SCOPE OF WORK
FOR
Madera Municipal Airport (MAE)
Madera, California
Aeronautical Survey to Support AGIS Obstruction, ALP Updating Woolpert will complete an aeronautical survey and airspace analysis to support the development of an Airport Layout Plan. This survey will follow the standards for an aeronautical survey and submission to the FAA Airports GIS (AGIS) through the FAAs Airport Data and Information Portal (ADIP) as outlined in the following guidance:
FAA Advisory Circular 150/5300-16B, General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey. FAA Advisory Circular 150/5300-17C, Standards for Using Remote Sensing Technologies in Airport Surveys.
FAA Advisory Circular 150/5300-18B, General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards.
This project will consist of completing an aeronautical survey and data collection project following the Airport Layout Plan Column from Table 2-1 of the FAA AC -18B, a Vertically Guided Runway airspace analysis for all existing runways, as well as FAR Part 77 approach and departure surface analysis for each runway. In addition, Woolpert will analyze the PAPI OCS/LSCS Surfaces for each appropriate runway, truncated to the extents of the VG surface area.
The specific task and task details are as follows:
1.0 Aeronautical Survey Data Collection and Obstruction analysis for AC 150/5300-18B, Vertically Guided Approach Obstruction Identification Surfaces
Woolpert will collect and submit the necessary data for an airspace analysis based on existing airfield conditions. All necessary existing data will be submitted through the Airport Data and Information Portal (ADIP) as required by the aforementioned Advisory Circulars (AC). The following items will be performed as a part of this survey:
Initiate and complete an AGIS Project within the Airport Data and Information Portal (ADIP).
A Safety-Critical Data Collection, Not Including Design Data survey project will be created. o Develop and submit the Project SOW
o Develop and submit an Imagery Plan
o Develop and submit a Survey and Quality Control Plan
Prepare Airport Manager/Operator interviews
Establish or validate airport Geodetic Control. It is assumed that the existing PACS and SACS at the airfield are in good condition and can be verified. If it is determined the PACS and SACS are lost and/or disturbed, Temporary Survey Marks (TSMs) will be established in accordance with -16B and utilized as the basis of control for this project.
EXHIBIT A
Madera Municipal Airport (MAE)
Aeronautical Survey to Support AGIS Obstruction, ALP Updating October 3, 2024
o Perform, document, and report the tie to National Spatial Reference System (NSRS) o Document control features requiring digital photographs o Document control features requiring sketches
Establish photogrammetric control and collect stereo imagery covering the surface area defined by the -18B Vertically guided (VG) surfaces, FAR Part 77 approach and departure surfaces, and the PAPI OCS/LSCS surfaces, as shown in Exhibit No. 1. o Estimated 18 control points and 5 check points.
o Collect imagery with a 6” ground sample distance (GSD), flight layout will be provided.
o Collected with leaf-on conditions.
Geo-referencing of aerial photography
Perform or validate and document an airport airspace analysis based on existing airfield conditions for objects penetrating the Vertically Guided surfaces. o Woolpert will request existing obstacle data from the FAA for review of the OIS. As a value-added service, Woolpert will validate and update existing obstacles within 5nm of the Runway as necessary to reduce the number of duplicated obstacles within the FAA obstacle database.
o Woolpert will collect objects penetrating the OIS using the Object Density Selection Criteria (ODSC) as specified in Section 2.7.1.6 of FAA AC 150/5300-18B. Field verify a sampling of critical existing obstacle data currently in the FAA Obstacle Authoratative Source
Survey, monument, and document runway critical points (ends, thresholds, blast pads, stopways)
o Determine runway length and width, existing elements
o Determine runway profile on all runways using 50-foot stations, existing elements (10-foot stations and 10-foot offset left and right for all Part 139 airports) o Determine the touchdown zone elevation, existing elements o Determine the runway true azimuth, existing and future element o Document runway critical features requiring digital photographs o Document runway critical features requiring sketches
Determine or validate and document the position of navigational aids (NAVAID) and runway abeam points, existing elements.
o Document NAVAID features requiring digital photographs o Document NAVAID critical features requiring sketches
Collect major landmark features within imagery coverage. Populate calculable and required attributes.
