Agenda packet — Tulare City Council, August 4, 2026 (part 1 of 2)

City of Tulare Page 1 of 4
City Council Meeting Notice & Agenda
Tuesday, August 4, 2026 - 5:30 p.m. Regular Meeting
City Council Chamber, 491 North M Street, Tulare, CA 93274 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 each month at the Council Chamber, located inside the Tulare Public Library, 491 North M Street, Tulare. Meetings are subject to cancellation. Additional meetings may be scheduled as needed.

City Council meetings are open to the public at the physical address listed above. You may attend these meetings in person or remotely through the City’s official remote platform as described below.

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

Those wishing to speak are encouraged to complete a Public Comment Card and submit it to the City Clerk prior to the start of the meeting. You may also submit written comments via e-mail to [email protected]. Please include your name and reference the agenda item you are commenting on, if any. Written comments received that do not specify an agenda item will be marked for the Public Comment section of the agenda. Emails received by noon on the date of the meeting will be provided to the City Council at the meeting and made part of the record of proceedings but will not be read aloud.

Comments by the public are limited to three minutes per speaker, unless otherwise extended by the Council. At the start of any agenda item, the mayor may limit the number of speakers or the time allotted per comment, depending on the number of participants and length of the agenda. When called upon to speak, begin by stating your name and city of residence.

Meeting agendas and related documents are available at www.tulare.ca.gov/agendas. Copies are also available for public inspection at the City Clerk’s Office, City Hall, 411 E. Kern Avenue, Second Floor, during regular business hours.

Individuals who require accommodations, auxiliary aids, or services necessary to participate in this meeting should contact the City Clerk's Office at (559) 684-4200 or [email protected]. The e-mail subject line should read "ADA Accommodation Request" or "Language Assistance" and the e-mail should include your name, address, telephone number, and a description of the request.

Remote Participation
Link to Join: https://bit.ly/3OE8hfz
Telephone Number: (669) 900-6833
Meeting ID: 810 7902 3401
Persons attending the meeting remotely will have the opportunity to provide comments at the appropriate times during the meeting. To speak during a public comment period, press *9 on your phone to raise your hand or click “Raise Hand” in the webinar. At the appropriate time, you will be prompted to unmute yourself and asked to identify yourself when providing public comment.

City Councilmembers
Patrick Isherwood, Mayor
Steve Harrell, Vice Mayor
Jose Sigala
Terry A. Sayre
Dennis A. Mederos
City Council Meeting Agenda Tuesday, August 4, 2026
City of Tulare Page 2 of 4

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION - Greg Peterson, Pastor of Sunrise Community 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 attending the meeting remotely, press *9 on your phone to raise your hand or click “Raise Hand” in the webinar.

4. 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.

5. COUNCIL REPORTS AND ITEMS OF INTEREST

6. 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.

6.1 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.

6.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of July 21, 2026. [M. Wilcox]

6.3 2026/2027 K/T AAA Agreements.

6.4 Notice of Completion – PK0039 Alpine Property Improvements.

6.5 Award Construction Contract for Project IT0055 Fire Station 25 Radio Equipment.

Recommended Action: [J. Bowling] Award and authorize the City Manager to sign contracts related to the construction of CIP Project IT0055 – Fire Station 25 Radio Equipment; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount.

Task Description Contractor Amount

1. Construction Contractor Apex Site Solutions Inc. $75,960

2. Labor Compliance Labor Consultants of California $8,100 City Council Meeting Agenda Tuesday, August 4, 2026
City of Tulare Page 3 of 4

6.6 Paragon Partners Consultants, Inc. Contract Change Order.

7. 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 attending the meeting remotely, press *9 on your phone to raise your hand or click “Raise Hand” in the webinar.

7.1 Amending the Established Speed Limits in the City of Tulare.

Recommended Action: Hold a public hearing and pass to print an ordinance amending the existing speed zones. [M. Miller]

8. 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 attending the meeting remotely, press *9 on your phone to raise your hand or click “Raise Hand” in the webinar.

8.1 Proposition 64 Public Health and Safety Grant.

8.2 Zumwalt Park Amphitheater - 2026 Concert Series Update.

9. FUTURE AGENDA ITEMS

9.1 Parkwood Meadows Park Volleyball Courts.

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

Submitted By: Councilmember Sigala

9.2 Request for a Future Discussion on the Pros and Cons of Data Centers.

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

Submitted By: Councilmember Sigala

10. STAFF UPDATES

11. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

11.1 Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code § 54956.9(d)(2): 1 case

12. RECONVENE FROM CLOSED SESSION

13. 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.

14. ADJOURNMENT
City Council Meeting Agenda Tuesday, August 4, 2026
City of Tulare Page 4 of 4
The next regularly scheduled meeting of the Tulare City Council is Tuesday, August 18, 2026, at 5:30 p.m. in the Council Chamber, 491 North M Street, Tulare.

AFFIDAVIT OF POSTING AGENDA
I, Melissa Wilcox, City Clerk & Public Affairs Director for the City of Tulare, do hereby certify, in conformance with Government Code Sections 54954.2, that the foregoing agenda was posted for public review on Friday, July 31, 2026.

Office of the City Manager
411 East Kern, Tulare, CA 93274
559.684.4200 | www.tulare.ca.gov
To: Mayor and City Councilmembers
From: Marc Mondell, City Manager
Subject: August 4, 2026 Agenda Memo
Date: July 31, 2026
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.
5:30 p.m. Regular Meeting

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION - Greg Peterson, Pastor of Sunrise Community Church, to deliver an invocation.

4. 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: 5:50 p.m.]

5. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 5:50 p.m.]

6.1 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.

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Agenda Memo - August 4, 2026

6.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of July 21, 2026. [M. Wilcox]

6.3 2026/2027 K/T AAA Agreements.

Recommended Action: Authorize the City Manager or designee to sign agreements with Kings/Tulare Area Agency on Aging (“K/T AAA”) for the City of Tulare to provide nutritional services through the 2026/2027 K/T AAA Senior Nutrition Program. [B. Beck] Alignment with Strategic Priorities: Quality of Life and Community Engagement Summary: Each year, the City of Tulare enters into yearly agreements with the Kings/Tulare Area Agency on Aging (“K/T AAA”) to provide nutrition services to the seniors in our community through the Senior Services Division. 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/T AAA for this fiscal year are summarized below:

1. Agreement K/T AAA 26/27-05 – total funding award $271,333 a. This agreement is the regular on-going agreement which is the basis for the daily meal program.

2. Agreement NM 26/27-05 - total funding award $66,820
a. This agreement pertains to nutritional modernization. This is the third time the City has received these funds and are to supplement the decrease to the regular federal funding.

3. Total 2026/2027 award - $338,153
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 the 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 staff to develop and expand current programs and services.

These funds will allow staff to provide a connection between the senior programs and the younger generations in the community through the intergenerational funding source.

Fiscal Impact & Funding Source(s): Funding associated with these agreements has been accounted for in the Fiscal Year 2027 budget.

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

Potential 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 20, 2026.

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Agenda Memo - August 4, 2026
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.

6.4 Notice of Completion – PK0039 Alpine Property Improvements.

Recommended Action: Accept as complete the contract with Clean Cut Landscaping, Inc, of Clovis, CA, for work on Project PK0039 Alpine Property Improvements; and authorize the City Engineer to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. [M. Miller] Alignment with Strategic Priorities: Quality of Life and Community Engagement Summary: Accept as complete the contract with Clean Cut Landscaping, Inc, of Clovis, CA, for work on Project PK0039 Alpine Property Improvements; and authorize the City Engineer to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office.

On December 16, 2025, City Council awarded a contract to Clean Cut Landscaping, Inc., of Clovis, CA, in the amount of $294,062.60.

Fiscal Impact & Funding Source(s): The project was funded through Fund 400 General CIP.

A summary of contract costs is as follows:

It addressed all bid item discrepancies, including underpayments and overages. The concrete sidewalk, concrete curb and gutter, and asphalt concrete bid items exceeded the estimated budget, while the unknown utility conflict bid item was not used. All items are now guaranteed to be completed at 100%. Because more items ran under than over, the bid items were adjusted to balance the totals, and the final contract amount was reduced.

All work required of Clean Cut Landscaping, Inc., under this contract has been completed in accordance with the approved plans and specifications. The contractor has also provided the required Maintenance Bond in the amount equal to 10% of the contract amount.

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

Potential 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 part of the agenda.

Alternative Action: 1) Approve with changes; 2) Deny - Should Council deny the request to accept the contract with the contractor as complete, the City will be prevented from releasing the retention payment owed to the Contractor and from filing a notice of completion with the County. This will postpone the start of the 1-year maintenance bond on the project. Without Tulare City Council Meeting Page 4 of 14
Agenda Memo - August 4, 2026
specific written findings justifying the delay in payment, the City could open itself up to litigation for damages caused by the delay; or 3) Table.

6.5 Award Construction Contract for Project IT0055 Fire Station 25 Radio Equipment.

Task Description Contractor Amount

1. Construction Contractor Apex Site Solutions Inc. $75,960

2. Labor Compliance Labor Consultants of California $8,100 Alignment with Strategic Priorities: Public Safety and Emergency Preparedness Summary: In May 2025, the City of Tulare entered into a memorandum of understanding (MOU) with Tulare County to use a recently constructed 140-ft communications tower at 2082 Foster Drive, Tulare, CA, for radio and communications services. Over the past several months, City of Tulare Public Safety and Information Technology staff have worked to develop a comprehensive project to add communications to this location. The scope of this project will add police and fire communications to this site, as well as infrastructure to read water meters. The tower's location and height make this an ideal site to add to the police and fire radio network.

The addition of this site will help ensure coverage in the growth areas on the east side of the city.

1. Construction Contract: Apex Site Solutions
City Council adopted the project design and budget for the Fire Station 25 Radio Equipment at the October 7, 2025 meeting. After the construction plans and specifications were completed, the City held a bid opening for Request for Bids 26-841 on July 14, 2026, at which one bid was opened. Apex Site Solutions Inc. of Elk Grove, CA submitted this bid, and it has been determined to be responsive to all requirements of the bid solicitation, in the amount of $75,690. Therefore, it is recommended that the construction contract be awarded to Apex Site Solutions in that amount.

2. Labor Compliance Monitoring: Labor Consultants of California This project is subject to Prevailing Wage requirements. To ensure proper wages are paid and accounted for in accordance with ever-changing state and federal requirements, it will be necessary to monitor labor compliance for contractors and consultants subject to these requirements. Due to the complexities involved, the City lacks the necessary expertise and resources to perform this work.

Labor Consultants of California, based in Hanford, CA, is included on the list of pre-qualified 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 scope of this project and proposes to perform the necessary services on a time-and-materials basis, not to exceed $8,100, in accordance with the provisions of their on-call contract. This amount is in line with industry standards and aligns with the City's experience on projects with similar scopes of work.

Fiscal Impact & Funding Source(s): The primary funding is a new appropriation from the Technology reserve, now included in the General CIP Fund, formerly known as Fund 603, the Technology CIP Fund. The remaining funding for the completion of this project will come from Tulare City Council Meeting Page 5 of 14
Agenda Memo - August 4, 2026
the approved project WT0049 Meter Upgrade. This funding has already been approved by the Board of Public Utilities Commissioners and will be used for the water meter reading equipment portion and for a share of the communications cabinet and power construction.

Environmental Review: This project is exempt pursuant to Sections 15268 (Ministerial Projects) and 15301 (existing facilities) of the California Environmental Quality Act.

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

Legal Review: Subsequent contract approval to be reviewed by the City Attorney.

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 - Reject all bids received for Project IT0055 and direct staff to re-bid the project; or 3) Table.

6.6 Paragon Partners Consultants, Inc. Contract Change Order.

Recommended Action: Authorize the City Engineer to execute a change order in the amount of $8,970 to an existing contract with Paragon Partners for right-of-way services associated with CIP Project EN0105 Hwy 99 Widening / Paige Avenue Interchange. [M. Miller] Alignment with Strategic Priorities: Infrastructure and Transportation Summary: As part of the Caltrans State Route 99 6-lane Widening and Paige Avenue Interchange Improvement Project, Caltrans will be constructing pedestrian improvements along the south side of Paige Avenue between K Street and Blackstone Street. Currently, there is insufficient right-of-way to construct City standard improvements at the southeast corner of Paige Avenue and K Street. The existing corner has traffic signal equipment and a private fence that would prevent the installation of an ADA-compliant path of travel. The traffic signal equipment at this corner is also frequently damaged by trucks making a northbound right-turn onto Paige Avenue. Obtaining the right-of-way necessary for the ultimate build-out of Paige Avenue and K Street across the property located at the southeast corner of the intersection would allow for Caltrans to install a City standard ramped curb return, as well as provide the right-of-way necessary for future widening of both roadways to their ultimate configuration with associated traffic signal modifications.

On November 4, 2025, City Council awarded a contract to Paragon Partners Consultants, Inc. in the amount of $15,550 for right-of-way services necessary to acquire the property described above. Services to be provided included conducting a survey of the subject property, preparing legal descriptions and exhibits for any proposed right-of-way acquisition, obtaining title reports, preparing an appraisal, developing an offer package, negotiating with property owners, and managing the opening and closing of escrow.

During negotiations with the affected property owner, they expressed concern regarding impacts to the portion of their property that has existing commercial development on it. This threatened to delay the acquisition process. To avoid impacting Caltrans’ project schedule for the Hwy 99 Widening and Paige Interchange Project, it was decided to reduce the scope of the proposed property acquisition such that there would be no impacts to the existing commercial uses. While not providing the ultimate right-of-way needed for future build-out of Paige Avenue between K Street and Blackstone Street, this reduced acquisition would still provide what is Tulare City Council Meeting Page 6 of 14
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necessary for both the Caltrans project and future improvements by the City to the intersection of Paige Avenue and K Street.

The change to the proposed right-of-way acquisition area required Paragon Partners Consultants, Inc. to prepare revised legal descriptions and exhibits, a revised appraisal, and to provide additional support services beyond the original scope of their contract. As such, they are requesting a contract change order in the amount of $8,970, which given the scope of additional services has been deemed reasonable by staff. The amount of the requested change order exceeds the 10% contingency authorized at the time of the original contract award, thereby requiring Council approval.

Fiscal Impact & Funding Source(s): CIP Project EN0105 Highway 99 Widening Utility Relocations is funded by the following sources:
• Fund 225 – Water Supply Facilities DIF Fund
• Fund 233 – State Highway Project DIF Fund
• Fund 406 – Wastewater CIP Fund
• Fund 407 – Water CIP Fund
Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential 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 part of the agenda.

Alternative Action: 1) Approve with changes - To the degree possible, staff will work with the consultant to implement changes or recommendations directed by Council; 2) Deny - Efforts to acquire additional right-of-way required for the Hwy 99 Widening and Paige Avenue Interchange Project and future City project to improve the intersection of Paige Avenue and K Street could not be completed; or 3) Table - Tabling the item could cause delays to the project delivery schedule for the Hwy 99 Widening and Paige Avenue Interchange Project.

7.1 Amending the Established Speed Limits in the City of Tulare.

Recommended Action: Hold a public hearing and pass to print an ordinance amending the existing speed zones. [M. Miller]
Alignment with Strategic Priorities: Infrastructure and Transportation Summary: Please refer to the attached staff report and excerpts from the 2026 Engineering and Traffic Survey Report prepared by Willdan Engineering. A copy of the proposed ordinance amending the established speed limits in the City of Tulare is also attached.

Fiscal Impact & Funding Source(s): Adoption of the proposed ordinance revising existing speed zones would result in expenditures associated with the purchase and installation of necessary signage.

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

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

Legal Review: The City Attorney has reviewed the 2026 Engineering and Traffic Survey Report and draft ordinance.

Public Notice: A notice of public hearing was published in the Visalia Times Delta on July 23, 2026, which is at least 10 days prior to the public hearing.

Alternative Action: 1) Approve with changes - To the degree possible, staff will work with the consultant to implement changes or recommendations directed by Council; 2) Deny - Outright rejection of the 2026 Engineering and Traffic Survey Report would prevent the City from meeting statutory requirements for speed zones to be enforced by radar or laser speed measurements; or 3) Table - Tabling the item will cause delays in adoption of speed limits that are based upon required engineering studies, resulting in a period of time in which speed zones may be not be enforceable by radar or laser speed measurements.

8.1 Proposition 64 Public Health and Safety Grant.

Recommended Action: Receive a presentation from Tulare County Office of Education (TCOE) on the Scope of Services included in the Proposition 64 (Prop 64) Public Health and Safety Grant Program; and adopt a resolution authorizing the City Manager to sign the grant agreements, amendments, and any related documents from the Board of State and Community Corrections (BSCC). [J. Bowling]
Alignment with Strategic Priorities: Quality of Life and Community Engagement Summary: Proposition 64, the Adult Use of Marijuana Act, was approved by California voters in 2016 and legalized the adult recreational use of cannabis. In addition to establishing a regulatory framework for the commercial cannabis industry, Prop 64 created a state tax on cannabis cultivation and retail sales. A portion of these tax revenues are distributed by the State of California through grant programs to support local governments and community organizations in addressing the public health and safety impacts associated with cannabis.

The funding identified in this agenda item is State of California Prop 64 tax revenue that is allocated to be grant funds required under Prop 64 and are restricted to eligible purposes established by the State. They do not represent the local cannabis tax proceeds generated by the City’s Measure Y.

Grant Information
Prop 64 Public Health and Safety Grants administered through BSCC are available to California cities and counties that allow retail cannabis sales.

In March 2026, TCOE approached the City and requested to partner on a project that would be eligible for Prop 64 funding. With the City’s approval, TCOE prepared and submitted an application with the City as the lead agency.

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In late June 2026, TCOE and the City were notified that the City with TCOE as a sub applicant were awarded $4,500,000. The performance period of the grant is 5.5 years, from July 1, 2026 through December 31, 2031.

Project Summary
The project, Empowering Youth Leaders: A Strategic Framework for Community Cannabis Prevention, strengthens illicit and underage cannabis use prevention in Tulare through an infrastructure grounded in youth voice and community change. An evergreen prevention program will be developed, drawing on Friday Night Live’s peer led model to shift youth attitudes and behaviors, while partnering with law enforcement to reduce illicit product sales. The project will support the establishment of a Tulare County Youth Council, which will co-design a data driven program guide, deliver culturally relevant education on laws and penalties, and guide the development and administration of a survey on perceptions and use. Findings from the survey will guide peer and community education and engagement initiatives and also inform enforcement and compliance strategies against the illicit market. Over five years, the initiative builds capacity of youth partners and community stakeholders, establishes baseline data local to Tulare, and scales responsive strategies that reduce youth access and harm. This work offers a model grounded in youth engagement and community partnerships that can be replicated statewide, creating an opportunity for broader investment.

Goals:
• Educate – Educate youth and adults about the laws, penalties, enforcement, and consequences with illicit and underage cannabis use through community outreach and partnerships.
• Increase – Increase community awareness of the risks associated with underage cannabis use to reduce the number of persons harmed by illicit cannabis use through local assessment and culturally relevant initiatives.
• Empower – Empower young people through positive youth development to create opportunities for educational activities and events that aim to reduce underage cannabis use and delay initiation among young people.
• Improve – Improve long-term well-being and resiliency of young people through skill building and leadership development opportunities, and the development of supportive youth and adult relationships.

Project Outcomes:
• Youth Council serving Tulare City and Tulare County
• Educational Materials
• Local Survey & Data Reports
• Presentations & Trainings to Community Stakeholders
• Youth Conferences for Tulare City and Tulare County Students • Community Partnerships
• Town Hall Meetings
• Underage Cannabis Prevention Guide
By investing in youth leaders and placing them at the forefront, this project will equip young people with valuable skills while creating positive social change.

Fiscal Impact & Funding Source(s): Through the duration of the Grant, the City of Tulare will receive approximately $375,000 ($75,000 per year) for grant administration.

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

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

Legal Review: The final grant agreement will be reviewed by the City Attorney.

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.

8.2 Zumwalt Park Amphitheater - 2026 Concert Series Update.

Recommended Action: Accept the 2026 mid-season concert series update and adopt a resolution amending the Fiscal Year 2026 Adopted Budget authorizing an increase of up to $160,000 to the General Fund Zumwalt Park Amphitheater Operations appropriation and use of General Fund balance for Zumwalt Park concert operational expenses, which will be offset by special one-time funds. [M. Mondell]
Alignment with Strategic Priorities: Economic Development Summary: Awareness and use of the renovated Zumwalt Park and Adventist Health Amphitheater along with the City’s concert series continues to grow in popularity, however, there remains some misunderstanding and misinformation in the community with regards to why the City pursued the project and the expectations for performance. This staff report is intended to provide an update and further clarification as well as request additional funding for the remainder of the 2026 concert season.

Why did the City redevelop Zumwalt Park?
The City is fully invested in redeveloping Tulare’s downtown. To do so the key is increasing the number of people downtown including; living, working, shopping, eating, drinking, entertaining and recreating. Many cities, including for example Visalia, have major employers located downtown (i.e., hospitals, corporate headquarters, government offices, convention centers, event centers, etc.) which in turn attract businesses to locate downtown to serve the people.

Unfortunately, Tulare’s downtown does not have major employers or significant attractions and so the City elected to redevelop Zumwalt Park to include an amphitheater and concert series to annually attract 30,000 to 50,000 people downtown.

Using rounded numbers, the City elected to utilize $5,000,000 in one-time federal ARPA grant funds, $5,000,000 in one-time developer park impact fees (which would have otherwise been required to be returned to the developers who paid them), and $5,000,000 in one-time general fund surplus dollars to cover the cost of the project. In all, the City effectively built a $15,000,000 state-of-the-art special event attraction for only $5,000,000 of its own funds. This represents a significant leveraging of other one-time grant and impact fees instead of just using local taxpayer’s funds.

Since project completion, there has been a steady increase in the number of new businesses and patrons visiting downtown as well as a dramatic increase in Park visitation.

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In terms of concert operations, from the beginning, management has stated the goal is to attract people to the downtown that will patronize businesses thereby increasing sales tax, hotel tax, and gas tax revenue to the City, and to generate enough annual concert related revenue to offset annual operating costs. Management has also advised that it would take at least three years to establish the venue and concert series during which time operational subsidy would likely be necessary. It is very common for cities to subsidize public uses that attract people downtown. For example, the City of Visalia expends $1,300,000 annually in subsidizing the convention center and $700,000 annually in subsidizing minor league baseball to attract people downtown.

In the first year of operation (2025), the concert series attracted 11,400 paid attendees including 73,000 total guests and 42,000 unique visits. Approximately 10% of attendees were from the City of Tulare. Attendees came from 12 states resulting in approximately 250 hotel nights.

Approximately $250,000 was generated in off-site retail sales. However, the original operator agreement included terms which due to limited ticket sales have not yet fully materialized. This resulted in the need to pivot away from the terms of the agreement whereby the operator only received a $5,000 fee per concert plus net bar proceeds. In addition, the operator utilized all sponsorship revenue to cover operational costs.

For the second year of operations (2026) the operator has continued to only receive a $5,000 fee per concert plus net bar proceeds and the City amended and extended the operator’s agreement through December 2027 including the following terms:
• City to waive the cost of police overtime
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• City to waive the sponsorship fee
• City to establish $250,000 artist deposit account
• City to allocate $75,000 for marketing
• City to allocate $175,000 for production, janitorial, and security • City to allocate $50,000 for Posada
In addition, on March 3, 2026, the City approved the use of up to $40,000 to cover the cost of the 250th Anniversary Independence Day event with the Sequoia Symphony. All the City’s costs for this event were covered by donations, ticket sales, and sponsorship. The operator’s costs were not fully covered and so they did not request their $5,000 operator fee and self-funded their expenses as a donation.

Also, on May 5, 2026, the City approved the use of up to $132,000 in support of one additional Hispanic concert in partnership between the operator and the ROOX Agency to be held on September 13, 2026. Given that the ROOX Agency has extensive experience with Hispanic events, and assuming success, the intention going forward is that the parties will continue partner on all future Hispanic concerts the terms of which are to be determined.

There has been ongoing dialogue in the community regarding the operational cost of the concerts. This is understandable in that the goal is for concert revenue to cover concert expenses but due to insufficient ticket sales the series continues to require City subsidy.

