Agenda packet — Madera City Council, February 19, 2025 (part 1 of 2)

Update 2/13/2025 at 6:00 p.m. Madera City Council Agenda Page 1 of 5 February 19, 2025

REGULAR MEETING OF THE MADERA CITY COUNCIL
205 W. 4th Street, Madera, California 93637

NOTICE AND AGENDA
Wednesday, February 19, 2025 Council Chambers
6:00 p.m. City Hall
The Madera City Council meetings are open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live-streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID: 829 8649 7240 #. Press *9 to raise your hand to comment and *6 to unmute yourself to speak. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.
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Update 2/13/2025 at 6:00 p.m. Madera City Council Agenda Page 2 of 5 February 19, 2025
CALL TO ORDER:

ROLL CALL: Mayor Cece Gallegos
Mayor Pro Tem Jose Rodriguez, District 2
Councilmember Rohi Zacharia, District 1
Councilmember Steve Montes, District 3
Councilmember Anita Evans, District 4
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
INVOCATION: Rev. Joseph Alicea, Awaken Church of God
PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA:

PRESENTATIONS:

1. Proclamation Recognizing the Retirement of City Employee Juan Montemayor, Maintenance Worker II

2. Proclamation Recognizing NAACP for Black History Month

3. Proclamation Recognizing National Pesticide Safety Education Month PUBLIC COMMENT:

The first 15 minutes of the meeting are reserved for members of the public to address the Council on items which are within the subject matter jurisdiction of the Council. Speakers shall be limited to three minutes.

Speakers will be asked, but are not required, to identify themselves and state the subject of their comments. If the subject is an item on the Agenda, the Mayor has the option of asking the speaker to hold the comment until that item is called. Comments on items listed as a Public Hearing on the Agenda should be held until the hearing is opened. The Council is prohibited by law from taking any action on matters discussed that are not on the agenda, and no adverse conclusions should be drawn if the Council does not respond to public comment at this time.

A. PUBLIC HEARINGS:

A-1 Adoption of New Purchasing Procedures Ordinance and Amendment of Administrative Policy 18, Purchasing Policy of the City of Madera
Recommendation: Waive the Full Reading and by Title Only Introduce an Ordinance of the City of Madera Repealing and Replacing Chapter 4 of Title II of the Madera Municipal Code Relating to Purchasing Procedures and Including Raising Purchasing Thresholds, and adopt a Resolution amending Administrative Policy 18, Purchasing Policy of the City of Madera Contingent upon Subsequent Adoption of the Accompanying Ordinance (Report by Michael Lima)
B. CONSENT CALENDAR:

Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the public or a member of the Council may request an item be removed from the Consent Calendar and it will be considered separately.

Update 2/13/2025 at 6:00 p.m. Madera City Council Agenda Page 3 of 5 February 19, 2025
B-1 Minutes – February 5, 2025
Recommendation: Approve the City Council Minutes of February 5, 2025 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for January 25, 2025 to February 7, 2025 (Report by Michael Lima)
B-3 Informational Report on Personnel Activity
Recommendation: This report is submitted for informational purposes only and there is no action requested from the City Council (Council) (Report by Wendy Silva) B-4 Informational Report on Contract City Attorney Services and Litigation Expenditures Recommendation: This report is submitted for informational purposes only and there is no action requested from the City Council (Report by Arnoldo Rodriguez) B-5 Proclamation Recognizing Scout Troop 117 for their 100 Years of Service to the Youth of Madera
Recommendation: Adopt a Minute Order Approving a Proclamation Recognizing Scout Troop 117 for their 100 Years of Service to the Youth of Madera (Report by Alicia Gonzales)
B-6 Appointment to the Community Development Block Grant Commission Recommendation: Adopt a Resolution Appointing Diana Mosqueda to the Block Grant Commission (BGC) (Report by Michael Lima)
B-7 Appointment to the Transit Advisory Board
Recommendation: Adopt a Resolution Appointing Cynthia Ortegón to the Transit Advisory Board (Report by Michael Lima)
B-8 Madera County 5150 Response Protocol
Recommendation: Adopt a Resolution Approving a Multi-agency Memorandum of Understanding that defines the City’s roles and responsibilities in relation to Madera County’s 5150 Response Protocol and authorizing the Chief of Police to execute the agreement (Report by Giachino Chiaramonte) B-9 Assignment of an Airport Ground Lease Agreement Between the City of Madera and WSD, LLC, to Wood Cattle Company, LLC
Recommendation: Adopt a Resolution Approving the Assignment of an Airport Ground Lease Agreement dated February 19, 2025, between the City of Madera and WSD, LLC, to Wood Cattle Company, LLC (Report by Arnoldo Rodriguez) B-10 First Amendment to Solar Power & Services Agreement Between SunE GIL1, LLC, and the City of Madera
Recommendation: Adopt a Resolution Approving the First Amendment to Solar Power & Services Agreement between SunE GIL1, LLC, successor-in-interest to SunEdison Origination1, LLC, and the City of Madera (Report by Arnoldo Rodriguez)
Update 2/13/2025 at 6:00 p.m. Madera City Council Agenda Page 4 of 5 February 19, 2025
B-11 Four Easement Deeds for Sidewalk Improvements at Various Locations City Project R-94 Bid Package 3 Phase 2 AHSC Agreement No. 19-AHSC-12761
Recommendation: Adopt a Resolution Approving Four Agreements for Purchase and Sale of Real Property with the Property Owners and Authorizing the City Clerk to Execute the Certificate of Acceptance and Record the Easement Deeds (Report by Keith Helmuth)
B-12 2024 Wastewater Treatment Plant Improvements Escrow Agreement for Security in Lieu of Retention
Recommendation: Adopt a Resolution approving Escrow Agreement for security in lieu of retention with Gateway Pacific Contractors for the 2024 Wastewater Treatment Plant Improvements Project WWTP 24-01 (Report by Keith Helmuth)
C. WORKSHOP: None
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS: None E. ADMINISTRATIVE REPORTS:

E-1 Select Recipient for the Proclamations in the Month of March Recommendation: Request for Council’s Selection of a Recipient for the Proclamation Recognizing Red Cross Month and a Proclamation Recognizing Women’s History Month (Report by Alicia Gonzales)
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

This portion of the meeting is reserved for the Mayor and Councilmembers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to request updates, (iii) to initiate future agenda items, and (iv) to take action on matters initiated under this section of the agenda. Under this section, the Council may take action only on items specifically agendized and which meet other requirements for action.

G. CLOSED SESSION:

G-1 Conference with Labor Negotiators pursuant to Government Code §54957.6 Agency Designated Representatives: Arnoldo Rodriguez, Wendy Silva and Che Johnson Employee Organizations: Madera Affiliated City Employees’ Association, Madera Police Officers’ Association, Mid Management
Employee Group, and Law Enforcement Mid
Management Employee Group
G-2 Conference with Labor Negotiators pursuant to Government Code §54957.6 Agency Designated Representative: Arnoldo Rodriguez and Che Johnson Unrepresented Positions: Police Chief, Director of Parks & Community Services, City Engineer, Director of Human Resources, Director
of Information Technology, Chief Building Official,
Planning Manager, Director of Financial Services,
Public Works Operations Director, and Director of
Community Development
Update 2/13/2025 at 6:00 p.m. Madera City Council Agenda Page 5 of 5 February 19, 2025
UPCOMING MEETING DATES:
 Wednesday, March 5, 2025
 Wednesday, March 19, 2025
ADJOURNMENT:

 The meeting room is accessible to the physically disabled. Requests for accommodations for persons with disabilities such as signing services, assistive listening devices, or alternative format agendas and reports needed to assist participation in this public meeting may be made by calling the City Clerk’s Office at (559) 661-5405 or emailing [email protected] . Those who are hearing impaired may call 711 or 1-800-735-2929 for TTY Relay Service. Requests should be made as soon as practicable as additional time may be required for the City to arrange or provide the requested accommodation.

Requests may also be delivered/mailed to: City of Madera, Attn: City Clerk, 205 W. 4th Street, Madera, CA 93637. At least seventy-two (72) hours’ notice prior to the meeting is requested but not required.

When making a request, please provide sufficient detail that the City may evaluate the nature of the request and available accommodations to support meeting participation. Please also provide appropriate contact information should the City need to engage in an interactive discussion regarding the requested accommodation.
 The services of a translator can be made available. Please contact the City Clerk’s Office at (559) 661- 5405 or emailing [email protected] to request translation services for this meeting. Those who are hearing impaired may call 711 or 1-800-735-2929 for TTY Relay Service. Requests should be submitted in advance of the meeting to allow the City sufficient time to provide or arrange for the requested services. At least seventy-two (72) hours’ notice prior to the meeting is requested but not required.
 Please silence or turn off cell phones and electronic devices while the meeting is in session.  Regular meetings of the Madera City Council are held the 1st and 3rd Wednesday of each month at 6:00 p.m. in the Council Chambers at City Hall.
 Any writings or documents provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s office located at 205 W. 4th Street, Madera, CA 93637 and on the City website at www.madera.gov  Questions regarding the meeting agenda or conduct of the meeting, please contact the City Clerk’s Office at (559) 661-5405.
 Para asistencia en español sobre este aviso, por favor llame al (559) 661-5405.

I, Alicia Gonzales, City Clerk for the City of Madera, declare under penalty of perjury that I posted the above agenda for the Regular Meeting of the Madera City Council for February 19, 2025, near the front entrances of City Hall and on the City’s website www.madera.gov at 6:00 p.m. on February 13, 2025. _______________________
Alicia Gonzales, City Clerk
Approved by:

Michael Lima, Finance Director
Arnoldo Rodriguez, City Manager

REPORT TO CITY COUNCIL
Council Meeting of: February 19, 2025
Agenda Number: A-1
SUBJECT:

Adoption of New Purchasing Procedures Ordinance and Amendment of Administrative Policy 18, Purchasing Policy of the City of Madera
RECOMMENDATION:

Waive the Full Reading and by Title Only Introduce an Ordinance of the City of Madera Repealing and Replacing Chapter 4 of Title II of the Madera Municipal Code Relating to Purchasing Procedures and Including Raising Purchasing Thresholds, and adopt a Resolution amending Administrative Policy 18, Purchasing Policy of the City of Madera Contingent upon Subsequent Adoption of the Accompanying Ordinance.

SUMMARY:

The City's procurement practices are governed by both the Purchasing Policy and Title II, Chapter 4 of the Madera Municipal Code (MMC). Additionally, the City Council approved adopting the California Uniform Public Construction Cost Accounting Act (CUPCCAA) bidding standards for public works projects in December 2022. On January 1, 2025, Assembly Bill 2192 (AB 2192) went into effect, which increased the bidding threshold levels for CUPCCAA-governed bids. In response to these changes, staff is recommending that the bidding thresholds listed in the Purchasing Policy and the MMC are changed to match those in CUPCCAA.

DISCUSSION:

The City’s procurement practices are governed by Ordinance No. 996 C.S. as codified in Title II, Chapter 4 of the MMC. This chapter of the MMC establishes various dollar thresholds that dictate the procurement processes for the City. These thresholds determine when formal bidding is required, when informal quotes are sufficient, and when staff can make purchases without competitive bids. The MMC’s procurement requirements are supplemented by the City’s Purchasing Policy, which goes into more depth than the MMC on procurement regulations. The Purchasing chapter of the MMC and the Purchasing Policy were approved by Council on December 21, 2022, and August 21, 2024, respectively.

As part of the adoption of Ordinance 996 C.S., the City also adopted CUPCCAA standards for public works projects. CUPCCAA standards were generally higher than those for other City purchases. Given the large dollar amounts typical for public works projects, utilizing CUPCCAA standards reduced the purchasing efforts for staff in bidding out certain capital projects.

Governor Gavin Newsom signed into law AB 2192 on September 29, 2024. This new law made several changes to CUPCCAA requirements. In short, the new law raised the bidding thresholds and broadened the definition of a “public project” to include installations involving any publicly owned, leased, or operated facility. Additionally, AB 2192 enhanced the powers of the California Uniform Construction Cost Accounting Commission (Commission) by requiring the Commission to review the accounting procedures of any participating public agency where an interested party presents evidence that the work undertaken by the public agency has been split or separated into smaller work orders or projects, as specified, and would make conforming changes, as well as review noncompliance with bidding procedures for the publication or posting and electronic transmission of notice inviting formal bids. These changes went into effect on January 1, 2025.

In order to maintain consistency with the CUPCCAA requirements as amended by AB 2192, staff is recommending that both the MMC and the Purchasing Policy be updated. The following is a summary of the proposed revisions:

Purchasing Amount Authority and Signature
The proposed amendment would increase the City Manager’s purchasing authority for contracts for the purchase of goods and services from less than $60,000 to less than $75,000 per project per fiscal year unless the Council expressly reserves approval on a particular purchase/contract or the City Manager requests Council approval. This increase will continue to apply to contracts not measured monetarily, but which are reasonably estimated to be within the purchasing authority of the City Manager, such as the waiver of indemnification and insurance. Contracts for $75,000 or more would continue to be submitted to the Council for consideration.

Basic Procedures
The proposed amendment includes increased thresholds and procedures for purchasing nonpublic works project materials, supplies, equipment, and services to ensure the City pays fair prices and receives commensurate value. In short:
 Leaves to department discretion for purchases less than $6,000  Requires price quotes and issuance of a purchase order for purchases between $6,000 and less than $15,000
 Requires written specifications and price quotes from a minimum of 3 vendors (if available) as well as the issuance of a purchase order for purchases between $15,000 and less than $75,000
 Requires more rigorous bidding procedures and the issuance of a purchase order for contracts of $75,000 or higher, such as a request for proposal (RFP), invitation for bids (IFB), or request for qualifications (RFQ).

A comparison of current limits and proposed limits is provided in Table 1.

Table 1: Summary of Proposed Changes to Purchasing Limits and Procedures Current Limit Proposed Limit Proposed Purchasing Requirement Less than $6,000 Less than $6,000 No Purchase Order required $6,000 – $15,000 $6,000 – $15,000 Purchase Order required with 3 informal quotes; lowest quote in writing from the vendor
$15,000 - $60,000 $15,000.01 - $75,000 Purchase required with written specifications and at least 3 quotes in writing
$60,000 or more $75,000.01 or more
Written price quotes from 3 vendors through the bidding process or RFP/RFQ. Requires City Council action.

California Uniform Public Construction Cost Accounting Act Revisions Under existing law, CUPCCAA provides for the development of cost accounting standards and an alternative method for the bidding of public works projects by public entities. It defines “public project” to include, among other things, construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility.

AB 2192 modified the definition of “public project” to additionally include installations involving any publicly owned, leased, or operated facility.

AB 2192 increases the various bid thresholds that were codified in the existing CUPCCAA statue.

Specifically, AB 2192 authorized public projects of $75,000 or less to be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order, authorizes public projects of $220,000 or less to be let to contract by informal procedures, and requires public projects of more than $220,000 to be let to contract by formal bidding procedures. The new law also permits the governing body of a public agency, in the event all bids received for the performance of that public project are in excess of $220,000, to award the contract at $235,000 or less to the lowest responsible bidder if it determines the cost estimate of the public agency was reasonable. A comparison of the CUPCCAA’s initial bid thresholds and revised bid thresholds is provided in Table 2.

Table 2: Summary of Proposed Changes to CUPCCAA Purchasing Limits and Procedures Initial Limit Proposed Limit Proposed Purchase Procedure Less than $60,000 Less than $75,000 Performed by the employees of a public agency by force account, by negotiated contract, or by purchase order
$60,000 – $200,000 $75,000 – $220,000 Informal bidding procedures Over $200,000 Over $220,000 Formal bidding procedures
Revisions to CUPCCAA also included broader definition of a public work under CUPCCAA as well as increased thresholds and bidding procedures.

A “public project” was initially defined as:

1. A project for the erection, improvement, painting, or repair of public buildings and works

2. Work in or aboutstreams, bays, waterfronts, embankments, or other work for protection against overflow

3. Street or sewer work except for maintenance or repair, or

4. Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers (PCC Section 20161)
The definition of a “public project” has been amended to include, “Installations involving any publicly owned, leased, or operated facility.”
Purchasing Policy Revisions
The proposed amendments to the Purchasing Policy mirror the changes to the Ordinance and only impact the purchasing thresholds. Proposed changes to the Purchasing Policy are bolded and italicized in Attachment 2.

The changes proposed to the Purchasing Policy will not go into effect until the Ordinance changes which are also proposed as part of this action receive final approval by Council at a future Council meeting.

The proposed changes will result in reduced administrative costs for smaller purchases as fewer formal bidding procedures will be required. However, the City will continue to ensure competitive pricing and responsible spending through informal and formal procurement processes when appropriate.

FINANCIAL IMPACT:

There is minor financial benefit anticipated from these proposed changes coming from a reduction in the time needed to conduct and manage a procurement.

ALTERNATIVES:

Council could direct staff to modify the ordinance further or to forego modifications. Council could also reject the resolution to amend the Purchasing Policy and the MMC, thus continuing with the current policy. Doing so would cause a discrepancy between the CUPCCAA-governed bid limits and those in the MMC and the Purchasing Policy.

ATTACHMENTS:

1. Ordinance

2. Resolution approval amendment of Administrative Policy 18, Purchasing Policy of the City of Madera

3. Administrative Policy 18, Purchasing Policy of the City of Madera ATTACHMENT 1

ORDINANCE
ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF MADERA REPEALING AND REPLACING CHAPTER 4 OF TITLE II OF THE MUNICIPAL CODE RELATING TO

PURCHASING PROCEDURES AND INCLUDING RAISING PURCHASING

THRESHOLDS
THE CITY COUNCIL OF THE CITY OF MADERA DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 4 (Purchasing Procedures) of Title II (Administration) of the Madera Municipal Code is repealed in its entirety and added to read in its entirety as follows:

CHAPTER 4: PURCHASING PROCEDURES
Sections:
2-4.01 Purpose and Implementation
2-4.04 Expenditure Authority
2-4.03 Designation of and Responsibility of Purchasing Agent 2-4.04 Purchasing Amount Authority and Signature
2-4.05 Purchases and Contracts that are Not Public Projects 2-4.06 Uniform Public Construction Cost Accounting Act Public Project Procedures 2-4.07 Exceptions: Cooperative Purchasing Agreements and Piggyback Purchases. 2-4.08 Sole Source Purchases
2-4.09 Prevailing Wages and Public Works Projects
2-4.10 Requestsfor Proposals and Requestsfor Qualifications 2-4.11 Conflict of Interest
2-4.01 PURPOSE AND IMPLEMENTATION.
(A) Title. This chapter shall be known as the City of Madera Purchasing Ordinance (“Purchasing Ordinance”). The purpose of this Purchasing Ordinance is to establish efficient procedures for the purchase ofsupplies, equipment, and services atthe lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to define purchasing authority, and to assure the quality of purchases. (B) Compliance with Laws. The adoption of this Purchasing Ordinance is intended to meet the requirements of state law including but not limited to the following: (i) Government Code Sections 54201 to 54205 regarding the purchase of supplies and equipment; (ii) Public Contract Code Section 20160 to 20174 regarding city public works construction projects; (iii) Public Contracts Code Sections 22000 to 22045 regarding the Uniform Public Construction Cost Accounting Procedures; (iv) Government Code Section 4526 regarding professional services; (v) Labor Code requirementsfor prevailing wages; (vi) Government Code Section 4529.2 regarding architectural engineering services; and (vii) other applicable laws. (C) Superseding State and Federal Procurement Requirements. The procurement requirements under this Purchasing Ordinance shall be followed. However, in the event stricter requirements are required by state or federal funding sources, those requirements shall be met to ensure funding compliance and shall supersede the provisions of this chapter. (D) Administrative Purchasing Policy. The city’s purchasing functions shall be governed by this Purchasing Ordinance and by the city’s Administrative Purchasing Policy which shall be established by the Council as both as may be amended from time to time. The Administrative Purchasing Policy will serve to implement the provisions of the Purchasing Ordinance and will generally contain administrative requirements, responsibilities, and updated best practices to meet the city’s needs.
2-4.02 EXPENDITURE AUTHORITY.

Purchase and contract expenditures must be authorized in the city’s annual budget or pursuant to amendment to the annual budget approved by the council. 2-4.03 DESIGNATION AND RESPONSIBILITY OF PURCHASING AGENT.

The City of Madera Municipal Code section 2-2.203 (D) designates the Director of Finance of the city as the city Purchasing Agent with the responsibility to supervise and control the disbursement of all monies and the audit of all purchase orders and related invoices and payments. Subject to the direction of the Director of Finance, the duties of the Purchasing Agent may be performed by an authorized representative or be delegated to such city office or position as may be determined by the Director of Finance.

The Purchasing Agent shall have authority to:
(A) Purchase or contract forsupplies, equipment and services required by city in accordance with purchasing procedures prescribed by this Purchasing Ordinance, the Administrative Purchasing Policy, and any requirement as shall be prescribed by state or federal funding agencies.
(B) Negotiate and recommend execution of contracts for the purchase of supplies, equipment, and services at least expense to the city. (C) Act to procure forthe city the needed quality in supplies, equipment, and services at least expense to the city.
(D) Discourage uniform bidding and endeavor to obtain as full and open competition as possible on purchases.
(E) Prepare and recommend to the council revisions and amendmentsto the Purchasing Ordinance.
(F) Prescribe and maintain the forms as are reasonably necessary to the operation of the Purchasing Ordinance and other laws.
(G) Supervise or delegate the inspection of allsupplies, equipment and services purchased to ensure conformance with specifications of the product or service. (H) Maintain a bidders’ list, vendors catalog file, pre-qualified vendor lists, and records needed for the efficient operation of the Purchasing System; and (I) Require that all employees verify and ensure purchases are made in accordance with the Purchasing Ordinance and with state or federal funding sources. 2-4.04 PURCHASING AMOUNT AUTHORITY AND SIGNATURE.
(A) City Manager. Purchases and contracts of less than $75,000 per project per fiscal year may be awarded and signed by the City Manager, after being approved as to form by the City Attorney and Purchasing Agent, unless the council expressly reserves approval on a particular purchase or contract, or the City Manager requests council approval. This also includes contracts not measured monetarily such as the waiver of indemnification and insurance. (B) Council. If the amount of any purchase or contract is $75,000 or more in a fiscal year, the contract is required be awarded by the council at its discretion and signed by the Mayor unless a resolution specific to the particular contract authorizes the City Manager or other designee to sign the contract.
2-4.05 PURCHASES AND CONTRACTS THAT ARE NOT “PUBLIC PROJECTS.” (A) Procedures for Specific Amounts. The procedures in this section shall be followed when purchasing or leasing materials, supplies, equipment, or services that are (i) not public projects as defined in Section 2-5.06 of this Code and (ii) not procured through Requests for Qualifications and Requests for Proposals.
(1) Less than $6,000 - All city employees authorized to purchase or lease materials, supplies, equipment, or services shall ensure that the city pays fair prices and receives commensurate value for amounts expended.
(2) $6,000 to less than $15,000 - Price quotes must be solicited, either verbally or in writing, from a minimum of three vendors, if available. The low-price quote must be confirmed in writing by the vendor.
(3) $15,000 to less than $75,000 - Written specifications describing the delivery schedule, materials, supplies, equipment, or services must be prepared by city. Price quotes must be solicited in writing from a minimum of three vendors, if available. (4) $75,000 or higher – The informal bidding requirements under Section 2-4.06 D(2) of this Code relating to public projects shall be followed except that for non-public projects, the city is not required to award to the lowest bidder. The city may award to the best qualified vendor. In determining “best qualified vendor” as used in Section 2-4.05 consideration is to be given to quality and performance of the goods and supplies, equipment or materials to be purchased or nonprofessional services to be provided by the vendor.

Criteria for determining best qualified vendor includes, but is not limited to, the following:
(a) The cost or best value of the goods and supplies, equipment, materials, or nonprofessional services;
(b) The ability, capacity, and skill of the vendor to perform the contract and to provide the goods and supplies, equipment, materials, or nonprofessionalservices requested; (c) The ability of vendor to provide the goods and supplies, equipment, materials, or nonprofessional services promptly or within the time specified and without delay; (d) The quality of vendor’s performance on previous purchases or contracts; and (e) The vendor’s responsiveness.
(B) Purchase Order or Written Contract Required. Purchases of supplies, equipment, and services of $6,000 or more shall be made only by written purchase order or by written contract.
(C) Emergency Purchases. In the case of an emergency regarding a non-public project as defined in Section 2-4.06, the Purchasing Agent may determine to proceed with the immediate purchase of goods, supplies, equipment, materials, or services. The term “emergency” means a sudden, unexpected occurrence that poses a clear and imminent danger requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential services. Such immediate purchase of goods, supplies, equipment, materials, or services still requires the standard terms and conditions for written purchase orders or written contracts.
(1) If the dollar amount is within the City Manager’s authority, the Purchasing Agent shall promptly file with the City Manager a signed declaration showing that emergency conditions existed and created the necessity for such action, together with an itemized account of all expenditures.
(2) If the dollar amount is above the City Manager’s authority, the Purchasing Agent shall at the next regular meeting of the council seek ratification of the purchase by resolution which includes the emergency conditions which existed and the immediate need to take action together with an itemized account of all expenditures. (D) Prohibition against piecemealing, splitting or separating purchases. It isimpermissible to split orseparate purchases of materials,supplies, equipment orservicesfor the purpose of evading the provisions of the procedures for specific amounts set forth above. 2-4.06 UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT PROCEDURES FOR PUBLIC PROJECTS.
(A) California Uniform Public Construction Cost Accounting Act Adopted. The council of the City of Madera, California hereby readopts the California Uniform Public Construction Cost Accounting Act (California Public Contract Code § 22000 et seq.) for the purpose of prescribing regulations governing contracts awarded by the city for public projects. However, nothing contained herein shall preclude the city from utilizing more restrictive procedures if, and when required by federal or state law, or when federal or state funds are involved in the contract to be awarded and the funding agency requires more restrictive procedures. (B) Definitions of Terms. As used in Section 2-4.06, the words, terms, and phrases shall have the following meanings, as defined in Public Contract Code Section 22002, unless otherwise apparent from the context:
(1) “Facility” means any plant, building, structure, ground facility, real property, street, highway, or other public work improvement.
(2) “Maintenance Work” does not constitute a “public project” under the definition of “public project” in subsection (B)(3) below; it does include the following:
(a) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. (b) Minor repainting.
(c) Resurfacing of streets and highways at less than one inch. (d) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. (e) Work performed to keep, operate, and maintain city-owned water and wastewater systems.
(3) “Public Project” means any of the following:
(a) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility. (b) Painting or repainting any publicly owned, leased, or operated facility. (c) Public Project does not include maintenance work, as defined above. (d) Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers.
(e) Installations involving any publicly owned, leased, or operated facility. (C) Dollar Amount of Public Project Determines Process to be Used. The dollar amount thresholds provided in this section shall automatically adjust upon the effectiveness of any adjustment notification by the State Controller in accordance with Public Contract Code section 22020 et seq., without the necessity of amending this section or any subdivision herein to reflect any such adjustment.
(1) Public projects of $75,000 or less may be performed by city employees by force account, by negotiated contract or by purchase order.
(2) Public projects of $75,000.01 to $220,000 may be let to contract by informal bidding procedures as set forth in subsection (D) below. (3) Public projects of more than $220,000 shall, except as otherwise provided in this section, be let to contract by formal bidding procedure as set forth in subsection (D) below. (D) Proceduresto Be Used for Contracts Regarding Public Projects. (1) No bidding required. Per Public Contract Code Section 22032, public projects of $75,000 or less may be performed by the employees of the city by force account, by negotiated contract, or by purchase order consistent with the procedures in Section 2-4.05 (A) (1)–(3). Such contracts may be approved and executed by City Manager or designee. (2) Informal bidding procedures. Public projects of $75,000.01 to $220,000 per subsection (C)(2) above shall be awarded to the lowest responsive and responsible bidder in accordance with the Uniform Construction Cost Accounting Act, Section 22034 et seq. of the Public Contract Code, as follows:
(a) Contractors List. A list of qualified contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.
(b) Notice Inviting Informal Bids. A notice inviting informal bids shall be prepared, which shall describe the project in general terms, describe how to obtain more detailed information about the project, and state the time and place for the submission of bids. The notice shall be mailed, not less than ten (10) days before bids are due, to either all the contractors on the Contractors List for the category of work to be bid, or to all construction trade journals specified in the California Public Contract Code Section 22036, or both, unless the product or service delivery is proprietary.
(c) The informal bids for public projects shall be awarded by the council and signed by the Mayor or by council designee.
(d) If all bids received are in excess of $220,000, the council may, by adoption of a resolution of four-fifths vote of the members of the council, award the contract, at $235,000 or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable.
(3) Formal bidding procedures. Public projects of more than $220,000.00 per section (C)(3), above, shall be awarded pursuant to formal bidding procedures to the lowest responsive and responsible bidder in accordance with, but not limited to, the procedures set forth below.
(a) Notice Inviting Formal Bids. The following are required:
(i) Contents of Notice. Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. (ii) Publication of Notice. The notice shall be published at least 14 calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the city, or otherwise comply with the requirements of Public Contracts Code Section 22037.
(iii) Electronic Transmission of Notice. The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals asrequired by the Commission as specified in Public Contract Code Section 22036. The notice shall be sent at least fifteen calendar days before the date of opening the bids.
(iv) Per Labor Code Section 1771.1, the notice must state that a contractor or subcontractor is not qualified to bid on, be last in a bid proposal for, or perform work on a project unless it is registered and qualified under Labor Code Section 1725.5. (b) Instructions to Bidders – The Notice Inviting Formal Bids should also identify the contract documents to be considered, the availability of information, any scheduled prebid meetings, bid protest procedures, addenda, and any other procedures to be followed for bids to be considered.
(c) Bid Package – The bid package should include the following:
(i) The proposal form.
(ii) Submission of sealed bids.
(iii) A public bid opening.
(iv) Award to the lowest, responsive and responsible bidder. (v) City reservation in notice inviting bids of the right to reject any or all bids and to waive minor irregularities.
(vi) Award and execution of a written contract.
(vii)Reference to applicable state or federally funded project requirements.
(viii) Bid security.
(ix) Performance and payment bonds.
(x) Listing of subcontractors.
(E) Authority to Prepare and Issue Notice Inviting Bids. The Purchasing Agent or designee is authorized to prepare and issue notices inviting bids and to establish such additional bidding procedures which must be consistent with those stated herein. (F) Prohibition against splitting or separating projects. It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this Purchasing Ordinance requiring work to be done by contract after competitive bidding. Under Public Contract Code Section 22033 “It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this article requiring work to be done by contract after competitive bidding.” (G) Council Authority to Reject, Re-advertise, or Otherwise Award. (1) In its discretion, the council may reject any and all bids presented under the informal and formal bidding procedures described above for public projects, if the city, prior to rejecting all bidsfurnishes a written notice to the apparent low bidder. The notice shall inform the bidder of the city’s intent to reject the bid and shall be mailed or emailed at least two (2) business days prior to the council meeting at which the city intends to reject the bid.

If after the first invitation for bids all bids are rejected, after reevaluating its cost estimates of the project, the city shall have the option of either of the following:
(a) Abandoning the project or re-advertising for bids in the manner described in this Section 2-4.06.
(b) By passage of a resolution by a four-fifths vote of the council declaring that the project can be performed more economically by the employees of the city, the city may have the project done by force account without further complying with this Section 2-4.06. (2) If the contract is awarded, it shall be awarded to the lowest responsive and responsible bidder. If two (2) or more bids are the same and the lowest, the city may accept the one it chooses.
(3) If no bids are received through the informal or formal bidding procedures described above,the project may be performed by employees of the city by force account or by informal bidding procedures set forth above.
(H) Emergency.
(1) In case of an emergency regarding a public project which requires formal bidding procedures, the council may pass a resolution by a four-fifths vote declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property. The resolution shall specify findings as required in Public Contracts Code Section 22050.
(2) “Emergency” as used in this section means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. (I) Written Contracts Required. All contracts for public projects shall be in writing; all amendments to contracts shall be in writing. The City Manager or his or her designee shall work with the City Attorney to ensure that the contract includes language protecting the city’s interest and language required by law. This language shall include, but is not limited to specified term, scope of services, termination language, insurance, warranties, indemnification, non-collusion, contractor license, security, bonds, liquidated damages, change orders, retention, delays, claims process, prevailing wages, and compliance with applicable laws.
(J) Change Order Limits for Public Projects. The award of contractsfor public projectsshall include a recommended contingency amount not to exceed 15%. Any change order must be reasonably related to the scope of the original contract and based on post-award information that requires modification based on unforeseen conditions or by mutual agreement of the parties. Any change order which resultsin a total contract amount greater than the limits in this provision shall require council approval.
2-4.07 EXCEPTIONS: COOPERATIVE PURCHASING AGREEMENTS AND PIGGYBACK PURCHASES.
(A) Cooperative Purchasing. The city, through the Purchasing Agent, may purchase supplies, equipment, or services through a joint powers or other cooperative purchasing program with any local, county, state, or federal public entity or entities, or any association of public agencies, including the California League of Cities, the California State Association of Counties, and the National Conference of Mayors, provided that:
(1) The selected bidder was selected in compliance with the competitive bidding or proposal process requirements of any participating entity or association; and (2) The Purchasing Agent determines that the competitive bidding or proposal process utilized is similar to that contained in this chapter; and (3) The Purchasing Agent determines that, as a result of cooperative purchasing, the price of the supplies, equipment, or services is likely to be lower than it would be if purchased directly by the city pursuant to this chapter.
(B) Information Technology Goods and Services. In accordance with Public Contract Code Section 10299, the city, through the Purchasing Agent may, without formal or informal bidding, contract with suppliers who have been awarded contracts by governmental entities for the purchase of goods, information technology, and services under the competitive process in Public Contract Code Sections 12100 to 12113. Such contracts typically take the form of master agreements, price schedules, or multiple award schedules. The city may make these purchases directly from the vendors orthe state may provide assistance to the city in making these acquisitions.
(C) “Piggyback” Purchasing. The city may utilize the purchasing practice commonly referred to as “piggyback” purchasing. The city, through the Purchasing Agent, may purchase supplies, equipment, or services, without complying with the bidding or proposal procedures in this chapter, from any supplier who offers the supplies, equipment, or services at the same or better price, terms, and/or conditions as the supplier previously offered to another city or other public agency as the lowest bidder pursuant to the competitive bidding or proposal process required by that city or other public agency, provided that:
(1) The competitive bidding or proposal process required by that city or other public agency is similar to that contained in this chapter; and (2) The competitive bidding or proposal process required by that city or other public agency included all known bidders; and
(3) The supplier’s bid or proposal was for like or greater quantities, and a like or greater quality, of supplies, equipment, or services.
2-4.08 SOLE SOURCE PURCHASES.
(A) In the event that there is one, and only one, source for a product of $6,000 or more, a sole-source purchase may be used. When a department wishes to make a sole-source purchase, it must make the findings set forth below in writing and file such certification with the Purchasing Agent forthe Purchasing Agent’s approval. In order to establish a legal basis for a sole-source exception, the following statements and findings must be made:
(1) A statement describing the unique or specialized feature of the product in question;
(2) A statement of the department director’s efforts to locate all possible suppliers of such product;
(3) A statement that, in spite of its efforts, the department director has been able to locate only one supplier of the product in question;
(4) A statement that indicates the ultimate cost of the product and the process used to determine the cost of the product;
(5) A finding that it is, therefore, proper for the city to dispense with a competitive bidding requirement and to authorize the city to purchase the product in question under the sole-source exception; and/or
(6) A disclosure statement of the department director and each individual involved in evaluating and/or in making a recommendation for the purchase. (B) If the purchase exceeds the City Manager’s monetary authority to contract, a resolution making the findings set forth above must be submitted with the staff’s request for award of a sole source contract by the council.
2-4.09 PREVAILING WAGES AND PUBLIC WORKS PROJECTS.
(A) This section applies to prevailing wages under local and state law. The requirements for prevailing wages under the federal Davis-Bacon Act are separate and should be reviewed separately as required by applicable federal funding sources. Under California Labor Code Section 1771, all work performed under contract for “public works” projects of more than $1,000 shall be subject to prevailing wages. The Labor Code defines the term “public works project” broader than the Public Contract Code defines “public project” as per Section 2-4.06 above. There may be instances in which bidding is not required but payment of prevailing wages is required.
(B) “Public Works Project” for the purpose of state prevailing wages means:
(1) Construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part from city funds. For purposes of this paragraph, “construction” includes work performed during the design and preconstruction phases of construction, including, but not limited to, inspection and land surveying work. For purposes of this paragraph, “installation” includes, but is not limited to, the assembly and disassembly of freestanding and affixed modular office systems;
(2) The laying of carpet done under a building lease-maintenance contract and paid for out of public funds;
(3) Street, sewer, or other improvement work done under the direction and supervision of the city;
(4) Hauling refuse from a public works site to an outside disposal location; or (5) Maintenance work, including routine, recurring, and usual work for the preservation of a city-owned or operated facility, and landscape maintenance work per Labor Code Section 1771.
(C) Prevailing wage requirements do not apply to work performed by the city with its own forces.
(D) The City Manager is authorized to establish guidelinesfor implementing prevailing wages requirements that are consistent with this section and with the Labor Code. (E) The City Manager shall designate a person to comply with the contractor registration requirements on all contracts requiring prevailing wages. 2-4.10 REQUESTS FOR PROPOSALS AND REQUESTS FOR QUALIFICATIONS Procurements under a Request for Proposal (RFP) or Request for Qualifications (RFQ) are appropriate for services that are not subject to legal public bidding requirements. Such procurements may include consulting services, professional services, and maintenance services as described in this section.
(A) RFP or RFQ. If there are no statutory or funding condition requirements that specify use of an RFP or RFQ, selection is based on the nature of the procurement. For example, an RFP is generally the preferred option for project-based procurement where the specific scope of services is known in advance and one of the primary criteria will be the best lump sum price for providing services (although experience and qualifications may also be considered). An RFQ is often preferable for ongoing or on-call professional or consulting services where there is not a single, defined project and the qualifications and experience of the consultant are the primary criteria (although hourly rates may also be considered). (B) RFP/RFQ Required.
(1) Architectural and Engineering Services. Per Government Code Section 4529.12 all architectural and engineering servicesshall be procured pursuant to a fair, competitive selection process. Therefore, an RFP/RFQ process must be followed. The term “architectural and engineering services” includes all architectural, landscape architectural, environmental, engineering, land surveying, and construction project management services. (See Government Code Section 4529.10)
(2) Design-Build. An RFQ and RFP must be used if the city adopts an ordinance for design-build procurement under Public Contract Code Section 22160 et. seq. (3) Funding Source Requirement. The city shall comply with County, State, or Federal funding source requirements for use of an RFP/RFQ.
(4) Master Service Agreements. Master Service Agreements may be entered into with specific vendors for support services on an “as needed” basis pursuant to an RFP process. (C) RFP/RFQ Not Required.
(1) Professional/Consultant Services. The city may contract with any specially trained and experienced persons, firms or corporations for special services and advice in financial, economic, accounting, legal or administrative services. Selection shall be on the basis of demonstrated competence, on the professional qualifications necessary for the satisfactory performance of the services required, and at a fair and reasonable price to the city. To obtain the best competitive value forservices, the city may employ an RFP or RFQ process dependent on nature of the services, complexity, estimated cost, and immediate needs as determined by the City Manager.
(2) Routine Supplies/Equipment. Procurement of routine supplies or equipment where best price is the only objective, there is no need to use an RFP/RFQ. A clear and specific request for price quotes or informal bidding requirements per Section 2-4.05 of this Code is often the most efficient procurement method for obtaining the best price for goods exceptthat factors otherthan low price may be considered. However, the city may choose to use an RFP/RFQ process.
2-4.11 CONFLICT OF INTEREST.

