

6. State Long-Term Care Ombudsman Program means the CDA program through which the function and duties of OSLTCO are carried out, consisting of the State Ombudsman, OSLTCO headed by the State Ombudsman, and the representatives of the Office. [OAA 712(A)(1)(B)] [45 CFR 1327.1] [Welf. & Inst. Code 9700]

7. State Ombudsman means the individual who serves as the full-time head of the Office of the Long-Term Care Ombudsman (OSLTCO). The State Ombudsman is appointed by the CDA director and reports directly to this Director. With the participation of the Area Agencies on Aging’s (AAAs), the State Ombudsman

Kings/Tulare Area Agency on Aging 19 Agreement No: K/T AAA 25/26-05 develops policies and procedures for the State Ombudsman Program, including AAAs responsibilities for the provision of Ombudsman services in their Planning and Service Area (PSA) – including their resolution of concerns with respect to Local Ombudsman Program activity. [OAA §§712(a)(2)(3), 712(a)(5)(D)(ii), 712(e)][WIC §§9701(f), 9711]
C. DEFINITIONS SPECIFIC TO TITLE VII-A (ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES – PROGRAMS FOR PREVENTION

OF ELDER ABUSE, NEGLECT, AND EXPLOITATION)

1. Elder Abuse Prevention Programs means activities to develop, strengthen, and carry out programs for the prevention, detection, assessment, and treatment of, intervention in, investigation of, and response to elder abuse, neglect, and exploitation (including financial exploitation). [OAA 721]

Kings/Tulare Area Agency on Aging 20 Agreement No: K/T AAA 25/26-05 ARTICLE II. SCOPE OF WORK
A. The Contractor shall:

1. Implement the statutory provisions of the Title III and Title VII Programs [OAA § 306] in accordance with State and federal laws and regulations. The AAA shall make every effort to meet the goals and objectives stipulated in the four-year Area Plan and annual updates of the Area Plan’s Goals, Objectives, and Service Unit Plan, herein incorporated into this Program Guide by reference. Performance shall not be unilaterally reduced or otherwise changed without prior consultation percent (10%) requires written approval from CDA.

2. Establish and maintain an organization that shall have the ultimate accountability for funds received from the K/T AAA and for the effective and efficient implementation of the activities as described in the Area Plan and all pertinent state and federal laws and regulations, including data reporting requirements.

3. Meet the adequate proportion requirements for priority services as required under the OAA, §306(a)(2) and 22 CCR, §7312.

4. Maintain staff time records and documentation to identify the allocation of Program Development or Coordination activities to determine the amount of Program Development or Coordination expenditures. Records and documentation shall:
a. Include a written description for each Program Development or Coordination activity in the staff time records that is of sufficient detail to define the event or type of activity.
b. Be traceable back to the Program Development or Coordination objectives as approved by the Area Plan.

5. Keep on file a written record/documentation supporting expenditures of Program Development or Coordination activities for five years or until any audit is resolved, whichever is longer.

6. Not budget or fund Program Development or Coordination activities as a cost of Title III B Supportive Services until it has first budgeted and spent the total of its Title III B, C, and E funds allocated for Area Plan administration costs. During the current fiscal year as specified on the budget display, Program Development or Coordination activities and Area Plan administration activities can occur simultaneously.

Kings/Tulare Area Agency on Aging 21 Agreement No: K/T AAA 25/26-05

7. Meet the requirements under the OAA, §301(a)(1), to secure and maintain maximum independence and dignity in a home environment for the eligible service population capable of self-care with appropriate supportive and nutrition services.

8. Remove individual and social barriers to economic and personal independence for the eligible service population to the extent possible as required under OAA, §301(a)(1)(B).

9. Provide a continuum of care for the vulnerable eligible service population as required under OAA, §301(a)(1)(C).

10. Secure the opportunity for the eligible service population to receive managed inhome services as required under OAA, §301(a)(1)(D).

11. Conduct and/or promote activities for the prevention and treatment of elder abuse, neglect, and exploitation, as required under the OAA, §721.

12. Enter into contracts with sub-contractors, which require them to provide services pursuant to Title 22 CCR Sections 7352 through 7364. The Contractor shall ensure all applicable provisions required within this Agreement are included in the subcontract(s).

13. Review, approve and monitor subcontractor budgets and expenditures and any subsequent amendments and revisions to budgets. The Contractor shall, to the extent feasible, ensure that all budgeted funds are expended by the end of each fiscal year.

14. Monitor, on an ongoing basis, the subcontractor’s use of federal and State funds through reporting, site visits, regular contact, or other means to assure the subcontractor administers federal and State awards in compliance with laws, regulations, and the provisions of contracts and that performance goals are achieved. The contractor must follow up and ensure that the Subcontractor takes timely and appropriate action on all deficiencies pertaining to the Federal programs detected through monitoring and on-site review [CFT 75.352]. Onsite program monitoring will be conducted every two years for all programs except Title III C-1 and Title III C-2 which will be conducted every year. Onsite Fiscal monitoring will be conducted every two years for all programs including Title III C-1 and Title III C-2.

Kings/Tulare Area Agency on Aging 22 Agreement No: K/T AAA 25/26-05

15. Monitor nutrition programs. Non-food preparation congregate dining sites must be inspected using a standardized procedure developed by K/T AAA that ensures all sites are seen systematically. The K/TAAA Registered Dietitian (RD) will physically inspect each food preparation site and non-food preparation congregate dining site on a quarterly basis. K/T AAA policies and procedures include the following:
a. Inspection of non-food preparation nutrition sites at least quarterly. b. Inspection of non-food preparation nutrition sites more often if they are seen to have an increased risk for food safety violations or a history of corrective actions.
c. Inspection of central kitchen sites annually on-site. [22 CCR 7634.3(d)]

16. Maintain or increase the number of Title III C-1 and C-2 meals served if federal and/or State funds for meal programs increase. This contract shall promote and maintain high standards of food safety and sanitation as required by the California Retail Food Code (CalCode).

17. Provide support and technical assistance to sub-contractor(s) and respond in writing to all written requests for direction, guidance, and interpretation of instructions, to include client and performance data.

18. Distribute and maintain up-to-date CDA and K/T AAA requirements so that all responsible persons have ready access to standards, policies, and procedures.

19. Provide program information and assistance to the public.

20. The K/T AAA maintains a four-year Area Plan, with annual updates, as specified in Title 22 CFR, Sections 7300 through 7320. The Contractor will provide all information when requested by the K/T AAA for inclusion in each annual Area Plan update.

21. Maintain a program data collection and reporting system consistent with K/T AAA requirements as specified in Exhibit D.

22. Contract Title III case management services only to a public or non-profit agency, as required by the 42 United States Code §3026(a)(8)(C).

23. Offer to each older individual seeking Title III case management services a list of agencies that provide similar services within the jurisdiction of the AAA, as specified in 42 USC §3026(a)(8)C)(i)-(iii).

Kings/Tulare Area Agency on Aging 23 Agreement No: K/T AAA 25/26-05

24. Include the identity of each designated community focal point in subcontracts as specified in 42 USC §3026(a)(3)(B)
Designated Community Focal Point Address
Tulare County
Community Services Employment Training
(K/T AAA Information Center)
312 NW 3rd Ave., Visalia, CA 93291
Cutler-Orosi Senior Center Ledbetter Park, 12691 Ave. 408, Cutler, CA 93615
Dinuba Senior Center 437 N. Eaton, Dinuba, CA 93618
Earlimart Senior Center 712 E. Washington, Earlimart, CA 93219
Exeter Senior Center Carnegie Building, 301 S. E St.,
Exeter, CA 93221
Farmersville Senior Center 444 N. Gene, Farmersville, CA 93223 Goshen Senior Center St. Thomas Catholic Church, 6735
Ave 308,
Goshen, CA 93291
Hot Springs Capineros Senior Center 41810 Hot Springs Rd., California Hot Springs, CA 93207
Kings/Tulare Area Agency on Aging 5957 So. Mooney Blvd., Visalia, CA 93277
Lindsay Senior Center 911 N. Parkside, Lindsay, CA 93247 Porterville Senior Center 280 N. 4th St., Porterville, CA 93257 Three Rivers Senior Center Memorial Building, 43490 Sierra Dr., Three Rivers, CA 93271
Tulare Senior Center 201 N. F Street, Tulare, CA 93274
Valley Adult Day Services (formerly
Porterville Adult Day Services)
227 E. Oak Ave., Porterville, CA
93257
Woodlake Senior Center 325 E. Antelope, Woodlake, CA
93286
Visalia Senior Center 310 N. Locust, Visalia, CA 93292
Kings County
Armona Senior Center 10953 14th Ave., Armona, CA 93202
Avenal Senior Center 108 W. Kings, Avenal, CA 93204

Kings/Tulare Area Agency on Aging 24 Agreement No: K/T AAA 25/26-05 Corcoran Senior Center 800 Dairy Dr., Corcoran, CA 93212 Hanford Senior Center View Road Apartments, 602 9 ¼ Ave., Hanford, CA 93230
Kings County Commission on Aging 680 No. Campus Dr, Ste D, Hanford, CA 93230
Generations Lemoore Adult Day Care 1075 Blake St., Lemoore, CA 93245 Lemoore Senior Center 789 S. 18th St., Lemoore, CA 93245

25. Ensure that meal counts associated with Title III C-1, C-2 and NSIP are in accordance 22 CCR 7638.7(a)(1)-(4).

26. Offer a meal to a volunteer under age of sixty (60) if doing so will not deprive an older individual of a meal. [22 CCR 7638.7(b)(1)] The Contractor or the Subcontractor shall develop and implement a written policy for providing and accounting for volunteer meals. [22 CCR 7638.7(b)(2)]

27. Provide a home-delivered meal to an eligible individual who is:
a. An older individual who is frail as defined by 22 CCR 7119, and homebound by reason of illness, disability, or isolation. b. A spouse of a person in 22 CCR 7638.7(c)(1), regardless of age or condition, if an assessment concludes that it is in the best interest of the homebound older individual.
c. An individual with a disability who resides at home with older individuals if an assessment concludes that it is in the best interest of the homebound older individual who participates in the program.
d. Priority shall be given to older individuals identified in 22 CCR 7638.7(c)(1).

28. Report a meal only once either as a Title III meal or a Title VI meal.

29. Adhere to 48 CFR 3.908 implementing section 828, entitled “Pilot Program for Enhancement of Contractor Whistleblower Protections”, of the National Defense Authorization Act (NDAA) for Fiscal Year 2013 (Pub. L. 112-239, enacted January 2, 2013), applies to this agreement.

Kings/Tulare Area Agency on Aging 25 Agreement No: K/T AAA 25/26-05

30. Recognize any same-sex marriage legally entered into in a United States (U.S.) jurisdiction that recognizes their marriage, including one of the 50 states, the District of Columbia, or a U.S. Territory, or in a foreign country so long as that marriage would also be recognized by a U.S. jurisdiction. This applies regardless of whether or not the couple resides in a jurisdiction that recognizes same-sex marriage. However, this does not apply to registered domestic partnerships, civil unions, or similar formal relationships recognized under the law of the jurisdiction of celebration as something other than a marriage. Accordingly, recipients must review and revise, as needed, any policies and procedures which interpret or apply federal statutory or regulatory references to such terms as “marriage”, “spouse”, “family”, “household member” or similar references to familial relationships to reflect inclusion of same-sex spouse and marriages. Any similar familial terminology references in the U.S. Department of Health and Human Services’ (HHS) statutes, regulations, or policy transmittals will be interpreted to include same-sex spouses and marriages legally entered into as described herein. [1 U.S.C. 7 §3 of the Defense of Marriage Act]

31. To ensure all data is collected for the unmet need as requested by the U.S.

Legislature, the contractor must develop and implement a Wait List policy and procedure. The policy and procedure must include provisions for: prescreening individuals to determine eligibility; managing applicants’ placement on and removal from the Wait List; periodically reviewing the eligibility and identified needs of applicants on the Wait List; and assigning priority for enrollment based on Wait list.

32. Comply with all applicable State and federal laws.

B. The Contractor shall ensure that the Local Ombudsman Program, in accordance with policies and procedures established by the OSLTCO, will:

1. Provide services to protect the health, safety, welfare, and rights of residents. [OAA §712(a)(5)(B)(i)][WIC §§9701(a), 9712.5(b)]

2. Ensure residents in the service area of the Local Ombudsman Program have regular, timely access to State Certified Ombudsman Representatives and timely responses to complaints and requests for assistance. [OAA §712(a)(5)(B)(ii)[WIC §§9712.5(d)]

3. Identify, investigate, and seek to resolve complaints made by or on behalf of residents that relate to action, inaction, or decisions, that may adversely affect the health, safety, welfare, or rights of the residents. Regardless of the source of the complaint, Ombudsman representatives must support and maximize resident participation in the process of resolving the complaint. [OAA § 712(a)(5)(B)(iii)] [45 CFR 1324.19(a)(1), 1324.19(b)] [Welf. & Inst. Code §§ 9701(a), 9712.5(a)]

Kings/Tulare Area Agency on Aging 26 Agreement No: K/T AAA 25/26-05

4. Identify, investigate, and seek to resolve complaints made by or on behalf of residents with limited or no decision making capacity and who have no legal representative. If such a resident is unable to communicate consent to the Ombudsman representative, the Ombudsman representative shall seek evidence to indicate what outcome the resident would have communicated. In absence of evidence to the contrary, the Ombudsman representative shall assume that the resident wishes to have the resident’s health, safety, welfare, and rights protected and work to accomplish that outcome. [OAA 712(a)(5)(B)(vii); 45 CFR 1324.19(b)(2)(iii)]

5. Receive and investigate reports of suspected abuse, neglect and exploitation of elder or dependent adults occurring in long-term care facilities as defined in Welf. & Inst. Code 15610.47. [WIC §15630 et. seq.]

6. Witness:
i. Advance health care directives for residents of skilled nursing facilities [Probate Code 467500]
ii. Property transfers with a fair market value of more than $100 from residents in long term health care facilities to owners, employees, agents, or consultants of facilities and their immediate families or representatives of public agencies operating in facilities and members of their immediate families. [HSC 1289]]
a. Collect and submit data in accordance with the statewide uniform reporting system established by the State Ombudsman and the reporting provisions specified in Exhibit D of this contract. [OAA §712(c)][WIC §9716(a)] b. Represent the interests of residents before governmental agencies and seek administrative, legal, and other remedies to protect the health, safety, welfare and rights of residents. [OAA §712(a)(5)(B)(iv)][WIC §9712.5(e)] c. Review, comment, and facilitate the ability of the public to comment on proposed or existing laws, regulations, and other governmental policies, actions, and legislative bills that pertain to the rights and well-being of residents. [OAA §712(a)(5)(B)(v)][WIC §9712.5(g)(i)]
d. Support, actively encourage, and assist in the development of resident and family councils. [OAA §712(a)(5) (B)(vi)][WIC §9726.1(a)(3)] e. Carry out other activities that the State Ombudsman determines to be appropriate, including the following services: [OAA §712(a)(5)(B)(viii)]

Kings/Tulare Area Agency on Aging 27 Agreement No: K/T AAA 25/26-05 i. Update, periodically, a plan for maintaining an ongoing presence in longterm care facilities. [OAA §712(a)(3)(D)][WIC §9712.5(d)(1)] ii. Provide public information and technical support pertaining to long-term care services, including inspection reports, statements of deficiency, and plans of correction for long-term care facilities within the service area. [WIC §9726.1(a)(1)]
iii. Promote visitation programs and other community involvement in longterm care facilities within the service area. [WIC §9726.1(a)(2), (4)] iv. Present community education and training programs to long-term care facility staff, human service workers, families and the general public about long-term care and residents’ rights. [WIC §9726.1(a)(5)] v. Refer to the appropriate governmental agency the complaints and concerns of other residents in long-term care facilities that are not eligible to receive the services of the State Long-Term Care Ombudsman Program. [WIC §9712.5(a)(2)]
f. Ensure that the Local Ombudsman Program in accordance with policies and procedures established by the State Ombudsman will use Citation Penalties Account funds and Skilled Nursing Facility Quality and Accountability funds to support activities for the overall program.
g. Review and approve Review and approve claims for Citation Penalties Account funds, Licensing and Certification Program funds, and Ombudsman General funds, Older Americans Act funds, and Older Californians Act funds. h. Submit monthly fiscal documents to CDA, as determined by CDA, for Citation Penalties Account funds, Licensing and Certification Program funds, Ombudsman General funds, Older Americans Act funds, and Older Californians Act funds.

C. The Contractor shall ensure that the Elder Abuse Prevention program shall do some or all of the following:
[OAA 721]

1. Provide for public education and outreach to identify and prevent elder abuse, neglect, and exploitation;

2. Provide for public education and outreach to promote financial literacy and prevent identity theft and financial exploitation of older individuals;

Kings/Tulare Area Agency on Aging 28 Agreement No: K/T AAA 25/26-05

3. Ensure the coordination of services provided by AAAs with services instituted under the State adult protective service program, State and local law enforcement systems, and courts of competent jurisdiction;

4. Promote the development of information and data systems, including elder abuse reporting systems, to quantify the extent of elder abuse, neglect, and exploitation in the PSA;

5. Conduct analyses of local Adult Protective Services and Long-Term Care Ombudsman information concerning elder abuse, neglect, and exploitation and identifying unmet service, enforcement, or intervention needs;

6. Conduct training for individuals, including caregivers described in part E of Title III, professionals, and paraprofessionals, in relevant fields on the identification , prevention, and treatment of elder abuse, neglect, and exploitation, with particular focus on prevention and enhancement of selfdetermination and autonomy;

7. Provide technical assistance to programs that provide or have the potential to provide services for victims of elder abuse, neglect, and exploitation and for family members of the victims; and

8. Conduct special and on-going training, for individuals involved in serving victims of elder abuse, neglect, and exploitation, on the topics of selfdetermination, individual rights, State and federal requirements concerning confidentiality, and other topics determined by CDA to be appropriate.

Kings/Tulare Area Agency on Aging 29 Agreement No: K/T AAA 25/26-05 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 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/travelreimbursements.aspx Out of State:
- http://hrmanual.calhr.ca.gov/Home/M anualItem/1/2201
This is not to be construed as limiting the Contractor from paying any differences in costs, from funds other than those provided by this Department, between the CalHR rates and any rates the Contractor is obligated to pay under other contractual agreements. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State. [SCM 3.17.2.A(4)]
The Contractor agrees to include these requirements in all 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.

Kings/Tulare Area Agency on Aging 30 Agreement No: K/T AAA 25/26-05 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]

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.

Kings/Tulare Area Agency on Aging 31 Agreement No: K/T AAA 25/26-05

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.

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)]

Kings/Tulare Area Agency on Aging 32 Agreement No: K/T AAA 25/26-05

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
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.

F. Program Income

1. Program Income must be reported and expended under the same terms and conditions as the program funds from which it is generated.

2. Program Income must be used to pay for allowable costs of the program in the same fiscal year that the income was earned (except as noted in 4).

3. For Title III B, III C, III D, III E, VII Ombudsman, and VII Elder Abuse Prevention programs, Program Income must be spent before contract funds (except as noted in 4) and may reduce the total amount of contract funds payable to the Contractor.

4. For Title III B, III C, III D, III E, VII Ombudsman, and VII Elder Abuse Prevention programs, if Program Income is earned in excess of the amount reported in the Area Plan Budget the excess amount may be deferred for use in the first quarter of the following contract period, which is the last quarter of the federal fiscal year.

5. If Program Income is deferred for use, it must be used by the last day of the federal fiscal year and reported when used.

6. Program Income may not be used to meet the matching requirements of this Agreement.

7. Program Income must be used to expand baseline services.

G. One-Time-Only (OTO) Funds

1. OTO funds are non-transferable between funding sources. This means that OTO funds can only be used in the program in which it was accrued.

Kings/Tulare Area Agency on Aging 33 Agreement No: K/T AAA 25/26-05

2. OTO funds can only be awarded to a subcontractor that has a valid contract with the K/TAAA. All contracts shall be procured either through an open and competitive procurement process pursuant to Title 22 CCR §7352 or through a non-competitive award pursuant to Title 22 CCR §7360

3. Title III and VII federal Program One-Time-Only (OTO) funds shall be used for the following purposes:
a. The purchase of equipment that enhances the delivery of services to the eligible service population.
b. Home and community-based projects that are approved in advance by the K/T AAA and are designed to address the unmet needs of the eligible service population identified in the Area Plan.
c. Innovative pilot projects that are approved in advance by the K/T AAA, and are designed for the development or enhancement of a comprehensive and coordinated system of services as defined in [45 CFR 1321.53(a)(b)] d. OTO funds can be used to maintain or increase baseline services.

However, K/TAAA shall assure that services funded with OTO funds will not create an expectation of service delivery beyond the current contract period. Expenditures for baseline services do not require advance approval from CDA.

4. Nutrition Services Incentive Program (NSIP) One-Time-Only funds shall be used to purchase food used in the Elderly Nutrition Program.

H. Matching Contributions
Matching Contributions means local cash and/or in-kind contributions by the Contractor, subcontractor, or other local resources that qualify as match for the contract funding.

1. Cash and/or in-kind contributions may count as match, if such contributions are used to meet program requirements.

2. Any matching contributions (cash or in-kind) must be verifiable from the records of the Contractor or subcontractor

3. Matching contributions must be used for allowable costs in accordance with the Office of Management and Budget (OMB) cost principles.

Kings/Tulare Area Agency on Aging 34 Agreement No: K/T AAA 25/26-05 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 full time effort (FTE) wage rates and personnel classifications together with the percentage of time to be charged, specified for each fund source. 2 CFR 200.430 must be followed for rules regarding allowability of personnel costs. Specific emphasis on section (i) of 2 CFR 200.430:
a.Charges to Federal awards for salaries and wages must be based on records that accurately reflect the work performed. These records must:

1. Be supported by a system of internal control which provides reasonable assurance that the charges are accurate, allowable, and properly allocated;

2. Be incorporated into the official records of the non-federal entity;

3. Reasonably reflect the total activity for which the employee is compensated by the non-Federal entity, not exceeding 100% of compensated activities;

4. Support the distribution of the employee’s salary among specific activities or cost objectives if the employee works on more than one Federal award; a Federal award and a non-Federal award, an indirect cost activity and a direct cost activity; two or more indirect activities which are allocated using different allocation bases; or an unallowable activity and a direct or indirect cost activity.

5. Budget estimates (i.e. estimates determined before the services are performed) alone do not qualify as support for changes to Federal awards.
b.Salaries and wages of employees used in meeting cost sharing or matching requirements on Federal awards must be supported in the same manner as salaries and wages claimed for reimbursement from Federal awards.

Kings/Tulare Area Agency on Aging 35 Agreement No: K/T AAA 25/26-05

2. Fringe Benefits

3. Staff Training – attendance cost for necessary training.

4. Contractual Costs – subcontract and consultant cost detail.

5. Allocated Direct Costs – requires submission of a Direct Cost Allocation Plan for prior approval. OR Indirect Costs – costs incurred for a common or joint purpose benefitting more than one cost objective and not readily assignable as a direct cost.

6. Rent – specify square footage and rate. Total cost per funding source.

7. Property – detailed description and unit costs.

8. Supplies – to include items below the $5,000 property threshold.

9. Food – used in delivering Congregate and Home-Delivered Meals

10. Equipment – detailed descriptions and unit costs.

11. In State Travel – mileage reimbursement rate, lodging, per diem and other costs.

12. Out of State Travel – any travel outside the State of California including mileage reimbursement rate, lodging, per diem and other costs

13. Other Costs – A detailed list of other operating expenses.

C. The Contractor shall submit a budget, which shall be incorporated by reference into the Contract and will have at a minimum, the categories listed in section B above.

D. Indirect Costs

1. The maximum reimbursement amount allowable for indirect costs is ten percent (10%) of the AAA’s Modified Total Direct Costs (MTDC), per funding category excluding in-kind contributions and nonexpendable equipment.

Kings/Tulare Area Agency on Aging 36 Agreement No: K/T AAA 25/26-05 Modified Total Direct Cost (MTDC) means all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes in-kind contributions, equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess of $25,000. Other items may only be excluded when necessary to avoid serious inequity in the distribution of indirect costs, and with the approval of the cognizant agency for indirect costs. [45 CFR 75.2]

2. Contractors requesting reimbursement for indirect costs exceeding the maximum ten percent (10%) shall retain on file an approved negotiated indirect cost rate or cost allocation plan.

3. Indirect costs exceeding the maximum ten percent (10%) may be budgeted as inkind for purposes of meeting matching requirements in Title III and VII programs only. Contractors must receive prior approval from federal awarding agency prior to budgeting the excess indirect costs as in-kind.

4. For major Institutes of Higher Education and major nonprofit organizations, indirect costs must be classified within two broad categories: “Facilities” and “Administration”. “Facilities” is defined as depreciation on buildings, equipment and capital improvement, interest on debt associated with certain buildings, equipment and capital improvements, and operations and maintenance expenses. “Administration” is defined as general administration and general expenses such as the director’s office, accounting, personnel and all other types of expenditures not listed specifically under one of the subcategories of “Facilities” (including cross allocations from other pools, where applicable). [2 CFR 200.414(a)] [45 CFR 75.414(a)]

5. Contractor agrees to include the above requirement in all contracts it enters into with subcontractors/vendors to provide services pursuant to the Agreement.

ARTICLE III. PROGRAM SPECIFIC BUDGET AND BUDGET REVISION A. The Contractor shall submit electronically the original budget in the format provided by the K/T AAA by the due date specified by the K/T AAA.

B. The Contractor shall submit electronically a budget revision in the format provided by the K/T AAA by the due date specified by the K/T AAA with changes in funding levels, unless otherwise instructed by K/T AAA.

Kings/Tulare Area Agency on Aging 37 Agreement No: K/T AAA 25/26-05 C. Line Item Transfers
The Contractor may transfer contract funds between line items under the following terms and conditions:

1. Transfers must be approved in advance by K/TAAA.

2. The Contractor shall submit a revised budget to the K/T AAA when one or the cumulative line item budget transfer exceeds ten percent (10%) of the total budget for each funding source.

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

D. Allocation Transfers

1. Requests to transfer federal or state funds shall be submitted to the K/T AAA for approval with the original or revised budget.
a. Transfer of federal baseline funds is allowable between Titles III B and III C in accordance with OAA §308(b)(5)(A) and between Titles, III C-1, and III C-2 in accordance with OAA §308(b)(4)(A).
b. Transfer of state funds is allowable between Title III C-1 General Fund and Title III C-2 General Fund.

2. Approved transfers and budgets will be incorporated by reference into the current Agreement.

3. Transfer of funds cannot be processed or approved after the end of the specified contract period.

E. Matching Requirements

1. The required minimum administration matching contributions for Title III B, not including Ombudsman, III C, & III E combined is 25 percent (25%).

2. The required minimum program matching contributions for Title III B, not including Ombudsman and III C 10 percent (10%).

3. Program matching contributions for Title II B, not including Ombudsman, and III C can be pooled to meet the matching requirement of ten percent (10%).

Kings/Tulare Area Agency on Aging 38 Agreement No: K/T AAA 25/26-05

4. The required minimum program matching contribution for Title III E is 25 percent (25%).

5. Minimum matching requirements are calculated on net costs, which are total costs less program income, non-matching contributions, and state funds. Matching contributions are included in the minimum matching requirements calculation.

6. Matching contributions generated in excess of the minimum required are considered overmatch.

7. Program overmatch from Title III B or C can be used to meet the program match requirement for III E provided.
a. The expenditures are related to the needs of caregivers and are attributable to a service category within the National Family Caregiver Support Program (NFCSP).

8. Expend not more than 10 percent (10%) of the total Title III E federal and matching non-federal share to provide support services to grandparents and older individuals who are relative caregivers of a child who is not more than 18 years of age in accordance with OAA §373(g)(2)(C).

9. Limit expenditures for Title III E Supplemental Services to 20 percent (20%) of the total Title III E federal and matching non-federal share.

10. Of the total minimum match required for Title III, at least twenty-five percent (25%) must be from local public agencies (e.g., city and county governments, school districts, special districts, and water districts).

F. 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 and must be included in its approved Budget.

ARTICLE IV. PAYMENTS
A. The Contractor shall prepare and submit by the 10th of each month to the K/T AAA, in electronic format, a monthly expenditure report and request for funds in the format provided by the K/T AAA.