However, it is important to recognize that from the beginning it was clear that subsidies would be likely be required for at least the first three years of operations and so in management’s opinion we are currently on track with what was anticipated. Also, as has already been stated, many cities annually subsidize public use facilities (ie. airports, convention centers, performance centers, baseball stadiums, etc.) to attract visitors to their community, which in turn helps local businesses and generates tax revenue. Finally, recall the City spends approximately $2,000,000 on park maintenance and $1,000,000 on park programming in addition to Zumwalt Park without any return on investment.

Concert Series Update
The primary goal in the first year of operations was to establish and increase awareness of the venue. The primary goal in the second year of operations is to increase local attendance from 10% to 25% and to diversify the type of shows to see what works. Management is working now to develop a strategy to reduce costs and increase ticket sales in the third year of operations, which is briefly discussed in the following section.

The concert series is currently approximately half-way through the second year of operations with a total of 12 concert/shows planned (5 remaining). There are a variety of expenses associated with each concert/show which have been shared between the City and operator.

While the original operator agreement called for the City to receive 80% of sponsorships and the operator to receive 20% of sponsorships plus a portion of ticket revenue, due to limited ticket sales, both parties have been using all revenues to cover operating expenses. The following summarizes the projected revenues and expenses through the end of this year:

Total Revenue
• $436,135 (Including ticket sales, sponsorship, net bar, other miscellaneous) Operator Expenses
• $418,861 (Artist deposits, hotel, insurance, riders, staffing, non-profit fee, marketing, food and beverage, photography, licensing, transportation, supplies, other business)
Tulare City Council Meeting Page 12 of 14
Agenda Memo - August 4, 2026
Operator Cash on Hand
• $17,274 (To be applied to future concerts/shows)
The operator has been using concert/show revenue to offset operational expenses and has been receiving net bar proceeds and a $5,000 operator fee per concert/show. However, the operator has been using the net bar proceeds to offset any remaining operational expenses and using the operator fee to cover their personal expenses which means the operator is currently losing money. In fact, the operator did not bill the City its fee for the July 4th event and paid their expenses out of pocket as a donation.

In addition, the City has been providing an annual subsidy to cover its portion of operational expenses which include larger ticket items as follows:

City Expenses
• $868,107 (Including artist deposits, production, security, janitorial, video, and marketing)
City Subsidy
• $687,000 (Including $550,000 approved 12-16-25 and $132,000 approved 05-05-26) Required Subsidy
• $181,107 (City currently has a limited fund balance to be used on future shows) Management is requesting an additional subsidy of $160,000 to cover remaining projected operational costs by the end of this calendar year. Management believes the additional subsidy is warranted for the following reasons:
• The primary goal of this year’s concert series was to increase local ticket sales from 10% to 25%, management is pleased to advise that local ticket sales are averaging 39.8% per concert/show.
• In 2025 the average concert attendance was 1,900, in 2026 that number increased to 2,400.
• The concerts/shows are having a positive impact on local businesses, non-profits, and guests, as documented in the attached letters of support (over 400 letters). • Staff are having the City’s economic consultant (Kosmont) update the mid-season concert series economic impact analysis which will be presented at the Council meeting. • Staff have identified several sources of special one-time funds that can be used to cover the additional subsidy expense rather than using General Fund dollars or surplus reserves.

In addition, management is actively working to identify other means by which we can reduce operational costs next year as well as increase ticket revenue and sponsorship.

Potential Changes for Next Year
The current operator agreement expires in December 2027 therefore management is currently contemplating an operating contract amendment to be presented to City Council in December as part of the annual report including the following preliminary terms:
• 3 year term with two (1) year renewals
• City to provide ticketing platform
Tulare City Council Meeting Page 13 of 14
Agenda Memo - August 4, 2026
• City to hire full-time recreation coordinator to work part-time on group sales • City to receive all event revenue including ticket sales and sponsorships and be responsible for all event expenses (operator to receive 20% of sponsorship revenue) • Operator to pursue national corporate sponsorships
• Operator to receive a per event fee (dollar amount to be determined) • Operator to receive all net proceeds from food and beverage sales • Operator to work with ROOX Agency on all Hispanic shows (terms to be determined post September show)
Fiscal Impact & Funding Source(s): When an increased appropriation is not offset by directly associated revenues, the appropriate means of accounting for the increased expenses is to authorize the use of fund balance for it. However, as noted herein, various revenues are, or are expected to be, available to offset the proposed increase. These revenues are not from ongoing recurring sources or current General Fund operational dollars. Rather, they are special onetime funds including greater than anticipated investment earnings, tax credits, increased loan repayment, and increased utility user fees, which will offset the cost.

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

Potential 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 part of the agenda.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If the City does not approve the use of special one-time funds to offset a portion of current concert operational expenses, then contractual obligations will not be satisfied resulting in possible claims.

9. FUTURE AGENDA ITEMS [Time Estimate: 7:15 p.m.]

9.1 Parkwood Meadows Park Volleyball Courts.

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

Submitted by: Councilmember Sigala

9.2 Request for a Future Discussion on the Pros and Cons of Data Centers.

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

Submitted by: Councilmember Sigala

10. STAFF UPDATES [Time Estimate: 7:20 p.m.]

11. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING [Time Estimate: 7:25 p.m.]

11.1 Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code § 54956.9(d)(2): 1 case

12. RECONVENE FROM CLOSED SESSION [Time Estimate: 7:45 p.m.]

13. 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.

Tulare City Council Meeting Page 14 of 14
Agenda Memo - August 4, 2026

14. ADJOURNMENT [Time Estimate: 7:45 p.m.]
The next regularly scheduled meeting of the Tulare City Council is Tuesday, August 18, 2026, at 5:30 p.m. in the Council Chamber, 491 North M Street, Tulare.

Item #: 6.2
Consent
Staff Report
City Council
Date: August 4, 2026
Department: City Clerk
Submitted by: Melissa Wilcox, City Clerk & Public Affairs Director Agenda Title: Approval of the City Council Meeting Minutes

RECOMMENDED ACTION
Approve the minutes of the special and/or regular meeting of July 21, 2026.

ALIGNMENT WITH STRATEGIC PRIORITIES
Not Applicable

SUMMARY
The meeting minutes for the July 21, 2026 meeting are provided for Council review and approval.

FISCAL IMPACT & FUNDING SOURCES
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).

POTENTIAL 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

ATTACHMENTS

1. Meeting Minutes
Reviewed/Approved: MM
City of Tulare Page 1 of 5
City Council Meeting Minutes
Tuesday, July 21, 2026 - 5:30 p.m. Regular Meeting
City Council Chamber, 491 North M Street, Tulare, California Proper notice of this regular meeting of the Tulare City Council was given pursuant to California Government Code Section 54954.2.

City Council Present: Mayor Patrick Isherwood, Vice Mayor Stephen C. Harrell, Jose Sigala, Terry A.

Sayre, Dennis A. Mederos
Staff Present: City Manager Marc Mondell; Assistant City Attorney Christina Smith; City Clerk & Public Affairs Director Melissa Wilcox; Assistant City Manager Thomas W. Gaffery IV; Deputy City Manager/Chief Technology Officer Jason Bowling; Chief Financial Officer Mark Roberts; City Engineer Michael Miller; Assistant Public Works Director Jan Bowen; Community Services Director Chris Orr; Police Chief Fred Ynclan; Fire Chief Michael Ott; General Services Director Manny Correa; Executive Director of Economic Development & Redevelopment Jennifer Gomez; Human Resources Director Janie Venegas

1. CALL TO ORDER
Mayor Isherwood called to order the regular meeting of the Tulare City Council at 5:32 p.m. in the Council Chamber located at 491 North M Street.

2. PLEDGE OF ALLEGIANCE AND INVOCATION
Police Captain Greg Merrill led the Pledge of Allegiance, and an invocation was given by Noel Stout, Pastor of Tulare First Methodist Church.

3. PUBLIC COMMENT
Alberto Aguilar addressed the Council regarding the work of the Cesar Chavez Park Review Committee.

Robyn Jones and Jay Brock addressed the Council regarding issues with a short-term rental located on Dorset Street expressing safety concerns and nuisance issues.

Xander Tapia addressed the Council expressing a need for investment in the youth.

4. PRESENTATIONS

4.1 New Employee Introductions. City staff hired between January 1, 2026, through June 30, 2026, were introduced to the City Council and community.

4.2 Tulare Chamber of Commerce Annual Report and TBIZ Update. Donnette Silva and Jacob Fraga provided the annual report for the Tulare Chamber of Commerce and the Tulare Business Innovation Zone (TBIZ). Questions posed by Council were responded to by Ms. Silva and City staff.

5. COMMUNICATIONS
City Manager Mondell acknowledged the letters received from Alberto Aguilar addressed to the City Council regarding the Cesar Chavez Park Review Committee.

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

City Council Meeting Minutes Tuesday, July 21, 2026
City of Tulare Page 2 of 5

7. CONSENT CALENDAR
Item 7.7 was removed from the Consent Calendar.

It was moved by Councilmember Sigala, seconded by Councilmember Mederos, and unanimously carried to approve the items on the Consent Calendar as presented except for item 7.7.

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 July 7, 2026. [M. Wilcox]

7.3 Asphalt Contract with Deer Creek.

Recommended Action: Award and authorize the City Manager to sign a contract with Jaxon Enterprises, DBA Deer Creek Asphalt (Deer Creek), of Redding, CA in the amount of $68/ton for 3/8” Plant Run Cold Mix with Oil, $63/ton for ½” Plant Run Cold Mix with Oil and $61/ton for ½” Hot Asphalt Concrete; subject to minor conforming or clarifying changes acceptable to the City Attorney. [T. Whitfield]

7.4 Purchase of 2027 Ford Police Interceptors.

Recommended Action: Award the purchase of seven new/unused 2027 Ford Police Interceptor Utility vehicles to National Auto Fleet Group of Watsonville, CA using Sourcewell Contract No. 081325-NAF in the amount of $398,852.16. [T. Whitfield]

7.5 Quitclaim Deed for APN 182-350-011.

Recommended Action: Approve a Quitclaim Deed from the County of Tulare transferring any and all rights to the real property identified as Assessor’s Parcel Number 182-350-011, located on Foster Drive between Laspina Street and Sunrise Street, to the City of Tulare; and authorize the City Manager to sign the respective Certificate of Acceptance. [M. Miller]

7.6 Grant Deed and Relinquishment of Access Rights for APN 169-360-047.

Recommended Action: Accept a grant deed in fee interest from Isabel Casanova Ruiz as Prosperity Avenue right-of-way dedication across the frontage of 1039 W. Prosperity Avenue (APN No. 169-360-047); accept a relinquishment of access rights across a portion of said property frontage; and authorize the City Manager to execute the respective Certificate(s) of Acceptance and any related documents. [M. Miller]

7.8 Caltrans Easement Acquisition for APN 182-350-011.

Recommended Action: Authorize the City Manager, or designee, to execute all documents required for the sale of easement rights to the State of California for the benefit of Southern California Edison covering a portion of Assessor’s Parcel Number 182-350-011; and authorize the City Manager or designee to execute a Certificate of Conveyance and all other documentation necessary to accept compensation and complete conveyance. [M. Miller]

7.9 Consulting Services for Land-Use/Permitting System Replacement.

Recommended Action: Approve a Professional Services Agreement with Plante Moran in the amount of $238,250 ($149,990 for core services, and $88,260 for optional services) for consulting services related to the implementation of a new land use/permitting system (RFP 26-850), subject to minor and clarifying changes approved by both the City Attorney and the City Manager; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($23,825). [J. Bowling]
City Council Meeting Minutes Tuesday, July 21, 2026
City of Tulare Page 3 of 5

7.10 Technology Disaster Recovery Site Partnership with the City of Merced.

Recommended Action: Approve a Technology Disaster Recovery Site Partnership Memorandum of Understanding (MOU) between the City of Tulare and City of Merced and authorize the City Manager to execute the MOU and any administrative documents necessary to implement the MOU. [J. Bowling]

7.11 Award for Tulare Animal Services Strategic Plan Consultant.

Recommended Action: Award and authorize the City Manager to execute a contract with Matrix Consulting Group in an amount not to exceed $65,900 to conduct a comprehensive operational study and strategic plan for Tulare Animal Services. [F. Ynclan]

7.12 Capital Improvement Project Dashboards for July 2026.

Recommended Action: Accept the Capital Improvement Project Dashboards for July 2026. [M.

Miller]

7.13 Recognition of Ex-Officio City Clerk Appointment.

Recommended Action: Adopt a resolution reaffirming the appointment of the City Manager to the Office of the City Clerk and recognizing the City Manager’s appointment of Melissa Wilcox as Ex-Officio City Clerk effective July 11, 2026. [M. Mondell]

ITEM(S) PULLED FROM CONSENT CALENDAR

7.7 All-Way Stop Designation for the Intersection of Foster Drive and Turner Drive.

Recommended Action: Adopt a resolution designating the intersection of Foster Drive and Turner Drive as an all-way stop intersection and authorizing the installation of corresponding stop control. [M. Miller]
Council Action: This item was pulled by Vice Mayor Harrell who stated he has a conflict of interest and recused himself. Mr. Harrell left the dais for discussion of the item. City Manager Mondell advised of his desire to table this item for three months for additional research. It was moved by Councilmember Sigala, seconded by Councilmember Sayre, and carried 4 to 0 (Vice Mayor Harrell recused) to approve the item as presented.

8. PUBLIC HEARING

8.1 Landscape Maintenance Assessments for Fiscal Year 2027.

Recommended Action: Hold a public hearing; adopt a resolution confirming diagram and landscape maintenance assessments and levying assessments for Fiscal Year 2027; and authorize the City Manager or designee to execute the Compliance Certification and Hold Harmless Statement regarding the assessment of fees.

Presented By: City Engineer Miller
Public Comment: The public hearing was opened at 6:52 p.m. Receiving no comments, the public hearing was closed at 6:52 p.m.

Council Action: Questions posed by Council were responded to by staff. It was moved by Councilmember Mederos, seconded by Councilmember Sigala, and unanimously carried to approve the item as presented.

8.2 Resolution of Necessity for APN 172-370-032.

Recommended Action: Adopt a resolution of necessity for APN 172-370-032 (“Property”) authorizing the City Attorney to take the necessary steps to finalize the acquisition of the overhead utility easement. (Continue to August 18, 2026)
Presented By: Assistant City Manager Gaffery
Public Comment: The public hearing was opened at 6:58 p.m. Receiving no comments, the public hearing was closed at 6:59 p.m.

Council Action: It was moved by Councilmember Mederos, seconded by Councilmember Sayre, and unanimously carried to continue this item to the August 18, 2026 meeting.

City Council Meeting Minutes Tuesday, July 21, 2026
City of Tulare Page 4 of 5

9. GENERAL BUSINESS

9.1 2026 Citywide Speed Zone Study Presentation.

Recommended Action: Receive a presentation from Willdan Engineering regarding the findings and recommendations of the 2026 Citywide Speed Zone Study, and set August 4, 2026 as the public hearing date for adoption of an ordinance amending the existing speed zones.

Presented By: City Engineer Miller; Nicolle Spann, Senior Engineer with Willdan Public Comment: Robyn Jones addressed the Council regarding the speed on Mooney Boulevard between Cartmill Avenue and Visalia.

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

9.2 Economic Development Quarterly & June Updates.

Recommended Action: Receive an update on economic development activities.

Presented By: Executive Director of Economic Development & Redevelopment Gomez Public Comment: There were no public comments.

Council Action: Councilmember Mederos inquired about the development that appears to be at a standstill on the northwest corner of Tulare Avenue and K Street. Councilmember Sigala inquired about the development off the Santa Fe Trail. Staff provided responses thereto. This item was informational only; therefore, no action was taken.

9.3 Strategic Plan Status Update.

Recommended Action: Receive a status update of the City’s strategic plan.

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

Council Action: This item was informational only; therefore, no action was taken.

10. FUTURE AGENDA ITEMS - NONE SUBMITTED

11. STAFF UPDATES
Staff provided updates on department activities. City Manager Mondell advised that a mid-year report for the concert season will be provided at the August 4 meeting. Mr. Mondell also provided an update on the sales tax measure and new community calendar.

12. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING ITEMS

12.1 Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Govt. Code § 54956.9(d)(2) or (3): 1 case Name of Case: Aguayo, Misael (Dec’d) vs. City of Tulare Worker’s Compensation Case: FR230627
Council recessed to closed session at 7:49 p.m.

13. RECONVENE FROM CLOSED SESSION
Council reconvened from closed session at 7:55 p.m.

14. CLOSED SESSION REPORT
There was no reportable action.

City Council Meeting Minutes Tuesday, July 21, 2026
City of Tulare Page 5 of 5

15. ADJOURNMENT
Seeing no further business to discuss, Mayor Isherwood adjourned the regular meeting at 7:55 p.m.

This is to certify that the foregoing is a true and correct copy of the minutes of the special and/or regular meeting held on July 21, 2026, as approved by the Tulare City Council.

Melissa Wilcox, City Clerk & Public Affairs Director
Item #: 6.3
Consent
Staff Report
City Council
Date: August 4, 2026
Department: Community Services - Senior Services
Submitted by: Brian Beck, Assistant Community Services Director Agenda Title: 2026/2027 K/T AAA Agreements

RECOMMENDED ACTION
Authorize the City Manager or designee to sign agreements with Kings/Tulare Area Agency on Aging (“K/T AAA”) for the City of Tulare to provide nutritional services through the 2026/2027 K/T AAA Senior Nutrition Program.

ALIGNMENT WITH STRATEGIC PRIORITIES
Quality of Life and Community Engagement

SUMMARY
Each year, the City of Tulare enters into yearly agreements with the Kings/Tulare Area Agency on Aging (“K/T AAA”) to provide nutrition services to the seniors in our community through the Senior Services Division. 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/T AAA for this fiscal year are summarized below:

1. Agreement K/T AAA 26/27-05 – total funding award $271,333 a. This agreement is the regular on-going agreement which is the basis for the daily meal program.

3. Total 2026/2027 award - $338,153
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 staff to develop and expand current programs and services.

These funds will allow staff to provide a connection between the senior programs and the younger generations in the community through the intergenerational funding source.

FISCAL IMPACT & FUNDING SOURCES
Funding associated with these agreements has been accounted for in the Fiscal Year 2027 budget.

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

POTENTIAL 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 20, 2026.

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/T AAA Agreement 26/27-05

2. K/T AAA NM Agreement 26/27-05
Reviewed/Approved: MM
Base
FY 2026-2027
AGREEMENT NO: K/T AAA 26/27-05
CONTRACTOR: City of Tulare

Kings/Tulare Area Agency on Aging 2 Agreement No: K/T AAA 26/27-05

AGREEMENT
THIS AGREEMENT (“Agreement”) is entered into on
, between the KINGS/TULARE AREA AGENCY ON AGING, hereinafter referred to as “K/T AAA” and CITY OF TULARE (COT), hereinafter referred to as “Contractor.,” K/T AAA and Contractor are each a “Party” and together are the “Parties” to this Agreement, which is made with reference to the following:

A. WHEREAS, per the Joint Powers Authority the K/T AAA is responsible for overseeing the Older Americans Act programs and has chosen to contract with community partners to deliver services; and
B. WHEREAS, the Contractor has been found to have the ability to provide services through a Request For Proposal process; and
C. WHEREAS, at its meeting on May 11, 2026; the K/T AAA Governing Board authorized K/T AAA to enter into an agreement with Contractor to provide the aforementioned services in an amount not-to-exceed $271,333; and D. NOW, THEREFORE, in consideration of the promises contained herein, the Parties are willing to enter into this Agreement upon the terms and conditions set forth herein.

ACCORDINGLY, IT IS AGREED:

1. TERM: This Agreement shall become effective as of July 1, 2026, and shall terminate on June 30, 2027. No obligations may be incurred after June 30, 2027.

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.

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.

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.

5. ASSURANCES: As the Contractor is receiving funding from Title III, Title VII, and/or the State-Funded Consolidated Block Grant, Contractor must also comply with Exhibit D, entitled Additional Provisions.

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.

Kings/Tulare Area Agency on Aging 3 Agreement No: K/T AAA 26/27-05

7. CONTRACT AWARD AND UNITS OF SERVICE: Contractor shall be paid an amount not to exceed TWO HUNDRED SEVENTY-ONE THOUSAND THREE HUNDRED THIRTY-THREE dollars ($271,333) 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.

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.

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

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.

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

Kings/Tulare Area Agency on Aging 4 Agreement No: K/T AAA 26/27-05 AAA shall have no right to control or exercise any supervision over Contractor as to how the services will be performed. As Contractor is not K/T AAA’s employee, Contractor is responsible for paying all required State and Federal taxes. In particular, K/T AAA will not:

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

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

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

4. Make disability insurance contributions on behalf of Contractor.

5. Obtain unemployment compensation insurance on behalf of Contractor.

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

13. INDEMNIFICATION: 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 Base agreement and any of the exhibits, the terms of this Base 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:

Kings/Tulare Area Agency on Aging 5 Agreement No: K/T AAA 26/27-05 K/T AAA:

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

City of Tulare
411 E. Kern
Tulare CA 93274
Fax No.: (559) 685-2329 Phone No.: (559) 685-2330
B. Notice personally delivered is effective when delivered. Notice sent by facsimile transmission is deemed to be received upon successful transmission. Notice sent by first-class mail shall be deemed received on the fifth day after the date of mailing. Either Party may change the above address by giving written notice pursuant to this paragraph without the need to execute an amendment.

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.

Kings/Tulare Area Agency on Aging 6 Agreement No: K/T AAA 26/27-05

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 subcontractors.

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 the necessary licensing and certification to provide the services required by this Agreement, 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. 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.

Kings/Tulare Area Agency on Aging 7 Agreement No: K/T AAA 26/27-05 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.

30. 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.

31. NONDISCRIMINATION IN STATE AND FEDERALLY ASSISTED
PROGRAMS:

BY SIGNING THIS AGREEMENT, CONTRACTOR HEREBY AGREES that it will comply with Title VI and VII of the Civil Rights Act of 1964 as amended; Section 504 of the Rehabilitation Act of 1973 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 group identification, age, sex, color, disability, medical condition, national origin, race, 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

Kings/Tulare Area Agency on Aging 8 Agreement No: K/T AAA 26/27-05 federal or State financial assistance; and HEREBY GIVES ASSURANCE THAT it 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 which have the effect of subjecting individuals to discrimination or defeating the objectives of the California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Chapter 21, will be prohibited.

BY ACCEPTING THIS ASSURANCE, 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/ CDSS, and/or federal government personnel, during normal working hours, to review such records, books and accounts as needed to ascertain compliance. If there are any violations of this assurance, the State/CDSS shall have the right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code section 10605, or Government Code sections 11135-11139.5, or any other laws, or the issue may be referred to the appropriate federal agency for further compliance action and enforcement of this assurance.

THIS ASSURANCE is binding on the Contractor directly or through contract, license, or other provider services, as long as it receives federal or State assistance. THIS ASSURANCE is binding on the Contractor directly or through contract, license, or other provider 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:
https://www.dgs.ca.gov/ols/resources/page-content/office-of-legal-services-resources-listfolder/standard-contract-language

Kings/Tulare Area Agency on Aging 9 Agreement No: K/T AAA 26/27-05

37. TERMINATION CLAUSE: K/T AAA reserves the right to terminate this Agreement, either for cause or for convenience pursuant to Exhibit C, “Special Terms and Conditions.” Upon receipt of notice of termination, the Contractor shall immediately cease all activities and incur no further obligations, except as mutually agreed upon. In the event of such termination, the Contractor shall be compensated for all authorized, allowable services satisfactorily performed up to the date of termination. [THIS SPACE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE TO FOLLOW]

Kings/Tulare Area Agency on Aging 10 Agreement No: K/T AAA 26/27-05 THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.

CONTRACTOR
By Date
Title
By Date
Title

K/T AAA
By Date
Title
Pursuant to Corporations Code Section 313, K/T AAA requires that contracts with a corporation 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. Similarly, pursuant to California Corporations Code section 17703.01, K/T AAA requires that contracts with a Limited Liability Company be signed by at least two managers, unless the contract is accompanied by a certified copy of the articles of organization stating that the LLC is managed by only one manager.