No person shall recommend, participate in any contract evaluation, selection, purchase, or lease which would constitute a conflict of interest defined in the city Conflict of Interest Code or applicable state law.

SECTION 3. CEQA. The City Council finds this ordinance is not a project under the California EnvironmentalQuality Act because it can be seen with certainty thatit will not have a significant effect or physical change to the environment. See Title 14, California Code of Regulations, Section 15061 (b) (3).

SECTION 4. Severance. If any section,subsection, phrase, or clause ofthis ordinance isfor any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.

SECTION 5. Publication. Upon passage, this ordinance, or a summary of the same shall be published as required by law.

SECTION 6. Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

Attachment 2
Resolution
RESOLUTION NO. 25-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING THE AMENDMENT TO ADMINISTRATIVE POLICY 18, PURCHASING POLICY OF THE CITY OF MADERA
WHEREAS, the City of Madera issues Administrative Policies to set forth City policy on a variety of issues; and
WHEREAS, on August 16, 1993, the City of Madera adopted the Administrative Policy 18: Purchasing Policy of the City of Madera; and
WHEREAS, the Purchasing Policy of the City of Madera was amended on September 4, 1996, February 16, 2000, November 1, 2000, May 2, 2007, June 18, 2008, August 5, 2009, May 18, 2022, and August 21, 2024; and
WHEREAS, Assembly Bill 2192 was adopted on November 1, 2024 to increase bid limit thresholds prescribed in Public Contract Code 22032; and WHEREAS, the City Council has determined that there are important additions and amendments which should be made to the existing Purchasing Policy to bring it in line with Public Contract Code 22032.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY finds, orders and resolves as follows:

1. The above recitals are true and correct.

2. The City Council (Council) approves the amendment to Administrative Policy 18:

Purchasing Policy of the City of Madera.

3. This Resolution is effective only if “An Ordinance Of The City Of Madera Repealing And Replacing Chapter 4 Of Title II Of The Municipal Code Relating To Purchasing Procedures And Including Raising Purchasing Thresholds” is adopted and becomes effective.
*******
Attachment 3
Administrative Policy 18, Purchasing Policy of the City of Madera

CITY OF MADERA
Administrative Policy
POLICY NUMBER: AP- 18
ADOPTED:

REVISED:

RESOLUTION:

Subject: PURCHASING POLICY OF THE CITY OF MADERA

PURCHASING POLICY OF THE

CITY OF MADERA
ADOPTED BY THE MADERA CITY COUNCIL ON AUGUST 16, 1993
REVISED ON SEPTEMBER 4, 1996
AND FEBRUARY 16, 2000
AND NOVEMBER 1, 2000
AND MAY 2, 2007
AND JUNE 18, 2008
AND AUGUST 5, 2009
AND MAY 18, 2022
AND AUGUST 21, 2024
AND ______FEBRUARY 19, 2025
Policy No. 18
01425.0007/1052291.1

PURCHASING

MISSION STATEMENT
The Purchasing Division is committed to obtaining the most desirable goods and services to meet the City's operational needs, at the lowest possible cost, delivered in a timely manner, and in compliance with all City policies and applicable laws, including Madera Municipal Code Chapter 4 Title II.

The Purchasing Division is responsible for all aspects of the City's centralized procurement process. Its objective is to acquire needed goods and services as efficiently and as inexpensively as possible, while assuring fair and equal opportunity to all qualified vendors. To achieve this objective, Purchasing seeks to foster as much competition as possible. In doing so, we adopt the goal of fairness by ensuring all who wish to compete for the opportunity to sell to the City of Madera can do so.

The Purchasing Division’s primary function is to assist other City Departments in their procurement efforts, securing materials and services which meet necessary standards. Concurrently, the Purchasing Division monitors all procurement to ascertain compliance with applicable laws.

Purchasing Division personnel prepare the City's procurement program; establish standards for quality assurance; purchase products and services; and administer contracts. Staff prepare specifications and schedule purchases; develop advantageous contractual terms; solicit and evaluate bids; award and administer contracts; place legal advertisements; prepare contract documents; maintain procurement records for all City departments; and formulate policy for the disposition of excess and/or obsolete material. Additionally, the department performs specialized specification writing functions for acquisition of all automotive vehicles, heavy equipment and related service contracts.

Functioning as a major business office of the City with the vendor community, the Purchasing Division strives to promote goodwill through sound business practices, efficient operations and supporting the purchase of recycled and environmentally preferred products while providing the greatest value for the tax dollar.

Our policy is intended to:
 Give all suppliers full, fair, prompt and courteous consideration  Keep competition open and fair
 Solicit supplier suggestions in the determination of clear and adequate specifications and standards.
 Cooperate with suppliers and consider possible difficulties they may encounter  Observe strict truthfulness and the highest ethics in all transactions and correspondence  Support the purchase of recycled and environmentally preferred products  Provide timely, efficient and cost-effective services to City staff.

PURCHASING POLICY

TABLE OF CONTENTS
PURPOSE .....................................................................................................................................................28 PURCHASING AUTHORITY AND RESPONSIBILITIES ......................................................................................28 OTHER PURCHASING DUTIES.......................................................................................................................28 PROCUREMENT SERVICES MANAGER AUTHORITY......................................................................................29 DELEGATION OF AUTHORITY.......................................................................................................................30 CODE OF ETHICAL CONDUCT.......................................................................................................................30 PUBLIC PURCHASING PRINCIPLES AND STANDARDS...................................................................................31 CONFLICT OF INTEREST REGULATIONS........................................................................................................32 PROHIBITION OF GIFTS, GRATUITIES AND KICKBACKS ................................................................................33 UNETHICAL USE OF CONFIDENTIAL INFORMATION ....................................................................................33 RECOVERY OF VALUE TRANSFERRED OR RECEIVED IN BREACH OF ETHICAL STANDARDS.........................33 SANCTIONS FOR ETHICAL VIOLATIONS........................................................................................................34 EMERGENCY ORDERS ..................................................................................................................................34 CAPITAL ACQUISITIONS/FIXED ASSETS........................................................................................................34 ENVIRONMENTALLY PREFERRED PURCHASING...........................................................................................35 CREDIT CARD PURCHASES ...........................................................................................................................35 LOCAL VENDOR PREFERENCE ......................................................................................................................35 COOPERATIVE PURCHASING........................................................................................................................35 “PIGGYBACK” PURCHASING........................................................................................................................36

PURPOSE
The purpose of this policy is to provide guidance to City departments to instruct them in the procedures that are to be followed in obtaining materials, equipment and services that comply with applicable Federal, State and local laws and regulations and promote the cost-effective procurement of goods and services through a centralized purchasing system.

The purpose of a centralized purchasing system is to obtain those materials, equipment and services necessary for the day-to-day operation of our City government, as well as long range procurement, in a timely and cost-effective manner to insure continued function and continuity of City services.

In order for such a system to work, City departments and the Purchasing staff must work together in developing clear and concise specifications conducive to open competitive purchasing that will at the same time, insure a standard of quality and reliability.

It is intended that the information contained in this policy and in the Purchasing Procedures Manual will help staff in both understanding the laws and regulations that govern the procurement activity of the City, as well as assist staff in following the proper procedures necessary in completing the purchasing process in a timely manner.

PURCHASING AUTHORITY AND RESPONSIBILITIES
The Procurement Services Manager, under the direction of the Director of Financial Services and City Manager, shall be the head and have general supervision of the Purchasing Division. The Procurement Services Manager has the authority and responsibility to carry out and/or delegate implementation of applicable procurement laws and Council policies with regard to purchasing and related contractual agreements for materials, supplies and services.

The Procurement Services Manager, under the direction of the Director of Financial Services and the City Manager or his/her designee, also has the authority and responsibility to verify the availability of funds and budgetary approval for requested purchases.

The Procurement Services Manager, under the direction of the Director of Financial Services and the City Manager or his/her designee, has authority to contract for rental or purchase of all materials, supplies, furnishings, equipment and other personal property upon written requisition by a City Department Head or his/her designee.

The Procurement Services Manager, under the direction of the Director of Financial Services and the City Manager or his/her designee, also has the authority to contract for various services including, but not limited to building construction, alteration and repair and architectural, engineering and design consulting services.

In summary, the Procurement Services Manager or designee processes purchase requisitions for all City departments; obtains and evaluates competitive bids, proposals and quotes; awards purchase orders and contracts; creates, distributes and centrally files all purchasing documents; administers purchase orders and contracts and; monitors vendor performance.

OTHER PURCHASING DUTIES
 Redistribute, sell or otherwise dispose of property no longer required by the using department, i.e. surplus property.
 Establish standard specifications, with department input, for items commonly used by City departments.
 Coordinate with City departments to track terms, extensions and other aspects of Lease-Purchase agreements and Consultant Agreements.
 Coordinate and maintain centralized location for record keeping relating to any RFP/RFQ or other bid process.
 Establish and maintain the City’s Travel Program Policy and Procedures.  Establish and maintain the City’s Procurement Card Program and Policy and Procedures.

The Procurement Services Manager, under the direction of the Director of Financial Services and the City Manager or his/her designee, may organize one or more committees to assist in the establishment of standards of type, design, quality or brand of purchases. The Procurement Services Manager may be the head of such committee, which may include the heads of using departments and others concerned. As to purchases for special needs or particular uses, the Procurement Services Manager shall consult with and give consideration to the recommendations of the department head making the requisition. Any member of the committee may act through a representative appointed by him/her.

PROCUREMENT SERVICES MANAGER AUTHORITY
All purchases of $6,000 or more require a purchase order.

Bidding procedures are not required for purchases of supplies, materials, equipment and services having a total estimated value of less than $6,000. This does not relieve the purchaser from the responsibility of providing the best value to the City for goods or services.

Purchases of supplies, materials, equipment and services of an estimated value in the amount of $6,000 up to $14,999.99 may be made by the Procurement Services Manager in the open market. Open market purchases for supplies, materials, equipment and services of an estimated value between $6,000 and $14,999.99 shall, whenever possible, be based on at least three (3) quotes or bids, and shall be awarded to the lowest responsive, responsible bidder providing the best value to the City, with the lowest quote or bid being provided in writing.

Purchases of supplies, materials, equipment, and services, that are not public projects, of an estimated value between $15,000 and $60,000 $74,999.99 shall be procured using written specifications prepared by the City describing the delivery schedule, materials, supplies, equipment, or services; price quotes must be solicited and received in writing from a minimum of three vendors, if available.

The City Manager is authorized to sign contracts of less than $60,000 $75,000 per project per fiscal year that have been reviewed and approved by the Procurement Services Manager and City Attorney.

If the amount of any purchase or contract is $60,000 $75,000 or more in a fiscal year, the contract shall be awarded by the City Council and signed by the Mayor unless a resolution specific to the particular contract authorizes the City Manager or other designee to sign the contract.

Except as otherwise provided herein, purchases of supplies, materials and equipment having an estimated value greater than $60,000 $75,000, that are not public projects shall follow formal bidding procedures. Such contracts shall be awarded to the vendor determined to be the best qualified vendor.

Criteria for determining the best qualified vendor includes, but is not limited to, the following:
 The cost or best value of the goods and supplies, equipment, materials, or nonprofessional services;
 The ability, capacity, and skill of the vendor to perform the contract and to provide the goods and supplies, equipment, materials, or nonprofessional services requested;  The ability of vendor to provide the goods and supplies, equipment, materials, or nonprofessional services promptly or within the time specified and without delay;  The quality of vendor’s performance on previous purchases or contracts by City.

Professional services, which may include architectural, engineering, construction management, land surveying, specialized and design services shall be procured in accordance with the Qualification Based Selection (QBS) procedures.

Per Public Contract Code Section 22032, public projects of $60,000 $75,000 or less may be performed by the employees of the City by force account, by negotiated contract, or by purchase order. Consistent with the procedures in Municipal Code Section 2-4.05 (A) (1) (3). Such contracts may be approved and executed by City Manager or designee. Consistent with Madera Municipal Code Section 2-4.05 (C), the dollar amount thresholds for public projects shall automatically adjust upon the effectiveness of any adjustment notification by the State Controller in accordance with Public Contract Code section 22020 et seq., without the necessity of amending this section or any subdivision herein to reflect any such adjustment.

Public projects of $60,000.01 TO $200,000 $75,000.01 to $220,000 per Municipal Code Section 2-4.05 (C)(2)shall be awarded to the lowest responsive and responsible bidder in accordance with the Uniform Construction Cost Accounting Act, Section 22034 et seq. of the Public Contract Code.

Prohibition against piecemealing, splitting, or separating purchases.

It is impermissible to split or separate purchases of materials, supplies, equipment, or services for the purpose of evading the provisions of the procedures for specific amounts set forth above.

DELEGATION OF AUTHORITY
Working in concert with the originating departments the Procurement Services Manager may delegate any of the duties listed above to other City employees or other primary contacts as requested by the originating department. Those individuals shall follow all the guidelines of this policy and shall work with the Procurement Services Manager on technical aspects of the purchasing process if needed. In general, Department Heads have been given delegated purchasing authority of $5,999.99.

Procuring goods, services, equipment and materials on behalf of the City of Madera without proper authority can result in the individual being held personally responsible for charges incurred.

CODE OF ETHICAL CONDUCT
The primary mission of City Government is to serve the citizens of the City of Madera. To perform its mission effectively, the City must have the trust and confidence of the public it serves. That trust is dependent upon City employees discharging their duties honestly, forthrightly, objectively and with personal integrity.

To secure and maintain the trust and confidence of the public, the City of Madera is committed to upholding the highest standards of ethical conduct. Of key importance in determining whether a particular action is proper or improper, is how the action is perceived. The full measure of ethical review is not limited to the narrow confines of a specific job, task or department. The review must also determine whether the action gives the appearance of wrongdoing, inequity, impropriety or the perception of misconduct when viewed by the public.

The City of Madera subscribes to the following Principles and Standards of Purchasing Practice:

PUBLIC PURCHASING PRINCIPLES AND STANDARDS
 Avoid the intent and appearance of unethical or compromising practice in relationships, actions and communications.
 Demonstrate loyalty to the employer by diligently following the lawful instructions of the employer, using reasonable care and only authority granted.  Refrain from any private business or professional activity that would create a conflict between personal interests and the interests of the employer. Refrain from soliciting or accepting money, loans, credits or prejudicial discounts and the acceptance of gifts, entertainment, favors or services from present or potential suppliers that might influence or appear to influence purchasing decisions.
 Handle confidential or proprietary information belonging to employers or suppliers with due care and proper consideration of ethical and legal ramifications and governmental regulations.  Promote positive supplier relationships through courtesy and impartiality in all phases of the purchasing cycle.
 Refrain from reciprocal agreements that restrain competition.  Know and obey the letter and spirit of laws governing the purchasing function and remain alert to the legal ramifications of purchasing decisions.
 Encourage all segments of society to participate by demonstrating support for small, disadvantaged and minority-owned businesses.
 Enhance the proficiency and stature of the purchasing profession by acquiring and maintaining current technical knowledge and the highest standards of ethical behavior.  Conduct international purchasing in accordance with the laws, customs and practices of foreign countries, consistent with United States laws, our organization policies and these guidelines.  To regard public service as a sacred trust, giving primary consideration to the interests of the governmental unit by whom we are employed.
 To purchase the best value obtainable, securing the maximum benefit for each tax dollar expended.
 To avoid sharp practices, giving all qualified vendors an equal opportunity.  To respect our obligations and to require that obligations to us and our governmental unit be respected.
 To accord vendor representatives the same treatment we should like to receive, remembering that they are important sources of information and assistance in our buying process.  To strive constantly for greater knowledge of purchasing methods and of the materials we buy.  To be receptive to counsel from our colleagues and to cooperate with them to promote a spirit of unity.
 To conduct ourselves with fairness and dignity and to demand honesty and truth in buying and selling.
 To cooperate with all organizations and individuals engaged in enhancing the development and standing of the purchasing profession.
 To remember that everything we do reflects on the entire purchasing profession and to govern our every action accordingly.

CONFLICT OF INTEREST REGULATIONS
Conflicts of interest occur when a conflict exists between the public interest and the private monetary interest of a public official or employee. Conflicts of interest can also occur with regards to individuals who have left government employment, when former public officials are able to exert undue influence over the purchasing process because of their past personal connections inside government.

No member of the Council or of any board and no officer or employee of the City shall be or become interested in any contract for which bids are or may be required for the furnishing of labor or materials to or for the City, nor shall any of them receive any gratuity or advantage from any contract or from the contractor furnishing any labor or material under any contract, the cost or consideration of which is payable from the City treasury. Any such contract with the City in which any such officer or employee is or becomes interested shall be declared void by the Council.

Generally speaking, an employee or official should not participate directly or indirectly when the following conditions apply:
 The employee, official or any member of the employee’s or official’s immediate family has a direct or indirect interest in the purchase.
 A business or organization, in which the employee, official or any member of the employee’s or official’s immediate family has a direct or indirect interest, is involved in the purchase.  Any other person, business or organization, with which the employee, official or any member of the employee’s or official’s immediate family is negotiating or has an arrangement concerning prospective employment, is involved in the purchase.

No officer or employee of the City shall aid or assist a bidder in securing a contract to furnish labor or materials or supplies at a higher price or rate than that proposed by any other responsible bidder, or shall favor one bidder over another, giving or withholding information, or shall willfully mislead any bidder in regard to the character of the materials or supplies of a quality inferior to that called for by contract, or shall knowingly certify to a greater amount of labor performed than has actually been performed or to the receipt of a greater amount of material or supplies than has actually been received.

PROHIBITION OF GIFTS, GRATUITIES AND KICKBACKS
Council members and other officials or employees are prohibited from accepting any gratuity or advantage from any contract or contractor. This section is designed to prohibit actions that may tend to unduly and improperly influence officers and employees in the discharge of their duties, or grant, in the discharge of their duties, any improper favor, service or thing of value.

The City of Madera regards the practice of accepting gifts or gratuities as unnecessary, undesirable and contrary to the mission of the City. The City recognizes the responsibility of its employees to maintain good relations with all members of the community and believes this can be accomplished in a professional manner without gifts or gratuities interfering with and/or influencing employees. The City prohibits an employee from accepting personal gifts or gratuities in his/her capacity as a City employee from business or individuals who either do business with or are served by the City. As opposed to gratuities, which up to a financial point are not illegal, kickbacks are always illegal. Kickbacks are "financial payment for receiving a contract.”
It shall be illegal for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.

UNETHICAL USE OF CONFIDENTIAL INFORMATION
City employees are frequently made privy to confidential information in the course of their duties, and the prohibition against the misuse of confidential information is just as fundamental to ethical purchasing as it is to any other sphere of government. It shall be unethical for any employee, or former employee, knowingly to use confidential information for actual or anticipated personal gain, or for the actual or anticipated personal gain of any other person.

RECOVERY OF VALUE TRANSFERRED OR RECEIVED IN BREACH OF ETHICAL STANDARDS General Provisions
The value of anything transferred or received in breach of ethical standards by a City of Madera employee or a vendor may be recovered from both employee and vendor.

Recovery of Kickbacks by the City
Upon showing that a subcontractor made a kickback to a prime contractor or a higher tier subcontractor in connection with the award of a subcontract or order there under, it shall be conclusively presumed that the amount thereof was included in the price of the subcontract or order and ultimately borne by the City and will be recoverable hereunder from the recipient. In addition, that amount may also be recovered from the subcontractor making such kickbacks. Recovery from one offending party shall not preclude recovery from other and all offending parties.

SANCTIONS FOR ETHICAL VIOLATIONS
Any employee who violates ethical standards may be disciplined in accordance with the City of Madera Personnel Rules and Regulations, and/or applicable Memorandum of Understanding up to and including termination of the employee.

EMERGENCY ORDERS
In the case of an emergency regarding a non-public project, the Purchasing Agent may determine to proceed with the immediate purchase of goods, supplies, equipment, materials, or services. The term “emergency” means a sudden, unexpected occurrence that poses a clear and imminent danger requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential services. Such immediate purchase of goods, supplies, equipment, materials, or services still requires the standard terms and conditions for written purchase orders or written contracts.

In case of an emergency regarding a public project which requires formal bidding procedures, the City Council may pass a resolution by a four-fifths vote declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property. The resolution shall specify findings as required in Public Contracts Code Section 22050.

If the dollar amount is within the City Manager’s authority (less than $60,000 $75,000); the responsible department shall promptly file with the City Manager a signed declaration showing that emergency conditions existed and created the necessity for such action, together with an itemized account of all expenditures.

If the dollar amount is above the City Manager’s authority ($60,000 $75,000 or more); the responsible department shall at the next regular meeting of the Council seek ratification of the purchase by resolution which includes the emergency conditions which existed and the immediate need to take action together with an itemized account of all expenditures.

CAPITAL ACQUISITIONS/FIXEDASSETS
Capital expenditures which departments deem necessary and/or exceed five thousand ($5,000) should be capitalized and added to the fixed assets list for internal control. All expenditures for capital assets shall be capitalized to more accurately reflect the financial position of the City on an accrual basis. Therefore, all purchases of such items must be included in the capital outlay portion of departmental budgets.

Purchase Orders received by the Purchasing Division for capital outlay items that reference other than capital account numbers will be referred back to the ordering department for authorization of fund transfer.

ENVIRONMENTALLY PREFERRED PURCHASING
It is the policy of the City to support the purchase of recycled and environmentally preferred products in order to minimize environmental impacts relating to our work and to implement directives regarding waste prevention, reuse, recycling collection, procurement, employee education and outreach and coordination of such programs.

CREDIT CARD PURCHASES
The City uses a variety of methods for the purchase of goods and services and recognizes that in certain circumstances the issuance of a City credit card will allow for efficient, cost effective and secure purchasing within the guidelines of the program.

For specific details on processes, acceptable use, necessary forms and all other details of the program see the City’s Procurement Card Policy.

LOCAL VENDOR PREFERENCE
It is the City's policy to encourage the purchase of supplies, services and equipment from vendors located within the boundaries of the City. Local vendors are sellers, vendors, suppliers and contractors who maintain places of business located within the limits of the City and who have a current City of Madera business license. We will encourage this by developing local vendor outreach and education programs.

We will seek to involve local vendors to the maximum extent possible, complying with appropriate codes, laws and prudent purchasing practices. The local vendor preference shall not apply to those contracts where State or Federal law, or other laws or regulations precludes such a preference.

Bid documents on public projects will include verbiage mandating that bidders will be required to circulate the opportunity to subcontract for components of the project to local businesses and demonstrate that they have made a reasonable effort to inform local businesses of the opportunity.

COOPERATIVE PURCHASING
The City, through the Purchasing Agent, may purchase supplies, equipment, or services through a joint powers or other cooperative purchasing program with any local, county, state, or federal public entity or entities, or any association of public agencies, including the California League of Cities, the California State Association of Counties, and the National Conference of Mayors, provided that:
1) The selected bidder was selected in compliance with the competitive bidding or proposal process requirements of any participating entity or association; and 2) The Purchasing Agent determines that the competitive bidding or proposal process utilized is similar to that contained in this Chapter; and
3) The Purchasing Agent determines that, as a result of cooperative purchasing, the price of the supplies, equipment, or services is likely to be lower than it would be if purchased directly by the City pursuant to this Chapter.

Purchases less than $60,000 $75,000 require approval of the Procurement Services Manager, City Attorney, and City Manager. Purchases $60,000 $75,000 or more require City Council approval. “PIGGYBACK” PURCHASING
The Procurement Services Manager Purchasing Agent is authorized to join with other public and private entities for the purpose of collectively preparing specifications; requesting and receiving bids, quotations, or proposals; and making award to the lowest responsive responsible bidder, provided that the source selection method used is substantially in compliance with the City’s laws, policies, and procedures.

The City may use State of California Cooperative Purchasing Contracts if the item on the state contract meets the City's needs and if it is unlikely that a separate City bid would result in more favorable prices, terms and/or conditions. Contracted buying groups are considered to take the place of competition if, in the opinion of the Procurement Services Manager Purchasing Agent, it is in the best interest of the City.

Notwithstanding all other provisions of this article, in the purchase of necessary goods and/or services the City may, in lieu of other City competitive bidding procedures, accept a competitive bid which has been secured by or on behalf of any federal, state, county or municipal government or from any other governmental entity, state funded institution and not-for- profit organization, subject to a determination by the Procurement Services Manager Purchasing Agent that the contract was entered into pursuant to a competitive process in compliance with City laws, policies, and procedures.

Purchasing is authorized to “piggyback” contracts for products and equipment entered into by other governmental agencies through a competitive bid providing the contract contains an assignability clause that provides for the assignment of all, or a portion of the specified deliverables as originally advertised, competed, evaluated, and awarded. Purchasing will obtain documentation to verify the contract and bid process. All products or equipment purchased under this provision must substantially meet the technical specifications of the bid. Major deviations from the product specification will not be allowed. However, minor modifications which result in a price differential of 5 percent or less are authorized.

Purchases less than $60,000 $75,000 require approval of the Procurement Services Manager Purchasing Agent, City Attorney, and City Manager. Purchases $60,000 $75,000 or more require City Council approval.

Minutes of a Regular Meeting of the Madera City Council February 5, 2025 Council Chambers
6:00 p.m. City Hall
The Madera City Council meetings are open to the public. The meeting was available for public viewing and participation through Zoom. Members of the public were able to observe the live-streamed meeting on the City’s website and were able to comment on agenda items at the meeting, remotely through an electronic meeting via phone, via email and by regular mail.

CALL TO ORDER: Meeting was called to order at 6:00 p.m.

ROLL CALL: Mayor Cece Gallegos
Mayor Pro Tem Jose Rodriguez, District 2
Councilmember Rohi Zacharia, District 1
Councilmember Steve Montes, District 3 (Arrived at 6:06 p.m.) Councilmember Anita Evans, District 4 (Arrived at 6:03 p.m.) Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Shannon L. Chaffin, Chief Building Official Rafael Magallan, City Engineer Keith Helmuth, Community Development Director Will Tackett, Director of Financial Services Michael Lima, Division Fire Chief Justin Macomb, Grants Administrator Marcela Zuniga, Director of Human Resources Wendy Silva, Director of Information Technology Gary Price, Director of Parks and Community Services Joseph Hebert, Chief of Police Giachino Chiaramonte, Senior Civil Engineer Steve Bettencourt, Deputy City Clerk Zelda Leon and Communication Specialist Joseph Carrello.

INVOCATION: Rev. Joseph Alicea, Awaken Church of God
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Rodriguez
APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER MEJIA AND SECONDED BY MAYOR PRO TEM RODRIGUEZ, THE AGENDA MOVING ITEM C-1 BEFORE ITEM 1. OATH OF OFFICE WAS APPROVED BY A 6/0 VOTE. ABSENT: DISTRICT 1 VACANT.

COUNCIL REORGANIZATION:

1. Oath of Office Ceremony for Rohi Zacharia, District 1 City Council Seat Recommendation: Staff recommends that the City Council receive this report regarding the administration of the Oath of Office to Rohi Zacharia to fill the District 1 City Council seat (Report by Alicia Gonzales)
At 6:15 p.m., Mayor Gallegos called for a 15-minute recess to celebrate the new Councilmember. The meeting resumed at 6:41 p.m.

PRESENTATIONS: None
Item: B-1
Minutes for: 02/05/2025
Adopted: 02/19/2025
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Madera, CA 93637 Page 2 of 13
PUBLIC COMMENT:

The first 15 minutes of the meeting are reserved for members of the public to address the Council on items which are within the subject matter jurisdiction of the Council. The Council is prohibited by law from taking any action on matters discussed that are not on the agenda, and no adverse conclusions should be drawn if the Council does not respond to public comment at this time.

Dennis Hart of the Madera County Historical Society announced that the museum has been nominated as Best Museum in Central California. They do not know who nominated them, but they are grateful. Voting is only available online and he asked that people vote daily from February 17th at noon through March 7th 5:00 p.m. He asked the City to help them in any way with publicity.

Monica Bravo, CEO of Latinos Madera Club thanked Police Chief Chiaramonte, Police Lieutenant Felix Gonzalez and Detective Dina Santos for their presence during two of their events. Members of the public felt safe, and Ms. Bravo encouraged the public to reach out to the Police Department to report crimes or community issues.

A member of the public noted that using the Wordly translation application was a little difficult. She asked that Council consider reading the comments that are emailed or mailed to them as the City Clerk used to read them before and it would be respectful to the community and nice to hear them. She stated it is also difficult to use Zoom.

Domi Frideger with a floating solar company called Lake TriCity mentioned that they would like to partner with the City and having floating solar panels at the Wastewater Treatment Plant. He stated he has been working with City Manager Arnoldo Rodriguez about this project. He gave some of his business cards to City Clerk Alicia Gonzales in case Council wanted to contact him.

Minerva Mendoza, a resident of District 2, on behalf of the American Friends Service Committee stated they are hosting a community forum at the library on February 11th at 6:00 p.m. where Councilmembers will discuss current topics with the community.

City Clerk Alicia Gonzales stated that some comments were received by email, distributed to Council prior to the meeting and that copies were available at the podium for anyone who would like a copy.

No further Public Comment was presented. Public Comment was closed.

Mayor Gallegos called Item C-1 for discussion.

A. PUBLIC HEARINGS:

A-1 Public Hearing to Amend the Community Development Block Grant (CDBG) 2019-2024 Consolidated Plan
Recommendation: Adopt a Minute Order initiating the amendment process which proposes to approve the amendment of the 2019-2024 Consolidated Plan to include HOME Investment Partnerships Program (HOME) funds in the amount of $372,064.92 and the City’s portion in the amount of $127,935.08 for a total of $500,000 (Report by Michael Lima)

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM A-1 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

B. CONSENT CALENDAR:

Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote.

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Madera, CA 93637 Page 3 of 13
Mayor Gallegos has requested that the alternate for MCTC be switched from Councilmember Mejia to Councilmember Evans in Item B-15.

Mayor Pro Tem Rodriguez asked that Item B-15 be pulled for discussion.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER MEJIA, THE CONSENT CALENDAR AND PULLING ITEM B-15 FOR DISCUSSION WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

B-1 Minutes – January 15, 2025
Recommendation: Approve the City Council Minutes of January 15, 2025 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for January 4, 2025 to January 24, 2025 (Report by Michael Lima)
B-3 Appointment to the Americans with Disabilities Act (ADA) Advisory Council Recommendation: Adopt a Resolution Approving the Appointment of Jack Porter to the ADA Advisory Council (Report by Wendy Silva)
RES 25-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING THE APPOINTMENT OF JACK PORTER TO THE CITY OF

MADERA AMERICANS WITH DISABILITIES ACT ADVISORY COUNCIL B-4 Appointment to the Civil Service Commission
Recommendation: Adopt a Resolution Approving the Appointment of Dennis Smith the Civil Service Commission (Report by Wendy Silva)
RES 25-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPOINTING DENNIS SMITH TO THE CITY OF MADERA CIVIL SERVICE

COMMISSION
B-5 Appointment to the Planning Commission
Recommendation: Adopt a Resolution Approving the Appointment of Timothy Riche to the Planning Commission (Report by Will Tackett)
RES 25-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPOINTING TIMOTHY RICHE TO THE CITY OF MADERA PLANNING

COMMISSION
B-6 Appointment to the Community Development Block Grant Commission Recommendation: Adopt a Resolution Approving the Appointment of Candy Talley to the Block Grant Commission (Report by Michael Lima)
RES 25-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPOINTING CANDY TALLEY TO THE CITY OF MADERA BLOCK GRANT

COMMISSION
B-7 Appointment to Airport Advisory Commission
Recommendation: Adopt a Resolution Approving the Appointment of Jerry Holiday to the Airport Advisory Commission (Report by Arnoldo Rodriguez) City of Madera City Council Minutes
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Madera, CA 93637 Page 4 of 13
RES 25-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPOINTING JERRY HOLIDAY TO THE CITY OF MADERA AIRPORT

ADVISORY COMMISSION
B-8 Amendments to the City of Madera Classification Plan Recommendation: Adopt a Resolution Amending the City of Madera Classification Plan to retitle the Neighborhood Preservation class series to Code Enforcement and approve a revised salary schedule reflecting the job title changes (Report by Wendy Silva)
RES 25-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

AMENDING THE CITY OF MADERA CLASSIFICATION PLAN AND ADOPTING

THE CITY OF MADERA FULL TIME SALARY SCHEDULE EFFECTIVE
FEBRUARY 5, 2025
B-9 Proclamation Recognizing National Pesticide Safety Education Month Recommendation: Adopt a Minute Order approving a Proclamation Recognizing National Pesticide Safety Education Month (Report by Alicia Gonzales) B-10 Amendment No. 2 to the Landscape Maintenance Services for the Downtown District, Certain City Facilities, and Median Islands Agreement with Elite Maintenance & Tree Service, Inc. (EMTS)
Recommendation: Adopt a Resolution Approving Amendment No. 2 to the Landscape Maintenance Services for the Downtown District, Certain City Facilities, and Median Islands Agreement with EMTS extending their service agreement for 90 days (Report by Joseph Hebert)
RES 25-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA APPROVING AMENDMENT NO. 2 TO THE AGREEMENT

BETWEEN THE CITY OF MADERA AND ELITE MAINTENANCE & TREE SERVICE, INC. FOR LANDSCAPE MAINTENANCE SERVICES FOR THE

DOWNTOWN DISTRICT, CERTAIN CITY FACILITIES, AND MEDIAN ISLANDS B-11 Second Reading and Adoption of Ordinance Text Amendment (OTA) 2024-01, a proposed amendment to Section 6-5.40 (Operating requirements for store front/retail facilities) of Chapter 5 (Cannabis Businesses) of Title VI of the City Municipal Code (CMC) to allow for curbside delivery at licensed cannabis business store front/retail facilities Recommendation: Staff recommends the City Council conduct a public hearing and take action as follows:

Waive Full Reading and Adopt an Ordinance of the City Council of the City of Madera determining the project is exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines and amending City Municipal Code (CMC) Section 6-5.40 to allow for curbside delivery for cannabis business store front/retail operations by title only (Report by Will Tackett)
ORD 1012 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA

DETERMINING THE PROJECT IS EXEMPT PURSUANT TO SECTION
15061(b)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES AND AMENDING CITY MUNICIPAL CODE (CMC) SECTION 6- City of Madera City Council Minutes
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Madera, CA 93637 Page 5 of 13

5.40 TO ALLOW FOR CURBSIDE DELIVERY FOR CANNABIS BUSINESS

STORE FRONT/RETAIL OPERATIONS
B-12 Second Reading and Adoption of an Ordinance to Prezone (REZ 2024-02) ±19.90 acres of land, comprised of 11 parcels, bounded by Adell and Fairview Streets on the south and west and the Madera Irrigation District Canal (Lat. 24.2) on the north and east, in the County of Madera (APN[s]: 038-060-017, 028, 032 & 033 and 038-110-016, 017, 018, 019, 020, 021 & 022) to facilitate annexation to the City of Madera
Recommendation: The City of Madera Planning Commission and staff recommend the City Council hold a public hearing, make the necessary findings, and take action as follows:

Waive Full Reading and Adopt an Ordinance of the City Council of the City of Madera approving REZ 2024-02 and amending the official City of Madera Zoning Map to prezone ±6.93 acres of land to the PD-3000 (Planned Development, one unit for each 3,000 square feet of site area) zone district and ±12.97 acres of land to the R-1 (Residential, one unit for each 6,000 square feet of site area) zone district to facilitate annexation to the City of Madera (ANX 2024-01) by title only (Report by Will Tackett) ORD 1013 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING REZ 2024-02 AND AMENDING THE OFFICIAL CITY OF MADERA ZONING MAP TO PREZONE ±6.93 ACRES OF LAND TO THE PD3000 (PLANNED DEVELOPMENT, ONE UNIT FOR EACH 3,000 SQUARE FEET OF SITE AREA) ZONE DISTRICT AND ±12.97 ACRES OF LAND TO THE R-1 (RESIDENTIAL, ONE UNIT FOR EACH 6,000 SQUARE FEET OF SITE

AREA) ZONE DISTRICT TO FACILITATE ANNEXATION TO THE CITY OF MADERA (ANX 2024-01)
B-13 Second Reading and Adoption of Ordinance Text Amendment (OTA) 2024-02, for the amendment of Chapter 3 of Title X: Planning and Zoning of the City Municipal Code Recommendation: The Planning Commission and staff recommend the City Council conduct a public hearing and take action as follows:

Waive Full Reading and Adopt an Ordinance of the City Council of the City of Madera determining the project is exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines and amending Chapter 3 of Title X: Planning and Zoning of the City Municipal Code regarding housing-related definitions, procedures, and regulated uses in zone districts that allow housing by title only (Report by Will Tackett)
ORD 1014 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA

DETERMINING THE PROJECT IS EXEMPT PURSUANT TO SECTION
15061(b)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES AND AMENDING CHAPTER 3 OF TITLE X: PLANNING AND

ZONING OF THE CITY MUNICIPAL CODE REGARDING HOUSING-RELATED

DEFINITIONS, PROCEDURES, AND REGULATED USES IN ZONE DISTRICTS

THAT ALLOW HOUSING
City of Madera City Council Minutes
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Madera, CA 93637 Page 6 of 13
B-14 Agreement with the Madera County Animal Shelter
Recommendation: Adopt a Resolution Authorizing and Approving an Amendment to the Fiscal Year 2024/2025 Budget appropriating $150,000 from the General Fund balance to address a missed payment obligation under the agreement with Madera County for animal control services (Report by Giachino Chiaramonte)
RES 25-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

AUTHORIZING AND APPROVING AN AMENDMENT TO THE FISCAL YEAR 2024/2025 BUDGET APPROPRIATING $150,000 FROM THE GENERAL

FUND BALANCE TO ADDRESS A MISSED PAYMENT OBLIGATION UNDER

THE AGREEMENT WITH MADERA COUNTY FOR ANIMAL CONTROL

SERVICES
B-15 Councilmember Appointments made by the Mayor to Collaborative Agencies Recommendation: Approve a Minute Order Approving the Mayor’s Appointments to Collaborative Boards, Commissions, and Committees (Report by Alicia Gonzales)
Mayor Pro Tem Rodriguez mentioned that in the past this item has been in the Administrative Reports section, so that it could be discussed with all of Council and he would like that to continue.

Mayor Pro Tem Rodriguez stated he noticed that he has been removed from one of the appointments and he asked that he be allowed to continue serving as the primary on the MCTC.

Mayor Gallegos stated that these are Mayor appointments where the Mayor appoints Councilmembers to different agency boards. She looked at Councilmember schedules, etc. and then made appointments that she felt would best represent the City. Councilmembers will be able to learn, experience, lead and do what is best for the City. She herself has in the past been on a board and then removed for another Councilmember to gain experience. Every Councilmember she appointed has accepted the appointments and they are going to move forward and do the best they can do to represent the City.

Mayor Pro Tem Rodriguez reiterated that he would like to remain on the MCTC.

Councilmember Montes stated that these are the Mayor’s appointments and that for the health of the Council there needs to be a succession plan and a movement of ideas. He stated that there is nothing that would impede Mayor Pro Tem Rodriguez from advocating for the community even if a colleague is appointed to the MCTC instead.

Councilmember Zacharia stated that he appreciates the appointment, but he would be more comfortable in a position where somebody who has that knowledge is able to sit at the table and make those final decisions but allow him to sit with them and learn that knowledge.

Councilwoman Evans indicated that she would be willing to step back, so that Councilmember Zacharia can learn from Mayor Pro Tem Rodriguez.