Develop an AGIS-compliant data file containing the safety critical data required to achieve instrument approach procedure development.
Prepare a 6” pixel resolution ortho-rectified aerial photo from collected imagery covering the full extent of the OIS or covering the extent identified in Exhibit No. 3 Develop and submit a final project report
Develop and submit an imagery acquisition report
EXHIBIT A
Madera Municipal Airport (MAE)
Aeronautical Survey to Support AGIS Obstruction, ALP Updating October 3, 2024
2.0 Planimetric Mapping, Contours and Ortho-Rectified Aerial Photo Woolpert will Complete 1”=100’ scale airport planimetric mapping and 2-foot contour interval DEM of the area shown in Exhibit No. 2.
Mapping will include features required for standard Airport Layout Plan (ALP) base mapping, as shown in Exhibit No. 4.
Airport planimetric mapping will be delivered in AutoCAD format
3.0 Obstruction Analysis for Part 77, AC-13B Approach Surfaces and PAPI OCS/LSCS.
Woolpert will complete additional analysis covering the FAR Part 77 and AC-150/5300-13B surfaces Approach Surfaces, and PAPI OCS/LSCS surfaces for each runway, as applicable. The following surfaces will be analyzed for obstacles using the imagery collected as part of task item 1.0. The analysis will be compiled and delivered in AutoCAD format and incorporated into the ALP. Groups of trees or heavily wooded areas that are obstructions will be represented with polyline boundaries depicting the extent of the surface penetration.
Woolpert will collect objects penetrating these surfaces using the Object Density Selection Criteria (ODSC) as specified in Section 2.7.1.6 of FAA AC 150/5300-18B. Representative tree top elevations will also be reported within each area.
Obstacle analysis will be completed to show potential obstacles that penetrate the approach surfaces to account for future vegetation growth.
Woolpert will develop and deliver a Microsoft Excel file containing information to all Obstacles that were collected that penetrate the Obstruction Identification Surfaces This spreadsheet will contain Northing, Easting, Elevation, Penetration Depth, Station, and Offset information
Runway 12 - Existing
Part 77 Non-Precision Type C (34:1)
FAA AC-150/5300-13B Type 5 Approach Surface (20:1)
FAA AC-150/5300-13B Type 5 Approach Surface (34:1)
FAA AC-150/5300-13B Type 6 Approach Surface (30:1)
VGSI OCS/LSCS-PAPI (2-box) analysis will be truncated to the extent of the 18B Vertically Guided Surface/Imagery Limits, effectively 4 miles.
Runway 30 - Existing
Part 77 Non-Precision Type C (34:1)
FAA AC-150/5300-13B Type 5 Approach Surface (20:1)
FAA AC-150/5300-13B Type 5 Approach Surface (34:1)
FAA AC-150/5300-13B Type 6 Approach Surface (30:1)
VGSI OCS/LSCS-PAPI (2-box) analysis will be truncated to the extent of the 18B Vertically Guided Surface/Imagery Limits, effectively 4 miles.
Areas of terrain that penetrate the specified OIS surface shall be contoured at 2-foot intervals.
EXHIBIT A
Madera Municipal Airport (MAE)
Aeronautical Survey to Support AGIS Obstruction, ALP Updating October 3, 2024
Spot elevations will be provided on a 200’ grid inside the specified Part 77 approach surface This grid will not be provided in obscured areas
Areas of ground penetration will be captured at a 100 foot grid interval The outline of the limits of the ground penetrating the OIS surface is to be identified All railroad and road centerlines will have a spot elevation where they cross the extended runway centerline and the exterior limits of the OIS surfaces.
The Part 77 Imaginary Surfaces shall show 50 foot interval contours which are labeled.
Delivery Schedule
Woolpert will deliver the final deliverables for this project no later than 180 calendar days from the date of a notice to proceed or the ability to acquire leaf-on imagery, if NTP is issued during leaf-off season. It is assumed that the notice to proceed is received in a timely manner to facility collection of imagery during leaf-on conditions. A formal project delivery schedule will be compiled based on project needs and negotiated prior to starting this project.