Kings/Tulare Area Agency on Aging 11 Agreement No: K/T AAA 26/27-05 Exhibits – Table of Contents
EXHIBIT A: GENERAL SCOPE OF WORK ............................................................................ 13 ARTICLE I. DEFINITIONS .................................................................................................... 13 ARTICLE II. SCOPE OF WORK ............................................................................................ 17 EXHIBIT B: BUDGET DETAIL, PAYMENT PROVISIONS, AND CLOSEOUT................. 24 ARTICLE I. FUNDS ................................................................................................................ 24 ARTICLE II. BUDGET AND BUDGET REVISION ............................................................. 28 ARTICLE III. PROGRAM SPECIFIC BUDGET AND BUDGET REVISION.................... 31 ARTICLE IV. PAYMENTS.................................................................................................... 32 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.................................................................................................. 43 ARTICLE IV. COMMENCEMENT OF WORK..................................................................... 43 ARTICLE V. SUBCONTRACTS ............................................................................................ 43 ARTICLE VI. RECORDS........................................................................................................ 45 ARTICLE VII. PROPERTY..................................................................................................... 46 ARTICLE VIII. ACCESS......................................................................................................... 48 ARTICLE IX. MONITORING AND EVALUATION............................................................ 48 ARTICLE X. AUDIT REQUIREMENTS ............................................................................... 49 ARTICLE XI. INSURANCE ................................................................................................... 54 ARTICLE XII. TERMINATION ............................................................................................. 56 ARTICLE XIII. REMEDIES.................................................................................................... 58 ARTICLE XIV. DISSOLUTION OF ENTITY ....................................................................... 59 ARTICLE XV. AMENDMENTS, REVISIONS OR MODIFICATIONS............................... 59 ARTICLE XVI. NOTICES....................................................................................................... 59 ARTICLE XVII. K/T AAA CONTACT .................................................................................. 60 ARTICLE XVIII. INFORMATION CONFIDENTIALITY AND SECURITY...................... 60 ARTICLE XIX. COPYRIGHTS AND RIGHTS IN DATA.................................................... 69 ARTICLE XX. PUBLIC EDUCATION AND INFORMATION............................................ 71 EXHIBIT D: ADDITIONAL PROVISIONS ............................................................................... 75 ARTICLE I. ASSURANCES SPECIFIC TO THIS AGREEMENT ....................................... 75 ARTICLE II. REPORTING PROVISIONS............................................................................. 79 ARTICLE III. APPEAL PROCESS ......................................................................................... 81 ARTICLE IV. TRANSITION PLAN....................................................................................... 81 EXHIBIT E: HIPAA REQUIREMENT (Updated version 04/18/18)......................................... 83 EXHIBIT F: CONTRACT AWARD AND UNITS OF SERVICE ............................................ 92 EXHIBIT G: PROGRAM SCOPE OF WORK........................................................................... 93 SCOPE OF WORK: TITLE III-C: SENIOR NUTRITION SERVICES ................................ 93

Kings/Tulare Area Agency on Aging 12 Agreement No: K/T AAA 26/27-05 EXHIBIT H: CULTURAL COMPETENCE AND DIVERSITY.............................................. 109

Kings/Tulare Area Agency on Aging 13 Agreement No: K/T AAA 26/27-05 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 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.
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:

Kings/Tulare Area Agency on Aging 14 Agreement No: K/T AAA 26/27-05 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.)
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.

5. 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.

6. 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)]

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

8. 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.

9. 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.).

10. Nutrition Counseling: individualized guidance to individuals who are at nutritional risk because of their health or nutrition history, dietary intake, chronic illnesses, or medications use, or to caregivers. Counseling is provided one-on-one by a registered dietitian and addresses the options and methods for improving nutrition status. Nutrition counseling may be made either in person or by any other means deemed appropriate (e.g., telephone, emails, etc.)

11. 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

Kings/Tulare Area Agency on Aging 15 Agreement No: K/T AAA 26/27-05 personal preferences; and is overseen by a registered dietitian or individual of comparable expertise as defined in the OAA.

12. 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.

13. Older relative caregiver means a caregiver who is – a. Is age 55 or older; and
b. 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. c. 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.
d. 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)]

14. 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)]
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)]

Kings/Tulare Area Agency on Aging 16 Agreement No: K/T AAA 26/27-05 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)]

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

16. 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 CDA grand funds.

17. 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.

18. Title III C-1 (Congregate Nutrition Services) means nutrition services for older individuals in an in-person or virtual congregate setting. Services include meals, nutrition education, nutrition risk screening and opportunities for socialization.

Each meal shall provide one-third (1/3) of the Dietary Reference Intakes (DRI) and comply with the current Dietary Guidelines for Americans. To be an eligible Title III C-1 congregate nutrition site, the site must meet all of the following criteria: [22 CCR 7135]
a. Be open to the public. [45 CFR 1321.55(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)]

Kings/Tulare Area Agency on Aging 17 Agreement No: K/T AAA 26/27-05

19. To-Go Meals: meals that are picked up by individuals 60 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. All to-go meals served on the day a virtual activity is provided are considered C-1 meals. The nutrition provider is not required to track client confirmation of intent to attend the virtual activity. b. C-2: All to-go meals served on the day a virtual activity is not provided are considered C-2 meals.

20. 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 education, and nutrition risk screening.

Each meal shall provide one-third (1/3) of the Dietary Reference Intakes (DRI) and comply with the current Dietary Guidelines for Americans. [22 CCR 7135]

21. Wait List: a list of individuals eligible for an OAA service, established and maintained by the service provider, when the service provider has reached capacity and is unable to provide the OAA service to all eligible individuals who request the service.

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.

2. Shall make every effort to meet the goals and objectives stipulated in the fouryear Area Plan and annual updates of the Area Plan’s Goals, Objectives, and Service Unit Plan. Performance shall not be unilaterally reduced or otherwise changed without prior consultation with, and written approval from the K/T AAA.

A service level reduction of greater than ten percent (10%) requires written approval from CDA.

Kings/Tulare Area Agency on Aging 18 Agreement No: K/T AAA 26/27-05

3. 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.

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

5. 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.

6. 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.

7. 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.

8. 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.

9. 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).

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

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

Kings/Tulare Area Agency on Aging 19 Agreement No: K/T AAA 26/27-05

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

13. 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).

14. 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.

15. 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.

16. Comply with the monitoring of nutrition programs by the K/T AAA Registered Dietitian (RD). 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 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)]

17. 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).

Kings/Tulare Area Agency on Aging 20 Agreement No: K/T AAA 26/27-05

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

19. 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.

20. Provide program information and assistance to the public.

21. 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.

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

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

24. 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).

25. 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,

Kings/Tulare Area Agency on Aging 21 Agreement No: K/T AAA 26/27-05 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
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

26. Ensure that meal counts associated with Title III C-1, C-2 and NSIP are in accordance 22 CCR 7638.7.

27. Offer a meal to a volunteer under age of sixty (60) if doing so will not deprive an older individual of a meal. [CCR 7636.9(b)(3); CCR 7638.7(b); and OAA § 339(2)(H)] 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)]

Kings/Tulare Area Agency on Aging 22 Agreement No: K/T AAA 26/27-05

28. 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).

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

30. 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.

31. 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]

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

Legislature, 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

Kings/Tulare Area Agency on Aging 23 Agreement No: K/T AAA 26/27-05 needs of applicants on the Wait List; and assigning priority for enrollment based on Wait list.

33. Comply with all applicable State and federal laws.

Kings/Tulare Area Agency on Aging 24 Agreement No: K/T AAA 26/27-05 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://hrmanual.calhr.ca.gov/Home/ManualItem/1/2203
Out of State:
https://hrmanual.calhr.ca.gov/Home/ManualItem/1/2201
This is not to be construed as limiting the Contractor from paying any differences in costs, from funds other than those provided by K/T AAA, between the CalHR rates and any rates the Contractor is obligated to pay under other contractual agreements. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State. [SCM 3.17.2.A(4)]
Contractor agrees to include these requirements in all contracts it enters into with subcontractors to provide services pursuant to this Agreement.

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

B. Accountability for Funds

1. 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]

Kings/Tulare Area Agency on Aging 25 Agreement No: K/T AAA 26/27-05

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

D. Availability of Funds

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

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

3. Limitation of State and K/T AAA 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 or K/T AAA for any payment may arise under this contract until funds are made available, the itemized budget is

Kings/Tulare Area Agency on Aging 26 Agreement No: K/T AAA 26/27-05 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)]

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

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

Kings/Tulare Area Agency on Aging 27 Agreement No: K/T AAA 26/27-05

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.

2. OTO funds can only be awarded to a Contractor 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 noncompetitive 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.

Kings/Tulare Area Agency on Aging 28 Agreement No: K/T AAA 26/27-05 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 22 CCR 7314 (a)(9). 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.

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:

Kings/Tulare Area Agency on Aging 29 Agreement No: K/T AAA 26/27-05 a.Charges to Federal awards for salaries and wages must be based on records that accurately reflect the work performed. These records must:
i. Be supported by a system of internal control which provides reasonable assurance that the charges are accurate, allowable, and properly allocated;
ii. Be incorporated into the official records of the non-federal entity; iii.
iv. Reasonably reflect the total activity for which the employee is compensated by the non-Federal entity, not exceeding 100% of compensated activities;
v.
vi. 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.
vii.
viii. 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.

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 that do not qualify as property.

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

Kings/Tulare Area Agency on Aging 30 Agreement No: K/T AAA 26/27-05

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 fifteen percent (15%) of the AAA’s Modified Total Direct Costs (MTDC), per funding category excluding in-kind contributions and nonexpendable equipment.

Modified Total Direct Cost (MTDC) means all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $50,000 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 $50,000. 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. [2 CFR 200.413]

2. Contractors requesting reimbursement for indirect costs exceeding the fifteen percent (15%) maximum may budget these excess indirect costs as in-kind for purposes of meeting matching requirements in Title III and VII programs only.

Contractor must receive prior approval from federal awarding agency prior to budgeting the excess indirect costs as in-kind.

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

4. Contractor agrees to include the above requirement in all contracts it enters into

Kings/Tulare Area Agency on Aging 31 Agreement No: K/T AAA 26/27-05 with subcontractors/vendors to provide services pursuant to the Agreement.

ARTICLE III. PROGRAM SPECIFIC BUDGET AND BUDGET REVISION A. 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. 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.

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.

Kings/Tulare Area Agency on Aging 32 Agreement No: K/T AAA 26/27-05 E. Transfer of funds cannot be processed or approved after the end of the specified fiscal year listed on the Budget Display. Transfer of funds requests will not be accepted or processed after January 15th, for any funding, as specified in section 4.7 of the CDA Program Guide.

F. 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 federal matching requirement is fifteen (15%).

The State provides the five percent (5%) state requirement portion of this match.

The Contractor contributions for Title III B, not including Ombudsman and III C, is ten percent (calculation factor of 10.53%).

3. Program matching contributions for Title III B, not including Ombudsman and III C, can be pooled to meet the matching requirement of ten percent (calculation factor of 10.53%).

4. 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.

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

6. 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).

G. 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 10
th 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 33 Agreement No: K/T AAA 26/27-05 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 June 30, 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 34 Agreement No: K/T AAA 26/27-05 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 Base 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. It does not include payments to a Subcontractor or to an individual that is a beneficiary of a federal program.

Kings/Tulare Area Agency on Aging 35 Agreement No: K/T AAA 26/27-05

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)

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)

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).

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. Base Agreement and any amendments thereto;

2. General Scope of Work, Exhibit A;

Kings/Tulare Area Agency on Aging 36 Agreement No: K/T AAA 26/27-05

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:

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

Kings/Tulare Area Agency on Aging 37 Agreement No: K/T AAA 26/27-05 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.

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.

Kings/Tulare Area Agency on Aging 38 Agreement No: K/T AAA 26/27-05 F. Covenant Against Contingent Fees

1. The Contractor warrants that no person or selling agency has been employed or retained to solicit this Agreement. There has been no agreement to make 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].

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

Kings/Tulare Area Agency on Aging 39 Agreement No: K/T AAA 26/27-05 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

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.

Kings/Tulare Area Agency on Aging 40 Agreement No: K/T AAA 26/27-05

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.

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.

Kings/Tulare Area Agency on Aging 41 Agreement No: K/T AAA 26/27-05 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.

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. SWAG

1. In 2011, Gov. Jerry Brown issued an executive memo that has banned state agencies and departments from spending taxpayer money on promotional items, which he named “S.W.A.G”.

Kings/Tulare Area Agency on Aging 42 Agreement No: K/T AAA 26/27-05 S.W.A.G stands for “Stuff We All Get.” The executive memo has not been overturned and is still in effect; accordingly, all entities that receive state funds must adhere to the executive memo.

SPECIFIC EXAMPLES OF S.W.A.G
In the executive memo, Gov. Brown named specific items that constitute S.W.A.G, which he defined as “free giveaway and gift items,” including key chains, squeeze toys, pens, hats, trinkets, shirts, cups, flashlights, ashtrays, and other “unnecessary” items. This is not an exhaustive list.

Ultimately there is no specific case law defining S.W.A.G; each case is unique.

The subcontractor must assess whether an item is either S.W.A.G., or an allowable expense. The decision to proceed with the purchase at issue as an allowable expense requires the subcontractor to maintain a record and keep a written justification regarding the purchase in its procurement file, as discussed below.

2. KEEPING WRITTEN JUSTIFICATION FOR PROCUREMENT
If the subcontractor determines that it is moving forward with the purchase of a promotional item, it should comply with the procedures outlined in SCM Vol 2.

Chapter 400, section 401:

Promotional Materials-401 Prior to conducting a purchase for promotional materials, written justification must be kept in the procurement file supporting how the purchase of promotional materials meets the departmental mission and the AAA’s business needs. Written justification should include a description of the type of event(s) and how the promotional material(s) will be used. [See: https://www.dgs.ca.gov/PD/Resources/SCM/TOC/2/2-8, All expenditures of public funds must support the Department’s function, purpose, and benefit the state.]

3. FUNCTIONALITY AS AN ASSESSMENT FACTOR
In conducting its analysis on whether a promotional item constitutes S.W.A.G or should be deemed an allowable expense, the subcontractor may consider:
- The functionality of the item,
- Whether the item is given to a targeted group of people vs. to the general public,
- Whether the items are to be used for promotional purposes in support of the departmental mission and the subcontractor’s business needs.

4. Subcontractors should work with their counsel to determine whether a promotional item may constitute S.W.A.G. If the subcontractor deems the item an allowable expense, this will trigger the requirement to maintain written justification in its procurement files.

Kings/Tulare Area Agency on Aging 43 Agreement No: K/T AAA 26/27-05 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.

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.

Kings/Tulare Area Agency on Aging 44 Agreement No: K/T AAA 26/27-05 G. The Contractor shall require language in all agreements with subcontractors to indemnify, defend, and save harmless the Contractor, its officers, agents, and employees from any and all claims and losses accruing to or resulting from any Subcontractors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with any activities performed for which funds from this Agreement were used and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the subcontractor and/or vendor in the performance of this Agreement.

H. The Contractor shall ensure its subcontractors will complete all reporting and expenditure documents requested by the K/T AAA. Subcontractors must send reporting and expenditure documents 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

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 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.

Kings/Tulare Area Agency on Aging 45 Agreement No: K/T AAA 26/27-05 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.

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 K/T AAA 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 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.

Kings/Tulare Area Agency on Aging 46 Agreement No: K/T AAA 26/27-05 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 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:

Kings/Tulare Area Agency on Aging 47 Agreement No: K/T AAA 26/27-05

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
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.

Kings/Tulare Area Agency on Aging 48 Agreement No: K/T AAA 26/27-05 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:

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. MONITORING AND EVALUATION
A. Authorized K/T AAA representatives shall have the right to monitor and evaluate the Contractor’s and Subcontractor’s administrative, fiscal and program performance

Kings/Tulare Area Agency on Aging 49 Agreement No: K/T AAA 26/27-05 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.

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, or a representative of the K/T AAA, 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 and/or K/T AAA determines necessary. In the event that K/T AAA is informed of an audit by an outside federal or State government entity affecting the Contractor, K/T AAA will provide timely notice to the Contractor

2. Contractor shall make available all reasonable information necessary to substantiate that expenditures under this Agreement are allowable and allocable, including, but not limited to 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, or a representative of the K/T AAA, 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

Kings/Tulare Area Agency on Aging 50 Agreement No: K/T AAA 26/27-05 government or the K/T AAA access to the supporting documentation of said audit firm(s).

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

B. CDA Fiscal and Compliance Audits

1. The CDA Audits 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)
b.Internal controls (2 CFR 200.303)
c.Allocation of expenditures (2 CFR 200.1)
d.Allowability of expenditures (2 CFR 200.403)
e.Equipment expenditures and approvals, if required (2 CFR 200.439) C. Single Audit Reporting Requirements (2 CFR 200 Subpart F)

1. Contractor Single Audit Reporting Requirements
a. Contractors that expend $1,000,000 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. 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,

Kings/Tulare Area Agency on Aging 51 Agreement No: K/T AAA 26/27-05 whichever occurs first, or unless a longer period is agreed to in advance by the cognizant or oversight agency.
c. For purposes of reporting, the Contractor shall ensure that State-funded expenditures are displayed discretely along with the related federal expenditures in the single audit report’s “Schedule of Expenditures of Federal Awards” (SEFA) under the Catalog of Federal Domestic Assistance (CFDA) number.
d. For State contracts that do not have CFDA numbers, the Contractor shall ensure that the State-funded expenditures are discretely identified in the SEFA by the appropriate program name, identifying grant/contract number, and as passed through CDA.

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

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 Subpart F-Audit Requirements

5. Contract resolution includes:
a. Ensuring that subcontractors expending $1,000,000 or more in federal awards during the subcontractor’s fiscal year have met the audit requirements of 2 CFR 200.501 - 200.521.
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. 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

Kings/Tulare Area Agency on Aging 52 Agreement No: K/T AAA 26/27-05 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], 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 Subpart E - Cost Principles.[2 CFR 200.302]
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 Subpart F - Audit Requirements:
a. Performed timely – not less frequently than annually and a report submitted timely. The audit is required to be submitted within thirty (30) days after receipt of the Auditor’s report or nine (9) months after the end of the audit period, whichever occurs first. [2 CFR 200 512] b. Properly procured – use procurement standards for auditor selection. [2 CFR 200.509]

Kings/Tulare Area Agency on Aging 53 Agreement No: K/T AAA 26/27-05 c. Performed in accordance with Generally Accepted Government Auditing Standards. [2 CFR 200.514]
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] e. Performed in accordance with provisions applicable to this program as identified in 2 CFR Part 200 Subpart F, Audit Requirements.

8. Subcontractors shall be required to include in its contract(s) with independent Auditors 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.

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 Subpart 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 200.531 Subpart F – Audit Requirements because its expenditures under federal awards are less than $1,000,000 during the non-federal entity’s fiscal year.

Kings/Tulare Area Agency on Aging 54 Agreement No: K/T AAA 26/27-05 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 Subpart 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].

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-G which requires higher levels of insurance for charter-party carriers of passengers and is based on seating capacity as follows:
a. $750,000 if seating capacity is under 8
b. $1,500,000 if seating capacity is 8 – 15
c. $5,000,000 if seating capacity is over 15
.

Kings/Tulare Area Agency on Aging 55 Agreement No: K/T AAA 26/27-05

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.

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.

Kings/Tulare Area Agency on Aging 56 Agreement No: K/T AAA 26/27-05 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 and K/T AAA harmless. The subcontractor’s Certificate of Insurance for general and auto liability shall also name the Contractor and 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 reserve 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].

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 Agreement 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.

Kings/Tulare Area Agency on Aging 57 Agreement No: K/T AAA 26/27-05 B. Termination for Cause
The K/T AAA may terminate, in whole or in part, for cause the performance of work under this Agreement. The K/T AAA may terminate the Agreement upon thirty (30) days written notice to the Contractor. The Notice of Termination shall be effective thirty (30) days from the delivery of the Notice of Termination unless the grounds for termination are due to the threat to life, health or safety of the public and in that case the termination shall take effect immediately. The Contractor shall submit to the K/T AAA a Transition Plan as specified in Exhibit D. The grounds for termination for cause will include but are not limited to the following:

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

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

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

4. Failure to comply with reporting requirements

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

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.

Kings/Tulare Area Agency on Aging 58 Agreement No: K/T AAA 26/27-05 C. Contractor’s Obligation After Notice of Termination
After receipt of a Notice of Termination; and except as directed by the K/T AAA, the Contractor shall immediately proceed with the following obligations, as applicable, regardless of any delay in determining or adjusting any funds due under this clause.

The Contractor shall:

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

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

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

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

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

Kings/Tulare Area Agency on Aging 59 Agreement No: K/T AAA 26/27-05 result of breach of this Agreement by the Contractor, whether such breach occurs before or after completion of the project.

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

ARTICLE XV. AMENDMENTS, REVISIONS OR MODIFICATIONS
A. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed, and approved 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 60 Agreement No: K/T AAA 26/27-05 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 61 Agreement No: K/T AAA 26/27-05

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.).

Kings/Tulare Area Agency on Aging 62 Agreement No: K/T AAA 26/27-05 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.

Kings/Tulare Area Agency on Aging 63 Agreement No: K/T AAA 26/27-05 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 Technology Special Publication (NIST SP) 800-53 compliant security framework when selecting and implementing its security controls and shall maintain continuous compliance with NIST SP 800-53 as it may be updated from time to time.

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.

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.

Kings/Tulare Area Agency on Aging 64 Agreement No: K/T AAA 26/27-05

4. 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.

5. 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.

6. 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.

7. 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.

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.

Kings/Tulare Area Agency on Aging 65 Agreement No: K/T AAA 26/27-05 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

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.

Kings/Tulare Area Agency on Aging 66 Agreement No: K/T AAA 26/27-05 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/
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.

Kings/Tulare Area Agency on Aging 67 Agreement No: K/T AAA 26/27-05

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.

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:

Kings/Tulare Area Agency on Aging 68 Agreement No: K/T AAA 26/27-05 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 any 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.

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 decisions made by the Contractor regarding the safeguarding of PSCI and other confidential information.

2. Amendment:

Failure by the Contractor to take necessary actions required by amendments to the Agreement shall constitute a material violation

Kings/Tulare Area Agency on Aging 69 Agreement No: K/T AAA 26/27-05

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. 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 may retain the PSCI.
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.

5. 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.

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 reserve 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.

Kings/Tulare Area Agency on Aging 70 Agreement No: K/T AAA 26/27-05

3. If neither K/T AAA nor State copyrights the material pursuant to subparagraph 1, and State and K/T AAA permit Contractor to copyright the material pursuant to subparagraph 2, Contractor agrees to grant both K/T AAA and the State a royaltyfree, 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. 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.

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.

Kings/Tulare Area Agency on Aging 71 Agreement No: K/T AAA 26/27-05 not be based upon or inclusive of all raw data.”
ARTICLE XX. PUBLIC EDUCATION AND INFORMATION
A. 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.

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:
“The materials or product were a result of a project funded by a contract with the California Department of Aging”.

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]).

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.

Kings/Tulare Area Agency on Aging 72 Agreement No: K/T AAA 26/27-05 B. 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 Agreement 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.

C. Approval Requirements for Advertising and Public Relations

1. In General
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 funded by a contract with the California Department of Aging.” without using the CDA logo.

Kings/Tulare Area Agency on Aging 73 Agreement No: K/T AAA 26/27-05 - Materials that do not mention the CDA name or use the CDA logo.

2. 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.

3. Specific Scenarios and Examples
a. Examples of materials where no approval is required
- 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.
b. 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.

4. 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

5. Questions
- For questions about approval requirements email
[email protected]

Kings/Tulare Area Agency on Aging 74 Agreement No: K/T AAA 26/27-05 D. 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

Kings/Tulare Area Agency on Aging 75 Agreement No: K/T AAA 26/27-05 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.

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.

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

4. Contractor 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.

Kings/Tulare Area Agency on Aging 76 Agreement No: K/T AAA 26/27-05

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.

11. 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.

12. 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).
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)

Kings/Tulare Area Agency on Aging 77 Agreement No: K/T AAA 26/27-05 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 2 CFR 200.510 whether a program-specific audit may be elected.

13. 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:
(i) Comply with provisions for voluntary contributions in Section 4.4. [OAA §315(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)]

Kings/Tulare Area Agency on Aging 78 Agreement No: K/T AAA 26/27-05 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.