Mayor Gallegos stated that even though she was voted as the new MCTC Chairperson, she will step down from MCTC and allow Mayor Pro Tem Rodriguez to continue on MCTC along with Councilmember Zacharia.

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Madera, CA 93637 Page 7 of 13
Councilmember Mejia asked and Mayor Gallegos clarified that the alternate is Councilmember Evans. Councilmember Mejia acknowledged the time that Mayor Gallegos spent talking with each of the Councilmembers about these appointments.

Councilmember Mejia stated that she has been part of a childcare campaign for over five (5) years and asked if there would be a conflict to be appointed as an alternate to the Madera County Local Childcare and Development Planning Council. City Attorney Shannon L. Chaffin stated that based on what he has seen so far, she should be ok.

City Attorney Shannon L. Chaffin stated that for the benefit of the public there is a sentence in the staff report that states that per the City Attorney it’s necessary for the City Council to approve the Mayor’s appointments. He stated that a more accurate sentence would be, “any appointments by the Mayor must be approved by the Council in its discretion in order for the appointment to be effective unless otherwise required by law or agreement”.

Cynthia Wilson, a resident of Madera, is in agreement with Mayor Pro Tem Rodriguez staying in the MCTC seat and having someone there with experience.

A member of the public, who stated he is a Civil Engineer/Transportation Engineer with 26 years in the transportation field was surprised to hear that Mayor Pro Tem Rodriguez was being removed from the MCTC. He has worked with Mayor Pro Tem Rodriguez in the MCTC and believes that Mayor Pro Tem Rodriguez’s experience is an asset.

Ms. Torres stated there was a time when the Council decided the appointments as a whole and she would like to see that happen again.

Mayor Gallegos addressed the audience and clarified that all Councilmembers have the opportunity to appoint residents to [City agency] commissions but these are appointments where the Mayor appoints Councilmembers to boards throughout the community [outside agencies] and it has always been that way.

No further Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY MAYOR PRO TEM RODRIGUEZ, ITEM B-15 (WITH THE CHANGES BELOW) WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

Mayor Pro Tem Rodriguez and Councilmember Zacharia will serve on the MCTC with Councilmember Evans as the alternate.

Councilmember Mejia will serve as the alternate for the Madera County Local Childcare and Development Planning Council.

B-16 Acceptance of 2023 Water Meter Installation Project, City Project W-31 Recommendation: Adopt a Minute Order Approving:

1. Acceptance of the 2023 Water Meter Installation Project, City Project W-31

2. The Recording of the Notice of Completion

3. The release of retention 35 days after the recording of the Notice of Completion (Report by Keith Helmuth)
B-17 Construction Agreement for Repair and Replacement of Arson-Damaged Equipment at Thaddeus Sran Playground at Centennial Park
Recommendation: Adopt a Resolution approving the Construction Agreement with Dave Bang Associates, Inc of California, (Dave Bang) for the procurement of City of Madera City Council Minutes
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Madera, CA 93637 Page 8 of 13
replacement of parts, demolition, and installation of playground equipment in the amount of $202,600.25, and rescinding Resolution No. 24-175 approved on October 30, 2024 (Report by Joseph Hebert) RES 25-23 RESOLUTION APPROVING THE CONSTRUCTION AGREEMENT WITH DAVE

BANG ASSOCIATES, INC OF CALIFORNIA, FOR THE PROCUREMENT OF

REPLACEMENT PARTS, DEMOLITION, AND INSTALLATION OF EQUIPMENT

DAMAGED BY ARSON AT THE THADDEUS SRAN PLAYGROUND FOR
$202,600.25 AND RESCINDING RESOLUTION NO. 24-175 APPROVED ON OCTOBER 30, 2024
B-18 Piggyback Purchase Agreement Change Order for Fleet Division-related Purchases and Accompanying Budget Amendment
Recommendation: Adopt a Resolution Approving the State of California piggyback agreement change order in the amount of $4,535.66 with Downtown Ford of Sacramento for the purchase of three utility trucks and an accompanying budget amendment increasing appropriations in the Fleet Acquisition Fund (Report by Michael Lima)
RES 25-24 RESOLUTION APPROVING THE STATE OF CALIFORNIA PIGGYBACK

AGREEMENT CHANGE ORDER FOR THE PURCHASE OF THREE UTILITY TRUCKS
B-19 Black Saints United Fee Waiver Request for the Black History Month Celebration Event Recommendation: Adopt a Resolution Waiving the Rental Fees of the Pan American Community Center on February 16, 2025, related to a Black History Month Celebration hosted by the Black Saints United, at an anticipated fee rental of $935 (Report by Joseph Hebert)
RES 25-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA WAIVING THE RENTAL FEES OF THE PAN AMERICAN
COMMUNITY CENTER ON FEBRUARY 16, 2025, RELATED TO A BLACK

HISTORY MONTH CELEBRATION HOSTED BY THE BLACK SAINTS UNITED, AT AN ANTICIPATED FEE RENTAL OF $935
B-20 Appointment to the Transit Advisory Board
Recommendation: Adopt a Resolution Approving the Appointment of Andrew Albonico to the Transit Advisory Board (Report by Michael Lima)
RES 25-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING THE APPOINTMENT OF ANDREW ALBONICO TO THE CITY OF

MADERA TRANSIT ADVISORY BOARD
B-21 Appointment to the Community Development Block Grant Commission Recommendation: Adopt a Resolution appointing Cesar Villegas to the Block Grant Commission (BGC) (Report by Michael Lima)
RES 25-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING THE APPOINTMENT OF CESAR VILLEGAS TO THE CITY OF

MADERA BLOCK GRANT COMMISSION
City of Madera City Council Minutes
205 W. 4th Street February 5, 2025
Madera, CA 93637 Page 9 of 13
C. WORKSHOP:

C-1 Ensuring the City of Madera as a Refuge and Welcoming City for All Recommendation: This report is submitted for informational purposes. Staff will receive comments and direction as may be offered from the City Council (Council) (Report by Arnoldo Rodriguez)
This item was heard earlier in the meeting immediately following public comment.

Santos Garcia spoke on this topic. He stated that ICE has the right to do their job, but the community has to know that they can report crimes to the police without fear. He would like a resolution which shows the commitment to the community.

A member of the public thanked Police Chief Chiaramonte for taking the stand that they are here to protect the community and that resources are not there to collaborate with any federal agency. She mentioned that other funding sources be considered which would not impact the residents negatively. She asked that the City continue to take the position that the police are here to protect and serve the community regardless of citizenship status and will not collaborate with ICE.

Evelyn Gasum, a resident of Madera, suggested that information also be posted in public spaces such as the swap meet or broadcast somehow. She stated that many people are scared, and everyone needs to recognize that these are the people that are working in the fields in extreme heat or cold to feed us.

Socorro Santillan, a constituent of District 1, is an immigrant of this country. She hopes the Council will stand with those that need their leadership and make the right decision to protect the community.

A member of the public stated he is a citizen of the United States but also an immigrant and most of his siblings are immigrants also. He wants Council to pass a resolution that lets the community know that immigrants are valuable and that they are needed for the City, State and the country. The resolution should also indicate that the City is not giving information to ICE.

This will alleviate the community’s fear.

Sulema Yanez, a member of the public, stated that if the Council chooses to save their grants and their pockets instead of their community then there is a risk that about 80% of the population in Madera might get deported and the City will not need all those grants, they are trying to save.

Baldwin Moy stated that a resolution should indicated the City is a Sanctuary City not just a Welcoming City as being a welcoming city is just lip service. This needs to be dealt with in a forthright manner.

Public Comment was closed.

City Manager Arnoldo Rodriguez asked, and City Attorney Shannon L. Chaffin responded that even if the City of Madera declared itself a Sanctuary City, ICE could still come into every single inch of the City whether or not the City declared itself as off limits. In the 1860s, the Civil War established that the federal government had priority and precedent in law over State’s rights and therefore local rights because the City falls under the umbrella of the State. From a purely legal perspective, there is no legal basis for the City to be able to keep ICE outside the community as it is within the United States’ federal enforcement area.

City of Madera City Council Minutes
205 W. 4th Street February 5, 2025
Madera, CA 93637 Page 10 of 13
City Manager Arnoldo Rodriguez stated that per his understanding, the City Council would like to pass a resolution in support of their community and all community members but not mention Sanctuary City.

City Attorney Shannon L. Chaffin stated that per his understanding, the general direction of the City Council is to return with a resolution supporting the community and unity within the community without saying Sanctuary City and maybe mentioning DACA.

Mayor Gallegos advised that there are seven (7) nods of agreement by Council.

D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Sidewalk Improvements at Various Locations City Project No. R-94 Bid Package 3 Phase 2 AHSC Agreement No. 19-AHSC-12761
Recommendation: Adopt a Resolution Approving the Contract Award for Sidewalk Improvements at Various Locations City Project No. R-94 Bid Package 3 Phase 2 Affordable Housing and Sustainable Communities Program (AHSC), Agreement No. 19-AHSC-12761 in the amount of $2,056,522.00 to Witbro Inc dba Seal Rite Paving & Grading (Report by Keith Helmuth) No Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM D-1 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

RES 25-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING THE CONTRACT AWARD FOR SIDEWALK
IMPROVEMENTS AT VARIOUS LOCATIONS CITY PROJECT NO. R-94 BID PACKAGE 3 PHASE 2 AHSC AGREEMENT NO. 19-AHSC-12761 IN THE AMOUNT OF $2,056,522.00 AND AUTHORIZING CONSTRUCTION

CONTINGENCIES RELATING TO THE CONTRACT
D-2 Clinton Street Sewer and Water Main Project, City Project R-97 Recommendation: 1. Adopt a Resolution Approving the Contract Award for the Clinton Street Sewer and Water Main Project, City Project R-97, CDBG Block Grant B23MC060053 in the amount of $767,246.75 to United Pavement Maintenance Inc.; and

2. Adopt a Resolution Approving a Budget Amendment to the Fiscal Year 2024/25 Capital Projects Budget to appropriate additional CDBG funds to the Project (Report by Keith Helmuth)
No Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER VILLEGAS AND SECONDED BY COUNCILMEMBER MEJIA, ITEM D-2 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

RES 25-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING THE CONTRACT AWARD FOR THE CLINTON STREET SEWER AND WATER MAIN PROJECT, CITY PROJECT R-97 IN THE AMOUNT OF $767,246.75 TO UNITED PAVEMENT MAINTENANCE INC,

AND AUTHORIZING CONSTRUCTION CONTINGENCIES RELATING TO THE

CONTRACT
City of Madera City Council Minutes
205 W. 4th Street February 5, 2025
Madera, CA 93637 Page 11 of 13
RES 25-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA AUTHORIZING AND APPROVING AN AMENDMENT TO THE CITY OF MADERA FISCAL YEAR 2024/2025 BUDGET TO APPROPRIATE

ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS

TO THE CLINTON STREET SEWER AND WATER MAIN PROJECT, CITY PROJECT R-97
D-3 Construction Agreement for Frank Bergon Senior Center Fencing Recommendation: 1. Adopt a Resolution Approving a Construction Agreement with Juarez Brothers General Engineering Inc, for Project “IFB 202324-31 Frank Bergon Senior Center Fencing, CBDGB22MC060053” for $137,622.76; and

2. Adopt a Resolution Amending the City’s Fiscal Year 2024/25 Adopted Budget for $65,172 (Report by Joseph Hebert)
No Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY MAYOR PRO TEM RODRIGUEZ, ITEM D-3 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

RES 25-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING A CONSTRUCTION AGREEMENT WITH JUAREZ

BROTHERS GENERAL ENGINEERING INC OF CALIFORNIA, FOR THE CONSTRUCTION OF PROJECT “IFB 202324-31 FRANK BERGON SENIOR CENTER FENCING, CBDG B22MC060053” FOR THE AMOUNT OF
$137,632.76
RES 25-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA AMENDING THE CITY’S FISCAL YEAR 2024/25 ADOPTED BUDGET FOR $65,172
E. ADMINISTRATIVE REPORTS:

E-1 Madera County Economic Development Commission (EDC) 2025/26 Basic Service Level Budget
Recommendation: Adopt a Minute Order Approving the City’s contribution towards the Madera County Economic Development Commission (EDC) for Fiscal Year (FY) 2025/26 in the amount of $194,614.51 (Report by Kristina Gallagher, EDC Executive Director)

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM E-1 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

E-2 Parks & Community Services Department Fiscal Year 2024/25 Quarter 2 Recap Recommendation: This report is submitted to provide the City Council with an informational report on the status of the Parks & Community Services (PCS) Department Fiscal Year 2024/25 Quarter 2 Recap (Report by Joseph Hebert) E-3 Select Recipient for the Proclamation in the Month of February Recommendation: Request for Council’s Selection of a Recipient for the Proclamation Recognizing Black History Month (Report by Alicia Gonzales) City of Madera City Council Minutes
205 W. 4th Street February 5, 2025
Madera, CA 93637 Page 12 of 13
Council selected the NAACP as the recipient by consensus.

E-4 Informational Report on Solar Project Credit Payment of $1,966,669.83 Recommendation: This report is informational only (Report by Michael Lima) F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

Councilmember Evans invited everyone to the February 16th Black History Celebration where they will be honoring Battalion 6888 which is an Army Corps of black woman. She participated in a fire relief donation for the families impacted by the Los Angeles fires. Meathead Movers volunteered to take the items to Los Angeles.

Councilmember Zacharia stated that last Saturday, he attended a St. Joachim’s Church Prayer Breakfast.

Councilmember Montes welcomed Councilmember Zacharia.

Councilmember Mejia welcomed Councilmember Zacharia. She attended the January 29th Madera Coalition for Justice “Know Your Rights” meeting which provide lots of helpful information to the community. She is looking forward to the February 11th Pan Valley Institute’s meeting which will focus on elected and constituents having conversations. Councilmember Mejia attended the ribbon cutting for the new playground and thanked the Parks and Recreation Department for that project.

Mayor Pro Tem Rodriguez congratulated newly appointed Councilmember Zacharia and also thanked him for having served on the Planning Commission which he had to leave to become a Councilmember. He thanked the Mayor and Council for allowing him to continue serving on the MCTC. He thanked City Engineer Keith Helmuth and Director of Community Development Will Tackett for making themselves available to a customer who is bringing a project to the City.

Mayor Pro Tem Rodriguez mentioned attending the League of CA Cities conference and thanked City Manager Arnoldo Rodriguez for facilitating their outings while as the conference and he also thanked City Clerk Alicia Gonzales for sorting out his travel issues.

Councilmember Villegas welcomed Councilmember Zacharia. He thanked the Parks and Recreation Department on McNally Park. The park used to be disorderly but is now quiet, clean and better looking.

Mayor Gallegos gave a shout out to Fire Department personnel and Division Fire Chief Justin Macomb for their efforts in Los Angeles and making it back safely. She gave a shout out to newly sworn in Stephanie Nathan, CEO. Ms. Nathan is the United Way representative for Madera and Fresno. Mayor Gallegos stated she and City Manager Arnoldo Rodriguez attended the swearing in of Congressman Gray. They spoke to him 1-on-1 and she will be meeting with him about projects that need to move forward. She invited everyone to join them tomorrow in the swearing in of Police Department personnel.

City of Madera City Council Minutes
205 W. 4th Street February 5, 2025
Madera, CA 93637 Page 13 of 13
G. CLOSED SESSION:

G-1 Conference with Labor Negotiators pursuant to Government Code §54957.6 Agency Designated Representatives: Arnoldo Rodriguez and Wendy Silva Employee Organizations: Madera Affiliated City Employees’ Association, Madera Police Officers’ Association, Mid Management
Employee Group, and Law Enforcement Mid
Management Employee Group
G-2 Conference with Labor Negotiators pursuant to Government Code §54957.6 Agency Designated Representative: Arnoldo Rodriguez
Unrepresented Positions: Police Chief, Director of Parks & Community Services, City Engineer, Director of Human Resources, Director
of Information Technology, Chief Building Official,
Planning Manager, Director of Financial Services,
Public Works Operations Director, and Director of
Community Development
City Attorney Shannon Chaffin made the closed session announcement at 9:38 p.m. Mr. Chaffin and Council returned from Closed Session at 11:13 p.m. Mr. Chaffin stated there was no reportable action.

UPCOMING MEETING DATES:
 Wednesday, February 19, 2025
 Wednesday, March 5, 2025
ADJOURNMENT: Meeting was adjourned at 11:13 p.m.
_____________________________________ ___________________________________ ALICIA GONZALES, City Clerk CECELIA K. GALLEGOS, Mayor
_____________________________________

MINUTES PREPARED BY
ZELDA LEÓN, Deputy City Clerk

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: February 19, 2025
Agenda Number: B-2
Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Informational Report on Register of Audited Demands
RECOMMENDATION:

Review Register of Audited Demands Report for January 25 to February 7, 2025 SUMMARY:

The Register of Audited Demands for the City covering obligations paid during the period of January 25 to February 7, 2025, is summarized in the following tables. Attachment A contains Warrants while Table 2 is a summary of the wire transfers.

Table 1: Warrant Distribution Summary
Description Check #’s Amount
General Warrants 41526 – 41646 $2,154,040.13
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes US Bank $693,256.99
SDI EDD $2,763.42
CalPERS Payment CalPERS $199,490.05
DISCUSSION:

Warrant requests are processed weekly based on the Fiscal Year 2024/2025 Adopted Budget and released for payment every Monday. Each demand has been audited, and the Finance Director hereby certifies as to their accuracy and that there were sufficient funds for their payment. Per ' '
' ' ' '
' '
the request of City Council, we have included the departments from which each of the respective warrants were requested as well as the fund/division description from which they were paid.

FINANCIAL IMPACT:

Demands for payments are made within the constraints of the Fiscal Year 2024/2025 Adopted Budget.

ALTERNATIVES:

Informational only.

ATTACHMENTS:

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 41526 01/30/2025 PD OPERATIONS PD Operations BIANCHI, BRANDON TUITION REIMBURSEMENT 459.00 41527 01/30/2025 PD OPERATIONS MEAS K - PD HARRY D. WILSON INC. 2023 BMW #6610 REPAIR 3,979.27 41527 01/30/2025 PD OPERATIONS MEAS K - PD HARRY D. WILSON INC. 2023 BMW #6609 REPAIRS 785.03 41528 01/30/2025 RECREATION Sports Programs J & D MANUFACTURING BASKETBALL BANNER 94.73 41529 01/30/2025 INFORMATION SERVICES Computer Replacement DASHER TECHNOLOGIES INC. PALO ALTO RENEWAL 16,722.51 41530 01/30/2025 PD OPERATIONS PD Operations PACIFIC STORAGE COMPANY SHREDDING SERVICE 12/24/24 436.00 41531 01/30/2025 PD OPERATIONS PD Operations TRILOGY MEDWASTE WEST LLC REUSABLE TUB - MEDICAL WASTE 201.51 41532 01/30/2025 PD OPERATIONS PD Tire Amnesty Grant AMERICAN TIRE RECYCLING, INC 22 TRAILER RENTAL - TIRE RECYCLE 1,200.00 41532 01/30/2025 PD OPERATIONS PD Tire Amnesty Grant AMERICAN TIRE RECYCLING, INC 45 TRAILER RENTAL - TIRE RECYCLE 4,800.00 41533 01/30/2025 PURCHASING AIRPORT OPS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 01/01/25 - 01/15/25 64.81 41533 01/30/2025 PURCHASING Animal Control VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 01/01/25 - 01/15/25 435.14 41533 01/30/2025 PURCHASING Building VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 01/01/25 - 01/15/25 68.26 41533 01/30/2025 PURCHASING Code Enforcement VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 01/01/25 - 01/15/25 261.53 41533 01/30/2025 PURCHASING DRAINAGE VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 01/01/25 - 01/15/25 280.22 41533 01/30/2025 PURCHASING Engineering VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 01/01/25 - 01/15/25 268.51 41533 01/30/2025 PURCHASING Facilities Maintenance VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 01/01/25 - 01/15/25 196.43 41533 01/30/2025 PURCHASING Fleet Maintenance VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 01/01/25 - 01/15/25 90.76 41533 01/30/2025 PURCHASING Fleet Motor Pool VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 01/01/25 - 01/15/25 20.62 41533 01/30/2025 PURCHASING GRAFFITI ABATE VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 01/01/25 - 01/15/25 238.59 41533 01/30/2025 PURCHASING LMD Services VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 01/01/25 - 01/15/25 742.82 41533 01/30/2025 PURCHASING Parks VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 01/01/25 - 01/15/25 1,850.46 41533 01/30/2025 PURCHASING STREETS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 01/01/25 - 01/15/25 2,144.88 41533 01/30/2025 PURCHASING Sewer Mtnc/Operations VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 01/01/25 - 01/15/25 957.48 41533 01/30/2025 PURCHASING Street Cleaning VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 01/01/25 - 01/15/25 1,989.89 41533 01/30/2025 PURCHASING TRANS - FIXED VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 01/01/25 - 01/15/25 3,733.55 41533 01/30/2025 PURCHASING TRANS - DAR VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 01/01/25 - 01/15/25 3,526.52 41533 01/30/2025 PURCHASING Water Mtnc/Operations VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 01/01/25 - 01/15/25 885.99 41533 01/30/2025 PURCHASING Water Quality Control VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 01/01/25 - 01/15/25 35.60 41533 01/30/2025 PURCHASING PD Operations VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 01/01/25 - 01/15/25 6,941.20 41533 01/30/2025 PURCHASING PW Safe & Clean Initiative VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 01/01/25 - 01/15/25 125.01 41534 01/30/2025 PD OPERATIONS PD Operations LAW DOG K9 K9 VENDOR TRAINING FOR 12/24 900.00 41535 01/30/2025 PD OPERATIONS PD Operations CINTAS CORPORATION MEDICAL SUPPLIES 205.37 41536 01/30/2025 PW ADMIN AIRPORT OPS EAGLESHIELD PEST CONTROL PEST CONTROL SERVICES 01/25 39.00 41536 01/30/2025 PW ADMIN Central Admin EAGLESHIELD PEST CONTROL PEST CONTROL SERVICES 01/25 39.00 41536 01/30/2025 PW ADMIN Comm & Rec Centers EAGLESHIELD PEST CONTROL PEST CONTROL SERVICES 01/25 351.00 41536 01/30/2025 PW ADMIN Engineering EAGLESHIELD PEST CONTROL PEST CONTROL SERVICES 01/25 78.00 41536 01/30/2025 PW ADMIN Fire EAGLESHIELD PEST CONTROL PEST CONTROL SERVICES 01/25 117.00 41536 01/30/2025 PW ADMIN INTERMODAL BLDG EAGLESHIELD PEST CONTROL PEST CONTROL SERVICES 01/25 78.00 41536 01/30/2025 PW ADMIN Parks EAGLESHIELD PEST CONTROL PEST CONTROL SERVICES 01/25 39.00 41536 01/30/2025 PW ADMIN Sewer Mtnc/Operations EAGLESHIELD PEST CONTROL PEST CONTROL SERVICES 01/25 19.50 41536 01/30/2025 PW ADMIN Water Mtnc/Operations EAGLESHIELD PEST CONTROL PEST CONTROL SERVICES 01/25 19.50 41536 01/30/2025 PW ADMIN Water Mtnc/Operations EAGLESHIELD PEST CONTROL 01/25 PEST CONTROL SERVICES - WELL SITES 882.00 41536 01/30/2025 PW ADMIN WWTP EAGLESHIELD PEST CONTROL PEST CONTROL SERVICES 01/25 39.00 41536 01/30/2025 PW ADMIN PD Operations EAGLESHIELD PEST CONTROL PEST CONTROL SERVICES 01/25 39.00 41537 01/30/2025 INFORMATION SERVICES Central Admin GHD SERVICES INC 2025 WEBSITE SERVICES 6,330.00

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT February 19, 2025

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 41538 01/30/2025 PD OPERATIONS PD Operations B & M SUPPLIERS LLC NITRILE GLOVES 760.00 41539 01/30/2025 PD OPERATIONS SUPP LAW ENF ZONES IT SOLUTIONS SAMSUNG LED COMMERCIAL DISPLAY 6,314.19 41539 01/30/2025 PD OPERATIONS SUPP LAW ENF ZONES IT SOLUTIONS 2YR EXTENDED WARRANTY 690.80 41540 01/30/2025 ENGINEERING LTF - Streets METROPOLITAN TRANSPORTATION COMMISSION2025 STREETSAVER ANNUAL SUBSCRIPTION 3,500.00 41541 01/30/2025 WATER QUALITY CONTROL Water Quality Control DELLAVALLE LABORATORY,INC. QUARTERLY SAMPLING 324.00 41541 01/30/2025 WATER QUALITY CONTROL Water Quality Control DELLAVALLE LABORATORY,INC. WEEKLY SAMPLING 1,184.00 41541 01/30/2025 WATER QUALITY CONTROL Water Quality Control DELLAVALLE LABORATORY,INC. REPEAT SAMPLING 32.00 41542 01/30/2025 FINANCE Comm & Rec Centers AT&T 12/24 CALNET SERVICES 9391026396 266.97 41542 01/30/2025 FINANCE MEAS K - FIRE AT&T 12/24 CALNET SERVICES 9391068734 62.01 41542 01/30/2025 FINANCE Sewer Mtnc/Operations AT&T 01/25 CALNET SERVICE 9391031570 192.30 41542 01/30/2025 FINANCE Sr Citizen Community ServiceAT&T 12/24 CALNET SERVICES 9391026398 31.53 41542 01/30/2025 FINANCE Sr Citizen Community ServiceAT&T 12/24 CALNET SERVICES 9391026403 34.27 41542 01/30/2025 FINANCE PD Operations AT&T 01/25 CALNET SERVICES 9391020514 155.55 41542 01/30/2025 FINANCE PD Operations AT&T 12/24 CALNET SERVICES 9391064552 286.21 41542 01/30/2025 FINANCE PD Operations AT&T 12/24 CALNET SERVICES 9391059143 618.21 41542 01/30/2025 FINANCE PD Operations AT&T 12/24 CALNET SERVICES 9391026401 31.53 41542 01/30/2025 PD OPERATIONS PD Operations AT&T 12/24 CALNET SERVICES 9391031578 156.74 41542 01/30/2025 PD OPERATIONS PD Operations AT&T 12/24 CALNET SERVICES 9391031566 155.55 41543 01/30/2025 FINANCE Building AT&T 12/24 FIRSTNET SERVICE 287302656036X01102025 150.45 41543 01/30/2025 FINANCE City Clerk's Office AT&T 12/24 FIRSTNET SERVICE 287302656036X01102025 90.19 41543 01/30/2025 FINANCE City Council AT&T 12/24 FIRSTNET SERVICE 287302656036X01102025 281.68 41543 01/30/2025 FINANCE Code Enforcement AT&T 12/24 FIRSTNET SERVICE 287302656036X01102025 45.10 41543 01/30/2025 FINANCE Comm & Rec Centers AT&T 12/24 FIRSTNET SERVICE 287302656036X01102025 50.15 41543 01/30/2025 FINANCE COMPUTER MAINT AT&T 12/24 FIRSTNET SERVICE 287302656036X01102025 743.69 41543 01/30/2025 FINANCE Engineering AT&T 12/24 FIRSTNET SERVICE 287302656036X01102025 240.84 41543 01/30/2025 FINANCE Facilities Maintenance AT&T 12/24 FIRSTNET SERVICE 287302656036X01102025 882.15 41543 01/30/2025 FINANCE Finance AT&T 12/24 FIRSTNET SERVICE 287302656036X01102025 185.64 41543 01/30/2025 FINANCE Fleet Maintenance AT&T 12/24 FIRSTNET SERVICE 287302656036X01102025 45.10 41543 01/30/2025 FINANCE GRANT OVERSIGHT AT&T 12/24 FIRSTNET SERVICE 287302656036X01102025 95.25 41543 01/30/2025 FINANCE HR/RISK MGT AT&T 12/24 FIRSTNET SERVICE 287302656036X01102025 50.15 41543 01/30/2025 FINANCE Parks AT&T 12/24 FIRSTNET SERVICE 287302656036X01102025 290.84 41543 01/30/2025 FINANCE Parks Administration AT&T 12/24 FIRSTNET SERVICE 287302656036X01102025 50.15 41543 01/30/2025 FINANCE Planning AT&T 12/24 FIRSTNET SERVICE 287302656036X01102025 90.20 41543 01/30/2025 FINANCE STREETS AT&T 12/24 FIRSTNET SERVICE 287302656036X01102025 50.15 41543 01/30/2025 FINANCE Recreation AT&T 12/24 FIRSTNET SERVICE 287302656036X01102025 90.20 41543 01/30/2025 FINANCE UB - Garbage AT&T 12/24 FIRSTNET SERVICE 287302656036X01102025 11.28 41543 01/30/2025 FINANCE UB - Sewer AT&T 12/24 FIRSTNET SERVICE 287302656036X01102025 11.28 41543 01/30/2025 FINANCE UB - Water AT&T 12/24 FIRSTNET SERVICE 287302656036X01102025 22.55 41543 01/30/2025 FINANCE WWTP AT&T 12/24 FIRSTNET SERVICE 287302656036X01102025 50.15 41543 01/30/2025 FINANCE City Manager AT&T 12/24 FIRSTNET SERVICE 287302656036X01102025 140.54 41543 01/30/2025 FINANCE PD Operations AT&T 12/24 FIRSTNET SERVICE 287302656036X01102025 7,025.41 41544 01/30/2025 GRANTS Home Program Income MEADOWS MOBILE HOME PARK 02/25 RENT - H TILLER SPACE #19 870.48 41544 01/30/2025 GRANTS Home Program Income MEADOWS MOBILE HOME PARK 02/25 RENT - L DOMINGUEZ SPACE #23 832.93 41544 01/30/2025 GRANTS Home Program Income MEADOWS MOBILE HOME PARK 02/25 RENT - R BARRAGAN SPACE #86 811.45 41545 01/30/2025 WWTP WWTP BSK ASSOCIATES PERMIT COMPLIANCE LAB 4,672.80 41546 01/30/2025 WWTP WWTP BSK ASSOCIATES PERMIT COMPLIANCE LAB 256.80 41547 01/30/2025 PD OPERATIONS PD Operations CA DEPARTMENT OF JUSTICE 12/24 BLOOD ALCOHOL ANALYSIS 910.00 41547 01/30/2025 PD OPERATIONS PD Operations CA DEPARTMENT OF JUSTICE 12/24 FINGERPRINT APPS 450.00 41547 01/30/2025 PD OPERATIONS PD Operations CA DEPARTMENT OF JUSTICE 11/24 BLOOD ALCOHOL ANALYSIS 595.00

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 41548 01/30/2025 PD OPERATIONS MEAS K - PD CALIFORNIA FORENSIC INSTITUTE 12/24 PRE-EMPLOYMENT EXAM 450.00 41549 01/30/2025 PURCHASING AIRPORT OPS CANON FINANCIAL SERVICES COPIER LEASE 02/25 75.70 41549 01/30/2025 PURCHASING Building CANON FINANCIAL SERVICES COPIER LEASE 02/25 114.92 41549 01/30/2025 PURCHASING City Clerk's Office CANON FINANCIAL SERVICES COPIER LEASE 02/25 210.62 41549 01/30/2025 PURCHASING Engineering CANON FINANCIAL SERVICES COPIER LEASE 02/25 744.29 41549 01/30/2025 PURCHASING Finance CANON FINANCIAL SERVICES COPIER LEASE 02/25 1,222.57 41549 01/30/2025 PURCHASING HR/RISK MGT CANON FINANCIAL SERVICES COPIER LEASE 02/25 305.48 41549 01/30/2025 PURCHASING Parks Administration CANON FINANCIAL SERVICES COPIER LEASE 02/25 532.36 41549 01/30/2025 PURCHASING Planning CANON FINANCIAL SERVICES COPIER LEASE 02/25 332.93 41549 01/30/2025 PURCHASING Sewer Mtnc/Operations CANON FINANCIAL SERVICES COPIER LEASE 02/25 220.62 41549 01/30/2025 PURCHASING SOLID WASTE CANON FINANCIAL SERVICES COPIER LEASE 02/25 220.62 41549 01/30/2025 PURCHASING TRANS - FIXED CANON FINANCIAL SERVICES COPIER LEASE 02/25 210.62 41549 01/30/2025 PURCHASING TRANS - DAR CANON FINANCIAL SERVICES COPIER LEASE 02/25 210.62 41549 01/30/2025 PURCHASING Water Mtnc/Operations CANON FINANCIAL SERVICES COPIER LEASE 02/25 220.62 41549 01/30/2025 PURCHASING Water Quality Control CANON FINANCIAL SERVICES COPIER LEASE 02/25 291.00 41549 01/30/2025 PURCHASING WWTP CANON FINANCIAL SERVICES COPIER LEASE 02/25 346.14 41549 01/30/2025 PURCHASING PD Operations CANON FINANCIAL SERVICES 01/25 COPIER CONTRACT 200.26 41549 01/30/2025 PURCHASING PD Operations CANON FINANCIAL SERVICES COPIER LEASE 02/25 388.55 41550 01/30/2025 FINANCE COMPUTER MAINT COMCAST 01/25 SVS 8155500320322006 92.88 41551 01/30/2025 HR/RISK MGT HR/RISK MGT OCCUPATIONAL HEALTH CENTERS OF CALIFORNIAPRE-EMPLOYMENT SERVICES 217.00 41552 01/30/2025 PD OPERATIONS Code Enforcement CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 12/24 87.50 41552 01/30/2025 PD OPERATIONS UB - Garbage CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 12/24 21.88 41552 01/30/2025 PD OPERATIONS UB - Sewer CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 12/24 21.88 41552 01/30/2025 PD OPERATIONS UB - Water CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 12/24 43.74 41553 01/30/2025 UB - WATER UB - Garbage DATAPROSE, LLC 12/24 BILLING 2,769.23 41553 01/30/2025 UB - WATER UB - Sewer DATAPROSE, LLC 12/24 BILLING 2,769.23 41553 01/30/2025 UB - WATER UB - Water DATAPROSE, LLC 12/24 BILLING 5,538.46 41554 01/30/2025 WATER MTNC/OPERATIONS Facilities Maintenance DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING - PW 63.75 41554 01/30/2025 WATER MTNC/OPERATIONS STREETS DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING - PW 63.75 41554 01/30/2025 WATER MTNC/OPERATIONS Sewer Mtnc/Operations DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING - PW 63.75 41554 01/30/2025 WATER MTNC/OPERATIONS Water Mtnc/Operations DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING - PW 63.75 41554 01/30/2025 COMM & REC CENTERS Comm & Rec Centers DIAMOND COMMUNICATIONS REMOTE ALARM FOR PAN AM CENTER 30.00 41555 01/30/2025 PD OPERATIONS PD Operations J'S COMMUNICATIONS PROCESS FCC LICENSING 295.00 41556 01/30/2025 FACILITIES Facilities Maintenance JAM SERVICES INC TRAFFIC CABINET CARDS 2,056.75 41557 01/30/2025 PD OPERATIONS General Trust Fund L.N. CURTIS & SONS SPECIALIST BALLISTIC HELMETS 5,945.17 41558 01/30/2025 FINANCE INTERMODAL BLDG CITY OF MADERA QUARTERLY PARKING ASSESSMENT 102.75 41558 01/30/2025 FINANCE Successor Agency Admin CITY OF MADERA QUARTERLY PARKING ASSESSMENT 341.07 41559 01/30/2025 UB - WATER PD Operations MADERA COUNTY TREASURER COUNTY'S PORTION PARKING PENALTIES PAID 12/24 373.50 41560 01/30/2025 CITY ADMIN Community Promo MADERA TRIBUNE WELCOME TO MADERA 2024 AD 400.00 41560 01/30/2025 COMMUNITY PROMO Community Promo MADERA TRIBUNE SPRING BUSINESS AD 300.00 41560 01/30/2025 COMMUNITY PROMO Community Promo MADERA TRIBUNE LAW ENFORCEMENT 2024 AD 200.00 41561 01/30/2025 PD OPERATIONS PD Operations MADERA UNIFORM & ACCESSORIES DUTY BELTS - PD 465.20 41561 01/30/2025 PD OPERATIONS PD Operations MADERA UNIFORM & ACCESSORIES UNIFORM ACCESSORIES - PD 7,188.74 41561 01/30/2025 PD OPERATIONS PD Operations MADERA UNIFORM & ACCESSORIES RAZOR BODY ARMOR - PD 4,654.76 41561 01/30/2025 PD OPERATIONS PD Operations MADERA UNIFORM & ACCESSORIES ACCESSORIES - PD 1,080.66 41561 01/30/2025 PD OPERATIONS PD Operations MADERA UNIFORM & ACCESSORIES VELCRO BALLCAP - PD 27.01 41562 01/30/2025 RECREATION Aquatics Programs MAMMOTH OXYGEN CO2 FOR POOL 111.60 41563 01/30/2025 STREETS STREETS MID VALLEY DISPOSAL INC. WASTE DISPOSAL SHARON BLVD 11/01/24 - 11/15/24 1,448.99 41563 01/30/2025 STREETS STREETS MID VALLEY DISPOSAL INC. WASTE DISPOSAL SHARON BLVD 12/01/24 - 12/15/24 2,038.29