B. Funds shall be requested in the month following the month of reported services and expenditures.

Kings/Tulare Area Agency on Aging 39 Agreement No: K/T AAA 25/26-05 C. The K/T AAA shall review requests for payment to ensure consistency with the approved budget and service units reported.

D. The K/T AAA may require financial reports more frequently than indicated above or with more detail (or both), upon written notice to the Contractor, until such time as the K/T AAA determines that the financial management standards are met.

E. Advance payments will not be made.

ARTICLE V. CLOSEOUT
A. A Financial Closeout Report and Report of Property Purchased with Agreement Funds shall be submitted annually to K/T AAA. All reports are due in the format provided by the K/T AAA within 15 calendar days after the end of the fiscal year, unless otherwise specified by the K/T AAA. If a contract is terminated prior to the end of the contract period, all reports are due within 30 calendar days following the termination date of the contract.

B. Funds will be reduced proportionately to maintain the required matching ratios if contractor fails to report sufficient match.

Kings/Tulare Area Agency on Aging 40 Agreement No: K/T AAA 25/26-05 EXHIBIT C: SPECIAL TERMS AND CONDITIONS
ARTICLE I. DEFINITIONS AND RESOLUTIONS OF LANGUAGE CONFLICTS A. General Definitions

1. The term “Agreement” or “Contract” shall mean the standard K/T AAA agreement, and all exhibits (if appropriate), amendments and any other documents incorporated by reference, unless otherwise provided for in this Article.

2. “Contractor” means the legal entity that receives funds from the Area Agency on Aging 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 Office of Management and Budget.

8. “Cal. Pub. Con. Code” means California Public Contract Code.

9. “Cal. Civ Code” means California Civil Code.

10. “Reimbursable item” also means “allowable cost” and “compensable item.”

11. “HSC” means California Health and Safety Code.

12. “State” and “Department” mean the State of California and the California Department of Aging (CDA) interchangeably.

13. ”Subcontractor” means the legal entity that receives funds from the Contractor to carry out part of a federal award identified in the Agreement.

14. “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 that provide for the provision of goods or services under this Agreement.

Kings/Tulare Area Agency on Aging 41 Agreement No: K/T AAA 25/26-05

15. “Vendor” Means an entity selling goods or services to the Contractor or Subcontractor during the Contractor or Subcontractor’s performance of the Agreement

16. “U.S.C.” means United States Code.

17. “HHS” means United States Department of Health and Human Services.

18. “OAA” means Older American Act

19. ‘K/T AAA’ means Kings/Tulare Area Agency on Aging.

20. “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)

21. “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)

22. “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).

23. “Recoverable cost” means the state and federal share of the questioned cost.

B. Resolution of Language Conflicts
The Contractor shall comply with all applicable program memos and other guidance issued by the CDA. In the event of conflict between the program memos and/or other CDA guidance and the provisions in this Agreement, the provisions in this Agreement shall prevail.

In the event of any inconsistency between the articles, attachments, or provisions which constitute this contract, the following order of precedence shall apply:

1. Standard K/T AAA Agreement and any amendments thereto;

2. General Scope of Work, Exhibit A;

Kings/Tulare Area Agency on Aging 42 Agreement No: K/T AAA 25/26-05

3. Special terms and Conditions, Exhibit C;

4. Budget Detail, Payment Provisions and Closeout, Exhibit B, and Additional Provisions, Exhibit D, and

5. Program Scope of Work, Exhibit G

6. 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-contracts/grants/grantspolicies-regulations/index.html ARTICLE II. ASSURANCES
A. Law, Policy and Procedures, 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 statues relating to nondiscrimination. These include those statues and laws contained in the Contractor Certification Clauses (CCC 307) which are hereby incorporated by reference. In addition, Contractor shall comply with the following:

Kings/Tulare Area Agency on Aging 43 Agreement No: K/T AAA 25/26-05

1. Equal Access to Federally Funded Benefits, Programs, and Activities The Contractor shall ensure compliance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d; 45 CF. Part 80), which prohibits recipients of Federal financial assistance from discriminating against persons of race, color, religion, or national origin.

2. Equal Access to State-Funded Benefits, Programs, and Activities The Contractor shall, unless exempted, ensure compliance with the requirements of Cal. Government Code §§11135 et seq., and 2 CCR 98000 et seq. , which prohibit recipients of State financial assistance from discriminating against persons based on race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, or disability. [22 CCR 98323, Chapter 182, Statutes. 2006]

3. California Civil Rights Laws
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: http://www.dgs.ca.gov/ols/Forms.aspx

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

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 K/T AAA determines that a conflict of interest exists, any increase in costs associated with the conflict of interest may be disallowed by the K/T AAA, and such conflict may constitute grounds for termination of the Agreement.

Kings/Tulare Area Agency on Aging 44 Agreement No: K/T AAA 25/26-05

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.

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 a commission in payments in order to obtain this Agreement.

2. For breach or violation of this warranty, the 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 only applies to Title III funds and not to other funds allocated to other Titles under the OAA. Title III 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 acts and shall include such provisions in any applicable agreements with subcontractors:
a. Copeland “Anti-Kickback” Act [18 U.S.C. 874, 40 U.S.C. 3145] [29 CFR, Part 3].
b. Davis-Bacon Act [40 U.S.C. 3141 et seq.] [29 CFR 5]. c. Contract Work Hours and Safety Standards Act [40 U.S.C. 327-333] [29 CFR, Part 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, Part 60].

Kings/Tulare Area Agency on Aging 45 Agreement No: K/T AAA 25/26-05

2. The Contractor shall not use payments for construction, renovation, alteration, improvement, or repair of privately-owned property which would enhance the owner’s value of such property to the benefit of the owner except where permitted by law and by the CDA.

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

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. Clean Air Act, as amended [42 U.S.C. 7401].

2. Federal Water Pollution Control Act, as amended [33 U.S.C. 1251, et seq.].

3. Environmental Protection Agency Regulations [40 CFR, Part 29 and Executive Order 11738].

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

Kings/Tulare Area Agency on Aging 46 Agreement No: K/T AAA 25/26-05 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. Contractor shall report immediately to the K/T AAA in writing any incidents of alleged fraud and/or abuse by either Contractor or subcontractors.

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

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

K. Agreement Authorization

1. If a public entity, the Contractor shall submit to the 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 the 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 K/T AAA for training and meetings that the K/T AAA may find necessary from time to time.

M. Corporate Status

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

Kings/Tulare Area Agency on Aging 47 Agreement No: K/T AAA 25/26-05

2. The Contractor shall ensure that any subcontractors providing services under this Agreement shall be of sound financial status. Any subcontracting private entity or JPA shall be in good standing with the Secretary of State of California and shall maintain that status throughout the term of the Agreement.

3. Failure to maintain good standing by the contracting entity shall result in suspension or termination of the Agreement with the 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 his or her knowledge and belief, that:

1. No federally appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering 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 federal 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 connections with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit a 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 U.S.C. 1352.

Kings/Tulare Area Agency on Aging 48 Agreement No: K/T AAA 25/26-05

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 B-06-11, which bans expenditures on promotional and marketing items colloquially known as “S.W.A.G.” or “Stuff We all Get.” ARTICLE III. AGREEMENT
A copy of this Agreement is on file and available for inspection at the Kings/Tulare Area Agency on Aging, 5957 S. Mooney Blvd, Visalia, California 93277.

ARTICLE IV. COMMENCEMENT OF WORK
The Contractor shall not begin work in advance of receipt of the approved contract.

Should the Contractor 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 shall obtain goods and services through open and competitive awards.

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

At a minimum, the procedures shall include the requirements set forth in 22 CCR 7352 .

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

B. The Contractor shall satisfy, settle, and resolve 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.

Kings/Tulare Area Agency on Aging 49 Agreement No: K/T AAA 25/26-05 C. In the event any subcontractor is utilized by the Contractor for any portion of this Agreement, the Contractor shall 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, and retention of records of subcontractors in accordance with Article VI of the exhibit. Funds for this Agreement shall not be obligated in 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 or the State.

E. Copies of subcontracts, , Memoranda, and/or Letters of Understanding shall be on file with the Contractor and 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 subcontractor 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 and/or vendor in the performance of this Agreement.

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

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

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

2. All bid proposals received

Kings/Tulare Area Agency on Aging 50 Agreement No: K/T AAA 25/26-05

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]
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 the subcontractor to maintain adequate staff to meet the subcontractor’s Agreement with the Contractor. This staff shall be available to K/T AAA for training and meetings that 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 200.331, 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 regulation.

ARTICLE VI. RECORDS
A. The Contractor shall maintain complete records, which shall include, but not be limited to, accounting records, contracts, agreements, 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 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 expenditures hereunder in a form satisfactory to the 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.

Kings/Tulare Area Agency on Aging 51 Agreement No: K/T AAA 25/26-05 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 CDA’s Audit Branch, (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 CDA 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 of this Article, above. The Contractor shall ensure that any resource directories and all client records remain the property of the K/T AAA upon termination of this Agreement and are returned to the K/T AAA or transferred to another Contractor as instructed by the K/T AAA.

D. In the event of any litigation, claim, negotiation, audit exception, or other action involving the records, all records related to such action shall be maintained and made available until every action has been cleared to the satisfaction of the State and 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 the State during the audit resolution process.

F. After the authorized period has expired, confidential records shall be destroyed by shredding 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, file folders, etc.

B. Property acquired under this agreement, which meets any of the following criteria, is subject to the reporting requirements:

Kings/Tulare Area Agency on Aging 52 Agreement No: K/T AAA 25/26-05

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. 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.

D. The Contractor shall keep track of property purchased with funds from this agreement that meet the requirements as defined in Exhibit C and submit to the 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 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 contract, 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 and/or K/T AAA tag number

4. Serial number (if applicable)

5. Purchase cost or other basis of valuation

6. Fund source

Kings/Tulare Area Agency on Aging 53 Agreement No: K/T AAA 25/26-05 E. 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 the 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 the K/T AAA. The Contractor shall e-mail to the K/T AAA the electronic version of the Request to Dispose of Property (CDA 248). The K/T AAA will then instruct the Contractor on disposition of the property. Once approval for disposal has been received from the K/T AAA and the K/T AAA has reported to CDA the Property Survey Report’s (STD 152) Certification of Disposition, , the item(s) shall be removed from the Contractor’s inventory report.

2. Contractor must remove all confidential, sensitive, or personal information from K/TAAA 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 (PDAs), cell or smart phones, multi-function printers, and laptops.

F. Any loss, damage, or theft of equipment shall be investigated, fully documented and the Contractor shall promptly notify CDA.

G. The State reserves title to all State-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.

H. 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, until the Contractor has complied with all written instructions from the K/T AAA regarding the final disposition of the property.

I. 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.

J. To exercise the above right, no later than 120 days after termination of the Agreement or notification of the Contractor’s dissolution the K/T AAA will issue specific written disposition instructions to the Contractor.

K. 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 K/TAAA for other purposes, in this order:

Kings/Tulare Area Agency on Aging 54 Agreement No: K/T AAA 25/26-05

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

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

M. The Contractor or subcontractor 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.

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

O. 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, 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 audit, examination, excerpts, and transcriptions. The Contractor shall include this requirement in its subcontracts.

ARTICLE IX. MONITORINGAND EVALUATION
A. Authorized 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 K/T AAA in the monitoring, and evaluation processes, which includes making any administrative program and fiscal staff available during any scheduled process.

Kings/Tulare Area Agency on Aging 55 Agreement No: K/T AAA 25/26-05 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 CDA funded programs.

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 the K/TAAA.

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 books, documents, papers, and records. 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.

Kings/Tulare Area Agency on Aging 56 Agreement No: K/T AAA 25/26-05 B. CDA Fiscal and Compliance Audits

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

2. The CDA fiscal and compliance audits may include, but not be limited to, a review of:
a.Financial closeouts (2 CFR 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 (2 CFR 200 Subpart F and 45 CFR Subpart F)

1. Contractor Single Audit Reporting Requirements
a. Contractors that expend $750,000 or more in federal funds shall arrange for an audit to be performed as required by the Single Audit Act of 1984, Public Law 98-502; the Single Audit Act Amendments of 1996, Public Law 104-156; 2 CFR 200.501 to 200.521 and 45 CFR 75.501 to

75.521. A copy shall be submitted to the:

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.

Kings/Tulare Area Agency on Aging 57 Agreement No: K/T AAA 25/26-05 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.

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. Ensuring that subcontractors expending $750,000 or more in federal awards during the subcontractor’s fiscal year have met the audit requirements of 2 CFR 200.501 - 200.521 and 45 CFR 75.501 to

75.521.
b. 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.

Kings/Tulare Area Agency on Aging 58 Agreement No: K/T AAA 25/26-05 c. 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.
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:

Kings/Tulare Area Agency on Aging 59 Agreement No: K/T AAA 25/26-05 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 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.

Kings/Tulare Area Agency on Aging 60 Agreement No: K/T AAA 25/26-05

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; allowable costs/cost principles; eligibility; and reporting. [2 CFR 200.425].

Kings/Tulare Area Agency on Aging 61 Agreement No: K/T AAA 25/26-05 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. Coverage at least as broad as Commercial General Liability Insurance of $1,000,000 combined single limit per occurrence. If the annual aggregate applies it must be no less than $2,000,000.

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-F 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.

Kings/Tulare Area Agency on Aging 62 Agreement No: K/T AAA 25/26-05 E. The Certificate of Insurance for General Liability and Comprehensive Automobile Liability Insurance must 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. K/T AAA and the County of Tulare reserves the right to require certified copies of all required insurance policies at any time.

Kings/Tulare Area Agency on Aging 63 Agreement No: K/T AAA 25/26-05 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].

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
J. The entity providing Ombudsman services must be insured or self-insure for professional liability covering all Ombudsman activities, including, but not limited to, investigation of patient complaints.

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:

Kings/Tulare Area Agency on Aging 64 Agreement No: K/T AAA 25/26-05

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

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.

Kings/Tulare Area Agency on Aging 65 Agreement No: K/T AAA 25/26-05

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 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.

Kings/Tulare Area Agency on Aging 66 Agreement No: K/T AAA 25/26-05 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 by both parties. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties.

B. Any provision of this Agreement which conflicts with current or future applicable federal or state laws is hereby amended to conform to the provisions of those laws. Such amendment of this Agreement shall be effective on the effective date of the laws necessitating it and shall be binding on the parties even though such amendment may not have been reduced to writing and formally agreed upon and executed by the parties.

C. Failure by the contractor to take necessary actions required by amendments to this Agreement shall constitute a material violation.

D. 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 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. Any notice given to K/T AAA for the Contractor’s change of staff contact information shall be completed by submitting an email to KTAAA@ tularecounty.ca.gov D. 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.

Kings/Tulare Area Agency on Aging 67 Agreement No: K/T AAA 25/26-05 E. 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 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 CONFIDENTIALITY AND SECURITY This Information Confidentiality and Security Requirements section sets forth the information privacy and security requirements the Contractor is obligated to follow with respect to all personal, confidential, and sensitive information (as defined herein) disclosed to the Contractor, or collected, created, maintained, stored, transmitted, or used by the Contractor for or on behalf of the K/T AAA pursuant to this Agreement. (Such personal, confidential, and sensitive information is referred to here as PSCI.) K/T AAA and the Contractor desire to protect their privacy and provide for the security of PSCI pursuant to this section of the Agreement and in compliance with state and federal laws applicable to PSCI.

A. Definitions

1. Breach:
a. The unauthorized acquisition, access, use, or disclosure of PSCI in a manner in which compromises the security, confidentiality, or integrity of the information; or
b. The same definition of “breach of the security system” set forth in California Civil Code section 1798.29, subdivision (f); or c. The same as the definition of “breach” set forth in the Health Insurance Portability and Accountability Act Privacy Rule, 45 Code of Federal Regulations 164.402.

2. Confidential Information: Information that is exempt from disclosure under the provisions of the California Public Records Act (Government Code section 7920.000 Et seq.).

Kings/Tulare Area Agency on Aging 68 Agreement No: K/T AAA 25/26-05

3. Disclosure: the release, transfer, provision of, access to, or divulging in any manner of information outside the entity holding the information.

4. PSCI: “personal information”, “sensitive information”, and “confidential information” (as these terms are defined herein).

5. Personal Information: Information that identifies or describes an individual, including, but not limited to, their name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It is CDA’s policy to consider all information about individuals private unless such information is determined to be a public record. Personal Information also includes the following:
a. Notice-Triggering Personal Information: Specific items of personal information (name plus Social Security number, driver license/California identification cared number, or financial account number) that may trigger a requirement to notify individuals if it is acquired by an unauthorized person. For purposed of the provision, identity shall include, but not be limited to name, identifying number, symbol, or other identifying information assigned to the individual, such as finger or voice print or a photograph. See Civil Code section 1798.29.
b. Protected Health Information (PHI): The term “PHI” refers to and includes both “PHI” as defined at 45 CFR section 160.103 and Personal Information (PI) as defined in the Information Practices Act at California Civil Code section 1798.3(a). PHI includes information in any form, including paper, oral, and electronic.

6. Public Information: Information that is not exempt from disclosure under the provision of the California Public Records Act (Government Code sections 7920.000 Et seq.).

7. Security Incident:
a. A breach or attempted breach; or
b. The attempted or successful unauthorized access, disclosure, modification, or destruction of PSCI, in violation of any state or federal law or in a manner not permitted under this Program Guide; or
c. The attempted or successful modification or destruction of, or interference with , the Contractor’s system operations in an information technology system, that negatively impacts the confidentiality, availability, or integrity of PSCI; or

Kings/Tulare Area Agency on Aging 69 Agreement No: K/T AAA 25/26-05 d. Any event that is reasonably believed to have compromised the confidentiality, integrity, or availability of an information asset, system, process, data storage, or transmission. Furthermore, an information security incident may also include an event that constitutes a violation or imminent threat of violation of information security policies or procedures, including acceptable use policies.

8. Sensitive Information: Information that requires special precautions to protect from unauthorized use, access, disclosure, modification, loss, or deletion.

Sensitive Information may be either Public Information or Confidential Information. It is information that requires a higher-than-normal assurance of accuracy and completeness. Thus, the key factor for Sensitive Information is that of integrity, Typically, Sensitive Information includes records of agency financial transactions and regulatory actions.

B. Disclosure Restrictions
The Contractor shall protect PSCI from unauthorized disclosure. The Contractor shall not disclose, except as otherwise specifically permitted by this Agreement, any PSCI to anyone other than K/T AAA personnel or programs without prior written authorization from the K/T AAA.

1. The Contractor and the K/T AAA mutually agree that the creation, receipt, maintenance, transmittal, and disclosure of data from K/T AAA containing PHI shall be subject to the Health Insurance Portability and Accountability Act of 1996 and its implementing privacy and security regulations at 45 CFR Parts 160 and 164 (collectively and a used in this Agreement, HIPAA.). The Contractor agrees to provide the same, or greater, level of protection to the K/T AAA data that would be required if the Contractor were a Business Associate under HIPAA, regardless of whether the Contractor is or is not a Business Associate.

2. To the extent that other state and/or federal laws provide additional, stricter, and/or more protective (collectively, more protective) privacy and/or security protections to PSCI covered under this Agreement beyond those provided through HIPAA, the Contractor agrees:
a. To comply with the more protective of the privacy and security standards set forth in applicable state or federal laws to the extent such standards provide a greater degree of protection and security than HIPAA or are otherwise more favorable to the individuals whose information is concerned; and
b. To treat any violation of such additional and/or more protective standards as a breach or security incident, as appropriate.

Kings/Tulare Area Agency on Aging 70 Agreement No: K/T AAA 25/26-05 c. Examples of laws that provide additional and/or stricter privacy protections to certain types of PSCI include, but are not limited to the Information Practices Act, California Civil Code sections 1798-1798.78, Confidentiality of Alcohol and Drug Abuse Patient Records, 42 CFR Part 3, Welfare and Institutions Code section 5328, and California Health and Safety Code section 11845.5.
d. If the Contractor is a Qualified Service Organization (QSO) as defined in 42 CFR section 2.11, the Contractor agrees to be bound by and comply with subdivisions (2)(i) and (2)(ii) of that section.

C. Use Restrictions
The Contractor shall not use any PSCI for any purpose other than performing the contractor’s obligations under this agreement.

D. Safeguards and Security
The Contractor shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of PSCI including electronic PSCI that it creates, receives, maintains, uses, or transmits on behalf of K/T AAA. The Contractor shall develop and maintain a written information privacy and security program that includes administrative, technical, and physical safeguards appropriate to the size and complexity of the Contractor’s operations and the nature and scope of its activities. The Contractors administrative, technical, and physical safeguards shall include, at a minimum:

1. Technical Security Controls:

The Contractor shall, at a minimum, utilize a National Institute of Standards and Techology Special Publication (NIST SP) 800-53 compliant security framework when selecting and implementing its security controls and shall maintain continuous compliance with NIST SP 800-53 as it may be updated from time to time.

2. Removable Media Devices
All electronic files that contain PSCI data must be encrypted when stored on any removable media or portable device(i.e., USB thumb drives, floppies, CD/DVD, smart devices, tapes, etc.). PSCI must be encrypted, at a minimum, using a FIPS140-2 certified algorithm or successor standard, such as Advanced Encryption Standard (AES), with a 128bit key or higher.

Kings/Tulare Area Agency on Aging 71 Agreement No: K/T AAA 25/26-05

3. Patch Management:

The Contractor shall apply security patches and upgrades and keep virus software up to date on all systems which PHI and other confidential information may be used.

4. Confidentiality Statement:

All people that will be working with PSCI must sign a confidentiality statement that includes, at a minimum, General Use, Security and Privacy Safeguards, Unacceptable Use, and Enforcement Policies. The statement must be signed by all people prior to accessing PSCI. The statement must be renewed annually. The Contractor shall retain each person’s written confidentiality statement for K/T AAA inspection for a period of six (6) years following contract termination.

5. Transmission and Storage of PSCI:

All persons that will be working with PSCI shall employ with FIPS 140-3 compliant encryption of PHI, at rest and in motion, unless it has been determined that such encryption is unreasonable and inappropriate based upon a risk assessment and equivalent alternative measures are in place and documented as such.

6. Minimum Necessary:

Only the minimum necessary amount of PSCI required to perform necessary business functions applicable to the terms of this Agreement may be used, disclosed, copied, downloaded, or exported.

7. Antivirus Software:

All workstations, laptops and other systems that process and/or store PSCI must install and actively use a comprehensive anti-virus software solution with automatic updates scheduled at least daily.

8. Data Security:

PSCI will be stored separately from other customers’ data. Data will be stored and processed within the continental United States, and remote access to data from outside the continental United States will be prohibited. Data will be encrypted such that unauthorized parties are unable to read the data within the database/data repositories or any backups.

Kings/Tulare Area Agency on Aging 72 Agreement No: K/T AAA 25/26-05 E. Employee 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. These certifications must be retained for a period of six (6) years following contract termination.

F. Employee Discipline
Appropriate sanctions must be applied against persons who fail to comply with privacy policies and procedures or any provisions of these requirements, including termination of employment where appropriate.

G. Background Check
Before a person may access PSCI, a thorough background check of that person must be conducted, with evaluation of the results to assure that there is no indication that the person may present a risk to the security or integrity of confidential data or a risk for theft or misuse of confidential data. The Contractor shall retain each person’s background check documentation for a period of three (3) years following contract termination.

1. Mailing:

Mailings of PSCI shall be sealed and secured from damage or inappropriate viewing of PSCI to the extent possible. Mailings which include 500 or more individually identifiable records of PSCI in a single package shall be sent using a tracked mailing method which includes verification of delivery and receipt, unless the prior written permission of K/T AAA to sue another method is obtained.

2. Security Officer:

The Contractor shall designate a Security Officer to oversee its data security program who will be responsible for carrying out its privacy and security programs and for communicating on security matters with CDA.

3. Mitigation of Harmful Effects:

The Contractor shall mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a sue or disclosure of PSCI and other confidential information in violation of the requirements of this Agreement

Kings/Tulare Area Agency on Aging 73 Agreement No: K/T AAA 25/26-05

4. Access to, and Accounting For, Disclosure of PSCI
The Contractor shall document and make available to K/T AAA or (at the direction of K/T AAA) to an Individual such disclosures of PSCI and information related to such disclosures necessary to respond to a proper request by the subject individual for an account of disclosures of personal information as required by 45 CFR section 164.524 or any applicable state or federal law.

H. Access to Practices, Books, and Records
The contractor shall make its internal practices, books, and records relating to the use and disclosure of PSCI on behalf of K/TAAA available to K/TAAA upon reasonable request.

I. Special Provision for SSA Data
If the contractor receives data from or on behalf of K/TAAA that was verified by or provided by the Social Security Administration (SSA Data) and is subject to an agreement between K/TAAA and CDA, the contractor shall provide, upon request by K/TAAA, a list of all employees and agents who have access to such data, including employees and agents of its agents, to K/TAAA.

J. Breaches and Security Incidents
The contractor shall implement reasonable systems for the discovery and prompt reporting of any breach or security incident, and take the following steps:

1. Notice to K/T AAA:

The Contractor shall notify K/T AAA immediately by email or telephone of the discovery of:
a. Unsecured PSCI if the PSCI is reasonably believed to have been accessed or acquired by an unauthorized person.
b. Any suspected security incident which risks unauthorized access to PSCI and/or other confidential information.
c. Any intrusion or unauthorized access, use, or disclosure of PSCI in violation of this Agreement; or
d. Potential loss of confidential data affecting this Agreement. e. Notice via email shall be made using the current CDA 1025 “Information Security Incident Report” forms and shall include all information known at the time the incident is reported. The forms are available online at:
https://aging.ca.gov/Information_security/

Kings/Tulare Area Agency on Aging 74 Agreement No: K/T AAA 25/26-05 f. Upon discovery of a breach or suspected security incident, intrusion, or unauthorized access, use or disclosure of PSCI, the Contractor shall take:
i. Prompt corrective action to mitigate any risks or damages involved with the security incident or breach; and
ii. Any action pertaining to such unauthorized disclosure is required by applicable Federal and State laws and regulations.

2. Investigation of Security Incident or Breach
The Contractor shall immediately investigate such security incident, breach, or unauthorized use or disclosure of PSCI.

3. Complete Report
The Contractor shall provide a completed report of the investigation to K/T AAA within (5) working days of the discovery of the breach or unauthorized use or disclosure. The complete report must include an assessment of all known factors relevant to a determination of whether a breach occurred under applicable federal and state laws. The report shall include a full, detailed corrective action plan including information on measures that were taken to halt and/or contain improper use or disclosure. If K/T AAA requests information in addition to this report, the Contractor shall make reasonable efforts to provide K/T AAA with such information. K/T AAA will review and approve or disapprove the Contractor’s determination of whether a breach occurred, whether the security incident or breach is reportable to the appropriate entities, if individual notifications are required, and the Contractor’s corrective action plan. a. If the Contractor does not submit a complete report within the (5) working day timeframe, the Contractor shall request approval from K/T AAA within the (5) working day timeframe of a new submission timeframe for the complete report.

4. Notification of Individuals
If the cause of a breach is attributable to the Contractor or its agents, the Contractor shall notify individuals accordingly and shall pay all costs of such notifications as well as any costs associated with the breach. The notification shall comply with applicable federal and state law. K/T AAA shall approve the time, manner, and content of any such notifications and their review and approval must be obtained before the notifications are made.

Kings/Tulare Area Agency on Aging 75 Agreement No: K/T AAA 25/26-05

5. Responsibility for Reporting Breaches to Entities other than K/T AAA If the cause of a breach of PSCI is attributable to the Contractor or its subcontractors, the Contractor is responsible for all required reporting of the breach as required by applicable federal and state law.

6. Submission of Sample Notification to Attorney General:

If notification to more than 500 individuals is required pursuant to California Civil Code section 1798.29, regardless of whether the Contractor is considered only a custodian and/or non-owner of the PSCI, the Contractor shall, at its sole expense and the sole election of K/T AAA, either:
a.Electronically submit a single sample copy of the security breach notification, excluding any personally identifiable information, to the Attorney General pursuant to the format, content, and timeliness provisions of Section 1798.29, subdivision (e). The Contractor shall inform the K/T AAA of the time, manner, and content of any such submissions prior to the transmission of such submissions to the Attorney General; or
b.Cooperate with and assist K/T AAA in its submission of a sample copy of the notification to the Attorney General or CDA.

K. Responsibility of K/T AAA
K/T AAA agrees to not request the Contractor use or disclose PSCI in any manner that would not be permissible under HIPAA and/or other applicable federal and/or state law.