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

15. 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.

16. 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.

17. 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:
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.

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

19. 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:

Kings/Tulare Area Agency on Aging 79 Agreement No: K/T AAA 26/27-05 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.”

20. 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.

21. 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)].

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:

Kings/Tulare Area Agency on Aging 80 Agreement No: K/T AAA 26/27-05

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

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. Client Intake Sheets.

K/T AAA is required to adhere to the Older Americans Act Performance System (OAAPS)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.
c. Client files that include intake, reassessment, and eligibility documents. d. Waiting lists for services that are at capacity.

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, including the following:

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

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

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

Kings/Tulare Area Agency on Aging 81 Agreement No: K/T AAA 26/27-05

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

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
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.

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.

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 fifteen (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:

Kings/Tulare Area Agency on Aging 82 Agreement No: K/T AAA 26/27-05

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 Agreement. [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.

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/or 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.

Kings/Tulare Area Agency on Aging 83 Agreement No: K/T AAA 26/27-05 EXHIBIT E: HIPAA REQUIREMENT (Updated version 04/18/18) 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. Purpose
This Exhibit is intended to ensure that the Business Associate will establish and implement appropriate privacy and security safeguards with respect to PHI (as defined below) that the Business Associate may create, receive, use, or disclose in connection with the Services to be provided by the Business Associate to the Covered Entity. Such safeguards will be consistent with the standards set forth in regulations promulgated under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”) as amended by the Health Information Technology for Economic and Clinical Health Act as set forth in Title XIII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 (“HITECH Act”) and amendments to include HIPAA’s Administrative Simplification provisions.

C. Regulatory References
All references to regulatory Sections, Parts and Subparts in this Exhibit are to Title 45 of the Code of Federal Regulations, parts 160 and 164 (the “HIPAA

Kings/Tulare Area Agency on Aging 84 Agreement No: K/T AAA 26/27-05 Privacy Rule” and the “HIPAA Security Rule”) as in effect or as amended, and for which compliance is required, unless otherwise specified.

D. Obligations and Activities of Business Associate
Business Associate agrees to:
a. Acknowledge that it is required by Sections 13401 and 13404 of the HITECH Act to comply with the HIPAA Security Rule, Sections 164.308 through 164.316, including the Security Rule’s Administrative, Physical and Technical safeguard requirements and the use and disclosure provisions of the HIPAA Privacy Rule, Sections 164.502 and 164.504. b. Not use or further disclose PHI other than as permitted or required by this Exhibit, or as required by law.
i. Use appropriate safeguards to maintain the security, including compliance with Subpart C of 45 CFR Part 164, with respect to electronic PHI, to prevent use or disclosure of the PHI other than as provided for by this Agreement. Appropriate safeguards shall include implementing administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the PHI that is created, received, maintained or transmitted on behalf of the Covered Entity and limiting use and disclosure to applicable minimum necessary rules, regulations and statutes.
ii. To the extent practicable, Business Associate will secure all PHI by technological means that render such information unusable, unreadable, or indecipherable to unauthorized individuals and in accordance with any applicable standards or guidance issued by the Department of Health and Human Services under Section 13402 of the HITECH Act.
c. Report breach disclosures immediately to Covered Entity. Business associate: 1) shall report to Covered Entity any use or disclosure of PHI not provided for by this Agreement on the first day the Business Associate knows or should have known about it; 2) notify the Covered Entity of any and all breaches of PHI, and provide detailed information to the Covered Entity about the breach, along with the names and contact information, when available, of all individuals whose PHI was involved. (See Section 6 of this Exhibit for further detail.) 3) agrees that such notification will meet the requirements of Section 13402 of the HITECH Act and § 164.410 of the amended HIPAA regulations.
d. Enter into a written agreement with any agent, including a subcontractor, to whom it provides PHI received from, or created or received by Business

Kings/Tulare Area Agency on Aging 85 Agreement No: K/T AAA 26/27-05 Associate on behalf of Covered Entity, pursuant to which such agent or subcontractor agrees to be bound by the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information in accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2) if applicable. (See Section 11 of this Exhibit for further detail.)
e. Make internal practices, books, and records, including policies and procedures relating to the use and disclosure of PHI available to the Covered Entity or to the Secretary of the United States Department of Health and Human Services (“Secretary”), for purposes of determining Business Associate’s compliance with the HIPAA Privacy Rule and Security Rule. (See Section 12 of this Exhibit for further detail.) f. Maintain and make available the information required to provide an accounting of disclosures of PHI as would be required for Covered Entity to respond to a request by an individual for an account of disclosures of PHI in accordance with 45 CFR § 164.528. E.

E. Permitted Uses and Disclosures by Business Associate a. Business Associate may use PHI to report violations of law to appropriate Federal and State authorities consistent with Section 164.502(j).

Unless otherwise limited in this Exhibit, Business Associate may:
b. Use or disclose PHI to perform functions, activities, or services for, or on behalf of, Covered
Entity as necessary to perform the services described in Exhibit A to the Agreement, or as otherwise specified in the Master Exhibit, subject to limiting use and disclosure to applicable minimum necessary rules, regulations and statutes and provided that such use or disclosure would not violate the Privacy Rule if done by Covered Entity.
c. Use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. d. Disclose PHI for the proper management and administration of the Business Associate, provided that disclosures are required by law, or Business Associate obtains the appropriate medical release from the person whose PHI is being disclosed and the person to whom the PHI is disclosed provides reasonable assurances in writing that the PHI 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 Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.

Kings/Tulare Area Agency on Aging 86 Agreement No: K/T AAA 26/27-05 e. Use PHI to provide Data Aggregation services to Covered Entity as permitted by Section 164.504(e)(2)(i)(B).

F. Reporting Unauthorized Uses and Disclosures
a. Business Associate agrees to notify Covered Entity of any breach, or security incident involving PHI of which it becomes aware, including any access to, or use or disclosure of PHI not permitted by this Exhibit. Such notification will be made immediately after discovery and will include, to the extent possible, the identification of each individual whose PHI has been, or is reasonably believed by the Business Associate to have been, accessed, acquired, used or disclosed, a description of the PHI involved, the nature of the unauthorized access, use or disclosure, the date of occurrence, and a description of any remedial action taken or proposed to be taken by Business Associate. Business Associate will also provide to Covered Entity any other available information that the Covered Entity is required to include in its notification to the individual under Section 164.404(c) at the time of the initial report or within three (3) days of the information becoming available.
b. In the event of a request by law enforcement under Section 164.412, Business Associate may delay notifying Covered Entity for the applicable timeframe. c. A breach or unauthorized access, use, or disclosure shall be treated as discovered by the Business Associate on the first day on which such unauthorized access, use, or disclosure is known, or should reasonably have been known, to the Business Associate or to any person, other than the individual committing the unauthorized disclosure, that is an employee, officer, subcontractor, agent or other representative of the Business Associate.
d. In meeting its obligations under this section, it is understood that Business Associate is not acting as the Covered Entity’s agent. In performance of the work, duties, and obligations and in the exercise of the rights granted under this Exhibit, it is understood and agreed that Business Associate is at all times acting as an independent contractor in providing services pursuant to this Exhibit and the Agreement.

G. Mitigation of Harmful Effects
a. Business Associate agrees to mitigate, to the greatest extent possible, any harm that results from the following actions: breach, security incident, or unauthorized access, use or disclosure of PHI by Business Associate or its employees, officers, subcontractors, agents, or other representatives.
b. Following the actions listed in Section 7(a) of this Exhibit, Business Associate agrees to take any and all corrective action necessary to prevent recurrence, to

Kings/Tulare Area Agency on Aging 87 Agreement No: K/T AAA 26/27-05 document any such action, and to make said documentation available to Covered Entity.
c. Except as required by law, Business Associate agrees that it will not inform any third party of a breach or unauthorized access, use or disclosure of PHI without obtaining the Covered Entity’s prior written consent. Covered Entity hereby reserves the sole right to determine whether and how such notice is to be provided to any individuals, regulatory agencies, or others as may be required by law, regulation or contract terms, as well as the contents of such notice.

H. Indemnification
Business Associate agrees to:
a. Hold harmless, defend at its own expense, and indemnify Covered Entity for the costs of any mitigation undertaken by Business Associate pursuant to Section 7 of this Exhibit.
b. Assume responsibility for any and all costs associated with the Covered Entity’s notification of individuals affected by a breach or unauthorized access, use or disclosure by Business Associate or its employees, officers, subcontractors, agents or other representatives when such notification is required by any state or federal law or regulation, or under any applicable contract to which Covered Entity is a party.
c. Hold harmless, defend at its own expense and indemnify Covered Entity and its respective employees, directors, officers, subcontractors, agents or other members of its workforce (each of the foregoing hereinafter referred to as “Indemnified Party”) against all actual and direct losses suffered by the Indemnified Party and all liability to third parties arising from or in connection with any breach of this Exhibit or from any acts or omissions related to this Exhibit by Business Associate or its employees, directors, officers, subcontractors, agents or other members of its workforce. Accordingly, on demand, Business Associate shall reimburse any Indemnified Party for any and all actual and direct losses, liabilities, lost profits, fines, penalties, costs or expenses (including reasonable attorney’s fees) which may for any reason be imposed upon any Indemnified Party by reason of any suit, claim, action, proceeding or demand by any third party which results from the Business Associate’s acts or omissions hereunder.

Business Associate’s obligation to indemnify any Indemnified Party shall survive the expiration or termination of the Agreement.

Kings/Tulare Area Agency on Aging 88 Agreement No: K/T AAA 26/27-05 I. Individual’s Rights
Business Associate agrees to:
a. Provide access, at the request of Covered Entity, and in the time and manner designated by the Covered Entity, to PHI in a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an individual in order to meet the requirements under Section 164.524.
b. Make any amendment(s) to PHI in a Designated Record Set that the Covered Entity directs or agrees to make pursuant to Section 164.526, at the request of Covered Entity or an individual, and in the time and manner designated by the Covered Entity.
c. Document such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to a request by an individual for an accounting of disclosures of PHI in accordance with Section 164.528. d. Provide to Covered Entity or an individual, in the time and manner designated by Covered Entity, information collected in accordance with Section 9(c) of this Exhibit, to permit Covered Entity to respond to a request by an individual for an accounting of disclosures of PHI in accordance with Section 164.528. e. Comply with any restriction to the use or disclosure of PHI that Covered Entity agrees to in accordance with Section 164.522.

J. Obligations of Covered Entity
Covered Entity shall:
a. Provide Business Associate with the notice of privacy practices that Covered Entity produces in accordance with Section 164.520, as well as any changes to such notice.
b. Provide Business Associate with any changes in, or revocation of, permission by individual to use or disclose PHI, if such changes affect Business Associate’s permitted or required uses and disclosures.
c. Notify Business Associate of any restriction to the use or disclosure of PHI that Covered Entity has agreed to in accordance with Section 164.522, to the extent that such restriction may affect Business Associate’s use or disclosure of PHI.

Kings/Tulare Area Agency on Aging 89 Agreement No: K/T AAA 26/27-05 K. Agents and Subcontractors of Business Associate
a. Business Associate agrees to ensure that any agent, subcontractor, or other representative to whom it provides PHI received from, or created or received by Business Associate on behalf of Covered Entity, agrees in writing to the same restrictions, conditions and requirements that apply through this Exhibit to Business Associate with respect to such information, including the requirement to promptly notify the Business Associate of any instances of unauthorized access to or use or disclosure of PHI of which it becomes aware. Upon request, Business Associate shall provide copies of such agreements to Covered Entity. b. Business Associate shall implement and maintain sanctions against any agent, subcontractor or other representative that violates such restrictions, conditions or requirements and shall mitigate the effects of any such violation.

L. Audit, Inspection, and Enforcement
a. Business Associate agrees to make internal practices, books, and records relating to the use and disclosure of PHI received from, or created or received by Business Associate on behalf of, Covered Entity, available to any state or federal agency, including the Secretary, for the purposes of determining compliance with HIPAA and any related regulations or official guidance.
b. With reasonable notice, Covered Entity and its authorized agents or contractors may audit and/or examine Business Associate’s facilities, systems, policies, procedures, and documentation relating to the security and privacy of PHI to determine compliance with the terms of this Exhibit. Business Associate shall promptly correct any violation of this Exhibit found by Covered Entity and shall certify in writing that the correction has been made. Covered Entity’s failure to detect any unsatisfactory practice does not constitute acceptance of the practice or a waiver of Covered Entity’s enforcement rights under the Agreement.

M. Permissible Requests by Covered Entity
Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy Rule if done by Covered Entity.

N. Term and Termination
a. The terms of this Exhibit shall remain in effect for the duration of all services provided by Business Associate under the Agreement and for so long as Business Associate remains in possession of any PHI received from, or created or received by Business Associate on behalf of Covered Entity unless Covered Entity has agreed in accordance with this section that it is not feasible to return or destroy all PHI.

Kings/Tulare Area Agency on Aging 90 Agreement No: K/T AAA 26/27-05 b. Upon termination of the Agreement, Business Associate shall recover any PHI relating to the Agreement and this Exhibit in its possession and in the possession of its subcontractors, agents or representatives. Business Associate shall return to Covered Entity, or destroy with the consent of Covered Entity, all such PHI, in any form, in its possession and shall retain no copies. If Business Associate believes it is not feasible to return or destroy the PHI, Business Associate shall so notify Covered Entity in writing. The notification shall include: (1) a statement that the Business Associate has determined that it is not feasible to return or destroy the PHI in its possession, and (2) the specific reasons for such determination. If Covered Entity agrees in its sole discretion that Business Associate cannot feasibly return or destroy the PHI, Business Associate shall ensure that any and all protections, requirements and restrictions contained in the Agreement and this Exhibit shall be extended to any PHI for so long as Business Associate maintains such PHI, and that any further uses and/or disclosures will be limited to the purposes that make the return or destruction of the PHI infeasible. c. Covered Entity may immediately terminate the Agreement if it determines that Business
Associate has violated a material term of this Exhibit.

O. Amendment
The Parties agree to take such action as is necessary to amend this Exhibit from time to time as is necessary for Covered Entity and Business Associate to comply with the requirements of the HIPAA Privacy and Security Rules and the HITECH Act.

P. Lost Revenues; Penalties/Fines
a. Lost Revenues. Business Associate shall make Covered Entity whole for any revenues lost arising from an act or omission in billing practices by Business Associate.
b. Penalties/Fines for Failure to Comply with HIPAA. Business Associate shall pay any penalty or fine assessed against Covered Entity arising from Business Associate’s failure to comply with the obligations imposed by HIPAA. c. Penalties/Fines (other). Business Associate shall pay any penalty or fine assessed against Covered Entity arising from Business Associate’s failure to comply with all applicable Federal or State Health Care Program Requirements, including, but not limited to any penalties or fines which may be assessed under a Federal or State False Claims Act provision.

Kings/Tulare Area Agency on Aging 91 Agreement No: K/T AAA 26/27-05 Q. Entire Agreement
This Exhibit constitutes the entire HIPAA Business Associate Agreement between the parties, and supersedes any and all prior HIPAA Business Associate Agreements between them.

Kings/Tulare Area Agency on Aging 92 Agreement No: K/T AAA 26/27-05 EXHIBIT F: CONTRACT AWARD AND UNITS OF SERVICE
TOTAL FUNDING AWARD: $271,333

FUNDING AWARDED BY SERVICE CATEGORY
TITLE III C-1: CONGREGATE NUTRITION Funding: $102,666
Activity Measure Contracted Units
Congregate Meals # of Meals 11,800
Nutrition Education # of Sessions 4
TITLE III C-2: HOME DELIVERED NUTRITION Funding: $168,667 Activity Measure Contracted Units
Home Delivered Meals # of Meals 60,000
Nutrition Education # of Sessions 4

Kings/Tulare Area Agency on Aging 93 Agreement No: K/T AAA 26/27-05 EXHIBIT G: PROGRAM SCOPE OF WORK
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 https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=I 07D68F605B6111EC9451000D3A7C4BC3&transitionType=Default&contextData=%28sc.Defa ult%29
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. Area To Be Served
Congregate Meal Services must be provided, at a minimum, in the City of Tulare Home Delivered Meals shall be provided throughout the City of Tulare, based on assessed needs of clients.

III. Service Categories
A. Congregate Meals (C-1): A meal provided to an eligible individual and consumed while congregating in-person or virtually, that meets all the requirements of the Older Americans Act and State/Local laws, is provided by a qualified nutrition provider, contains a minimum one-third of the Dietary Reference Intakes, and complies with the Dietary Guidelines for Americans.

1. Unit of Service - One (1) Meal is counted as one (1) Service Unit B. Home Delivered Meals (C-2): A meal provided to an eligible individual via home delivery or pick-up and consumed at their place of residence or otherwise outside of in-person or virtual congregating, that meets all of the requirements of the Older Americans Act and State/Local laws, is provided by a qualified nutrition provider, contains a minimum one-third of the Dietary Reference Intakes, and complies with the Dietary Guidelines for Americans.

1. Unit of Service - One (1) Meal is counted as one (1) Service Unit

Kings/Tulare Area Agency on Aging 94 Agreement No: K/T AAA 26/27-05 C. Nutrition Education (C1/C2): 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 DGA; accurate, culturally sensitive, regionally appropriate, and considers personal preferences; and overseen by a registered dietitian or individual of comparable expertise as defined in the OAA. A session for C-1 is one presentation covering the same topic(s), even if offered multiple times in multiple locations. A session for C-2 is one set of handouts covering the same topic(s).

1. Unit of Service - One (1) Session is counted as one (1) Service Unit 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. [CCR 7636.9(b)(3); CCR 7638.7(b); and OAA § 339(2)(H)]

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 95 Agreement No: K/T AAA 26/27-05 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 96 Agreement No: K/T AAA 26/27-05 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.
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, approved, and delivered to congregate and home-delivered meal participants by the K/T AAA Registered Dietitian (RD).

Kings/Tulare Area Agency on Aging 97 Agreement No: K/T AAA 26/27-05 d. The Contractor will confirm that Nutrition Education materials are being disbursed.
e. 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
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 98 Agreement No: K/T AAA 26/27-05 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.

3. Registered Dietitian
a. The K/T AAA RD 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 RD 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.

Kings/Tulare Area Agency on Aging 99 Agreement No: K/T AAA 26/27-05 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 RD 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 RD 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 Hazard Analysis Critical Control Point (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.

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

Kings/Tulare Area Agency on Aging 100 Agreement No: K/T AAA 26/27-05 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.

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.

Kings/Tulare Area Agency on Aging 101 Agreement No: K/T AAA 26/27-05

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.
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.

Kings/Tulare Area Agency on Aging 102 Agreement No: K/T AAA 26/27-05 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.
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.

Kings/Tulare Area Agency on Aging 103 Agreement No: K/T AAA 26/27-05

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)]
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.

Kings/Tulare Area Agency on Aging 104 Agreement No: K/T AAA 26/27-05

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.
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.

Kings/Tulare Area Agency on Aging 105 Agreement No: K/T AAA 26/27-05

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. 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.

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 dietitian 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.

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 6/21/2026). 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.

Kings/Tulare Area Agency on Aging 106 Agreement No: K/T AAA 26/27-05 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 • 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

Kings/Tulare Area Agency on Aging 107 Agreement No: K/T AAA 26/27-05 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.

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.
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

Kings/Tulare Area Agency on Aging 108 Agreement No: K/T AAA 26/27-05 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; 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 109 Agreement No: K/T AAA 26/27-05 EXHIBIT H: CULTURAL COMPETENCE AND DIVERSITY
Contractor is encouraged to support the K/T AAA in the journey to work effectively across and among all cultures. It is the desire of K/T AAA 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 2026-2027
AGREEMENT NO: NM 26/27-05
CONTRACTOR: City of Tulare

Kings/Tulare Area Agency on Aging 2 Agreement No: NM 26/27-05

AGREEMENT
THIS AGREEMENT (“Agreement”) is entered into on
, between the KINGS/TULARE AREA AGENCY ON AGING, hereinafter referred to as “K/T AAA” and CITY OF TULARE (COT), hereinafter referred to as “Contractor.” K/T AAA and Contractor are each a “Party” and together are the “Parties” to this Agreement, which is made with reference to the following:

A. WHEREAS, per the Joint Powers Authority the K/T AAA is responsible for overseeing the Older Americans Act programs and has chosen to contract with community partners to deliver services; and
B. WHEREAS, the Contractor has been found to have the ability to provide services through a Request For Proposal process; and
C. WHEREAS, at its meeting on July 17, 2023; the K/T AAA Governing Board authorized K/T AAA to enter into a multiyear agreement with Contractor to provide the aforementioned services in an amount not-to-exceed $66,820; and D. NOW, THEREFORE, in consideration of the promises contained herein, the Parties are willing to enter into this Agreement upon the terms and conditions set forth herein.

ACCORDINGLY, IT IS AGREED:

1. TERM: This Agreement shall become effective as of April 1, 2026, and shall terminate on March 31, 2028. No obligations may be incurred after March 31, 2028.

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.

5. ASSURANCES: As Contractor is receiving funding from Title III, Title VII, and/or the State-Funded Consolidated Block Grant, Contractor also agrees to comply with Exhibit D, entitled Additional Provisions.

Kings/Tulare Area Agency on Aging 3 Agreement No: NM 26/27-05

7. CONTRACT AWARD AND UNITS OF SERVICE: Contractor shall be paid an amount not to exceed SIXTY-SIX THOUSAND EIGHT HUNDRED TWENTY dollars ($66,820) for all service categories and contracted service units described in this Agreement.

9. REPORTING REQUIREMENTS: 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.

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:

Kings/Tulare Area Agency on Aging 4 Agreement No: NM 26/27-05 services will be performed. As Contractor is not K/T AAA’s employee, Contractor is responsible for paying all required State and Federal taxes. In particular, K/T AAA will not:

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

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

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

4. Make disability insurance contributions on behalf of Contractor.

5. Obtain unemployment compensation insurance on behalf of Contractor.

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

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 base agreement and any of the exhibits, the terms of this base 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:

Kings/Tulare Area Agency on Aging 5 Agreement No: NM 26/27-05 K/T AAA:

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

City of Tulare
411 E. Kern
Tulare CA 93274
Fax No.: (559) 685-2329 Phone No.: (559) 685-2330
B. Notice personally delivered is effective when delivered. Notice sent by facsimile transmission is deemed to be received upon successful transmission. Notice sent by first-class mail shall be deemed received on the fifth day after the date of mailing. Either party may change the above address by giving written notice pursuant to this paragraph, without the need for a formal amendment.

C. Any notice given to the K/T AAA for 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.

D. Either party may change its address by written notice to the other party.

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.

Kings/Tulare Area Agency on Aging 6 Agreement No: NM 26/27-05 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.

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.

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:

Kings/Tulare Area Agency on Aging 7 Agreement No: NM 26/27-05 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.

30. CONFLICT OF INTEREST:

31. NONDISCRIMINATION IN STATE AND FEDERALLY ASSISTED
PROGRAMS:

Kings/Tulare Area Agency on Aging 8 Agreement No: NM 26/27-05 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 group identification, age, sex, color, disability, medical condition, national origin, race, 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 HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this Agreement.

THIS ASSURANCE is binding on the Contractor directly or through contract, license, or other provider services, as long as it receives federal or State assistance.

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

Kings/Tulare Area Agency on Aging 9 Agreement No: NM 26/27-05

37. TERMINATION: K/T AAA reserves the right to terminate this Agreement, either for cause or for convenience, pursuant to Exhibit C, “Special Terms and Conditions.” Upon receipt of notice of termination, the Contractor shall immediately cease all activities and incur no further obligations, except as mutually agreed upon. In the event of such termination, the Contractor shall be compensated for all authorized, allowable services satisfactorily performed up to the date of termination.

Kings/Tulare Area Agency on Aging 10 Agreement No: NM 26/27-05 THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.

CONTRACTOR
By___________________________ Date_____________________ Title_________________________
By___________________________ Date_____________________ Title_________________________

K/T AAA
By___________________________ Date_____________________ Title_________________________
Pursuant to Corporations Code Section 313, K/T AAA requires that contracts with a corporation 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. Similarly, pursuant to California Corporations Code section 17703.01, K/T AAA requires that contracts with a Limited Liability Company be signed by at least two managers, unless the contract is accompanied by a certified copy of the articles of organization stating that the LLC is managed by only one manager.