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 41563 01/30/2025 STREETS STREETS MID VALLEY DISPOSAL INC. WASTE DISPOSAL COMMERCE/ALMOND 01/01/25 - 01/15/25 5,240.39 41563 01/30/2025 STREETS STREETS MID VALLEY DISPOSAL INC. WASTE DISPOSAL SHARON BLVD 01/01/25 - 01/15/25 21.73 41563 01/30/2025 STREETS STREETS MID VALLEY DISPOSAL INC. WASTE DISPOSAL SHARON BLVD 12/16/24 - 12/31/24 917.30 41563 01/30/2025 STREETS STREETS MID VALLEY DISPOSAL INC. WASTE DISPOSAL COMMERCE/ALMOND 12/16/24 - 12/31/24 2,812.77 41563 01/30/2025 WWTP WWTP MID VALLEY DISPOSAL INC. WASTE DISPOSAL WWTP 11/16/24 - 11/30/24 1,163.06 41563 01/30/2025 WWTP WWTP MID VALLEY DISPOSAL INC. WASTE DISPOSAL WWTP 11/01/24 - 11/15/24 825.89 41563 01/30/2025 WWTP WWTP MID VALLEY DISPOSAL INC. WASTE DISPOSAL WWTP 01/01/25 - 01/15/25 1,209.22 41563 01/30/2025 WWTP WWTP MID VALLEY DISPOSAL INC. WASTE DISPOSAL WWTP 12/01/24 - 12/15/24 876.93 41563 01/30/2025 WWTP WWTP MID VALLEY DISPOSAL INC. WASTE DISPOSAL WWTP 12/16/24 - 12/31/24 1,639.23 41563 01/30/2025 WATER MTNC/OPERATIONS Street Cleaning MID VALLEY DISPOSAL INC. WASTE DISPOSAL CITY YARDS 11/01/24 - 11/15/24 5,186.01 41563 01/30/2025 WATER MTNC/OPERATIONS Street Cleaning MID VALLEY DISPOSAL INC. WASTE DISPOSAL CITY YARDS 11/16/24 - 11/30/24 8,282.65 41563 01/30/2025 WATER MTNC/OPERATIONS Street Cleaning MID VALLEY DISPOSAL INC. WASTE DISPOSAL CITY YARDS 01/01/25 - 01/15/25 7,361.22 41563 01/30/2025 WATER MTNC/OPERATIONS Street Cleaning MID VALLEY DISPOSAL INC. WASTE DISPOSAL CITY YARDS 12/01/24 - 12/15/24 7,575.71 41563 01/30/2025 WATER MTNC/OPERATIONS Street Cleaning MID VALLEY DISPOSAL INC. WASTE DISPOSAL CITY YARDS 12/16/24 - 12/31/24 4,981.52 41563 01/30/2025 WATER MTNC/OPERATIONS PWSafe & Clean Initiative MID VALLEY DISPOSAL INC. WASTE DISPOSAL CITY YARDS 11/01/24 - 11/15/24 1,399.59 41563 01/30/2025 WATER MTNC/OPERATIONS PWSafe & Clean Initiative MID VALLEY DISPOSAL INC. WASTE DISPOSAL CITY YARDS 11/16/24 - 11/30/24 730.38 41563 01/30/2025 WATER MTNC/OPERATIONS PWSafe & Clean Initiative MID VALLEY DISPOSAL INC. WASTE DISPOSAL CITY YARDS 01/01/25 - 01/15/25 2,887.55 41563 01/30/2025 WATER MTNC/OPERATIONS PWSafe & Clean Initiative MID VALLEY DISPOSAL INC. WASTE DISPOSAL CITY YARDS 12/01/24 - 12/15/24 1,572.62 41563 01/30/2025 WATER MTNC/OPERATIONS PWSafe & Clean Initiative MID VALLEY DISPOSAL INC. WASTE DISPOSAL CITY YARDS 12/16/24 - 12/31/24 1,568.55 41564 01/30/2025 PLANNING General Trust Fund WILLDAN FINANCIAL SERVICES CFD 2005-1 ANNEXATION #11 3,500.00 41564 01/30/2025 PLANNING General Trust Fund WILLDAN FINANCIAL SERVICES CFD 2005-1 ANNEXATION #12 3,500.00 41565 01/30/2025 FINANCE Finance WILLDAN FINANCIAL SERVICES SOLAR LEASE 12/30/19-12/30/24 2,500.00 41566 01/30/2025 PD OPERATIONS MEAS K - PD OCCU-MED, LTD. EXAM SERVICESEXAM SERVICES 2,052.00 41567 01/30/2025 GRANTS CDBG ADMIN ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES (TRANSIT/CDBG) 66.43 41567 01/30/2025 GRANTS CDBG ADMIN ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES (CDBG) 76.06 41567 01/30/2025 GRANTS CDBG ADMIN ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES (TRANSIT/CDBG/GENERAL) 33.82 41567 01/30/2025 GRANTS GRANT OVERSIGHT ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES (TRANSIT/CDBG) 12.98 41567 01/30/2025 GRANTS GRANT OVERSIGHT ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES (TRANSIT/CDBG/GENERAL) 24.40 41567 01/30/2025 GRANTS TRANS - FIXED ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES (TRANSIT/CDBG) 66.46 41567 01/30/2025 GRANTS TRANS - FIXED ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES (TRANSIT/CDBG/GENERAL) 45.73 41567 01/30/2025 TRANSPORTATION - FIXED ROUTE CDBGADMIN ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES (TRANSIT/CDBG) 29.04 41567 01/30/2025 TRANSPORTATION - FIXED ROUTE GRANT OVERSIGHT ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES 18.15 41567 01/30/2025 TRANSPORTATION - FIXED ROUTE TRANS - FIXED ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES 24.01 41567 01/30/2025 TRANSPORTATION - FIXED ROUTE TRANS - FIXED ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES - TRANSIT 6.95 41567 01/30/2025 TRANSPORTATION - FIXED ROUTE TRANS - FIXED ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES (TRANSIT/CDBG) 35.00 41567 01/30/2025 TRANSPORTATION - FIXED ROUTE TRANS - FIXED ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES - TRANSIT 10.92 41568 01/30/2025 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 01/25 SERVICE 3819620697-3 115.82 41568 01/30/2025 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-20 103.50 41568 01/30/2025 FINANCE Central Admin PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-20 1,915.09 41568 01/30/2025 FINANCE Comm & Rec Centers PACIFIC GAS & ELECTRIC 01/25 SERVICE 8307681856-2 1,603.48 41568 01/30/2025 FINANCE Comm & Rec Centers PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 4,006.02 41568 01/30/2025 FINANCE DRAINAGE PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 1,715.12 41568 01/30/2025 FINANCE Engineering PACIFIC GAS & ELECTRIC 01/25 SERVICE 2000655655-7 2,229.57 41568 01/30/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 01/25 SERVICE 1619119913-8 175.22 41568 01/30/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 01/25 SERVICE 6690755760-8 115.87 41568 01/30/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 01/25 SERVICE 7949615676-5 29.14 41568 01/30/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 01/25 SERVICE 8178280304-3 281.95 41568 01/30/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 39,384.52 41568 01/30/2025 FINANCE Fire PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 1,096.20

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 41568 01/30/2025 FINANCE INTERMODAL BLDG PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 1,650.93 41568 01/30/2025 FINANCE Parks PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 5,104.66 41568 01/30/2025 FINANCE Sewer Mtnc/Operations PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 3,336.55 41568 01/30/2025 FINANCE SOLID WASTE PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 737.26 41568 01/30/2025 FINANCE Sr Citizen Community ServicePACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 37.31 41568 01/30/2025 FINANCE Water Mtnc/Operations PACIFIC GAS & ELECTRIC 01/25 SERVICE 9651992016-7 308.06 41568 01/30/2025 FINANCE Water Mtnc/Operations PACIFIC GAS & ELECTRIC 01/25 SERVICE 3642526071-2 109.66 41568 01/30/2025 FINANCE Water Mtnc/Operations PACIFIC GAS & ELECTRIC 01/25 SERVICE 9172110863-6 11,695.74 41568 01/30/2025 FINANCE Water Mtnc/Operations PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 113,490.61 41568 01/30/2025 FINANCE WWTP PACIFIC GAS & ELECTRIC 01/25 SERVICE 1902328695-8 26.29 41568 01/30/2025 FINANCE WWTP PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 22,560.25 41568 01/30/2025 FINANCE Zone 24 Activities PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 10.89 41568 01/30/2025 FINANCE Zone 31A Activities PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 32.82 41568 01/30/2025 FINANCE Zone 20B Activities PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 24.55 41568 01/30/2025 FINANCE Zone 27B Activities PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 11.97 41568 01/30/2025 FINANCE Zone 2 Activities PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 57.79 41568 01/30/2025 FINANCE Zone 3 Activities PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 43.39 41568 01/30/2025 FINANCE Zone 31B Activities PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 32.82 41568 01/30/2025 FINANCE Zone 4 Activities PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 10.51 41568 01/30/2025 FINANCE Zone 6A Activities PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 72.24 41568 01/30/2025 FINANCE Zone 29C Activities PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 12.31 41568 01/30/2025 FINANCE Zone 8 Activities PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 73.74 41568 01/30/2025 FINANCE Zone 16 Activities PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 25.03 41568 01/30/2025 FINANCE Zone 13 Activities PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 158.76 41568 01/30/2025 FINANCE Parking Dist Operation PACIFIC GAS & ELECTRIC 01/25 SERVICE 3533032414-2 93.88 41569 01/30/2025 UB - WATER PD Operations PHOENIX GROUP INFO SYS DECEMBER 2024 CITATIONS 283.89 41570 01/30/2025 PW ADMIN AIRPORT OPS PITNEY BOWES, INC. POSTAGE FEES 2.77 41570 01/30/2025 PW ADMIN Facilities Maintenance PITNEY BOWES, INC. POSTAGE FEES 2.77 41570 01/30/2025 PW ADMIN Fleet Maintenance PITNEY BOWES, INC. POSTAGE FEES 2.77 41570 01/30/2025 PW ADMIN STREETS PITNEY BOWES, INC. POSTAGE FEES 2.77 41570 01/30/2025 PW ADMIN Sewer Mtnc/Operations PITNEY BOWES, INC. POSTAGE FEES 2.77 41570 01/30/2025 PW ADMIN Water Mtnc/Operations PITNEY BOWES, INC. POSTAGE FEES 2.77 41570 01/30/2025 PW ADMIN Water Quality Control PITNEY BOWES, INC. POSTAGE FEES 2.93 41570 01/30/2025 PW ADMIN WWTP PITNEY BOWES, INC. POSTAGE FEES 2.78 41570 01/30/2025 PW ADMIN Purchasing PITNEY BOWES, INC. POSTAGE FEES 2.77 41571 01/30/2025 PD OPERATIONS Fleet Acquisition PROFORCE HUX FLOW 556K SUPPRESSOR FLSH CAP 8,140.40 41572 01/30/2025 WATER CAPITAL OUTLAY Sewer Capital Outlay STANTEC CONSULTING SERVICES INC. ENGINEERING SVS - WWTP IMPROVEMENT 12/24 32,500.53 41573 01/30/2025 WATER MTNC/OPERATIONS Water Mtnc/Operations STATE WATER RESOURCES CONTROL BOARD WATER TREATMENT CERTIFICATE - BOTWRIGHT T2 60.00 41574 01/30/2025 PD OPERATIONS PD Operations TRANSUNION RISK & ALTERNATIVE DATA SOL. 12/24 DATABASE ACCESS 221.40 41575 01/30/2025 PD OPERATIONS PD Operations TYLER TECHNOLOGIES INC. SERVER HOSTING 1,203.55 41576 01/30/2025 FINANCE Building VERIZON WIRELESS CITY CELL PHONE CHARGES 12/11/24 - 01/10/25 104.36 41576 01/30/2025 FINANCE City Council VERIZON WIRELESS CITY CELL PHONE CHARGES 12/11/24 - 01/10/25 38.01 41576 01/30/2025 FINANCE Facilities Maintenance VERIZON WIRELESS CITY CELL PHONE CHARGES 12/11/24 - 01/10/25 52.18 41576 01/30/2025 FINANCE Fire VERIZON WIRELESS CITY CELL PHONE CHARGES 12/11/24 - 01/10/25 152.04 41576 01/30/2025 FINANCE Fleet Maintenance VERIZON WIRELESS CITY CELL PHONE CHARGES 12/11/24 - 01/10/25 1.81 41576 01/30/2025 FINANCE HR/RISK MGT VERIZON WIRELESS CITY CELL PHONE CHARGES 12/11/24 - 01/10/25 38.01 41576 01/30/2025 FINANCE Parks VERIZON WIRELESS CITY CELL PHONE CHARGES 12/11/24 - 01/10/25 1.81 41576 01/30/2025 FINANCE Planning VERIZON WIRELESS CITY CELL PHONE CHARGES 12/11/24 - 01/10/25 52.18 41576 01/30/2025 FINANCE STREETS VERIZON WIRELESS CITY CELL PHONE CHARGES 12/11/24 - 01/10/25 14.25

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 41576 01/30/2025 FINANCE Water Mtnc/Operations VERIZON WIRELESS CITY CELL PHONE CHARGES 12/11/24 - 01/10/25 92.19 41576 01/30/2025 FINANCE Water Quality Control VERIZON WIRELESS CITY CELL PHONE CHARGES 12/11/24 - 01/10/25 38.01 41576 01/30/2025 FINANCE WWTP VERIZON WIRELESS CITY CELL PHONE CHARGES 12/11/24 - 01/10/25 38.01 41576 01/30/2025 FINANCE PD Operations VERIZON WIRELESS CITY CELL PHONE CHARGES 12/11/24 - 01/10/25 494.19 41577 01/30/2025 PD OPERATIONS PD Operations BE PREPARED CPR/FIRST AID INSTRUCTION CPR/AED TRAINING 55.00 41578 01/30/2025 WATER MTNC/OPERATIONS WATER CONSERV OTP- REBATES TURF REPLACEMENT REBATE (TR 22-57) 3,000.00 41579 01/30/2025 WATER MTNC/OPERATIONS WATER CONSERV OTP- REBATES TURF REPLACEMENT REBATE (TR 24-26) 3,000.00 41580 01/30/2025 BUILDING Building BLDING/PLAN REFNDS REFUND CANCELLED PROJECT PERMIT #20241237 404.15 41580 01/30/2025 BUILDING General Fund BLDING/PLAN REFNDS REFUND CANCELLED PROJECT PERMIT #20241237 7.07 41581 01/30/2025 BUILDING Building BLDING/PLAN REFNDS REFUND CANCELLED PROJECT PERMIT #20241239 413.60 41581 01/30/2025 BUILDING General Fund BLDING/PLAN REFNDS REFUND CANCELLED PROJECT PERMIT #20241239 10.49 41582 01/30/2025 BUILDING Building BLDING/PLAN REFNDS REFUND CANCELLED PERMIT #20241422 366.52 41582 01/30/2025 BUILDING General Fund BLDING/PLAN REFNDS REFUND CANCELLED PERMIT #20241422 5.90 41583 01/30/2025 FINANCE General Fund BL REFUNDS REFUND - ERROR IN PAYMENT BL #55231 76.00 41584 01/30/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS PARK DEPOSIT REFUND - ROTARY 1008316.001 50.00 41585 01/30/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS FACILITY DEPOSIT REFUND - BERGON 1008916.002 100.00 41586 01/30/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS PARK DEPOSIT REFUND - LTC 1008927.002 50.00 41587 01/30/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS PARK DEPOSIT REFUND - ROTARY 1008981.002 50.00 41588 01/30/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS FACILITY DEPOSIT REFUND - PAN AM 1008637.002 200.00 41589 01/30/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS FACILITY DEPOSIT REFUND - BERGON 1008874.002 100.00 41590 01/30/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS PARK DEPOSIT REFUND - MSR 1008919.002 50.00 41591 01/30/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS FACILITY DEPOSIT REFUND - BERGON 1008906.002 100.00 41592 01/30/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS PARK DEPOSIT REFUND - LTC 1008832.002 50.00 41593 01/30/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS PARK DEPOSIT REFUND - LTC 1008959.002 50.00 41594 01/30/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS FACILITY DEPOSIT REFUND - PAN AM GYM 1008860.002 200.00 41595 01/30/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS FACILITY DEPOSIT REFUND - BERGON 1008943.002 100.00 41596 01/30/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS FACILITY DEPOSIT REFUND - PAN AM 1008892.002 100.00 41597 01/30/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS FACILITY DEPOSIT REFUND - PAN AM GYM 1008928.002 200.00 41598 01/30/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS PARK DEPOSIT REFUND - LTC 1008922.002 50.00 41599 01/30/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS FACILITY DEPOSIT REFUND - BERGON 1008934.002 100.00 41600 01/30/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS FACILITY DEPOSIT REFUND - PAN AM GYM 1007533.001 200.00 41601 01/30/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9897172 76 ROSEWOOD 206.16 41602 01/30/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9917804 2614 CHERRY TREE 198.60 41603 01/30/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9925397 121 N I 795.71 41604 01/30/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 10001091 309 S G 102.55 41605 01/30/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9922761 47.11 41606 01/30/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 11002 118 N A 308.92 41607 01/30/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9924584 28577 AVE 14 33.80 41608 01/30/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9897585 421 E CENTRAL 608.50 41609 01/30/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9896597 210 S E 108.90 41610 01/30/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 2032001 507 S G 57.58 41611 01/30/2025 UB - WATER Water Fund OTP- UB REFUNDS UB 9918432 1117 GRANT 192.44 41612 02/06/2025 PD OPERATIONS PD Operations MCALISTER, JARON REIMBURSEMENT - FAA DRONE OPERATOR CERTIFICATION 175.00 41613 02/06/2025 UB - WATER PD Operations PACIFIC STORAGE COMPANY SHREDDING SERVICES 475.00 41614 02/06/2025 FIRE Fire VAN DE POL ENTERPRISES, INC. FUEL CDF - 01/01/25-01/15/25 453.77 41615 02/06/2025 INFORMATION SERVICES Computer Replacement ZOOM VIDEO COMMUNICATIONS, INC. ZOOM 3 YEAR CONTRACT 46,854.93 41616 02/06/2025 PD OPERATIONS PD Operations LAW DOG K9 K9 VENDOR TRAINING 1,050.00 41617 02/06/2025 ENGINEERING RSTP - FED EX TERRA WEST CONSTRUCTION INCORPORATED R-10 OLIVE AND KNOX WIDENING AND IMPROVEMENTS 384,106.36 41618 02/06/2025 FINANCE Madera Groundwater JPA Committ JACOB T ROBERSON MRWM CONSULTING - 07/24 2,362.00

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 41618 02/06/2025 FINANCE Madera Groundwater JPA Committ JACOB T ROBERSON MRWM CONSULTING - 08/24 2,362.00 41618 02/06/2025 FINANCE Madera Groundwater JPA Committ JACOB T ROBERSON MRWM CONSULTING - 09/24 2,362.00 41618 02/06/2025 FINANCE Madera Groundwater JPA Committ JACOB T ROBERSON MRWM CONSULTING - 10/24 2,362.00 41618 02/06/2025 FINANCE Madera Groundwater JPA Committ JACOB T ROBERSON MRWM CONSULTING - 11/24 2,362.00 41618 02/06/2025 FINANCE Madera Groundwater JPA Committ JACOB T ROBERSON MRWM CONSULTING - 12/24 2,362.00 41619 02/06/2025 FINANCE Central Admin AT&T 01/25 CALNET SERVICE 9391026406 29.97 41619 02/06/2025 FINANCE Finance AT&T 01/25 CALNET SERVICE 9391026406 29.98 41619 02/06/2025 FINANCE HR/RISK MGT AT&T 01/25 CALNET SERVICE 9391026400 31.53 41619 02/06/2025 FINANCE Parks AT&T 01/25 CALNET SERVICE 9391026412 163.53 41619 02/06/2025 FINANCE Parks Administration AT&T 01/25 CALNET SERVICE 9391031580 288.48 41619 02/06/2025 FINANCE Sewer Mtnc/Operations AT&T 01/25 CALNET SERVICE 9391026410 61.51 41619 02/06/2025 FINANCE Sr Citizen Community ServiceAT&T 01/25 CALNET SERVICE 939102615 68.62 41619 02/06/2025 FINANCE WWTP AT&T 01/25 CALNET SERVICE 9391026405 33.88 41619 02/06/2025 FINANCE WWTP AT&T 01/25 CALNET SERVICE 9391026417 40.79 41619 02/06/2025 FINANCE PD Operations AT&T 01/25 CALNET SERVICE 9391026409 31.94 41620 02/06/2025 HR/RISK MGT HR/RISK MGT CA DEPARTMENT OF JUSTICE PRE-EMPLOYMENT LIVESCAN 128.00 41621 02/06/2025 FINANCE General Fund DIVISION OF THE STATE ARCHITECT SB DSA 1186 QTR 1 FY 24/25 71.20 41621 02/06/2025 FINANCE General Fund DIVISION OF THE STATE ARCHITECT SB DSA 1186 QTR 2 FY 24/25 15.60 41621 02/06/2025 FINANCE General Fund DIVISION OF THE STATE ARCHITECT SB DSA 1186 QTR 4 FY 23/24 29.60 41622 02/06/2025 FACILITIES AIRPORT OPS CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - AIRPORT 113.50 41622 02/06/2025 FACILITIES Central Admin CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - CITY HALL 548.00 41622 02/06/2025 FACILITIES Comm & Rec Centers CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - FBSC 325.75 41622 02/06/2025 FACILITIES Comm & Rec Centers CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - PCS YOUTH SERVICES 113.50 41622 02/06/2025 FACILITIES Comm & Rec Centers CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - PW CITY YARD 113.50 41622 02/06/2025 FACILITIES Comm & Rec Centers CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - MILLVIEW 113.50 41622 02/06/2025 FACILITIES Comm & Rec Centers CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - JWYC 782.45 41622 02/06/2025 FACILITIES DRAINAGE CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - PW STREETS 356.80 41622 02/06/2025 FACILITIES Engineering CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - ENG 227.00 41622 02/06/2025 FACILITIES Facilities Maintenance CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - PD 652.89 41622 02/06/2025 FACILITIES WWTP CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - WWTP 2,006.64 41622 02/06/2025 FACILITIES PD Operations CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - PD SIU 113.50 41623 02/06/2025 FINANCE Building COMCAST CITY INTERNET CONNECTION 01/25 63.70 41623 02/06/2025 FINANCE City Attorney COMCAST CITY INTERNET CONNECTION 01/25 18.85 41623 02/06/2025 FINANCE City Clerk's Office COMCAST CITY INTERNET CONNECTION 01/25 18.98 41623 02/06/2025 FINANCE Code Enforcement COMCAST CITY INTERNET CONNECTION 01/25 135.46 41623 02/06/2025 FINANCE Comm & Rec Centers COMCAST CITY INTERNET CONNECTION 01/25 90.61 41623 02/06/2025 FINANCE COMPUTER MAINT COMCAST CITY INTERNET CONNECTION 01/25 36.92 41623 02/06/2025 FINANCE Engineering COMCAST CITY INTERNET CONNECTION 01/25 126.36 41623 02/06/2025 FINANCE Facilities Maintenance COMCAST CITY INTERNET CONNECTION 01/25 27.82 41623 02/06/2025 FINANCE Finance COMCAST CITY INTERNET CONNECTION 01/25 99.58 41623 02/06/2025 FINANCE Fleet Maintenance COMCAST CITY INTERNET CONNECTION 01/25 18.98 41623 02/06/2025 FINANCE GRANT OVERSIGHT COMCAST CITY INTERNET CONNECTION 01/25 36.92 41623 02/06/2025 FINANCE HR/RISK MGT COMCAST CITY INTERNET CONNECTION 01/25 36.92 41623 02/06/2025 FINANCE Parks COMCAST CITY INTERNET CONNECTION 01/25 45.76 41623 02/06/2025 FINANCE Parks Administration COMCAST CITY INTERNET CONNECTION 01/25 36.79 41623 02/06/2025 FINANCE Planning COMCAST CITY INTERNET CONNECTION 01/25 45.50 41623 02/06/2025 FINANCE STREETS COMCAST CITY INTERNET CONNECTION 01/25 45.76 41623 02/06/2025 FINANCE Recreation COMCAST CITY INTERNET CONNECTION 01/25 54.73 41623 02/06/2025 FINANCE Sewer Mtnc/Operations COMCAST CITY INTERNET CONNECTION 01/25 32.37

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 41623 02/06/2025 FINANCE SOLID WASTE COMCAST CITY INTERNET CONNECTION 01/25 36.79 41623 02/06/2025 FINANCE Sr Citizen Community ServiceCOMCAST CITY INTERNET CONNECTION 01/25 36.79 41623 02/06/2025 FINANCE UB - Garbage COMCAST CITY INTERNET CONNECTION 01/25 30.16 41623 02/06/2025 FINANCE UB - Sewer COMCAST CITY INTERNET CONNECTION 01/25 30.16 41623 02/06/2025 FINANCE UB - Water COMCAST CITY INTERNET CONNECTION 01/25 59.28 41623 02/06/2025 FINANCE Water Mtnc/Operations COMCAST CITY INTERNET CONNECTION 01/25 41.34 41623 02/06/2025 FINANCE Water Quality Control COMCAST CITY INTERNET CONNECTION 01/25 18.98 41623 02/06/2025 FINANCE WWTP COMCAST CITY INTERNET CONNECTION 01/25 27.82 41623 02/06/2025 FINANCE City Manager COMCAST CITY INTERNET CONNECTION 01/25 18.85 41623 02/06/2025 FINANCE Purchasing COMCAST CITY INTERNET CONNECTION 01/25 27.82 41624 02/06/2025 HR/RISK MGT HR/RISK MGT CPS HR CONSULTING PRE-EMPLOYMENT TESTING - COMPUTER TECH 395.00 41625 02/06/2025 PD OPERATIONS PD Operations CYRUN ALLIANCE MAINTENANCE & SUPPORT CONTRACT 50,000.00 41626 02/06/2025 UB - WATER UB - Garbage DATAPROSE, LLC ZONING DUE DATE CHANGES 697.65 41626 02/06/2025 UB - WATER UB - Garbage DATAPROSE, LLC ZONE MAPS 927.86 41626 02/06/2025 UB - WATER UB - Sewer DATAPROSE, LLC ZONING DUE DATE CHANGES 697.65 41626 02/06/2025 UB - WATER UB - Sewer DATAPROSE, LLC ZONE MAPS 927.87 41626 02/06/2025 UB - WATER UB - Water DATAPROSE, LLC ZONING DUE DATE CHANGES 1,395.30 41626 02/06/2025 UB - WATER UB - Water DATAPROSE, LLC ZONE MAPS 1,855.73 41627 02/06/2025 FIRE MEAS K - FIRE DIAMOND COMMUNICATIONS FIRE ALARM MONITORING - FIRE #58 35.00 41627 02/06/2025 PARKS ADMINISTRATION Comm & Rec Centers DIAMOND COMMUNICATIONS SERVICE CALL - JWYC 346.50 41627 02/06/2025 PARKS ADMINISTRATION Comm & Rec Centers DIAMOND COMMUNICATIONS ALARM FEE - PANAM 30.00 41628 02/06/2025 FLEET ACQUISITION Fleet Acquisition DOWNTOWN FORD SALES 2025 FORD PICKUP #1551 43,938.39 41629 02/06/2025 BUILDING Building FIRE SAFETY SOLUTIONS, INC. FIRE PROTECTION SVS 01/01/25-01/15/25 7,695.00 41630 02/06/2025 CITY ADMIN Central Admin LEAGUE OF CALIFORNIA CITIES CAL CITIES DIVISIONAL DUES 2025 569.85 41631 02/06/2025 HR/RISK MGT INS/RISK MGT LIEBERT CASSIDY WHITMORE LEGAL SERVICES 3,585.50 41632 02/06/2025 CITY ADMIN Community Promo MADERA COUNTY E D C EDC Q1 FY 2024-25 BALANCE 1,000.00 41632 02/06/2025 CITY ADMIN Community Promo MADERA COUNTY E D C EDC Q3 FY 2024-25 46,520.34 41633 02/06/2025 ENGINEERING Engineering MADERA TRIBUNE PUBLIC NOTICE - GSA ADVERT 97.50 41634 02/06/2025 BUILDING Building ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES - BUILDING 77.65 41635 02/06/2025 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 01/25 SERVICE 8126770647-1 97.17 41635 02/06/2025 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 01/25 SERVICE 9920095153-3 68.65 41635 02/06/2025 FINANCE Central Admin PACIFIC GAS & ELECTRIC 01/25 SERVICE 9920095153-3 560.52 41635 02/06/2025 FINANCE Comm & Rec Centers PACIFIC GAS & ELECTRIC 01/25 SERVICE 9920095153-3 3,863.62 41635 02/06/2025 FINANCE DRAINAGE PACIFIC GAS & ELECTRIC 01/25 SERVICE 9920095153-3 1,405.52 41635 02/06/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 01/25 SERVICE 3352588453-3 177.41 41635 02/06/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 01/25 SERVICE 1013877191-9 86.29 41635 02/06/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 01/25 SERVICE 9920095153-3 4,794.45 41635 02/06/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 01/25 SERVICE 7928098441-4 69.46 41635 02/06/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 01/25 SERVICE 3499945233-6 127.64 41635 02/06/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 01/25 SERVICE 4318089701-9 29.49 41635 02/06/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 01/25 SERVICE 5237156686-1 43.63 41635 02/06/2025 FINANCE Fire PACIFIC GAS & ELECTRIC 01/25 SERVICE 9920095153-3 1,033.45 41635 02/06/2025 FINANCE Fire PACIFIC GAS & ELECTRIC 01/25 SERVICE 2173157566-4 2,776.66 41635 02/06/2025 FINANCE Parks PACIFIC GAS & ELECTRIC 01/25 SERVICE 9920095153-3 202.18 41635 02/06/2025 FINANCE Recreation PACIFIC GAS & ELECTRIC 01/25 SERVICE 9920095153-3 36.29 41635 02/06/2025 FINANCE Sewer Mtnc/Operations PACIFIC GAS & ELECTRIC 01/25 SERVICE 9920095153-3 935.41 41635 02/06/2025 FINANCE SOLID WASTE PACIFIC GAS & ELECTRIC 01/25 SERVICE 9920095153-3 482.90 41635 02/06/2025 FINANCE Sr Citizen Community ServicePACIFIC GAS & ELECTRIC 01/25 SERVICE 9920095153-3 8.39 41635 02/06/2025 FINANCE Water Mtnc/Operations PACIFIC GAS & ELECTRIC 01/25 SERVICE 9920095153-3 14,298.90

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 41635 02/06/2025 FINANCE Water Mtnc/Operations PACIFIC GAS & ELECTRIC 01/25 SERVICE 9109225160-1 655.58 41635 02/06/2025 FINANCE Zone 24 Activities PACIFIC GAS & ELECTRIC 01/25 SERVICE 9920095153-3 19.77 41635 02/06/2025 FINANCE Zone 26 Activities PACIFIC GAS & ELECTRIC 01/25 SERVICE 9920095153-3 11.43 41635 02/06/2025 FINANCE Zone 31A Activities PACIFIC GAS & ELECTRIC 01/25 SERVICE 9920095153-3 19.72 41635 02/06/2025 FINANCE PD Operations PACIFIC GAS & ELECTRIC 01/25 SERVICE 9920095153-3 5,636.73 41635 02/06/2025 FINANCE Parking Dist Operation PACIFIC GAS & ELECTRIC 01/25 SERVICE 9920095153-3 92.54 41636 02/06/2025 PARKS ADMINISTRATION Parks PARK ASSOCIATES CANOPY SAIL 4,102.14 41637 02/06/2025 PARKS ADMINISTRATION Comm & Rec Centers TK ELEVATOR CORPORATION YC ELEVATOR MAINTENANCE 1,011.20 41638 02/06/2025 ENGINEERING Engineering YAMABE & HORN ENGINEERING 7-11 PLAN REVIEW 820.00 41639 02/06/2025 UB - WATER Water Fund AR REFUNDS UB TERM REFUND 9905079 209.73 41640 02/06/2025 ENGINEERING General Trust Fund BOND ENCROACH REFUND CANCELLED PERMIT - 20241709 423.27 41641 02/06/2025 ENGINEERING General Trust Fund BOND ENCROACH REIMBURSEMENT - EL CORONADO ESTATES 10,000.00 41642 02/06/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - SUNRISE ROTARY FIELD 6 50.00 41643 02/06/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - SUNRISE ROTARY FIELDS 1-4 50.00 41644 02/06/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - SUNRISE ROTARY PAVILLION 50.00 41645 02/06/2025 PARKS ADMINISTRATION Comm & Rec Centers OTP- PARKS REFUNDS CANCELLATION REIMBUREMENT 240.00 41645 02/06/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS CANCELLATION REIMBUREMENT 100.00 41645 02/06/2025 PARKS ADMINISTRATION Parks Administration OTP- PARKS REFUNDS CANCELLATION REIMBUREMENT 25.00 41646 02/06/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9896169 825.28 637 01/28/2025 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 01/28/25 408.26 638 01/29/2025 HR/RISK MGT City Clerk's Office BENEFIT & RISK MANAGEMENT SERVICES BENEFIT PREMIUMS 01/25 1,013.00 638 01/29/2025 HR/RISK MGT INS/RISK MGT BENEFIT & RISK MANAGEMENT SERVICES BENEFIT PREMIUMS 01/25 (4,453.18) 638 01/29/2025 HR/RISK MGT PAYROLL TRUST BENEFIT & RISK MANAGEMENT SERVICES BENEFIT PREMIUMS 01/25 407,833.12 638 01/29/2025 HR/RISK MGT PD Operations BENEFIT & RISK MANAGEMENT SERVICES BENEFIT PREMIUMS 01/25 1,613.00 639 01/30/2025 HR/RISK MGT City Clerk's Office BENEFIT & RISK MANAGEMENT SERVICES BENEFIT PREMIUMS 02/25 1,013.00 639 01/30/2025 HR/RISK MGT INS/RISK MGT BENEFIT & RISK MANAGEMENT SERVICES BENEFIT PREMIUMS 02/25 237.16 639 01/30/2025 HR/RISK MGT PAYROLL TRUST BENEFIT & RISK MANAGEMENT SERVICES BENEFIT PREMIUMS 02/25 453,708.82 639 01/30/2025 HR/RISK MGT PD Operations BENEFIT & RISK MANAGEMENT SERVICES BENEFIT PREMIUMS 02/25 1,613.00 641 02/03/2025 FINANCE PAYROLL TRUST NPC-ORCHARD TRUST COMPANY PLAN #340227-01 FOR 01/31/25 14,357.97 642 02/03/2025 FINANCE PAYROLL TRUST NPC-ORCHARD TRUST COMPANY PLAN #340227-02 FOR 01/31/25 2,087.94 643 02/04/2025 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 02/04/25 3,762.04 644 02/04/2025 FINANCE Water Debt Service/Rev Bonds BANK OF NEW YORK MELLON 2015 WATER REV REF BOND 120,715.00 BANK #1 - US BANK GENERAL ACCOUNT TOTAL $ 2,154,040.13

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: February 19, 2025
_________________________________ Agenda Number: ___________ Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Informational Report on Personnel Activity
RECOMMENDATION:

This report is submitted for informational purposes only and there is no action requested from the City Council (Council).

SUMMARY:

The purpose of this report is to provide the Council an informational update on employment matters, including new hires, transfers, and terminations. This report represents activity since the prior report submitted on the January 15,2025, City Council agenda.

DISCUSSION:

The Civil Service Commission (Commission) met twice in December 2024 to review and approve eligibility lists for civil service recruitments. As such, the Civil Service Commission has not met again at this time.

The following employees began employment with the City since our last report.

Table 1. New Hires and Re-hires
Name Position Department Status* Effective
Date
Anayely Rodriguez Part Time Maintenance
Worker I
Public Works –
Airport
PT 1/13/25
Gabriel Gonzales Park Aide Parks & Community
Services
PT 1/13/25
Ia Vang Accountant I Finance FT 1/13/25
B-3
Table 1. New Hires and Re-hires, continued
Name Position Department Status* Effective
Date
Jesus Moreno Park Aide Parks & Community
Services
PT 1/13/25
Paul Schramm Combination Building
Inspector
Building FT 1/13/25
Luis Lopez, Jr. Code Enforcement
Officer I
Police FT 1/27/25
Jessica Perez-Tynes Program Leader II Parks & Community Services
PT 1/27/25
*Status: FT = Full Time, PT = Part Time, RA = Retired Annuitant The following promotions, transfers, or assignment changes occurred since our last report.

Table 2. Promotions, Transfers, or Assignment Changes
Name Old Position New Position Effective
Date
Ryan Harland Police Officer I Police Officer II 12/11/24 Cipriano Pineda Police Officer I Police Officer II 12/11/24 Cristian Delgadillo Police Officer I Police Officer II 12/11/24 Mauricio Rodriguez Public Works Equipment
Operator
Maintenance Technician
The following employees separated from employment since our last report.

Table 3. Separations
Name Position Department Status* Effective
Date
Haley Christenson Administrative Analyst I Engineering FT 1/24/25 Jordan De La Rosa Animal Control Officer Police FT 1/31/25 Rudy Luquin Senior Planner Planning FT 1/31/25
Fernando Castillo
Duran
Parks Project Manager Parks & Community
Services FT 2/3/25
*Status: FT = Full Time, PT = Part Time, RA = Retired Annuitant FINANCIAL IMPACT:

Funding for positions and employees to fill those positions is contemplated annually by the Council in the budget process. During the course of any given fiscal year, individual employees filling specific positions may change due to a number of various circumstances. All hiring and termination decisions are subject to the approval of the City Manager.

ALTERNATIVES:

This report is for informational purposes only.

ATTACHMENTS:

None

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: February 19, 2025
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
SUBJECT:

Informational Report on Contract City Attorney Services and Litigation Expenditures RECOMMENDATION:

This report is submitted for informational purposes only and no action is requested from the City Council (Council)
SUMMARY:

The purpose of this report is to provide the Council with a monthly update on expenditures related to contract City Attorney services and specialized legal representation for various litigation matters.

DISCUSSION:

This report outlines charges paid for services performed by the City’s contract City Attorney. The information presented encompasses the invoices received from Aleshire & Wynder, LLP for November 2024 and December 2024 (partial period November 15 - December 31, 2024), as well as tracking of the Fiscal Year (FY) 2024/25 invoices received through a FY 2024/25 Year-to-Date (YTD) column.

Should the Council desire additional information or modifications to the format in future iterations of this report, please advise accordingly.

Firm: Aleshire & Wynder, LLP (City Attorney Services and Litigation) Billing Periods: November 15, 2024- December 31, 2024
Matter
Charges
November 15-
December 31, 2024
FY 2024/2025
(YTD)
General Legal Review/Advice $1,351.50 $9,802.54
B-4
City Clerk $2,131.50 $12,444.58
Attendance at Council Meetings &
Requests for Information/Research $7,315.50 $20,551.00
City Manager $1,881.50 $7,658.50
Review and Advice on Agreements $0.00 $0
Public Records Act Matters $0 $0
City Real Property $0 $768.50
Planning & Planning Commission $3,577.50 $10,865.00
Finance $1,075.00 $5,418.50
Successor Agency $0 $0
Public Works/Engineering $1,563.50 $10,918.00
Airports $0 $1,510.50
Grand Jury $0 $0
Personnel/Payroll $290.00 $1,015.00
Municipal Code Enforcement $0 $1,453.50
Police Department - General $238.50 $8,536.00
Parks $874.50 $2,464.50
Water $79.50 $4,505.00
Wastewater $1,139.50 $1,378.00
Economic Development $0 $0
Ordinances 1,457.50 $1,688.00
Special Projects $0 $0
Housing $0 $106.00
Cannabis $0 $0
Total Advisory Services $22,975.50 $101,083.12
Total Litigation Services $2,059.69 $19,810.81
Discounted Hours $0 $0
Travel/Lodging Expenses $0 $0
Shipping $0 $0
Process Server (Transcripts to
Superior Court
$0 $0
Total Advisory & Litigation Services $25,035.19 $120,893.93 FINANCIAL IMPACT:

For FY 2024/25, expenditures for invoices related to legal fees total $120,893.93. This represents expenditures for specific City Attorney services. A summary of invoices received to date are summarized per the following table.

Legal Invoices FY 2024/25 YTD
City Attorney Advisory Services
Aleshire and Wynder $101,083.12
Litigation Services (Including discounted hours, travel & shipping) Aleshire and Wynder $19,810.81
Total City Attorney and Litigation Services Year-End $120,893.93

ALTERNATIVES:

This report is for informational purposes only.

ATTACHMENTS:

None

REPORT TO CITY COUNCIL
Approved by:

Council Meeting of: February 19, 2025
________________________________ Agenda Number: ___________ Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Proclamation Recognizing Scout Troop 117 for their 100 years of service to the youth of Madera RECOMMENDATION:

Adopt a Minute Order approving a Proclamation Recognizing Scout Troop 117 for their 100 years of service to the youth of Madera
SUMMARY:

The City Council, during its regular meeting on August 2, 2023, adopted a policy governing the guidelines for City-issued Ceremonial Documents. This policy establishes the framework for the issuance of proclamations, ensuring a systematic and transparent process.

On December January 15, 2025, the Council approved the 2025 List of Annual Proclamations, outlining the scheduled commemorations for the year. However, the policy allows for proclamations not identified on this list to be considered on a case-by-case basis, with a written request required 45 days before the requested presentation date.

In this case, Mr. Tom Kidwell, representing Boy Scout Troop 117, submitted a request on February 12, 2025, for a proclamation recognizing the troop’s 100 years of service to the youth of Madera.

Troop 117 was originally established in 1925 as Troop 8 of the Madera District. In 1927, the Sequoia Council reorganized the scout troops in Madera, assigning Troop 117 its current number.

Over the past century, the Scouts have provided over 500 hours of community service annually.

Their contributions include assisting with Memorial Day and Veterans Day ceremonies and engaging in various service projects that have positively impacted the community.