Fee Breakdown
The fee breakdown shown in the following table is based on Lump Sum progress billing. These fees are valid for acquisition in 2026. If this project is delayed beyond 2026, additional fees may be required to cover escalation of costs.
Fee Breakdown – Lump Sum
Task Description Fee
1.0 – Aeronautical Survey and AGIS Data Submittal $62,275
2.0 – Planimetric Mapping, Contours, Ortho-Photo $26,357
3.0 – Part 77/AC-13B/PAPI OCS and LSCS Analysis $11,250 Lump Sum Fee Total $99,882
EXHIBIT A
Madera Municipal Airport (MAE)
Aeronautical Survey to Support AGIS Obstruction, ALP Updating October 3, 2024
Exhibit No. 1
Surface Analysis AOI and ALP Mapping Imagery Limits
EXHIBIT A
Madera Municipal Airport (MAE)
Aeronautical Survey to Support AGIS Obstruction, ALP Updating October 3, 2024
Exhibit No. 2
Planimetric Mapping Limits
EXHIBIT A
Madera Municipal Airport (MAE)
Aeronautical Survey to Support AGIS Obstruction, ALP Updating October 3, 2024
Exhibit No. 3
6” Ortho Limits
EXHIBIT A
Madera Municipal Airport (MAE)
Aeronautical Survey to Support AGIS Obstruction, ALP Updating October 3, 2024
Exhibit No. 4
Table 2-1 Survey Requirements Matrix from AC 150/5300-18B Intended End Use of the Data AC Reference Airport
Layout
Plan (ALP)
Instrument
Procedure
Development
Comments
Required Tasks V
Provide a Survey and Quality Control Plan 150/5300-16/17/18 • • Establish or validate Airport Geodetic Control 150/5300-16 • • Perform, document and report the tie to National Spatial Reference System (NSRS)
150/5300-16 • •
Survey runway end(s)/threshold(s) 150/5300-18 • •
Monument runway end(s)/threshold(s) 150/5300-18 • •
Document runway end(s)/threshold location(s) 150/5300-18 • •1 Identify and survey any displaced threshold(s) 150/5300-18 • • Monument displaced threshold(s) 150/5300-18 •1 •
Document displaced threshold(s) location 150/5300-18 • • Determine or validate runway length 150/5300-18 • •
Determine or validate runway width 150/5300-18 • •
Determine runway profile using 50 foot stations 150/5300-18 •2 • Determine runway profile using 10 foot stations 150/5300-18 •2 • Determine the touchdown zone elevation (TDZE) 150/5300-18 • • Determine and document the intersection point of all specially prepared hard surface (SPHS) runways
150/5300-18 •
Determine and document the horizontal extents of any
Stopways
150/5300-18 • •
Determine any Stopway profiles 150/5300-18 • •
Determine if the runway has an associated clearway 150/5300-18 • Survey clearway to determine objects penetrating the slope 150/5300-18 • • Determine and document the taxiway intersection to threshold distance
150/5300-18 •
Determine runway true azimuth 150/5300-18 • •
Determine or validate and document the position of
navigational aids
150/5300-18 • •
Determine or validate and document the position of runway abeam points of navigational aids
150/5300-18 •
Determine potential navigational aid screening objects 150/5300-18 Collect and document VOR receiver checkpoint location and associated data
150/5300-18
Perform or validate and document an airport airspace analysis 150/5300-18 • • Collect and document helicopter touchdown lift off area (TLOF)
150/5300-18 • •
Collect and document helicopter final approach and takeoff area (FATO)
150/5300-18 • •
Collect or validate and document airport planimetric data 150/5300-18 • Determine or validate the elevation of the Air Traffic Control Tower Cab Floor (if one is on the airport)
150/5300-18 •
Perform or validate a topographic survey 150/5300-18 • •4 Collect and document runway and taxiway lighting 150/5300-18 •
EXHIBIT A
Madera Municipal Airport (MAE)
Aeronautical Survey to Support AGIS Obstruction, ALP Updating October 3, 2024
Collect and document parking stand coordinates 150/5300-18 Collect cultural and natural features of landmark value 150/5300-18 • Determine elevation of roadways at the intersecting point of the Runway Protection Zone (RPZ) or the runway centerline extended
150/5300-18 •
Determine all Land Use to 65 DNL contour 150/5300-18 • Not provided by Woolpert
Document features requiring digital photographs 150/5300-18 • • Document features requiring sketches 150/5300-18 • •
Collect position and type of runway markings 150/5300-18 • Collect position and type taxiway markings 150/5300-18
Locate, collect, and document photo ID points 150/5300-17 Identify collect, and document wetlands or environmentally sensitive areas