Kings/Tulare Area Agency on Aging 11 Agreement No: NM 26/27-05 Exhibits – Table of Contents
EXHIBIT A: GENERAL SCOPE OF WORK ............................................................................ 13 ARTICLE I. DEFINITIONS .................................................................................................... 13 ARTICLE II. SCOPE OF WORK ............................................................................................ 18 ARTICLE III. REPORTING REQUIREMENTS .................................................................... 25 EXHIBIT B: BUDGET DETAIL, PAYMENT PROVISIONS, AND CLOSEOUT................. 27 ARTICLE I. FUNDS ................................................................................................................ 27 ARTICLE II. BUDGET AND BUDGET REVISION ............................................................. 29 ARTICLE III. PROGRAM SPECIFIC BUDGET AND BUDGET REVISION.................... 31 ARTICLE IV. PAYMENTS.................................................................................................... 32 ARTICLE V. CLOSEOUT....................................................................................................... 32 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......................................................................................................... 47 ARTICLE IX. MONITORING AND EVALUATION............................................................ 48 ARTICLE X. AUDIT REQUIREMENTS ............................................................................... 48 ARTICLE XI. INSURANCE ................................................................................................... 53 ARTICLE XII. TERMINATION ............................................................................................. 55 ARTICLE XIII. REMEDIES.................................................................................................... 57 ARTICLE XIV. DISSOLUTION OF ENTITY ....................................................................... 58 ARTICLE XV. AMENDMENTS, REVISIONS OR MODIFICATIONS............................... 58 ARTICLE XVII. K/T AAA CONTACT .................................................................................. 58 ARTICLE XVIII. INFORMATION INTEGRITY AND SECURITY .................................... 58 ARTICLE XIX. COPYRIGHTS AND RIGHTS IN DATA.................................................... 68 ARTICLE XX. BILINGUAL AND LINGUISTIC PROGRAM SERVICES ......................... 69 EXHIBIT D: ADDITIONAL PROVISIONS ............................................................................... 72 ARTICLE I. ASSURANCES SPECIFIC TO THIS AGREEMENT ....................................... 72 ARTICLE II. REPORTING PROVISIONS............................................................................. 75 ARTICLE III. APPEAL PROCESS ......................................................................................... 77 ARTICLE IV. TRANSITION PLAN....................................................................................... 77 EXHIBIT E: HIPAA REQUIREMENT (Updated version 04/18/18)......................................... 79 EXHIBIT F: CONTRACT AWARD AND UNITS OF SERVICE ............................................ 88 EXHIBIT G: PROGRAM SCOPE OF WORK........................................................................... 89

Kings/Tulare Area Agency on Aging 12 Agreement No: NM 26/27-05 SCOPE OF WORK: TITLE III-C: SENIOR NUTRITION SERVICES ................................ 89 EXHIBIT H: CULTURAL COMPETENCE AND DIVERSITY.............................................. 105

Kings/Tulare Area Agency on Aging 13 Agreement No: NM 26/27-05 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) 7119, 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 14 Agreement No: NM 26/27-05 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 of 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 an in-person or 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 15 Agreement No: NM 26/27-05 a. Not means test. [OAA § 315(b)(3)]
b. 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]
c. Not receive funds from another source for the cost of the same meal, equipment, or services. [2 CFR 200.403(f)]

7. 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 education, and nutrition risk screening.

Each meal shall provide one-third (1/3) of the DRI and comply with the most current Dietary Guidelines for Americans. [22 CCR 7135]

8. Wait List means a list of individuals eligible for an OAA service, established and maintained by the service provider, when the service provider has reached capacity and is unable to provide the OAA service to all eligible individuals who request the service.

D. 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 and 7638.7]
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 16 Agreement No: NM 26/27-05 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(2)(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.)
ii. A spouse of a person defined in 22 CCR 7638.7(c)(2), regardless of age or condition, if an assessment concludes that it 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. Area Agencies on Aging (AAA) 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.

5. Title III C-1 (Congregate Nutrition Services) means nutrition services for older individuals in an in-person or virtual congregate setting. Services include meals, nutrition education, nutrition risk screening, and opportunities for socialization. Each meal shall provide one-third

Kings/Tulare Area Agency on Aging 17 Agreement No: NM 26/27-05 (1 /3) of the Dietary Reference Intakes (ORI) and comply with the most current Dietary Guidelines for Americans (DGA). To be an eligible Title III C-1 congregate nutrition site, the site must meet all the following criteria: [22 CCR 7638.7(a)]
a. Not means test. [OAA § 315(b)(3)]
b. 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]
c. Not receive funds from another source for the cost of the same meal, equipment, or services. [2 CFR 200.403(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. To-Go 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 a congregate site such as a restaurant, food truck, etc., or one-on-one with a 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.

All to-go meals served on the day a virtual activity is provided are considered C-1 meals. The nutrition provider is not required to track client confirmation of intent to attend the virtual activity. b. C-2: To-Go meals are categorized as C-2 meals if they are consumed off-site without in-person or virtual interaction. All togo meals served on the day a virtual activity is not provided are considered C-2 meals.

8. Nutrition Counseling means individualized guidance to individuals who are at nutritional risk because of their health or nutrition history, dietary intake, chronic illnesses, or medication use, or to caregivers.

Counseling is provided one-on-one by a registered dietitian and addresses the options and methods for improving nutrition status.

Kings/Tulare Area Agency on Aging 18 Agreement No: NM 26/27-05 Nutrition counseling may be made either in person or by any other means deemed appropriate (e.g., telephone, emails, etc.)

9. Wait List means a list of individuals eligible for an OAA service, established and maintained by the service provider, when the service provider has reached capacity and is unable to provide the OAA service to all eligible individuals who request the service.

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.
i. 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 overruns, excess inventories, or items close to the "best by" date or expiration date.
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.

Kings/Tulare Area Agency on Aging 19 Agreement No: NM 26/27-05 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. 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 i. 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 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 a physician or Registered Dietitian.

Kings/Tulare Area Agency on Aging 20 Agreement No: NM 26/27-05 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 no duplication of services.
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 grain 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 to, 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.

Kings/Tulare Area Agency on Aging 21 Agreement No: NM 26/27-05 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.

D. 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,

Kings/Tulare Area Agency on Aging 22 Agreement No: NM 26/27-05 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.
b) 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, FaceTime,
or similar applications that offer live interaction
with participants.
c) Virtual one-on-one interaction during the meal
arranged by the nutrition provider via telephone or
virtual platform (Zoom, FaceTime, etc.).

3. All to-go meals served on the day a virtual activity is provided are considered C-1 meals. The nutrition provider is not required to track client confirmation of intent to attend the virtual activity.

4. All to-go meals served on the day a virtual activity is not provided are considered C-2 meals.

5. Maintain documentation of each virtual activity provided, including date, time, and description of activity.

3. Requirements for Title III C-2 To-Go Meals:
a. The Contractor shall:
i. Meet the following criteria for Title III 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).

Kings/Tulare Area Agency on Aging 23 Agreement No: NM 26/27-05

3. In-person or virtual interaction with the meal is not available.
ii. Complete initial assessments for all new C-2 clients within 2 weeks of the start of service.

1. The 22 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 22 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 home-delivered, the quarterly eligibility
reassessments must be conducted in the home every other quarter.
iv. Establish a wait list and a prioritization policy as per 22 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

Kings/Tulare Area Agency on Aging 24 Agreement No: NM 26/27-05 voluntary contribution letter to clients if program staff/volunteer is not present during mealtime.
b. Procurement:
i. Small contracts (under $100,000 in the aggregate) do not require a competitive process as per 22 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 RO entity must follow a competitive process as outlined in 22 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 25 Agreement No: NM 26/27-05 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 the 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.

D. Specific to Title Ill C-1 and C-2 Meals (includes To-Go and Restaurant Option Meals).

Kings/Tulare Area Agency on Aging 26 Agreement No: NM 26/27-05

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.

Kings/Tulare Area Agency on Aging 27 Agreement No: NM 26/27-05 EXHIBIT B: BUDGET DETAIL, PAYMENT PROVISIONS, AND CLOSEOUT ARTICLE I. FUNDS
A. Expenditure of Funds

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

2. Any reimbursement for authorized travel and per diem shall be at rates not to exceed those amounts paid by the State in accordance with the California Department of Human Resources’ (CalHR) rules and regulations. 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/ManualItem/1/2201
This is not to be construed as limiting the Contractor from paying any differences in costs, from funds other than those provided by 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)] Contractor agrees to include these requirements in all contracts it enters into with Subcontractors to provide services pursuant to this Agreement.

3. 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 28 Agreement No: NM 26/27-05 B. Accountability for Funds

2. Financial Management Systems
The Contractor shall meet the following standards for its financial management systems.

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 29 Agreement No: NM 26/27-05

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

Kings/Tulare Area Agency on Aging 30 Agreement No: NM 26/27-05 B. The budget must set forth in detail the reimbursable items, unit rates and extended total amounts for each line item. Contractor’s budget shall include, at a minimum, the following items when reimbursable under this Agreement:

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

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 Agreement 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.

2. Contractors requesting reimbursement for indirect costs shall retain on file an

Kings/Tulare Area Agency on Aging 31 Agreement No: NM 26/27-05 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.

ARTICLE III. PROGRAM SPECIFIC BUDGET AND BUDGET REVISION A. 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
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. 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. 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 K/TAAA upon request and shall be maintained in the same manner as all other financial records.

Kings/Tulare Area Agency on Aging 32 Agreement No: NM 26/27-05 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.

E. Matching Requirements

1. No match is required under the terms and conditions of this Agreement.

ARTICLE IV. PAYMENTS
A. Contractor shall prepare and submit by the 10th of each month to 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.

C. K/T AAA shall review requests for payment to ensure consistency with the approved budget and service units reported.

D. 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 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 K/T AAA within 15 calendar days after the end of the fiscal year, unless otherwise specified by K/T AAA. If this Agreement or any subcontracts are terminated prior to the

Kings/Tulare Area Agency on Aging 33 Agreement No: NM 26/27-05 end of the Agreement term, 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 26/27-05 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 base 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. "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.

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 35 Agreement No: NM 26/27-05

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 the 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.

21. “Recoverable cost” means the share of the questioned cost.

B. Resolution of Language Conflicts
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 Agreement, the following order of precedence shall apply:

1. Base K/T AAA Agreement and any amendments thereto.

2. General Scope of Work, Exhibit A.

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.

Kings/Tulare Area Agency on Aging 36 Agreement No: NM 26/27-05 ARTICLE II. ASSURANCES
A. Law, Policy and Procedures, Licenses, and Certificates 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. Contractor and its Subcontractors shall keep in effect all licenses, permits, notices, and certificates that are required by law.

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

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

1. Equal Access to State-Funded Benefits, Programs, and Activities 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]

2. California Civil Rights Laws
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

3. 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.]

Kings/Tulare Area Agency on Aging 37 Agreement No: NM 26/27-05

4. 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
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. 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 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.

2. This provision shall not be construed to prohibit employment of persons with whom 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. 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, 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
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.

Kings/Tulare Area Agency on Aging 38 Agreement No: NM 26/27-05 H. Contracts in Excess of $100,000
If all funding provided herein exceeds $100,000, 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]
I. 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 39 Agreement No: NM 26/27-05

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

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

J. Agreement Authorization

1. If a public entity, 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.

K. Contractor’s Staff

1. 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 K/T AAA may find necessary from time to time.

L. 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.

M. Corporate Status

1. 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.

2. Contractor shall ensure that any Subcontractors providing services under this Agreement shall be of sound financial status. Any subcontracting private entity

Kings/Tulare Area Agency on Aging 40 Agreement No: NM 26/27-05 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 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.

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

3. 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.

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 41 Agreement No: NM 26/27-05 O. SWAG
In 2011, Gov. Jerry Brown issued an executive memo that has banned state agencies and departments from spending taxpayer money on promotional items, which he named “S.W.A.G”.

S.W.A.G stands for “Stuff We All Get.” The executive memo has not been overturned and is still in effect; accordingly , all entities that receive state funds must adhere to the executive memo.

Ultimately, there is no specific case law defining S.W.A.G; each case is unique. The subcontractor must assess whether an item is either S.W.A.G. or an allowable expense.

The decision to proceed with the purchase at issue as an allowable expense requires the subcontractor to maintain a record and keep a written justification regarding the purchase in its procurement file, as discussed below.

1. KEEPING WRITTEN JUSTIFICATION FOR PROCUREMENT
If the subcontractor determines that it is moving forward with the purchase of a promotional item, it should comply with the procedures outlined in SCM Vol 2.

Chapter 400, section 401:

2. FUNCTIONALITY AS AN ASSESSMENT FACTOR
In conducting its analysis on whether a promotional item constitutes S.W.A.G or should be deemed an allowable expense, the subcontractor may consider:
- The functionality of the item,
- Whether the item is given to a targeted group of people vs. to the general public,
- Whether the items are to be used for promotional purposes in support of the departmental mission and the subcontractor’s business needs.

Kings/Tulare Area Agency on Aging 42 Agreement No: NM 26/27-05

3. Subcontractors should work with their counsel to determine whether a promotional item may constitute S.W.A.G. If the subcontractor deems the item an allowable expense, this will trigger the requirement to maintain written justification in its procurement files.

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
Contractor shall not begin work in advance of receipt of the approved contract. Should 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. 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).

B. 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.

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 this exhibit. Funds for this Agreement shall not be obligated in subcontracts for services beyond the ending date of this Agreement.

D. 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.

Kings/Tulare Area Agency on Aging 43 Agreement No: NM 26/27-05 F. Contractor shall monitor the insurance requirements of its Subcontractors in accordance with Article XI of this exhibit.

G. Contractor shall require language in all Subcontracts to indemnify, defend, and save harmless the K/T AAA and Contractor, and their respective 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. 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 Contractor in a timely manner and at intervals as determined by K/T AAA.

I. Prior to the awarding of a subcontract to any for-profit entity, 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.

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. Contractor shall require the Subcontractor to maintain adequate staff to meet the Subcontract 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. Contractor shall refer to 2 CFR 200.330, Subpart D- Subrecipient and Contractor Determinations, in deciding if a subcontractor relationship exists. If such a relationship exists, then Contractor shall follow the procurement requirements in the applicable regulation.

Kings/Tulare Area Agency on Aging 44 Agreement No: NM 26/27-05 ARTICLE VI. RECORDS
A. 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, 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 K/T AAA. All records pertaining to this Agreement must be made available for inspection and audit by K/T AAA or its duly authorized agents at any time during normal business hours.

B. All such records, including confidential records, must be maintained and made available by 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. 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 K/T AAA 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, 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.

Kings/Tulare Area Agency on Aging 45 Agreement No: NM 26/27-05 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 one (1) year and has a unit acquisition cost of at least $5,000 (a desktop or laptop setup is considered a unit if purchased as a unit).

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

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

C. Additions, improvements, and betterments to assets meeting all of the 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. 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. Contractor shall certify their reported property inventory

Kings/Tulare Area Agency on Aging 46 Agreement No: NM 26/27-05 annually with the Closeout by completing the Program Property Inventory Certification (CDA 9024), unless further restricted by contract, where applicable.

The Contractor shall, at a 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.

F. Disposal of Property

1. Prior to disposal of any property purchased by 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. Contractor shall email to the K/T AAA the electronic version of the Request to Dispose of Property (CDA 248). The K/T AAA will then instruct 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.

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

H. 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.

Kings/Tulare Area Agency on Aging 47 Agreement No: NM 26/27-05 I. 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 Contractor has complied with all written instructions from the K/T AAA regarding the final disposition of the property.

J. In the event of Contractor’s dissolution, or upon termination of this Agreement, Contractor shall provide a final property inventory to the K/T AAA. K/T AAA reserves the right to require Contractor to transfer such property to another entity, or to 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, K/T AAA will issue specific written disposition instructions to the Contractor.

L. 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 the written approval of the K/TAAA for other purposes, in this order:

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

2. Another K/T AAA-funded program.

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

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

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

ARTICLE VIII. ACCESS
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.

Contractor shall include this requirement in its subcontracts.

Kings/Tulare Area Agency on Aging 48 Agreement No: NM 26/27-05 ARTICLE IX. MONITORING AND EVALUATION
A. Authorized K/T AAA representatives shall have the right to monitor and evaluate the Contractor’s and any subcontractors’ 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, and procurement audits, inspections of project premises, inspection of food preparation sites, and interviews of project staff and participants.

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

C. 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. 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, or a representative of the K/T AAA, 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 and/or KTAA determines necessary. In the event that K/T AAA is informed of an audit by an outside federal or State government entity affecting the Contractor, K/T AAA will provide timely notice to the Contractor.

2. Contractor shall make available all reasonable information necessary to substantiate that expenditures under this Agreement are allowable and allocable, including, but not limited to, 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 the State to perform inspections, or a representative of the K/T AAA, for examination, copying, or mechanical reproduction, on or off the premises of the appropriate entity upon a reasonable request.

Kings/Tulare Area Agency on Aging 49 Agreement No: NM 26/27-05

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

B. CDA Fiscal and Compliance Audits

2. The CDA fiscal and compliance audits may include, but are not limited to, a review of:
a.Financial closeouts (2 CFR 200.16)
b.Internal controls (2 CFR 200.303)
c.Allocation of expenditures (2 CFR 200.4)
d.Allowability of expenditures (2 CFR 200.403)
e.Equipment expenditures and approvals, if required (2 CFR 200.439) C. Single Audit Reporting Requirements (2 CFR 200 Subpart F)

1. Contractor Single Audit Reporting Requirements.
a. Contractors that expend $1,000,000 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.vb. A copy shall be submitted to the:

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

Visalia CA 93277

Kings/Tulare Area Agency on Aging 50 Agreement No: NM 26/27-05 b. The copy shall be submitted within thirty (30) days after receipt of the Auditor’s report or nine (9) months after the end of the audit period, whichever occurs first, or unless a longer period is agreed to in advance by the cognizant or oversight agency.
c. For purposes of reporting, 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, 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. 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 Subcontractors
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. Contractor shall, at a minimum, perform Contract resolution within fifteen (15) months of the "Financial Closeout Report."

4. Contract resolution includes:
a. Ensuring that Subcontractors expending $1,000,000 or more in federal awards during the Subcontractor’s fiscal year have met the audit requirements of 2 CFR 200.501 - 200.521.
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. 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

Kings/Tulare Area Agency on Aging 51 Agreement No: NM 26/27-05 (e.g., risk assessment [2 CFR 200.331], documented review of financial statements, and documented expense verification, including match, etc.).

5. When alternative procedures are used, 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, Subpart E - Cost Principles.[2 CFR 200.302]
g. 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.

6. Contractor shall ensure that Subcontractor single audit reports meet 2 CFR 200, Subpart F - Audit Requirements:
a. Performed timely, not less frequently than annually, and a report was 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] b. Properly procured – use procurement standards for auditor selection. [2 CFR 200.509]

Kings/Tulare Area Agency on Aging 52 Agreement No: NM 26/27-05 c. Performed in accordance with Generally Accepted Government Auditing Standards. [2 CFR 200.514]
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] e. Performed in accordance with provisions applicable to this program as identified in 2 CFR Part 200, Subpart F, Audit Requirements.

7. 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.

8. 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.

9. 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, is allowable. However, the following audit costs are unallowable:
a. Any costs when audits required by the Single Audit Act and 2 CFR 200, Subpart 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, Subpart F – Audit Requirements because its expenditures under federal awards are less than $1,000,000 during the non-federal entity’s fiscal year.

Kings/Tulare Area Agency on Aging 53 Agreement No: NM 26/27-05 (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, Subpart 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].

ARTICLE XI. INSURANCE
A. Prior to commencement of any work under this Agreement, 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-G, which requires higher levels of insurance for charter-party carriers of passengers and is based on seating capacity as follows:
a. $750,000 if seating capacity is under 8.
b. $1,500,000 if seating capacity is 8 – 15.
c. $5,000,000 if seating capacity is over 15.
.

Kings/Tulare Area Agency on Aging 54 Agreement No: NM 26/27-05

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 K/T AAA and the County of Tulare Risk Manager (or designee). 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. 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.

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 always be 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 premiums. In the event the insurance coverage expires during the term of this Agreement, 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 herein for a period not less than the remaining Agreement term or for a period not less than one (1) year. In the event the Contractor fails to keep in effect at all times said insurance coverage, the K/T AAA may, in addition to other remedies it may have, terminate this Agreement.

Kings/Tulare Area Agency on Aging 55 Agreement No: NM 26/27-05 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 and K/T AAA harmless. The subcontractor’s Certificate of Insurance for general and auto liability shall also name the Contractor and 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, Contractor shall file with the K/T AAA and the County of Tulare, certificates of insurance with the original endorsements affecting coverage in a form acceptable to K/T AAA. K/T AAA and the County of Tulare reserve the right to require certified copies of all required insurance policies at any time.

I. 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.

ARTICLE XII. TERMINATION
A. Termination Without Cause
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. 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 Agreement 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. 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 the Agreement shall be deemed to remain in effect and is not void.

Kings/Tulare Area Agency on Aging 56 Agreement No: NM 26/27-05 B. Termination for Cause
K/T AAA may terminate, in whole or in part, for cause, the performance of work under this Agreement. 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. 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 to 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 the 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.

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. Contractor’s organizational structure has materially changed.

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

Kings/Tulare Area Agency on Aging 57 Agreement No: NM 26/27-05 C. Contractor’s Obligation After Notice of Termination
After receipt of a Notice of Termination, and except as directed by the K/T AAA, Contractor shall immediately proceed with the following obligations, as applicable, regardless of any delay in determining or adjusting any funds due under this clause.

The Contractor shall:

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

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

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

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

D. Effective Date
Termination of this Agreement shall take effect immediately in the case of an emergency such as a 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, K/T AAA will present written notice to Contractor of any condition which must be met prior to termination, such as, but not limited to, transfer of clients, care of clients, return of unspent funds, and disposition of property, ARTICLE XIII. REMEDIES
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

Kings/Tulare Area Agency on Aging 58 Agreement No: NM 26/27-05 breach of this Agreement by the Contractor, whether such breach occurs before or after completion of the project.

ARTICLE XIV. DISSOLUTION OF ENTITY
Contractor shall notify the K/T AAA immediately of any intention to discontinue the 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. 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 XVII. K/T AAA CONTACT
A. K/T AAA will provide 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. Contractor shall designate an individual to serve as the primary point of contact for K/T AAA. Contractor shall notify K/T AAA when the primary contact will be unavailable/out of the office for one (1) or more workdays. Contractor or designee must respond to K/T AAA inquiries within two (2) K/T AAA business days.

ARTICLE XVIII. INFORMATION INTEGRITY AND SECURITY
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.

Kings/Tulare Area Agency on Aging 59 Agreement No: NM 26/27-05 A. Definitions

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.).

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's license/California identification card number, or financial account number) that may trigger a requirement to notify individuals if it is acquired by an unauthorized person. For the purpose 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 a 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.

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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
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.

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 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.

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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.
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 Contractor's administrative, technical, and physical safeguards shall include, at a minimum:

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1. Technical Security Controls:

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.

3. Patch Management:

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

4. Transmission and Storage of PSCI:

All persons who will be working with PSCI shall employ 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.

5. 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.

6. 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.

7. Data Security:

Kings/Tulare Area Agency on Aging 63 Agreement No: NM 26/27-05 such that unauthorized parties are unable to read the data within the database/data repositories or any backups.

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.

1. Mailing:

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.

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3. Mitigation of Harmful Effects:

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

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:

Kings/Tulare Area Agency on Aging 65 Agreement No: NM 26/27-05 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/
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 that 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 for a new submission timeframe for the complete report.

Kings/Tulare Area Agency on Aging 66 Agreement No: NM 26/27-05 manner, and content of any such notifications, and their review and approval must be obtained before the notifications are made.

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 not to 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:

2. Notification to K/T AAA in the event the Contractor is subject to Other Audit:

Kings/Tulare Area Agency on Aging 67 Agreement No: NM 26/27-05 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:

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

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5. 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.

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 reserve 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. 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 and K/T AAA each reserve 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. 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 Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.

B. Rights in Data

1. 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. 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 that is not client-specific.

Kings/Tulare Area Agency on Aging 69 Agreement No: NM 26/27-05 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.