L. Audits, Inspections, and Enforcement

1. K/T AAA Right to Inspect:

From time to time, K/T AAA may inspect the facilities, systems, books, and records of the Contractor to monitor compliance with the safeguards required in the Information Confidentiality and Security Requirements (ICSR) section. The Contractor shall promptly remedy and violation of any provision of the ICSR section.

The fact that K/T AAA inspects, or fails to inspect, or has the right to inspect, the Contractor’s facilities, systems, and procedures does not relieve the Contractor of its responsibility to comply with this ICSR section.

Kings/Tulare Area Agency on Aging 76 Agreement No: K/T AAA 25/26-05

2. Notification to K/T AAA in Event the Contractor is Subject to Other Audit:

If the Contractor is the subject of an audit, compliance review, investigation, or any proceeding that is related to the performance of its obligations pursuant to this Agreement or is the subject of any judicial or administrative proceeding alleging a violation of HIPAA, the Contractor shall promptly notify K/T AAA unless it is legally prohibited from doing so.

M. Miscellaneous Provisions

1. Disclaimer:

K/T AAA makes no warranty or representation that compliance by the Contractor with this Agreement will satisfy the Contractor’s business needs or compliance obligations. The Contractor is solely responsible for all decision made by the Contractor regarding the safeguarding of PSCI and other confidential information.

2. Amendment:
a. Any provision of the Agreement which conflicts with current or future applicable federal or state laws is hereby amended to conform to the provisions of those laws. Such amendment of the Agreement shall be effective on the effective date of the laws necessitating it and shall be binding on the parties even though such amendment may not have been reduced to writing and formally agreed upon and executed by the parties.
b. Failure by the Contractor to take necessary actions required by amendments to the Agreement shall constitute a material violation

3. Assistance in Litigation or Administrative Proceedings The Contractor shall make itself, its employees, and agents available to K/T AAA at no cost to K/T AAA to testify as witnesses in the event of litigation or administrative proceedings being commenced against K/T AAA, its director, officers, or employees based upon claimed violation of laws relating to security and privacy, and which involves inactions or actions by the Contractor (except where the Contractor or its subcontractor, workforce employee, or agent is a named adverse party).

4. No Third-Party Beneficiaries
Nothing in this Agreement is intended to or shall confer upon any third person, any rights, or remedies whatsoever.

Kings/Tulare Area Agency on Aging 77 Agreement No: K/T AAA 25/26-05

5. Interpretation
The terms and conditions in the Agreement shall be interpreted as broadly as necessary to implement and comply with regulations and applicable laws. The parties agree that any ambiguity in the terms and conditions of this Agreement shall be resolved in favor of a meaning that complies and is consistent with federal and state laws and regulations.

6. No Waiver of Obligations
No change, waiver, or discharge of any liability or obligation hereunder on any one or more occasions shall be deemed a waiver of performance of any continuing or other obligation or shall prohibit enforcement of any obligation on any other occasion.

7. Return or Destruction of PSCI on Expiration or Termination At expiration or termination of the Agreement, if feasible, the Contractor shall return or destroy all PSCI that the Contractor still maintains in any form and retain no copies of such information. If return or destruction is not feasible, K/T AAA and the Contractor shall determine the terms and conditions under which the Contractor mat retain the PSCI.

8. Data Sanitization
All PSCI must be sanitized using NIST Special Publication 800-88 standard methods for data sanitization when the PSCI is no longer needed. a. Survival
If return or destruction of PSCI is not feasible upon the completion or termination of the Agreement, the respective rights, and obligations of the Contractor under this Section shall survive the completion or termination of the Agreement between the Contractor and K/T AAA. The Contractor shall also limit further uses and disclosures of PSCI to those purposes that make the return or destruction of the information infeasible.

Kings/Tulare Area Agency on Aging 78 Agreement No: K/T AAA 25/26-05 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 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 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.

Kings/Tulare Area Agency on Aging 79 Agreement No: K/T AAA 25/26-05

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.

4. Materials published or transferred by Contractor shall: (a) state “The materials or product were a result of a project funded by a contract with the California Department of Aging”; (b) give the name of the entity, the address, and the telephone number at which the supporting data is available; and (c) include a Statement that “The conclusions and opinions expressed may not be those of the California Department of Aging and that the publication may not be based upon or inclusive of all raw data.”
ARTICLE XX. PUBLIC EDUCATION AND INFORMATION
Public Education and Information (PE&I) falls into two categories:

1. Educational – materials that educate and inform an audience such as activity books, coloring books, brochures, and posters.

2. Promotional – material that promotes, supports, or enhances efforts and directly relates to the project objective such as key chains, onboard signs, mugs, pencils, magnets, and litter bags. The K/TAAA does NOT
allow K/TAAA funds to be used for this purpose.

The contractor shall assure that publications, press releases, paid and earned advertisements, outreach and media, media and kick-off events, educational materials and public notice conditions are met by ensuring that:

Materials published or transferred by the AAA and financed with funds under this Program Guide and the MOU shall include the following funding disclaimer:
a. “The materials or product were a result of a project funded by a contract with the California Department of Aging”.

The contractor and subcontractors that produce educational materials that mention the CDA name (outside of the funding disclaimer) or use the CDA logo must receive approval from the CDA Office of Communications prior to production. Contractors that produce PI&E materials must receive written approval from the CDA Office of Communications if the CDA is mentioned anywhere other than within the funding disclaimer, or if the CDA logo is used. Subrecipients should allow a minimum of ten (10) business days for approval; they should contact the CDA Office of Communications for assistance ([email protected]).

Kings/Tulare Area Agency on Aging 80 Agreement No: K/T AAA 25/26-05 Contractors should also advise vendors that all materials used in the production of public outreach materials paid for with grant funds are the property of the contractor and the K/TAAA (i.e., data, plates, digital files, camera-ready artwork, designs, concepts, photographs, video and audio). The K/TAAA reserves the right to use materials developed by the contractor and/or subcontractor.

Questions regarding the inclusion, size or placement of the CDA logo should be directed to the CDA Office of Communications.

All documents produced must comply with Federal Acquisition Regulation, Section 508, which governs document accessibility.

A. Advertising and Public Relations
The contractor shall assure that publications, press releases, paid and earned advertisements, outreach and media, media and kick-off events, educational materials and public notice conditions are met by ensuring that:

Materials published or transferred by the K/T AAA and financed with funds under this
contract shall include the following funding disclaimer:
i. “The materials or product were a result of a project funded by a contract with the California Department of Aging”.

All press releases or any program advertisement utilizing the CDA logo must be approved by the CDA Office of Communications prior to dissemination. Approval is also required for all use of CDA logo or mention of CDA in materials. The K/T AAA should email the draft press release to [email protected] at least fourteen (14) days in advance of the announcement or event and copy the appropriate CDA Program team.

The K/T AAA must coordinate media and kick-off events with the CDA Office of Communications.

If CDA funds are used for outreach, including paid and earned advertising, all materials must receive preapproval from the CDA Office of Communications before publication or production. Any mention of the CDA name or organization in press or outreach materials requires prior approval. The appropriate CDA program manager will coordinate this process. Materials should be submitted to the appropriate CDA program manager for the CDA Office of Communications for review. They will be assessed in batches on the first and fifteenth of each month, with a minimum ten (10) business day approval period.

Kings/Tulare Area Agency on Aging 81 Agreement No: K/T AAA 25/26-05 B. Approval Requirements for Advertising and Public Relations Approval Required
Materials that use the CDA logo, including:
- Paid advertising
- Earned advertising
- Outreach materials
- Educational materials
- Media events
- Public notices
No Approval Required:
- Materials that only mention CDA in the funding disclaimer “The materials were funding by a contract with the California Department of Aging.” without using the CDA logo.
- Materials that do not mention the CDA name or use the CDA logo.

Social Media Posts
Approval Required:
- Social media posts that mention the CDA name or use the CDA logo No Approval Required:
- Social media posts that do not mention the CDA name or use the CDA logo, even if CDA funds are involved.
- Tagging @calaging on X, Facebook or LinkedIn is optional but encouraged to keep CDA informed about your organization’s activities.

Specific Scenarios and Examples
- Paid advertisement in local newspaper - No approval is needed if the promotion includes the funding disclaimer without the CDA logo or mentioning CDA. - Public Notices - No approval is needed for public notices about Area Plan updates or RFPs that use template language but do not use CDA logo. - Examples of materials requiring approval:

Press releases, brochures, websites, flyers, invitations, presentations, and reports that mention the CDA name beyond the funding disclaimer language or use the CDA logo with or without other logos.

Kings/Tulare Area Agency on Aging 82 Agreement No: K/T AAA 25/26-05 Submission Process
Submit language and materials needing approval to [email protected] - Review timeline: Typically, within ten (10) business days - Review dates: First and fifteenth of each month
- Urgent requests: Notify Office of Communications if expedited approval is needed Questions
- For questions about approval requirements email [email protected] C. Copyrights/Trademarks
The CDA reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal or state government purposes the following:

1. The copyright/trademark in any work developed under a grant, sub grant or contract under a grant or sub grant.

2. Any rights of copyright/trademark to which the K/T AAA or Contractor purchases ownership with grant funds
EXHIBIT D: ADDITIONAL PROVISIONS
ARTICLE I. ASSURANCES SPECIFIC TO THIS AGREEMENT
A. General Assurances
The Contractor shall assure that the following conditions are met:

1. Services are provided only to the defined Eligible Service Population.

2. If the K/T AAA makes any award of funds to a public or private nonprofit agency, for the following purposes: (1) acquiring, altering, leasing, or renovating a facility, including a mobile facility, for use as a multipurpose senior center or (2) constructing a facility, including a mobile facility, for use as a multipurpose senior center, the Contractor shall adhere to the program requirements and to 45 CFR 74, "Procurement Standards," (procurement by Contractors and subcontractors for nonprofit organizations), and 45 CFR 92.36, (procurement for State and local governments), as applicable.

Kings/Tulare Area Agency on Aging 83 Agreement No: K/T AAA 25/26-05

3. The Contractor shall comply with the standards and guidelines for procurement of supplies, equipment, construction, and services as provided in 45 CFR 92.36.

4. The K/T AAA assures that when an existing facility has been altered (with funds made available by this Agreement) and is used as a multipurpose senior center, the period of time in which such facility shall be used as a center is as follows:
a. Not less than three (3) years from the date the Agreement terminates where the amount of the Agreement, including the non-Federal share, does not exceed $30,000.
b. If the Agreement amount exceeds $30,000, the fixed period of time shall be not less than three (3) years from the date of Agreement plus one (1) year for each additional $10,000, or part thereof, to a maximum of $75,000.
c. For Agreement amounts which exceed $75,000, the fixed period of time shall be no less than ten (10) years.

5. Any multipurpose senior center constructed with funds made available by this Agreement shall be used for that purpose for at least twenty (20) years after completion of that construction.

6. Any facility to be used as a senior center and acquired with funds made available by this Agreement shall be used for that purpose for at least ten (10) years from the date of acquisition.

7. Any agency awarded Title III funds for senior center acquisition or construction has a completed and notarized Notice of Assurances to the State of California of the Use of Property and the United States' Right of Recapture (CDA 214) recorded with the county recorder. The Contractor shall periodically validate continuing use of such facility as a senior center during the recapture period.

8. K/T AAA funds will be made available only for the support of activities specified in an approved and current Area Plan that is in compliance with State and Federal laws and regulations.

9. The Contractor and/or subcontractor shall make use of trained volunteers to expand the provision of FCSP activities in accordance with OAA §373(d).

10. An individual’s receipt of services under the In-Home Supportive Services Program shall not be the sole cause for denial of any services provided by the K/T AAA or its contractors.

Kings/Tulare Area Agency on Aging 84 Agreement No: K/T AAA 25/26-05

11. Funds made available under Title III E. shall be budgeted and expended in accordance with the five core federal support service components specified in OAA § 373(b), distinguished between “family caregivers” and older relative caregiver” support services, as required for Older Americans Act Performance System (OAAPS).
a. Data and Financial Reporting for Title III E FCSP shall be in keeping with the OAAPS expanded 16 service categories.

12. Funds made available under Title III E shall enable comprehensive and multifaceted systems of support services that include the five federal support service components for both “family caregiver” and “older relative caregiver” [OAA § 373(a)-(b)], unless the contractor has documented through the Area Plan process that one or more of these components is being addressed by other sources.

13. Funds made available under Title III E shall enable comprehensive and multifaceted systems of support services that include the five federal support service components for both “family caregiver: and ”grandparent caregiver” [OAA §373(a)(b)], unless the K/TAAA has documented through the Area Plan process that one or more of these components is being addressed by other sources.

14. Funds made available under this Agreement shall supplement, and not supplant, any federal State, or local funds expended by a state or unit of general purpose local government to provide Title III (excluding III E), and Title VII services.

15. Funds made available under Title III E shall supplement and not supplant other services that may directly or indirectly support unpaid caregiving, such as Medicaid waiver programs (e.g., MSSP, etc.) or other caregiver services such as those provided through Department of Social Services Kinship Support Service Programs, California Community Colleges Foster and Kinship Care Education Programs, Department of Developmental Services Regional Centers, Department of Mental Health Caregiver Resource Centers and other Title III funded providers.

16. The following closely related programs identified by CFDA number are to be considered as an “other cluster” for purposes of determining major programs or whether a program-specific audit may be elected. The contractor shall identify the CFDA titles and numbers to the independent auditor conducting the organization’s single audit along with each of its subcontractors. The funding source (Federal Grantor) for the following programs is the U.S. Department of Health and Human Services, Administration for Community Living. a. 93.041 - Special Programs for the Aging-Title VII-A, Chapter 3 Programs for Prevention of Elder Abuse, Neglect, and Exploitation (Title VII-A, Chapter 3).

Kings/Tulare Area Agency on Aging 85 Agreement No: K/T AAA 25/26-05 b. 93.042 - Special Programs for the Aging-Title III B & VII-A, Chapter 2 – Long-Term Care Ombudsman Services for Older Individuals (Title III B & VII-A, Chapter 2).
c. 93.043 - Special Programs for the Aging-Title III, Part D – Disease Prevention and Health Promotion Services (Title III D)
d. 93.044 - Special Programs for the Aging-Title III, Part B – Grants for Supportive Services and Senior Centers (Title III B)
e. 93.045 - Special Programs for the Aging-Title III, Part C – Nutrition Services (Title III C)
f. 93.052 - National Family Caregiver Support Program-Title III, Part E. g. 93.053 - Nutrition Services Incentive Program
“Cluster of programs” means a grouping of closely related programs that share common compliance requirements. The types of clusters of programs are research and development, student financial aid, and other clusters. “Other clusters” are defined by the consolidated CFR in the Compliance Supplement or as designated by a state for federal awards provided to its subcontractors that meet the definition of “cluster of programs.” When designating an “other cluster,” a state shall identify the federal awards included in the cluster and advise the subcontractors of compliance requirements applicable to the cluster. A “cluster of programs” shall be considered as one program for determining major programs, as described in 45 CFR 75.525(a), whether a program-specific audit may be elected. [Federal Office of Management and Budget, [45 CFR 75 Requirements], Audits of States, Local Governments 45 CFR 75 Appendix V to part 75 F.1., and NonProfit Organizations 45 CFR 75 Appendix IV to part 75 C.2.a.]

17. Contractor assures that voluntary contributions shall be allowed and may be solicited in accordance with the following requirements: [OAA §315(b)]:
a. Any Contractor for any Title III or Title VII services shall not use means tests.
b. Any Title III or Title VII client that does not contribute toward the cost of the services received shall not be denied services.
c. Methods to solicit voluntary contributions for Title III and Title VII services shall be non-coercive.
d. Each service provider will:

Kings/Tulare Area Agency on Aging 86 Agreement No: K/T AAA 25/26-05 (i) Comply with provisions for voluntary contributions in Section 4.4. [OAA §325(b)]
(ii) Provide each recipient with an opportunity to voluntarily contribute to the cost of the meal.
(iii) Clearly inform each recipient that there is no obligation to contribute and that the contribution is purely voluntary. (iv) Protect the privacy and confidentiality of each recipient with respect to the recipient’s contribution or lack of contribution. (v) Establish appropriate procedures to safeguard and account for all contributions.
(vi) Use all collected contributions to expand the services for which the contributions were given and to supplement (not supplant) funds received under this Act.
(vii) Develop a suggested amount. When developing this contribution amount, the income ranges of the older individuals in the community and the provider’s other sources of income shall be considered. [CCR 7638.9.(b)]
a. Title III C-1: Post signage indication the suggested contribution for eligible individuals, and the guest fee for non-eligible individuals, near the contribution container at each congregate meal site. The guest fee shall cover all meal costs. [CCR 7638.9©]
b. Title III C-2: Notify C-2 clients of the suggested
contribution amount and methods for making voluntary
contributions.

18. Cost sharing shall not be implemented for any Title III or Title VII service until so notified by the K/T AAA.

19. The Contractor shall participate in the preparation and implementation of a disaster plan that ensures provision of critical services to meet the emergency needs of consumers they are charged to serve during medical or natural disasters, such as earthquakes or floods. This plan shall be coordinated with the overall County Office of Emergency Services Plan and shall conform to any statewide requirements issued by the CDA or any other appropriate federal agency.

20. The Contractor shall notify the K/T AAA’s Disaster Coordinator annually, or whenever a change occurs, the name of the individual responsible for Disaster Coordination.

21. The Contractor shall assure that Information and Assistance staff have written procedures in place and are trained at least annually on how to handle emergencies. As specified in 22 CCR §7547, the training shall consist of:

Kings/Tulare Area Agency on Aging 87 Agreement No: K/T AAA 25/26-05 a. Familiarity with telephone numbers of fire, police, and ambulance services for the geographic area served by the provider. These telephone numbers shall be posted near the telephone for easy access when an emergency arises.
b. Techniques to obtain vital information from older individuals and persons with disabilities who require emergency assistance.
c. Making written emergency procedure instructions available to all staff that have contact with older individuals or persons with disabilities.

22. The Contractor shall not require proof of age or citizenship or disability as a condition of receiving services.

23. The Contractor shall assure that the following publication conditions are met:

Materials published or transferred by the contractor and financed with funds under this contract shall:
b. state, ”The materials or product were a result of a project funded by a contract with the California Department of Aging”.
c. give the name of the entity, the address, and telephone number at which the supporting data is available and include a statement that, “The conclusions and opinions expressed may not be those of the California Department of Aging and that the publication may not be based upon or inclusive of raw data.”

24. The Contractor shall develop a policy and procedure to ensure that Title III C-1 and Title III C-2 meals are only received by eligible individuals.

25. The Contractor shall annually assess the Title III C-2 client’s nutrition risk using the Determine Your Nutritional Risk checklist published by the Nutrition Screening Initiative. [OAA §339(2)(J)] [OAA §207(a)(3)].

A. Assurances Specific to the Ombudsman Program:

The Contractor shall assure the following:

1. The Local Ombudsman Program, its governing board members, representatives of the Local Ombudsman Program, OSLTCO, and members of their immediate families shall be free of actual and perceived conflicts of interest. [OAA § 712(f)(1)(B); 45 CFR 1324.21]

2. Representatives of the Local Ombudsman Program shall have unescorted, unhindered access to long-term care facility residents between the hours of 7:00

Kings/Tulare Area Agency on Aging 88 Agreement No: K/T AAA 25/26-05 a.m. and 10:00 p.m., seven days a week [OAA §712(b)(1)(A)][45 CFR 1324.11(e)(2)(i)][WIC §9722(a)][22 CCR 8020(a)]. Authorization by the State Ombudsman is required for entry outside of these hours. [WIC §9722(a)][22 CCR 8020(b)]

3. Representatives of the Local Ombudsman Program shall have access to the medical and personal records of residents with appropriate documentation of consent; and when authorized by the State Ombudsman, access to resident records when a legal guardian refuses to give permission and there is reason to believe the guardian is not acting in the best interests of the resident. [OAA §712(b)(1)(B)] [WIC §9724]

4. Representatives of the Local Ombudsman Program upon request to a long-term care facility staff shall be provided with a roster, census, or other list of the names and room numbers or room locations of all current residents. [WIC §9722(d)]

5. Representatives of the Local Ombudsman Program shall not carry out the responsibilities of the Program until the State Ombudsman accepts them for certification [OAA §712(h)(5)(B)]; 45 CFR 1324.13(c)(3); WIC §9719(a)]

6. All records and files maintained by the local Ombudsman Program relating to any complaint or investigation shall remain confidential unless disclosure is authorized by the resident, resident representative, State Ombudsman, or local Ombudsman Program Coordinator in compliance with OSLTCO policies and procedures. [OAA §§705(a)(6)(C); 712(d)(2)] [45 CFR 1324.11(e)(3); 1324.19(b)(6-9)] and [WIC §9725].

7. The Local Ombudsman Program shall enter into a memorandum of understanding (MOU) with the Legal Services Provider (LSP) which will address conflict of interest, provision of legal advice, procedures for referral, and other technical assistance. The LSP may assist the State in providing legal representation to the Program when an Ombudsman Representative has been subpoenaed or in a suit or other legal action has been threatened or brought against the performance of the official duties of the Ombudsman Representative [OAA §712(h)(7)][WIC §9717(c)][ Statewide Standards for Legal Assistance in California].

8. Each Local Ombudsman Program shall maintain a separate budget The Local Ombudsman Coordinator shall be responsible for managing the day-to-day operation of the Program, including managing all paid staff and volunteers in the Program. The Local Ombudsman Coordinator shall determine budget priorities, develop or participate in budget preparation, and be informed of budget allocations by the Contractor specific to the Ombudsman Program. [45 CFR 1324.13(f)]

Kings/Tulare Area Agency on Aging 89 Agreement No: K/T AAA 25/26-05

9. The Local Ombudsman Program Coordinator shall provide the Office of the State Long-Term Care Ombudsman (OSLTCO) with an organizational chart that includes:
a. All local staff who are wholly or partly funded by Ombudsman Program resources.
b. Their titles/roles within the Program.
c. The number of hours per week charged to the Local Ombudsman Program for each position. [45 CFR 1324.13(b),(c)]
The coordinator shall inform the OSLTCO of any staffing changes.

10. The Local Ombudsman Program Coordinator will attend OSLTCO New Coordinator Training when initially designated as coordinator and OSLTCO biannual training conferences. [45 CFR 1324.13(c)(2); Welf. & Inst. Code 9719(a)(1)]

11. The Local Ombudsman Program Coordinator shall inform the OSLTCO of issues with local Ombudsman representatives, complex cases, situations with potential legal implications, changes in staffing, emerging regional issues with statewide impact, breaches of confidentiality, and conflict of interest issues. [45 CFR 1324.13(b),(c)]

12. Representatives of the Local Ombudsman Program shall conduct interviews/investigations in a confidential manner and the Program shall have office space and telecommunications that protect the confidentiality of all complaint-related communications and records. [OAA §705(a)(6)(C)][WIC §§9725;15633(c)]

13. Each Local Ombudsman Program shall have information systems sufficient to run State-approved database systems and to receive and send confidential e-mail messages to and from the CDA. [OAA §712(C)][WIC §9716(a)]

14. The entity providing Ombudsman services must be insured or self-insured for professional liability covering all Ombudsman activities including, but not limited to, investigation of resident complaints.

Kings/Tulare Area Agency on Aging 90 Agreement No: K/T AAA 25/26-05 B. Assurances Specific to Legal Assistance Providers (LSPs) In accordance with OAA §731 the Contractor shall assure that the following conditions are met:

1. LSPs will coordinate with state-designated providers of Long-Term Care Ombudsman services by developing and executing a memorandum of understanding (MOU) which will address conflict of interest, provision of legal advice, procedures for referral and other technical assistance.

2. LSPs may provide direct legal assistance to residents of the long-term care facilities where the clients are otherwise eligible and services are appropriate.

3. Where both legal and ombudsman services are provided by the same agency, providers must develop and follow policies and procedures to protect the integrity, resources, and confidentiality of both programs.

4. LSPs may assist the state in providing legal representation to the ombudsman program when an ombudsman or the program is named as a party or witness, in a subpoena, civil suit or other legal action challenging the performance of the official duties of the ombudsman.

5. LSPs are to coordinate with the local Legal Services Corporation (LSC) program, if the provider is not an LSC-funded program.

6. LSPs are to coordinate with the network of other service providers, including but not limited to, other LSPs, LTC ombudsman, HICAP, senior information and assistance, Adult Protective Services, law enforcement, case management services and focal points.

7. LSPs are to coordinate legal assistance activities with the statewide Hotline and private Bar, including groups within the private Bar furnishing services to older individuals on a pro bono or reduced fee basis.

8. LSPs are to collect required data elements on legal services provided and report in CARS.

Kings/Tulare Area Agency on Aging 91 Agreement No: K/T AAA 25/26-05 ARTICLE II. REPORTING PROVISIONS
A. The Contractor shall submit program performance reports in accordance with K/T AAA requirements to the .Kings/Tulare Area Agency on Aging, 5957 S. Mooney Blvd, Visalia, CA 93277. [WIC §9102(A)(5)]
B. The Contractor shall have written reporting procedures to assure that all submitted performance data is timely, complete, accurate, verifiable and specific to each program which include:

1. Collection and reporting of program data for the K/T AAA;

2. Ensuring accuracy of data from the intake/assessment process through reporting to the K/T AAA;

3. Verification of data prior to submission to the K/T AAA;

4. Correction procedures; and

5. A method for collecting and reporting estimated unduplicated client counts (if applicable) and demographics for each non-registered service, total non-registered services, and total for all services (registered and non-registered).

C. The K/T AAA shall train and orient Contractor’s staff regarding program data collection and reporting requirements.

D. The Contractor shall assure that all data submitted is timely, complete, accurate, and verifiable using the K/T AAA-approved reporting procedures on the following schedule:

1. 10th Day Each Month: Monthly service reports, expenditure reports and request for funds are due the 10th of the month following the month of service.

2. 30 days following the end of the reporting period. Quarterly narrative performance report.

3. February 15: Annual negotiated budgets and service units for the following fiscal year (to be included in the K/T AAA Area Plan update).

4. July 15: Final monthly expenditure report and request for funds, must be marked ‘final’, year-end closeout, and Report of Property Purchased

5. K/T AAA will provide all reporting templates to Contractor.

Kings/Tulare Area Agency on Aging 92 Agreement No: K/T AAA 25/26-05

6. All client and program data must be kept in a locked file cabinet or storage area and be made available for review by K/T AAA upon request. This may include, but not be limited to:
a. NAPIS Client Intake Sheets.

K/T AAA is required to adhere to the National Aging Program Information System (NAPIS) data collection requirements by collecting and reporting specified data for all clients that receive registered services. K/T AAA will provide intake sheets.
b. Meal Rosters
The Meal Roster is a tool that is used to account for all clients receiving a meal, per nutrition site. This includes Home Delivered and Congregate meal clients. Meal Rosters for each nutrition site will be printed out from the computerized client tracking system, CARS.

E. Reporting Provisions Specific to the Ombudsman Program The Contractor shall take the following actions, or shall require its subcontractor, the Local Ombudsman Program, to enter data into the Internet-based National Ombudsman Reporting System (NORS) utilizing software provided by CDA as required. NORS data entry must be timely, complete, accurate and verifiable.

1. Data entry for quarterly NORS reports must be completed no later than one month following the end of the reporting quarter, (i.e., October 31, January 31, April 30, and July 31). Upon request, aggregate data may be sent to K/T AAA.

2. On or before the reporting dates, the Local Ombudsman Program must submit the Quarterly Ombudsman Data Reporting Form, (OSLTCO S301) indicating that data for the quarter has been completed or the reason for any delay, to the Ombudsman Program mailbox ([email protected]) with a copy to the K/T AAA.

F. The Contractor shall have written reporting procedures specific to each program. K/T AAA will provide procedures and/or provide guidance and approved methodologies for these procedures; and will approve all procedures:

1. Collection and reporting of program data for the Contractor and subcontractor

2. Ensuring accuracy of all data from the Contractor and subcontractor

3. Verification of Contractor and subcontractor data prior to submission to the K/T AAA Data Team.

4. Procedures for the Contractor and subcontractor on correcting data errors.

Kings/Tulare Area Agency on Aging 93 Agreement No: K/T AAA 25/26-05

5. A methodology for calculating and reporting:
a. Total estimated unduplicated clients in each non-registered service. b. Total estimated unduplicated clients in all non-registered services. c. Total estimated unduplicated clients across all registered and nonservices; and

6. Performance data monitoring process

7. Data Reporting for Title IIIE FCSP shall be in keeping with the OAAPS expanded 16 service categories.

G. The Contractor shall orient and train staff and subcontractor’s staff regarding program data collection and reporting requirements. The K/T AAA Data Team will be available to provide guidance for data collection training The Contractor shall have cross-trained staff in the event of planned or unplanned prolonged absences to ensure timely and accurate submission of data.