B-5
To commemorate this milestone, a 100th-anniversary celebration will be held on Saturday, March 15, 2025, at the VFW Hall. The event is open to the public.

Per the Ceremonial Documents policy, signatures shall be reserved for Councilmembers who vote in the affirmative. For Councilmembers that vote in the negative, their signature block shall be omitted from the ceremonial document unless they notify the City Clerk in writing otherwise at least five business days prior to the meeting when the Proclamation will be issued.

FINANCIAL IMPACT:

There were nominal expenses for the preparation of this report or the proclamation. Costs related to custom supplies such as proclamations, certificates, frames, and folders have been purchased and funds were appropriated in the adopted budget.

ALTERNATIVES:

Council may direct staff to prepare a proclamation. If the majority vote is in the affirmative, staff will proceed with presenting the Proclamation at the February 19th Council meeting. In the alternative, Council may:
 Deferral for Further Discussion: Council may opt to defer the decision for further discussion, allowing additional time to address specific concerns or gather more information.
 Denial of Proclamation Request: If the majority vote is not in the affirmative or no action is taken, the request will be considered denied.

ATTACHMENTS:

1. Letter from Mr. Tom Kidwell, dated February 12, 2025, for a "Proclamation Recognizing Scout Troop 117 for their 100 years of service to the youth of Madera." VETERANS OF FOREIGN WARS POST 1981
BOY SCOUTS OF AMERICA·
PACK 117 TROOP 117G & TROOP 117B
2026 N. Granada Dr. Madera, CA. 93637
To whom it may concern
Scout Troop 117 is proud to announce reaching 100 years of service to the youth of Madera.

Troop 117 was organized in 1925 as Troop 8 of the Madera District. American Legion Post 11 was the sponsor and Everett B. Peck was Scoutmaster. In 1927 the Sequoia Council reorganized the Scout Troops of .. Madera and changed the number to Troop 117. They met in the basement of the First National Bank at the comer of Yosemite and D Streets. Shortly thereafter the meeting place was moved to the basement of the Veterans Memorial Hall which was also the meeting place of the American Legion.

Troop 117 is currently sponsored by the Veterans of Foreign Wars Post 1981 with James Dunn as the Scoutmaster.

Each year our Scouts and families perform over 500 community service hours. Our Scouts have performed service for our veterans by assisting with the ceremonies on Memorial Day and Veterans Day at the Madera Courthouse Park. For Memorial Day our Scouts place flags at each veteran's headstone at Arbor Vitae Cemetery. When we go to camp our Scouts do service projects for the agency that provide the campsite.

They have also assisted with greeting veterans returning home on the Honor Flights at the Fresno Air Terminal.

Over the last 100 years we have had 29 Scoutmasters and over 680 youth participating as Scouts and have earned the rank of Eagle Scout, and some Scouts became Scoutmasters for the Troop. Many of our Scouts have become outstanding community leaders . . To commemorate this event, a dinner oftri-tip and chicken with pilaf, Italian green beans, salad and rolls will be at the VFW Hall, 2026 N. Granada Dr, Madera CA. 93637 on Saturday March 15, 2025 at $20.00 per plate.

Tickets are available at the VFW Hall 559-661-9038 during business hours 9:00 AM to noon Monday through Friday. You may also contact Tom Kidwell at 559-661-1161, or Tim Escobedo at 559-232-075 for tickets.

Yours in Scouting
Elizabeth Alvarez
P 117 Cubmaster
559-395-6205
[email protected]
Tim Escobedo
Pack 117 & Troop 117
Committee Chair
559-232-0735
[email protected]
[email protected]
[email protected]
James Dunn
Tl 17B Scoutmaster
559-250-7131
jmdunnl [email protected]
Debra Haworth
Tl 17G Scoutmaster
559-474-2325
[email protected]

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Appointment to the Community Development Block Grant Commission RECOMMENDATION:

Adopt a resolution appointing Diana Mosqueda to the Block Grant Commission (BGC) SUMMARY:

The Community Development Block Grant (CDBG), Block Grant Commission (BGC) was established on March 18, 2009 to serve in an advisory capacity to staff and City Council (Council) on matters related to CDBG funding. The BGC consists of seven members, with each member of the Council making a nomination to be considered for appointment by the Mayor, subject to approval of the Council by resolution. At this time, Councilman Villegas has nominated Diana Mosqueda to the Mayor for appointment to the BGC. The Mayor has considered the nomination and has approved the appointment of Mrs. Mosqueda. The requested action is a resolution of the City Council to approve the appointment of Mrs. Mosqueda to the BGC.

DISCUSSION:

The City is a CDBG entitlement jurisdiction which receives an annual funding allocation with the submission of an Annual Action Plan. As an advisory Commission, duties of the BGC include:

1. Evaluation of annual CDBG request for funding applications.

2. Consideration of the U.S Department of Housing and Urban Development (HUD) priorities and the Council-approved five-year City CDBG Consolidated Plan.

3. Providing Council with CDBG funding recommendations.

4. Reviewing and recommending approval of CDBG reports including the Consolidated Plan, Annual Action Plans, and any substantial amendments.

Council Meeting of: February 19, 2025
Agenda Number: B-6

5. Promoting public participation in the CDBG planning and award process.

BGC members are noted below in Table 1, with the individuals considered for approval of appointment indicated in bold text.

Table 1. BGC Membership
Applicant Nominating Councilmember City Council District Candy Talley Mayor Gallegos Mayor
Vacant Rohi Zacharia District 1
Alyssia Arredondo Mayor Pro Tem Rodriguez District 2
Stephanie Nathan Councilmember Montes District 3
Cesar Villegas Councilwoman Evans District 4
Olga P. Garcia Former Council Member Garcia District 5
Diana Mosqueda Councilmember Villegas District 6
At this time, the Mayor has considered the nomination of Diana Mosqueda by Councilman Villegas and is seeking approval from the City Council of the appointment to the BGC. Per the Municipal Code, appointments will be for a term matching the nominating Council person, or until a replacement is appointed. The Council term for Councilman Villegas ends on December 6, 2028. The Municipal Code also provides that the resolution of appointment must receive at least four (4) affirmative votes to pass.

FINANCIAL IMPACT:

There is no anticipated financial impact.

ALTERNATIVES:

Council may direct staff to solicit additional volunteer applications for commission, board, and committee service.

ATTACHMENTS:

1. Resolution

2. Volunteer application for Diana Mosqueda
Resolution No. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING THE

APPOINTMENT OF DIANA MOSQUEDA TO THE CITY OF MADERA BLOCK GRANT COMMISSION WHEREAS, the City of Madera has established a Block Grant Commission (BGC) to serve in a volunteer capacity to fulfill the duties of the Block Grant as provided in their adopted bylaws; and
WHEREAS, BGC is comprised of seven citizens nominated by members of the City Council and appointed by the Mayor, subject to confirmation by the Council as a whole; and WHEREAS, Diana Mosqueda has expressed her desire to serve on the BGC; and WHEREAS, Councilwoman Villegas has nominated Diana Mosqueda to be considered for appointment to the BGC for a term concluding December 6, 2028 or as otherwise provided in the Madera Municipal Code; and
WHEREAS, Mayor Gallegos has considered the above-named nominated individuals and has appointed Diana Mosqueda.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, and orders as follows:

1. The above recitals are true and correct.

2. The Council approves the appointment of Diana Mosqueda to the BGC for a term ending December 6, 2028, unless otherwise indicated by the Madera Municipal Code.

3. This resolution is effective immediately upon adoption. ********************

CITY OF MADERA

COMMISSION, BOARD, AND COMMITTEE

APPLICATION
I hereby request that I be considered as a nominee for the following City of Madera Commission, Board, or Committee:

PLEASE CHECK ONE OR MORE:
__ ADA Advisory Council
__ Beautification Committee
.1_ CDBG Block Grant Commission
__ Plannlne Commission
__ Airport Advisory Commission
Civil Service Commission
Loan Review Committee
__ Transit Advisory Board
Other: _______ _
Please type or print In ink.

M~qveaq
HOME A DDRESS :>0-m<=--
Dfar'\O\
CllY, STATE, ZIP

CITY, STATE ZIP
OV\)\1r:J/'°
Length of residence In the City of Have you ever been convicted of Are you 18 vears of age or Madera: a felony? older?
Years -.2~\ __ Months _'::1 __ Yes ___ No )< Yes )( No --- Past lol 2
Please list any organizations of which you are a member and any offices you have held in those organizations:
c wa~ a coromi M-cc;., mr:mbz:.¥: Fbr
Please list any appointed public boards or commissions on which you have served, dates of service, and any chairmanship or office held:

I am interested in serving for the following reasons:

J? won, tv Obj c.o~ monit) or,cl
References (optional):

Date
Please return completed application to:

CITY OF MADERA

OFFICE OF THE CITY CLERK
205 West 4th Street, Madera, CA 93637
[email protected]
(559) 661-5405

Page 2 of 2 ends

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Appointment to the Transit Advisory Board
RECOMMENDATION:

Adopt a resolution approving the appointment of Cynthia Ortegón to the Transit Advisory Board SUMMARY:

The City of Madera Transit Advisory Board (TAB) was established by the City Council in March 1996 to serve in an advisory capacity to Transit staff and the City Council on matters pertaining to Madera Metro’s public transportation services and operations. TAB is comprised of seven (7) members, with each member of the City Council making a nomination to be considered for appointment by the Mayor, subject to approval of the City Council by resolution. At this time, Councilmember Villegas has nominated Cynthia Ortegón to the Mayor for appointment to the TAB. The Mayor has considered the nomination and has approved the appointment of Ms. Ortegón. The requested action is a resolution of the City Council to approve the appointment of Ms. Ortegón to the TAB.

DISCUSSION:

The TAB was formed to serve in an advisory capacity to the City Council and staff on matters related to public transit. Their duties include the following:

1. Provide oversight and make recommendations regarding the operation of the public transit system including projects, programs, and special studies.

2. Ensure grievance procedures for transit services are followed and enforced.

3. Complete two Secret Rider Evaluations bi-annually.

Council Meeting of: February 19, 2025
Agenda Number: B-7
TAB members are noted below in Table 1, with the individual considered for approval of appointment indicated in bold text.

Table 1: Transit Advisory Board Membership
Member Nominating Councilmember City Council District
Andrew Albonico Mayor Gallegos At-large Mayor
VACANT Councilmember Zacharia District 1
VACANT Mayor Pro Tem Rodriguez District 2
Marie Luna Councilmember Montes District 3
Patricia Carreon Councilwoman Evans District 4
Otilia Morales Councilwoman Mejia District 5
Cynthia Ortegón Councilmember Villegas District 6
Ms. Ortegón has previously served on the TAB. At this time, the Mayor has considered the nomination of Ms. Ortegón by Councilmember Villegas and is seeking approval from the City Council of the appointment to TAB. Per the Municipal Code, this appointment will be for a term matching the Councilmember, or until the replacement is appointed. The Councilmember’s term ends on December 6, 2028. The Municipal Code also provides that the resolution of appointment must receive at least four (4) affirmative votes to pass.

FINANCIAL IMPACT:

There is no anticipated financial impact.

ALTERNATIVES:

Council may direct staff to seek additional applications to serve on the Transit Advisory Board.

ATTACHMENTS:

1. Resolution

2. Volunteer application for Cynthia Ortegón
Resolution No. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
APPROVING THE APPOINTMENT OF CYNTHIA ORTEGÓN TO THE CITY OF

MADERA TRANSIT ADVISORY BOARD
WHEREAS, the City of Madera has established a Transit Advisory Board (TAB) to serve in a volunteer capacity to fulfill the duties of the TAB as provided in their adopted bylaws; and WHEREAS, TAB is comprised of seven (7) citizens nominated by members of the City Council and appointed by the Mayor, subject to confirmation by the Council as a whole; and WHEREAS, Cynthia Ortegón has expressed desire to serve on TAB; and WHEREAS, Councilmember Villegas has nominated Cynthia Ortegón to be considered for appointment to TAB for a term concluding December 6, 2028 or as otherwise provided in the Madera Municipal Code; and
WHEREAS, Mayor Gallegos has considered the above-named nominated individual and has appointed Cynthia Ortegón.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, and orders as follows:

1. The above recitals are true and correct.

2. The Council approves the appointment of Cynthia Ortegón to TAB for a term ending December 6, 2028, unless otherwise indicated by the Madera Municipal Code.

3. This resolution is effective immediately upon adoption. ********************

CITY OF MADERA

COMMISSION, BOARD, AND COMMITTEE

APPLICATION
I hereby request that I be considered as a nominee for the following City of Madera Commission, Board, or Committee:

PLEASE CHECK ONE OR MORE:
__ ADAAdvisoiy Council
Beautification Committee
__ Planning Commission
Other: _______ _
__ Airport Advisoiy Committee
Civil Service Commission
_x_ Transit Advisoiy Board
Please type or print in ink. -;2 6r ~( \\,-llr~ D
MAR.ING ADDRESS CITY, STATE ZIP PHONE#

JOB TITLE BUSINESS PHONE

ARE YOU A REGISTERED VOTER OF HAVE YOU EVER BEEN
nm CITY OF MADERA? CONVICTED OF A FELONY?
-t- YFS _ NO _ YES ?<J NO
EDUCATIONAL BACKGROUND:

City Clerk
Update 1/03/07

Page 1 ends

PLEASE LIST ANY ORGANIZATIONS OF WHICH YOU ARE A MEMBER AND ANY OFFICES YOU HAVE HELD IN THOSE ORGANIZATIONS:

PLEASE LIST ANY APPOINTED PUBLIC BOARDS OR COMMISSIONS ON WHICH YOU HAVE SERVED, DATES OF SERVICE AND ANY CHAIRMANSHIP OR OFFICE HELD:

G, Vl~· b- f'~~ft ' \~ ,v{ IA~ w l Cf. ,- f ~fI AM INTERESTED IN SERVING FOR THE FOLLOWING REASONS:
• w {)ATE
City Clerk
Update 1/03107
PLEASE RETURN COMPLETED APPLICATION TO:

CITY OF MADERA

OFFICE OF THE CITY CLERK
205 West Fourth Street
Madera, CA 93637
(559) 661-5405
(559) 674-0446

Page 2 of 2 ends

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Giachino Chiaramonte, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Madera County 5150 Response Protocol
RECOMMENDATION:

Adopt a Resolution approving a multi-agency Memorandum of Understanding that defines the City’s roles and responsibilities in relation to Madera County’s 5150 Response Protocol and authorizing the Chief of Police to execute the agreement SUMMARY:

In 2011, the City entered a multi-agency Memorandum of Understanding (MOU) to establish a coordinated response and shared framework among Madera County stakeholders regarding the roles, responsibilities, and systems governing the care of individuals subject to 5150 holds.

Although the MOU has remained largely unchanged since minor revisions in 2019, the reopening of Madera Community Hospital requires its reaffirmation by all participating stakeholders. The proposed action would approve the MOU and authorize the Chief of Police to execute the agreement.

DISCUSSION:

Section 5150 of the California Welfare and Institutions Code authorizes the involuntary detention of an adult experiencing a mental health crisis for a 72-hour psychiatric evaluation if they are deemed a danger to themselves, others, or gravely disabled. Law enforcement officers are typically the first to encounter individuals meeting the criteria for a 5150 hold and are therefore empowered to place them under protective care for a comprehensive mental health assessment.

The MOU establishes the roles and responsibilities of law enforcement agencies in managing 5150 holds, including:
 Completing the required documentation for a 5150 hold Council Meeting of: February 19, 2025
Agenda Number: B-8
 Assessing an individual’s need for medical attention and providing services as necessary  Engaging additional resources, such as Madera County’s Behavioral Health Services Crisis Mobile Team, when appropriate
 Coordinating care arrangements for dependents of the individual placed on a 5150 hold  Transporting individuals to designated medical facilities  Responding to service calls related to the elopement of 5150 patients from Madera Community Hospital
The MOU has been in effect since its adoption in 2011, with minor revisions implemented in 2019. However, with the reopening of Madera Community Hospital, all participating stakeholders must reaffirm their commitment to the agreement to ensure continued coordination and compliance with established protocols. It is important to note that the provisions outlining the City’s roles and responsibilities remain unchanged from the updated MOU affirmed in 2019.

Furthermore, the City’s roles and responsibilities, as defined in the MOU, are consistent with applicable MPD policies. The requested action authorizes the Chief of Police to execute the agreement on behalf of the City.

FINANCIAL IMPACT:

The MOU does not impose any financial obligations on the City. The handling of 5150 holds is a standard responsibility of law enforcement and falls within the scope of routine police duties, rather than an additional or extraordinary service.

ALTERNATIVES:

The City Council (Council) has the authority to deny the City’s participation in the Madera County 5150 Response Protocol. However, such a decision may adversely affect the City's service delivery and its collaborative relationships with partnering agencies, as 5150 holds will remain a standard law enforcement responsibility. Alternatively, the Council may direct staff to provide additional information for further consideration.

ATTACHMENTS:

1. Resolution
a. Exhibit A: Memorandum of Understanding - Madera County 5150 Response Protocol
RESOLUTION NO. 25-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING A MULTI-AGENCY MEMORANDUM OF UNDERSTANDING
THAT DEFINES THE CITY’S ROLES AND RESPONSIBILITIES IN RELATION TO MADERA COUNTY’S 5150 RESPONSE PROTOCOL AND AUTHORIZING THE

CHIEF OF POLICE TO EXECUTE THE AGREEMENT
WHEREAS, in 2011, the City entered a multi-agency Memorandum of Understanding (MOU) in relation to Madera County’s 5150 Response Protocol; and WHEREAS, the reopening of Madera Community Hospital necessitates the reaffirmation by all participating stakeholders; and
WHEREAS, the language contained in the MOU pertaining to the roles and responsibilities of the City has remain unchanged from the original 2011 document; and WHEREAS, the City wishes to reaffirm the MOU, establishing its continued compliance with the guidelines established in the MOU.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines, and orders as follows:

1. The above recitals are true and correct.

2. The City Council approves the Memorandum of Understanding in relation to Madera County’s 5150 Response Protocol, attached as Exhibit A.

3. The Chief of Police is authorized to execute the Memorandum of Understanding on behalf of the City.

4. This resolution is effective immediately upon adoption. * * * * * * * *

EXHIBIT A

MADERA COUNTY
5150 RESPONSE

PROTOCOL
Effective
Since
2011
Revised 01/28/2025 2
MADERA COUNTY 5150 RESPONSE PROTOCOL

INTRODUCTION
The purpose of this protocol is to provide for a coordinated response and shared understandings by all Madera County stakeholders of the roles, accountabilities and systems guiding the care of 5150 patients. The ability to provide consistent care to those Madera County residents most in need is a value shared by all. While we recognize that resources will continue to be in ‘short supply,’ there is no shortage of possibilities when all community stakeholders come to the table with a single purpose…to ensure the best care possible for our 5150 patients.

This document is intended to provide that community framework for care.

DEFINITIONS
a. Lanterman-Petris-Short Act (1972): This act, written in 1967 and signed into law in 1972, was intended to provide a system of care in each community for persons with severe and/or acute mental health issues. This Act spells out the parameters for providing both voluntary and involuntary mental health treatments. b. Welfare & Institutions Code 5150: This section of the W & I code states that a person who, as a result of a mental disorder, is a danger to self, a danger to others, or gravely disabled may be held up to 72 hours for observation in a 5150-designated facility. Related sections include 5151 – 5157.
c. Designated facility: In California, each County Board of Supervisors is delegated the authority to designate one or more local acute care and/or psychiatric hospital(s) as a receiving site for 5150 patients. The site must be approved by the State’s Department of Health Care Services (DHCS) and be able to provide evaluation and initial care for psychiatric patients. Madera County is home to River Vista Behavioral Health, which is an Acute Psychiatric Hospital, and a 24-Hour designated facility. Madera County Department of Behavioral Health Services (BHS) also contracts with various designated acute care facilities to serve the community. d. Receiving facility: This distinction applies to hospitals and other facilities that are equipped to provide medical clearance and other acute care services to a psychiatric patient in an outpatient setting in preparation for that patient’s transfer to an inpatient psychiatric facility or discharge to outpatient care.
e. Hospitals: Madera Community Hospital and Valley Children’s Hospital are the only two acute care hospitals in Madera County.
f. California Forensic Medical Group (CFMG): This is the contract agency responsible for providing medical and psychiatric services to the inmates of the Madera County jail and Juvenile Hall.
g. Law enforcement: Includes those Madera County sworn peace officers working for municipal police departments, County Sheriff’s Department, and the California Highway Patrol.
h. Individuals designated to write 5150 applications in Madera County: Pursuant to Welfare & Institutions Code Section 5150, the following persons and organizations are authorized to involuntarily detain individuals:

Revised 01/28/2025 3
 All sworn peace officers for the County and cities within Madera County, including the California Highway Patrol.
 Designated attending staff at designated and non-designated facilities.  Additionally, the Madera County Department of Behavioral Health Services (BHS) Director has the authority to designate those who can initiate a 5150 hold in Madera County. Designation consists of training, testing and certification as a designated professional.
i. Medical clearance: The definition of ‘medically cleared’, as defined by this County, includes tests, screenings, and clinical observations that allow a medical professional to conclude that a patient is medically stable, does not require further inpatient acute care hospitalization, and is physically suitable to begin the 5150 evaluation process to determine if patient requires transfer to higher level of care (inpatient) or further psychiatric care at a lower level of care (outpatient basis). j. Psychiatric hospitals: Hospitals licensed in California to provide in-patient psychiatric care. River Vista Behavioral Health is an Acute Psychiatric Hospital, and a 24-Hour designated facility located in Madera County.
k. County jail/inmate: Any person booked, medically cleared and physically placed into the Madera County jail. The individual is physically housed in the County facility and is under the care and supervision of Madera County Department of Corrections staff and CFMG medical staff.
l. Penal Code Section 11166: States that a mandated reporter shall make a report to an agency specified in Penal Code Section 11165.9 whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows, or reasonably suspects has been the victim of child abuse or neglect. The mandated reporter shall make an initial report to the agency immediately or as soon as is practicably possible by telephone and the mandated reporter shall prepare and send, fax, or electronically transmit a written follow up report within 36 hours of the triggering event. m.Penal Code Sections 11165.1-11165.6: Defines child abuse and neglect to include the following: sexual abuse; physical abuse; child endangerment; failure to provide adequate care and supervision; failure to protect the child from malnutrition or failure to thrive; failure to provide adequate medical or mental health treatment; failure to provide adequate food, clothing, or shelter; emotional abuse; caretaker absence or incapacity; or causing a situation wherein the child’s physical well-being may be at risk. n. Penal Code Section 4011: States that, when determined by a judge, a prisoner confined in any city or county jail within the jurisdiction of the court who requires medical or surgical treatment necessitating hospitalization that cannot be provided by the city or county jail, the court in its discretion may order the movement of the prisoner to the county hospital (if one exists) or any hospital designated by such court.

It further states that it “shall be the duty of the sheriff or other official in charge of county correctional facilities to maintain the necessary guards, who may be private security guards, for the safekeeping of such prisoner, the expense of which shall be a charge against the county.”
o. CA Health and Safety Code 1799.111: States that a licensed acute care hospital that is not a designated facility is immune from liability if it detains a 5150 patient for up to 24 hours.

Revised 01/28/2025 4
p. Emergency Medical Treatment and Active Labor Act (EMTALA): Was enacted by Congress in 1986 to enhance access by all persons to emergency services and prohibit discrimination because of financial or insurance status. EMTALA is otherwise known as the hospital “Anti-Dumping” law.

COMMUNITY PARTNERS
a. Madera County Board of Supervisors
b. Madera County Department of Behavioral Health Services (BHS) c. Children’s Hospital Central California
d. Madera Community Hospital
e. California Forensic Medical Group (CFMG)
f. Madera County Sheriff’s Department
g. Madera Police Department
h. Chowchilla Police Department
i. Department of Social Services (CWS/APS/Public Guardian/Veteran’s Service Officer) j. California Highway Patrol
k. Central California Emergency Medical Services
l. Madera County Correctional Facilities/Custody Detention Staff

ASSUMPTIONS, GENERAL AGREEMENTS AND PRINCIPLES OF THIS COMMUNITY PROTOCOL

1. Mental health is a community responsibility. No single agency, organization or facility in the community has the resources, scope of services, or skill sets to address the challenges on their own. Madera County puts a high value on the respectful and collaborative process used to develop this protocol and is committed to using that same process as this protocol is implemented and refined over time.

2. Our shared goals are to ensure access to the right care at the right time in the right place...and to de-escalate every mental health intervention to best serve the consumer, the care providers, the children involved, and law enforcement. This commitment to ‘de-escalation’ will allow care to be provided with the most respect for an individual’s rights and capacity to choose.

3. We agree to leverage the competencies of our community partners and to share training and knowledge unique to each stakeholder for the benefit of the larger community.

4. We are committed to maintaining individual and community safety. At times, individuals may require voluntary or involuntary treatment in order to assure their safety and the safety of others.

5. We recognize that individuals who may be experiencing serious psychiatric crises and who also violate the law must be held legally accountable for their actions.

6. We recognize that individuals who may be experiencing serious psychiatric crises may also have acute physical conditions and stabilizing their physical/medical needs is a priority.

7. This 5150 protocol applies to Madera County residents. (Additional procedures are required when BHS staff are involved in finding placement of residents of other counties.) Revised 01/28/2025 5
ROLES AND RESPONSIBILITIES: LAW ENFORCEMENT (SHERIFF’S DEPARTMENT, MUNICIPAL POLICE AGENCIES [MADERA, CHOWCHILLA])
Reference: Madera Police Department Policy and Procedure Manual Madera County Sheriff’s Department Policy and Procedure Manual

1. According to the Welfare & Institutions code, peace officers are authorized to complete a 5150 application and to take a person into custody for a mental health evaluation and assessment in a facility designated by the County and approved by the State Department of Mental Health. As there is no facility in Madera County with the capabilities to provide the required mental health evaluation, assessment and/or treatment, peace officers in this County are authorized to take an individual into custody under this W & I code and transport them to the closest acute care hospital for medical clearance, assessment by a County-designated individual, and disposition to the appropriate inpatient or outpatient care centers.

2. Officer considerations and responsibilities
Any officer responding to or handling a call involving a suspected or actual mentally disabled individual should carefully consider the following:
 Individual’s need for emergency medical attention.
 Any available information which might assist in determining the cause/nature of the mental illness.
 Community resources which may be readily available to assist the individual.  Services available by Madera County BHS and how to access to include crisis mobile team.
 Whether the person has children in his/her care or in their primary residence.  Whether the behavior and condition of the person may be a risk to children.

3. Transportation of 5150 patients who require no further law enforcement action If the person requires medical attention:
 Transportation is by ambulance per established Central California EMSA policies. The officer will escort the patient into the facility and place that person in a treatment room or waiting area as directed by a hospital staff member. If the person does not require medical attention:
 Law enforcement may transport the individual directly to Madera Community Hospital or call ambulance as per their department policies. Role of law enforcement after patient’s arrival at the hospital:
 Law enforcement personnel will meet and confer with hospital security and/or lead staff to ensure a smooth transition and to discuss issues regarding patient elopement and/or safety risks and concerns. Law enforcement may remain with the patient in the hospital depending on necessity and remains available for call-back at any time once the officer leaves the premises should the hospital feel law enforcement presence is required for the safety of the patient, hospital staff and other hospital patients/visitors. If law enforcement has reason to believe children in the person’s care or primary residence are at risk of or have been subjected to abuse or neglect, law enforcement shall contact Child Welfare Services and make a report.

4. Patient elopements
Revised 01/28/2025 6
Coordination and communication between law enforcement agencies in regard to patients that leave against medical advice, elope, or that continue to be a risk following discharge is essential.
 Madera Police Department will be advised by Madera Community Hospital of 5150 patient elopements. They will respond to patient elopement calls regardless of the law enforcement agency that transported the patient to the hospital.
 Madera County Sheriff’s Department will be advised by Valley Children’s Hospital of 5150 patient elopements and will respond to patient elopement calls regardless of the law enforcement agency that transported the patient to that hospital.

5. Transportation of individuals who require subsequent law enforcement action (arrest, booking, incarceration, etc) who may also be a potential 5150 patient If the person requires medical attention:
 They are transported by ambulance according to the CCEMSA Destination Policy #547f
If the person does not require medical attention, and the officer is/will be placing a 5150 hold onto the individual or has reason to believe a 5150 hold will be placed on the individual:
 They are transported by law enforcement vehicle to the hospital emergency department for medical and/or mental health clearance. If after assessment and stabilization no 5150 hold is written, then upon medical clearance completion hospital emergency department will contact the detaining law enforcement agency for transport back to the county jail for booking. Role of law enforcement after patient’s arrival at the hospital:
 Law enforcement officer is to remain with the patient until a security staff member or designee becomes available to physically remain in the treatment room with the patient.

6. Upon arrival at Madera Community Hospital
 Patients accompanied by law enforcement personnel will be given priority after life & death, ambulance and other critically ill patients are cared for.  The goal is to provide medical clearance and mental health evaluation within 60 minutes of arrival whenever possible.
 Hospital staff will notify Madera County Behavioral Health Crisis Response regarding need for a 5150 evaluation after medical clearance has been completed.

7. Upon arrival at Valley Children’s Hospital
 Patients accompanied by law enforcement personnel will be given priority after life and death, ambulance and other critically ill patients are cared for.  Hospital staff will notify Madera County Behavioral Health Crisis Response regarding need for a 5150 evaluation after medical clearance has been completed.

ROLES AND RESPONSIBILITIES: COMMUNITY HOSPITALS
Revised 01/28/2025 7

1. Medical clearance
a. Medical evaluations of 5150 patients
 Individuals who are experiencing a psychiatric crisis and who are placed on a 5150 hold by law enforcement or other County-designated personnel are brought to the closest appropriate hospital’s Emergency Department (ED) for assessment, treatment and stabilization of their physical conditions.  They are treated with the same medical evaluation, physical assessments, and triage principles as applied to any ED patient.
 Until referred to another venue of treatment or discharged, each patient is under the primary care of the ED physician, unless otherwise noted.  For patients requiring transfer to an inpatient psychiatric facility, all require some level of medical clearance. The parameters of this clearance vary from facility to facility.
b. Patients requiring hospital admission
 If a patient under a 5150 hold is admitted into the hospital based on their medical condition, the 5150 hold is suspended.
 When that patient is ready for discharge from the hospital, medical personnel will complete a medical clearance and then contact Madera County Department of Behavioral Health Services (BHS) crisis staff.  Madera County Department of Behavioral Health Services (BHS) Crisis staff will respond within 1 hour or less whenever possible and re-assess the patient’s mental health status.
 If BHS crisis staff determine that the patient continues to meet criteria for a 5150 hold, BHS staff will write a new 5150 hold and coordinate admission of the patient into an appropriate designated psychiatric facility for a 72-hour treatment and evaluation. If, however, the criteria for a 5150 hold are no longer met, the patient and the 5150 hold will be discharged. c. Mental health evaluations of 5150 patients in the ED  Upon completion of the medical clearance ED nurse will notify Madera County Department of Behavioral Health Services (BHS) crisis staff of the need for a mental health evaluation.
 Madera County BHS staff will respond in 60 minutes or less whenever possible.
 Patient transfers or referrals to designated inpatient psychiatric facilities or releases to outpatient services will be facilitated by Madera County Department of Behavioral Health Services (BHS) staff but remains the responsibility of the sending medical facility in accordance with EMTALA. d. Accounting for the 72-hour hold time
 In order to ensure that all available time is afforded the patient for an appropriate assessment, a comprehensive evaluation, stabilizing treatment and observance of patients’ rights, and; In order to ensure the safety of the patient and the community; It remains the determination of Madera County BHS and the findings of the W&I Code Section 5150 and 5151 that the 72- hour hold time begins upon admission to an appropriate psychiatric facility designated by the County, and not before. If a patient is medically cleared and awaiting psychiatric placement for longer than 72 hours, the 5150 hold will need to be reassessed and a new 5150 will be written by Behavioral Health crisis worker as necessary and appropriate.

2. Documentation/medical record
Revised 01/28/2025 8
 Documentation will be done per hospital policy.
 Copies of the patient’s medical record will be sent with the patient upon transfer to a designated inpatient psychiatric facility, including the original 5150 application.
 For patients released to outpatient services, the original 5150 application will remain in the patient’s hospital medical record.

3. Role of hospital security staff and/or other hospital or contracted personnel This protocol acknowledges that the security capacity of each hospital in Madera County varies by physical space limitations, availability of security staff, security staffing on duty at various times of day, and other factors.

Hospital security staff and/or other assigned hospital personnel will:
 Ensure safety of the patient, the hospital staff, other patients, Madera County Behavioral Health team members and the community.
 Strongly encourage patient to stay and take reasonable steps to ensure patient does not leave, including use of an appropriate “sitter” or other assigned hospital staff if patient deemed to be a high risk.  Coordinate and communicate with law enforcement and Madera County Behavioral Health Crisis staff regarding any patient that leaves against medical advice, elopes or that continues to be at risk up to and following discharge.
 If patient becomes too dangerous or is unable to be detained, contact local police agency for additional assistance or call 911 if an emergency situation.  Should a patient who is to be brought to the hospital on a 5150 hold by law enforcement be found to possess a firearm or other deadly weapon, law enforcement will confiscate the weapon and follow Department policy and procedure to account for and secure that weapon before arriving at the hospital. For other patients who arrive by means other than law enforcement and are found to be in possession of a weapon, hospital security policies will apply.

4. Arranging for transportation of patient to accepting psychiatric facility Transportation to an accepting psychiatric facility is the responsibility of the sending medical facility in accordance with EMTALA.

ROLES AND RESPONSIBILITIES: MADERA COUNTY DEPARTMENT OF BEHAVIORAL HEALTH

1. Madera County Department of Behavioral Health will complete 5150 evaluations and applications.

2. Psychiatric evaluations and other services
Madera County Department of Behavioral Health Services (BHS) designated staff have the ability to complete mental health crisis assessments, 5150 applications, crisis interventions, and other emergency interventions for persons in Madera County as well as review, uphold and/or discontinue 5150 holds placed on individuals by other agencies.

3. Response locations
Revised 01/28/2025 9
Madera County Department of Behavioral Health Services (BHS) designated staff has the ability to complete mental health crisis assessments, crisis interventions, and 5150 evaluations in the following locations:
 In the Community within Madera County boundaries
 Madera Community Hospital
 Valley Children’s Hospital
 Madera County Department of Corrections
 Madera County Juvenile Hall

4. Response times (hours of operation, response times)
Madera County Department of Behavioral Health Services (BHS) will respond to requests for crisis evaluations to above response locations within one hour of request of evaluation. Madera County Department of Behavioral Health Services (BHS) will track compliance to this standard and will work to ameliorate impediments as possible.

Madera County Department of Behavioral Health Services (BHS) Crisis, Assessment, Response, and Evaluation Services (CARES) mobile team can be reached at any time 24/7/365 to respond to any location within Madera County boundaries by calling our access line (559) 395-0451 or Toll-Free line (888) 275-9779.

5. Perform W & I code 5150 evaluation
Complete mental health crisis assessment:
 In the course of completing the 5150 assessment, the Madera County Department of Behavioral Health Services (BHS) staff will complete a mental health crisis evaluation.
 Madera County Department of Behavioral Health Services (BHS) staff will consult with law enforcement, Child Welfare Services, and hospital staff, as appropriate, to obtain additional information about a patient which may be useful in the evaluation and subsequent treatment plan for the patient.  A copy of the crisis evaluation form is provided to medical facility for inclusion in their medical record (Attachment A).
To release an individual from a 5150 hold:
 If, after their assessment, the Madera County Department of Behavioral Health Services (BHS) staff determines that the individual does not meet the criteria for a 5150 application, they will discontinue the hold and inform patient regarding available community resources and link the patient to BHS to engage in ongoing services or to schedule a follow up appointment if already engaged with BHS
If individual meets criteria for a 5150 hold:
 If, after their assessment, the Madera County Behavioral Health staff determines that the individual meets the criteria for a 5150 hold, staff will work to locate an appropriate inpatient psychiatric facility to accept the patient.  If the person has children or there are children in the person’s primary residence, and there is a concern the person’s behavior or condition may place children at risk of abuse or neglect or abuse and neglect has occurred, Madera County Department of Behavioral Health Services (BHS) will make a report to Child Welfare Services.
Evaluation of hospital inpatients:
 When hospital staff requests a 5150 evaluation for those inpatients that are medically cleared and ready for discharge, Madera County Department of Revised 01/28/2025 10
Behavioral Health Services (BHS) staff will respond to those requests in the same way that they do to an ED request.
Arranging for transportation of patient to the accepting psychiatric facility:
 Madera County Department of Behavioral Health Services (BHS) will identify an appropriate psychiatric facility for patient in need of placement and arrange for admission to the facility. Coordination of transportation of the patient remains the responsibility of the sending medical facility as per EMTALA. Consult with medical staff re: medical clearance evaluation:
 Madera County Department of Behavioral Health Services (BHS) staff will, as appropriate, consult with the hospital physicians in determining medical clearance as it applies to the ability to transfer the patient to an inpatient psychiatric unit. If the accepting facility’s psychiatrist does not concur with the medical clearance, the treating hospital will maintain responsibility for the disposition of the patient until such time that the medical clearance is agreed upon. Madera County Department of Behavioral Health Services (BHS) staff may facilitate a physician-to-physician consultation.

6. Develop appropriate after-care plan for individuals who do not meet 5150 hold criteria
Consult with individual/family members.
Refer to appropriate outpatient treatment services (e.g. of Behavioral Health Services, private insurance providers, other social services agencies as appropriate).
Consult with hospital staff.
Documentation of criteria determined and after care plan.

7. While at designated medical & correctional facilities Provide mental health information and training to facility staff regarding mental health concerns of the patient, as appropriate.
Provide input useful to hospital security staff in maintaining safe environment for all.
There may be sharing of pertinent mental health and medical information between parties in order to best meet the needs of the patient and coordinate care in accordance with HIPPA.

ROLES AND RESPONSIBILITIES: MADERA COUNTY CHILD WELFARE SERVICES (CWS)

1. Child Welfare Services will accept all referrals called in to the Agency as part of this protocol.

2. Child Welfare Services shall assess the nature of the referral and decide whether an inperson response is needed. Child Welfare Services shall respond in every instance when law enforcement requests an in-person response.

3. Child Welfare Services shall partner with all parties in this protocol as needed to conduct interviews with the person and his/her children to determine whether risk of abuse or neglect is evident or abuse or neglect has occurred.

Revised 01/28/2025 11

4. Child Welfare Services shall assist Madera County Department of Behavioral Health Services (BHS) with obtaining the necessary consents to release information on the person.

5. Child Welfare Services shall retain children in temporary care, custody and control if determined to be necessary by law enforcement or by the Social Services Worker conducting the investigation.

6. Child Welfare Services shall be responsible for transporting and placing any detained children.

7. Child Welfare Services shall share information and collaborate with Madera County Department of Behavioral Health Services (BHS), law enforcement, and hospitals on the person’s treatment needs, discharge, case planning, and any services needed for the person whether the family has a voluntary or court ordered case plan with CWS.

ROLES AND RESPONSIBILITIES: MADERA COUNTY JAIL & CONTRACTED JAIL MEDICAL STAFF (CFMG)
Reference: CFMG Madera County Adult Facilities Policy and Procedure Manual– Pre-Detention, Medical Evaluation/Intake, Health Screening & Mental Health Services.

1. Initial physical and mental health screening on inmates It is the policy of the jail medical program that no arrestee who displays obvious signs of trauma or acute illness or who reports a history of recent trauma or whose circumstances of arrest suggests the probability of trauma be incarcerated without first undergoing medical evaluation.
All new inmates shall be observed and queried for signs/presence and history of mental illness, including suicidal behavior/ideations, and use of medication for psychiatric treatment as part of the intake health screening completed by trained custody staff. Any inmate exhibiting or testifying to presence or history of mental illness is referred to health services staff for further evaluation.