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/or the K/T AAA and 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. Contractor will assist the K/T AAA in conducting a cultural and linguistic groupneeds 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

Kings/Tulare Area Agency on Aging 70 Agreement No: NM 26/27-05 Government Code section 11135 et seq., 2 CCR 11200 et seq., and 22 CCR 98300 et seq.

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

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

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

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

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

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

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

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

2. 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

Kings/Tulare Area Agency on Aging 72 Agreement No: NM 26/27-05 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. Contractor shall comply with the standards and guidelines for procurement of supplies, equipment, construction, and services as provided in 45 CFR 92.36.

4. Contractor 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 the 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.

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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. 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 K/T AAA or its contractors.

11. 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.

12. 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:
(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.

Kings/Tulare Area Agency on Aging 74 Agreement No: NM 26/27-05 (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.

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

14. 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.

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

16. 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 who have contact with older individuals or persons with disabilities.

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

18. 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.

19. 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)].

Kings/Tulare Area Agency on Aging 75 Agreement No: NM 26/27-05 ARTICLE II. REPORTING PROVISIONS
A. 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. 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

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

D. 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.

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K/T AAA is required to adhere to the Older Americans Act Performance System (OAAPS) 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.
c. Client files that include intake, reassessment, and eligibility documents. d. Waiting lists for services that are at capacity.

E. 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, including the following:

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

2. Ensuring the 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

Kings/Tulare Area Agency on Aging 77 Agreement No: NM 26/27-05 F. 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.

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. Contractor shall submit a transition plan to the K/T AAA within fifteen (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.

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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 of, 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. 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 79 Agreement No: NM 26/27-05 EXHIBIT E: HIPAA REQUIREMENT (Updated version 04/18/18) 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.

C. Regulatory References
All references to regulatory Sections, Parts, and Subparts in this Exhibit are to Title 45 of the Code of Federal Regulations, parts 160 and 164 (the “HIPAA

Kings/Tulare Area Agency on Aging 80 Agreement No: NM 26/27-05 Privacy Rule” and the “HIPAA Security Rule”) as in effect or as amended, and for which compliance is required, unless otherwise specified.

D. Obligations and Activities of Business Associate
Business Associate agrees to:
a. Acknowledge that it is required by Sections 13401 and 13404 of the HITECH Act to comply with the HIPAA Security Rule, Sections 164.308 through 164.316, including the Security Rule’s Administrative, Physical, and Technical safeguard requirements and the use and disclosure provisions of the HIPAA Privacy Rule, Sections 164.502 and 164.504. b. Not use or further disclose PHI other than as permitted or required by this Exhibit, or as required by law.
i. Use appropriate safeguards to maintain the security, including compliance with Subpart C of 45 CFR Part 164, with respect to electronic PHI, to prevent use or disclosure of the PHI other than as provided for by this Agreement. Appropriate safeguards shall include implementing administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the PHI that is created, received, maintained, or transmitted on behalf of the Covered Entity and limiting use and disclosure to applicable minimum necessary rules, regulations, and statutes.
ii. To the extent practicable, Business Associate will secure all PHI by technological means that render such information unusable, unreadable, or indecipherable to unauthorized individuals and in accordance with any applicable standards or guidance issued by the Department of Health and Human Services under Section 13402 of the HITECH Act.
c. Report breach disclosures immediately to Covered Entity. Business associate: 1) shall report to Covered Entity any use or disclosure of PHI not provided for by this Agreement on the first day the Business Associate knows or should have known about it; 2) notify the Covered Entity of any and all breaches of PHI, and provide detailed information to the Covered Entity about the breach, along with the names and contact information, when available, of all individuals whose PHI was involved. (See Section 6 of this Exhibit for further detail.) 3) agrees that such notification will meet the requirements of Section 13402 of the HITECH Act and § 164.410 of the amended HIPAA regulations.

Kings/Tulare Area Agency on Aging 81 Agreement No: NM 26/27-05 d. Enter into a written agreement with any agent, including a subcontractor, to whom it provides PHI received from, or created or received by Business Associate on behalf of Covered Entity, pursuant to which such agent or subcontractor agrees to be bound by the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information in accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2) if applicable. (See Section 11 of this Exhibit for further detail.)
e. Make internal practices, books, and records, including policies and procedures relating to the use and disclosure of PHI, available to the Covered Entity or to the Secretary of the United States Department of Health and Human Services (“Secretary”), for purposes of determining Business Associate’s compliance with the HIPAA Privacy Rule and Security Rule. (See Section 12 of this Exhibit for further detail.) f. Maintain and make available the information required to provide an accounting of disclosures of PHI as would be required for Covered Entity to respond to a request by an individual for an account of disclosures of PHI in accordance with 45 CFR § 164.528. E.

E. Permitted Uses and Disclosures by Business Associate a. Business Associate may use PHI to report violations of law to appropriate Federal and State authorities consistent with Section 164.502(j).

Unless otherwise limited in this Exhibit, Business Associate may:
b. Use or disclose PHI to perform functions, activities, or services for, or on behalf of, Covered
Entity as necessary to perform the services described in Exhibit A to the Agreement, or as otherwise specified in the Master Exhibit, subject to limiting use and disclosure to applicable minimum necessary rules, regulations, and statutes, and provided that such use or disclosure would not violate the Privacy Rule if done by Covered Entity.
c. Use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. d. Disclose PHI for the proper management and administration of the Business Associate, provided that disclosures are required by law, or Business Associate obtains the appropriate medical release from the person whose PHI is being disclosed and the person to whom the PHI is disclosed provides reasonable assurances in writing that the PHI 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 Business Associate of any instances of

Kings/Tulare Area Agency on Aging 82 Agreement No: NM 26/27-05 which it is aware in which the confidentiality of the information has been breached.
e. Use PHI to provide Data Aggregation services to Covered Entity as permitted by Section 164.504(e)(2)(i)(B).

F. Reporting Unauthorized Uses and Disclosures
a. Business Associate agrees to notify Covered Entity of any breach, or security incident involving PHI of which it becomes aware, including any access to, or use or disclosure of PHI not permitted by this Exhibit. Such notification will be made immediately after discovery and will include, to the extent possible, the identification of each individual whose PHI has been, or is reasonably believed by the Business Associate to have been, accessed, acquired, used or disclosed, a description of the PHI involved, the nature of the unauthorized access, use or disclosure, the date of occurrence, and a description of any remedial action taken or proposed to be taken by Business Associate. Business Associate will also provide to Covered Entity any other available
information that the Covered Entity is required to include in its notification to the individual under Section 164.404(c) at the time of the initial report or within three (3) days of the information becoming available.
b. In the event of a request by law enforcement under Section 164.412, Business Associate may delay notifying Covered Entity for the applicable timeframe. c. A breach or unauthorized access, use, or disclosure shall be treated as discovered by the Business Associate on the first day on which such unauthorized access, use, or disclosure is known, or should reasonably have been known, to the Business Associate or to any person, other than the individual committing the unauthorized disclosure, that is an employee, officer, subcontractor, agent or other representative of the Business Associate.
d. In meeting its obligations under this section, it is understood that Business Associate is not acting as the Covered Entity’s agent. In performance of the work, duties, and obligations and in the exercise of the rights granted under this Exhibit, it is understood and agreed that Business Associate is at all times acting as an independent contractor in providing services pursuant to this Exhibit and the Agreement.

Kings/Tulare Area Agency on Aging 83 Agreement No: NM 26/27-05 b. Following the actions listed in Section 7(a) of this Exhibit, Business Associate agrees to take any and all corrective action necessary to prevent recurrence, to document any such action, and to make said documentation available to Covered Entity.
c. Except as required by law, Business Associate agrees that it will not inform any third party of a
breach or unauthorized access, use, or disclosure of PHI without obtaining the Covered Entity’s prior written consent. Covered Entity hereby reserves the sole right to determine whether and how such notice is to be provided to any individuals, regulatory agencies, or others as may be required by law, regulation, or contract terms, as well as the contents of such notice.

H. Indemnification
Business Associate agrees to:
a. Hold harmless, defend at its own expense, and indemnify Covered Entity for the costs of any mitigation undertaken by Business Associate pursuant to Section 7 of this Exhibit.
b. Assume responsibility for any and all costs associated with the Covered Entity’s notification of individuals affected by a breach or unauthorized access, use, or disclosure by Business Associate or its employees, officers, subcontractors, agents, or other representatives when such notification is required by any state or federal law or regulation, or under any applicable contract to which Covered Entity is a party.
c. Hold harmless, defend at its own expense and indemnify Covered Entity and its respective employees, directors, officers, subcontractors, agents or other members of its workforce (each of the foregoing hereinafter referred to as “Indemnified Party”) against all actual and direct losses suffered by the Indemnified Party and all liability to third parties arising from or in connection with any breach of this Exhibit or from any acts or omissions related to this Exhibit by Business Associate or its employees, directors, officers, subcontractors, agents or other members of its workforce. Accordingly, on demand, Business Associate shall reimburse any Indemnified Party for any and all actual and direct losses, liabilities, lost profits, fines, penalties, costs or expenses (including reasonable attorney’s fees) which may for any reason be imposed upon any Indemnified Party by reason of any suit, claim, action, proceeding or demand by any third party which results from the Business Associate’s acts or omissions hereunder.

Business Associate’s obligation to indemnify any Indemnified Party shall survive the expiration or termination of the Agreement.

Kings/Tulare Area Agency on Aging 84 Agreement No: NM 26/27-05 I. Individual’s Rights
Business Associate agrees to:
a. Provide access, at the request of Covered Entity, and in the time and manner designated by the Covered Entity, to PHI in a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an individual in order to meet the requirements under Section 164.524.
b. Make any amendment(s) to PHI in a Designated Record Set that the Covered Entity directs or agrees to make pursuant to Section 164.526, at the request of the Covered Entity or an individual, and in the time and manner designated by the Covered Entity.
c. Document such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to a request by an individual for an accounting of disclosures of PHI in accordance with Section 164.528. d. Provide to Covered Entity or an individual, in the time and manner designated by Covered Entity, information collected in accordance with Section 9(c) of this Exhibit, to permit Covered Entity to respond to a request by an individual for an accounting of disclosures of PHI in accordance with Section 164.528. e. Comply with any restriction to the use or disclosure of PHI that Covered Entity agrees to in accordance with Section 164.522.

J. Obligations of Covered Entity
Covered Entity shall:
a. Provide Business Associate with the notice of privacy practices that Covered Entity produces in accordance with Section 164.520, as well as any changes to such notice.
b. Provide Business Associate with any changes in, or revocation of, permission by the individual to use or disclose PHI, if such changes affect Business Associate’s permitted or required uses and disclosures.
c. Notify Business Associate of any restriction to the use or disclosure of PHI that Covered Entity has agreed to in accordance with Section 164.522, to the extent that such restriction may affect Business Associate’s use or disclosure of PHI.

Kings/Tulare Area Agency on Aging 85 Agreement No: NM 26/27-05 K. Agents and Subcontractors of Business Associate
a. Business Associate agrees to ensure that any agent, subcontractor, or other representative to whom it provides PHI received from, or created or received by Business Associate on behalf of Covered Entity, agrees in writing to the same restrictions, conditions and requirements that apply through this Exhibit to Business Associate with respect to such information, including the requirement to promptly notify the Business Associate of any instances of unauthorized access to or use or disclosure of PHI of which it becomes aware. Upon request, Business Associate shall provide copies of such agreements to Covered Entity. b. Business Associate shall implement and maintain sanctions against any agent, subcontractor, or other representative that violates such restrictions, conditions, or requirements and shall mitigate the effects of any such violation.

L. Audit, Inspection, and Enforcement
a. Business Associate agrees to make internal practices, books, and records relating to the use and disclosure of PHI received from or created or received by Business Associate on behalf of, Covered Entity, available to any state or federal agency, including the Secretary, for the purposes of determining compliance with HIPAA and any related regulations or official guidance.
b. With reasonable notice, Covered Entity and its authorized agents or contractors may audit and/or examine Business Associate’s facilities, systems, policies, procedures, and documentation relating to the security and privacy of PHI to determine compliance with the terms of this Exhibit. Business Associate shall promptly correct any violation of this Exhibit found by Covered Entity and shall certify in writing that the correction has been made. Covered Entity’s failure to detect any unsatisfactory practice does not constitute acceptance of the practice or a waiver of Covered Entity’s enforcement rights under the Agreement.

Kings/Tulare Area Agency on Aging 86 Agreement No: NM 26/27-05 agreed in accordance with this section that it is not feasible to return or destroy all PHI.
b. Upon termination of the Agreement, Business Associate shall recover any PHI relating to the Agreement and this Exhibit in its possession and in the possession of its subcontractors, agents, or representatives. Business Associate shall return to Covered Entity, or destroy with the consent of Covered Entity, all such PHI, in any form, in its possession and shall retain no copies. If the Business Associate believes it is not feasible to return or destroy the PHI, the Business Associate shall so notify the Covered Entity in writing. The notification shall include: (1) a statement that the Business Associate has determined that it is not feasible to return or destroy the PHI in its possession, and (2) the specific reasons for such determination. If Covered Entity agrees in its sole discretion that Business Associate cannot feasibly return or destroy the PHI, Business Associate shall ensure that any and all protections, requirements and restrictions contained in the Agreement and this Exhibit shall be extended to any PHI for so long as Business Associate maintains such PHI, and that any further uses and/or disclosures will be limited to the purposes that make the return or destruction of the PHI infeasible. c. Covered Entity may immediately terminate the Agreement if it determines that Business Associate has violated a material term of this Exhibit.

P. Lost Revenues; Penalties/Fines
a. Lost Revenues. Business Associate shall make Covered Entity whole for any revenues lost arising from an act or omission in billing practices by Business Associate.
b. Penalties/Fines for Failure to Comply with HIPAA. Business Associate shall pay any penalty or fine assessed against Covered Entity arising from Business Associate’s failure to comply with the obligations imposed by HIPAA. c. Penalties/Fines (other). Business Associate shall pay any penalty or fine assessed against Covered Entity arising from Business Associate’s failure to comply with all applicable Federal or State Health Care Program Requirements, including, but not limited to, any penalties or fines which may be assessed under a Federal or State False Claims Act provision.

Kings/Tulare Area Agency on Aging 87 Agreement No: NM 26/27-05 Q. Entire Agreement
This Exhibit constitutes the entire HIPAA Business Associate Agreement between the parties and supersedes any and all prior HIPAA Business Associate Agreements between them.

Kings/Tulare Area Agency on Aging 88 Agreement No: NM 26/27-05 EXHIBIT F: CONTRACT AWARD AND UNITS OF SERVICE
TOTAL FUNDING AWARD: $66,820

FUNDING AWARDED BY SERVICE CATEGORY
TITLE III C-1: CONGREGATE NUTRITION Funding: $26,728
Activity Measure
Congregate Meals # of Meals
Nutrition Education # of Sessions per participant
TITLE III C-2: HOME DELIVERED NUTRITION Funding: $40,092 Activity Measure
Home Delivered Meals # of Meals
Nutrition Education # of Sessions per participant

Kings/Tulare Area Agency on Aging 89 Agreement No: NM 26/27-05 EXHIBIT G: PROGRAM SCOPE OF WORK
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 https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=I 07D68F605B6111EC9451000D3A7C4BC3&originationContext=documenttoc&transitionType= Default&contextData=(sc.Default)
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. Area To Be Served
Congregate Meal Services must be provided, at a minimum, in the City of Tulare.

Home Delivered Meals shall be provided throughout the City of Tulare, based on the assessed needs of clients.

Kings/Tulare Area Agency on Aging 90 Agreement No: NM 26/27-05 nutrition provider, contains a minimum one-third of the Dietary Reference Intakes, and complies with the Dietary Guidelines for Americans.

1. Unit of Service - One (1) Meal is counted as one (1) Service Unit C. Nutrition Education (C1/C2): 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 DGA; accurate, culturally sensitive, regionally appropriate, and considers personal preferences; and overseen by a registered dietitian or individual of comparable expertise as defined in the OAA. A session for C-1 is one presentation covering the same topic(s), even if offered multiple times in multiple locations. A session for C-2 is one set of handouts covering the same topic(s).

1. Unit of Service - One (1) Session is counted as one (1) Service Unit 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. [CCR 7636.9(b)(3); CCR 7638.7(b); and OAA § 339(2)(H)]

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.

Kings/Tulare Area Agency on Aging 91 Agreement No: NM 26/27-05 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. 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

Kings/Tulare Area Agency on Aging 92 Agreement No: NM 26/27-05

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 must be 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, at the
client's home. 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 reheating the meals.
c. Establish a waiting list for home-delivered meals whenever the homedelivered meal providers are unable to provide meals to all eligible individuals. The decision to place eligible recipients of a homedelivered 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

Kings/Tulare Area Agency on Aging 93 Agreement No: NM 26/27-05 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, approved, and delivered to congregate and home-delivered meal participants by the K/T AAA Registered Dietitian (RD).
d. The Contractor will confirm that Nutrition Education materials are being disbursed.
e. Service units shall be documented and reported to the K/T AAA.

2. Nutrition Education shall be based on the particular needs of congregate and home-delivered meal participants.

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 of 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 94 Agreement No: NM 26/27-05 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.

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.

Kings/Tulare Area Agency on Aging 95 Agreement No: NM 26/27-05 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.

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, the 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.

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 Hazard Analysis Critical Control Point (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.

H. Senior Participants

1. Satisfaction Survey

Kings/Tulare Area Agency on Aging 96 Agreement No: NM 26/27-05 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 predesignated frequency. The K/T AAA will provide assistance to the SNP Provider in establishing this process.

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 ongoing basis to obtain the highest quality food for the lowest price available.

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.

Kings/Tulare Area Agency on Aging 97 Agreement No: NM 26/27-05 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 that food service sanitation and the practice of hygienic food handling techniques are followed. This person shall function with the advice of a Registered Dietitian.

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 that protects it 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.

Kings/Tulare Area Agency on Aging 98 Agreement No: NM 26/27-05 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. 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.
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.

Kings/Tulare Area Agency on Aging 99 Agreement No: NM 26/27-05

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.

N. Program Requirements

Client Intake Forms shall be completed:
1) Congregate Meal Participants – at the beginning of
service and then annually thereafter for clients who
remain in the program.
2) Home-Delivered Meal Participants – at the beginning
of service and then quarterly thereafter for clients who remain in the program.

Nutritional Risk Assessment Forms shall be completed:
3) Congregate and Home-Delivered Meal Participants – at the beginning of service and then annually thereafter for clients who remain in 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)] 1) 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.

Kings/Tulare Area Agency on Aging 100 Agreement No: NM 26/27-05 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.

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.

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

Kings/Tulare Area Agency on Aging 101 Agreement No: NM 26/27-05 kind is permitted on the premises during the lunch hours for services or goods promoted by businesses.

Guidelines and Requirements
When planning meals, the Older Americans 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 OAA, 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.

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:

Kings/Tulare Area Agency on Aging 102 Agreement No: NM 26/27-05 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.

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 grains • 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 • 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.

Kings/Tulare Area Agency on Aging 103 Agreement No: NM 26/27-05 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 are provided 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.

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 an 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.

Kings/Tulare Area Agency on Aging 104 Agreement No: NM 26/27-05 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; 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 105 Agreement No: NM 26/27-05 EXHIBIT H: CULTURAL COMPETENCE AND DIVERSITY
The Contractor is encouraged to support K/T AAA in the journey to work effectively across and among all cultures. It is the desire of K/T AAA 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 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 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.

Item #: 6.4
Consent
Staff Report
City Council
Date: August 4, 2026
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Notice of Completion – PK0039 Alpine Property Improvements

RECOMMENDED ACTION
Accept as complete the contract with Clean Cut Landscaping, Inc, of Clovis, CA, for work on Project PK0039 Alpine Property Improvements; and authorize the City Engineer to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office.

ALIGNMENT WITH STRATEGIC PRIORITIES
Quality of Life and Community Engagement

SUMMARY
Capital Improvement Project PK0039 involved the construction of new concrete improvements, including an ADA-compliant sidewalk, curb and gutter, and drive approach on Alpine Avenue between Nelder Grove St and Montana De Oros St and on Nelder Grove St between Alpine Ave and Catavee Ave. Also included in this project was the installation of a new streetlight and water service relocation for future use.

It was approved as part of the City’s 2023-2028 CIP program budget.

On December 16, 2025, City Council awarded a contract to Clean Cut Landscaping, Inc., of Clovis, CA, in the amount of $294,062.60.

FISCAL IMPACT & FUNDING SOURCES
The project was funded through Fund 400 General CIP.

A summary of contract costs is as follows:

Approved Contract Amount: $ 294,062.60
Contract Change Orders: $ -10,857.59 (-3.7%)
Total Construction Contract Cost: $ 283,205.01
This project had one change order, a balancing change order issued at the end of the project. It addressed all bid item discrepancies, including underpayments and overages. The concrete sidewalk, concrete curb and gutter, and asphalt concrete bid items exceeded the estimated budget, while the unknown utility conflict bid item was not used. All items are now guaranteed to be completed at 100%.

Because more items ran under than over, the bid items were adjusted to balance the totals, and the final contract amount was reduced.

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

POTENTIAL 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 – Should Council deny the request to accept the contract with the contractor as complete, the City will be prevented from releasing the retention payment owed to the Contractor and from filing a notice of completion with the County. This will postpone the start of the 1-year maintenance bond on the project. Without specific written findings justifying the delay in payment, the City could open itself up to litigation for damages caused by the delay.

3. Table

ATTACHMENTS

1. Notice of Completion
Reviewed/Approved: MM
RECORDING REQUESTED BY:

CITY OF TULARE
AND WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 East Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED.

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The City of Tulare, a Municipal Corporation, whose address is 411 East Kern Avenue, Tulare, California, is the owner of the real property, public works, or structure hereinafter described.

2. The nature of the title of the stated owner is: In fee

3. On the 4th day of August 2026, a work of improvement on real property hereinafter described was completed pursuant to a contract to which Title 15 of Part 4 of Division 3 of the Civil Code applies.

4. The name of the Contractor who performed said work of improvements pursuant to such contract with the City of Tulare is Clean Cut Landscaping, Inc., whose address is 1865 Herndon Avenue #K591, Clovis, CA 93611. The surety on said contract is Everest National Insurance Company.

5. The real property or public works or structure is described as follows:

Alpine Property Improvement, Project No. PK0039.

Dated: , 2026 CITY OF TULARE
A Municipal Corporation,
By:

Michael W. Miller, City Engineer

VERIFICATION
I am the City Engineer of the City of Tulare and am authorized to make this verification on behalf of the City. I have read the foregoing Notice of Completion, know the contents thereof, and believe it to be true and correct to the best of my knowledge.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on , 2026 at Tulare, California.

By:

Michael W. Miller, City Engineer
Item #: 6.5
Consent
Staff Report
City Council
Date: August 4, 2026
Department: Information Technology Services
Submitted by: Jason Bowling, Deputy City Manager / Chief Technology Officer Agenda Title: Award Construction Contract for Project IT0055 Fire Station 25 Radio Equipment

RECOMMENDED ACTION
Award and authorize the City Manager to sign contracts related to the construction of CIP Project IT0055 – Fire Station 25 Radio Equipment; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount.

Task Description Contractor Amount

1. Construction Contractor Apex Site Solutions Inc. $75,960

2. Labor Compliance Labor Consultants of California $8,100

ALIGNMENT WITH STRATEGIC PRIORITIES
Public Safety and Emergency Preparedness

SUMMARY
In May 2025, the City of Tulare entered into a memorandum of understanding (MOU) with Tulare County to use a recently constructed 140-ft communications tower at 2082 Foster Drive, Tulare, CA, for radio and communications services. Over the past several months, City of Tulare Public Safety and Information Technology staff have worked to develop a comprehensive project to add communications to this location. The scope of this project will add police and fire communications to this site, as well as infrastructure to read water meters. The tower's location and height make this an ideal site to add to the police and fire radio network. The addition of this site will help ensure coverage in the growth areas on the east side of the city.

Labor Consultants of California, based in Hanford, CA is included on the list of pre-qualified 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 scope of this project and proposes to perform the necessary services on a time-and-materials basis, not to exceed $8,100, in accordance with the provisions of their on-call contract. This amount is in line with industry standards and aligns with the City's experience on projects with similar scopes of work.