H. Reporting Provisions Specific to Title VII : Elder Abuse Prevention

1. The Contractor shall complete and submit the Elder Abuse Prevention Quarterly Activity Report (CDA 1037) to the K/T AAA. The K/T AAA shall be responsible for submitting it to the State Ombudsman, no later than 30 days following the end of each quarter.

2. The Contractor shall also enter the quarterly aggregate number of ‘Elder Abuse Prevention, Education and Training Sessions’ and ‘Elder Abuse Prevention Educational Materials’ into CARS on a quarterly basis.

3. The Contractor shall also report in CARS the total Elder Abuse Prevention, Education and Training sessions and Elder Abuse Prevention, Education Materials from the Elder Abuse Prevention Quarterly Activity Report.

ARTICLE III. APPEAL PROCESS
A. If the Contractor disputes the administration of this Agreement, either fiscal or non-fiscal, the Contractor shall appeal the dispute to the Director of the K/T AAA. If the Contractor is not satisfied with the decision of the Director, the Contractor can appeal to the Governing Board. If the Contractor is not satisfied with the decision of the Governing Board, the Contractor can use the appeal procedure established by the CDA in Title 22 CCR, Sections 7700 through 7710. Unless CDA notifies the Contractor of a different stated time, the Contractor shall file an appeal within thirty (30) days of the Governing Board’s decision.

Kings/Tulare Area Agency on Aging 94 Agreement No: K/T AAA 25/26-05 B. Subcontractors of the contractor may appeal the Contractor’s final adverse determination relating to Title III and Title VII programs using the appeal process established in Title 22 CCR, Sections 7700 to 7710.

C. Any dispute regarding an existing direct service contract or the procurement of the direct service contract shall be resolved locally, consistent with W&I Code Section 9535(k), and as specified in the procurement documents and contracts of the Contractor.

D. Appeal costs or costs associated with any court review are not reimbursable.

ARTICLE IV. TRANSITION PLAN
A. The Contractor shall submit a transition plan to K/T AAA within 15 (15) days of delivery of a written Notice of Termination (Pursuant to Article XII, Exhibit C of this Agreement) of a service funded either by Title III or Title VII. The transition plan must be approved by K/T AAA and shall at a minimum include the following:

1. Description of how clients will be notified about the change in their service provider.

2. A plan to communicate with other organizations that can assist in locating alternative services.

3. A plan to inform community referral sources of the pending termination of the service and what alternatives, if any, exist for future referrals.

4. A plan to evaluate clients in order to assure appropriate placement.

5. A plan to transfer any confidential medical and client records to a new contractor.

6. A plan to dispose of confidential records in accordance with applicable laws and regulations.

7. A plan for adequate staff to provide continued care through the term of the contract. [22 CCR §7206(e)(4)]

8. A full inventory and plan to dispose or transfer or return to the State all equipment purchased during the entire operation of the contract.

9. Additional information as necessary to effect a safe transition of clients to other community service providers.

Kings/Tulare Area Agency on Aging 95 Agreement No: K/T AAA 25/26-05 B. The Contractor shall implement the transition plan as approved by the K/T AAA. The K/T AAA will monitor the Contractor’s progress in carrying out all elements of the transition plan.

C. If the Contractor fails to provide and implement a transition plan as required by Article XII of Exhibit C of this Agreement, the Contractor shall implement a transition plan submitted by the K/T AAA to the Contractor following the Notice of Termination.

ARTICLE V. OBLIGATIONS UPON TERMINATION SPECIFIC TO THE OMBUDSMAN

PROGRAM
A. Transition of Local Ombudsman Services

1. The Contractor shall, upon notice of termination of Ombudsman services notify the K/T AAA in writing:
a. Within three (3) working days of Intent to Terminate responsibility for Local Ombudsman services, and
b. Within one working day of any change in Local Ombudsman Program services.

B. Transition Plan

1. The Contractor shall submit a Transition Plan to the K/T AAA within fifteen (15) days from the occurrence of any of the following:
a. Written notice to the K/T AAA of the Contractors’ intent to terminate Ombudsman services;
b. Written notice to the subcontractor of the Contractor’s intent to terminate the contract for Ombudsman services; or
c. Written notice to the Contractor of the K/T AAA Termination of the Contract, in whole or, from time to time, in part related to the provision of Ombudsman services.

2. Contractor shall identify in the Transition Plan which option it has chosen to ensure that there will be no break in continued services, based on the following:

Kings/Tulare Area Agency on Aging 96 Agreement No: K/T AAA 25/26-05 a. Continue the mandated Ombudsman provisions as a direct service of the Contractor, utilizing experienced State Certified Ombudsman Representatives and a Local Program Coordinator selected by the Contractor and designated by the State Ombudsman to represent the Local Ombudsman Program.
b. Continue the mandated Ombudsman provisions as a subcontracted service with a subsequent provider selected in response to an RFP and designated by the State Ombudsman to carry out Ombudsman duties with respect to the PSA.

3. The Transition Plan shall at a minimum include the following:
a. Details of how the Contractor shall maintain an adequate level of State Certified Ombudsman Representatives to ensure continuity of services during the transition to a subsequent Local Ombudsman Program. b. Details of how the Contractor shall notify all the impacted facilities and community referral sources of the change in the parties providing Local Ombudsman Program services.
c. Details of how the Contractor shall deliver to the subsequent Local Ombudsman Program a full inventory of updated confidential client records, public facility records, and records documenting Ombudsman certification and training.
d. A description of how the subsequent Local Ombudsman Program will be assisted in assessing the status of all active clients records at the point of transfer to ensure timely continuation of Ombudsman services. e. A description of how residents and their families will be notified about the changes in their Ombudsman services provider.

C. The Contractor shall implement the transition plan as approved by the K/T AAA. The K/T AAA will monitor the Contractor’s progress in carrying out all elements of the Transition Plan.

D. If the Contractor fails to provide and implement the Transition Plan as required above, the Contractor agrees to implement a Transition Plan submitted by the K/T AAA to the Contractor. This Transition Plan may utilize State Certified Ombudsman Representatives from either the terminating contractor or from a neighboring Local Ombudsman Program.

Kings/Tulare Area Agency on Aging 97 Agreement No: K/T AAA 25/26-05 EXHIBIT E: HIPAA REQUIREMENT (Update version 04/09/13)
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) A. Definitions: Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in the Privacy Rule.

1. Business Associate shall mean CONTRACTOR.

2. Covered Entity shall mean K/T AAA (Kings/Tulare Area Agency on Aging).

3. Individual shall have the same meaning as the term “individual” in 45 CFR 164.501 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g).

4. Privacy Rule shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E.

5. Protected Health Information shall have the same meaning as the term “protected health information” in 45 CFR 164.501, limited to the information created or received by Business Associate from or on behalf of Covered Entity.

6. Required by Law shall have the same meaning as the term “required by law” in 45 CFR 164.501.

7. Secretary shall mean the Secretary of the Department of Health and Human Services or his designee.

B. Obligations and Activities of CONTRACTOR

1. CONTRACTOR agrees to not use or disclose Protected Health Information other than as permitted or required by the Agreement or as Required by Law.

2. CONTRACTOR agrees to use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Agreement.

3. CONTRACTOR agrees to mitigate, to the extent practicable, any harmful effect that is known to CONTRACTOR of a use or disclosure of Protected Health Information by CONTRACTOR in violation of the requirements of this Agreement.

4. CONTRACTOR agrees to report to K/T AAA any use or disclosure of the Protected Health Information not provided for by this Agreement of which it becomes aware.

Kings/Tulare Area Agency on Aging 98 Agreement No: K/T AAA 25/26-05

5. CONTRACTOR agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by CONTRACTOR on behalf of K/T AAA agrees to the same restrictions and conditions that apply through this Agreement to CONTRACTOR with respect to such information. CONTRACTOR agrees to provide access, at the request of K/T AAA, and in the time and manner requested by K/T AAA, to Protected Health Information in a Designated Record Set, to K/T AAA or, as directed by K/T AAA, to an Individual in order to meet the requirements under 45 CFR 164.524.

6. CONTRACTOR agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the K/T AAA directs or agrees to pursuant to 45 CFR 164.526 at the request of K/T AAA or an Individual, and in the time and manner requested by K/T AAA.

7. CONTRACTOR agrees to make internal practices, books, and records, including policies and procedures and Protected Health Information, relating to the use and disclosure of Protected Health Information received from, or created or received by CONTRACTOR on behalf of, K/T AAA to the K/T AAA, in a time and manner requested by K/T AAA for purposes of determining CONTRACTOR’S and/or K/T AAA’S compliance with the Privacy Rule.

8. CONTRACTOR agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for K/T AAA to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

9. CONTRACTOR shall provide to K/T AAA or an individual, in time and manner designated by K/T AAA, information collected in accordance with Title 45, CFR, Section 164.528, to permit the Department to respond to a request by the individual for an accounting of disclosures of PHI in accordance with Title 45, CFR, Section 164.528
C. General Use and Disclosure Provisions:

Except as otherwise limited in this Agreement, Business Associate may use or disclose Protected Health Information on behalf of, or to provide services to, K/T AAA, if such use or disclosure of Protected Health Information would not violate the Privacy Rule if done by K/T AAA or the minimum necessary policies and procedures of the K/T AAA.

D. Specific Use and Disclosure

1. Except as otherwise limited in this Agreement, CONTRACTOR may use Protected Health Information for the proper management and administration of the CONTRACTOR or to carry out the legal responsibilities of the CONTRACTOR.

Kings/Tulare Area Agency on Aging 99 Agreement No: K/T AAA 25/26-05

2. Except as otherwise limited in this Agreement, CONTRACTOR may disclose Protected Health Information for the proper management and administration of the CONTRACTOR, provided that disclosures are Required By Law, or CONTRACTOR obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and the person notifies the CONTRACTOR of any instances of which it is aware in which the confidentiality of the information has been breached.

3. Except as otherwise limited in this Agreement, CONTRACTOR may use Protected Health Information to provide Data Aggregation services to K/T AAA as permitted by 42 CFR 164.504(e)(2)(i)(B).

4. CONTRACTOR may use Protected Health Information to report violations of law to appropriate Federal and State authorities consistent with § 164.502(j)(1) E. Obligations of K/T AAA

1. K/T AAA shall notify CONTRACTOR of any limitation(s) in its notice of privacy practices of K/T AAA in accordance with 45 CFR 164.520, to the extent that such limitation may affect CONTRACTOR’S use or disclosure of Protected Health Information.

2. K/T AAA shall notify CONTRACTOR of any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, to the extent that such changes may affect CONTRACTOR’S use or disclosure of Protected Health Information.

3. K/T AAA shall notify CONTRACTOR of any restrictions to the use or disclosure of Protected Health Information that K/T AAA has agreed to in accordance with 45 CFR 164.522, to the extent that such restriction may affect CONTRACTOR’S use or disclosure of Protected Health Information.

F. Permissible Requests by K/T AAA:

Except as otherwise provided herein, K/T AAA shall not request CONTRACTOR to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by K/T AAA
G. Miscellaneous

1. Regulatory References. A reference in this Agreement to a section in the Privacy Rule means the section as in effect or as amended.

Kings/Tulare Area Agency on Aging 100 Agreement No: K/T AAA 25/26-05

2. Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for K/T AAA to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act of 1996, Pub L. No. 104-191.

3. Survival. The respective rights and obligations of CONTRACTOR under this Exhibit shall survive the termination of this Agreement.

4. Interpretation. Any ambiguity in this Agreement shall be resolved to permit K/T AAA to comply with the Privacy Rule.

Kings/Tulare Area Agency on Aging 101 Agreement No: K/T AAA 25/26-05 EXHIBIT F: CONTRACT AWARD AND UNITS OF SERVICE
TOTAL FUNDING AWARD: $262,561

FUNDING AWARDED BY SERVICE CATEGORY
TITLE III-B: SUPPORTIVE SERVICES Funding: $N/A
Activity Measure Contracted Units
Cash/Material Aid # of Assistance TBD
Community Education # of Activities
Information and Assistance # of Contacts
Legal Assistance # of Hours
Outreach # of Contacts
Personal Affairs Assistance # of Contacts
Public Information # of Activities
Senior Center Activities # of Hours
Telephone Reassurance # of Contacts
Transportation # of One Way Trips
Visiting # of Hours
TITLE III-B, VII-A, SDF and SNFQAF: OMBUDSMAN Funding: $N/A Activity Measure Contracted Units
Complaint Resolution Rate % of Complaints Resolved TBD
Work with Resident Councils # of Resident Councils
Attended
Work with Family Councils # of Family Councils
Attended
Consultations to Facilities # of Consultations
Information and
Consultations to Individuals
# of Consultations
Community Education # of Sessions
Nursing Facility Coverage % visited each quarter
Board Care Coverage % visited each quarter
Number of Full-Time
Equivalent Ombudsman
# of FTEs
Number of Certified
Volunteer Ombudsman
# of Certified Volunteer
Ombudsman

Kings/Tulare Area Agency on Aging 102 Agreement No: K/T AAA 25/26-05 TITLE III C-1: CONGREGATE NUTRITION Funding: $101,390
Activity Measure Contracted Units
Congregate Meals # of Meals 11,400
Nutrition Education # of Sessions per participant 650
TITLE III C-2: HOME DELIVERED NUTRITION Funding: $161,171 Activity Measure Contracted Units
Home Delivered Meals # of Meals 65,000
Nutrition Education # of Sessions per participant 2,500 TITLE III-D: DISEASE PREVENTION Funding: $N/A
Activity Measure Contracted Units
Health Promotion # of Contacts
Medication Management # of Contacts
Nutrition Education # of Sessions per participant
TITLE VII-B: ELDER ABUSE PREVENION Funding: $N/A
Activity Measure Contracted Units
Educational Materials # of Products distributed
Public Education Sessions # of Sessions
Training Sessions for
Professionals
# of Sessions
Total number of individuals
served
# of Persons
TITLE III-E: FAMILY CAREGIVER SUPPORT Funding: $N/A
Activity Measure Contracted Units
Information Services # of Activities
Information Services –
Estimated Audience
# of Contacts
Access Assistance # of Contacts
Support Services # of Hours
Respite Care # of Hours

Kings/Tulare Area Agency on Aging 103 Agreement No: K/T AAA 25/26-05 EXHIBIT G: PROGRAM SCOPE OF WORK
This Exhibit includes a general description of K/T AAA services. Refer to Exhibit F for specific contracted service units and activities to be provided under this agreement.

SCOPE OF WORK: TITLE III-B: SUPPORTIVE SERVICES (REQUIRED)

INFORMATION AND ASSISTANCE
I. Program Goal
To provide individuals aged 60 years or older with current information on opportunities and services available to the individuals within their communities, including information relating to assistive technology; assess the problems and capacities of the individuals; link the individuals to the opportunities and services that are available; and ensure (to the extent practical) individuals receive the services needed, and are aware of the opportunities available, by establishing adequate follow-up procedures.

II. Unit of Service
One (1) Contact qualifies as one (1) Unit of Service
• Information: To give information about resources, programs, and services. (Does not include facilitating appointments or other arrangements between the consumer and service provider). Calling an agency to request information about its locations or hours of operation, etc., would not be counted as a service unit. • Referral: Screening inquirers to identify needs and appropriate resources, indicating organizations capable of meeting those needs; helping callers for whom services are unavailable by locating alternative resources and, if necessary, actively participating in linking the inquirer to needed services.
• Follow-Up: Determining the outcome of a referral by contacting the consumer and/or the organization to which he/she was referred. Follow-up must be performed within 30 days of referral.

III. Area to Be Served
Services must be provided within Kings County, based on demands of the targeted population.

IV. Scope of Service
A. Provide comprehensive assessment and referral services to older persons with social and health needs.

B. Develop and maintain a comprehensive list of resources available for seniors within Kings County in accordance with Title 22 CCR, Div. 1.8, Chapter 4.(1), Article 2, § 7531. The Resource List shall contain information on available community resources including information on assistive technology.

Kings/Tulare Area Agency on Aging 104 Agreement No: K/T AAA 25/26-05 C. Maintain a close working relationship with service providers and an ongoing referral relationship through outreach and follow-up reporting.

D. Accessibility
• Be accessible to older individuals with disabilities
• Be conveniently located to public transportation and have parking available in the vicinity
• Be open during established hours of operation, as negotiated with the K/T AAA.
• Be equipped with a telephone system, office equipment and furniture • Provide the older individual with the requested I&A service(s) no later than one working day after the individual's visit to the I&A facility.

E. Confidentiality
• Provide privacy when interviewing individuals to ensure confidentiality of information.

LEGAL SERVICES
I. Program Goal
To provide legal information, advice, counseling and representation by an attorney or other person acting under the supervision of an attorney, who is a member of the California State Bar. The goal of legal services is to ensure the rights and entitlement of older persons by providing or securing legal assistance.

II. Unit of Service
1 Hour is counted as (1) Unit of Service
• Legal Assistance: To provide legal information, advice, counseling, administrative representation, and judicial representation to an individual or to a group by an attorney.
• Community Education/Advocacy: To educate groups of older persons, their families, friends, and community organizations/facility staff on rights, benefits, and entitlements for older persons either residing at home or living in an institutional setting.

Kings/Tulare Area Agency on Aging 105 Agreement No: K/T AAA 25/26-05 III. Area To Be Served
Services must be provided within Kings County, based on demands of the targeted population.

IV. Scope of Service
A. Implement a plan to provide legal services and community education/advocacy that include the following service areas:
• Income maintenance (SSI and Social Security)
• Health care (Medi-Cal, Medicare, Qualified Medicare Beneficiary (QMB), long term care issues, and private health insurance. Includes coordinating assistance to clients with the Health Insurance Counseling and Advocacy Program (HICAP)
• Housing (tenant rights, evictions, foreclosures)
• Elder abuse (financial, physical, emotional)
• Incapacities (managing affairs, counseling, Durable Power of Attorney/health care)
• Counseling on Wills and estate planning
• Other legal services as appropriate.

B. Legal services provider shall, with the approval of the K/T AAA, set priorities for the categories of cases for which it will provide legal representation in order to concentrate on older persons with the greatest economic need. The provider will give preference to those seniors with no other options, provided needed legal services are within the service areas above.

C. The Legal Services plan must include provision of legal services:
• At out-stations in the community (e.g., senior centers, senior housing complexes, nutrition sites, etc.)
• To institutionalized, isolated and homebound elderly

Kings/Tulare Area Agency on Aging 106 Agreement No: K/T AAA 25/26-05 D. Legal services must be provided in compliance with the statewide standards for legal assistance as promulgated by the California Department of Aging. For additional information please go to:
(http://www.aging.ca.gov/PM/PM05-19(P)/PM05-19(P).pdf)
E. Ensure service quality and maintain professional standards by:

1. Establishing a system of filing, record keeping, docket control and updating case activities;

2. Providing for the supervision of legal workers by an attorney;

3. Establishing a system of review to evaluate the quality of legal work, determine what pertinent issues have been identified, to assure the timely handling of cases, and to ensure that clients are involved in establishing case objectives and are kept informed of developments in the case.

4. Setting optimum caseloads for legal workers based on their experience and specialization;

5. Providing training for legal workers based on responsibilities and skills; and

6. Ensuring the confidences of clients are preserved from unauthorized disclosure.

F. Coordinate advocacy efforts with the state-designated Long Term Care Ombudsman Program.

G. Make efforts to involve the private bar in legal assistance activities.

Kings/Tulare Area Agency on Aging 107 Agreement No: K/T AAA 25/26-05

OUTREACH
I. Program Goal
Outreach: Interventions (one-on-one contact) with individuals initiated by an agency or provider for the purpose of identifying potential clients (or their age 60+ caregivers) and encouraging their use of existing services and benefits II. Unit of Service
One (1) Service Unit = 1 Contact
III. Area to Be Served
Services must be provided within Kings, based on demands of the targeted population.

IV. Scope of Service
A. Implement a plan to provide outreach to older individuals, specifically the target population, of ways in which to access available services.

B. Develop a system of counting the number of individual clients served. Examples include keeping track of the number of fliers handed out at a health fair event.

SENIOR CENTER ACTIVITIES
I. Program Goal
Provide activities designed to enable older individuals to attain and/or maintain physical and mental well-being. Activities must be provided at Senior Congregate Meal locations, and may also be offered at other locations.

II. Unit of Service
One (1) Service Unit = One Hour. A one hour session of a given activity provided to a group of 10 persons qualifies as 10 Service Units.

III. Area To Be Served
Services must be provided within Kings, based on demands of the targeted population.

IV. Scope of Service
A. Provide activities such as recreation, music, dancing, creative arts, physical activity, education, and leadership development.

B. Exercise classes and bingo, activities currently provided through the K/T AAA, are of the participants’ favorites. The K/T AAA encourages providers to seek participant recommendations of preferred activities and supports new and innovative activities.

C. Entertainment costs such as tickets to shows or sporting events, meals, lodging, rentals, transportation and gratuities are not allowable.

Kings/Tulare Area Agency on Aging 108 Agreement No: K/T AAA 25/26-05

TRANSPORTATION
I. Program Goal
To secure or provide transportation to assist older persons in obtaining essential services II. Unit of Service
One-way trip qualifies as one (1) Service Unit
Transportation is provision of a means of transportation for a person who requires help in going from one location to another. Does not include any other activity.

III. Area To Be Served
Services must be provided within Kings County, based on demands of the targeted population.

IV. Scope of Service
A. Provide one-way trips for low-income seniors for medical and supportive services access.

B. Service may include the use of subsidized taxi, ADA paratransit rider subsidy, and the purchase of public transit bus passes.

C. Work with the K/T AAA transportation coordinator in developing long-term solutions to transportation gaps in the County.

SCOPE OF WORK: TITLE III-B: SUPPORTIVE SERVICES (CATEGORY A) I. Program Goal
To provide supportive services to seniors 60 years of age or older that help to maintain or improve their physical, psychological, and social well-being.

II. Area To Be Served
Services must be provided within Kings County, based on demands of the targeted population.

III. Program Description - Supportive Services
A. Personal Care, Homemaker, and Chore programs provide assistance for individuals who otherwise could not remain in their homes. • Personal Care: Providing personal assistance, stand-by assistance, supervision or cues, (such as with eating, bathing, toileting, transferring in/out of bed/chair, walking, dressing, grooming).
• Homemaker: Providing assistance with preparing meals, shopping for personal and household items, managing money, using the telephone or doing light housework.

Kings/Tulare Area Agency on Aging 109 Agreement No: K/T AAA 25/26-05 • Chore: Providing assistance with heavy housework, yard work or sidewalk and other home maintenance for a person
One (1) Service Unit = 1 Hour
B. Residential Repairs/Modifications: providing repairs or modifications of homes that are necessary to facilitate the ability of older individuals to remain at home.
• Providing minor repair/renovations in order to meet safety, health issues, and code standards.

One (1) Service Unit = 1 modification
C. Telephone Reassurance: Contacting clients by telephone to provide reassurance, safety checks and support to older individuals.

One (1) Service Unit = 1 Contact
D. Visiting: Conducting home visits to clients to provide reassurance, safety checks and support older individuals.

One (1) Service Unit = 1 hour
SCOPE OF WORK: TITLE III-B: SUPPORTIVE SERVICES (CATEGORY B) I. Program Goal
To provide supportive services to seniors 60 years of age or older that help to maintain or improve their physical, psychological, and social well-being.

II. Area To Be Served
Services must be provided within Kings County, based on demands of the targeted population.

III. Program Description - Supportive Services
A. Assisted Transportation: Providing assistance and transportation, including escort, to a person who has difficulties (physical or cognitive) using regular vehicular transportation.

One (1) Service Unit = 1 one-way trip
B. Cash/Material Aid: Providing and arranging assistance for participants in the form of commodities, surplus food distribution, emergency cash assistance, and vouchers.

One (1) Service Unit = 1 Assistance
C. Community Education: Providing education services to groups of older persons, their families, friends, and community organizations/facility staff about rights, benefits, entitlements, and health and wellness information for older persons either residing at home or in an institutional setting.

Kings/Tulare Area Agency on Aging 110 Agreement No: K/T AAA 25/26-05 One (1) Service Unit = 1 Activity
D. Personal Affairs Assistance: Provides assistance in writing letters and with the completion of financial forms, including tax forms, and other written or electronic documents.

One (1) Service Unit = 1 Contact
E. Personal/Home Security: Providing services for the security and safety of the home environment of older individuals including safety features such as: medical alert, alarms, assistive devices (including provision of assistive technology services and devices).

One (1) Service Unit = 1 Product
F. Public Information: Contacting multiple current or potential clients or caregivers through publications, publicity campaigns, and other mass media campaigns including Internet websites.

One (1) Service Unit = 1 Activity
SCOPE OF WORK: TITLE III-C: SENIOR NUTRITION SERVICES
This Scope of Work contains the measurable objectives mandated by the Kings/Tulare Area Agency on Aging (K/T AAA) and the California Department of Aging (CDA) required of the Senior Nutrition Program (SNP)
A full description of the senior nutrition program is available at:

California Code of Regulations; Title 22; Div.1.8; Chapter 4; Article 5 http://www.calregs.com/linkedslice/default.asp?SP=CCR-1000&Action=Welcome I. Program Goal
The goal of the Senior Nutrition Program is to provide nutrition services to individuals sixty (60) years or older that promote physical, psychological and social well-being, and reduce isolation through programs coordinated with nutrition-related supportive services.

II. Unit of Service
Congregate Nutrition: One (1) meal is counted as one (1) Service Unit Home-Delivered Nutrition: One (1) meal is counted as one (1) Service Unit Senior Center Activity: One (1) hour provided to one (1) person is counted as (1) Service Unit. (i.e. 1 hour of bingo with 50 persons = 50 hours or 50 service units)

Kings/Tulare Area Agency on Aging 111 Agreement No: K/T AAA 25/26-05 III. Area To Be Served
Congregate Meal Services must be provided, at a minimum, in the following Kings County communities:

Avenal
Corcoran
Hanford
Home Delivered Meals shall be provided throughout the County of Kings, based on assessed needs of clients.

IV. Scope of Services
A. Eligibility for Nutrition Services

1. Congregate Meals – Individuals eligible to receive a meal at a congregate nutrition site are:
• Any older individual
• The spouse of any older individual
• 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.
• A disabled individual who resides at home with and accompanies an older individual who participates in the program

2. Volunteer Meals – A volunteer under age sixty (60) may be offered a meal if doing so will not deprive an older individual of a meal.

3. Home-Delivered Meals – Individuals eligible to receive a home-delivered meal are:
a. Any older individual who is frail, as defined below, and homebound by reason of illness, disability, or isolation:
“Frail” means that an older individual is determined to be functionally impaired because the individual either:
1) Is unable to perform at least two (2) activities of daily living, including bathing, toileting, dressing, feeding, breathing, transferring and mobility and associated tasks, without substantial human assistance, including verbal reminding, physical cueing or supervision.
2) Due to a cognitive or other mental impairment, requires substantial supervision because the older individual behaves in a manner that poses a serious health or safety hazard to the individual or to others.

Kings/Tulare Area Agency on Aging 112 Agreement No: K/T AAA 25/26-05 b. A spouse of a person in sub-section (a.1) above, regardless of age or condition, if an assessment concludes that it is in the best interest of the homebound older individual.
c. An individual with a disability who resides at home with older individuals if an assessment concludes that it is in the best interest of the homebound older individual who participates in the program.
d. Priority shall be given to older individuals in sub-section (a.1) above.

B. Requirements for Nutrition Services

1. Congregate Meals
a. Each Congregate Meal Provider shall:
1) Not preclude the service of a meal to a participant who has failed to make a reservation when food is available.
2) Ensure that a Client Intake Sheet (provided by K/T AAA) is completed for each participant on the first day of service and annually thereafter.
3) Ensure that a Nutritional Risk Assessment (provided by K/T AAA) is completed for each participant on the first day of service and annually thereafter.
4) Maintain appropriate documentation on each client.