150/5300-18 • Not provided by
Woolpert
Collect imagery 150/5300-17 • •
Provide a final Project Report 150/5300-16/18 • •
1 Only when runway construction is involved.
2 All 14 CFR Part 139 airports require 10 foot stations. At all other airports the distance between stations is between 10 and 50 feet to meet local requirements
3 Only required for the identified Category II and III special topographic survey³³ 4
For Cat II and III radar altimeter area or if specifically requested
EXHIBIT A
Madera Municipal Airport (MAE)
Aeronautical Survey to Support AGIS Obstruction, ALP Updating October 3, 2024
Exhibit No. 5
AC 150/5300-18B Required Feature Collection Table (when applicable) Safety Critical
Ac 150/5300-
18b Section
Number
Features
On Airport
Off Airport
5.4. Airfield
5.4.10. RunwayIntersection X
5.4.11. RunwayLAHSO X
5.4.12. RunwayElement X
5.4.18. TouchDownLiftOff X
5.4.19. MarkingArea (Runway only) X
5.4.20. MarkingLine (Runway only) X
5.4.22. Runway X
5.4.25. RunwayBlastPad X
5.4.26. RunwayEnd X
5.4.27. RunwayLabel X
5.4.28. Runway Safety Area Boundary (Existing) X
5.4.8. RunwayCenterline X
5.4.9. RunwayHelipadDesignSurfaces (Existing) X X
5.5. Airspace
5.5.2. Obstacle X X
5.5.3. ObstructionArea X X
5.5.4. ObstructionIDSurface X X
5.8. Geospatial
5.8. AirportControlPoints X X
5.8.9. CoordinateGridArea X X
5.10. Navigational Aids
5.10. Navaidequipment X X
EXHIBIT A
Madera Municipal Airport (MAE)
Aeronautical Survey to Support AGIS Obstruction, ALP Updating October 3, 2024
Non-Safety Critical
Ac 150/5300-
18b Section
Number
Features
On Airport
Off Airport
5.4. Airfield
5.4.1. AircraftGateStand X
5.4.14. Taxiwayholdingposition X
5.4.15. AirportSign X
5.4.16. Apron X
5.4.17. Deicing Area (Existing) X
5.4.19. MarkingArea (Off Runway) X
5.4.2. AircraftNonMovementArea X
5.4.20. MarkingLine (Off Runway) X
5.4.21. MovementArea X
5.4.24. RunwayArrestingArea X
5.4.29. Shoulder X
5.4.30. TaxiwayIntersection X
5.4.31. TaxiwayElement X
5.4.4. AirfieldLight X
5.4.5. ArrestingGear X
5.4.7. PassengerLoadingBridge X
5.5. Airspace
5.5.1. LandmarkSegment X X
5.5.5. RunwayProtectArea (Existing) X
5.7. Environmental
5.7.11. Shoreline X X
5.7.12. Wetland (no official delineation) X
5.7.3. Flood Zone X X
5.7.5. Forest Stand Area X X
5.7.7. Noise Contour X X
5.8. Geospatial
5.8.10. ElevationContour X X
5.8.11. ImageArea X X
5.9. Man Made Structures
5.9.1. Building X X
5.9.4. Fence X
EXHIBIT A
Madera Municipal Airport (MAE)
Aeronautical Survey to Support AGIS Obstruction, ALP Updating October 3, 2024
5.9.5. Gate X
5.9.6. Tower X X
5.13. Surface Transportation
5.13.1. Bridge X X
5.13.2. DrivewayArea X
5.13.3. DrivewayCenterline X
5.13.4. ParkingLot X X
5.13.5. RailroadCenterline X X
5.13.6. RailroadYard X X
5.13.7. RoadCenterline X X
5.13.8. RoadPoint X X
5.13.9. RoadSegment X X
5.14. Utilities
5.14.1. TankSite X
EXHIBIT A