2. Inmates who require 5150 evaluation
For on-site crisis evaluation for patients who are in-custody inmates of the Madera County jail, Madera County Department of Behavioral Health Services (BHS) staff is contacted to conduct 5150 assessments on inmates.
If the inmate is found to meet the criteria for a 5150 hold by Madera County Department of Behavioral Health Services (BHS) staff, CFMG personnel, Madera County Department of Corrections personnel and Madera County Department of Behavioral Health Services (BHS) staff will work together to secure any additional medical clearance that is necessary for admission into a designated psychiatric facility. Securing an appropriate inpatient placement will be the responsibility of Madera County Department of Behavioral Health Services (BHS) staff. For the purposes of this protocol, an appropriate inpatient placement will require collaboration between Madera County Department of Behavioral Health Services (BHS), Madera County Department of Corrections and to ensure that the safety of the inmate or custody staff is not compromised, and no additional liability or risk is placed on any of the parties.

3. Medical clearance prior to inpatient psychiatric placement out of custodial facility Revised 01/28/2025 12
CFMG staff, if and when possible, may provide the necessary medical clearance needed for inpatient psychiatric placement of an inmate. The ability to perform the medical clearance screening will be dependent upon, but not limited to, the following:
 The availability of appropriate diagnostic equipment.  The availability/capability of staff.
 The known medical history of the individual.
 Results of consultation with the CFMG Medical Director and/or CFMG psychiatrist.
 Admission criteria of the accepting psychiatric facility. Madera County Department of Behavioral Health Services (BHS) staff will assist in the facilitation of the CFMG medical clearance documentation with the accepting psychiatric facility.
Transportation out of the custody facility to an inpatient psychiatric facility will remain the responsibility of the Madera County Department of Corrections but will be done in collaboration with Madera County Department of Behavioral Health Services (BHS) staff.
For inmates that require acute medical stabilization beyond the capabilities of onsite resources in addition to needing a 5150 assessment, those individuals will be transported by ambulance or the Madera County Department of Corrections, depending on the inmate’s condition and other factors, to the Madera Community Hospital Emergency Department for medical intervention. Madera County Department of Behavioral Health Services (BHS) staff will be contacted by CFMG and directed to meet the patient at the ED to complete the mental health assessment. The Custodial Shift Supervisor or his/her designee will be contacted to process the documents required for transfer. Per this protocol, a sworn law enforcement officer or Department of Corrections contracted security personnel will remain with the inmate during this process.
If, after medical clearance and the mental health assessment by the Madera County Department of Behavioral Health Services (BHS) staff, an inmate is found to no longer meet the criteria for a 5150 hold, the 5150 hold is lifted and the patient is transported by the Madera County Department of Corrections back to the County jail.
If, after medical clearance, the inmate still requires an inpatient psychiatric placement, the inmate will be transported back to the Department of Corrections where the Madera County Department of Behavioral Health Services (BHS) staff will expedite the individual’s transfer to an accepting facility as soon as possible to reduce the inmate’s wait time and to minimize safety risks to visitors, inmates and staff; and to ensure that the inmate receives the higher level of care as soon as possible.

ROLES AND RESPONSIBILITIES: AMBULANCE SERVICES/COUNTY EMS

1. Transport of individuals to medical facilities
Within Madera County, this is consistent with CCEMSA Destination Policy #547

2. Transport of individuals to in-patient psychiatric facilities Within Madera County, this is consistent with CCEMSA Destination Policy #547

TRAINING

1. The community partners on this protocol agree to ensure that all agency personnel involved in carrying out the agreements shall be trained in this response protocol.

Revised 01/28/2025 13

2. The community partners agree to establish a training plan/calendar for all agency personnel on issues dealing with this 5150 protocol and other related mental health issues and to share in the delivery of that training based on their respective areas of expertise.

3. Madera County law enforcement agencies and Child Welfare Services will have the opportunity to participate in Crisis Intervention Team Training as it is available.

4. In accordance with this community protocol, all parties shall verify and ensure that its employees and agents are in good standing with their boards of licensure or certification; shall verify and ensure that its employees and agents have the appropriate education, knowledge, experience and clinical competency, commensurate with their responsibilities and job duties.

QUALITY REVIEW AND IMPROVEMENT PROCESSES

1. A Madera County 5150 Work Group will be formed with representation from all community stakeholders and will agree to meet at least annually to address issues including, but not limited to, this protocol; process improvement opportunities; case study reviews for training purposes; and related mental health issues that arise in the community.

ATTACHMENTS/LINKS
CCEMSA Destination Policy #547
Attachment A - MH Crisis Evaluation Form
Approved as to Legal Form:

COUNTY COUNSEL
By: _____________________________
Regina Garza, County Counsel
Approved as to Form

RISK MANAGEMENT
By: _____________________________
Darin McCandless, Deputy CAO
Revised 01/28/2025 14
Attachment A

MADERA COUNTY

BEHAVIORAL HEALTH SERVICES
Administration
P.O. BOX 1288
CHRISTINE DOSS, LCSW MADERA, CA 93639-1288
DIRECTOR OF BEHAVIORAL HEALTH SERVICES PHONE (559) 395-0451 •MENTAL HEALTH DIRECTOR FAX (559)
•ALCOHOL/DRUG PROGRAM ADMINISTRATOR CONFIDENTIAL CLIENT INFORMATION FAX (559) 661-2818

HOSPITAL CRISIS EVALUATION
Patient Name:

Referring Physician:
5150, see attached 5150 Evaluation Form
Refused Services
Not 5150
Mental Status:

Resolution/Referral:

Crisis Worker Date Time
Revised 01/28/2025 15
ACCESSING THE MENTAL HEALTH SYSTEM:

CITIZEN / CONSUMER MEETS LAW ENFORCEMENT
Law enforcement receives:
 Call from family / friend / consumer (self) / community member or agency.  Call due to suspected criminal activity.
 Call due to known criminal activity.
 Call from jail.

Law enforcement responds to a call and finds a person who… Needs medical care;
no further law
enforcement action;
5150 hold written by
law enforcement
Needs medical care; subsequent
law enforcement action for a
felony *(arrest, booking, etc.);
5150 hold written by law
enforcement.
*Misdemeanors are usually cited
out; law enforcement called
when patient is released.

Needs no medical care;
no further law
enforcement action; 5150
hold written by law
enforcement
Madera Community
Hospital
Valley Children’s
Hospital
For Medical Clearance
Law enforcement**
may transports or
arrange for ambulance
for consumers who
have a 5150 hold but
no other indications to:
[**protocol varies by
agency]
Call for EMS
transport (law
enforcement
follows) Call for EMS
transport (law
enforcement follows)
Patient admitted for inpatient
treatment
* 5150 suspended upon
hospital admission
* Law enforcement/contracted
agency remains with patient.

Patient seen / treated
in ER and released
back to jail / SO law
enforcement/contract
ed security remains
with patient.

Patient treated, stabilized,
cleared; hospital calls
Madera County BHS; BH
assesses patient; lifts 5150
hold if appropriate and / or
works to find placement /
community resources for
most appropriate level of
care.

Patient ready for discharge
to jail/cited out or inpatient
psychiatric facility.

If patient becomes violent or
unmanageable in ED, call local
police to respond (not original
officer / agency)

MCH/VCH
for medical
clearance
Arrested but requires
no additional medical
screening or mental
health care at that
point
Transport to jail
for booking
Initial health
screening by
CFMG
Safety, sobering
regular cell (then
return to jail
population when
safe to do so)
Jail refuses booking
due to medical/MH
issue;
only option for
patient is ED

MCH/VCH
Inpatient medical cleared;
BHS contacted for patient
evaluation.

BHS Assesses
Revised 01/28/2025 16
ACCESSING THE MENTAL HEALTH SYSTEM:

BHS CLINIC REFERRALS, WALK-IN OR SELF-REFERRAL
CLINIC: ER:

Madera County
Department of Behavioral
Health Services Crisis
staff determines that an
individual requires a 5150
hold
Consumer self-refers to
ED
Hospital ED for medical
clearance
-- Role of hospital security –
hospital security as needed.
-- Hospital calls 911 if patient
becomes violent or out of control
Patient treated, stabilized,
cleared; hospital calls
Madera County BHS; BH
assesses patient and makes
determination to uphold,
implement or lift the 5150
application
If 5150 upheld, BHS works
to find appropriate
designated facility
If Madera County
Department of Behavioral
Health Services determines
that the 5150 can be lifted,
rescinds it and links patient to
community resources (FSP,
outpatient services, etc.)
Call for EMS
transport.

Inpatient medical treatment
required: patient admitted
to hospital.

In absence of 5150 (consumer
walk in) hospital calls law
enforcement for 5150 or may
detain patient up to 24 hours
as per SB 916.

Revised 01/28/2025 17

SIGNATURES OF COUNTY PARTNERS TO THIS PROTOCOL
Madera County Behavioral Health Services
Signature Date
Name: Christine Doss, LCSW
Title: Director of Behavioral Health Services
Madera County Probation Department
Signature Date
Name: Chris Childers
Title: Chief Probation Officer
Madera County Department of Social Services
Signature Date
Name: Deborah Martinez
Title: Director of Social Services
Madera County Sheriff’s Department
Signature Date
Name: Tyson Pogue
Revised 01/28/2025 18
Title: Sheriff - Coroner

SIGNATURES OF COMMUNITY PARTNERS TO THIS PROTOCOL
(Continued)
California Highway Patrol-Madera
Signature Date
Name: Sean Haller
Title: Lieutenant Commander, Madera Area
Children’s Hospital Central California
Signature Date
Name: Todd Suntrapak
Title: President & Chief Executive Officer
Chowchilla Police Department
Signature Date
Name: Jeffrey Palmer
Title: Chief of Police
Madera County Community Hospital
Signature Date
Name: Steve Stark
Revised 01/28/2025 19
Title: Chief Executive Officer

SIGNATURES OF COMMUNITY PARTNERS TO THIS PROTOCOL
(Continued)
City of Madera Police Department
Signature Date
Name: Giachino Chiaramonte
Title: Chief of Police
Pistoresi Ambulance Service
Signature Date
Name: Ted Pistoresi
Title: Owner, General Manager
Oakhurst Area CHP
Signature Date
Name: Chris Albanese
Title: Lieutenant Commander

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: February 19, 2025
_________________________________ Agenda Number: ___________ Wendy Silva, Human Resources Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Assignment of an Airport Ground Lease Agreement between the City of Madera and WSD, LLC, to Wood Cattle Company, LLC
RECOMMENDATION:

Adopt a resolution approving the assignment of an airport ground lease agreement dated February 19, 2025, between the City of Madera and WSD, LLC, to Wood Cattle Company, LLC SUMMARY:

In July 2020, WSD, LLC, entered a ground lease agreement for airport property and thereafter constructed an aircraft hangar. David E. Wood, the manager and sole member of WSD, LLC, wishes to assign the lease to another entity of which he is also the manager and sole director, Wood Cattle Company, LLC, due to reorganizing his business operations.

DISCUSSION:

On July 15, 2020, David E. Wood, manager and sole director of WSD, LLC, entered a ground lease agreement with the City of Madera for airport property to construct an aircraft hangar and thereafter constructed one. Mr. Wood owns and manages several business entities, and due to reorganizing his business operations, he seeks the City's consent to assign the lease to another entity of which he is also the manager and sole director, Wood Cattle Company, LLC. Staff have confirmed the membership of those business entities with the California Secretary of State. Other than the change in lessee name, no other changes to the lease are requested, thus all terms and conditions will remain the same.

Because the lease agreement requires prior written consent from the City to be assigned, Mr.

Wood seeks the City's consent. The Federal Aviation Administration leaves governance of local airport matters, such as assignments, to local jurisdictions, and does not review aeronautical lease agreements nor is FAA approval required prior to entering a lease. A diagram of the hangar's location at the airport is shown below.

B-9
Figure 1. Subject Lease Location
FINANCIAL IMPACT:

The proposed assignment will not have any fiscal impact on the Airport Fund.

ALTERNATIVES:

The City Council may elect not to approve the assignment of the lease from WSD, LLC, to Wood Cattle Company, LLC.

ATTACHMENTS:

1. Resolution
a. Exhibit 1: Assignment, Assumption, and Consent to Assignment of Lease Agreement–Airport Property (WSD, LLC, July 15, 2020)

2. Lease Agreement – Airport Property Between the City of Madera and WSD, LLC Attachment 1: Resolution
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING THE ASSIGNMENT OF AN AIRPORT GROUND

LEASE AGREEMENT BETWEEN THE CITY OF MADERA AND WSD, LLC, TO

WOOD CATTLE COMPANY, LLC
WHEREAS, the City of Madera ("City") and WSD, LLC, were parties to a lease agreement for airport property dated July 15, 2020; and
WHEREAS, WSD, LLC, wishes to assign the lease to Wood Cattle Company, LLC; and WHEREAS, Wood Cattle Company, LLC, wishes to assume the lease; and WHEREAS, prior written consent from the City is required to assign the lease.

NOW THEREFORE, THE COUNCIL OF THE CITY OF MADERA, hereby resolves, determines, finds, and orders as follows:

1. The above recitals are true and correct.

2. The City Council approves the Assignment, Assumption and Consent to Assignment of Lease Agreement – Airport Property (WSD, LLC, July 15, 2020), attached as Exhibit 1 and incorporated herein.

3. This resolution is effective immediately upon adoption. * * * * * * * *
Exhibit 1: Assignment, Assumption, and Consent to Assignment of Lease Agreement—Airport Property (WSD, LLC, July 15, 2020)
01425.0001/975537.1
Recording Requested by and
When Recorded Return to:

City of Madera
Madera Municipal Airport
4020 Aviation Drive
Madera, California 93637
(Space Above This Line for Recorder’s Office Use Only)

ASSIGNMENT, ASSUMPTION AND CONSENT TO ASSIGNMENT OF
LEASE AGREEMENT – AIRPORT PROPERTY
(WSD, LLC, JULY 15, 2020)
This Assignment, Assumption And Consent To Assignment Of Lease Agreement – Airport Property (WSD, LLC, July 15, 2020) ("Assignment") is entered into as of this 19th day of February, 2025 ("Effective Date"), by and between WSD, LLC, a California limited liability company ("Assignor"), and Wood Cattle Company, LLC, a California limited liability company ("Assignee"), and the City of Madera, a municipal corporation ("City").

RECITALS
A. City and Assignor are parties to that certain Lease Agreement – Airport Property (WSD, LLC, July 15, 2020) dated July 15, 2020, and recorded July 31, 2020, as Instrument No. 2020017824 of Official Records of Madera County, California (the "Agreement"). Capitalized terms used but not otherwise defined herein shall have the meaning ascribed to such terms in the Agreement.

B. The Agreement provides for the lease of certain real property and development of the property depicted and legally described in Exhibits "A" and "B" of the Agreement ("Premises").

C. Pursuant to Section 11 of the Agreement, Assignor (referred to as "Tenant" in the Agreement) may assign the Agreement to another only upon City’s approval of an assignment and assumption agreement.

D. Assignor now desires to transfer to Assignee all of Assignor’s interest in the Property, along with all of Assignor’s rights and obligations under the Agreement, and Assignor and Assignee desire to obtain City’s specific consent to such transfer.

E. Assignor and Assignee hereby represent to City that Assignee shall perform all obligations of Assignor under the Agreement, and that Assignee (i) has the financial strength and 01425.0001/975537.1
2 capability to perform such obligations and (ii) has sufficient experience and expertise in the planning, financing, development, ownership, and operation of similar projects.

F. Based upon such representation, City wishes to consent to such transfer subject to the terms of this Assignment.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City, Assignor and Assignee agree as follows:

1. Representations. Assignor and Assignee represent and certify the following:
a. That all of the above recitals are true and correct. b. To the best of Assignor’s knowledge, no default presently exists under the Agreement and no state of facts exist which would constitute a default under the Agreement.

2. Assignment of Agreement. Assignor hereby assigns, sells, and conveys and otherwise transfers to Assignee all of Assignor's interests, title, rights, and obligations under the Agreement. This assignment shall be effective on the Effective Date, as first written above, provided that City consents thereto as evidenced by its execution of this Assignment in the space set forth below.

3. Assumption of Agreement. Assignee hereby accepts all of Assignor's interests, rights and obligations under the Agreement and assumes and agrees to perform all of Assignor's corresponding obligations, terms, covenants, and conditions under the Agreement on, from and after the Effective Date. Assignee acknowledges that (i) it has received a copy of the Agreement and is fully familiar with its terms, and (ii) City has made no representations concerning the Agreement except as expressly provided herein. Assignee also acknowledges that the term of the Agreement expires December 1, 2049, as set forth in greater detail in Section 2 of the Agreement.

4. Replacement Insurance. Concurrent with execution, Assignee shall provide replacement insurance as required by Section 18 of the Agreement.

5. Full Force and Effect. The parties further agree that, except as specifically provided in this Assignment, the terms of the Agreement shall remain unchanged and in full force and effect.

6. No Effect on Other Agreements. This Assignment is only as to the Agreement identified above, and shall not be construed to affect any obligations or contract involving any other site or location.
01425.0001/975537.1
3 7. Governing Law. This Assignment shall be construed and enforced in accordance with the laws of the State of California and any legal action shall be brought in a court of competent jurisdiction in Madera County.

8. Due Execution. The person(s) executing this Assignment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Assignment on behalf of said party, (iii) by so executing this Assignment, such party is formally bound to the provisions of this Assignment, and (iv) the entering into this Assignment does not violate any provision of any other agreement to which said party is bound.

IN WITNESS WHEREOF, the parties have executed and entered into this Assignment as of the Effective Date.

ASSIGNOR:

WSD, LLC, a California limited liability
company
ASSIGNEE:

WOOD CATTLE COMPANY, LLC, a
California limited liability company
*By ________________________________ *By ______________________________ Name: ___________________________
Title:_____________________________
Dated: _____________________________
Name: ___________________________
Title:_____________________________
Dated: ___________________________
* Notary acknowledgment required for
signatures.
(City’s Consent to Assignment on next page)
01425.0001/975537.1
4 CONSENT TO ASSIGNMENT
City hereby consents to the foregoing assignment to Assignee of Assignor's interests, rights and obligations set forth in the Agreement, and the corresponding acceptance thereof and assumption by Assignee of Assignor's corresponding interests, obligations, terms, covenants, and conditions made under the Agreement subject to all of the terms, covenants, and conditions set forth in this Assignment.

CITY OF MADERA,
a California municipal corporation
*____________________________
Cecelia K. Gallegos, Mayor
ATTEST:
__________________________
Alicia Gonzales, City Clerk
APPROVED AS TO FORM:
________________________
Shannon Chaffin, City Attorney
01425.0001/975537.1
5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF MADERA
On ________________________, 2025 before me, ______________________________, personally appeared ______________________________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 01425.0001/975537.1
6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

Attachment 2: Lease Agreement – Airport Property Between the City of Madera and WSD, LLC

First Amendment to Solar Power & Services Agreement Between SunE GIL1, LLC, and the City of Madera
RECOMMENDATION:

Adopt a resolution approving the First Amendment to Solar Power & Services Agreement between SunE GIL1, LLC, successor-in-interest to SunEdison Origination1, LLC, and the City of Madera
SUMMARY:

In 2009 SunEdison Origination1, LLC ("SunEdison") installed a leased solar array that tied into the Wastewater Treatment Plant (WWTP). In 2021 ENGIE Services, U.S., Inc. (ENGIE) began the installation of a City-owned solar array that also tied into the WWTP. The switchgear installed by SunEdison was upgraded by ENGIE to accommodate the combined loads from the two solar arrays. When City staff notified SunE GIL1, LLC, ("SunE GIL1") successor-in-interest to SunEdison, that their system needed to be turned off to install the upgraded switchgear, they reviewed the matter and requested to amend their original agreement by removing the switchgear from their covered equipment. As the new equipment was installed by ENGIE and is now part of the equipment covered under the agreement between the City and ENGIE for comprehensive energy upgrades, the portion of the SunEdison agreement relative to the switchgear is no longer applicable, leading to the request for an amendment.

DISCUSSION:

In 2009 the City desired to provide solar power electrical generation capability at the WWTP, and in August 2009, the City Council approved a 20-year lease agreement with SunEdison to install a solar array. Thereafter, SunEdison installed the solar array and electrical panel switchgear. SunE GIL1 is the current successor-in-interest to SunEdison.

In 2018 the City Council approved an agreement with ENGIE to develop an energy-conservation and retrofit plan for multiple City facilities that would save money by consuming less energy and B-10
improve the sustainability of City operations. After the comprehensive plan was developed, the City Council approved an agreement with ENGIE and upgrades to 21 City facilities are nearing completion with higher efficiency lighting, HVAC upgrades, electric vehicle charging stations, solar streetlighting, and solar arrays throughout the City. Two new City-owned solar arrays were installed at the WWTP; one tied into the WWTP and the other tied into the utility grid to generate energy credits that lower the City's overall electric bill. The performance of the arrays is guaranteed to meet certain output levels for 20 years under a Savings Guarantee in the ENGIE agreement (Attachment 3: Energy Services Contract, pages 47-48). During the installation of the array that tied into the WWTP, ENGIE noted that the original electrical switchgear installed by SunEdison in 2009 would be inadequate to handle the combined electrical loads from both the SunEdison solar array and the newer ENGIE solar array. To accommodate the combined electrical loads from both solar arrays that tie into the WWTP, the City authorized ENGIE to upgrade the switchgear that had been installed by SunEdison in 2009.

Due to SunEdison's original switchgear being removed and replaced with newer switchgear specified by ENGIE, SunE GIL1 requests that their 2009 agreement be amended by removing the coverage of the switchgear as a warranted item. However, SunEdison will still be responsible for ensuring that the rest of their system is working per their original agreement from 2009. The upgraded switchgear and the solar array installed by ENGIE will be warranted by ENGIE to meet certain output levels for 20 years. Because this amendment will better clarify the responsibility of each installer towards the solar arrays and switchgear, staff recommends approval of this amendment. The First Amendment to Solar Power & Services Agreement references the City’s interconnection agreement with PG&E; this interconnection agreement is provided as Attachment 4 for reference.

FINANCIAL IMPACT:

There is no financial impact to the City.

ALTERNATIVES:

The City Council may elect not to approve the amendment.

ATTACHMENTS:

1. Resolution
a. Exhibit 1: SunE GIL1, LLC, First Amendment to Solar Power & Services Agreement

2. 2009 SunEdison Origination1, LLC, Solar Power & Services Agreement

3. 2019 ENGIE Energy Services Contract

4. PG&E Generating Facility Interconnection Agreement (Multiple Tariff NEM2MT) Attachment 1: Resolution
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING THE FIRST AMENDMENT TO SOLAR POWER & SERVICES AGREEMENT BETWEEN SUNE GIL1, LLC, SUCCESSOR-ININTEREST TO SUNEDISON ORIGINATION1, LLC, AND THE CITY OF MADERA
WHEREAS, the City of Madera ("City") and SunEdison Origination1, LLC, ("SunEdison") were parties to a lease agreement to install a solar array; and WHEREAS, the City of Madera later authorized ENGIE Services, U.S., Inc. ("ENGIE"), to install a second solar array; and
WHEREAS, the combined loads from the two arrays required ENGIE to upgrade the switchgear that was originally installed by SunEdison; and WHEREAS, SunE GIL1, LLC, ("SunE GIL1") is the successor-in-interest to SunEdison; and WHEREAS, SunE GIL1 desires to amend the original agreement to remove their warranty coverage of the new ENGIE switchgear from SunE GIL1's warranted system; and WHEREAS, ENGIE will cover the switchgear and the solar array they installed with a 20- year Savings Guarantee; and
WHEREAS, a First Amendment to the Solar Power & Services Agreement between SunE GIL1 and the City of Madera has been prepared that is in the best interests of both the City and SunE GIL1.

NOW THEREFORE, THE COUNCIL OF THE CITY OF MADERA, hereby resolves, determines, finds, and orders as follows:

1. The above recitals are true and correct.

2. The City Council approves the First Amendment to Solar Power & Services Agreement between SunE GIL1, LLC, successor-in-interest to SunEdison Origination1, LLC, and the City of Madera, attached as Exhibit 1 and incorporated herein.

3. This resolution is effective immediately upon adoption. * * * * * * * *
Exhibit 1: First Amendment to Solar Power & Services Agreement 01425.0022/971377.1

FIRST AMENDMENT TO

SOLAR POWER & SERVICES AGREEMENT
This First Amendment to Solar Power & Services Agreement, dated as of September __, 2024 (the “Amendment”), between SunE GIL1, LLC, successor-in-interest to SunEdison Origination1, LLC, a Delaware limited liability company (as successor to SunEdison Origination1, LLC, “Provider”), and City of Madera, CA (“Purchaser,” and together with Provider, the “Parties,” and each, a “Party”).

RECITALS
WHEREAS, the Parties have entered into that certain Solar Power & Services Agreement, dated as of August 19, 2009 (as amended or otherwise modified from time to time in accordance with its provisions, the “Existing Agreement,” which is attached hereto as “Attachment 1”); and WHEREAS, the Parties desire to amend the Existing Agreement to reflect the installation of a neighboring photovoltaic system on the terms and subject to the conditions set forth herein; and WHEREAS, pursuant to Section 18.2 of the Existing Agreement, the amendments contemplated by the Parties must be contained in a written agreement signed by an authorized representative of each Party.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Definitions. Capitalized terms used and not defined in this Amendment have the respective meanings assigned to them in the Existing Agreement.

2. Amendments to the Existing Agreement. As of the Amendment Effective Date (as defined in Section 3), the Existing Agreement is hereby amended or modified as follows:
(a) Section 1.1 of the Existing Agreement is hereby amended by inserting the following new definitions in the appropriate alphabetical order:
“Adjacent System” means the approximately 1,078.9 KWDC
fixed-tilt photovoltaic system installation along Avenue 13 at about 13048 Road 21 ½ in Madera California.
“Adjacent System Installation” means the construction,
installation, start-up, testing and commissioning of the Adjacent System. “Adjacent System Operations” means the operations of the Adjacent System.
6 01425.0022/971377.1 2
“Coordination Study” has the meaning set forth in Section

7.2(g).
“Interconnection Drawing” means that certain Sheet
Number E-600 of WWTP NEM As-Built drawings provided by the owner of the Adjacent System and attached hereto as Schedule 6 to Exhibit C. “Revised Interconnection Agreement” means that certain
Interconnection Agreement on the utility’s standard form to be executed by Purchaser in connection with the Adjacent System Installation. “Switch” has the meaning given in Schedule 1 of Exhibit C. (b) Section 4.3(b) of the Existing Agreement is hereby amended to read as follows (additions underlined; deletions in strikethrough):
(b) System Disruptions. In the event that any act or omission of Purchaser or Purchaser’s employees, Affiliates, agents or subcontractors (collectively, a “Purchaser Act”) or the Adjacent System Installation or Adjacent System Operations results in a disruption or outage in System production, then, in either case, Purchaser shall (i) pay Provider for all work required by Provider to disassemble or move the System and (ii) continue to make all payments for the Solar Services during such period of System disruption (the “Disruption Period”), and (iii) reimburse Provider for any other lost revenue during the Disruption Period, including any lost revenue associated with any reduced sales of Environmental Attributes and any reduced Solar Incentives during the Disruption Period. For the purpose of calculating Solar Services Payments and lost revenue for such Disruption Period, Solar Services shall be deemed to have been produced at the average rate over the preceding twelve (12) months (or, if the disruption occurs within the first twelve (12) months of operation, the average over such period of operation). (c) Section 7.2(g) of the Existing Agreement is hereby added to read as follows: :
(g) Coordination study. Purchaser shall ensure that a breaker coordination study (the “Coordination Study”) is performed by a professional engineer which specifies how each overcurrent device within the System and the Adjacent System will be set in order to properly protect the System and all associated equipment. The Coordination Study shall include a list of settings for all applicable overcurrent devices, and Purchaser or its third-party contractor shall be responsible for implementing those settings. A copy of the Coordination Study shall be provided to the Provider to allow for safe and proper maintenance of the System in conjunction with the Adjacent System.
(d) Section 12.2 of the Existing Agreement is hereby amended to read as follows (additions underlined; deletions in strikethrough):
01425.0022/971377.1 3

12.2 A Party’s maximum liability to the other Party under the Agreement, shall be limited to the aggregate Estimated Remaining Payment as of the date of the events giving rise to such liability, provided, however, the limits of liability under this Section 12.2 shall not apply with respect to (i) indemnity obligations hereunder in respect of personal injury, intellectual property infringement claims, or claims related to the Adjacent System Installation, Adjacent System Operations or Revised Interconnection Agreement, and (iii) any obligation of Purchaser to pay the Early Termination Fee.
(e) Section 16.2 of the Existing Agreement is hereby amended to read as follows (additions underlined; deletions in strikethrough):

16.2 Purchaser’s Indemnity. Subject to Section 12, Purchaser agrees that it shall indemnify and hold harmless Provider, its permitted successors and assigns and their respective directors, officers, members, shareholders and employees (collectively, the “Provider Indemnified Parties”) from and against any and all Losses incurred by the Provider Indemnified Parties to the extent arising from or out of any claim for or arising out of any injury to or death of any Person or loss or damage to property of any Person to the extent arising out of Purchaser’s negligence or willful misconduct or the Adjacent System Installation, Adjacent System Operations, or entry by Purchaser into the Revised Interconnection Agreement. Purchaser shall not, however, be required to reimburse or indemnify any Provider Indemnified Party for any Loss to the extent such Loss is due to the negligence or willful misconduct of any Provider Indemnified Party
(f) Schedule 1 of Exhibit C of the Existing Agreement is hereby amended by inserting after the words “IEEE 1547 qualified” the following:
“The System shall comprise all components on the photovoltaic-facing side of the UTYDS-1 2500A Bolted Pressure Switch designated with the letter “(E)” for “Existing” in the Interconnection Drawing (the “Switch”), up to and including the cables exiting such switch. For the avoidance of doubt, Purchaser owns the Switch and shall bear all responsibility for operating and maintaining the Switch and the terminations within it.” (g) A new Schedule 6 to Exhibit C shall be added to the Existing Agreement in the form attached hereto as Attachment 2.

3. Date of Effectiveness; Limited Effect. This Amendment will be deemed effective as of October 2, 2023 (the “Amendment Effective Date”). Except as expressly provided in this Amendment, all of the terms and provisions of the Existing Agreement are and will remain in full force and effect and are hereby ratified and confirmed by the Parties. Without limiting the generality of the foregoing, the amendments contained herein will not be construed as an 01425.0022/971377.1 4
amendment to or waiver of any other provision of the Existing Agreement or as a waiver of or consent to any further or future action on the part of either Party that would require the waiver or consent of the other Party. On and after the Amendment Effective Date, each reference in the Existing Agreement to “this Agreement,”“the Agreement,”“hereunder,”“hereof,”“herein,” or words of like import, and each reference to the Existing Agreement in any other agreements, documents, or instruments executed and delivered pursuant to, or in connection with, the Existing Agreement, will mean and be a reference to the Existing Agreement as amended by this Amendment.

4. Representations and Warranties. Each Party hereby represents and warrants to the other Party that:
(a) It has the full right, power, and authority to enter into this Amendment and to perform its obligations hereunder and under the Existing Agreement as amended by this Amendment.
(b) The execution of this Amendment by the individual whose signature is set forth at the end of this Amendment on behalf of such Party, and the delivery of this Amendment by such Party, have been duly authorized by all necessary action on the part of such Party.
(c) This Amendment has been executed and delivered by such Party and (assuming due authorization, execution, and delivery by the other Party) constitutes the legal, valid, and binding obligation of such Party, enforceable against such Party in accordance with its terms, except as may be limited by any applicable bankruptcy, insolvency, reorganization, moratorium, or similar laws and equitable principles related to or affecting creditors’ rights generally or the effect of general principles of equity.

5. Miscellaneous.
(a) This Amendment is governed by and construed in accordance with the laws of the State of California, without regard to the conflict of laws provisions of such State.
(b) This Amendment shall inure to the benefit of and be binding upon each of the Parties and each of their respective permitted successors and permitted assigns. (c) The headings in this Amendment are for reference only and do not affect the interpretation of this Amendment.
(d) This Amendment may be executed in counterparts, each of which is deemed an original, but all of which constitute one and the same agreement. Delivery of an executed counterpart of this Amendment electronically shall be effective as delivery of an original executed counterpart of this Amendment.
(e) The Existing Agreement as amended by this Amendment constitutes the sole and entire agreement between the Parties with respect to the subject matter contained 01425.0022/971377.1 5
herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. (f) Each Party shall pay its own costs and expenses in connection with this Amendment (including the fees and expenses of its advisors, accountants, and legal counsel).
01425.0022/971377.1 6
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first written above.

SunE GIL1, LLC
(successor-in-interest to
SunEdison Origination1, LLC)
By_____________________
Name:

Title:

City of Madera
By_____________________
Name:

Title:

Elizabeth Brennan
COO
Attachment 2: SunEdison Origination1, LLC, Solar Power & Services Agreement RESOLUTION NO. 09-.lQ.3

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING THE AWARD OF CONTRACT FOR

CONSTRUCTION OF SOLAR POWER FACILITIES AT THE

WASTEWATER TREATMENT PLANT AND AUTHORIZING THE MAYOR
TO EXECUTE THE CONTRACT ON BEHALF OF THE CITY.

WHEREAS, The City advertised a Request for Proposal for installation of Photovoltaic (PV) power systems at various City facilities; and WHEREAS, The City selected a vendor that met the requisite qualifications necessary for construction of such facilities; and
WHEREAS, The selected vendor proposed a system that exceeded the power production and efficiency standards proposed by other vendors; and WHEREAS, The City desires to enter into the proposed contract with the selected vendor, subject to a determination by bond counsel that the proposed system located at the Wastewater Treatment Plant will have no detrimental effect on outstanding bond obligations for the Wastewater Treatment Plant.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA
HEREBY finds, orders and resolves as follows:

1. The above recitals are true and correct.

2. The City finds that the REC Solar, Inc. proposal for a Photovoltaic (PV) power system at the Wastewater Treatment Plant (WWTP) represents the best alternative to providing solar power generation at said facility and therefore awards the contract for installation of the PV system at the WWTP to the REC Solar, Inc. team which is inclusive of the system owner Sun Edison, LLC.

3. The Solar Power & Services Agreement is approved subject to the determination by bond counsel that the privately owned PV system will not have a detrimental effect on City bond obligations.

4. The Mayor is authorized to execute the contract on behalf of the City upon receipt of a favorable determination by bond counsel.

Res. 09-203
PASSED AND ADOPTED by the City Council of the City of Madera this 19th day of August, 2009 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

ATTEST:

Council Members Armentrout, Svanda, Poythress, Mindt, Bomprezzi.

None.

None.
~.oDN2:
~NTROUT, Mayor
SOND\ ALVAREZ, City Clerk
APPROVED AS TO LEGAL FORM:

CITY ATTORNEY

Attachment 3: ENGIE Energy Services Contract
RESOLUTION NO. 19-186

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA MAKING FINDINGS REQUIRED UNDER GOVERNMENT CODE SECTION 4217.10-18 AND APPROVING

AGREEMENT FOR ENERGY CONSERVATION SERVICES WITH ENGIE SERVICES US, INC. AND AUTHORIZING EXECUTION AND RELATED ACTIONS, INCLUDING FINDING THAT THE PROJECT IS EXEMPT PURSUANT TO SECTIONS 15301 AND 15303 OF THE CEQA GUIDELINES
WHEREAS, the City of Madera ("City") finds it to be in the best interests of the City to implement projects to promote energy efficiency and renewable energy to achieve utility budget cost reductions; and
WHEREAS, Government Code sections 4217.10 through 4217.18 authorize the City to enter into one or more energy service contracts with any person or entity if the anticipated cost to the City for thermal or electrical energy or conservation services provided under the contract is less than the anticipated marginal cost to the City of thermal, electrical, or other energy that would have been consumed by the City in the absence of those energy service contracts ("Savings"); and
WHEREAS, Government Code sections 4217.10 through 4217.18 require that a public } hearing be held, and public comment be taken, at a regularly scheduled meeting of the City Council, at which meeting the City Council may consider and adopt the findings described herein and award energy services contracts, and that notice thereof be must given at least two weeks prior to the meeting; and
WHEREAS, the City gave notice of its intent to conduct a public hearing and take public comment upon the subject matter of this Resolution two weeks prior to the regularly scheduled public meeting of the City Council at which the City Council has held a public hearing and taken public comment and has now considered this resolution, all as required under Government Code sections 4217.10 through 4217.18; and
WHEREAS, the City Council conducted a public hearing on November 6, 2019, to consider awarding of the above-referenced contract; and WHEREAS, Staff has reviewed the proposed action and has determined that the Project is exempt from the California Environmental Quality Act (CEQA, Sections 21000, et seq. of the California Public Resources Code) as follows: (i) Categorical Exemption Class I (CEQA Guidelines Section 15301) applies to the minor alteration of existing public facilities, including operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, involving negligible or no expansion of use Res. No. 19-186
beyond that existing at the time of the lead agency's determination; (ii) Class 3 (CEQA Guidelines Section 15303) consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure; and (iii) none of the exceptions in CEQA Guidelines Section 15300.2 are applicable; and
WHEREAS, ENGIE Services U.S. INC. assessed the feasibility of various potential energy conservation measures to reduce the City's energy consumption and expense and recommended specific energy conservation measures based thereon ("Analysis"). upon which the City Council and City Staff have relied; and
WHEREAS, the Analysis demonstrates that the cost for energy conservation services provided under the Agreement is less than the anticipated marginal cost to the City of thermal, electrical, or other energy that would have been consumed by the City in the absence energy conservation services {"Savings"); and
WHEREAS, the Analysis indicates that funds for the repayment of project cost are anticipated to be available from the Savings, representing funds that otherwise would have been used for purchase of electrical, thermal, or other energy required by the City in the absence of the energy conservation services provided under the ENGIE Services U.S. INC.

Agreements.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA DOES HEREBY FIND, RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. Recitals. All of the recitals herein contained are true and correct and incorporated by reference.

Section 2. CEQA. The Project is exempt under Section 15301 of the CEQA Guidelines as it involves minor alterations of existing public structures and facilities involving negligible expansion of existing use and Section 15301 of the CEQA Guidelines including installation and construction of new equipment and facilities in small structures. Additionally, none of the exceptions in Section 15300.2 of the Guidelines are applicable. (California Code of Regulations, Title 14, Chapter 3)
Section 3. Findings. Based upon the written and verbal reports of staff, the presentation of ENGIE Services U.S. INC., and input from members of the public, the City Council finds that the cost of the ENGIE Services U.S. INC. Agreements to the City for the energy conservation services provided thereunder is less than the anticipated marginal cost to the City )
)
Res. No. 19-186
of thermal, electrical, or other energy that would have been consumed by the City in the absence of the energy conservation services and that it is in the best interest of the City to approve and enter into the ENGIE Services U.S. INC. Agreements.

Section 4. Approval of Agreement. The City Council approves the Agreement by and between the City and ENGIE Services U.S. INC. attached as Exhibit A to this Resolution and on file with the City Clerk.

Section 5. The Mayor is authorized and directed to execute and deliver the Agreement and related documents as necessary to carry out the energy services contemplated therein.