Documentation shall be kept on file to be monitored by K/T AAA.
b. Each Congregate Meal site shall meet all of the following:
1) Have a paid staff or volunteer designated to be
responsible for the day-to-day activities at each site, and physically be on-site during the time that SNP
activities are taking place.
2) Have restrooms, lighting, and ventilation, which meet the requirements of CRFCL.
3) Have equipment, including tables and chairs that are sturdy and appropriate for older individuals. Tables
shall be arranged to assure ease of access and
encourage socialization.

Kings/Tulare Area Agency on Aging 113 Agreement No: K/T AAA 25/26-05

2. Home-Delivered Meals
a. Determine the level of need for home-delivered nutrition services of each eligible participant.
1) Ensure that a Client Intake Sheet (provided by K/T
AAA) is completed for each participant on the first day of service and quarterly thereafter. An initial
determination of eligibility may be accomplished by
telephone. Subsequent quarterly contact to complete
the Intake Sheet is primarily to determine if there have been changes in the participant’s living situation and
level of need. Quarterly contact must be made in the
home of the client at least every other quarter, and
intervening quarterly contacts made by telephone.
2) Ensure that a Nutritional Risk Assessment (provided by K/T AAA) is completed for each participant at
initiation of services and annually thereafter. Annual
reassessment should coincide with the quarterly contact being made to update the client’s Intake Sheet, in the
home of the client. Participants in need of nutritionrelated supportive services should be referred as necessary.
b. Provide written instructions, in the language of the majority of the participants, for handling and re-heating of the meals. c. Establish a waiting list for home-delivered meals whenever the home-delivered meal providers are unable to provide meals to all eligible individuals. The decision to place eligible recipients of a home-delivered meal on a waiting list, and their position on such a list, shall be based on greatest need and-or in accordance with policy established by the home-delivered meal provider, in consultation with K/T AAA.
d. Provide home-delivered meals in pre-packaged divided trays (hot or frozen meals).
e. Maintain appropriate documentation on each client.

Documentation shall be kept on file to be monitored by K/T AAA.

C. Nutrition Education Services

1. Nutrition Education shall be provided a minimum of four (4) times per year to participants in congregate and home-delivered meal programs. a. Nutrition Education for congregate sites is defined as demonstrations, presentations, lectures or small group discussions, all of which may be augmented with printed materials.

Kings/Tulare Area Agency on Aging 114 Agreement No: K/T AAA 25/26-05 b. Nutrition Education for home-delivered meal participants may consist solely of printed material that is in conjunction with a congregate meal Nutrition Education presentation.
c. Nutrition Education materials will be developed and approved by the K/T AAA Registered Dietician (RD) and delivered to
congregate and home delivered meal participants by the
Contractor.
d. Service units shall be documented and reported to the K/T AAA.

2. Nutrition Education shall be based on the particular need of congregate and home-delivered meal participants.

D. Special Events
Provide as needed or required by K/T AAA special catered meals to senior groups and/or meetings at pre-designated locations. The K/T AAA will provide a minimum advance notice of not less than 10 days.

E. Requirements for Senior Center Activities
Provide activities designed to enable older individuals to attain and/or maintain physical and mental well-being. Activities must be provided at Senior Congregate Meal locations, and may also be offered at other locations. Funding is available through Title III-B for these activities. Refer to Title III-B Scope of Work (Attachment A-1) for details.

F. Staffing

1. Manager or Director
a. The SNP provider shall have a manager on staff who shall conduct the day-to-day management and administrative functions of the SNP, and either have at least one of the following qualifications:
1) Possess an associate degree in institutional food service management, or a closely related field, such as, but not limited to, restaurant management, plus two (2) years
experience as a food service supervisor, or,
2) Demonstrate experience in food service, such as, but not limited to, cooking in a restaurant, and within twelve (12) months of hire successfully complete a minimum of twenty (20) hours specifically related to food service management, business administration, or personnel management at a
college level. Prior to completion of meeting the hours, this individual’s performance shall be evaluated through quarterly monitoring by a registered dietitian, or

Kings/Tulare Area Agency on Aging 115 Agreement No: K/T AAA 25/26-05 3) Two years experience managing food services. Such
experience shall be verified and approved by a registered dietitian prior to hire, or assuming the manager position.

2. Personnel – Paid Staff/Volunteers:
a. There shall be sufficient qualified paid staff or volunteer staff with the appropriate education and experience to carry out the requirements of the SNP. The total number of staff should be based on the method and level of services provided and size of the service area.
b. Contractor is encouraged to hire multi-lingual/multi-cultural staff to increase low-income and ethnic minority program participation in accordance with federal mandates.
c. Preference shall be given to hiring older individuals subject to the qualifications of the position.
d. Contractor shall recruit for vacant positions in an open and competitive application process free of discriminatory questions.

Written job descriptions for all paid and volunteer staff shall be maintained.
e. Contractor shall complete a written work performance evaluation on all paid and volunteer staff at least annually.
f. All paid staff that will be handling food must possess a current Food Handlers Card. Volunteers used routinely in the food service operation should also possess a current Food Handlers Card. g. At each facility, at least one person (paid staff or volunteer) who is routinely involved in the food service operation in some way must have a Food Safety Certificate.
h. Volunteers shall be recruited and used in any phase of the program operation where qualified.
i. Volunteers shall be screened and selected through a formal process that assesses their capabilities.
j. Volunteers that are paid through other job training programs are not considered volunteers and must be paid the agreed upon rate charged for regular paid staff.
k. The SNP Provider shall maintain a written Volunteer Policy that describes how volunteers are recruited, screened, what topics they are taught at orientation, and how often their performance is evaluated.

Kings/Tulare Area Agency on Aging 116 Agreement No: K/T AAA 25/26-05

3. Registered Dietitian
a. The K/T AAA Registered Dietitian will provide assistance to the SNP Provider to establish and administer nutrition services in accordance with Section 339 of the OAA, and follow the general requirements in Title 22, Division 1.8, Section 7500.
b. The Registered Dietitian will provide the following activities to meet the mandated requirements:
1) At a minimum, quarterly inspection for safe food handling and sanitation practices of food facilities.
2) Review and approve the content of staff training prior to presentation.
3) Review and approve the cycle menus.
4) Provide input, review, and approve the Nutrition Education Plan prior to presentation.
5) Provide technical support and assistance as needed.

G. Staff Training Activities

1. A yearly written Staff Training Plan shall be developed, implemented, and maintained on file by the SNP Provider, as required in Title 22, Division

1.8, Section 7636.7 (c).

2. The K/T AAA Registered Dietitian shall review and approve the content of the Plan prior to its presentation.

3. The Staff Training Plan must identify who is to be trained, who will conduct the training, content of the training, and when it is scheduled.

4. A copy of the Staff Training Plan that has been approved by the K/T AAA’s Registered Dietitian must be submitted to K/T AAA by September 1 st of the FY in which services are being provided. The K/T AAA approved Staff Training Plan must be kept on file.

5. A minimum of four (4) hours of staff training shall be provided annually for paid and volunteer food service staff, including congregate and homedelivered meal staff.

6. Training sessions shall be evaluated by those receiving the training.

7. The SNP Provider shall maintain documentation of each training session on file. Documentation includes, but is not limited to, sign-in sheets, agendas, handouts, and completed evaluations.

Kings/Tulare Area Agency on Aging 117 Agreement No: K/T AAA 25/26-05 b. Accident prevention, instruction on fire safety, first aid, choking, earthquake preparedness, and other emergency procedures. c. Elder Abuse Law and reporting procedures.

H. Senior Participants

1. Satisfaction Survey
a. The SNP Provider shall conduct a Client Satisfaction Survey at least annually. The Survey instrument must be approved by K/T AAA prior to its use, and all findings from the Survey must be used to improve services. The Provider must keep the completed Surveys and the tabulated results on file. A copy of the tabulated results must be submitted to K/T AAA by March 1st of the FY in which services are being provided.
b. The SNP Provider shall conduct Meal Satisfaction Surveys on a pre-designated frequency. The K/T AAA will provide assistance to the SNP Provider in establishing this process.

2. Complaint Procedures
The Contractor shall have a written Complaint Procedure for seniors who wish to file a complaint or grievance about the provision of services from the Contractor, pursuant to CCR Title 22, Section 7400. http://www.calregs.com/linkedslice/default.asp?SP=CCR-1000&Action=Welcome The Contractor will follow the K/T AAA complaint resolution procedures.

I. Menu Planning

1. Contractors will comply with all Meal Guidelines and Nutritional Requirements (refer to Section V of this Attachment)

2. A copy of the certified menu must be posted in a spot conspicuous to clients at each congregate site.

3. Copies of menus shall be made available to the participants upon request.

J. Food Procurement

1. Food procurement procedures shall comply with Title 22, CRFC standards, and HACCP best practices guidelines.

2. All food shall be of good quality and shall be obtained from sources that conform to Federal, State, and local regulatory standards for quality, sanitation, and safety.

3. To the extent possible, providers are encouraged to participate in group food purchasing.

4. A comparative cost analysis shall be performed either by the SNP Provider or its group purchasing organization on an on-going basis to obtain the highest quality food for the lowest price available.

Kings/Tulare Area Agency on Aging 118 Agreement No: K/T AAA 25/26-05 K. Food Storage

1. Food storage procedures shall comply with Title 22, CRFC standards, and HACCP best practices guidelines.

2. Adequate and suitable space free from vermin, dirt, and contamination or adulteration shall be provided for the storage of food and beverages, and cooking, serving, and eating supplies.

L. Food Production

1. Food production procedures shall comply with Title 22, CRFC standards, and HACCP best practices guidelines.

2. Food production and meal service shall be under the supervision of a trained staff in food service management to ensure food service sanitation and the practice of hygienic food handling techniques are followed. This person shall function with the advice of a Registered Dietitian.

3. Meals shall be served as indicated on the certified menus. In the event that a menu substitution must occur, the following procedure must be followed:
a. A Registered Dietitian must approve all menu substitutions. b. A Menu Substitution Form must be completed and signed by a Registered Dietitian.
c. The completed Menu Substitution form shall be kept on file for K/T AAA review.

4. Production Control
a. Production schedules or worksheets must be available in the food preparation area.
b. Food shall be prepared in sufficient quantities to serve all participants. Careful planning shall minimize the leftover food and prevent waste.
c. Standardized recipes shall be used to ensure consistency of quality and quantity and adherence to menu guidelines.
d. Appropriate utensils for correct and consistent portion control shall be available and used at each site.

5. Meal Service/Temperature Monitoring
a. All food for congregate sites shall be packaged and transported in a manner in which it is protected from potential contamination and maintains appropriate hot and cold food temperatures.
b. Meals shall be served to seniors “offer versus serve” – meaning participants are to be given an opportunity to decline a menu item.

Food trays shall not be served ahead of time.

Kings/Tulare Area Agency on Aging 119 Agreement No: K/T AAA 25/26-05 c. Temperature Checks
1) All hot, cold, and frozen potentially hazardous meal components, including milk, shall be checked daily
immediately prior to dispatch from the central kitchen. 2) All hot, cold, and frozen potentially hazardous meal components, including milk, shall be checked at satellite congregate sites upon delivery and at all congregate sites immediately before meal service.
3) The SNP Provider must have written procedures for
monitoring food temperature.
4) The SNP Provider must use a form to document food
temperatures daily (i.e. Food Temperature Log).
5) The SNP Provider shall have a staff member review the completed Food Temperature Logs at random a minimum
of every other month. If problems are discovered, an action plan must be developed to resolve the issue.
6) All completed Food Temperature Logs must be maintained on file for K/T AAA review.
d. To maintain quality in prepared foods, holding times shall be kept to a minimum. Long periods of holding hot foods diminishes the nutrient content and palatability of foods.
e. Holding time shall not exceed 4 hours between the end of production and the beginning of food service at the congregate site.

If prepared at the Congregate Meal site, holding time should not exceed 2 hours.
f. Milk and milk products shall be provided in individual, commercially filled containers, or shall be poured by a staff member directly from commercially filled bulk containers into the glass or cup from which it is consumed.
g. Single service utensils and tableware shall be used one time only and then discarded.
h. ‘Take home’ meals from a congregate meal site may be authorized only under limited circumstances. The SNP Provider must first develop a clear written policy and process for this contingency based on criteria established by the K/T AAA.

M. Food Service Requirements

1. The SNP Provider shall maintain the following records at each nutrition site, and retain them for a pre-designated period.

Kings/Tulare Area Agency on Aging 120 Agreement No: K/T AAA 25/26-05 a. Food Temperature Log – one should be available for congregate meals and one for home delivered meals if hot foods are delivered to the client
b. Cleaning Schedule.
c. Equipment Temperature Log – for all dish machines, refrigerators, and freezers.
d. Production Schedule – applicable only if food is cooked at the site.

2. The current Environmental Health inspection shall be available at the site for review.

3. Staff who are handling food shall possess a current Food Handlers’ Card that shall be available for review. Volunteers used routinely in the food service operation should also possess a current Food Handlers Card.

4. Meal delivery vehicles and meal delivery equipment shall be maintained to meet sanitary food standards for the delivery of food.

N. Program Requirements

1. Client Intake Sheets
a. The SNP Provider will ensure that each participant completes the Client Intake Sheet and Nutritional Risk Assessment form (provided by K/T AAA) to determine his or her level of nutritional risk.

Client Intake Forms shall be completed:
1) Congregate Meal Participants – at the beginning of
service and then annually thereafter for clients who
remain on the program.
2) Home-Delivered Meal Participants – at the beginning
of service and then quarterly thereafter for clients who remain on the program.

Nutritional Risk Assessment Forms shall be completed:
1) Congregate and Home-Delivered Meal Participants – at the beginning of service and then annually thereafter for clients who remain on the program.
b. SNP Providers will enter quarterly and annual intake data into the CARS System in a timely manner, which will be defined by the K/T AAA during initial training.
c. Annually assess each Title III C-1 and C-2 client’s nutrition risk using the DETERMINE Your Nutritional Health checklist
published by the Nutrition Screening Initiative. [OAA § 339(2)(J); OAA § 207(a)(3)]

Kings/Tulare Area Agency on Aging 121 Agreement No: K/T AAA 25/26-05 a. Title IIIC intake forms must include the DETERMINE
Your Nutritional Risk Health checklist questions and
scoring as indicated in the Title IIIC – Intake and
Assessment Forms Guide.

2. Outreach/Marketing Activities
a. SNP Providers are required to provide outreach in the community through community organizations and other groups. All outreach and marketing activities shall be documented and kept on file for the annual monitoring visit conducted by K/T AAA.
b. SNP Providers shall develop and have handouts, brochures, and/or signs available in languages other than English and posted in locations such as churches, community service locations, and small stores serving the minority communities.

3. Emergency Procedures
a. SNP Providers shall have a written Emergency/Disaster Plan. b. Each nutrition site shall have an evacuation plan posted identifying the emergency exits and assembly areas.
c. Staff must be knowledgeable of emergency procedures. d. Where feasible and appropriate, SNP Providers shall make arrangements for the availability of meals to participants during a major disaster, as defined in 42 U.S.C., Chapter 68, Section 5122(2). Such arrangements shall be included in the
Emergency/Disaster Plan.

4. Donations and Confidentiality
a. An eligible individual who receives a meal shall be given the opportunity to contribute to the cost of the meal. The established suggested donation amount is $2.50 per meal.
b. Guests will pay actual cost for a meal.
c. A sign indicating the suggested donation for eligible individuals and for guests shall be posted near the contribution container at each congregate meal site.
d. The SNP provider shall inform Home Delivered Meal clients of the opportunity to contribute donations, and shall maintain a process for collecting donations from them.
e. No eligible individual shall be denied participation because of failure or inability to contribute. This shall be posted in a visible location.
f. The SNP Provider shall ensure that the amount of the eligible participant’s contribution is kept confidential.

Kings/Tulare Area Agency on Aging 122 Agreement No: K/T AAA 25/26-05 g. The SNP Provider shall establish written procedures to protect contributions and fees from loss, mishandling, and theft (i.e.

Contribution/Donation Procedures). Such Procedures shall be kept on file for K/T AAA review.
h. All contributions and fees shall be identified as program income and used to increase the number of meals served, to facilitate access to such meals, and to provide nutrition-related supportive services.

5. “No Soliciting” Sign
a. The SNP Provider shall ensure that a “No Soliciting” sign is posted on the door leading to the congregate nutrition site. No soliciting of any kind is permitted on the premises during the lunch hours for services or goods promoted by businesses.

V. Nutritional Requirements and Meal Guidelines
The contractor will need to ensure that the meal provider vendors are meeting the following guidelines and requirements. The K/T AAA registered dietician will assist the contractor with this requirement.

Guidelines and Requirements
When planning meals, the Older American’s Act (Section 339), the California Daily Food Guide and the Dietary Guidelines for Americans (DGA) are to be considered.

In accordance with section 339 of the OOA, meals will comply with the most current Dietary Guidelines for Americans. Each meal shall provide a minimum of one-third (1/3) of the Dietary Reference Intakes (DRIs) if providing one meal per day, two-thirds of the DRI if providing two meals per day, and 100% of the DRIs if providing three meals per day.

The California Department of Aging has developed the “Older Californians Nutrition Program Menu Guidance” to include instruction in applying the Dietary Guidelines for Americans to Menu Planning.

Kings/Tulare Area Agency on Aging 123 Agreement No: K/T AAA 25/26-05 Title IIIC Meals must comply with the “Older Californians Nutrition Program Menu Guidance”, this guidance can currently be found at:
https://www.aging.ca.gov/download.ashx?lE0rcNUV0zZ%2fmnswDwFAig%3d%3d (link active as of 4/24/2025). Or the contractor may request a copy from the K/T AAA.

The “Older Californians Nutrition Program Menu Guidance” is subject to change compliance with all future changes and or updates is required.

General Menu Planning Requirements:

Providing nutritious meals is a fundamental goal of the OCNP. Nutritional adequacy in menu planning is of key importance since the meals represent a significant percentage of participants’ daily intake. According to research of OAA participants (Mabli et al. 2017), participants obtained about 40 percent of their daily caloric intake, as well as 35 to 47 percent of their daily nutrient intake, from the OAA Nutrition Program meals.

Meals incorporating the DRIs are nutritionally adequate; in other words, they have a low probability of nutrient inadequacy or excess. The DRIs ensure nutrient adequacy in menu planning, while the Dietary Guidelines provide recommendations for healthy eating patterns and food choices. Utilizing the Dietary Guidelines along with the DRIs in menu planning ensures that meals meet the nutrient needs of older adults in a healthy and enjoyable dietary pattern.

Nutritionally adequate meals can help improve the diets of older adults by increasing the consumption of fruits, vegetables, whole grains, dairy and by providing adequate protein. Nutritionally adequate meals also reduce the intake of added sugars, saturated fat, and sodium to help older adults achieve recommendations and manage and avoid chronic conditions. Providing nutrient-dense options within each food group and appropriate portion sizes is also important since the caloric needs of older adults decline with age.

A healthy dietary pattern includes:
• Vegetables of all types—dark green; red and orange; beans, peas, and lentils; starchy; and other vegetables
• Fruits, especially whole fruit
• Grains, at least half of the daily grains are whole grain • Dairy, including fat-free or low-fat milk, yogurt, and cheese, and/or lactose-free versions and fortified soy beverages and yogurt as alternatives • Protein foods, including lean meats, poultry, and eggs; seafood; beans, peas, and lentils; and nuts, seeds, and soy products
• Oils, including vegetable oils and oils in food, such as seafood and nuts A healthy dietary pattern limits:
• Added sugars to less than 10 percent of calories per day • Saturated fat to less than 10 percent of calories per day

Kings/Tulare Area Agency on Aging 124 Agreement No: K/T AAA 25/26-05 • Sodium to less than 2,300 milligrams per day
Special Nutrition Considerations
In addition to nutrients that are of concern for the general population, including calcium, vitamin D, potassium, and fiber, older adults have some special nutrition considerations.

Protein: Adequate protein intake is important for older adults to prevent the loss of lean muscle mass that occurs naturally with age. Provide at least 15 grams of protein per meal from the protein and dairy/soy alternatives food groups (refer to the Food Group section).

Vitamin B12: The ability to absorb vitamin B12 can decrease with age. Additionally, certain medications can decrease absorption. Vitamin B12 is found in foods of animal origin including tuna, salmon, beef, eggs, milk, yogurt, and cheese. B12 may also be added to some fortified foods such as breakfast cereals.

Beverages: It is important that older adults drink adequate fluids to prevent dehydration and aid in the digestion of food and absorption of nutrients. In addition to water, unsweetened fruit or vegetable juice, and low-fat or fat-free milk or fortified soy beverages help to increase fluid intake. Nutrition providers should encourage participants to drink water to promote adequate hydration and water must be readily accessible to participants during mealtimes.

Meal Requirements (Components)
In accordance with the OAA Section 339 and CCR Section 7638.5, the following requirements must be met for OCNP meals:
• Meals are in compliance with the most recent Dietary Guidelines and provide to each participating older individual:
o A minimum of one-third of the DRIs per meal if the program provides one meal per day.
o A minimum of two-thirds of the DRIs if the program provides two meals per day.
o 100 percent of the DRIs if the program provides three meals per day.

Kings/Tulare Area Agency on Aging 125 Agreement No: K/T AAA 25/26-05 • Food substitutions to originally planned meals are approved by a RD. • Menus meet the following requirements:
o are planned for a minimum of four weeks.
o are posted in a location easily seen by participants at meal sites and are provided to home-delivered meal participants.
o are legible and easy to read in the language of the majority of the participants.
o reflect cultural and ethnic dietary preferences of participants when feasible and appropriate.

TABLE 1 – Nutritional Goals Per Day and Per Meal for Target Nutrients Nutrient Source* Target Per Day Target Per Meal
Calories (Kcal) AMDR 1600 550-650
Protein (g)* RDA ≥ 46 ≥15 (from protein and
dairy/soy alternative groups)
Fat (% of total calories) ADMR 20-35% 20-35%
Saturated Fay (% of
total calories)
DGA ≤ 10% ≤ 10%
Fiber (gm) AI ≥ 22 ≥ 7 (weekly average)
Calcium (mg) RDA ≥ 1200 ≥ 400 (weekly average)
Magnesium (mg) RDA ≥ 320 ≥ 105 (weekly average)
Potassium (mg) AI ≥ 2600 ≥ 860 (weekly average) **
Sodium (mg) AI and CDRR ≤ 2300 ≤ 760 (weekly average)
Vitamin A (mcg
RAE***)
RDA ≥ 700 ≥ 233 (2 - 3 meals out of 5
meals per week)
Vitamin D (IU) RDA 600 200 (weekly average)
Vitamin C (mg) RDA ≥ 75 ≥ 25
Vitamin B12 (ug) RDA 2.4 0.8 (weekly average)
* AI = Adequate Intake, AMDR = Acceptable Macronutrient Distribution Range; CDRR = Chronic Disease Risk Reduction Level; DGA = Dietary Guidelines for Americans, 2020-2025; RDA = Recommended Dietary Allowance. ** Prior to 2019, the AI for K+ was 4700 (1565 per meal) but was updated in 2019 to 2600 (860/meal) for women and 3400 (1133 per meal) for men. Source:
https://www.nap.edu/read/25353/chapter/8#120 *** RAE = Retinol Activity Equivalents

Kings/Tulare Area Agency on Aging 126 Agreement No: K/T AAA 25/26-05 SCOPE OF WORK: TITLE III-D: HEALTH PROMOTION/DISEASE

MANAGEMENT
I. Program Goal
To support healthy lifestyles and promote healthy behaviors. Evidence-based disease prevention and health promotion programs reduce the need for more costly medical interventions. Priority is given to service elders living in medically underserved areas or who are of greatest economic need.

II. Unit of Service
One (1) contract is counted as one (1) Service Unit
III. Area To Be Served
Services must be provided within Kings County, based on demands of the target population.

IV. Scope of Service
A. Contractor must provide a minimum of one (1) Evidence based program that has either:
i. Been approved by the U.S. Department of Health and Human Services (DHHS).

Included below are links to the DHHS-approved evidence-based programs • Administration on Community Living’s (ACL), Aging and Disability Evidence-Based Programs and Practices.
http://www.acl.gov/Programs/CIP/OCASD/ADEPP/index.aspx
• Center for Disease Control and Prevention’s(CDC), Compendium of Effective Interventions.
http://www.cdc.gov/homeandrecreationalsafety/Falls/compendium.html • Substance Abuse and Mental Health Services Administration’s (SAMHSA), National Registry of Evidence-Based Programs and Practices. http://www.nrepp.samhsa.gov/
• NIH’s Cancer Control Evidence-Based Portal, Research-tested Intervention programs. http://rtips.cancer/rtips/index.do
ii. Meet all the five criteria listed below from the ACL definition of evidence based:
• Have demonstrated through evaluation that they are effective for improving the health and well-being or reducing the disability and/or injury among older adults.
• Have been proven effective with the older adult population, having used an Experimental or Quasi-Experimental Design.

Kings/Tulare Area Agency on Aging 127 Agreement No: K/T AAA 25/26-05 • Have research/evaluation results that have been published in a peer-reviewed journal.
• Have been implemented previously at the community level (with fidelity to the published research) and shown to be effective outside a research setting. • Includes program manuals, guides, and/or handouts that are available to the public.

V. Evidence-Based Services
Effective July 1, 2016, Title III D funds shall only be used for health promotion programs that comply with ACL’s new evidence-based standards.

The Contractor shall:

1. Provide one or more Title IIID evidence-based health promotion programs.

2. Provide Title IIID programs that meet ACLs evidence-based requirements through one of the two options.
a. Meets the requirements for ACL’s evidence-based definition; or b. Is considered to be an “evidence-based program” by any operation division of the U.S Department of Health and Human Services (HHS) and is shown to be effective and appropriate for older adults.

3. Ensure the fidelity of programs is maintained by adhering to the curriculum.

4. Offer Title III D services to eligible individuals 60 and older, and the spouse of eligible older individuals.

5. Ensure that an eligible individual is given the opportunity to voluntarily contribute to the cost of the service. Comply with provisions for voluntary contributions in Section 4.4 [OAA§325(b)]

Kings/Tulare Area Agency on Aging 128 Agreement No: K/T AAA 25/26-05

6. K/T AAA will monitor, on an ongoing basis, the Contractor’s use of federal and State funds through reporting, site visits, regular contact or other means to assure the Contractor administers federal and State awards in compliance with laws, regulation, and the provisions of contracts and that performance goals are achieved. K/T AAA will follow up and ensure that the Contractor takes timely and appropriate action on all deficiencies pertaining to the Federal programs detected through monitoring and onsite review. [CFR 75.352]. Onsite monitoring for Title III D programs must be conducted every other year at minimum. Onsite Fiscal monitoring must be conducted every two (2) years for Title III D programs.

7. K/T AAA will provide support and technical assistance to Contractor and respond in writing to all written requests for direction, guidance, and interpretation of instructions to include client and performance data.

SCOPE OF WORK: TITLE VII-B: ELDER ABUSE PREVENTION SERVICES I. Program Goal
To develop, strengthen, and carry out programs for the prevention, detection, assessment, and treatment of, intervention in, investigation of, and response to elder abuse, neglect, and exploitation (including financial exploitation) (42 U.S.C. 3058i, OAA Section 721).

For more information go to:
http://www.aoa.gov/AoA_programs/Elder_Rights/EA_Prevention/index.aspx II. Unit of Service
Elder Abuse Prevention Materials: One (1) product is counted as one (1) Service Unit Community Education /Training: One (1) session is counted as one (1) Service Unit III. Area To Be Served
Services must be provided within Kings County, based on demands of the targeted population.

IV. Scope of Service
A. Elder Abuse Prevention Materials

8. Educational materials and guidance kits distributed for the prevention, detection, assessment, and treatment of, intervention in, investigation of, and response to elder abuse, neglect and exploitation (including financial exploitation).

B. Community Education/Advocacy/Training

1. Public education and outreach to identify and prevent elder abuse, neglect, and exploitation.

Kings/Tulare Area Agency on Aging 129 Agreement No: K/T AAA 25/26-05

2. Public education and outreach to promote financial literacy and prevent identity theft and financial exploitation of older individuals

3. Training for individuals, including caregivers described in part E of Title III, professionals, and paraprofessionals, in relevant fields on the identification, prevention, and treatment of elder abuse, neglect, and exploitation.

SCOPE OF WORK: TITLE III-E: FAMILY CAREGIVER SUPPORT PROGRAM

FAMILY CAREGIVER INFORMATION SERVICES
I. Program Goal
To increase awareness of available services for caregivers of seniors 60 years of age and older, or individuals of any age with Alzheimer’s disease and related disorders.