Madera Muni, Madera, CA
Task Description Project
Manager
Senior
IFP/Aero
Engineer
Project
Engineer
(QA)
Subtotal
Hours
Travel
Cost Subtotal Cost Subtotal Task
Hourly Rate $225 $165 $100
Task One - Meetings & Coordination $5,910.00
Scoping / Kickoff Meeting 2 1 0 3 $615.00
Meeting with MAE Stakeholders to gather requirements 2 2 0 4 $780.00 B.E. Progress Updates (e-mail or telephone) 8 4 0 12 $2,460.00 Airport Current Conditions Coordination 2 0 0 2 $450.00 ATO/ATC Coordination 1 2 2 5 $755.00
Administrative Support 2 0 46 $850.00
Task Two - RWY 12 Approach Assessment $8,045.00
IFP Workspace Setup (Aeronautical Data) 1 2 25 $755.00
Review existing instrument procedures for current
criteria limitations and identify impacts from new AGIS Obstacle survey.
1 4 2 7 $1,085.00
Process & Deconflict new Obstacle Survey Data 1 3 2 $920.00 Assess obstacle & infrastructure compatibility for an
LPV/ILS approach with 200' HAT & 3/4SM
Improvements (Analysis limited to final & missed
approach segments)
6 8 3 17 $2,970.00
Assess Lighting / ALS Improvements 3 2 1 6 $1,105.00
Document Findings 2 4 1 7 $1,210.00
0 $0.00
Task Three - RWY 30 Approach Assessment $8,045.00
IFP Workspace Setup (Aeronautical Data) 1 2 2 5 $755.00 Review existing instrument procedures for current
criteria limitations and identify impacts from new AGIS Obstacle survey.
1 4 2 7 $1,085.00
Process & Deconflict new Obstacle Survey Data 1 3 2 $920.00 Assess obstacle & infrastructure compatibility for an
LPV/ILS approach with 200' HAT & 3/4SM
Improvements (Analysis limited to final & missed
approach segments)
6 8 3 17 $2,970.00
Assess Lighting / ALS Improvements 3 2 1 6 $1,105.00
Document Findings 2 4 1 7 $1,210.00
0 $0.00
Task Four - Final Report $8,200.00
TERPS Procedure Feasibility Report Development 16 16 4 36 $6,640.00 Virtual MAE Report Presentation (no travel) 4 4 8 $1,560.00 00 Subtotals 0 65 75 32 160 $0
$0 $14,625 $12,375 $3,200
Grand Total $30,200.00
Exhibit B
Flight Tech Scope of Work
Feasibility Study - Visability Reduction
ATTACHMENT 1
COST ESTIMATES
MADERA MUNICIPAL AIRPORT
MADERA, MADERA COUNTY, CALIFORNIA
Cost Estimates of the project are included in this attachment as follows:
Attachment 1A – Breakdown of Engineering Costs
Attachment 1B – Breakdown of Administration Costs
Attachment 1C – Summary of Project Costs
Also included:
Record of Negotiations and
Independent Fee Estimate (IFE)
ATTACHMENT NO. 1A
Project Scoping/Pre-Planning
Principal Engineer 10.0 Hrs. @ $ 300.00 $ 3,000.00
Senior Engineer 7.0 Hrs. @ 180.00 1,260.00
Project Administrator 4.0 Hrs. @ 100.00 400.00
Mileage 300.0 Hrs. @ 0.58 174.00
Total Project Scoping $ 4,834.00
Use $ 5,000.00
DBE Goal Calculation
DBE Specialist Subconsultant $ 6,000.00
Principal Engineer 2.0 Hrs. @ 300.00 600.00
Total - DBE Goal Calculation $ 6,600.00
Use 6,600.00
Inventory
Principal Engineer 12.0 Hrs. @ $ 300.00 $ 3,600.00