Section 6. Effective Date. This resolution shall take effect upon adoption. * * * * *
)
_)
Res. No. 19-186
PASSED AND ADOPTED by the City Council of the City of Madera this 5th day of November 2019 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

ATTEST:

Mayor Medellin, Council Members Montes, Gallegos, Rodriguez, Robinson, Garcia, and Holley.

None.

J. MEDELLIN, Mayor
\.
eNGie

ENERGY SERVICES CONTRACT
Energy Services Contract
Madera and ENGIE Services U.S.

DIR Project Registration# _____ _
ENGIE Services Project#: CN-000497
ENGIE Services Contract# R 3401
This ENERGY SERVICES CONTRACT (this "Contract") is made and entered into as of November 7, 2019 (the "Contract Effective Date") by and between ENGIE Services U.S. Inc., a Delaware corporation, with California State Contractor's License Number 995037 ("ENGIE Services U.S."), and City of Madera ("Madera") and together referred to as the "Parties" and each of Madera and ENGIE Services U.S. referred to as a "Party").

CONTRACT RECITALS
WHEREAS, Madera owns and/or operates certain public facilities specifically described in Attachment A (the "Facilities") and Madera wishes to reduce the Facilities' energy consumption and costs and improve the Facilities' energy quality and reliability; and WHEREAS, ENGIE Services U.S. is a full-service energy services company with the technical capabilities to provide services to Madera including identifying supply-side and/or demand-side energy conservation measures ("ECMs"), engineering, procurement, construction management, installation, construction and training; and
WHEREAS, Madera executed a Program Development Agreement with ENGIE Services U.S. to perform an integrated energy assessment and present Madera with recommendations (the "Recommendations") for the implementation of certain ECMs; and WHEREAS, in the Recommendations, ENGIE Services U.S. identified potential energy and operational savings opportunities at Madera's Facilities and estimated program costs to implement the recommended ECMs and presented an overall potential energy cost and consumption savings for implementing the ECM recommendations; and
WHEREAS, on October 17, 2018 ENGIE Services U.S. delivered the Recommendations, on an arms' length basis, to personnel of Madera with requisite technical training and experience, for those personnel to make judgments and determinations as to the desired scope of work; and WHEREAS, Madera has accepted the recommended ECMs and determined that the anticipated cost to Madera to implement the recommended ECMs will be less than the anticipated cost to Madera for thermal, electrical, and other energy, together with anticipated operational, maintenance and other costs, that would have been consumed by Madera in the absence of the recommended ECMs in compliance with California Government Code §§4217.10 through 4217.18; and
WHEREAS, pursuant to California Government Code §4217.12, Madera held a regularly scheduled public hearing on November 6, 2019, of which two weeks advance public notice was given regarding this Contract and its subject matter, and
WHEREAS, at the conclusion of the public hearing, Madera determined (i) that the anticipated cost to Madera to implement the recommended ECMs will be less than the anticipated cost to Madera for thermal, electrical, and other energy, together wit anticipated operational, maintenance and other costs that would be consumed by Madera in the absence of the recommended ECMs and (ii) that entering into this energy services contract to implement the ECM recommendations is in the best interests of Madera and that California Government Code §4217.10 et seq. allows Madera to enter into this Contract; and WHEREAS, by adoption of Resolution No. at the above-referenced meeting, Madera approved this Contract and authorized its execution.

NOW, THEREFORE, Madera and ENGIE Services U.S. hereby agree as follows:

Rev. Date: _ _ _ Page 1 of 59 ESC - CA Public
v 1/1/17
ARTICLE 1. DEFINITIONS
Energy Services Contract
Madera and ENGIE Services U.S.

For purposes of this Contract and its Attachments, defined terms will have the following meanings:
"Abnormally Severe Weather Conditions" means typhoons, hurricanes, tornadoes, lightning storms and other climatic and weather conditions that are abnormally severe for the period of time when, and the area where, such storms or conditions occur, in each case occurring at a property, the access roads to a property, or any other location where Work or Professional Services are then being performed. The term "Abnormally Severe Weather Conditions" specifically includes rain, snow or sleet in excess of one hundred fifty percent (150%) of the median level over the preceding ten (10) year period for the local geographic area and time of year in which such rain, snow or sleet accumulates. "Act" is defined in ARTICLE 14.
"Affiliate" means any Person that directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with the Person specified. For purposes of this definition, control of a Person means the power, direct or indirect, to direct or cause the direction of the management and policies of such Person whether by contract or otherwise; ownership of fifty percent (50%) or more of the voting securities of another Person creates a rebuttable presumption that such Person controls such other Person.
"Applicable Law" means any statute, law, treaty, building code, rule, regulation, ordinance, code, enactment, injunction, writ, order, decision, authorization, judgment, decree, protocol, procedure or other legal or regulatory determination or restriction by a court or Governmental Authority of competent jurisdiction, as may be in effect at the time the Work or Professional Services are undertaken. "Applicable Permits" means all permits, approvals, inspections and certifications required to be issued by any Governmental Authority in connection with the Professional Services or the building, installation and start-up of the Work as of the Contract Effective Date. "Application for Payment" means a monthly progress payment as described in Section 8.01. "Attachment" means the following attachments to this Contract, each of which is an "Attachment:" Attachment A Madera's Facilities and Existing Equipment Attachment B Standards of Occupancy and Control
Attachment C Scope of Work
Attachment D Scope of Monitoring Installation
Attachment E M& V Services
Attachment F Maintenance Services
Attachment G Education Services
"Beneficial Use" means when major new equipment and systems included in the Scope of Work are properly installed, inspected, operational, and are capable of being used for their intended purpose. For purposes of clarity, Beneficial Use includes permission to operate the Generating Facility(ies) from the Utility. Criteria for Beneficial Use of equipment I systems will be established as defined in Attachment C. "Business Day" means any calendar day other than a Saturday, a Sunday or a calendar day on which banking institutions in San Francisco, California, are authorized or obligated by law or executive order to be closed.
"CEQA" means the California Environmental Quality Act, codified at California Public Resource Code § 21000 et seq., and the applicable state and local guidelines promulgated thereunder. "Certificate of Beneficial Use" means the certificate, issued by ENGIE Services U.S. to Madera and subcontractor(s), which identifies when Madera took Beneficial Use of the Work or any portion thereof. A Certificate of Beneficial Use may be executed for an individual subcontract, a specific building, a portion of the Work, or the entire Work.

Rev. Date: __ _ Page 2 of 59 ESC - CA Public
v 1/1/17
Energy Services Contract
Madera and ENGIE Services U.S.
"Certificate of Final Completion" means the certificate issued by ENGIE Services U.S. to Madera, in accordance with Section 6.03. A Certificate of Final Completion may be executed for an individual subcontract, a specific building, a portion of the Work, or the entire Work. The Certificate of Final Completion is separate from a Notice of Completion which is defined below. "Certificate of Substantial Completion" means the certificate issued by ENGIE Services U.S. to Madera, in accordance with Section 6.02. A Certificate of Substantial Completion may be executed for an individual subcontract, a specific building, a portion of the Work, or the entire Work. "Change" means any addition to, deletion from, suspension of, or other modification to the quality, function, or intent of the Work or Professional Services. "Change in Law" means any of the following events or circumstances occurring after the Contract Effective Date: (i) an amendment, modification, interpretation, construction, enforcement standard, supplement or other change in or repeal of an existing Applicable Law; or (ii) an enactment or making of a new Applicable Law (excluding a change in any income or franchise tax law, worker's compensation, payroll or withholding tax law).
"Change Order" means a written document, signed by both ENGIE Services U.S. and Madera, authorizing ENGIE Services U.S. to perform a Change. The Change Order modifies the Scope of Work and should identify: (i) the applicable Change; (ii) any additional compensation to be paid to ENGIE Services U.S. to perform such Change; and (iii) any extension of time to complete the Project. "Construction" means any and all Work to be performed that involves construction, alteration, repair, installation or removal of equipment, addition to, subtraction from, improving, moving, wrecking or demolishing any building, parking facility, excavation, or other structure or improvement, or any part thereof.
"Construction Documents" means the final designs, drawings, specifications and submittals that are used for Construction, and any Change Orders affecting those documents, that describe the technical requirements for the installation of all the materials and equipment pursuant to this Contract. "Construction Period" means the period beginning with the first day of the month in which material or equipment is first installed at the Facilities and continuing until the M&V Commencement Date. "Contract" is defined in the Preamble, and includes all Attachments hereto (all of which are incorporated herein by this reference), as well as all Change Orders, amendments, restatements, supplements and other modifications hereto which are mutually approved by the Parties. "Contract Amount" means Eighteen Million Eight Hundred Forty-Eight Thousand Eight Hundred SixtyTwo Dollars ($18,848,862.00), which is inclusive of the assessment fee for the Recommendations and the mobilization payment, as set forth in Section 8.01 , but exclusive of any fees for Professional Services.
"Contract Bonds" is defined in Q.
"Contract Effective Date" is defined in the Preamble.
"Delay" means any circumstances involving delay, disruption, hindrance or interference affecting the time of performance of the Work or the Professional Services. "Dispute" is defined in Section 19.02.
"DOE Guidelines" is defined in Section 13.01.
"ECM" is defined in the Recitals.
"Educations Services" are defined in Attachment G.
"EMS" means an energy management system.
"Energy Delivery Point" means, for each Generating Facility, the point at which Utility meter energy is being delivered, as designated in the Interconnection Agreement. ) "Energy Usage Data" is defined in Section 2.05.
"ENGIE Services U.S." is defined in the Preamble.

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"ENGIE Services U.S. Warranty" is defined in Section 9.01. "Event of Default" is defined in ARTICLE 16.

Energy Services Contract
Madera and ENGIE Services U.S.
"Excusable Event" means an act, event, occurrence, condition or cause beyond the control of ENGIE Services U.S., which causes a delay of more than three (3) days, including, but not limited to, the following: (i) any act or failure to act of any Madera Person; (ii) the failure to obtain, or delay in obtaining, any Interconnection Agreement, Applicable Permit, or approval of a Governmental Authority (including due to failure to make timely inspection), or Delays caused by Changes and/or modifications to the Scope of Work required by a Governmental Authority, subject to documented evidence that ENGIE Services U.S. diligently and timely made all reasonable efforts to secure such Interconnection Agreement, Applicable Permit, or approval of a Governmental Authority and that the action or inaction of ENGIE Services U.S. did not contribute to or cause such failures or delays; (iii) changes in the design, scope or schedule of the Work required by any Governmental Authority or Madera Person; (iv) undisclosed or unforeseen conditions encountered at the Project Location, including discovery or existence of Hazardous Substances, except as otherwise specifically set forth in this Contract; (v) the failure to obtain, or delay in obtaining, approval of any Governmental Authority for design and installation of any portion of the Work, including any further or subsequent approval required with respect to any Change, other than a failure caused by the action or inaction of ENGIE Services U.S.; (vi) information provided to ENGIE Services U.S. by any Madera Person or Utility is later found to be inaccurate or incomplete; (vii) any Change in Law; (viii) Delay caused by pending arbitration; (ix) acts of God; (x) acts of the public enemy or terrorist acts; (xi) work by Utility unless the delay is attributable to ENGIE Services U.S.; (xii) flood, earthquake, tornado, storm, fire, explosions, lightning, landslide or similar cataclysmic occurrence; (xiii) sabotage, vandalism, riots or civil disobedience; (xiv) labor disputes or strikes; (xv) labor or material shortages, delay in manufacturing and deliveries of equipment; (xvi) Abnormally Severe Weather Conditions; (xvii) an annual level of direct beam solar resource availability that is less than or equal to 90% of historical averages as measured by long-term weather data (minimum 5 years) collected at the applicable Facility and/or other reliable calibrated and appropriate weather station representative of such Facility; (xviii) requirement by Utility that any Generating Facility discontinue operation; (xix) any action by a Governmental Authority that prevents or inhibits the Parties from carrying out their respective obligations under this Contract (including an unstayed order of a court or administrative agency having the effect of subjecting the sales of energy output to federal or state regulation of prices and/or services); or (xx) any Utility power outage at a Facility.
"Facilities" is defined in the Recitals.
"Final Completion" means the stage in the progress of the Work at which the Construction Work as identified in the Scope of Work, or a designated portion thereof, has been completed and commissioned, including completion of all Punch List items, completion of all required training, and delivery to Madera of the final documentation (as-built drawings, operation and maintenance manuals, warranty documentation and final submittals).
"Generating Facility" means each of the photovoltaic, solar powered generating facilities located at the sites listed in Attachment E, and includes all associated photovoltaic panels, mounting assemblies, inverters, converters, metering, lighting fixtures, transformers, ballasts, disconnects, combiners, switches, wires and other equipment that may be necessary to connect the Generating Facility to the applicable Energy Delivery Point.
"Governmental Authority" means any federal, state, regional, town, county, city, municipal or local government agency, department or regulatory body having jurisdiction under Applicable Law over the matter in question.
"Greenhouse Gas" is defined in Section 13.01.
"Hazardous Substances" means (i) any hazardous, toxic, or dangerous wastes, substances, chemicals, constituents, contaminants, pollutants, and materials and any other carcinogenic, liquids, corrosive, ignitable, radioactive, reactive, toxic, or otherwise hazardous substances or mixtures (whether solids, liquids, gases) now or at any time subject to regulation, control, remediation, or otherwise addressed under Applicable Laws; (ii) any "hazardous substance" as defined by the Resource, Conservation and Recovery Act of 1976 (42 U.S.C. §6901 et seq.), as amended, and regulations promulgated thereunder; Rev. Date: __ _ Page 4 of 59 ESC - CA Public
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. Energy Services Contract
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(iii) any "hazardous, toxic or dangerous waste, substance or material" specifically defined as such in 42 U.S.C. §9601 et seq.), as amended and regulations promulgated thereunder; and (iv) any hazardous, toxic or dangerous waste, substance, or material as defined in any so-called "superfund" or "superlien" law.
"Incentive Funds" is defined in Section 8.06.
"Installation" means the setting up, construction, and placement of any equipment or materials in the manner it will be operated, in accordance with the Scope of Work and in accordance with all Applicable Laws.
"Instruments of Service" is defined in Section 10.011£1. "Interconnection Agreement" means the Interconnection Agreement to be entered into between Madera and the Utility with respect to the Generating Facilities. "Interconnection Facilities" is defined in Section 18.02. "Interest" means interest calculated at the lesser of (i) the prime rate plus two percent (2%) or (ii) the maximum rate permitted by Applicable Law. The "prime rate" will be the "Prime Rate" of interest per annum for domestic banks as published in The Wall Street Journal in the "Money Rates" section. "Losses" is defined in Section 11.01.
"M&V Commencement Date" means the first day of the month immediately following the later of (i) ENGIE Services U.S.'s receipt of the fully signed Certificate of Final Completion, and (ii) ENGIE Services U.S.'s receipt of the full Contract Amount.
"M&V Services" are defined in Attachment E.
"Madera" is defined in the Preamble.
"Madera Persons" means Madera, its agents, employees, subcontractors, architects, general contractors, lease/leaseback contractors or other Persons acting on behalf of Madera or for whom Madera is responsible.
"Maintenance Services" are defined in Attachment F.
"Measurement Period" means each one-year period following the M&V Commencement Date. "NEC" means the National Electric Code.
"Notice of Completion" means the document adopted by the Madera City Council signifying completion of the Project and filed with the County of Madera.
"Notice to Proceed" is defined in Section 2.04.
"Party" and "Parties" are defined in the Preamble.
"Person" means any natural person, corporation, general partnership, limited partnership, limited liability company, proprietorship, other business organization, trust, union, association or Governmental · Authority.
"Professional Services" means professional services (such as Education Services, Maintenance Services and M&V Services) provided by ENGIE Services U.S. to Madera under this Contract. "Project" means the entirety of Work to be performed by ENGIE Services U.S. pursuant to the Scope of Work, and any Change Orders.
"Project Location" means the area or areas where the Project materials and equipment and any other energy related equipment, as described in the Scope of Work, are installed, and the general area where the Work is performed.
"Punch List" means, with respect to any portion of the Work, a list of minor corrective items which need to be completed or corrected in order to complete such portion of the Work, but do not impair Madera's ability to beneficially operate and utilize such portion of the Work. "Recommendations" is defined in the Recitals.

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"Retained Items" is defined in Section 10.02.
"Retention" is defined in Section 8.03.
"Schedule of Values" is defined in Section 8.01.

Energy Services Contract
Madera and ENGIE Services U.S.
"Scope of Work" means the Work set forth in Attachments C and Q, as modified by any Change Order. "Substantial Completion" means the stage in the progress of the Work at which the Work, or a designated portion thereof, is sufficiently complete, in conformance with the Scope of Work, the Construction Documents and any Change Orders, so that Madera can take Beneficial Use thereof. "Surety" means the surety supplying the Contract Bonds, which must be an "admitted surety insurer," as defined by California Code of Civil Procedure §995.120, authorized to do business in the State of California, and reasonably satisfactory to Madera.
"Utility" is defined in Section 18.02.
"Work" means the Work to be done by ENGIE Services U.S. pursuant to the Scope of Work, subject to any Change Orders.

ARTICLE 2. TERM; PERFORMANCE OF THE WORK
Section 2.01 Contract Term. The term of this Contract commences on the Contract Effective Date and ends on the last day on which Professional Services are provided, unless terminated earlier as provided in this Contract.

Section 2.02 Performance of Work. The Work and Professional Services to be performed hereunder will be provided in accordance with the terms of this Contract and the applicable standard of care.

ENGIE Services U.S. will perform its obligations under this Contract (i) using the degree of skill and care that is required by current, good and sound professional procedures and practices, and (ii) in conformance with (1) generally accepted professional standards prevailing at the time the Work is performed, (2) the covenants, terms and conditions of this Contract, and (3) applicable laws, codes, rules and regulations, including, without limitation, the applicable provisions of the California Building Code. ENGIE Services U.S. represents and warrants that it is fully experienced in projects of the nature and scope of the Work and Professional Services, and that it is properly qualified, licensed and equipped to supply and perform the Work and Professional Services. The Work completed herein will be subject to Madera's general right of inspection and supervision to secure the satisfactory completion thereof in accordance with this Contract.

Section 2.03 Scope of Work.
(a) The Scope of Work may not exceed that set forth in Attachments C and Q, except pursuant to a Change Order.
(b) The Professional Services may not exceed those set forth in Attachments E, E and Q., except pursuant to a Change Order.

Section 2.04 Notice to Proceed. Within ten (10) days after Madera has closed the financing referenced in Section 2;07, Madera will issue to ENGIE Services U.S. a written Notice to Proceed ("Notice to Proceed"). ENGIE Services U.S. will begin Work within thirty (30) calendar days after ENGIE Services U.S.'s receipt of the Notice to Proceed. If Madera fails to issue the Notice to Proceed within twenty (20) calendar days after the financing has closed, ENGIE Services U.S. will be entitled to an equitable extension of time and/or an equitable adjustment in the Contract Amount as a result of such delay.

Section 2.05 Project Schedule. After receipt of the Notice to Proceed, ENGIE Services U.S. will develop, with input from Madera, a master project schedule using Microsoft Project®. ENGIE Services U.S. will establish a weekly construction meeting at which time the Work of the previous week will be reviewed and a two-week look ahead will be coordinated. The project schedule will be updated monthly.

Section 2.06 Madera's Energy and Operational Records and Data. If ENGIE Services U.S. requests, Madera will provide to ENGIE Services U.S., within thirty (30) calendar days after such request, Madera's Energy Usage Data for the twelve (12) months preceding the Contract Effective Date, and will make commercially reasonable efforts to provide the Energy Usage Data for the thirty-six (36) months preceding the Contract Effective Date. "Energy Usage Data" means all of Madera's records and complete Rev. Date: _ _ _ Page 6 of 59 ESC - CA Public
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Energy Services Contract
Madera and ENGIE Services U.S.
data concerning energy usage, energy-related maintenance, and other related costs for the Facilities, and including, without limitation, utility records; occupancy information; descriptions of any past, present or anticipated changes in a building's structure or its heating, cooling, lighting or other systems or energy requirements; descriptions of all energy consuming or saving equipment used in the Facilities; applicable building drawings, specifications, existing AutoCAD files, operation and maintenance manuals, and as-builts; bills and records relating to operation and maintenance of systems and equipment within the Facilities, and a description of operation and management procedures currently utilized. Madera agrees that ENGIE Services U.S. may rely on the foregoing data as being accurate in all respects. If ENGIE Services U.S. requests, Madera will also provide to ENGIE Services U.S., within thirty (30) calendar days after such request, any prior energy audits of the Facilities, and copies of Madera's financial statements and records related to energy usage and operational costs for said time period at the Facilities, and will authorize its agents and employees to provide and freely discuss such records and to make themselves available for consultations and discussions with authorized representatives, employees, subcontractors, and agents of ENGIE Services U.S.

Section 2.07 Finance Contingency. It is acknowledged and agreed by the Parties that the continued existence of this Contract is expressly contingent upon Madera closing financing that will allow it to make the payments to ENGIE Services U.S. required by this Contract. Madera will have sixty (60) calendar days after the Contract Effective Date to close such financing. If the financing is not closed within this time, for any reason, either Party may by written notice to the other Party declare this Contract to be null and void; and the Contract will be null and void as of the other Party's receipt of this notice; provided that Madera may not declare this Contract to be null and void after it has issued the Notice to Proceed. It is acknowledged and agreed that ENGIE Services U.S. will have no obligation to commence performance of the Work unless and until the financing has been closed.

Section 2.08 Proof of Financial Arrangements. Prior to the commencement of the Work, Madera will provide ENGIE Services U.S. proof that financial arrangements have been made to fulfill Madera's obligations under this Contract. Madera's requirement to furnish such proof to ENGIE Services U.S. is a condition precedent to commencement of the Work. After commencement of the Work, ENGIE Services U.S. may request such proof if (i) Madera fails to make payments to ENGIE Services U.S. as this Contract requires; (ii) a Change in the Work materially changes the Contract Amount; or (iii) ENGIE Services U.S. has other reasonable concerns regarding Madera's ability to fulfill its payment obligations under this Contract when due. Madera will furnish such proof as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After Madera furnishes any such proof, Madera will not materially vary such financial arrangements without prior consent of ENGIE Services U.S. If Madera fails to provide ENGIE Services U.S. with such proof within ten (10) calendar days of receiving a demand from ENGIE Services U.S., ENGIE Services U.S. will be entitled to suspend its performance under this Contract until such proof is received.

ARTICLE 3. PROJECT IMPLEMENTATION - GENERAL
Section 3.01 Registrations, Permits and Approvals.
(a) Prior to issuing the Notice to Proceed, Madera must register the Project with the California Department of lndust.rial Relations, using Form PWC-100. (b) Madera will cooperate fully with and assist ENGIE Services U.S. in obtaining all Applicable Permits required under this Contract. ENGIE Services U.S. is responsible for obtaining (but not paying for) Applicable Permits, except those Applicable Permits to be issued by Madera itself. Madera will be responsible for obtaining and paying for all other inspections, certifications, permits or approvals that may be required, including annual operating permits and any approvals or exemptions required by CEQA, as applicable.
(c) Madera is responsible for hiring and paying inspectors, and for fees associated with plan checks (including expedited plan checks}, permits, inspections, and certifications. In the event that the Utility requires additional work as part of the Interconnection Agreement for the RES-BCT Generating Facility that exceeds ENGIE Services U.S.'s estimate of the cost for such Interconnection Agreement by fifty percent (50%) or more, ENGIE Services U.S. shall have the right to remove the RES-BCT Generating Facility from the Scope of Work unless Madera and ENGIE Services U.S. mutually agree on an allocation of the additional costs.

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Energy Services Contract
Madera and ENGIE Services U.S.

Section 3.02 Coordination. Madera will be responsible for coordinating the activities of ENGIE Services U.S. and ENGIE Services U.S.'s subcontractors and suppliers with those of Madera Persons.

Section 3.03 Project Meetings/Status Updates. During the course of the Work, ENGIE Services U.S. will periodically meet with Madera to report on the general status and progress of the Work.

Section 3.04 Project Location Access. Madera hereby grants to ENGIE Services U.S., without cost to ENGIE Services U.S., all rights of ingress and egress at the Project Location, necessary for ENGIE Services U.S. to perform the Work and provide all services contemplated by this Contract. ENGIE Services U.S. will provide twenty-four-hour advance notice to Madera for access to any Madera Facilities. All persons entering the Project Location, including Madera and its employees and agents, must follow ENGIE Services U.S.'s safety procedures. ENGIE Services U.S. may (but is not required to) make transportation available to Madera and Madera's employees and agents between and within Project Locations, which if offered will be deemed part of the Scope of Work and included in the Contract Amount.

Section 3.05 Consents; Cooperation. Whenever a Party's consent, approval, satisfaction, or determination will be required or permitted under this Contract, and this Contract does not expressly state that the Party may act in its sole discretion, such consent, approval, satisfaction, or determination will not be unreasonably withheld, qualified, conditioned, or delayed, whether or not such a "reasonableness" standard is expressly stated in this Contract. Whenever a Party's cooperation is required for the other Party to carry out its obligations hereunder, each Party agrees that it will act in good faith and reasonably in so cooperating with the other Party or its designated representatives or assignees or subcontractors. Each Party will furnish decisions, information, and approvals required by this Contract in a timely manner so as not to delay the other Party's performance under this Contract.

Section 3.06 Independent Contractor. The Parties hereto agree that ENGIE Services U.S., and any agents and employees of ENGIE Services U.S., its subcontractors and/or consultants, is acting in an independent capacity in the performance of this Contract, and not as a public official, officer, employee, consultant, or agent of Madera for purposes of conflict of interest laws or any other Applicable Law.

ARTICLE 4. FINAL DESIGN PHASE - CONSTRUCTION DOCUMENTS I EQUIPMENT

PROCUREMENT
Section 4.01 General Provisions.
(a) After receipt of the Notice to Proceed, ENGIE Services U.S. will proceed with the preparation of any necessary designs, drawings, and specifications related to the Scope of Work. (b) After completion of the design phase and approval of the final plans and specifications by Madera, ENGi E Services U.S. will order the equipment identified in the Scope of Work, and any other necessary materials and supplies in order to meet the project schedule. (c) Madera will designate a single-point representative with whom ENGIE Services U.S. may consult on a reasonable, regular basis and who is authorized to act on Madera's behalf with respect to the Project design. Madera's representative will render decisions in a timely manner with regard to any documents submitted by ENGIE Services U.S. and to other requests made by ENGIE Services U.S. in order to avoid delay in the orderly and sequential progress of ENGIE Services U.S.'s design services.
(d) Within twenty (20) Business Days after ENGIE Services U.S.'s request, Madera will:
(i) furnish all surveys or other information in Madera's possession that describe the physical characteristics, legal limitations, and utility locations in and around the Project Location;
(ii) disclose any prior environmental review documentation and all information in its possession concerning subsurface conditions, including without limitation the existence of any known Hazardous Substances, in or around the general area of the Project Location;
(iii)
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supply ENGIE Services U.S. with all relevant information in Madera's possession, including any as-built drawings and photographs, of prior construction undertaken at the Project Location; and
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(iv) obtain any and all easements, zoning variances, planning approvals, including any resolution of any environmental impact issues, and any other legal authorization regarding utilization of the Project Location for the execution of the Work. (e) All information furnished pursuant to this Section 4.01 will be supplied at Madera's expense, and ENGIE Services U.S. will be entitled to rely upon the accuracy and completeness of all information provided. If ENGIE Services U.S. is adversely affected by any failure to provide, or delay in providing, the information specified in Section 4.01 (d), ENGIE Services U.S. will be entitled to an equitable extension of time and/or an equitable adjustment in the Contract Amount. (f) If any information disclosed under this Section 4.01 gives rise to a Change to the Work or an Excusable Event, ENGIE Services U.S. will notify Madera. The Parties will meet and confer with respect to those Changes, and ENGIE Services U.S. will be entitled to an equitable extension of time and/or an equitable adjustment in the Contract Amount. If the Parties, however, are unable to agree on whether Madera's disclosed information gives rise to a Change to the Work or an Excusable Event, those disputes are to be resolved in accordance with ARTICLE 19. (g) ENGIE Services U.S. contemplates that it will not encounter any Hazardous Substances at the Project Location, except as has been disclosed as a pre-existing condition by Madera prior to the Contract Effective Date. However, any disclosure of Hazardous Substances that will affect the performance of the Work after the Contract Effective Date will constitute a valid basis for a Change Order.

Section 4.02 Review of Construction Documents. ENGIE Services U.S. will prepare and submit all drawings and specifications to Madera for review. Madera will review the documents and provide any comments in writing to ENGIE Services U.S. within ten (10) Business Days after receipt of the documents.

ENGIE Services U.S. will incorporate appropriate Madera comments into the applicable drawings and specifications. ENGIE Services U.S. reserves the right to issue the drawings and specifications in phases to allow Construction to be performed in phases. If Madera fails to provide written comments within the twenty (20) Business Day period, Madera will be deemed to have no comments regarding the documents.

Section 4.03 Permits. The respective obligations of the Parties in obtaining inspections and permits are as specified in Section 3.01 . Madera will agree to any nonmaterial changes to the designs, drawings, and specifications required by any Governmental Authority. The Contract Amount must be increased by any additional cost incurred by ENGIE Services U.S. due to a Change required by a Governmental Authority and the time required to complete the Work must be increased by the number of additional days required to complete the Work because of a Change imposed by a Governmental Authority.

Section 4.04 Changes During Final Design Phase. If during the design phase any Madera Person requests Changes and/or modifications to the Work and/or an Excusable Event occurs, ENGIE Services U.S. will be entitled to an equitable extension of time and/or an equitable adjustment in the Contract Amount.

Valid bases for additional compensation and/or time extension include, but are not limited to: (i) any Madera Person requests changes and/or modifications to the Project Scope of Work during the Project design phase; (ii) any Madera Person causes delays during ENGIE Services U.S.'s design work; (iii) the discovery of subsurface or other site conditions that were not reasonably anticipated or disclosed as of the Contract Effective Date; (iv) the discovery of Hazardous Substances at or impacting the Project Location; (v) changes to the Scope of Work required to obtain Applicable Permits; (vi) damage to any equipment or other Work installed by ENGIE Services U.S. caused by the act or omission of any Madera Person; (vii) changes and/or modifications to Scope of Work ordered by any Governmental Authority; and (viii) any other condition that would not reasonably have been anticipated by ENGIE Services U.S., that modifies and/or changes the Scope of Work, that increases the agreed-upon Contract Amount or increases the time needed to complete the Work.

ARTICLE 5. CONSTRUCTION PHASE
Section 5.01 General Provisions. Upon securing the requisite Applicable Permits pursuant to Section 3.01 , and completion of Construction Documents, ENGIE Services U.S. will commence the construction of the Project in accordance with the Construction Documents. The construction will be performed in accordance with all Applicable Laws and Applicable Permits, by ENGIE Services U.S. and/or one or more licensed subcontractors qualified to perform the Work.

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Madera and ENGIE Services U.S.

Section 5.02 ENGIE Services U.S.'s Responsibilities during Construction Phase. (a) As an independent contractor to Madera, ENGIE Services U.S. will provide, or cause to be provided by its subcontractor(s), all labor, materials, equipment, tools, transportation, and other facilities and services necessary for the proper execution, construction, and completion of the Work. ENGIE Services U.S. will purchase in advance all necessary materials and supplies for the construction of the Project in order to assure the prompt and timely delivery of the completed Work pursuant to the project schedule. ENGIE Services U.S. will also be responsible for all means, methods, techniques, sequences, and procedures required by the Construction Documents. (b) ENGIE Services U.S. will make commercially reasonable efforts to coordinate construction activities and perform the Work to minimize disruption to Madera's operations at the Project Location. ENGIE Services U.S. will provide at least fifteen (15) calendar days' written notice to Madera of any planned power outages that will be necessary for the construction. ENGIE Services U.S. will cooperate with Madera in scheduling such outages, and Madera agrees to provide its reasonable approval of any scheduled outage. Planned power outages typically will not exceed eight (8) hours and will be performed on Saturdays.
(c) ENGIE Services U.S. will initiate and maintain a safety program in connection with its Construction of the Project. ENGIE Services U.S. will take reasonable precautions for the safety of, and will provide reasonable protection to prevent damage, injury, or loss to: (i) employees of ENGIE Services U.S. and subcontractors performing Work under this Contract; (ii) ENGIE Services U.S.'s property and other materials to be incorporated into the Project, under the care, custody, and control of ENGIE Services U.S. or its subcontractors; and (iii) other property at or adjacent to the Project Location not designated for removal, relocation, or replacement during the course of construction. ENGIE Services U.S. will not be responsible for Madera's employees' safety unless ENGIE Services U.S.'s negligence in the performance of its Work is the proximate cause of the employee's injury. (d) ENGIE Services U.S. will provide notice to Madera of scheduled test(s) of installed equipment, if any, and Madera and/or its designees will have the right to be present at any or all such tests conducted by ENGIE Services U.S., any subcontractor, and/or manufacturers of the equipment. (e) Pursuant to California Labor Code §6705, if the Work is a public work involving an estimated expenditure in excess of $25,000 and includes the excavation of any trench or trenches five (5) feet or more in depth, ENGIE Services U.S. will, in advance of excavation, submit to Madera and/or a registered civil or structural engineer, employed by Madera, to whom authority to accept has been delegated, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches, which provisions will be no less effective than the current and applicable CAL-OSHA Construction Safety Orders. No excavation of such trench or trenches may be commenced until this detailed plan has been accepted by Madera or by the person to whom authority to accept has been delegated by Madera. Pursuant to California Labor Code §6705, nothing in this Section 5.02(e) imposes tort liability on Madera or any of its employees. (f) Pursuant to California Public Contract Code §7104, if the Work is a public work involving digging trenches or other excavations that extend deeper than four (4) feet below the surface of the ground:
(i) ENGIE Services U.S. will promptly, and before the following conditions are disturbed, notify Madera, in writing, of any:

1. Material that ENGIE Services U.S. believes may be material that is hazardous waste, as defined in California Health and Safety Code §25117, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law;

2. Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to ENGIE Services U.S. before the Contract Effective Date;

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
(ii) Madera will promptly investigate the conditions and, if it finds that the conditions do materially so differ or do involve hazardous waste, and cause a decrease or increase in Rev. Date: __ _ Page 10 of 59 ESC - CA Public
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ENGIE Services U.S.'s cost of, or the time required for, performance of any part of the Work will issue a Change Order under the procedures described in this Contract. (iii) If a dispute arises between Madera and ENGIE Services U.S., whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in ENGIE Services U.S.'s cost of, or time required for, performance of any part of the Work, ENGIE Services U.S. will not be excused from any scheduled completion date provided for by this Contract but will proceed with all Work to be performed under this Contract. ENGIE Services U.S. will retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.

Section 5.03 Madera's Responsibilities during Construction Phase. (a) Madera will designate a single-point representative authorized to act on Madera's behalf with respect to Project construction and/or equipment installation. Madera may from time to time change the designated representative and will provide written notice to ENGIE Services U.S. of such change.

Any independent review of the construction will be undertaken at Madera's sole expense, and will be performed in a timely manner so as to not unreasonably delay the orderly progress of ENGIE Services U.S.'s Work.
(b) Madera will provide a temporary staging area for ENGIE Services U.S., or its subcontractors, to use during the construction phase to store and assemble equipment for completion of the Work, if needed. Madera wilt provide sufficient space at the Facilities for the performance of the Work and the storage, installation, and operation of any equipment and materials and will take reasonable steps to protect any such equipment and materials from harm, theft and misuse. Madera will provide access to the Facilities, including parking permits and identification tags, for ENGIE Services U.S. and subcontractors to perform the Work during regular business hours, or such other reasonable hours as may be requested by ENGIE Services U.S. and acceptable to Madera. Madera will also either provide a set or sets of keys to ENGIE Services U.S. and its subcontractors (signed out per Madera policy) or provide a readily available security escort to unlock and lock doors. Madera will not unreasonably restrict ENGIE Services U.S.'s access to Facilities to make emergency repairs or corrections as ENGIE Services U.S. may determine are needed. (c) Madera will maintain the portion of the Project Location that is not directly affected by ENGIE Services U.S.'s Work. Madera will keep the designated Project Location and staging area for the Project free of obstructions, waste, and materials within the control of Madera. (d) Madera will obtain any required environmental clearance from, and any inspections, including special inspections, or permits required by, any federal, state, and local jurisdictions, including but not limited to any clearances required under CEQA, prior to scheduled construction start date. (e) Madera will prepare the Project Location for construction, including, but not limited to, clearance of all above and below ground obstructions, such as vegetation, buildings, appurtenances, and utilities.

Subsurface conditions and obstacles (buried pipe, utilities, etc.) that are not otherwise previously and accurately documented by Madera and such documentation made available to ENGIE Services U.S. are the responsibility of Madera. If ENGIE Services U.S. encounters such unforeseen conditions in the performance of the Work, ENGIE Services U.S. will be entitled to an equitable extension of time and/or an equitable adjustment in the Contract Amount.
(f) Madera will remove any Hazardous Substances either known to Madera prior to the commencement of the Work or encountered by ENGIE Services U.S. during the construction of the Project, if necessary in order for the Work to progress safely, that were not knowingly released or brought to the site by ENGIE Services U.S. ENGIE Services U.S. will respond to the discovery of Hazardous Substances at or around the Project Location during the course of ENGIE Services U.S.'s construction in accordance with Section 5.06.
(g) Madera will coordinate the Work to be performed by ENGIE Services U.S. with its own operations and with any other construction project that is ongoing at or around the Project Location, with the exception that ENGIE Services U.S. will coordinate the Interconnection Facilities work, if any, which will be performed by the local utility.

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(h) Madera will, and will cause Madera Persons to, allow ENGIE Services U.S. and its subcontractors access to and reasonable use of necessary quantities of Madera's water and other utilities, including electrical power, as needed for the construction of the Work, at no cost to ENGIE Services U.S. (i) Madera will, and will cause Madera Persons to, provide ENGIE Services U.S. and/or its subcontractors with reasonable access to the Project Location to perform the Work, including without limitation and at no extra cost to ENGIE Services U.S., access to perform Work on Saturdays, Sundays, and non-regular working hours.

U) Madera will also do the following:
(i) Attend the regularly scheduled progress meetings. Participate, with reasonable notice, as needed regarding scheduling of the Work.
(ii) When requested by ENGIE Services U.S., participate in the job inspection walk-through with ENGIE Services U.S. to determine Substantial Completion or Beneficial Use of major equipment, and will sign the Certificate(s) of Substantial Completion. (iii) Perform a final walk-through of the Project and, upon receipt of the operation and maintenance manuals and as-built drawings, sign the Certificate of Final Completion for the related Work.
(iv) Upon the completion of the entire Scope of Work listed in Attachment C, including training, if any, and submission of close-out documents, sign a Certificate of Final Completion for the entire Project.