FISCAL IMPACT & FUNDING SOURCES
The primary funding is a new appropriation from the Technology reserve, now included in the General CIP Fund, formerly known as Fund 603, the Technology CIP Fund. The remaining funding for the completion of this project will come from the approved project WT0049 Meter Upgrade. This funding has already been approved by the Board of Public Utilities Commissioners and will be used for the water meter reading equipment portion and for a share of the communications cabinet and power construction.

ENVIRONMENTAL REVIEW
This project is exempt pursuant to Sections 15268 (Ministerial Projects) and 15301 (existing facilities) of the California Environmental Quality Act.

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

LEGAL REVIEW
Subsequent contract approval to be reviewed by the City Attorney.

PUBLIC NOTICE
This item does not require a public hearing and was included on the agenda.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny – Reject all bids received for Project IT0055 and direct staff to re-bid the project.

3. Table

ATTACHMENTS

1. Bid Schedule – Apex Site Solutions

2. Labor Compliance Proposal

3. Project Sheet
Reviewed/Approved: MM

IT0055 G/L#:

Prior Years 2023/2024 2024/2025 2025/2026 2026/2027 2027/2028 Costs Description
050 - Design Costs $0 $0 $0 $12,850 $0 $0 $12,850
0200 - Professional Services/Consultant $0 $0 $0 $12,850 $0 $0 $12,850 $0 0996 - Project Management Time $0 $0 $0 $0 $0 $0 $0 $0
070 - Construction/Implement $0 $0 $0 $126,544 $94,669 $0 $221,213 0600 - Construction/Labor & Material Costs $0 $0 $0 $115,040 $75,690 $0 $190,730 0200 - Professional Services
0205 - Labor Compliance $0 $0 $0 $0 $8,100 $0 $8,100 $0 0996 - Project Management $0 $0 $0 $0 $2,500 $0 $2,500 $0 0999 - Contingency $0 $0 $0 $11,504.0 $8,379.0 $0 $19,883 $0 Total Costs: $0 $0 $0 $139,394 $189,338 $0 $234,063 $0
Funding Sources
General CIP Fund 400 (Technology) $0 $0 $0 $127,890 $62,110 $0 $190,000 $0 Water CIP 407 (Existing Project WT0049) $0 $0 $0 $12,850 $32,150 $0 $45,000 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
Total Funding: $0 $0 $0 $140,740 $94,260 $0 $235,000 $0 CRITERIA (1-8): Criteria 2: Project addresses regulatory, safety, or environmental requirements that more likely than not threatens in whole or in part the City's ability to operate a core program or function within the next fiscal year if not replace or repaired.

Fiscal Year
Total Unfunded
PROJECTED START DATE: 4/15/2026
PROJECTED END DATE: 6/30/2026
FUTURE M & O: New equipment will be added to equipment replacement program and will increase replacement costs based on the expected lifespan of equipment.

PROJECT DESCRIPTION & PURPOSE: The addition of communication equipment at Fire Station 25 for Police Radios, Fire Radios, and Water Meter Reading
infrastructure.

KEY POINTS: MOU is currently in place with the County of Tulare. County has agreed to let the City use the large tower they have onsite.

PROJECT STATUS: Proposed
(Capital)
(Capital)
District(s):

PROJECT MANAGER: Jason Bowling
Communications Equipment for County Fire Station 25
2023 - 2028 CIP IT Services
PROJECT #: 400-100-500-000-000-5698
Item #: 6.6
Consent
Staff Report
City Council
Date: August 4, 2026
Department: Engineering Services - Engineering
Submitted by: Michael W Miller, City Engineer
Agenda Title: Paragon Partners Consultants, Inc. Contract Change Order

RECOMMENDED ACTION
Authorize the City Engineer to execute a change order in the amount of $8,970 to an existing contract with Paragon Partners for right-of-way services associated with CIP Project EN0105 Hwy 99 Widening / Paige Avenue Interchange.

ALIGNMENT WITH STRATEGIC PRIORITIES
Infrastructure and Transportation

SUMMARY
As part of the Caltrans State Route 99 6-lane Widening and Paige Avenue Interchange Improvement Project, Caltrans will be constructing pedestrian improvements along the south side of Paige Avenue between K Street and Blackstone Street. Currently, there is insufficient right-of-way to construct City standard improvements at the southeast corner of Paige Avenue and K Street. The existing corner has traffic signal equipment and a private fence that would prevent the installation of an ADA-compliant path of travel. The traffic signal equipment at this corner is also frequently damaged by trucks making a northbound right-turn onto Paige Avenue. Obtaining the right-of-way necessary for the ultimate build-out of Paige Avenue and K Street across the property located at the southeast corner of the intersection would allow for Caltrans to install a City standard ramped curb return, as well as provide the right-of-way necessary for future widening of both roadways to their ultimate configuration with associated traffic signal modifications.

During negotiations with the affected property owner, they expressed concern regarding impacts to the portion of their property that has existing commercial development on it. This threatened to delay the acquisition process. To avoid impacting Caltrans’ project schedule for the Hwy 99 Widening and Paige Interchange Project, it was decided to reduce the scope of the proposed property acquisition such that there would be no impacts to the existing commercial uses. While not providing the ultimate right-of-way needed for future build-out of Paige Avenue between K Street and Blackstone Street, this reduced acquisition would still provide what is necessary for both the Caltrans project and future improvements by the City to the intersection of Paige Avenue and K Street.

FISCAL IMPACT & FUNDING SOURCES
CIP Project EN0105 Highway 99 Widening Utility Relocations is funded by the following sources:
• Fund 225 – Water Supply Facilities DIF Fund
• Fund 233 – State Highway Project DIF Fund
• Fund 406 – Wastewater CIP Fund
• Fund 407 – Water CIP Fund

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

POTENTIAL 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 – To the degree possible, staff will work with the consultant to implement changes or recommendations directed by Council.

2. Deny – Efforts to acquire additional right-of-way required for the Hwy 99 Widening and Paige Avenue Interchange Project and future City project to improve the intersection of Paige Avenue and K Street could not be completed.

3. Table – Tabling the item could cause delays to the project delivery schedule for the Hwy 99 Widening and Paige Avenue Interchange Project.

ATTACHMENTS

1. Paragon Partners Consultants, Inc. Proposed Change Order Reviewed/Approved: MM

Item #: 7.1
Public Hearing
Staff Report
City Council
Date: August 4, 2026
Department: Engineering Services - Engineering
Submitted by: Michael W Miller, City Engineer
Agenda Title: Amending the Established Speed Limits in the City of Tulare

RECOMMENDED ACTION
Hold a public hearing and pass to print an ordinance amending the existing speed zones.

ALIGNMENT WITH STRATEGIC PRIORITIES
Infrastructure and Transportation

SUMMARY
Please refer to the attached staff report and excerpts from the 2026 Engineering and Traffic Survey Report prepared by Willdan Engineering. A copy of the proposed ordinance amending the established speed limits in the City of Tulare is also attached.

FISCAL IMPACT & FUNDING SOURCES
Adoption of the proposed ordinance revising existing speed zones would result in expenditures associated with the purchase and installation of necessary signage.

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

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

LEGAL REVIEW
The City Attorney has reviewed the 2026 Engineering and Traffic Survey Report and draft ordinance.

PUBLIC NOTICE
A notice of public hearing was published in the Visalia Times Delta on July 23, 2026, which is at least 10 days prior to the public hearing.

ALTERNATIVE ACTION

1. Approve with changes – To the degree possible, staff will work with the consultant to implement changes or recommendations directed by Council.

2. Deny – Outright rejection of the 2026 Engineering and Traffic Survey Report would prevent the City from meeting statutory requirements for speed zones to be enforced by radar or laser speed measurements.

3. Table – Tabling the item will cause delays in adoption of speed limits that are based upon required engineering studies, resulting in a period of time in which speed zones may be not be enforceable by radar or laser speed measurements.

ATTACHMENTS

1. Staff Report

2. Excerpts from the 2026 Engineering and Traffic Survey Report

3. Ordinance
Reviewed/Approved: MM

STAFF REPORT
2026 ENGINEERING AND TRAFFIC SURVEY REPORT
Background
In order to maintain radar- and laser-enforceable speed zones per the provisions of the California Vehicle Code, the City must regularly conduct engineering and traffic surveys justifying those zones. To this end, Willdan Engineering was retained to prepare the “2026 Engineering and Traffic Survey Report”. Attached as Exhibit A to this staff report are pertinent sections of Willdan Engineering’s report, including introductory elements and recommendations. 161 roadway segments were surveyed as part of the 2026 Engineering and Traffic Survey Report. City staff worked closely with Willdan Engineering to carefully scrutinize every location. Recommended increases to designated speed limits were minimized to the extent allowed by the California Vehicle Code while maintaining the ability to utilize radar and laser speed measurement for enforcement.

Summary of Recommended Speed Zone Changes
Following is a list of all the speed zone study locations, and recommended speed zone changes resulting from the studies.

Study
Segment Zone Description
Existing Speed
Limit (mph)
Proposed Speed
Limit (mph)
Change
(mph)
1 Akers Street from Cartmill Avenue
to North City Limits 50 50 0
2 Albers Place from Cartmill Avenue
to J Street 35 35 0
3 Alpine Avenue from Mooney
Boulevard to Morrison Street 35 35 0
4 B Street from Inyo Avenue to Cross
Avenue 35 35 0
5 Bardsley Avenue from Enterprise
Street to West Street New 45 N/A
6 Bardsley Avenue from West Street
to Pratt Street 40 45 +5
7a Bardsley Avenue from Pratt Street
to E Street 40 40 0
7b Bardsley Avenue from E Street to
H Street 45 40 -5
8 Bardsley Avenue from H Street to
K Street 45 45 0
9 Bardsley Avenue from K Street to
O Street 40 45 +5
Study
Segment Zone Description
Existing Speed
Limit (mph)
Proposed Speed
Limit (mph)
Change
(mph)
10 Bardsley Avenue from O Street to
Blackstone Street 45 45 0
11 Bardsley Avenue from Blackstone
Street to Laspina Street 40 40 0
12 Bardsley Avenue from Laspina Street
to Mooney Blvd. 45 45 0
13 Bardsley Avenue from Mooney
Boulevard to Morrison Street 50 45 -5
14 Bardsley Avenue from Morrison
Street to Oakmore Street 55 45 -10
15 Bardsley Avenue from Oakmore
Street to Road 132 55 45 -10
16 Bella Oaks Avenue from De La Vina
Street to Laspina Street 35 35 0
17 Bella Oaks Avenue from Laspina
Street to end E/O Paseo Del Lago 35 30 -5
18 Blackstone Street from south end to
Paige Avenue 45 40 -5
19 Blackstone Street from Paige Avenue
to Levin Avenue 50 45 -5
20 Blackstone Street from Levin Avenue
to Walnut Avenue 50 45 -5
21 Blackstone Street from Walnut
Avenue to Bardsley Avenue 50 45 -5
22 Blackstone Street from Bardsley
Avenue to Tulare Avenue (SR 137) 45 45 0
23 Blackstone Street from Tulare
Avenue (SR 137) to Lyndale Avenue 40 40 0
24 Blackstone Street from Lyndale
Avenue to Prosperity Avenue 35 35 0
25 Brentwood Street from Cross Avenue
to Prosperity Avenue 35 35 0
26 Cartmill Avenue West City Limits to
Albers Place 55 55 0
27a Cartmill Avenue from Albers Place
to M Street 50 50 0
27b Cartmill Avenue from M Street to
Akers Street 55 50 -5
28 Cartmill Avenue from Akers Street to
Hillman Street 55 50 -5
29 Cartmill Avenue from Hillman Street
to De La Vina Street 50 50 0
Study
Segment Zone Description
Existing Speed
Limit (mph)
Proposed Speed
Limit (mph)
Change
(mph)
30 Cartmill Avenue from De La Vina
Street to Mooney Boulevard (SR 63) 50 50 0
31 Cherry Street from Tulare Avenue
(SR 137) to Prosperity Avenue 40 35 -5
32 Continental Avenue from K Street to
Blackstone Street 40 35 -5
33 Corvina Avenue from Retherford
Street to Hillman Street New 40 N/A
34 Corvina Avenue from Hillman Street
to Laspina Street 35 35 0
35 Cross Avenue from Tulare Drive to
West Street 40 30 -10
36 Cross Avenue from West Street to B
Street 45 40 -5
37 Cross Avenue from B Street to J
Street 40 40 0
38 Cross Avenue from J Street to M
Street 35 30 -5
39 Cross Avenue from M Street to
Blackstone Street 35 35 0
40 Cross Avenue from Blackstone Street
to Laspina Street 40 40 0
41 Cross Avenue from Laspina Street to
Mooney Boulevard (SR 63) 35 35 0
42 De La Vina Street from Corvina
Avenue to Cartmill Avenue 40 40 0
43 De La Vina Street from Cartmill
Avenue to Pacific Avenue 45 40 -5
44 E Street from South End to Bardsley
Avenue 40 40 0
45 E Street from Bardsley Avenue to
Inyo Avenue (SR 137) 40 40 0
46 E Street from Inyo Avenue (SR 137)
to Tulare Avenue 30 30 0
47 E Street from Tulare Avenue to Cross
Avenue 35 35 0
48 E Street from Cross Avenue to
Pleasant Avenue 35 35 0
49 E Street from Pleasant Avenue to
Prosperity Avenue 40 40 0
50 E Street from Prosperity Avenue to
Zumwalt Avenue 40 40 0
Study
Segment Zone Description
Existing Speed
Limit (mph)
Proposed Speed
Limit (mph)
Change
(mph)
51 F Street from Tulare Avenue to Cross
Avenue 25 25 0
52 Foster Drive from Laspina Street to
Mooney Boulevard 50 45 -5
53 Gail Avenue from Northridge Street
to E Street 35 35 0
54 Gem Street from Cross Avenue to
Merritt Avenue New 30 N/A
55 Gem Street from Prosperity Avenue
Sandra Avenue New 35 N/A
56 H Street from Cross Avenue to
Pleasant Avenue 40 40 0
57 H Street from Pleasant Avenue to
Prosperity Avenue 40 40 0
58a Hillcrest Avenue from Hillman Street
to Brentwood Street 35 35 0
58b Hillcrest Avenue from Brentwood
Street to Laspina Street 35 35 0
59 Hillman Street from SR 99 to
Prosperity Avenue 40 35 -5
60 Hillman Street from Prosperity
Avenue to Leland Avenue 40 35 -5
61 Hillman Street from Leland Avenue
to Corvina Avenue 45 50 +5
62a Hillman Street from Corvina Avenue
to 2000’ S/O Cartmill Avenue 50 55 +5
62b Hillman Street from 2000’ S/O
Cartmill Avenue to Cartmill Avenue 50 55 +5
62c Hillman Street from Cartmill Avenue
to North City Limits 60 55 -5
63 J Street from Owens Avenue to Cross
Avenue 40 35 -5
64 J Street from Cross Avenue to
Pleasant Avenue 45 50 +5
65 J Street from Pleasant Avenue to
Prosperity Avenue 50 50 0
66 J Street from Prosperity Avenue to
Sandra Avenue 50 55 +5
67a J Street from Sandra Avenue to
Albers Place 55 55 0
67b J Street from Albers Place to North
City Limits 60 55 -5
Study
Segment Zone Description Existing Speed Limit (mph)
Proposed Speed
Limit (mph)
Change
(mph)
68 K Street from State Highway 99
N/bound Ramps to Rankin Avenue New 45 N/A
69 K Street from Rankin Avenue to
1720’ N/O Rankin Avenue 55 55 0
70 K Street from 1720’ N/O Rankin
Avenue to Industrial Avenue 55 50 -5
71 K Street from Industrial Avenue to
Paige Avenue 50 55 +5
72 K Street from Paige Avenue to
Bardsley Avenue 50 50 0
73 K Street from Bardsley Avenue to
Owens Avenue 40 45 +5
74 Kern Avenue from West Street to J
Street New 30 N/A
75 Kern Avenue from O Street to
Blackstone Street 40 35 -5
76 La Dawna Street from Pleasant
Avenue to Berryhill Avenue 35 35 0
77 Laspina Street from Hosfield Drive to
3100’ N/O Hosfield Drive 55 55 0
78 Laspina Street from 3100’ N/O
Hosfield Drive to Tex Drive 55 55 0
79 Laspina Street from Tex Drive to
Paige Avenue 60 65 +5
80 Laspina Street from Paige Avenue to
Cerritos Avenue 40 40 0
81 Laspina Street from Cerritos Avenue
to Bardsley Avenue 40 40 0
82 Laspina Street from Bardsley Avenue
to Tulare Avenue (SR 137) 45 45 0
83 Laspina Street from Tulare Avenue
(SR 137) to Prosperity Avenue 45 45 0
84 Laspina Street from Prosperity
Avenue to Bella Oaks Avenue 35 35 0
85 Levin Avenue from K Street to
Blackstone Street New 35 N/A
86 Levin Avenue from Laspina Street to
Durango Street New 35 N/A
87 Lincoln Street from Cross Avenue to
Prosperity Avenue 35 35 0
88 M Street from Tulare Avenue (SR
137) to Cross Avenue 35 35 0
Study
Segment Zone Description
Existing Speed
Limit (mph)
Proposed Speed
Limit (mph)
Change
(mph)
89 M Street from Cross Avenue to
Prosperity Avenue 40 40 0
90 M Street from Prosperity Avenue to
Sandra Avenue 45 45 0
91 M Street from Sandra Avenue to
Cartmill Avenue 40 40 0
92 Maple Avenue from Sacramento
Street to E Street New 25 N/A
93 Martin Luther King, Jr. Avenue from
K Street to O Street 40 40 0
94 Martin Luther King, Jr. Avenue from
O Street to Blackstone Street 40 40 0
95 Merritt Avenue from Oaks Street to
Blackstone Street 40 40 0
96 Milner Street from Capistrano
Avenue to Prosperity Avenue 35 35 0
97 Mooney Boulevard from Foster Drive
to Wagonwheel Avenue 55 45 -10
98 Mooney Boulevard from
Wagonwheel Avenue to Bardsley
Avenue
55 55 0
99 Mooney Boulevard from Bardsley
Avenue to Tulare Avenue (SR 137) 60 55 -5
100 Morrison Street from South End to
Bardsley Avenue 40 30 -10
101 Morrison Street from Bardsley
Avenue to Alpine Avenue 40 35 -5
102 Morrison Street from Alpine Avenue
to Tulare Avenue (SR 137) 40 40 0
103 Morrison Street from Tulare Avenue
(SR 137) to Prosperity Avenue 55 50 -5
104 Nelder Grove Street from Bardsley
Avenue to Alpine Avenue 35 35 0
105 O Street from Continental Avenue to
Bardsley Avenue 45 45 0
106 O Street from Bardsley Avenue to
Tulare Avenue (SR 137) 45 45 0
107 O Street from Tulare Avenue (SR
137) to Cross Avenue 35 35 0
108 Oakmore Street from Bardsley
Avenue to Avenue 228 50 50 0
109 Oakmore Street from Avenue 228 to
Tulare Avenue (SR 137) 50 50 0
Study
Segment Zone Description
Existing Speed
Limit (mph)
Proposed Speed
Limit (mph)
Change
(mph)
110 Oaks Street from Pleasant Avenue to
Prosperity Avenue 40 40 0
111 Oaks Street from Prosperity Avenue
to Sandra Avenue 40 40 0
112 Oaks Street from Sandra Avenue to
M Street 40 40 0
113 Pacific Avenue from De La Vina
Street to Mooney Boulevard New 40 N/A
114 Paige Avenue from I Street to
Blackstone Street 50 45 -5
115 Paige Avenue from Blackstone Street
to Laspina Street 40 35 -5
116 Paseo Del Lago from Laspina Street
westerly to Corvina Avenue 40 40 0
117 Paseo Del Lago from Corvina
Avenue to De La Vina Street 40 40 0
118 Paseo Del Lago from De La Vina to
Bella Oaks Drive 40 40 0
119 Paseo Del Lago from Laspina Street
easterly to Bella Oaks Drive 40 40 0
120 Pleasant Avenue from Enterprise
Street to Cromley Street 45 45 0
121 Pleasant Avenue from Cromley Street
to West Street 40 45 0
122a Pleasant Avenue from West Street to
Sacramento Street 40 40 0
122b Pleasant Avenue from Sacramento
Street to H Street 40 40 0
123 Pleasant Avenue from J Street to M
Street 40 40 0
124 Pleasant Avenue from M Street to
Gem Street 30 30 0
125 Pratt Street from Paige Avenue to
Bardsley Avenue 55 45 -10
126 Pratt Street from Bardsley Avenue to
Inyo Avenue (SR 137) 35 35 -5
127 Prosperity Avenue from West City
Limits to Milner Street 50 50 0
128 Prosperity Avenue from Milner Street
to West Street 40 45 +5
129a Prosperity Avenue from West Street
to Sacramento Street 40 40 0
129b Prosperity Avenue from Sacramento
Street to E Street 40 40 0
Study
Segment Zone Description
Existing Speed
Limit (mph)
Proposed Speed
Limit (mph)
Change
(mph)
130 Prosperity Avenue from E Street to J
Street 40 40 0
131 Prosperity Avenue from J Street to M
Street 40 40 0
132 Prosperity Avenue from M Street to
Blackstone Street 40 40 0
133 Prosperity Avenue from Blackstone
Street to Hillman Street 35 35 0
134 Prosperity Avenue from Hillman
Street to Laspina Street 40 40 0
135 Prosperity Avenue from Laspina
Street to Mooney Boulevard (SR 63) 45 45 0
136 Prosperity Avenue from Mooney
Boulevard (SR 63) to Morrison Street 55 55 0
137 Rankin Avenue from I Street to State
Highway 99 New 35 N/A
138
Retherford Street from Leland
Avenue to 2000’ S/O Cartmill
Avenue
45 45 0
139 Retherford Street from 2000’ S/O
Cartmill Avenue to Cartmill Avenue 50 50 0
140 Sacramento Street from Cross
Avenue to Maple Avenue 35 35 0
141 Sacramento Street from Maple
Avenue to Pleasant Avenue 35 35 0
142 Sacramento Street from Pleasant
Avenue to Prosperity Avenue 35 35 0
143 San Joaquin Avenue from West
Street to “J” Street 30 30 0
144 Seminole Avenue from Mooney
Boulevard (SR 63) to Spyglass Street 35 40 +5
145 Seminole Avenue from Spyglass
Street to Morrison Street New 45 N/A
146 Sonora Avenue from West Street to
“E” Street New 25 N/A
147 Sonora Avenue from “E” Street to “I”
Street New 25 N/A
148 Sonora Avenue from “O” Street to
Blackstone Street 25 30 +5
149 Spruce Street from Bardsley Avenue
to Birch Avenue 40 35 -5
150 Sunrise Street from Commercial
Avenue to Foster Drive 35 35 0
Study
Segment Zone Description
Existing Speed
Limit (mph)
Proposed Speed
Limit (mph)
Change
(mph)
151 Tulare Avenue from West City
Limits to Cross Avenue 50 55 +5
152 Tulare Drive from Cross Avenue to
West Street 50 50 0
153 Tulare Avenue from West Street to J
Street 40 40 0
154 Tulare Avenue from “J” Street to
“M” Street (SR 137) 25 25 0
155 Turner Drive from Commercial
Avenue to Foster Drive 55 50 -5
156 West Street from Paige Avenue to
Bardsley Avenue 55 50 0
157 West Street from Bardsley Avenue to
Sonora Avenue 45 40 -5
158 West Street from Sonora Avenue to
Inyo Avenue (SR 137) 45 40 -5
159 West Street from Inyo Avenue (SR
137) to Cross Avenue 40 40 0
160 West Street from Cross Avenue to
Pleasant Avenue 45 40 -5
161 West Street from Pleasant Avenue to
Prosperity Avenue 45 45 0
Recommended Council Action
It is recommended that the City Council set a date for public hearing, and following said hearing approve the Ordinance amending speed zones throughout the City of Tulare. The zones established therein are based upon traffic and engineering studies conducted by Willdan Engineering and the engineering judgment of City staff.