Senior Engineer 5.0 Hrs. @ 180.00 900.00
Project Administrator 10.0 Hrs. @ 100.00 1,000.00
Total Inventory $ 5,500.00
Use 6,000.00
Aviation Forecast/Critical Aircraft
Principal Engineer 25.0 Hrs. @ $ 300.00 $ 7,500.00
Junior Engineer 5.0 Hrs. @ 180.00 900.00
Total Aviation Forecast/Critical Aircraft $ 8,400.00
Use 9,000.00
Environmental & Wildlife Hazard Management
Environmental Subconsultant $ 8,000.00
Subconsultant Markup - 10% 800.00
Total Environmental 8,800.00
Airport Geospatial Information System (AGIS) and Obstruction Mitigation Plan Aeronautical Survey and AGIS Data Submittal $ 62,275.00 Planimetric Mapping, Contours, Ortho-Photo 26,357.00
Part 77/AC-13B/PAPI OCS & LSCS Analysis 11,250.00
Subconsultant Markup - 10% 9,988.20
Principal Engineer 20.0 Hrs. @ $ 300.00 6,000.00
Junior Engineer 20.0 Hrs. @ 120.00 2,400.00
Project Administrator 5.0 Hrs. @ 100.00 500.00
Total AGIS & Obstruction Mitigation $ 127,570.20
Use 128,000.00
Facility Requirements Analysis
Principal Engineer 42.0 Hrs. @ $ 300.00 $ 12,600.00
Total Facility Requirements $ 12,600.00
Use 13,000.00
Not to Exceed
Not to Exceed
BREAKDOWN OF ENGINEERING COSTS
MADERA MUNICIPAL AIRPORT
Airport Layout Plan Narrative with Updated ALP Drawings and AGIS Survey 2025 AIRPORT IMPROVEMENT PROGRAM - PLANNING
MADERA, CALIFORNIA
Not to Exceed
ATTACHMENT 1A - Page 1 of 4 4/21/2025
ATTACHMENT NO. 1A
BREAKDOWN OF ENGINEERING COSTS
MADERA MUNICIPAL AIRPORT
Airport Layout Plan Narrative with Updated ALP Drawings and AGIS Survey 2025 AIRPORT IMPROVEMENT PROGRAM - PLANNING
MADERA, CALIFORNIA
Alternatives Development and Evaluation
Principal Engineer 25.0 Hrs. @ $ 300.00 $ 7,500.00
Senior Engineer 10.0 Hrs. @ 180.00 1,800.00
Flight Procedures Subconsultant 30,200.00
Subconsultant Markup - 10% 3,020.00
Total Alternatives $ 42,520.00
Use 43,000.00
ALP Updated Plans including Exhibit "A"
Principal Engineer 100.0 Hrs. @ $ 300.00 $ 30,000.00
Senior Engineer 250.0 Hrs. @ 180.00 45,000.00
Senior Drafter 100.0 Hrs. @ 120.00 12,000.00
Clerical 30.0 Hrs. @ 85.00 2,550.00
Total ALP Updated Plans $ 89,550.00
Use 90,000.00
Development Summary
Principal Engineer 25.0 Hrs. @ $ 300.00 $ 7,500.00
Senior Engineer 20.0 Hrs. @ 180.00 3,600.00
Junior Engineer 16.0 Hrs. @ 120.00 1,920.00
Total Development Summary $ 13,020.00
Use 13,000.00
Narrative Report
Principal Engineer 30.0 Hrs. @ $ 300.00 $ 9,000.00
Project Administrator 15.0 Hrs. @ 100.00 1,500.00
Clerical 10.0 Hrs. @ 85.00 850.00
Total Narrative Report $ 11,350.00
Use 12,000.00
FAA/City Coordination
Principal Engineer 30.0 Hrs. @ $ 300.00 $ 9,000.00
Senior Engineer 10.0 Hrs. @ 180.00 1,800.00
Senior Drafter 10.0 Hrs. @ 120.00 1,200.00
Project Administrator 10.0 Hrs. @ 100.00 1,000.00
Clerical 4.0 Hrs. @ 85.00 340.00
Total FAA Coordination $ 13,340.00
Use 14,000.00
Total Engineering Fees $ 348,400.00