Section 5.04 Changes.
(a) Change Orders Generally. Changes and/or modifications to the Scope of Work will be authorized by a written Change Order signed by both Parties. The Change Order should state the change and/or modification to the Scope of Work, any additional compensation to be paid, and any applicable extension of time. ENGIE Services U.S. may, at its election, suspend performance of that portion of the Work affected by any proposed Change until a written Change Order with respect to the Changed or modified Work has been signed by both Madera and ENGIE Services U.S. ENGIE Services U.S. will use its reasonable efforts to continue other portions of the Work not affected or impacted by such proposed Change until such time as the applicable Change Order is resolved. (b) Change Orders Requiring Additional Compensation. If during construction any Madera Person requests material changes and/or modifications to the Work, and/or there are Excusable Events, Madera will pay the extra costs caused by such material modifications and/or changes and/or Excusable Event and ENGIE Services U.S. will be entitled to additional compensation for the following reasons, that include, but are not limited to: (i) any Madera Person requests changes and/or modifications to the Scope of Work during the construction phase of the Project; (ii) any Madera Person causes delays during ENGIE Services U.S.'s construction work; (iii) discovery of subsurface or other site conditions that were not reasonably anticipated or disclosed prior to the commencement of the Work; (iv) discovery of Hazardous Substances at or impacting the Project Location; (v) changes and/or modifications to the Scope of Work required to obtain required permits and approvals as required by any Governmental Authority; (vi) damage to any equipment or other Work installed by ENGIE Services U.S. caused by the act or omission of any Madera Person; (vii) changes and/or modifications to Scope of Work ordered by any Governmental Authority; and (viii) any other condition that would not reasonably have been anticipated by ENGIE Services U.S., that modifies and/or changes the Scope of Work or the Contract Amount. (c) Change Orders Requiring Additional Time. If during construction any Madera Person requests material changes and/or modifications to the Scope of Work and/or an Excusable Event occurs, the Parties agree that an equitable extension of time to complete the Work may be necessary. Prior to any extension of time, ENGIE Services U.S. will use commercially reasonable efforts to make up such delays, including authorizing overtime payments; provided that Madera has issued a Change Order authorizing any such overtime payment and has specifically agreed to pay all costs, including administrative charges and expenses, associated therewith.

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(d) Method for Adjustment. An increase or decrease in the Contract Amount and/or time resulting from a Change in the Work and/or Excusable Event must be determined by one or more of the following methods:
(i) unit prices set forth in this Contract or as subsequently agreed; (ii) a mutually accepted, itemized lump sum; or
(iii) costs calculated on a basis agreed upon by Madera and ENGIE Services U.S. plus a fee (either a lump sum or a fee based on a percentage of cost) to which the Parties agree. (e) Disagreements. If there is a disagreement between Madera and ENGIE Services U.S. as to whether ENGIE Services U.S. is entitled to an equitable extension of time and/or an equitable adjustment in the Contract Amount, those disputes are to be resolved in accordance with the provisions of ARTICLE 19. Pending the resolution of any such dispute, ENGIE Services U.S. may suspend Work.

Section 5.05 Minor Changes to Scope of Work. Madera has the authority to make minor changes that do not change the total Contract Amount or Time to complete the Work and are consistent with the intent of the Construction Documents. ENGIE Services U.S. has the authority to make minor changes that do not change the total Contract Amount and are consistent with the intent of the Construction Documents, without prior notice to Madera. ENGIE Services U.S. will either promptly inform Madera, in writing, of any minor changes made during the implementation of the Project, or make available to Madera at the site a set of asbuilt drawings that will be kept current to show those minor changes.

Section 5.06 Hazardous Substances.
(a) ENGIE Services U.S. will promptly provide written notice to Madera if ENGIE Services U.S. observes any Hazardous Substance, as defined herein, at or around the Facilities during the course of construction or installation of any equipment which have not been addressed as part of the Scope of Work. ENGIE Services U.S. will have no obligation to investigate the Facilities for the presence of Hazardous Substances prior to commencement of the Work unless otherwise specified in the Scope of Work. Madera will be solely responsible for investigating Hazardous Substances and determining the appropriate removal and remediation measures with respect to the Hazardous Substances.

Madera will comply with all Applicable Laws with respect to the identification, removal and proper disposal of any Hazardous Substances known or discovered at or around the Facilities, and in such connection will execute all generator manifests with respect thereto. ENGIE Services U.S. will perform a Hazardous Materials inspection at City Hall within sixty (60) days of the Effective Date. In the event pre-existing Hazardous Substances are discovered, Madera has the right to remove the affected portion of the Work from the Scope of Work by a mutually accepted Change Order. (b) ENGIE Services U.S. will comply with all Applicable Laws in connection with the use, handling, and disposal of any Hazardous Substances in the performance of its Work. In connection with the foregoing, Madera will provide ENGIE Services U.S., within ten (10) Business Days after the Contract Effective Date, a written statement that represents and warrants (i) whether or not, to its knowledge, there are Hazardous Substances either on or within the walls, ceiling or other structural components, or otherwise located in the Project Location, including, but not limited to, asbestoscontaining materials; (ii) whether or not, to its knowledge, conditions or situations exist at the Facilities which are subject to special precautions or equipment required by federal, state, or local health or safety regulations; and (iii) whether or not, to its knowledge, there are unsafe working conditions at the Facilities.
(c) Madera will indemnify, defend, and hold ENGIE Services U.S. harmless from and against any and all Losses that in any way result from, or arise under, such Madera owned or generated Hazardous Substances, except for liabilities to the extent due to the negligence or willful misconduct of ENGIE Services U.S., or its subcontractors, agents or representatives, in the handling, disturbance or release of Hazardous Substances. This indemnification will survive any termination of this Contract.

Section 5.07 Pre-Existing Conditions. Certain pre-existing conditions may be present within the Facilities that (i) are non-compliant with applicable codes, (ii) may become non-compliant with applicable codes upon completion of ENGIE Services U.S.'s Work, (iii) may cause ENGIE Services U.S.'s completed Work to be non-compliant with applicable codes, (iv) may prevent Madera from realizing the full benefits of ENGIE Services U.S.'s Work, (v) may present a safety or equipment hazard, or (vi) are otherwise outside the Rev. Date: __ _ Page 13 of 59 ESC - CA Public
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scope of ENGIE Services U.S.'s Work. Regardless of whether or not such conditions may have been readily identifiable prior to the commencement of Work, ENGIE Services U.S. will not be responsible for repairing such pre-existing conditions unless such responsibility is expressly provided for in the Scope of Work or an approved Change Order. ENGIE Services U.S., in its sole discretion, may determine whether it will bring said pre-existing conditions into compliance by agreeing to execute a Change Order with Madera for additional compensation and, if appropriate, an extension of time.

ARTICLE 6. PROJECT COMPLETION
Section 6.01 Occupancy or Use of Work. Madera may take occupancy or use of any completed or partially completed portion of the Work at any stage, whether or not such portion is Substantially Complete, provided that such occupancy or use is authorized by Governmental Authority and, provided further, that Madera assumes responsibility for the security of, insurance coverage for, maintenance, utilities for, and damage to or destruction of such portion of the Work. If Substantial Completion of a portion of the Construction Work is not yet achieved, occupancy or use of such portion of the Work will not commence until Madera's insurance company has consented to such occupancy or use. When occupancy or use of a portion of the Work occurs before Substantial Completion of such portion, Madera and ENGIE Services U.S. will accept in writing the responsibilities assigned to each of them for title to materials and equipment, payments and Retention with respect to such portion.

Section 6.02 Substantial Completion. When ENGIE Services U.S. considers the Work, or any portion thereof, to be Substantially Complete, ENGIE Services U.S. will supply to Madera a written Certificate of Substantial Completion with respect to such portion of the Work, including a written Punch List to be signed by both Parties of items and the time for their completion or correction. Madera will within ten (10) Business Days of receipt of the Certificate of Substantial Completion, review such portion of the Work for the sole purpose of determining that it is Substantially Complete, and sign and return the Certificate of Substantial Completion to ENGIE Services U.S. acknowledging and agreeing: (i) that such portion of the Work is Substantially Complete; (ii) the date of such Substantial Completion; (iii) that from the date of Substantial Completion Madera will assume responsibility for the security of, insurance coverage for, maintenance, utilities for, and damage to or destruction of such portion of the Work. Madera agrees that approval of a Certificate of Substantial Completion wilt not be unreasonably withheld, delayed or conditioned.

Section 6.03 Final Completion. When ENGIE Services U.S. considers the entirety of the Work to be Finally Complete, ENGIE Services U.S. will notify Madera that the Work is fully complete and ready for final inspection. Madera will inspect the Work to verify the status of Final Completion within ten (10) Business Days after its receipt of ENGIE Services U.S.'s certification that the Work is complete. If Madera If Madera disagrees with Erigie Services U.S. determination, Madera shall advise Engie Services U.S. In writing. When Madera agrees that the Work is fully completed, ENGIE Services U.S. will issue a Certificate of Final Completion, which Madera must sign. Madera agrees that its signing of the Certificate of Final Completion will not be unreasonably withheld, delayed or conditioned. Madera will have sole authority to determine whether a Notice of Completion should be recorded . When it does make that determination, it will provide a copy to Engie Services U.S. and will promptly record a Notice of Completion in the office of the Madera County Recorder in accordance with California Civil Code §8182.

Section 6.04 Transfer of Title; Risk of Loss. Title to all or a portion of the Project equipment, supplies and other components of the Construction Work wilt pass to Madera upon Substantial Completion.

Transfer of title to Madera wilt in no way affect Madera's and ENGIE Services U.S.'s rights and obligations as set forth in other provisions of this Contract. Except as provided in this Section 6.04, after the date of Substantial Completion, ENGIE Services U.S. will have no further obligations or liabilities to Madera arising out of or relating to this Contract, except for the obligation to complete any Punch List items, the obligation to perform any warranty service under Section 9.01, and obligations which, pursuant to their terms, survive the termination of this Contract.

ARTICLE 7. SUBCONTRACTORS
Section 7.01 Authority to Subcontract. ENGIE Services U.S. may delegate its duties and performance under this Contract, and has the right to enter into agreements with any subcontractors and other service or material providers as ENGIE Services U.S. may select in its discretion to perform the Work.

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ENGIE Services U.S. will not be required to enter into any subcontracts with parties whom ENGIE Services U.S. has not selected or subcontractors whom ENGIE Services U.S. has objection to using.

Section 7.02 Prompt Payment of Subcontractors. ENGIE Services U.S. will promptly pay, when due, all amounts payable for labor and materials furnished in the performance of this Contract and will endeavor to prevent any lien or other claim under any provision of Applicable Law from arising against any Madera property, against ENGIE Services U.S.'s rights to payments hereunder, or against Madera.

Section 7.03 Relationship. Nothing in this Contract constitutes or will be deemed to constitute a contractual relationship between any of ENGIE Services U.S.'s subcontractors and Madera, or any obligation on the part of Madera to pay any sums to any of ENGIE Services U.S.'s subcontractors.

Section 7.04 Prevailing Wages. To the extent required by California Labor Code §1771 or other Applicable Law, all employees of ENGIE Services U.S. and ENGIE Services U.S.'s subcontractors performing Work at the Project Location will be paid the per diem prevailing wages for the employee's job classification in the locality in which the Work is performed. In accordance with California Labor Code §§1773 and 1773.2, Madera will obtain from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work, in the locality in which the Work is to be performed, for each craft, classification or type of worker needed to execute the Work at the Project Location, and will cause copies of such determinations to be kept on file at its principal office and posted at each Project Location. Madera will promptly notify ENGIE Services U.S. of any changes to any such prevailing wage determination.

Section 7.05 Union Labor. ENGIE Services U.S. agrees to make good faith efforts to ensure that approximately ninety percent (90%) of major on-site construction activities will be completed by a union workforce. Compliant with the respective Collective Bargaining Agreements for the trades, apprentice to journeyman ratios will be complied and maintained during the course of the Work. Apprentices will be trained by the respective contractors in accordance with the rules and regulations of the Collective Bargaining Agreements, and the State of California rules for public works projects. Scope of work assignments will be made by ENGIE Services U.S.'s qualified subcontractors.

7.06 Local Resident Labor. In recognition of the fact that City of Madera and the communities surrounding the Project will be impacted by the construction of the Project, ENGIE Services U.S. agrees to support the hiring of workers from the residents of these surrounding areas. Toward that end, ENGIE Services U.S. agrees that, to the extent allowed by Applicable Law, and as long as the Local Residents (as defined below) possess the requisite skills and qualifications, ENGIE Services U.S. will request local union halls recruit sufficient numbers of skilled craft Local Residents to fulfill this goal. ENGIE Services U.S. will request the unions to exert their best efforts to encourage and provide referrals and utilization of qualified workers who reside within City of Madera Zip Codes 93636-93639 ("Local Residents"). If the local union halls cannot provide ENGIE Services U.S. a requested workforce consisting of twenty percent (20%) Local Residents, ENGIE Services U.S. will request the unions to exert their best efforts to recruit for referral persons residing within neighboring counties.

ARTICLE 8. PAYMENTS
Section 8.01 Monthly Progress Payments. Promptly after Madera's issuance of Notice to Proceed, ENGIE Services U.S. will invoice Madera for a mobilization payment in the amount of Three Million Seven Hundred Sixty-Nine Thousand Seven Hundred Seventy-Three Dollars ($3,769,773.00). These amounts must be paid to ENGIE Services U.S. within thirty (30) calendar days after Madera's receipt of an invoice for those amounts. In addition, as the Work progresses, ENGIE Services U.S. will submit to Madera its applications for monthly payments based on the progress made on the Project through the date on which ENGIE Services U.S. submits such Application for Payment. Within twenty-one (21) calendar days from the Contract Effective Date, ENGIE Services U.S. will prepare and submit to Madera a schedule of values apportioned to the various divisions or phases of the Work ("Schedule of Values"). Each line item contained in the Schedule of Values will be assigned a value such that the total of all items equals the Contract Amount. All Applications for Payment will be in accordance with the Schedule of Values.

Section 8.02 Materials Stored Off-Site. ENGIE Services U.S. may invoice Madera for materials purchased in advance and not stored at the Project Location. Each such Application for Payment will be accompanied by proof of off-site material purchases, evidence that the materials have been delivered to a Rev. Date: __ _ Page 15 of 59 ESC - CA Public
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warehouse reasonably acceptable to Madera and evidence of appropriate insurance coverage. ENGIE Services U.S. will furnish to Madera written consent from the Surety approving the advance payment for materials stored off site. Madera will pre-pay one hundred percent (100%) of ENGIE Services U.S.'s Application for Payment for the materials delivered, less Retention as indicated in Section 8.03. ENGIE Services U.S. will protect stored materials from damage. Damaged materials, even though paid for, will not be incorporated into the Work.

Section 8.03 Retention. Madera, or its designee, must approve and pay each Application for Payment, less a retention amount ("Retention") of five percent (5%) in accordance with California Public Contract Code §7201, within thirty (30) calendar days after its receipt of the Application for Payment; provided, however, that there is to be no Retention with respect to the mobilization payment and any fee for the Recommendations. A failure to approve and pay an Application for Payment in a timely manner is a material default by Madera under this Contract. Madera may make progress payments in full without Retention at any time after fifty percent (50%) of the Work has been completed, as permitted pursuant to California Public Contract Code §9203. Upon Substantial Completion, the Retention must be reduced to two percent (2%) of the Contract Amount, and ENGIE Services U.S. may invoice and Madera will pay this amount. Madera will pay ENGIE Services U.S. the remaining two percent (2%) Retention amount upon achieving Final Completion. In lieu of Retention being held by Madera, ENGIE Services U.S. may request that securities be substituted or Retention be held in an escrow account pursuant to California Public Contract Code §22300.

Section 8.04 Final Payment. The final Application for Payment may be submitted after Final Completion. The final payment amount must also include payment to ENGIE Services U.S. for any remaining Retention withheld by Madera.

Section 8.05 Disputed Invoices/late Payments. Madera may in good faith dispute any Application for Payment, or part thereof, within fifteen (15) calendar days after the date the Application for Payment was received by Madera. If Madera disputes all or a portion of any Application for Payment, Madera will pay the undisputed portion when due and provide ENGIE Services U.S. a written notice and explanation of the basis for the dispute and the amount of the Application for Payment being withheld related to the dispute. Madera will be deemed to have waived and released any dispute known to it with respect to an Application for Payment if such notice and written explanation is not provided within fifteen ( 15) calendar days after the date the Application for Payment was received by Madera. If any amount disputed by Madera is finally determined to be due to ENGIE Services U.S., either by agreement between the Parties or as a result of dispute resolution pursuant to ARTICLE 19 below, it will be paid to ENGIE Services U.S. within ten (10) Business Days after such final determination, plus Interest from the date billed or claimed until such amount is paid.

Section 8.06 Rebate Programs. ENGIE Services U.S. will assist Madera in the preparation and submission to the applicable agencies of applications and documentation necessary for the following energy efficiency rebate, incentive, and/or loan program(s): [PG&E Lighting rebates, EV charging station rebates].

ENGIE Services U.S. makes no guarantee that Madera will receive funding from any energy efficiency rebate, incentive, and/or loan program(s}, including those listed above (collectively, "Incentive Funds), or any portion thereof; ENGIE Services U.S. expressly disclaims any liability for Madera's failure to receive any portion of the Incentive Funds, and Madera acknowledges and agrees that ENGIE Services U.S. will have no liability for any failure to receive all or any portion of the Incentive Funds. Procurement, or lack thereof, of the Incentive Funds will not alter the Contract Amount of this Contract or the payment timeline associated with payment of the Contract Amount.

ARTICLE 9. WARRANTY I LIMITATION OF LIABILITY
EXCEPT FOR THE WARRANTIES PROVIDED IN THIS ARTICLE 9, ENGIE SERVICES U.S. MAKES NO

WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACT, WHETHER

EXPRESS OR IMPLIED IN LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR

FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. MADERA Will HAVE NO REMEDIES AGAINST EITHER ENGIE SERVICES U.S. OR ANY ENGIE SERVICES U.S. SUBCONTRACTOR OR VENDOR FOR ANY

DEFECTIVE MATERIALS OR EQUIPMENT INSTALLED, EXCEPT FOR THE REPAIR OR REPLACEMENT

OF SUCH MATERIALS OR EQUIPMENT IN ACCORDANCE WITH THE WARRANTIES INDICATED BELOW. SPECIFICALLY, NEITHER ENGIE SERVICES U.S., NOR ENGIE SERVICES U.S.'s Rev. Date: _ _ _ Page 16 of 59 ESC - CA Public
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SUBCONTRACTORS OR VENDORS, WILL BE LIABLE TO Madera FOR LOSS OF PROFITS OR FOR

ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY.

Section 9.01 ENGIE Services U.S. warrants to Madera that material and equipment furnished under this Contract will be of good quality and new, unless otherwise specifically required or permitted by this Contract. ENGIE Services U.S. further warrants that its workmanship provided hereunder, including its subcontractors' workmanship, will be free of material defects for a period of one (1) year from the date of Substantial Completion as indicated on the executed Certificate of Substantial Completion, or the date of Beneficial Use as indicated on the executed Certificate of Beneficial Use ("ENGIE Services U.S. Warranty").

Notwithstanding the preceding sentence, the date the ENGIE Services U.S. Warranty commences with respect to a specific piece or pieces of equipment may be further defined in Attachment C.

Section 9.02 Equipment and material warranties that exceed the ENGIE Services U.S. Warranty period will be provided directly by the equipment and/or material manufacturers and such warranties will be assigned directly to Madera, after the one (1) year period. During the ENGIE Serv.ices U.S. Warranty period, ENGIE Services U.S. will be Madera's agent in working with the equipment and material manufacturers in resolving any equipment or material warranty issues. If any material defects are discovered within the ENGIE Services U.S. Warranty period, ENGIE Services U.S., or ENGIE Services U.S.'s subcontractors, will correct its defects, and/or ENGIE Services U.S. will work with the equipment or material manufacturer as Madera's agent to facilitate the manufacturer's correction of the equipment or material defect. Such warranty services will be performed in a timely manner and at the reasonable convenience of Madera. If a warranty issue arises on any equipment or material installed after the ENGIE Services U.S. Warranty period, and the equipment or material has a warranty period that exceeds one (1) year, Madera will contact the manufacturer directly to resolve such warranty issues and Madera acknowledges that the manufacturer will have sole responsibility for such issues.

Section 9.03 The warranties in this ARTICLE 9 expressly exclude any remedy for damage or defect caused by improper or inadequate maintenance of the installed equipment by service providers other than ENGIE Services U.S. or its subcontractors, corrosion, erosion, deterioration, abuse, modifications or repairs not performed by an authorized ENGIE Services U.S. subcontractor, improper use or operation, or normal wear and tear under normal usage. ENGIE Services U.S. shall not be responsible for the cost of correcting a breach of warranty or defect to the extent that the manufacturer of the equipment that is the subject of a warranty hereunder does not honor its equipment warranty as a result of its termination of operations, insolvency, liquidation, bankruptcy or similar occurrence. Unless otherwise specified, all warranties hereunder, including without limitation those for defects, whether latent or patent, in design, engineering, or construction, will terminate one (1) year from the date of Substantial Completion or Beneficial Use; and thereafter, ENGIE Services U.S. will have no liability for breach of any warranty or for any latent or patent defect of any kind pursuant to California Code of Civil Procedure §§337.1 and 337.15.

Section 9.04 Madera and ENGIE Services U.S. have discussed the risks and rewards associated with this Project, as well as the Contract Amount to be paid to ENGIE Services U.S. for performance of the Work. Madera and ENGIE Services U.S. agree to allocate certain of the risks so that, to the fullest extent permitted by Applicable Law, ENGIE Services U.S.'s total aggregate liability to Madera and all third parties is limited to the Contract Amount for any and all injuries, damages, claims, losses, expenses, or claim expenses (including attorney's fees) arising out of this Contract from any cause or causes. Such causes include, but are not limited to, negligence, errors, omissions, strict liability, breach of contract, or breach of warranty.

ARTICLE 10. OWNERSHIP OF CERTAIN PROPERTY AND EXISTING EQUIPMENT Section 10.01 Ownership of Certain Proprietary Property Rights. (a) Ownership: Except as expressly provided in this Contract, Madera will not acquire, by virtue of this Contract, any rights or interest in any formulas, patterns, devices, software, inventions or processes, copyrights, patents, trade secrets, other intellectual property rights, or similar items of property which are or may be used in connection with the Work. ENGIE Services U.S. will own all inventions, improvements, technical data, models, processes, methods, and information and all other work products developed or used in connection with the Work, including all intellectual property rights therein.

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(b) License: Solely in connection with the Facilities, ENGIE Services U.S. grants to Madera a limited, perpetual, royalty-free, non-transferrable license for any ENGIE Services U.S. intellectual property rights necessary for Madera to operate, maintain, and repair any modifications or additions to Facilities, or equipment delivered, as a part of the Work. (c) Ownership and Use of Instruments of Service. All data, reports, proposals, plans, specifications, flow sheets, drawings, and other products of the Work (the "Instruments of Service") furnished directly or indirectly, in writing or otherwise, to Madera by ENGIE Services U.S. under this Contract will remain ENGIE Services U.S.'s property and may be used by Madera only for the Work. ENGIE Services U.S. will be deemed the author and owner of such Instruments of Service and will retain all common law, statutory and other reserved rights, including copyrights. The Instruments of Service may not be used by Madera or any Madera Person for future additions or alterations to the Project or for other projects, without the prior written agreement of ENGIE Services U.S. Any unauthorized use of the Instruments of Service will be at Madera's sole risk and without liability to ENGIE Services U.S. If Madera uses the Instruments of Service for implementation purposes, including additions to or completion of the Project, without the written permission of ENGIE Services U.S., Madera agrees to waive and release, and indemnify and hold harmless, ENGIE Services U.S., its subcontractors, and their directors, employees, subcontractors, and agents from any and all Losses associated with or resulting from such use.

Section 10.02 Ownership of any Existing Equipment. Ownership of any equipment and materials presently existing at the Facilities on the Contract Effective Date will remain the property of Madera even if such equipment or materials are replaced or their operation made unnecessary by work performed by ENGIE Services U.S. If applicable, ENGIE Services U.S. will advise Madera in writing of all equipment and materials that will be replaced at the Facilities and Madera will, within five (5) Business Days of ENGIE Services U.S.'s notice, designate in writing to ENGIE Services U.S. which replaced equipment and materials should not be disposed of off-site by ENGIE Services U.S. (the "Retained Items"). Madera will be responsible for and designate the location and storage for the Retained Items. ENGIE Services U.S. will be responsible for the disposal of replaced equipment and materials, except for the Retained Items. ENGIE Services U.S. will use commercially reasonable efforts to remove the Retained Items in such a manner as to avoid damage thereto, or if it is unreasonable to avoid damage altogether, to minimize the damage done. ENGIE Services U.S. will not be responsible for the removal and/or disposal of any Hazardous Substances except as required by the Scope of Work.

ARTICLE 11. INDEMNIFICATION I LIMITATION ON LIABILITY
Section 11.01 Indemnification.

Indemnity for Professional Liability: When the law establishes a professional standard of care for ENGIE Services U.S.'s Services, to the fullest extent permitted by law, ENGIE Services U.S. shall indemnify, protect, defend, and hold harmless Madera and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel's fees and costs but only to the extent the ENGIE Services U.S. (and its Subconsultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between ENGIE Services U.S. and Madera in the performance of professional services under this agreement.

Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, ENGIE Services U.S. shall indemnify, defend, and hold harmless Madera, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual or alleged, including legal counsel's fees and costs, court costs, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by ENGIE Services U.S. or by any individual for which ENGIE Services U.S. is legally liable, including, but not limited to officers, agents, employees, or subcontractors of ENGIE Services U.S., unless caused by the active negligence, sole negligence or willful misconduct of Madera.

Section 11.02 Waiver of Consequential Damages and Limitation of Liability. The liability of a defaulting Party will be limited to direct, actual damages. Except for third party claims subject to indemnification as set forth above in Section 11.01, neither Party shall be liable to the other Party for any Rev. Date: __ _ Page 18 of 59 ESC - CA Public
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special, indirect, incidental or consequential damages whatsoever, whether in contract, tort (including negligence) or strict liability, including, but not limited to, operational losses in the performance of business such as lost profits or revenues or any increase in operating expense.

ARTICLE 12. INSURANCE I BONDS
Section 12.01
i. Commercial General Liability
a. ENGIE Services U.S. shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than five million dollars ($5,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. ENGIE Services U.S.'s general liability policies shall be primary and shall not seek contribution from Madera's coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City of Madera and its officers, officials, employees, and agents shall be additional insureds under such policies. An endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required. b. Any failure to comply with reporting provisions of the policies by ENGIE Services U.S. shall not affect coverage provided Madera.
c. Coverage shall state that ENGIE Services U.S. insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
d. Coverage shall contain a waiver of subrogation in favor of Madera. ii. Business Automobile Liability
a. ENGIE Services U.S. shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than two million dollars ($2,000,000) per accident. iii. Workers' Compensation and Employers' Liability
a. ENGIE Services U.S. shall maintain Workers' Compensation Insurance and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). ENGIE Services U.S. shall submit to Madera, along with the certificate of insurance, a waiver of subrogation endorsement in favor of Madera, its officers, agents, employees, and volunteers. iv. Professional Liability
a. ENGIE Services U.S. shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and ENGIE Services U.S. agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
v. All Coverages
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a. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to Madera, except that ten (10) days' prior written notice shall apply in the event of cancellation for nonpayment of premium. b. All self-insurance, self-insured retentions, and deductibles must be declared and approved by Madera.
c. Evidence of Insurance - Prior to commencement of work, ENGIE Services U.S. shall furnish Madera with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. In the event that submitted certificates of insurance, additional insured endorsements, and waivers of subrogation are incomplete and unsatisfactory, Madera may request that ENGIE Services U.S. provide complete, certified copies of the required insurance policies. d. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an A.M. Best rating of A- VII or higher. e. Subcontractors - A category of risk and the applicable insurance requirements will be determined on a "per subcontractor" basis, considering the particular work to be done by the subcontractor and the interrelationship of that work to other work being conducted by ENGIE Services U.S.

Section 12.02 Performance and Payment Bonds. Prior to commencing Work under this Contract, ENGIE Services U.S. will furnish a performance bond, in an amount equal to one hundred percent (100%) of the Contract Amount, and a payment bond to guarantee payment of all claims for labor and materials furnished, in an amount equal to one hundred percent (100%) of the Contract Amount (collectively, the "Contract Bonds"). The Contract Bonds are not being furnished to cover the performance of any Professional Services, including any energy guaranty or guaranteed savings under this Contract, nor to cover any equipment and/or material manufacturer's warranty or other third-party warranty being assigned to Madera.

ARTICLE 13. DOE GUIDELINES; ENERGY POLICY ACT
Section 13.01 As authorized by §1605(b) of the Energy Policy Act of 1992 (Pub. L. No. 102-486) the U.S. Department of Energy has issued, and may issue in the future, guidelines for the voluntary reporting of Greenhouse Gas emissions ("DOE Guidelines"). "Greenhouse Gases" means those gases and other particles as defined in the DOE Guidelines. Madera hereby assigns and transfers to ENGIE Services U.S., and its Affiliates and assigns, any Greenhouse Gas emission reduction credits that result from the Work.

ARTICLE 14. MUNICIPAL ADVISOR
Section 14.01 THE PARTIES ACKNOWLEDGE AND AGREE THAT ENGIE SERVICES U.S. IS

NOT A MUNICIPAL ADVISOR AND CANNOT GIVE ADVICE TO MADERA WITH RESPECT TO MUNICIPAL SECURITIES OR MUNICIPAL FINANCIAL PRODUCTS ABSENT Madera BEING

REPRESENTED BY, AND REL YING UPON THE ADVICE OF, AN INDEPENDENT REGISTERED MUNICIPAL ADVISOR. ENGIE SERVICES U.S. IS NOT SUBJECT TO A FIDUCIARY DUTY WITH REGARD TO MADERA OR THE PROVISION OF INFORMATION TO MADERA. MADERA WILL CONSULT

WITH AN INDEPENDENT REGISTERED MUNICIPAL ADVISOR ABOUT THE FINANCING OPTION APPROPRIATE FOR MADERA'S SITUATION.

ARTICLE 15. TRADE SECRETS
If any materials or information provided by ENGIE Services U.S. to Madera under this Contract are designated by ENGIE Services U.S. as a "trade secret" or otherwise exempt from disclosure under the Public Records Act (California Government Code §6250 et seq., the "Act") and if a third party makes a request for disclosure of the materials under the Act, as soon as practical (but not later than five (5) calendar days) after Rev. Date: __ Page 20 of 59 ESC - CA Public
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receipt of such request, Madera will notify ENGIE Services U.S. of such request and advise ENGIE Services U.S. whether Madera believes that there is a reasonable possibility that the materials may not be exempt from disclosure. Within ten (10) calendar days after a third party's request for disclosure of materials under the Act, ENGIE Services U.S. will (i) authorize Madera to release the documents or information sought; or (ii) if ENGIE Services U.S. reasonably believes that the information is exempt from disclosure, advise Madera not to release the materials.

ARTICLE 16. EVENTS OF DEFAULT
Section 16.01 Events of Default by ENGIE Services U.S. Each of the following events or conditions will constitute an "Event of Default" by ENGIE Services U.S.:
(i) any substantial failure by ENGIE Services U.S. to perform or comply with this Contract, including a material breach of any covenant contained herein, and such failure continues for thirty (30) calendar days after notice to ENGIE Services U.S. demanding that such failure to perform be cured; provided that (1) such failure to perform will not be deemed a default hereunder if it is excused by a provision of this Contract, and (2) if such cure cannot be effected in thirty (30) calendar days, ENGIE Services U.S. will be deemed to have cured the default upon the commencement of a cure within thirty (30) calendar days and diligent subsequent completion thereof; or
(ii) any representation or warranty furnished by ENGIE Services U.S. in this Contract which was false or misleading in any material respect when made.

Section 16.02 Events of Default by Madera. Each of the following events or conditions will constitute an "Event of Default" by Madera:
(i) any substantial failure by Madera to perform or comply with this Contract, including a material breach of any covenant contained herein, and such failure continues for thirty (30) calendar days after notice to Madera demanding that such failure to perform be cured; provided that (1) such failure to perform will not be deemed a default hereunder if it is excused by a provision of this Contract; and (2) if such cure cannot be effected in thirty (30) calendar days, Madera will be deemed to have cured the default upon the commencement of a cure within thirty (30) calendar days and diligent subsequent completion thereof; or
(ii) any representation or warranty furnished by Madera in this Contract which was false or misleading in any material respect when made; or
(iii) any failure by Madera to pay any amount to ENGIE Services U.S. which is not paid within ten (10) calendar days after written notice from ENGIE Services U.S. that the amount is past due except where there is a dispute as to the amount.

ARTICLE 17. REMEDIES UPON DEFAULT
Section 17.01 Termination for Cause. If there is an Event of Default by either Party under this Contract, unless such Event of Default has been cured within the applicable time periods for a cure set forth in ARTICLE 16, the non-defaulting Party may terminate this Contract by providing three (3) Business Days' written notice to the defaulting Party in the case of a monetary default and ten (10) Business Days' written notice to the defaulting Party in the case of a non-monetary default. Upon termination of this Contract, each Party will promptly return to the other all papers, materials, and property of the other held by such Party in connection with this Contract. Each Party will also assist the other in the orderly termination of this Contract and the transfer of all aspects hereof, tangible and intangible, as may be necessary for the orderly, nondisrupted business continuation of each Party. If this Contract is so terminated, ENGIE Services U.S. will be entitled to payment for Work satisfactorily performed, earned profit and overhead, and costs incurred in accordance with this Contract up to the date of termination.

Section 17.02 Remedies Upon Default by ENGIE Services U.S. If an Event of Default by ENGIE Services U.S. occurs, Madera will be entitled to obtain any available legal or equitable remedies through arbitration proceedings instituted pursuant to ARTICLE 19, including, without limitation, terminating this Contract, or recovering amounts due and unpaid by ENGIE Services U.S. and/or damages, which will Rev. Date: _ _ _ Page 21 of 59 ESC - CA Public
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include Madera's reasonable, actual, direct out-of-pocket losses incurred by reason of such Event of Default and any cost of funding; loss of anticipated payment obligations; and any payment or delivery required to have been made on or before the date of the Event of Default and not made, including interest on any sums due, and losses and costs incurred as a result of terminating this Contract and all costs and expenses reasonably incurred in exercising the foregoing remedies.

Section 17.03 Remedies upon Default by Madera. If an Event of Default by Madera occurs, ENGIE Services U.S. will be entitled to obtain any available legal or equitable remedies through arbitration proceedings instituted pursuant to ARTICLE 19 including, without limitation, terminating this Contract or recovering amounts due and unpaid by Madera, and/or damages which will include ENGIE Services U.S.'s reasonable, actual, direct out-of-pocket losses incurred by reason of such Event of Default and any cost of funding; loss of anticipated payment obligations; and any payment or delivery required to have been made on or before the date of the Event of Default and not made, including Interest on any sums due, and losses and costs incurred as a result of terminating this Contract and all costs and expenses reasonably incurred in exercising the foregoing remedies.

ARTICLE 18. CONDITIONS BEYOND CONTROL OF THE PARTIES
Section 18.01 Excusable Events. If any Party is delayed in, or prevented from, performing or carrying out its obligations under this Contract by reason of any Excusable Event, such circumstance will not constitute an Event of Default, and such Party will be excused from performance hereunder and will not be liable to the other Party for or on account of any loss, damage, injury or expense resulting from, or arising out of, such delay or prevention. Notwithstanding the foregoing, no Party will be excused from any payment obligations under this Contract as a result of an Excusable Event.

Section 18.02 Utility Work. Madera expressly understands and agrees that Excusable Events may occur due to Interconnection Facilities work that may need to be performed by the local electric utility ("Utility") in order for ENGIE Services U.S. to fully implement the Project. "Interconnection Facilities" means any distribution or transmission lines and other facilities that may be required to connect equipment supplied under this Contract to an electrical distribution/transmission system owned and maintained by the Utility. Any Interconnection Facilities work that may be required will be performed by the Utility under the Interconnection Agreement.

ARTICLE 19. GOVERNING LAW AND RESOLUTION OF DISPUTES
Section 19.01 Governing Law. This Contract is governed by and must be interpreted under the laws of the State of California.

Section 19.02 Initial Dispute Resolution. If a dispute arises out of or relates to this Contract, the transaction contemplated by this Contract, or the breach of this Contract (a "Dispute"), either Party may initiate the dispute resolution process set forth in this ARTICLE 19 by giving notice to the other Party. The Parties will endeavor to settle the Dispute as follows:
(i) Field Representatives' Meeting: Within fifteen (15) Business Days after notice of the Dispute, ENGIE Services U.S.'s senior project management personnel will meet with Madera's project representative in a good faith attempt to resolve the Dispute. (ii) Management Representatives' Meeting: If ENGIE Services U.S.'s and Madera's project representatives fail to meet, or if they are unable to resolve the Dispute, senior executives for ENGIE Services U.S. and for Madera, neither of whom have had day-today management responsibilities for the Project, will meet, within thirty (30) calendar days after notice of the Dispute, in an attempt to resolve the Dispute and any other identified disputes or any unresolved issues that may lead to a dispute. If the senior executives of ENGIE Services U.S. and Madera are unable to resolve a Dispute or if a senior management conference is not held within the time provided herein, either Party may submit the Dispute to mediation in accordance with Section 19.03.

Section 19.03 Mediation. If the Dispute is not settled pursuant to Section 19.02, the Parties will endeavor to settle the Dispute by mediation under the Commercial Mediation Procedures of the American Arbitration Association. Mediation is a condition precedent to arbitration or the institution of legal or equitable proceedings by either Party. Once one Party files a request for mediation with the other Party and with the Rev. Date: __ _ Page 22 of 59 ESC - CA Public
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American Arbitration Association, the Parties agree to conclude the mediation within sixty (60) calendar days after filing the request. Either Party may terminate the mediation at any time after the first session, but the decision to terminate must be delivered in person by the Party's representative to the other Party's representative and the mediator. If the Dispute is not resolved by mediation within sixty (60) calendar days after the date of filing of the request for mediation, then the exclusive means to resolve the Dispute is final and binding arbitration, as described in Error! Reference source not found .. Either Party may initiate proceedings pursuant to Public Contract Code Sections 9204 et. seq.

Section 19.04 Multiparty Proceeding. Either Party may join third parties whose joinder would facilitate complete resolution of the Dispute and matters arising from the resolution of the Dispute.

Section 19.05 Lien Rights. Nothing in this ARTICLE 19 limits any rights or remedies not expressly waived by ENGIE Services U.S. that ENGIE Services U.S. may have under any lien laws or stop notice laws.

ARTICLE 20. REPRESENTATIONS AND WARRANTIES
Section 20.01 Each Party warrants and represents to the other that:
(i) it has all requisite power and authority to enter into this Contract, to perform its obligations hereunder and to consummate the transactions contemplated hereby; (ii) the execution, delivery, and performance of this Contract have been duly authorized by its governing body, or are in accordance with its organizational documents, and this Contract has been duly executed and delivered for it by the signatories so authorized, and constitutes its legal, valid, and binding obligation; (iii) the execution, delivery, and performance of this Contract will not breach or violate, or constitute a default under, its organizational documents or any contract, lease or instrument to which it is a party or by which it or its properties may be bound or affected; and
(iv) it has not received any notice, nor to the best of its knowledge is there pending or threatened any notice, of any violation of any Applicable Laws, awards or permits which would materially and adversely affect its ability to perform hereunder.

ARTICLE 21. NOTICE
Any notice required or permitted hereunder will be deemed sufficient if given in writing and delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, or delivered to a nationally recognized express mail service, charges prepaid, receipt obtained, to the address shown below or to such other persons or addresses as are specified by similar notice.

TO ENGIE SERVICES U.S.:

With a COPY TO:

TO Madera:

Rev. Date: __ _
ENGIE Services U.S. Inc.
500 12th Street, Suite 300
Oakland, CA 94607
Tel: (415) 735-9135
Attention: Eric Soenksen, Project Manager
Legal Department
ENGIE Services U.S. Inc.
150 East Colorado Boulevard, Suite 360
Pasadena, CA 91105-3711
Tel: 626-377-4948
Attention: Contract Administrator
City of Madera
205 W. 4th Street
Madera, CA 93637
Tel:

Attention:

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Madera City CouncilFebruary 19, 2025

Madera City Council
February 19, 2025