For more information go to:
http://www.aoa.gov/aoa_programs/hcltc/caregiver/index.aspx II. Unit of Service
One (1) activity is counted as one (1) Service Unit
III. Area To Be Served
Services must be provided within Kings County, based on demands of the targeted population.

IV. Program Description – Information Services
A. Public Information on Caregiving: Providing information about available FCSP and other caregiver support resources and services by disseminating publications, conducting media campaigns, and maintaining electronic information systems (e.g., quarterly newsletter).

B. Community Education on Caregiving: Educating groups of current or potential caregivers and those who may provide them with assistance about available FCSP and other caregiver support resources and services (e.g., booth at a health fair).

FAMILY CAREGIVER ACCESS ASSISTANCE
I. Program Goal
To assist caregivers of seniors 60 years of age and older, or individuals of any age with Alzheimer’s disease and related disorders in gaining access to available services.

For more information go to:
http://www.aoa.gov/aoa_programs/hcltc/caregiver/index.aspx

Kings/Tulare Area Agency on Aging 130 Agreement No: K/T AAA 25/26-05 II. Unit of Service
One (1) contact is counted as one (1) Service Unit
III. Area To Be Served
Services must be provided within Kings County, based on demands of the targeted population.

IV. Program Description – Access Assistance
A. Caregiver Outreach: Initiating one-on-one contacts with individuals to identify caregivers and encourage their use of existing caregiver support services (e.g., Caregiver InfoVan staff contacts outside of local market).

B. Caregiving Information and Assistance: (1) Providing caregivers with information on services available within the communities, including caregiving information related to assistive technology and caring for older individuals at risk for institutional placement. (2) Linking caregivers to the services and opportunities that are available within the communities. (3) To the maximum extent practicable, establishing adequate follow-up procedures (caregiver may remain anonymous and refuse follow-up contact).

C. Caregiver Interpretation / Translation: Providing bilingual communication assistance to a caregiver in order to access assistance and receive support for his or her caregiving responsibilities (e.g., staff interpreting dialogue between caregiver and care consultant staff translating an elder’s prescription drug label for his caregiver).

D. Caregiver Legal Resources: One-to-one guidance provided by an attorney (or person under the supervision of an attorney) in the use of legal resources and services when assisting a caregiver with caregiving-related legal issues.

FAMILY CAREGIVER SUPPORT SERVICES
I. Program Goal
To provide caregivers of seniors 60 years of age and older, or individuals of any age with Alzheimer’s disease and related disorders with counseling, peer support groups and training to help them better cope with the stresses of caregiving.

For more information go to:
http://www.aoa.gov/aoa_programs/hcltc/caregiver/index.aspx II. Unit of Service
One (1) hour is counted as one (1) Service Unit
III. Area To Be Served
Services must be provided within Kings County, based on demands of the targeted population.

Kings/Tulare Area Agency on Aging 131 Agreement No: K/T AAA 25/26-05 IV. Program Description – Support Services
A. Caregiver Assessment: Conducted by persons trained and experienced in the skills required to deliver the service that should result in a plan that includes emergency back-up provisions and is periodically updated; and will explore options and courses of action for caregivers by identifying their: (1) willingness to provide care; (2) duration and care frequency preferences; (3) caregiving abilities; (4) physical health, psychological, social support, and training needs; (5) financial resources relative for caregiving; and (6) strengths and weaknesses within the immediate caregiving environment and (caregiver’s) extended informal support system.

B. Caregiver Counseling: Provided to a caregiver by a person appropriately trained and experienced in the skills required to deliver the level of support needed for stress, depression, and loss as a result of caregiving responsibilities. This service (1) may involve his or her informal support system; (2) may be individual direct sessions and/or telephone consultations; and (3) may address caregiving-related financial and long-term care placement responsibilities.

C. Caregiver Peer Counseling: Provided by experienced volunteers on the condition that appropriate training and qualified supervision protocols are in place.

D. Caregiver Support Group: Provided to a group of 3 – 12 caregivers that is led by a competent facilitator; conducted at least monthly within a supportive setting or via a controlled access, moderated online or teleconference approach; for the purpose of sharing experiences and ideas to ease the stress of caregiving, and to improve decision-making and problem-solving skills related to their caregiving responsibilities.

E. Caregiver Training: Workshops or one-on-one individually tailored sessions, conducted either in person or electronically by a skilled and knowledgeable individual, to assist caregivers in developing the skills and gaining the knowledge necessary to fulfill their caregiving responsibilities; and address the areas of health, nutrition, and financial literacy.

F. Caregiver Case Management: Provided by a person who is trained and experienced in the skills that are required to coordinate and monitor the provision of formal caregiver-related services in circumstances where caregivers are experiencing diminished capacities due to mental impairment or temporary severe stress and/or depression.

Kings/Tulare Area Agency on Aging 132 Agreement No: K/T AAA 25/26-05

FAMILY CAREGIVER RESPITE CARE
I. Program Goal
To provide temporary relief to caregivers of seniors 60 years of age and older, or individuals of any age with Alzheimer’s disease and related disorders II. Unit of Service
One (1) hour is counted as one (1) Service Unit
III. Area To Be Served
Services must be provided within Kings County, based on demands of the targeted population.

IV. Program Description – Respite Care
A. Caregiver Respite In-Home Supervision: Providing care receiver day and/or overnight supervision and friendly visiting by an appropriately skilled provider or volunteer in order to prevent wandering and health or safety incidents.

B. Caregiver Respite Homemaker Assistance: Providing care receiver assistance with meal preparation, medication management, using the phone, and or light housework (along with care receiver supervision) by an appropriately skilled provider or volunteer.

C. Caregiver Respite In-Home Personal Care: Providing care receiver assistance with eating, bathing, toileting, transferring, and or dressing (along with care receiver supervision and related homemaker assistance) by an appropriately skilled provider.

D. Caregiver Respite Home Chore: An appropriately skilled provider or volunteer assisting a caregiver with heavy housework, yard work, and or sidewalk and other routine home maintenance (but not structural repairs) associated with caregiving responsibilities.

E. Caregiver Respite Out-of-Home Day Care: The care receiver attends a supervised/protective, congregate setting during some portion of a day, and includes access to social and recreational activities.

F. Caregiver Respite Out-of-Home Overnight Care: The care receiver is temporarily placed in a supervised/protective, residential setting for one or more nights, and may include access to nursing and personal care.

Kings/Tulare Area Agency on Aging 133 Agreement No: K/T AAA 25/26-05 EXHIBIT H: CULTURAL COMPETENCE AND DIVERSITY
The CONTRACTOR is encouraged to support Tulare County Health and Human Services Agency in the journey to work effectively across and among all cultures. It is the desire of HHSA that services be sensitive to the diversity of the community served, including but not limited to ethnic, linguistic, sexual and cultural characteristics. Sensitivity includes acceptance and respect for the cultural values, beliefs and practices of the community, as well as the ability to apply an understanding of the relationships of language and culture to the delivery of supports and services.

CONTRACTOR and K/T AAA agree that:
• Cultural competence is the integration and transformation of knowledge about individuals and groups of people into specific standards, policies, practices, and attitudes used in appropriate cultural settings to increase the quality of services, thereby producing better outcomes. Competence in cross-cultural functioning means learning new patterns of behavior and effectively applying them in appropriate settings.

CONTRACTOR will strive to:
• Ensure that agents, employees or officers providing services are sensitive to the ethnic, linguistic, sexual and cultural diversity of the community served. Sensitivity includes acceptance and respect for the cultural values, beliefs and practices of the community, as well as the ability to apply an understanding of the relationships of language and culture to the delivery of supports and services.
• Assure equal access for people with diverse cultural backgrounds and/or limited English proficiency. Limited English Proficiency includes literacy issues: those who cannot either read or write in any language.

FY 2025-2026
AGREEMENT NO: NM 25/26-05
CONTRACTOR: City of Tulare

Kings/Tulare Area Agency on Aging 2 Agreement No: NM 25/26-05

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

ACCORDINGLY, IT IS AGREED:

1. TERM: This Agreement shall become effective as of May 1, 2025, and shall terminate on March 31, 2026. No obligations may be incurred after March 31, 2026.

7. CONTRACT AWARD AND UNITS OF SERVICE: Contractor shall be paid an amount not to exceed SEVENTY FOUR THOUSAND TWO HUNDRED FOURTY-FOUR dollars ($74,244) for service categories and contracted service units that shall include, without limitation, those services as per Exhibit F, entitled Contracted Award and Units of Service, which exhibit is made part of this Agreement by reference.

Kings/Tulare Area Agency on Aging 3 Agreement No: NM 25/26-05

10. 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 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.

12. INDEPENDENT CONTRACTOR STATUS:

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.

Kings/Tulare Area Agency on Aging 4 Agreement No: NM 25/26-05

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 the Contractor to assure compliance with this Agreement.

15. 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.

16. NOTICES:

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

Kings/Tulare Area Agency on Aging 5 Agreement No: NM 25/26-05 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.

17. 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.

18. 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.

19. 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.

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

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

Kings/Tulare Area Agency on Aging 6 Agreement No: NM 25/26-05

26. 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.

27. 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.

28. 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.

29. 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 THOUSAND DOLLARS ($5,000.00), 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.

Kings/Tulare Area Agency on Aging 7 Agreement No: NM 25/26-05

30. CONFLICT OF INTEREST:

1. 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.

2. 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.

31. 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.

Kings/Tulare Area Agency on Aging 8 Agreement No: NM 25/26-05 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.

32. 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.

33. 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.

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

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

36. 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:
http://www.documents.dgs.ca.gov/pd/traffic/wsca/participatingaddendum/UPSGTC610.pdf

Kings/Tulare Area Agency on Aging 9 Agreement No: NM 25/26-05 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_____________________ 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.

Kings/Tulare Area Agency on Aging 10 Agreement No: NM 25/26-05 Exhibits – Table of Contents
EXHIBIT A: GENERAL SCOPE OF WORK ............................................................................ 12 ARTICLE I. DEFINITIONS .................................................................................................... 12 ARTICLE II. SCOPE OF WORK ............................................................................................ 17 ARTICLE III. REPORTING REQUIREMENTS .................................................................... 26 EXHIBIT B: BUDGET DETAIL, PAYMENT PROVISIONS, AND CLOSEOUT................. 27 ARTICLE I. FUNDS ................................................................................................................ 27 ARTICLE II. BUDGET AND BUDGET REVISION ............................................................. 30 ARTICLE III. PROGRAM SPECIFIC BUDGET AND BUDGET REVISION.................... 32 ARTICLE IV. PAYMENTS.................................................................................................... 33 ARTICLE V. CLOSEOUT....................................................................................................... 33 EXHIBIT C: SPECIAL TERMS AND CONDITIONS .............................................................. 34 ARTICLE I. DEFINITIONS AND RESOLUTIONS OF LANGUAGE CONFLICTS ......... 34 ARTICLE II. ASSURANCES.................................................................................................. 36 ARTICLE III. AGREEMENT.................................................................................................. 42 ARTICLE IV. COMMENCEMENT OF WORK..................................................................... 42 ARTICLE V. SUBCONTRACTS ............................................................................................ 42 ARTICLE VI. RECORDS........................................................................................................ 44 ARTICLE VII. PROPERTY..................................................................................................... 45 ARTICLE VIII. ACCESS......................................................................................................... 48 ARTICLE IX. MONITORINGAND EVALUATION............................................................. 48 ARTICLE X. AUDIT REQUIREMENTS ............................................................................... 49 ARTICLE XI. INSURANCE ................................................................................................... 54 ARTICLE XII. TERMINATION ............................................................................................. 57 ARTICLE XIII. REMEDIES.................................................................................................... 59 ARTICLE XIV. DISSOLUTION OF ENTITY ....................................................................... 59 ARTICLE XV. AMENDMENTS, REVISIONS OR MODIFICATIONS............................... 59 ARTICLE XVI. NOTICES....................................................................................................... 60 ARTICLE XVII. K/T AAA CONTACT.................................................................................. 60 ARTICLE XVIII. INFORMATION INTEGRITY AND SECURITY .................................... 61 ARTICLE XIX. COPYRIGHTS AND RIGHTS IN DATA.................................................... 64 ARTICLE XX. BILINGUAL AND LINGUISTIC PROGRAM SERVICES ......................... 65 EXHIBIT D: ADDITIONAL PROVISIONS ............................................................................... 68 ARTICLE I. ASSURANCES SPECIFIC TO THIS AGREEMENT ....................................... 68 ARTICLE II. REPORTING PROVISIONS............................................................................. 72 ARTICLE III. APPEAL PROCESS......................................................................................... 75 ARTICLE IV. TRANSITION PLAN....................................................................................... 75 EXHIBIT E: HIPAA REQUIREMENT...................................................................................... 77 EXHIBIT F: CONTRACT AWARD AND UNITS OF SERVICE ............................................ 80

Kings/Tulare Area Agency on Aging 11 Agreement No: NM 25/26-05 EXHIBIT G: PROGRAM SCOPE OF WORK........................................................................... 81 SCOPE OF WORK: TITLE III-C: SENIOR NUTRITION SERVICES ................................ 81 EXHIBIT H: CULTURAL COMPETENCE AND DIVERSITY................................................ 97

Kings/Tulare Area Agency on Aging 12 Agreement No: NM 25/26-05 EXHIBIT A: GENERAL SCOPE OF WORK
ARTICLE I. DEFINITIONS
A. DEFINITIONS SPECIFIC TO BROWN BAG

1. Brown Bag means a program that provides both surplus and donated edible fruits, vegetables, and other unsold food products to older individuals with low income.

2. Eligible Participant means an older adult 60 years of age and older with income at or below 185% of the Federal Poverty Level.

3. Low Income means income below 185% of the Federal Poverty Level.

B. DEFINITIONS SPECIFIC TO GROCERIES

1. Groceries means assistance to Older Americans Act (OAA) participants in the form of food items.

C. DEFINITIONS SPECIFIC TO 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 California Code of Regulations (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.

Kings/Tulare Area Agency on Aging 13 Agreement No: NM 25/26-05 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 7638.7(b); and OAA 339(H)]
b. Individuals eligible to receive a home-delivered meal are individuals who are:
i. Frail as defined by 22 CCR 7119, homebound by reason of illness or disability, or otherwise isolated. (These individuals shall be given priority in the delivery of services.) [45 Code of Federal Regulations (CFR) 1321.69(a)].
ii. A spouse of a person defined in 22 CCR 7638. 7(c)(2), regardless of age or condition, if an assessment concludes that is in the best interest of the homebound older individual. iii. An individual with 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 adults' 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 III C-1 (Congregate Nutrition Services) means nutrition services for older individuals in a congregate setting. Services include meals, nutrition education, nutrition risk screening, and opportunities for socialization. Each meal shall provide one-third (1/3) of the Dietary Reference Intakes (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 the following criteria: [22 CCR 7638.7(a)]

Kings/Tulare Area Agency on Aging 14 Agreement No: NM 25/26-05 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 III C-2 (Home-Delivered Nutrition Services) means nutrition services provided to frail, homebound, or isolated older individuals including meals, nutrition education, and nutrition risk screening. Each meal shall provide onethird (1 /3) of the ORI and comply with the most current DGA. [22 CCR 7135, 22 CCR 7638.7(c)]
D. DEFINITIONS SPECIFIC TO NUTRITION INFRASTRUCTURE

1. Nutrition Infrastructure means the capacity and infrastructure improvements for the OCNP including purchasing, upgrading, or refurbishing infrastructure for the production and distribution of OCNP meals.

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

E. DEFINITIONS SPECIFIC TO TITLE III C-1 AND C-2 MEALS (INCLUDES TO-GO

AND RESTAURANT OPTION MEALS)

1. 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

Kings/Tulare Area Agency on Aging 15 Agreement No: NM 25/26-05 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 7638.7(b); and OAA 339(H)]
b. Individuals eligible to receive a home-delivered meal are individuals who are:
i. Frail as defined by 22 CCR 7119, homebound by reason of illness or disability, or otherwise isolated. (These individuals shall be given priority in the delivery of services.) [45 Code of Federal Regulations (CFR) 1321.69(a)].
ii. A spouse of a person defined in 22 CCR 7638.7(c)(2), regardless of age or condition, if an assessment concludes that is in the best interest of the homebound older individual. iii. An individual with 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.

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

3. Restaurant Option (RO) means an Older Californians Nutrition Program meal option providing older adults with vouchers for meals at licensed foodservice establishments such as restaurants, cafes, food trucks, and grocery stores with hot and/or cold meals. AAAs and/or nutrition providers contract with foodservice establishments to provide meals.

4. Restaurant Voucher means paper or electronic system that Title Ill C-1 participants exchange for meals at designated restaurants.

Kings/Tulare Area Agency on Aging 16 Agreement No: NM 25/26-05

5. Title III C-1 (Congregate Nutrition Services) means nutrition services for older individuals in a congregate setting. Services include meals, nutrition education, nutrition risk screening, and opportunities for socialization. Each meal shall provide one-third
(1 /3) of the Dietary Reference Intakes (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 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)]

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

7. Go-To Meals means meals that are picked up by clients (or client's agent) or delivered to clients who are not comfortable dining in a congregate meal setting.
a. C-1: To-Go meals are categorized as C-1 meals if they are consumed onsite and include in-person interaction (e.g., dining at congregate site such as restaurant, food truck, etc. or one-on-one with program volunteer) or consumed offsite and include virtual interaction (e.g., group interaction via Zoom, Face Time, etc. or one-on-one with program volunteer via telephone) during the meal. b. C-2: To-Go meals are categorized as C-2 meals if they are consumed offsite without in-person or virtual interaction.

Kings/Tulare Area Agency on Aging 17 Agreement No: NM 25/26-05 ARTICLE II. SCOPE OF WORK
A. Specific to Brown Bag

1. The Contractor shall
a. Use funds to provide both surplus and donated edible fruits, vegetables, and other unsold food products to low-income older adults on a regular basis.
b. Comply with the California Retail Food Code (CRFC).
c. Obtain surplus food products for distribution in two ways:
i. Food gleaned by volunteers and/or
ii. Food donated by farmers, growers, food manufacturers, retail food stores, etc.
d. Utilize volunteers and/or staff to glean, collect, sort, transport, and deliver food.
e. Operate at least one Brown Bag food distribution site and establish a schedule to maintain distribution of food on a regular basis. f. Utilize an enrollment application to enroll new Brown Bag program participants.
g. Have procedures to protect the confidentiality and privacy of client information.
h. Surplus produce may be bruised, too ripe, etc. and is not considered of resale quality, yet is still safe for consumption. Surplus processed foods may result from manufacturer over runs, excess inventories, or items close to "best by" date or expiration date.
i. Provide a variety of produce and other food products with nutritional value to supplement the diets of older individuals. Such foods include:
i. Fresh or frozen fruits and vegetables
ii. Breads, cereals, rice, beans, and pasta products
iii. Processed foods such as frozen entrees, and canned mixed dishes

Kings/Tulare Area Agency on Aging 18 Agreement No: NM 25/26-05 j. The frequent distribution of dessert type items such as pastries, cookies, and cakes should be avoided.

2. The Contractor shall not:
a. Solicit voluntary contributions because services are provided to individuals at or below 185% of the Federal Poverty Level. b. Charge fees are for the distribution or receipt of the food, regardless of delivery method.

B. Specific to Groceries

3. The Contractor shall:
a. Use funds to provide groceries to OAA participants. Potential scenarios include:
i. Clients living in rural areas with limited access to grocery stores. ii. During emergencies when meals may not be available, or clients are unable to obtain other food.
iii. Clients with dietary restrictions that prevent them from consuming the majority of OCNP meals.
iv. Provide liquid nutrition supplements (e.g., Ensure, Boost, etc.) to clients at high risk for malnutrition as determined by physician or Registered Dietitian.
b. Provide groceries that may be delivered to participants or picked up by participants at a designated site, such as a congregate meal site. c. Evaluate the availability of similar services in the community to avoid duplication of services. Similar services include but are not limited to food bank services, Brown Bag program, and Commodity Supplemental Food Program.
d. Evaluate clients prior to grocery services for:
i. ability to store and prepare meals from groceries provided. ii. use of other federal food assistance programs to ensure there is not duplication of services.

Kings/Tulare Area Agency on Aging 19 Agreement No: NM 25/26-05 e. Provide groceries consisting of food items only. There are no requirements for the amount or types of food offered as groceries. Groceries should be appropriate for the older adult population, such as produce, whole grains products, low fat dairy products, lean proteins, and lower sodium products. f. Gift cards for groceries are not allowable and may not be used.

C. Specific to Intergenerational Activities

1. The Contractor shall:
a. Provide meals in accordance with the OAA and California Code of Regulations (CCR).
b. Promote and maintain high standards of food safety and sanitation as required by the California Retail Food Code.
c. 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:
i. Development or maintenance of partnerships and collaborative efforts with programs serving children to foster intergenerational connections between older adults and children.
ii. Planning, development, or implementation of shared sites with programs serving meals to children to promote intergenerational meal programs.
iii. Planning, development, or implementation of intergenerational cooking demonstrations or classes.
iv. Planning, development, or implementation of shared garden site and intergenerational gardening activities.
v. Virtual or in-person intergenerational social activities related to the C-1 or C-2 program.
vi. Virtual or in-person adult lunch companion for C-2 participants. d. Use funding to provide meals for participants and activities that support intergenerational connections, however, funding may not supplant funds that would otherwise be available for other nutrition programs.

Kings/Tulare Area Agency on Aging 20 Agreement No: NM 25/26-05 D. Specific Nutrition Infrastructure

1. The Contractor shall:
a. Use funds for nutrition infrastructure only in FY 23/24 (term to spend funds: 1/1/24 - 3/31/26).
b. Use funds for nutrition infrastructure only for OCNP service providers. c. Use funds for capacity and infrastructure improvements for the OCNP including purchasing, upgrading, or refurbishing infrastructure for the production and distribution of OCNP congregate or home-delivered meals, including but not limited to:
i. Production-scale commercial kitchens. Examples include commercial grade equipment such as ovens, stoves, steamers, and mixers.
ii. Warming, refrigeration, or freezer capacity and equipment.

Examples include refrigerators and freezers, hot holding equipment, insulated food delivery bags, and steam tables. iii. Food delivery vehicles. Examples include cars/trucks/vans, and temperature-controlled vehicles.
iv. Improvements and equipment to expand capacity for providers of meals. Examples include:

1. Food/meal packing equipment, dishwashers, 3-
compartment sinks, prep tables, steam tables, and salad bars.

2. Refurbishments including repair or replacement of
damaged and/or deteriorated flooring and/or repair of
damaged wall surfaces in areas where food is prepared,
packaged, stored, served, or areas where kitchenware are washed and stored. Examples include installing new floor coverings or painting kitchen walls. Note: AAAs must
verify flooring or painting is not covered under a building lease prior to requesting use of infrastructure funding for this purpose and the AAA must maintain documentation in case of monitoring or audit.

3. Energy efficient light fixtures in kitchen or congregate meal service areas.

Kings/Tulare Area Agency on Aging 21 Agreement No: NM 25/26-05

4. Installation costs (labor/materials) for allowable
improvements and equipment.

5. Furniture, including table and chairs, for congregate meal service areas.
v. Technological infrastructure to support the OCNP. Examples include:

1. Software. Examples include software for menu planning, meal tracking, surveying clients, C-2 initial/annual
assessments and quarterly eligibility reassessments, and monitoring client health outcomes.

2. Hardware. Examples include tablets to support C-2 staff for home assessments or to support C-1 staff for the virtual group interaction component for C-1 To-Go meals; mobile phones to support C-2 drivers for meal delivery. Other
examples include computing devices, workstations, servers, laptops, and notebook computers.

2. The Contractor shall not:
a. Use funding to make additions, improvements, modifications, replacements, rearrangements, reinstallations, renovations, or alterations to capital assets that materially increase their value or useful life. This includes any equipment that is permanently affixed to a building such as non-portable generators, walk-in refrigerators, and walk-in freezers.

3. The Contractor shall submit the following information to CDA prior to purchasing:
a. A list of all planned equipment expenditures, including the item, cost, and the entity and the site receiving funding.
b. Completion of Equipment Request form for all planned capital expenditures that are not included on the Title IIIC Capital Expenditure Approved List, including all vehicles and technological or data system infrastructure expenses.
c. For all planned repairs or replacement of damaged and/or deteriorated flooring and/or repair of damaged wall surfaces, include a description of the project, the entity and site, estimated costs, and verification that flooring and/or painting is not covered under a building lease.

Kings/Tulare Area Agency on Aging 22 Agreement No: NM 25/26-05

4. The Contractor shall track equipment purchased by the AAAs and their subcontractors on the CDA 9024 form.

E. Specific to Title III C-1 and C-2 meals (Includes To-Go and Restaurant Option Meals)

1. General requirements for Title Ill C-1 and C-2 meals:
a. The Contractor shall:
i. Provide meals in accordance with the OAA and California Code of Regulations (CCR).
ii. Provide meals that follow the current Dietary Guidelines for Americans (DGA) and provide one-third of the Dietary Reference Intakes (ORI) in each meal as documented in Older Californians Nutrition Program.
iii. Meet food safety and sanitation standards as required by the California Retail Food Code.
iv. Quarterly monitor food facilities for safe food handling and sanitation practices.

2. Requirements for Title Ill C-1 To-Go Meals:
a. The Contractor shall meet the following criteria for Title Ill C-1 To-Go Meals:
i. For C-1 To-Go meals that are consumed onsite:

1. At least a portion of the meal is consumed in a congregate setting. Congregate settings include indoors (restaurants, grocery stores, etc.) or outdoors (parks, picnics, food trucks, festivals, events, tailgate parties, etc.).
ii. For C-1 To-Go meals that are consumed offsite:

1. Meal is picked up by the client (or representative) or delivered to the client.

2. In-person or virtual interaction is included with the meal.

Examples include:
a) In-person group dining at a congregate site such as
a restaurant, park, food truck, etc.)

Kings/Tulare Area Agency on Aging 23 Agreement No: NM 25/26-05 b) In-person, one-on-one interaction during the meal
with program volunteer.
c) Virtual group interaction scheduled by the nutrition provider such as nutrition education, virtual
museum or travel tours, or group chat on virtual
platforms such as Google Meet, Zoom, Face Time,
or similar applications that offer live interaction
with participants.
d) Virtual one-on-one interaction during the meal
arranged by the nutrition provider via telephone or
virtual platform (Zoom, FaceTime, etc.).

3. The sign-in procedure includes confirmation that the client intends to participate in the virtual group interaction. The meal is considered a C-1 meal if the client confirms their intent to join the virtual activity. The meal is considered a C-2 meal if the client does not confirm their intent to join the virtual activity.

4. The service provider is responsible for tracking
confirmation of planned attendance; however, the provider is not responsible for verifying the client attends the virtual activity.

3. Requirements for Title Ill C-2 To-Go Meals:
a. The Contractor shall:
i. Meet the following criteria for Title Ill C-2 To-Go Meals:

1. Meal is picked up by the client (or client's agent) or delivered by the provider to the client.

2. Meal is consumed off-site (i.e., not in a congregate setting).

3. Participation in in-person or virtual interaction with the meal is declined or is not available.

Kings/Tulare Area Agency on Aging 24 Agreement No: NM 25/26-05 ii. Complete initial assessments for all new C-2 clients within 2 weeks of the start of service.

1. The CCR 7638.3(a)(2) requirement for initial assessments to be conducted "in the home" does not apply if meals are picked up rather than home-delivered; assessments may be completed in person at the time of meal pick-up or via
telephone. If meals are home-delivered by the provider, the initial assessment must be conducted in the home.
iii. Complete quarterly eligibility reassessments for all C-2 clients.

1. The CCR 7638.3(a)(4) requirement for quarterly eligibility reassessments to be conducted "in the home" every other quarter does not apply if meals are picked up rather than home-delivered by the provider and may be done in-person at the time of meal pick up or by phone. If meals are homedelivered, the quarterly eligibility reassessments must be conducted in the home every other quarter.
iv. Establish a wait list and a prioritization policy as per CCR 7638.3(c) if unable to serve all eligible individuals.

4. Requirements for Restaurant Option Meals:
a. The Contractor shall:
i. Provide meal services through either model:

1. Designated mealtime; program staff or volunteer present.

2. Unrestricted mealtime; program staff/volunteer not present. ii. Provide eligible clients with vouchers (paper or electronic) to be exchanged for meals at designated restaurants.
iii. Provide clients with the opportunity to voluntarily contribute toward the cost of the service either on-site if program staff/volunteer is present or by mailing a monthly/quarterly voluntary contribution letter to clients if program staff/volunteer is not present during mealtime.