ATTACHMENT 1A - Page 2 of 4 4/21/2025
ATTACHMENT NO. 1B
Public Works Operations Director $ 6,000.00
Administrative Analyst 5,000.00
Legal Notices, Mailing, Printing, etc. 4,000.00
Total Administration Costs $ 15,000.00
Use $ 15,000.00
MADERA MUNICIPAL AIRPORT
2025 AIRPORT IMPROVEMENT PROGRAM - PLANNING
BREAKDOWN OF ADMINISTRATION COSTS
Airport Layout Plan Narrative with Updated ALP Drawings and AGIS Survey
MADERA, CALIFORNIA
Attachment 1B 4/21/2025
ATTACHMENT NO. 1C
Total
Engineering Administration Project F.A.A. Local State
Description Cost Costs Cost Participation Participation Participation Airport Layout Plan
Narrative with Updated
ALP Drawings
$ 220,400 $ 9,000 $ 229,400 $ 217,930 $ 574 $ 10,897
Aeronautical Study and
Obstruction Mitigation
Plan
128,000 6,000 134,000 127,300 335 6,365
Totals $ 348,400 $ 15,000 $ 363,400 $ 345,230 $ 909 $ 17,262
SUMMARY OF PROJECT COSTS
MADERA MUNICIPAL AIRPORT
MADERA, CALIFORNIA
2025 AIRPORT IMPROVEMENT PROGRAM - PLANNING
AIRPORT LAYOUT PLAN NARRATIVE WITH UPDATED ALP DRAWINGS AND AGIS SURVEY Attachment 1C 4/21/2025
The City of Madera, 205 W 4th Street, Madera, CA 93637
PHONE: (559) 661-5400 • www.madera.gov
April 21, 2025
Mr. Jeffrey Spencer
Community Planner
Federal Aviation Administration
Airports District Office
2999 Oak Road, Suite 200
Walnut Creek, CA 94597
Subject: Madera Municipal Airport, Madera, California
2025 Airport Improvement Program
Airport Layout Plan Narrative with Updated ALP Drawings and AGIS Survey Record of Negotiations
Dear Dr. Spencer:
The City of Madera proposes to perform an Airport Layout Plan Narrative with Updated ALP Drawings and an Airport Geospatial Information Survey (AGIS) at Madera Municipal Airport, Madera, California, under the 2025 Airport Improvement Program of the Federal Aviation Administration. It is proposed to use the services of Brandley Engineering to conduct these studies. The City of Madera and Brandley Engineering entered into negotiations for the engineering fees related to this project.
The consulting firm of Brandley Engineering was selected in 2024 from those consultants who submitted their qualifications for planning/environmental services through an AC 150/5100-14E compliant RFQ process. Brandley Engineering submitted a detailed scope of work and cost proposal in the amount of $348,400 on November 20, 2024.
Jerry Martinez, City Engineering Project Manager, was provided the scope of work and tasked with preparing an IFE with oversight by Jennifer Stickman, City Procurement Services Manager, and David Austin Administrative Analyst. Jerry Martinez, Jennifer Stickman and David Austin met on January 13, 2025, March 10, 2025, and on March 20, 2025, to review the draft IFE and scope of work. After a few revisions the IFE for an estimated engineering cost for the proposed scope of work of $333,218 was completed on March 26, 2025.