EXHIBIT A
Excerpts from July 2026 Engineering and Traffic Survey Report prepared by Willdan Engineering
City of Tulare
2026 Engineering and
Traffic Survey Report
July 2026
Draft
Willdan Engineering
13191 Crossroads Pkwy N Suite 405
City of Industry, CA 91746
562.908.6200
2026 Engineering and Traffic Survey Report 1

CITY OF TULARE
July 13, 2026
Michael Miller
City Engineer
411 East Kern Avenue
Tulare, CA 93274
Subject: Draft Engineering and Traffic Survey (E&TS) - 2026 Dear Mr. Miller:

As requested, Willdan has completed an Engineering and Traffic Survey (E&TS) to justify and update the posted speed limits along 161 street segments in the City of Tulare. These segments were last surveyed in 2020 and require an update to comply with the 7-year limitation set forth in the California Vehicle Code (CVC).

We are pleased to submit the enclosed Report that describes the E&TS procedures and contains recommendations for posted speed limits on the City’s arterial and collector street system. A summary of these recommendations is included in the Analysis. Supporting documentation for each speed zone recommendation is provided in the Appendices.

The Report was conducted in accordance with applicable provisions of the CVC, following procedures outlined in the California Manual on Uniform Traffic Control Devices (CA MUTCD) dated January 2026, and as required by Section 627 of the CVC. The Report is intended to satisfy the requirements of Section 40802 of the CVC to enable the continued use of radar for traffic speed enforcement.

We appreciate the opportunity to serve the City of Tulare and the assistance, cooperation, and guidance afforded to us during the course of this study.

Very truly yours,

WILLDAN
Nicolle Spann, P.E., T.E.

Traffic Engineer
Enclosure
2026 Engineering and Traffic Survey Report 2

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Table of Contents
Introduction........................................................................................................3 Elements Of the Engineering and Traffic Survey....................................................................................... 5 Speed Sampling...................................................................................................................................... 5 Crash History.......................................................................................................................................... 6 Conditions Not Readily Apparent to Motorists...................................................................................... 6 Safety Corridors – New from AB 43 ....................................................................................................... 6 Survey Conditions ...............................................................................................8 Survey Locations........................................................................................................................................ 8 Data Collection .......................................................................................................................................... 8 Speed Data............................................................................................................................................. 8 Field Review Data .................................................................................................................................. 9 Crash Data ...........................................................................................................................................10 Residential Density and Bicyclist and Pedestrian Safety (CA MUTCD Section 2B.21.12p)...................10 Analysis ............................................................................................................11 Speed Limit Recommendations.........................................................................12 Recommendation Tables.........................................................................................................................12 Table 1 - Summary of Recommended Speed Limits.............................................................................13 Table 2 - Street Segments with Recommended Speed Changes..........................................................30 Table 3 – Street Segments Maintaining the Posted Speed Limit .........................................................32 Segments with Special Conditions.....................................................................36 Conditions Not Readily Apparent to Motorists.......................................................................................36 Safety Corridors.......................................................................................................................................40 Segments with 25 mph Posted Speed Limits ..........................................................................................40 Table 4 – Segments with 25 mph Recommended Speed Limits...........................................................40 Appendices

APPENDIX A
Street Segment Data

APPENDIX B
Radar Speed Distribution Forms

APPENDIX C
ADT Count Sheets

APPENDIX D
Safety Corridors

APPENDIX E
Survey Equipment

APPENDIX F
Legislative References
2026 Engineering and Traffic Survey Report 3

CITY OF TULARE
Introduction
This E&TS is intended to be the basis for the establishment, revision, and enforcement of speed limits for selected streets within the City of Tulare. This E&TS presents recommended speed limits for 161 street segments in the City of Tulare. E&T Surveys are required by the State of California to establish intermediate speed limits on local, major, secondary, collector, and arterial streets and to enforce those limits using radar or other speed measuring devices. Historically, these surveys must be updated every 7 to 14 years to ensure the speeds reflect current conditions, and can be enforced per CVC Section 40802.

E&T Surveys are prepared under the direction of CVC Sections 627,22350-22359, and 40801-40803. The CVC also requires that the surveys be conducted based on the methodology required by the California Manual on Uniform Traffic Control Devices (CA MUTCD) dated January 2026.

Assembly Bill No. 43 (AB 43), signed in October 2021, has given local agencies more leeway in lowering and maintaining speed limits aimed at enhancing traffic safety. The California Vehicle Code was amended in 2022 and the CA MUTCD was amended in March 2023 and updated in January 2026 to implement laws and guidelines with the changes set forth in AB 43. There were three major changes to how speed limits can be recommended under AB 43 as follows:

1. An E&T Survey conducted more than 7 years ago may be extended to 14 years (previously to 10 years) if a traffic engineer certifies that no changes in roadway or traffic conditions have occurred [CVC 40802 (c)(2)(B)(i)(II)].

2. A local authority may establish and designate safety corridors throughout their jurisdiction. The local authority may recommend a speed limit with an additional five mile per hour reduction on segments designated as safety corridors. Local authorities may not lower a speed limit under this section until June 30, 2024, or until the Judicial Council has developed an online tool for adjudicating infraction violations statewide, whichever is sooner. Since the E&TS was completed in January 2026, this report reflects lowering speeds on these designated roadway segments.

3. If a local authority, after completing an E&T Survey, finds that the speed limit is still reasonable or safe, the local authority may retain the current speed limit or restore the immediately prior speed limit if that speed limit was established with an E&T Survey and if a registered engineer has evaluated the section of highway and determined that no additional general purpose lanes have been added to the roadway since completion of the traffic survey that established the prior speed limit.

This E&TS was requested by the City for the proper posting of speed limits and to enable the Police Department to utilize radar or other electronic speed measuring devices for speed enforcement. CVC Sections 40801 and 40802 require E&T Surveys that verify the prima facie speed limit before enforcement by such a device is legal. The law further specifies that these surveys be conducted every 5 years. The surveys can be extended to 7 years provided the Police Department(s) have completed a 24- hour radar operator course [CVC 40802(c)(2)(B)(i)(I)].

Posted speed limits are primarily established to protect the public by mitigating the risks posed by reckless and unpredictable driving behavior. The posted speed limits provide law enforcement with a clearly understood method to identify and apprehend violators of the basic speed law [CVC Section 22350]. This law states that "No person shall drive a vehicle on a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width 2026 Engineering and Traffic Survey Report 4

CITY OF TULARE
of the highway, and in no event at a speed which endangers the safety of persons or property." The posted speed limit gives motorists a clear warning of the maximum speed that is reasonable and prudent under typical driving conditions.

The basic fundamentals for establishing speed limits recognize that the majority of drivers behave in a safe and reasonable manner, and therefore, the normally careful and competent actions of a reasonable driver should be considered legal. Speed limits established on these fundamentals conform to the consensus that those who drive the highway determine what speed is reasonable and safe, not on the judgment of one or a few individuals. A radar speed study is usually conducted to record the prevailing speed of reasonable drivers.

Speed limits are also established to advise drivers of conditions which may not be readily apparent to a reasonable driver. For this reason, accident history, roadway conditions, traffic characteristics, and land use must also be analyzed before determining speed limits. Speed limit changes are usually made in coordination with physical changes in roadway conditions or roadside developments. Unusually short zones of less than one-half mile in length should be avoided to reduce driver confusion.

The E&T Surveys for the City were conducted in accordance with procedures outlined in the CA MUTCD and as required by Section 627 of the CVC. The Code further describes three elements of an E&T Survey:

1. Measurement of prevailing speed based on the 85th percentile rule

2. Accident history on the roadway

3. Roadway conditions and other relevant factors that are not readily apparent to the motorist.

Additionally, it is generally accepted that speed limits cannot be successfully enforced without voluntary compliance by a majority of drivers. Consequently, only the driver whose behavior is clearly out of line with the normal flow of traffic is usually targeted for enforcement.

The setting of speed limits can be controversial and requires a rational and defensible determination to maintain public confidence. Speed limits are normally set near the 85th-percentile speed that statistically represents one standard deviation above the average speed and establishes the upper limit of what is considered reasonable and prudent. As with most laws, speed limits need to depend on the voluntary compliance of the greater majority of motorists. Speed limits cannot be set arbitrarily low, as this would create violators of the majority of drivers and would not command the respect of the public.

Artificially low speed limits can lead to poor compliance as well as large variations in speed within the traffic stream. Increased speed variance can also create more conflicts and passing maneuvers.

To achieve desired operating speeds, agencies often implement other speed management strategies concurrently with setting speed limits, such as traffic calming measures, geometric design features, speed safety cameras, and increased enforcement.

The most effective way to reduce speeds is through a combination of strategies using traffic control devices related to speed management, roadway design and engineering solutions, traffic calming techniques and measures, public education, and enforcement efforts. Effectively managing road user speed relies on numerous factors, which include enforcement, roadway characteristics, surrounding environment, adjacent land use, and traffic control devices. Many studies find that engineering changes, such as change a road’s infrastructure, are one of the most important factors in reducing vehicle operating speeds. Engineering changes are also one of the most effective interventions at reducing 2026 Engineering and Traffic Survey Report 5

CITY OF TULARE
pedestrian injury and fatality rates. Potential street engineering changes, such as curb extensions, median islands, raised crosswalks, roundabouts, and speed bumps or speed humps, naturally result in lower speeds. It is realized that these engineering changes can be costly and time-consuming to implement.

Elements Of the Engineering and Traffic Survey
The CA MUTCD specifies the methodology to be used for completing E&T Surveys. This methodology includes an evaluation of current vehicle speeds, accident history and conditions not readily apparent to motorists. The basic elements of the E&TS are discussed in more detail as follows:

Speed Sampling
Existing vehicle speeds are surveyed by a certified radar operator with a calibrated radar unit in an unmarked vehicle. Speed samples are taken for each segment representing a statistically significant sample of current traffic. This data is then evaluated to identify the distribution of speeds. A key element in the evaluation is the identification of the 85th percentile speed. The 85th percentile speed is the speed at or below which 85 percent of the traffic travels. This threshold represents what is historically found to be a safe and reasonable speed for most drivers based on common roadway conditions. A speed limit is established in the options below.

Options:
Closest to 85th Percentile Speed – A speed limit is established at the nearest 5-mile per hour increment to the 85th percentile speed of free-flowing traffic. (CA MUTCD Section 2B.21.12z) Reduction using Segments with Special Conditions - For cases in which the nearest 5 mph increment of the 85th-percentile speed would require rounding down, the speed limit may be reduced by 5 mph from the nearest 5 mph increment of the 85th-percentile speed, in compliance with CVC Section 627 and 22358.5. (CA MUTCD Section 2B.21.12aa) Rounding Down - For cases in which the nearest 5 mph increment of the 85th-percentile speed would require a rounding up, the speed limit may be rounded down to the nearest 5 mph increment below the 85th percentile speed. (CA MUTCD Section 2B.21.12ab) Additional 5 mph Speed Reduction – Additional lowering of the speed limits from those calculated using rounding down or using the reduction using special conditions is prohibited, except for the local agency roadway segments designated as “safety corridor” or “land or facilities that generate high concentrations of bicyclists and pedestrians” in compliance with CVC Sections 22358.6(d) and 22358.7. (CA MUTCD Section 2B.21.12ag) If the speed limit to be posted has had the 5 mph reduction applied, then an E&T Survey shall document in writing the conditions and justification for the lower speed limit and be approved by a registered Civil or Traffic Engineer. The reasons for the lower speed limit shall be in compliance with CVC Section 627 and 22358.5. (CA MUTCD Section 2B.21.12ac)
The total reduction in the speed limit using the nearest 5 mph increment, rounding down and using 5 mph speed reduction, additional 5 mph speed reduction for safety corridor designation or adjacent to land or facility generating high concentrations of bicyclists and pedestrians shall not exceed 12.4 mph from the 85th-percentile speed. (CA MUTCD Section 2B.21.12ae) 2026 Engineering and Traffic Survey Report 6

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The following examples are provided to explain the application of these speed limit criteria:

Examples Showing the Applicability of Rounding and Additional Speed Reduction 85th
Percentile
Speed
(mph)
Rounding to the
nearest 5 mph
increment
If rounding to the
nearest is up, may
round down
If rounding to the
nearest is down, it
may be additional
be lowered by 5
mph
If safety corridor or
adjacent to high
concentration of
bicyclists &
pedestrians, may
additional lower by
5 mph
48-50 50 45 N/A 40
45-47 45 N/A 40 35
43-45 45 40 N/A 35
40-42 40 N/A 35 30
Crash History
Reported crashes reviewed from California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS) electronic crash database are reviewed for each street segment to determine if there is a higher than expected average rate of crashes. A segment that has an above-average crash rate typically suggests conditions that are not readily apparent to motorists.

Conditions Not Readily Apparent to Motorists
Each street segment is field inspected to identify roadway conditions that may not be readily apparent to motorists. A determination is made whether any conditions are significant and warrant the recommendation of the speed limit 5 mph below the basic speed limit.

The Legislature, in adopting Section 22358.5 of the CVC, has made it clear that physical conditions, such as width, curvature, grade and surface conditions, or any other condition readily apparent to a driver, in the absence of other factors, would not be the basis for special downward speed zoning.

Conditions not readily apparent to motorists include the considerations of crash history, poor visibility, and the safety of bicyclists and pedestrians.

Safety Corridors – New from AB 43
The provisions of CVC Section 22358.7, a new section added through AB 43, to additionally lower the speed limit by designating a safety corridor, shall not be applicable until actions required per CVC Section 22358.7 by Department of Transportation and Judicial Council are completed or June 30, 2024, whichever is sooner. Since the E&TS was completed in 2026 on these designated roadway segments, this report reflects lowering speeds using the application of safety corridors.

A safety corridor is defined as a roadway segment within an overall roadway network where the highest number of serious injury and fatality crashes occur. (CA MUTCD Section 2B.21.12ai) 2026 Engineering and Traffic Survey Report 7

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Data used to determine a safety corridor may be from the most recent E&T Survey performed. The crash data source may include, but is not limited to, California Highway Patrol’s (CHP) Statewide Integrated Traffic Records System (SWITRS). (CA MUTCD Section 2B.21.12al) The prioritized subset of safety corridors shall include the following three requirements. (CA MUTCD Section 2B.21.12am):

1. Identify specific locations with high crash occurrences.

2. Identify corridor-level segments with a pattern of crash reoccurrence.

3. Be able to be stratified by mode.

Safety corridors shall represent a prioritized subset of the overall roadway network within an authority’s responsibilities and shall not exceed one-fifth of the overall roadway network. (CA MUTCD Section 2B.21.12an)
A jurisdiction should use three to five years of the most recent crash data to determine a safety corridor based on Fatal and Serious Injury data. For crash coverage, safety corridors may identify the subset of the overall roadway network where a minimum of 25% of the Fatal + Serious Injury (F+SI) crashes occur. (CA MUTCD Section 2B.21.12ao-ap)
A licensed professional engineer shall sign off on logical termini identified for a safety corridor using existing E&TS. (CA MUTCD Section 2B.21.12ar)
The Crash/Volume rate may be used to provide additional locations to be included in the safety corridor.

Local agencies may use proactive measures as indicators. (CA MUTCD Section 2B.21.12as) The total reduction in the speed limit using the nearest 5 mph increment, rounding down and using 5 mph speed reduction, plus an additional 5 mph speed reduction for safety corridor designation, shall not exceed 12.4 mph from the 85-percentile speed. Refer to (CA MUTCD Section 2B.21.12ae) 2026 Engineering and Traffic Survey Report 8

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Survey Conditions
The E&T Study considered the roadway context. The factors that are considered when conducting an E&T Survey are the following (CA MUTCD Section 2B.21.07):

1. Roadway environment not readily apparent to the driver (CVC § 627) (such as roadside development, number and frequency of driveways and access points, and land use), functional classification, public transit volume and location or frequency of stops, parking practices, and pedestrian and bicycle facilities and activity;

2. Roadway characteristics not readily apparent to the driver (CVC § 627) (such as lane widths, shoulder condition, grade, alignment, median type, and sight distance);

3. Geographic context (such as residential district, business district, business activity district;

4. Reported crash experience for at least a 36-month period;

5. Speed distribution of free-flowing vehicles including the pace, median (50th-percentile), and 85th- percentile speeds; and

6. A review of past speed studies to identify any trends in operating speeds (CVC § 22358.8) Survey Locations
The procedures below describe the criteria and methods used to survey selected streets within the City of Tulare. The specific location of the radar speed survey for each street segment was selected after considering the following:

1. Minimum stop sign and traffic signal influence.

2. Minimum visibility restrictions.

3. Non-congested traffic flow away from intersections and driveways.

4. Minimum influence from curves or other roadway conditions that would affect the normal operation of a vehicle.

Data Collection
Data of existing conditions was obtained including prevailing speed of vehicles, traffic crashes, visibility restrictions, and roadway conditions within the community. ADT and field reviews were conducted at 161 locations during the months of January and February 2026. The ADT forms are in Appendix C.

Speed Data
Prevailing speeds were determined by a speed zone survey for each roadway segment. The speed zone surveys follow the following guidelines identified in the CA MUTCD Section 2B.21.12n:
(A) The intent of the speed measurements is to determine the actual speed of unimpeded traffic. The speed of traffic should not be altered by concentrated law enforcement, or other means, just prior to, or while taking the speed measurements. (B) Speeds should be read directly from a radar or other electronic speed measuring devices; or, 2026 Engineering and Traffic Survey Report 9

CITY OF TULARE
(C) Devices, other than radar, capable of accurately distinguishing and measuring the unimpeded speed of free flowing vehicles may be used.
(D) A location should be selected where prevailing speeds are representative of the entire speed zone section. If speeds vary on a given route, more than one speed zone section may be required, with separate measurements for each section. Locations for measurements should be chosen so as to minimize the effects of traffic signals or stop signs. (E) Speed measurements should be taken during off-peak hours between peak traffic periods on weekdays. If there is difficulty in obtaining the desired quantity, speed measurements may be taken during any period with free flowing traffic. (F) The weather should be fair (dry pavement) with no unusual conditions prevailing. (G) The surveyor and equipment should not affect the traffic speeds. For this reason, an unmarked car is recommended, and the radar speed meter located as inconspicuously as possible.
(H) In order for the sample to be representative of the actual traffic flow, the minimum sample should be 100 vehicles in each survey. In no case should the sample contain less than 50 vehicles.
(I) Short speed zones of less than 0.5 miles should be avoided, except in transition areas. (J) Speed zone changes should be coordinated with changes in roadway conditions or roadside development.
(K) Speed zoning should be coordinated with adjacent jurisdictions.

Speed zone surveys were conducted at 161 locations during the months of January and February 2026.

The radar speed distribution forms are in Appendix B.

Field Review Data
A field review was conducted for each of the selected street segments in the City with consideration for the following factors:

1. Street width and alignment;

2. Pedestrian activity and traffic flow characteristics;

3. Number of lanes and other channelization and striping patterns;

4. Frequency of intersections, driveways, and on-street parking;

5. Location of stop signs and other regulatory traffic control devices;

6. Visibility obstructions;

7. Land use and proximity to schools;

8. Pedestrian and bicycle usage;

9. Uniformity with existing speed zones and those in adjacent jurisdictions; and

10. Any other unusual condition not readily apparent to the driver. 2026 Engineering and Traffic Survey Report 10

CITY OF TULARE
Crash Data
Crash data was obtained from the California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS) electronic crash database. For this study, crash data was used from the latest 3 years of reported accidents from January 1, 2023 to December 31, 2025. The crash rates for the 161 segments are expressed in crashes per million vehicle miles (C/MVM). To calculate these rates, 24-hour traffic volumes were collected for each street segment. This information was then entered into the following formula to determine the crash rate:
૙૙૙ ,૙૙૙ ,૚ × ࡯ = ࡾ
࢙࢟ࢇࢊ ૞૟૜ × ࢚
࢘ࢇࢋ࢟
࢜ × ࢒ ×
C = Number of midblock crashes over time period
R = Crash Rate (crashes/million vehicle miles)
t = Time Period Covered (in years)
l = Length of Segment (miles)
v = Traffic Volume (average daily traffic)
The segment crash rate was then compared to the average statewide crash rate of similar roadways.

The average statewide crash rates were obtained from 2023 Collision Data on California State Highways published by Caltrans.

Residential Density and Bicyclist and Pedestrian Safety (CA MUTCD Section 2B.21.12p) When qualifying an appropriate speed limit, local authorities may also consider residential density and bicyclist and pedestrian safety.

If any of the following conditions exist on the particular portion of highway and the property contiguous thereto, other than a business district:

1. Upon one side of the highway, within 0.25 miles, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures.

2. Upon both sides of the highway, collectively, within a distance of 0.25 miles the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures.

3. The portion of highway is larger than 0.25 miles but has the ratio of separate dwelling houses or business structures to the length of the highway described in either subparagraph 1 or 2 above.

Safety of bicyclists and pedestrians, with increased consideration for vulnerable pedestrian groups including children, seniors, persons with disabilities, users of personal assistive mobility devices, and the unhoused.
2026 Engineering and Traffic Survey Report 11

CITY OF TULARE
Analysis
Survey data was compiled and analyzed to determine the recommended speed limit in accordance with several criteria contained in the CA MUTCD. Some of the criteria used are:

A. The critical speed or 85th percentile speed is that speed at or below which 85 percent of the traffic is moving. This speed is the baseline value in determining what the majority of drivers believe is safe and reasonable. Speed limits set higher than the critical speed are not considered reasonable and safe. Speed limits set lower than the critical speed make a large number of reasonable drivers "unlawful," and do not facilitate the orderly flow of traffic. The “basic speed limit” is the nearest 5 mph increment to the 85th percentile speed.

B. The 10 mile per hour (mph) pace speed is the 10 mph increment that contains the highest percentage of vehicles. It is a measure of the dispersion of speeds across the range of the samples surveyed. An accepted practice is to keep the speed limit within the 10 mph pace while considering the critical speed and other factors that might require a speed lower than the critical speed.

C. The crash rate for each street segment is compared to average crash rates that can be reasonably expected to occur on streets and highways in other jurisdictions, in proportion to the volume of traffic per lane mile. These average crash rates have been developed by the State of California and are considered reasonable for use in the City of Tulare.

The Engineering and Traffic Survey Forms, presented in Appendix A, illustrate results of a thorough evaluation of available data and recommend a speed limit for each of the 161 street segments surveyed based on the guidelines for an Engineering and Traffic Survey set forth by the CA MUTCD and the CVC. A complete summary of all 161 E&TS recommendations is shown in Table 1. In each case, the recommended speed limit was consistent with the prevailing behavior as demonstrated by the radar speed measurements. Typically, a speed limit in the upper range of the 10-mile pace was selected unless a crash rate significantly higher than expected was discovered or roadway conditions not readily apparent to the driver were identified. Any segments with recommended speed limits 5 mph or more below the basic speed limit are fully explained later in the Segments with Special Conditions section of this report.

The California State Legislature, in adopting Section 22358.5 of the CVC, has made it clear that physical conditions, such as width, curvature, grade and surface conditions, or any other condition readily apparent to a driver, in the absence of other factors, would not be the basis for special downward speed zoning. In these cases, the basic speed law (CVC Section 22350) is sufficient to regulate such conditions. 2026 Engineering and Traffic Survey Report 12

CITY OF TULARE
Speed Limit Recommendations
The recommendations contained in this Report are intended to establish prima facie speed limits. They are not intended to be absolute for all prevailing conditions. All prima facie speed violations are actually violations of the basic speed law (CVC Section 22350). This statute states that a person shall not drive a vehicle at a speed greater than is safe having regard for traffic, roadway, and weather conditions. A prima facie limit is intended to establish a maximum safe speed under normal conditions.

The establishment of a speed limit of more than 5 mph below the 85th percentile speed should be done with great care as studies have shown that establishing a speed limit less than the 85th percentile generally results in an increase in collision rates; in addition, this may make violators of a disproportionate number of the reasonable majority of drivers. (CA MUTCD Section 2B.21.12s) Recommendation Tables
Tables 1-3 summarizing the recommendations are referenced below and included in the following pages. The speed limit recommendations have been organized into the following three tables:

Recommendation Table
Total Number
of Segments
Table 1 - Summary of E&TS Recommended Speed Limits 161
Table 2 - Street Segments with Recommended Changes to the Posted Speed Limit 59 Table 3 - Recommended Street Segments Maintaining the Posted Speed Limit 102 2026 Engineering and Traffic Survey Report 36

Tulare City CouncilAugust 4, 2026

Tulare City Council
August 4, 2026