Kings/Tulare Area Agency on Aging 25 Agreement No: NM 25/26-05 b. Procurement:
i. Small contracts (under $100,000 in the aggregate) do not require a competitive process as per CCR 7352(9): In the case of small contracts, not over $100,000 in the aggregate, an AAA need only obtain price or rate quotations from a number of qualified sources and informally select the source with which to contract or obtain the purchase.
ii. Contracts over $100,000 in the aggregate for any RO entity must follow a competitive process as outlined in CCR 7352.
c. Pre-Award Review:
i. For small contracts (under $100,000 in the aggregate) to a forprofit RO entity:

1. The contractor submits the following to K/T AAA for
review and approval:
a) Documentation that the aggregate value of the
contract with any given RO entity is less than
$100,000.
b) Copies of the price or rate quotations received from qualified sources.

2. K/T AAA will provide a determination letter within 30 days of receipt of all required documentation confirming that the contractor has satisfied the requirements of a noncompetitive award to a for-profit RO entity or will
provide detail as to the requirement(s) that have not been met.

3. The contractor must maintain all documentation on file that supports a noncompetitive award to a for-profit RO entity, as well as K/T AAA's determination letter.
ii. For contracts over $100,000 in the aggregate for any RO entity:

1. Follow requirements in CCR 7362 Pre-Award Review.

Kings/Tulare Area Agency on Aging 26 Agreement No: NM 25/26-05 ARTICLE III. REPORTING REQUIREMENTS
A. Specific to Brown Bag

1. The Contractor shall report the following information monthly to K/T AAA. a. Service units (one service unit is one bag of groceries provided to eligible individual).
b. Unduplicated client count.

B. Specific to Groceries

1. The Contractor shall report the following information monthly to K/T AAA. a. Service units (one service unit is one grocery delivery, regardless of number of bags provided).
b. Estimated unduplicated client count.

2. Groceries and liquid nutrition supplements (e.g., Ensure, Boost, etc.) cannot be counted toward Title IIIC meal counts or NSIP meal counts.

C. Specific to Intergenerational Activities

1. The Contractor shall report the following information monthly to K/T AAA. a. The service units (meals) and estimated unduplicated client count for OCNP clients.
b. The service units (meals) and estimated participant count for participants under age 60.
c. The service units (intergenerational activities) and estimated unduplicated client count for OCNP clients.
d. The service units (intergenerational activities) and estimated participant count for participants under age 60.
e. A quarterly narrative report describing intergenerational activities, demographics of participants of intergenerational activities, and successes and challenges with intergenerational activities.

Kings/Tulare Area Agency on Aging 27 Agreement No: NM 25/26-05 D. Specific to Title Ill C-1 and C-2 Meals (includes To-Go and Restaurant Option Meals).

1. The Contractor shall report the following information monthly to K/T AAA. a. Title Ill C-1: To-Go meals that include in-person or virtual interaction with the meal:
i. Report as C-1 meals and unduplicated C-1 clients.
b. Title Ill C-2: To-Go meals that are consumed offsite without in-person or virtual interaction during the meal:
i. Report as C-2 meals and unduplicated C-2 clients.

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. Travel and per diem shall be at rates not to exceed those amounts paid by the State in accordance with 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/travelreimbursements.aspx Out of State:
• http://hrmanual.calhr.ca.gov/Home/M anualItem/1/2201

Kings/Tulare Area Agency on Aging 28 Agreement No: NM 25/26-05 This is not to be construed as limiting the Contractor from paying any differences in costs, from funds other than those provided by CDA, between the CalHR rates and any rates the Contractor is obligated to pay under other contractual agreements. No travel outside the state of California shall be reimbursed unless prior written authorization is obtained from the State. [SCM 3.17.2.A(4)] The Contractor agrees to include these requirements in all 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

Kings/Tulare Area Agency on Aging 29 Agreement No: NM 25/26-05 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

Kings/Tulare Area Agency on Aging 30 Agreement No: NM 25/26-05 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.

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. .

1. Personnel Costs – annual FTE wage rates and 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. Staff Travel – mileage reimbursement, lodging, per diem and other travel costs, specified for each fund source.

4. Staff Training – attendance cost for necessary training, specified for each fund source.

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

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

7. Vendor/Consultant Agreements – specified for each fund source.

8. Food – used in delivering congregate and home delivered meals.

9. Other – Facilities and other ordinary and necessary costs specified for each fund source.

Kings/Tulare Area Agency on Aging 31 Agreement No: NM 25/26-05

10. Allocated Direct Costs – required submission of a Direct Cost Allocation plan for prior approval.

11. Subrecipient Contractor Services - summary costs for subcontracted programs specified for each fund source.

12. Indirect Costs.

C. The Contractor shall submit a budget, which shall be incorporated by reference into the Contract and will have at a minimum, the categories listed in section B above.

D. Indirect Costs

1. The maximum reimbursement amount allowable for indirect costs is ten percent (10%) of the modified total direct costs, excluding in-kind contributions and nonexpendable equipment unless there is an accepted negotiated rate accepted by all Federal awarding agencies. [2 CFR 200.414(c)(1),(f)] [ 45 CFR

75.414(c)(1),(f)]

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

3. Indirect costs exceeding 10 percent (10%) maximum may be budgeted as in-kind for the purpose of meeting the minimum matching requirements. Contractors must receive prior approval prior to budgeting the excess indirect cost as in-kind.

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

5. Contractor agrees to include the above requirement in all contracts it enters with subcontractors/vendors to provide services pursuant to the Agreement.

Kings/Tulare Area Agency on Aging 32 Agreement No: NM 25/26-05 ARTICLE III. PROGRAM SPECIFIC BUDGET AND BUDGET REVISION A. The Contractor shall submit electronically the original budget in the format provided by the K/T AAA by the due date specified by the K/T AAA.

C. Line-Item Transfers
The Contractor may transfer contract funds between line items under the following terms and conditions:

1. Transfers must be approved in advance by the K/TAAA.

2. The Contractor shall submit a revised budget to the K/T AAA when one or the cumulative line-item budget transfer exceeds ten percent (10%) of the total budget for each funding source.

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

D. Allocation Transfers

2. Approved transfers and budgets will be incorporated by reference into the current Agreement.

3. Transfer of funds cannot be processed or approved after the end of the specified contract period.

Kings/Tulare Area Agency on Aging 33 Agreement No: NM 25/26-05 E. Matching Requirements

1. No match is required under the terms and conditions of this Agreement.

B. Funds shall be requested in the month following the month of reported services and expenditures.

C. The K/T AAA shall review requests for payment to ensure consistency with the approved budget and service units reported.

E. Advance payments will not be made.

ARTICLE V. CLOSEOUT
A. A Financial Closeout Report and Report of Property Purchased with Agreement Funds shall be submitted annually to the K/T AAA. All reports are due in the format provided by the K/T AAA within 15 calendar days after the end of the fiscal year, unless otherwise specified by the K/T AAA. If a contract is terminated prior to the end of the contract period, all reports are due within 30 calendar days following the termination date of the contract.

Kings/Tulare Area Agency on Aging 34 Agreement No: NM 25/26-05 EXHIBIT C: SPECIAL TERMS AND CONDITIONS
ARTICLE I. DEFINITIONS AND RESOLUTIONS OF LANGUAGE CONFLICTS A. General Definitions

2. “Contractor” means the legal entity that receives funds from the Area Agency on Aging under this Agreement.

3. “CCR” means California Code of Regulations.

4. “CFR” means Code of Federal Regulations.

5. "UEI" means the Unique Entity ID - a 12-character alphanumeric ID assigned to an entity by SAM.gov on April 4, 2022. As part of this transition, the DUNS number has been removed from SAM.gov and entity registration, searching, and data entry in SAM.gov now require use of the new Unique Entity ID.

6. “Cal. Gov. Code” means California Government Code.

7. “OMB” means Office of Management and Budget.

8. “Cal. Pub. Con. Code” means California Public Contract Code.

9. “Cal. Civ Code” means California Civil Code.

10. “Reimbursable item” also means “allowable cost” and “compensable item.”

11. “HSC” means California Health and Safety Code.

12. “State” and “Department” mean the State of California and the California Department of Aging (CDA) interchangeably.

13. ”Subcontractor” means the legal entity that receives funds from the Contractor to carry out part of a federal award identified in the Agreement.

Kings/Tulare Area Agency on Aging 35 Agreement No: NM 25/26-05

15. “Vendor” Means an entity selling goods or services to the Contractor or Subcontractor during the Contractor or Subcontractor’s performance of the Agreement.

16. “U.S.C.” means United States Code.

17. “HHS” means United States Department of Health and Human Services.

18. “OAA” means Older Americans Act

19. ‘K/T AAA’ means Kings/Tulare Area Agency on Aging.

23. “Recoverable cost” means the state and federal share of the questioned cost.

In the event of any inconsistency between the articles, attachments, or provisions which constitute this contract, the following order of precedence shall apply:

1. Standard K/T AAA Agreement and any amendments thereto.

2. General Scope of Work, Exhibit A.

Kings/Tulare Area Agency on Aging 36 Agreement No: NM 25/26-05

3. Special terms and Conditions, Exhibit C.

4. Budget Detail, Payment Provisions and Closeout, Exhibit B, and Additional Provisions, Exhibit D, and

5. Program Scope of Work, Exhibit G

6. Any other documents incorporated herein by reference.

ARTICLE II. ASSURANCES
A. Law, Policy and Procedures, 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.

Kings/Tulare Area Agency on Aging 37 Agreement No: NM 25/26-05

3. California Civil Rights Laws
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: http://www.dgs.ca.gov/ols/Forms.aspx

4. The Contractor assures the K/T AAA that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination based on disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. [42 U.S.C. §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. If the K/T AAA determines that a conflict of interest exists, any increase in costs associated with the conflict of interest may be disallowed by the K/T AAA, and such conflict may constitute grounds for termination of the Agreement.

Kings/Tulare Area Agency on Aging 38 Agreement No: NM 25/26-05 F. Covenant Against Contingent Fees

H. Facility Construction or Repair (This section only applies to Title III.)

Kings/Tulare Area Agency on Aging 39 Agreement No: NM 25/26-05 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. Clean Air Act, as amended [42 U.S.C. 7401].

2. Federal Water Pollution Control Act, as amended [33 U.S.C. 1251, et seq.].

3. Environmental Protection Agency Regulations [40 CFR, Part 29 and Executive Order 11738].

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. [45 CFR 92.35]
b. Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction or contract under a public transaction; violation of federal or State antitrust 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. Contractor shall report immediately to the K/T AAA in writing any incidents of alleged fraud and/or abuse by either Contractor or subcontractors.

Kings/Tulare Area Agency on Aging 40 Agreement No: NM 25/26-05

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

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

K. Agreement Authorization

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 K/T AAA for training and meetings that the K/T AAA may find necessary from time to time.

M. UEI Number and Related Information

1. The Unique Entity Identifier changed from the DUNS Number to the Unique Entity ID (generated by SAM.gov) on April 4, 2022. The UEI number must be provided to CDA prior to the execution of this Agreement. Business entities may register for a UEI number at https://sam.gov/content/duns-uei.

2. The Contractor must register the UEI number and maintain an "Active" status within the federal System for Award Management available online at https://www.sam.gov/portal/SAM/#1.

N. Corporate Status

Kings/Tulare Area Agency on Aging 41 Agreement No: NM 25/26-05

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

O. Lobbying Certification
The Contractor, by signing this Agreement, hereby certifies to the best of his or her knowledge and belief, that:

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 U.S.C. 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.

Kings/Tulare Area Agency on Aging 42 Agreement No: NM 25/26-05 P. 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. AGREEMENT
A copy of this Agreement is on file and available for inspection at the Kings/Tulare Area Agency on Aging, 5957 S. Mooney Blvd, Visalia, California 93277.

ARTICLE IV. COMMENCEMENT OF WORK
The Contractor shall not begin work in advance of receipt of the approved contract.

ARTICLE V. SUBCONTRACTS
A. 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. At a minimum, the procedures shall include the requirements set forth in 22 CCR 7352 . The only exception is contained in 22 CCR 7360(a). A Contractor issuing a noncompetitive award must comply with 22 CCR 7360(b)(c)(d).

Kings/Tulare Area Agency on Aging 43 Agreement No: NM 25/26-05 C. In the event any subcontractor is utilized by the Contractor for any portion of this Agreement, the Contractor shall 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, and retention of records of subcontractors in accordance with Article VI of the exhibit. Funds for this Agreement shall not be obligated in 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 or the State.

E. Copies of subcontracts, Memoranda, and/or Letters of Understanding shall be on file with the Contractor and 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.

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

1. The Request For Proposal (RFP) or Invitation For Bid (IFB)

2. All bid proposals received.

Kings/Tulare Area Agency on Aging 44 Agreement No: NM 25/26-05

J. The Contractor shall require the subcontractor 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 that 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 deciding if a subcontractor relationship exists. If such a relationship exists, then the Contractor shall follow the procurement requirements in the applicable regulation.

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 CDA’s Audit Branch, (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 CDA deems necessary.

Kings/Tulare Area Agency on Aging 45 Agreement No: NM 25/26-05 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 of this Article, above. The Contractor shall ensure that any resource directories and all client records remain the property of the K/T AAA upon termination of this Agreement, and are returned to the K/T AAA or transferred to another Contractor as instructed by the 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 State and so stated in writing to the Contractor.

F. After the authorized period has expired, confidential records shall be destroyed by shredding 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, file folders, etc.

B. Property acquired under this agreement, which meets any of the following criteria is subject to the reporting requirements:

1. Has a normal useful life of at least on (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).

Kings/Tulare Area Agency on Aging 46 Agreement No: NM 25/26-05 C. Additions, improvements, and betterments to assets meeting all of the above conditions in Section B above must 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.).

E. The Contractor shall keep track of property purchased with funds from this agreement that meet the requirements as defined in Exhibit C, and submit to the 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 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 contract, where applicable.

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

1. Date acquired.

2. Item description (include model number).

3. CDA and/or K/T AAA tag number.

4. Serial number (if applicable).

5. Purchase cost or other basis of valuation.

6. Fund source.

Kings/Tulare Area Agency on Aging 47 Agreement No: NM 25/26-05 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 the 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 the K/T AAA. The Contractor shall e-mail to the K/T AAA the electronic version of the Request to Dispose of Property (CDA 248). The K/T AAA will then instruct the Contractor on disposition of the property. Once approval for disposal has been received from the K/T AAA, and the K/T AAA has reported to CDA the Property Survey Report’s (STD 152) Certification of Disposition, the item(s) shall be removed from the Contractor’s inventory report.

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

H. The State reserves title to all State-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, until the Contractor has complied with all written instructions from the 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 120 days after termination of the 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 K/TAAA for other purposes, in this order:

Kings/Tulare Area Agency on Aging 48 Agreement No: NM 25/26-05

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

2. 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 of the K/T AAA. As a condition of the approval, the K/T AAA may require reimbursement under this Agreement for its use.

N. The Contractor or subcontractor 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, 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 audit, examination, excerpts, and transcriptions. The Contractor shall include this requirement in its subcontracts.

Said monitoring and evaluation may include, but is not limited to, administrative processes, fiscal, data and procurement components. This will include policies, procedures, and procurement audits, inspections of project premises, inspection of food preparation sites, and interviews of project staff and participants.

B. The Contractor shall cooperate with the K/T AAA in the monitoring and evaluation processes, which includes making any administrative program and fiscal staff available during any scheduled process.

Kings/Tulare Area Agency on Aging 49 Agreement No: NM 25/26-05 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 CDA funded programs.

ARTICLE X. AUDIT REQUIREMENTS
A. General

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.

Kings/Tulare Area Agency on Aging 50 Agreement No: NM 25/26-05 B. CDA Fiscal and Compliance Audits

2. The CDA fiscal and compliance audits may include, but not be limited to, a review of:
a.Financial closeouts (2 CFR 200.16 and 45 CFR 75.2)
b.Internal controls (2 CFR 200.303 and 45 CFR 75.303)
c.Allocation of expenditures (2 CFR 200.4 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 (2 CFR 200 Subpart F and 45 CFR 75 Subpart F)

1. Contractor Single Audit Reporting Requirements.
a. Contractors that expend $750,000 or more in federal funds shall arrange for an audit to be performed as required by the Single Audit Act of 1984, Public Law 98-502; the Single Audit Act Amendments of 1996, Public Law 104-156; 2 CFR 200.501 to 200.521 and 45 CFR 75.501 to

75.521. A copy shall be submitted to the:

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.

Kings/Tulare Area Agency on Aging 51 Agreement No: NM 25/26-05 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.

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

Kings/Tulare Area Agency on Aging 52 Agreement No: NM 25/26-05 c. 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:
i. Accurate, current, and complete disclosure of the financial results of each federal award or program.
ii. Records that identify adequately the source and application of funds for each federally funded activity.
iii. Effective control over, and accountability for, all funds, property, and other assets to ensure these items are used solely for authorized purposes.
iv. Comparison of expenditures with budget amounts for each federal award.
v. Written procedures to implement the requirements of 2 CFR 200.305. vi. 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]
vii. The Contractor shall document system and expense testing to show an acceptable level of reliability, including a review of actual source documents.
viii. 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:

Kings/Tulare Area Agency on Aging 53 Agreement No: NM 25/26-05 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

Kings/Tulare Area Agency on Aging 54 Agreement No: NM 25/26-05

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.
(1) 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.
(2) 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.

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. Coverage at least as broad as Commercial General Liability Insurance of $1,000,000 combined single limit per occurrence. If the annual aggregate applies it must be no less than $2,000,000.

Kings/Tulare Area Agency on Aging 55 Agreement No: NM 25/26-05

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-F 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.

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.

E. The Certificate of Insurance for General Liability and Comprehensive Automobile Liability Insurance must 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.

Kings/Tulare Area Agency on Aging 56 Agreement No: NM 25/26-05

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 always in effect 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.

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].

J. The entity providing Ombudsman services must be insured or self-insured for professional liability covering all Ombudsman activities, including, but not limited to, investigation of patient complaints.

Kings/Tulare Area Agency on Aging 57 Agreement No: NM 25/26-05 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.

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

Kings/Tulare Area Agency on Aging 58 Agreement No: NM 25/26-05

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.

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.

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 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.

Kings/Tulare Area Agency on Aging 59 Agreement No: NM 25/26-05 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.

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.

Kings/Tulare Area Agency on Aging 60 Agreement No: NM 25/26-05 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 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.

Kings/Tulare Area Agency on Aging 61 Agreement No: NM 25/26-05 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 Personal, 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

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.

Kings/Tulare Area Agency on Aging 62 Agreement No: NM 25/26-05

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 Subcontractors are authorized to disclose and access identifying information for this purpose as required by OAA.

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://www.aging.ca.gov/Providers_and_Partners/#Resources within (30) days of the start date of the Contract/Agreement, within (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.

Kings/Tulare Area Agency on Aging 63 Agreement No: NM 25/26-05 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 CDA’s security incident reporting procedure located at
https://www.aging.ca.gov/ProgramsProviders/#Resources
H. Security Breach Notifications
Notice must be given by the Contractor, and/or its Subcontractors/Vendors to anyone whose SCI 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.

Kings/Tulare Area Agency on Aging 64 Agreement No: NM 25/26-05 ARTICLE XIX. COPYRIGHTS AND RIGHTS IN DATA
A. Copyrights

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.

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 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.

Kings/Tulare Area Agency on Aging 65 Agreement No: NM 25/26-05

4. Materials published or transferred by Contractor shall: (a) state “The materials or product were a result of a project funded by a contract with the California Department of Aging”; (b) give the name of the entity, the address, and the telephone number at which the supporting data is available; and (c) include a Statement that “The conclusions and opinions expressed may not be those of the California Department of Aging and that the publication may not be based upon or inclusive of all raw data.”
ARTICLE XX. BILINGUAL AND LINGUISTIC PROGRAM SERVICES
[GC §11135-11139.5]
[Title 22 CCR Sections 98211, 98310-98314, 98324-98326, 98340-98370] 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. 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:

Kings/Tulare Area Agency on Aging 66 Agreement No: NM 25/26-05 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. 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]

Kings/Tulare Area Agency on Aging 67 Agreement No: NM 25/26-05

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. The 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. The 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]

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]

Kings/Tulare Area Agency on Aging 68 Agreement No: NM 25/26-05 EXHIBIT D: ADDITIONAL PROVISIONS
ARTICLE I. ASSURANCES SPECIFIC TO THIS AGREEMENT
A. General Assurances
The Contractor shall assure that the following conditions are met:

1. Services are provided only to the defined Eligible Service Population.

3. The Contractor shall comply with the standards and guidelines for procurement of supplies, equipment, construction, and services as provided in 45 CFR 92.36.

5. Any multipurpose senior center constructed with funds made available by this Agreement shall be used for that purpose for at least twenty (20) years after completion of that construction.

6. Any facility to be used as a senior center and acquired with funds made available by this Agreement shall be used for that purpose for at least ten (10) years from the date of acquisition.

Kings/Tulare Area Agency on Aging 69 Agreement No: NM 25/26-05

8. K/T AAA funds will be made available only for the support of activities specified in an approved and current Area Plan that is in compliance with State and Federal laws and regulations.

9. The Contractor and/or subcontractor shall make use of trained volunteers to expand the provision of FCSP activities in accordance with OAA §373(d).

10. An individual’s receipt of services under the In-Home Supportive Services Program shall not be the sole cause for denial of any services provided by the K/T AAA or its contractors.

11. Funds made available under Title III E shall enable comprehensive and multifaceted systems of support services that include the five federal support service components for both “family caregiver” and “older relative caregiver” [OAA 373(a)-(b)]

12. Funds made available under Title III E shall enable comprehensive and multifaceted systems of support services that include the five federal support service components for both “family caregiver: and ”grandparent caregiver” [OAA §373(a)(b)], unless the K/TAAA has documented through the Area Plan process that one or more of these components is being addressed by other sources.

13. Funds made available under this Agreement shall supplement, and not supplant, any federal State, or local funds expended by a state or unit of general-purpose local government to provide Title III (excluding III E), and Title VII services.

14. Funds made available under Title III E shall supplement and not supplant other services that may directly or indirectly support unpaid caregiving, such as Medicaid waiver programs (e.g., MSSP, etc.) or other caregiver services such as those provided through Department of Social Services Kinship Support Service Programs, California Community Colleges Foster and Kinship Care Education Programs, Department of Developmental Services Regional Centers, Department of Mental Health Caregiver Resource Centers and other Title III funded providers.

15. Contractor assures that voluntary contributions shall be allowed and may be solicited in accordance with the following requirements: [OAA §315(b)]:
a. Any Contractor for any Title III or Title VII services shall not use means tests.

Kings/Tulare Area Agency on Aging 70 Agreement No: NM 25/26-05 b. Any Title III or Title VII client that does not contribute toward the cost of the services received shall not be denied services.
c. Methods to solicit voluntary contributions for Title III and Title VII services 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. (iv) Establish appropriate procedures to safeguard and account for all contributions.
(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.

16. Cost sharing shall not be implemented for any Title III or Title VII service until so notified by the K/T AAA.

17. The Contractor shall participate in the preparation and implementation of a disaster plan that ensures provision of critical services to meet the emergency needs of consumers they are charged to serve during medical or natural disasters, such as earthquakes or floods. This plan shall be coordinated with the overall County Office of Emergency Services Plan and shall conform to any statewide requirements issued by the CDA or any other appropriate federal agency.

18. The Contractor shall notify the K/T AAA’s Disaster Coordinator annually, or whenever a change occurs, the name of the individual responsible for Disaster Coordination.

Kings/Tulare Area Agency on Aging 71 Agreement No: NM 25/26-05

19. The Contractor shall ensure that Information and Assistance staff have written procedures in place and are trained at least annually on how to handle emergencies. As specified in 22 CCR §7547, the training shall consist of:
a. Familiarity with telephone numbers of fire, police, and ambulance services for the geographic area served by the provider. These telephone numbers shall be posted near the telephone for easy access when an emergency arises.
b. Techniques to obtain vital information from older individuals and persons with disabilities who require emergency assistance.
c. Making written emergency procedure instructions available to all staff that have contact with older individuals or persons with disabilities.

20. The Contractor shall not require proof of age or citizenship or disability as a condition of receiving services.

21. The Contractor shall develop a policy and procedure to ensure that Title III C-1 and Title III C-2 meals are only received by eligible individuals.

22. The Contractor shall annually assess the Title III C-2 client’s nutrition risk using the Determine Your Nutritional Risk checklist published by the Nutrition Screening Initiative. [OAA §339(2)(J)] [OAA §207(a)(3)].

B. Assurances Specific to Legal Assistance Providers (LSPs) In accordance with OAA §731 the Contractor shall assure that the following conditions are met:

2. LSPs may provide direct legal assistance to residents of the long-term care facilities where the clients are otherwise eligible and services are appropriate.

Kings/Tulare Area Agency on Aging 72 Agreement No: NM 25/26-05

5. LSPs are to coordinate with the local Legal Services Corporation (LSC) program if the provider is not an LSC-funded program.

8. LSPs are to use the Uniform Reporting System revised by the CDA in July 2013 to collect data on legal services provided.

9. Waiver of this section of the contract may be obtained from the CDA pursuant to Exhibit C, Special Terms and Conditions, Article XV, of this Agreement entitled, “Amendments, Revisions or Modifications.”
ARTICLE II. REPORTING PROVISIONS
A. The Contractor shall submit program performance reports in accordance with K/T AAA requirements to the .Kings/Tulare Area Agency on Aging, 5957 S. Mooney Blvd, Visalia, CA 93277. [WIC §9102(A)(5)]
B. The Contractor shall have written reporting procedures to assure that all submitted performance data is timely, complete, accurate, verifiable, and specific to each program which include:

1. Collection and reporting of program data for the K/T AAA.

2. Ensuring accuracy of data from the intake/assessment process through reporting to the K/T AAA.

3. Verification of data prior to submission to the K/T AAA.

4. Correction procedures; and

Kings/Tulare Area Agency on Aging 73 Agreement No: NM 25/26-05

C. The K/T AAA shall train and orient Contractor’s staff regarding program data collection and reporting requirements.

D. The Contractor shall assure that all data submitted is timely, complete, accurate, and verifiable using the K/T AAA-approved reporting procedures on the following schedule:

1. 10th Day Each Month: Monthly service reports, expenditure reports and request for funds are due the 10th of the month following the month of service.

2. 30 days following the end of the reporting period. Quarterly narrative performance report.

3. February 15: Annual negotiated budgets and service units for the following fiscal year (to be included in the K/T AAA Area Plan update).

4. July 15: Final monthly expenditure report and request for funds, must be marked ‘final’, year-end closeout, and Report of Property Purchased

5. K/T AAA will provide all reporting templates to the Contractor.

E. The Contractor shall have written reporting procedures specific to each program. K/T AAA will provide procedures and/or provide guidance and approved methodologies for these procedures; and will approve all procedures:

1. Collection and reporting of program data for the Contractor and subcontractor.

Kings/Tulare Area Agency on Aging 74 Agreement No: NM 25/26-05

2. Ensuring accuracy of all data from the Contractor and subcontractor

3. Verification of Contractor and subcontractor data prior to submission to the K/T AAA Data Team.

4. Procedures for the Contractor and subcontractor on correcting data errors.

6. Performance data monitoring process
F. The Contractor shall orient and train staff and subcontractor’s staff regarding program data collection and reporting requirements. The K/T AAA Data Team will be available to provide guidance for data collection training The Contractor shall have cross-trained staff in the event of planned or unplanned prolonged absences to ensure timely and accurate submission of data.

G. Reporting Provisions Specific to Title VII : Elder Abuse Prevention

Kings/Tulare Area Agency on Aging 75 Agreement No: NM 25/26-05 ARTICLE III. APPEAL PROCESS
A. If the Contractor disputes the administration of this Agreement, either fiscal or non-fiscal, the Contractor shall appeal the dispute to the Director of the K/T AAA. If the Contractor is not satisfied with the decision of the Director, the Contractor can appeal to the Governing Board. If the Contractor is not satisfied with the decision of the Governing Board, the Contractor can use the appeal procedure established by the CDA in Title 22 CCR, Sections 7700 through 7710. Unless the CDA notifies the Contractor of a different stated time, the Contractor shall file an appeal within thirty (30) days of the Governing Board’s decision.

B. Subcontractors of the contractor may appeal the Contractor’s final adverse determination relating to Title III and Title VII programs using the appeal process established in Title 22 CCR, Sections 7700 to 7710.

D. Appeal costs or costs associated with any court review are not reimbursable.

ARTICLE IV. TRANSITION PLAN
A. The Contractor shall submit a transition plan to the K/T AAA within 15 (15) days of delivery of a written Notice of Termination (Pursuant to Article XII, Exhibit C of this Agreement) of a service funded either by Title III or Title VII. The transition plan must be approved by the K/T AAA and shall at a minimum include the following:

1. Description of how clients will be notified about the change in their service provider.

2. A plan to communicate with other organizations that can assist in locating alternative services.

3. A plan to inform community referral sources of the pending termination of the service and what alternatives, if any, exist for future referrals.

4. A plan to evaluate clients in order to ensure appropriate placement.

5. A plan to transfer any confidential medical and client records to a new contractor.

6. A plan to dispose of confidential records in accordance with applicable laws and regulations.

Kings/Tulare Area Agency on Aging 76 Agreement No: NM 25/26-05

7. A plan for adequate staff to provide continued care through the term of the contract. [22 CCR §7206(e)(4)]

8. A full inventory and plan to dispose or transfer or return to the State all equipment purchased during the entire operation of the contract.

9. Additional information as necessary to affect a safe transition of clients to other community service providers.

B. The Contractor shall implement the transition plan as approved by the K/T AAA. The K/T AAA will monitor the Contractor’s progress in carrying out all elements of the transition plan.

Kings/Tulare Area Agency on Aging 77 Agreement No: NM 25/26-05 EXHIBIT E: HIPAA REQUIREMENT
(Update version 04/09/13)
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) A. Definitions: Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in the Privacy Rule.

1. Business Associate shall mean CONTRACTOR.

2. Covered Entity shall mean K/T AAA (Kings/Tulare Area Agency on Aging).

3. Individual shall have the same meaning as the term “individual” in 45 CFR 164.501 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g).

4. Privacy Rule shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E.

6. Required by Law shall have the same meaning as the term “required by law” in 45 CFR 164.501.

7. Secretary shall mean the Secretary of the Department of Health and Human Services or his designee.

B. Obligations and Activities of CONTRACTOR

1. CONTRACTOR agrees to not use or disclose Protected Health Information other than as permitted or required by the Agreement or as Required by Law.

2. CONTRACTOR agrees to use appropriate safeguards to prevent use or disclosure of Protected Health Information other than as provided for by this Agreement.

4. CONTRACTOR agrees to report to K/T AAA any use or disclosure of the Protected Health Information not provided for by this Agreement of which it becomes aware.

Kings/Tulare Area Agency on Aging 78 Agreement No: NM 25/26-05

D. Specific Use and Disclosure

Kings/Tulare Area Agency on Aging 79 Agreement No: NM 25/26-05

3. Except as otherwise limited in this Agreement, CONTRACTOR may use Protected Health Information to provide Data Aggregation services to K/T AAA as permitted by 42 CFR 164.504(e)(2)(i)(B).

4. CONTRACTOR may use Protected Health Information to report violations of law to appropriate Federal and State authorities consistent with § 164.502(j)(1) E. Obligations of K/T AAA

F. Permissible Requests by K/T AAA:

1. Regulatory References. A reference in this Agreement to a section in the Privacy Rule means the section as in effect or as amended.

2. Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for K/T AAA to comply with the

Kings/Tulare Area Agency on Aging 80 Agreement No: NM 25/26-05 requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act of 1996, Pub L. No. 104-191.

3. Survival. The respective rights and obligations of the CONTRACTOR under this Exhibit shall survive the termination of this Agreement.

4. Interpretation. Any ambiguity in this Agreement shall be resolved to permit K/T AAA to comply with the Privacy Rule.

EXHIBIT F: CONTRACT AWARD AND UNITS OF SERVICE
TOTAL FUNDING AWARD: $74,244

FUNDING AWARDED BY SERVICE CATEGORY
TITLE III C-1: CONGREGATE NUTRITION Funding: $29,698
Activity Measure Contracted Units
Congregate Meals # of Meals
Nutrition Education # of Sessions per participant
TITLE III C-2: HOME DELIVERED NUTRITION Funding: $44,546 Activity Measure Contracted Units
Home Delivered Meals # of Meals
Nutrition Education # of Sessions per participant

Kings/Tulare Area Agency on Aging 81 Agreement No: NM 25/26-05 EXHIBIT G: PROGRAM SCOPE OF WORK
This Exhibit includes a general description of K/T AAA services. Refer to Exhibit F for specific contracted service units and activities to be provided under this agreement.

SCOPE OF WORK: TITLE III-C: SENIOR NUTRITION SERVICES
This Scope of Work contains the measurable objectives mandated by the Kings/Tulare Area Agency on Aging (K/T AAA) and the California Department of Aging (CDA) required of the Senior Nutrition Program (SNP)
A full description of the senior nutrition program is available at:

California Code of Regulations; Title 22; Div.1.8; Chapter 4; Article 5 http://www.calregs.com/linkedslice/default.asp?SP=CCR-1000&Action=Welcome I. Program Goal
The goal of the Senior Nutrition Program is to provide nutrition services to individuals sixty (60) years or older that promote physical, psychological, and social well-being, and reduce isolation through programs coordinated with nutrition-related supportive services.

II. Unit of Service
Congregate Nutrition: One (1) meal is counted as one (1) Service Unit Home-Delivered Nutrition: One (1) meal is counted as one (1) Service Unit III. Area To Be Served
Congregate Meal Services must be provided, at a minimum, in the following Tulare County communities:
• City of Tulare

Kings/Tulare Area Agency on Aging 82 Agreement No: NM 25/26-05 IV. Scope of Services
A. Eligibility for Nutrition Services

2. Volunteer Meals – A volunteer under age sixty (60) may be offered a meal if doing so will not deprive an older individual of a meal.

3. Home-Delivered Meals – Individuals eligible to receive a home-delivered meal are:
a. Any older individual who is frail, as defined below, and homebound by reason of illness, disability, or isolation:
“Frail” means that an older individual is determined to be functionally impaired because the individual either:
1) Is unable to perform at least two (2) activities of daily living, including bathing, toileting, dressing, feeding, breathing, transferring and mobility and associated tasks, without substantial human assistance, including verbal reminding, physical cueing, or supervision.
2) Due to a cognitive or other mental impairment, requires substantial supervision because the older individual behaves in a manner that poses a serious health or safety hazard to the individual or to others.
b. The spouse of a person in sub-section (a.1) above, regardless of age or condition, if an assessment concludes that it is in the best interest of the homebound older individual.

Kings/Tulare Area Agency on Aging 83 Agreement No: NM 25/26-05 c. An individual with a disability who resides at home with older individuals if an assessment concludes that it is in the best interest of the homebound older individual who participates in the program.
d. Priority shall be given to older individuals in sub-section (a.1) above.

B. Requirements for Nutrition Services

1. Congregate Meals
a. Each Congregate Meal Provider shall:
1) Not preclude the service of a meal to a participant who has failed to make a reservation when food is available.
2) Ensure that a Client Intake Sheet is completed for each participant on the first day of service and annually
thereafter.
3) Ensure that a Nutritional Risk Assessment is completed for each participant on the first day of service and annually thereafter.
4) Maintain appropriate documentation for each client.

Documentation shall be kept on file to be monitored by K/T AAA.
b. Each Congregate Meal site shall meet all of the following:
1) Have a paid staff or volunteer designated to be
responsible for the day-to-day activities at each site, and physically be on-site during the time that SNP
activities are taking place.
2) Have restrooms, lighting, and ventilation, which meet the requirements of CURFFL.
3) Have equipment, including tables and chairs that are sturdy and appropriate for older individuals. Tables
shall be arranged to assure ease of access and
encourage socialization.

Kings/Tulare Area Agency on Aging 84 Agreement No: NM 25/26-05

2. Home-Delivered Meals
a. Determine the level of need for home-delivered nutrition services of each eligible participant.
1) Ensure that a Client Intake Sheet is completed for each participant on the first day of service and quarterly
thereafter. An initial determination of eligibility may be accomplished by telephone. Subsequent quarterly
contact to complete the Intake Sheet is primarily to
determine if there have been changes in the
participant’s living situation and level of need.

Quarterly contact must be made in the home of the
client at least every other quarter, and intervening
quarterly contacts made by telephone.
2) Ensure that a Nutritional Risk Assessment is completed for each participant at initiation of services and
annually thereafter. Annual reassessment should
coincide with the quarterly contact being made to
update the client’s Intake Sheet, in the home of the
client. Participants in need of nutrition-related
supportive services should be referred as necessary.
b. Provide written instructions, in the language of the majority of the participants, for handling and re-heating of the meals. c. Establish a waiting list for home-delivered meals whenever the home-delivered meal providers are unable to provide meals to all eligible individuals. The decision to place eligible recipients of a home-delivered meal on a waiting list, and their position on such a list, shall be based on greatest need and-or in accordance with policy established by the home-delivered meal provider, in consultation with K/T AAA.
d. Provide home-delivered meals in pre-packaged divided trays (hot or frozen meals).
e. Maintain appropriate documentation for each client.

Documentation shall be kept on file to be monitored by K/T AAA.

C. Nutrition Education Services

1. Nutrition Education shall be provided a minimum of four (4) times per year to participants in congregate and home-delivered meal programs. a. Nutrition Education for congregate sites is defined as demonstrations, presentations, lectures, or small group discussions, all of which may be augmented with printed materials.

Kings/Tulare Area Agency on Aging 85 Agreement No: NM 25/26-05 b. Nutrition Education for home-delivered meal participants may consist solely of printed material that is in conjunction with a congregate meal Nutrition Education presentation.
c. Nutrition Education materials will be developed and approved by the K/T AAA Registered Dietician (RD) and delivered to
congregate and home delivered meal participants by the
Contractor.
d. Service units shall be documented and reported to the K/T AAA.

2. Nutrition Education shall be based on the particular need of congregate and home-delivered meal participants.

E. Staffing

1. Manager or Director
a. The SNP provider shall have a manager on staff who shall conduct the day-to-day management and administrative functions of the SNP, and either have at least one of the following qualifications:
1) Possess an associate degree in institutional food service management, or a closely related field, such as, but not limited to, restaurant management, plus two (2) years’
experience as a food service supervisor, or,
2) Demonstrate experience in food service, such as, but not limited to, cooking in a restaurant, and within twelve (12) months of hire successfully complete a minimum of twenty (20) hours specifically related to food service management, business administration, or personnel management at a
college level. Prior to completion of meeting the hours, this individual’s performance shall be evaluated through quarterly monitoring by a registered dietitian, or
3) Two years’ experience managing food services. Such
experience shall be verified and approved by a registered dietitian prior to hire, or assuming the manager position.

Kings/Tulare Area Agency on Aging 86 Agreement No: NM 25/26-05

2. Personnel – Paid Staff/Volunteers:
a. There shall be sufficiently qualified paid staff or volunteer staff with the appropriate education and experience to carry out the requirements of the SNP. The total number of staff should be based on the method and level of services provided and size of the service area.
b. Contractor is encouraged to hire multi-lingual/multi-cultural staff to increase low-income and ethnic minority program participation in accordance with federal mandates.
c. Preference shall be given to hiring older individuals subject to the qualifications of the position.
d. Contractor shall recruit for vacant positions in an open and competitive application process free of discriminatory questions.

Kings/Tulare Area Agency on Aging 87 Agreement No: NM 25/26-05 b. The Registered Dietitian will provide the following activities to meet the mandated requirements:
1) At a minimum, quarterly inspection for safe food handling and sanitation practices of food facilities.
2) Review and approve the content of staff training prior to presentation.
3) Review and approve the cycle menus.
4) Provide input, review, and approve the Nutrition Education Plan prior to presentation.
5) Provide technical support and assistance as needed.

F. Staff Training Activities

1. A yearly written Staff Training Plan shall be developed, implemented, and maintained on file by the SNP Provider, as required in Title 22, Division

1.8, Section 7636.7 (c).

2. The K/T AAA Registered Dietitian shall review and approve the content of the Plan prior to its presentation.

3. The Staff Training Plan must identify who is to be trained, who will conduct the training, content of the training, and when it is scheduled.

4. A copy of the Staff Training Plan that has been approved by the K/T AAA’s Registered Dietitian must be submitted to K/T AAA by September 1st of the FY in which services are being provided. The K/T AAA approved Staff Training Plan must be kept on file.

5. A minimum of four (4) hours of staff training shall be provided annually for paid and volunteer food service staff, including congregate and homedelivered meal staff.

6. Training sessions shall be evaluated by those receiving the training.

7. The SNP Provider shall maintain documentation of each training session on file. Documentation includes, but is not limited to, sign-in sheets, agendas, handouts, and completed evaluations.

8. All staff, paid and volunteer, shall be oriented and trained to perform their assigned responsibilities and tasks. Training, at a minimum, shall include:
a. Food safety, prevention of food borne illness, and HACCP principles.
b. Accident prevention, instruction on fire safety, first aid, choking, earthquake preparedness, and other emergency procedures. c. Elder Abuse Law and reporting procedures.

G. Senior Participants

1. Satisfaction Survey

Kings/Tulare Area Agency on Aging 88 Agreement No: NM 25/26-05 a. The SNP Provider shall conduct a Client Satisfaction Survey at least annually. The Survey instrument must be approved by K/T AAA prior to its use, and all findings from the Survey must be used to improve services. The Provider must keep the completed Surveys and the tabulated results on file. A copy of the tabulated results must be submitted to K/T AAA by March 1st of the FY in which services are being provided.
b. The SNP Provider shall conduct Meal Satisfaction Surveys on a pre-designated frequency. The K/T AAA will provide assistance to the SNP Provider in establishing this process.

H. Menu Planning

1. Contractors will comply with all Meal Guidelines and Nutritional Requirements (refer to Section V of this Attachment)

2. A copy of the certified menu must be posted in a spot conspicuous to clients at each congregate site.

3. Copies of menus shall be made available to the participants upon request.

I. Food Procurement

1. Food procurement procedures shall comply with Title 22, CRFC standards, and HACCP best practices guidelines.

2. All food shall be of good quality and shall be obtained from sources that conform to Federal, State, and local regulatory standards for quality, sanitation, and safety.

3. To the extent possible, providers are encouraged to participate in group food purchasing.

J. Food Storage

1. Food storage procedures shall comply with Title 22, CRFC standards, and HACCP best practices guidelines.

2. Adequate and suitable space free from vermin, dirt, and contamination or adulteration shall be provided for the storage of food and beverages, and cooking, serving, and eating supplies.

Kings/Tulare Area Agency on Aging 89 Agreement No: NM 25/26-05 K. Food Production

1. Food production procedures shall comply with Title 22, CRFC standards, and HACCP best practices guidelines.

Food trays shall not be served ahead of time.
c. Temperature Checks
1) All hot, cold, and frozen potentially hazardous meal components, including milk, shall be checked daily
immediately prior to dispatch from the central kitchen.

Kings/Tulare Area Agency on Aging 90 Agreement No: NM 25/26-05 2) All hot, cold, and frozen potentially hazardous meal components, including milk, shall be checked at satellite congregate sites upon delivery and at all congregate sites immediately before meal service.
3) The SNP Provider must have written procedures for
monitoring food temperature.
4) The SNP Provider must use a form to document food
temperatures daily (i.e. Food Temperature Log).
5) The SNP Provider shall have a staff member review the completed Food Temperature Logs at random a minimum
of every other month. If problems are discovered, an action plan must be developed to resolve the issue.
6) All completed Food Temperature Logs must be maintained on file for K/T AAA review.
d. To maintain quality in prepared foods, holding times shall be kept to a minimum. Long periods of holding hot foods diminish the nutrient content and palatability of foods.
e. Holding time shall not exceed 4 hours between the end of production and the beginning of food service at the congregate site.

L. Food Service Requirements

1. The SNP Provider shall maintain the following records at each nutrition site and retain them for a pre-designated period.
a. Food Temperature Log – one should be available for congregate meals and one for home delivered meals if hot foods are delivered to the client.
b. Cleaning Schedule.
c. Equipment Temperature Log – for all dish machines, refrigerators, and freezers.

Kings/Tulare Area Agency on Aging 91 Agreement No: NM 25/26-05 d. Production Schedule – applicable only if food is cooked at the site.

2. The current Environmental Health inspection shall be available at the site for review.

4. Meal delivery vehicles and meal delivery equipment shall be maintained to meet sanitary food standards for the delivery of food.

M. Program Requirements

1. Client Intake Sheets
a. The SNP Provider will ensure that each participant completes the Client Intake Sheet and Nutritional Risk Assessment form to determine his or her level of nutritional risk.

3. Emergency Procedures
a. SNP Providers shall have a written Emergency/Disaster Plan.

Kings/Tulare Area Agency on Aging 92 Agreement No: NM 25/26-05 b. Each nutrition site shall have an evacuation plan posted identifying the emergency exits and assembly areas.
c. Staff must be knowledgeable of emergency procedures. d. Where feasible and appropriate, SNP Providers shall make arrangements for the availability of meals to participants during a major disaster, as defined in 42 U.S.C., Chapter 68, Section 5122(2). Such arrangements shall be included in the
Emergency/Disaster Plan.

4. Donations and Confidentiality
a. An eligible individual who receives a meal shall be given the opportunity to contribute to the cost of the meal. The established suggested donation amount is $2.50 per meal.
b. Guests will pay the actual cost for a meal.
c. A sign indicating the suggested donation for eligible individuals and for guests shall be posted near the contribution container at each congregate meal site.
d. The SNP provider shall inform Home Delivered Meal clients of the opportunity to contribute donations and shall maintain a process for collecting donations from them.
e. No eligible individual shall be denied participation because of failure or inability to contribute. This shall be posted in a visible location.
f. The SNP Provider shall ensure that the amount of the eligible participant’s contribution is kept confidential.
g. The SNP Provider shall establish written procedures to protect contributions and fees from loss, mishandling, and theft (i.e.

Kings/Tulare Area Agency on Aging 93 Agreement No: NM 25/26-05

6. Coordination
a. If applicable, develop a fair and equitable policy and procedure for referring participants to the appropriate transportation provider for securing public transportation to and from nutrition sites and have the policy available for review by K/T AAA.
b. Include the following statement on all advertising, brochures, poster, etc., “Funding for this service has been provided by the Kings/Tulare Area Agency on Aging through a grant award from the California Department of Aging.”
c. Coordinate service with other County departments and local agencies by providing time for presentations or special activities that promote a community-based system of care for the
participants attending nutrition sites.

Guidelines and Requirements
In accordance with section 339 of the OOA, meals will comply with the most recent Dietary Guidelines for Americans. Each meal shall provide a minimum of one-third (1/3) of the Dietary Reference Intakes (DRIs).

The California Department of Aging has developed the “Older Californians Nutrition Program Menu Guidance” to include instruction in applying the Dietary Guidelines for Americans to Menu Planning.

Title IIIC Meals must comply with the “Older Californians Nutrition Program Menu Guidance”, this guidance can currently be found at:
https://www.aging.ca.gov/download.ashx?lE0rcNUV0zZ%2fmnswDwFAig%3d%3d (link active as of 4/24/2025). Or the contractor may request a copy from the K/T AAA.

The “Older Californians Nutrition Program Menu Guidance” is subject to change compliance with all future changes and or updates is required.

Kings/Tulare Area Agency on Aging 94 Agreement No: NM 25/26-05 General Menu Planning Requirements:

Kings/Tulare Area Agency on Aging 95 Agreement No: NM 25/26-05 Protein: Adequate protein intake is important for older adults to prevent the loss of lean muscle mass that occurs naturally with age. Provide at least 15 grams of protein per meal from the protein and dairy/soy alternatives food groups (refer to the Food Group section).

If multiple meals are offered per day, each meal must provide one-third of the DRIs; however, the meals may be combined to meet the required DRIs if able to verify that the participant is receiving all meals. For example, if a nutrition provider verifies that a participant receives two meals per day, the combined meals must meet two-thirds of the DRIs and be supported by a meal analysis • Meal analysis is conducted using either a nutrient analysis or a meal component pattern and is approved by a Registered Dietitian (RD) to ensure compliance with Dietary Guidelines and DRIs.
• Food substitutions to originally planned meals are approved by a RD. • Menus meet the following requirements:
o are planned for a minimum of four weeks.
o are posted in a location easily seen by participants at meal sites and are provided to home-delivered meal participants.
o are legible and easy to read in the language of the majority of the participants.

Kings/Tulare Area Agency on Aging 96 Agreement No: NM 25/26-05 o reflect cultural and ethnic dietary preferences of participants when feasible and appropriate.

TABLE 1 – Nutritional Goals Per Day and Per Meal for Target Nutrients Nutrient Source* Target Per Day Target Per Meal
Calories (Kcal) AMDR 1600 550-650
Protein (g)* RDA ≥ 46 ≥15 (from protein and
dairy/soy alternative groups)
Fat (% of total calories) ADMR 20-35% 20-35%
Saturated Fay (% of
total calories)
DGA ≤ 10% ≤ 10%
Fiber (gm) AI ≥ 22 ≥ 7 (weekly average)
Calcium (mg) RDA ≥ 1200 ≥ 400 (weekly average)
Magnesium (mg) RDA ≥ 320 ≥ 105 (weekly average)
Potassium (mg) AI ≥ 2600 ≥ 860 (weekly average) **
Sodium (mg) AI and CDRR ≤ 2300 ≤ 760 (weekly average)
Vitamin A (mcg
RAE***)
RDA ≥ 700 ≥ 233 (2 - 3 meals out of 5
meals per week)
Vitamin D (IU) RDA 600 200 (weekly average)
Vitamin C (mg) RDA ≥ 75 ≥ 25
Vitamin B12 (ug) RDA 2.4 0.8 (weekly average)
* AI = Adequate Intake, AMDR = Acceptable Macronutrient Distribution Range; CDRR = Chronic Disease Risk Reduction Level; DGA = Dietary Guidelines for Americans, 2020-2025; RDA = Recommended Dietary Allowance. ** Prior to 2019, the AI for K+ was 4700 (1565 per meal) but was updated in 2019 to 2600 (860/meal) for women and 3400 (1133 per meal) for men. Source: https://www.nap.edu/read/25353/chapter/8#120 *** RAE = Retinol Activity Equivalents

Kings/Tulare Area Agency on Aging 97 Agreement No: NM 25/26-05 EXHIBIT H: CULTURAL COMPETENCE AND DIVERSITY
The CONTRACTOR is encouraged to support Tulare County Health and Human Services Agency in the journey to work effectively across and among all cultures. It is the desire of HHSA that services be sensitive to the diversity of the community served, including but not limited to ethnic, linguistic, sexual, and cultural characteristics. Sensitivity includes acceptance and respect for the cultural values, beliefs, and practices of the community, as well as the ability to apply an understanding of the relationships of language and culture to the delivery of support and services.

CONTRACTOR will strive to:
• Ensure that agents, employees, or officers providing services are sensitive to the ethnic, linguistic, sexual, and cultural diversity of the community served. Sensitivity includes acceptance and respect for the cultural values, beliefs, and practices of the community, as well as the ability to apply an understanding of the relationships of language and culture to the delivery of support and services.
• Assure equal access for people with diverse cultural backgrounds and/or limited English proficiency. Limited English Proficiency includes literacy issues: those who cannot either read or write in any language.

Staff Report
Meeting: City Council
Date: July 15, 2025
Department: Community Development - Housing
Submitted by: Alexis Costales, Housing and Grants Manager Agenda Title: Appropriation for the Implementation of Homeless Prevention Service

RECOMMENDED ACTION
Adopt a resolution authorizing the establishment of a Housing Successor Agency Fund (711) appropriation of up to $21,000 and use of Housing Successor Agency Fund (711) balance for operating costs associated with a homeless prevention and rapid rehousing service administered by Family Services of Tulare County; and authorize the City Manager or their designee to execute a service agreement and other materials as necessary with Family Services of Tulare County.

SUMMARY
The City of Tulare (“City”) is the Housing Successor Agency (“Housing Successor”) to the former Tulare Redevelopment Agency (“Agency”). The Housing Successor is responsible for maintaining housing assets transferred from the former Agency. Its main goal is to provide affordable housing for City residents. Former Agency assets, and the revenues generated by those assets, are maintained in a Lowand Moderate-Income Housing Asset Fund (“Housing Asset Fund”). Housing Asset Funds may be spent on: 1) administrative costs up to $200,000 per year; 2) homeless prevention and rapid rehousing services up to $250,000 per year if the former agency did not have any outstanding housing inclusionary or replacement housing production requirements; and, 3) affordable housing development assisting households up to 80 percent of the Area Median Income, subject to specific income and age targets.

For over five years, Family Services of Tulare County received either Community Development Block Grant (CDBG) or Housing Asset Funds to offset operating costs of Tulare Housing First I and II Bonus activities. These activities involve federal rental assistance vouchers and the utilization of permanent supportive housing units for chronically unhoused people from the City of Tulare. Given the over subscription to the City’s CDBG public services category in fiscal years 2023 and 2024, staff recommended the utilization of Housing Asset Funds, given the compatibility of this type of service, to satisfy a matching requirement for the Tulare Housing First I and II Bonus activities administered by Family Services of Tulare County.

Item #: 7.5
Consent
The continuation and stability of these activities prevent the displacement of clients within permanent supportive housing (PSH) and availability of the activities 12 PSH units for future unhoused people engaging services in the City of Tulare. Family Services of Tulare County, per staff’s recommendation, routinely seek alternative funding sources to replace the City’s annual allocation and relieve future commitments beyond fiscal year 2025. A copy of the full application submitted by Family Services of Tulare County is available as Attachment 2, though staff note a revised funding request of $21,000, as opposed to the initial request of $33,000.

FISCAL IMPACT & FUNDING SOURCES
Establishment of a Housing Successor Agency Fund (711) appropriation of up to $21,000 and use of Housing Successor Agency available fund balance in Fiscal Year 2025-2026.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

LEGAL REVIEW
This item does not require legal review.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
If the appropriation of funds for this homeless prevention activity is not approved, Family Services of Tulare County contends that the overall program will end and may cause the displacement of currently housed clients.

ATTACHMENTS

1. Resolution

2. Application from Family Services of Tulare County
Reviewed/Approved:

RESOLUTION 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE

AUTHORIZING THE ESTABLISHMENT OF A HOUSING SUCCEOR AGENCY FUND APPROPRIATION OF UP TO $21,000 AND USE OF FUND BALANCE FOR THE

IMPLEMENTATION OF A HOMELESS PREVENTION SERVICE WITH FAMILY SERVICES

OF TULARE COUNTY, AND AUTHORZING THE CITY MANAGER TO EXECUTE A

RELATED SERVICE AGREEMENT
WHEREAS, The City of Tulare (“City”) is the Housing Successor Agency (“Housing Successor”) to the former Tulare Redevelopment Agency (“Agency”); and WHEREAS, The Housing Successor is responsible for maintaining housing assets transferred from the former Agency and provide affordable housing for City residents through eligible projects and services; and
WHEREAS, Former Agency assets, and the revenues generated by those assets, are maintained in a Low- and Moderate-Income Housing Asset Fund; and WHEREAS, Housing Asset Funds may be expended upon related administrative costs up to $200,000 per year, homeless prevention and rapid rehousing services up to $250,000 per year, and affordable housing development assisting households up to 80 percent area median income; and
WHEREAS, Family Services of Tulare County submitted a complete and competitively evaluated application to the City’s Request for Proposals Number 25-818 in March 2025; and WHEREAS, Community Development Department staff contend that the homeless prevention service involving case management, mediation, and other tenant supportive services proposed by Family Services of Tulare County is an eligible homeless prevention and rehousing service per state Health and Safety Code Section 34176.1 and may receive an appropriation of funds from the City’s Housing Asset Fund; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows:

Section 1. The City Council hereby appropriates a maximum of $21,000 from unobligated Housing Asset Fund balance for operating costs in Fiscal Year 2025-2026 of a homeless prevention service implemented by Family Services of Tulare.

Section 2. The City Manager is hereby authorized and directed to execute a service agreement and related documents with Family Services of Tulare County for the continuation and implementation of a permanent supportive housing program for eligible unhoused people from the City of Tulare.

Section 3. The City Manager and their designee is further authorized to take any and all actions necessary to implement the terms of an agreement and ensure the timely and compliant implementation of the approved homeless prevention service.

Resolution 2025-XX

Page 2 ends

Tulare City CouncilJuly 15, 2025

Tulare City Council
July 15, 2025