The Sponsor’s Independent Fee Estimate of $333,218 is within 4% of the consultant’s fee proposal. Since the IFE was within 10% of the consultant’s fee proposal, the Sponsor considers this reasonable and recommends accepting the consultant’s fee of $348,400. The final fee proposal is considered reasonable by the Sponsor. A contract is currently being prepared for the agreement between the Sponsor and consultant and will be executed after receipt of the FAA grant. The analysis was conducted in good faith to ensure the fees are fair and reasonable. The procedures outlined in AC 150/5100-14 have been followed.
Very truly yours,
The CITY OF MADERA
EXHIBIT B
Principal Senior Junior Senior Senior Project Enrivonmental AGIS Flight Procedure Total SCOPE / TASK TITLE Planner Planner Planner Engineer Drafter Administrator Clerical Subconsultant Subconsultant Subconsultant DBE Hours TASK Stage 1 ‐ Project Scoping/Pre‐Planning
1-1 Project Scoping-Tasks, Preliminary Estimates, Meetings with County and FAA 4 8 8 2 2 8 8 2 42 1-2 Develop Study Design-Airport Development Issues and Types of Analyses 4 8 4 2 2 4 2 2 28 1-3 Develop Schedules 2 2 4 2 2 2 1 2 17
1-4 Deliverables 24 4 1 4 2 4 1 22
Total Stage 1 ‐ Project Scoping 12 8 0 22 12 7 10 16 15 0 7 109 Stage 2 ‐ DBE Goal Calculation
2-1 DBE Goal Calculation 4 8 2 2 4 5 25
Total Stage 2 ‐ DBE Goal Calculation 4 0 0 8 0 0 2 2 4 0 5 25 Stage 3 ‐ Inventory
3-1 Prepare Inventory of Existing Facilities including Research and Meeting with Sponsor 4 40 16 2 8 2 72 Total Stage 3 ‐ Inventory 4 0 040 162 8 0 2 0 0 72
Stage 4 ‐ Aviation Forecast/Critical Aircraft
4-1 Research Demographic, Employment, Business, and Cultural Trends 4 24 2 1 2 4 37 4-2 Select Forecasting Methodology 4 16 2 1 2 25
4-3 Develop Detailed Aviation Forecasts for Short-, Mid-, and Long Term 4 16 2 1 1 24 4-4 Determine Critical Aircraft 2 8 1 1 1 13
Total Stage 4 ‐ Aviation Forecast/Critical Aircraft 14 0 0 64 7 46 4 0 0 0 99 Stage 5 ‐ Environmental and Wildlife Hazard Management
5-1 Develop Overview of Environmental Conditions including Cultural Resources 4 12 16 4 1 2 24 0 63 5-2 Develolp Overview of Widlife Hazard Management Conditions 4 12 16 4 1 2 16 55 Total Stage 5 ‐ Environmental & Wildlife Hazard Management 8 24 32 8 0 2 4 40 0 0 0 118 Stage 6 ‐ AGIS Survey and Obstruction Mitigation Plan
6-1 AGIS Survey 88 8 4 70 80 178
6-2 Obstruction Mitigation Plan 4 8 8 4 70 80 174
Total Stage 6 ‐ AGIS Survey and Obstruction Mitigation Plan 12 0 0 16 16 0 8 0 140 160 0 352 Stage 7 ‐ Facility Requirements Analysis
7-1 Analyze Airport's Compliance with FAA Design Standards, including RSA Inventory 4 16 12 4 1 37 7-2 Flight Procedures Analysis 2 16 8 4 30
7-3 Analyze Airport's Demands and Required Facilities 4 16 8 4 32 Total Stage 7 ‐ Facility Requirements Analysis 10 0 0 48 28 0 12 0 0 0 1 99 Stage 8 ‐ Alternatives Development and Evaluation
8-1 Evaluate Development Objectives and Present Recommendations 4 16 16 8 4 48 Total Stage 8 ‐ Alternatives Development and Evaluation 4 0 0 16 16 8 4 0 0 0 0 48 Stage 9 ‐ ALP Updated Plans including Exhibit "A"
9-1 Cover Sheet 28 16 1 1 1 29
9-2 Existing Airport Layout Plan 4 8 16 1 4 33
9-3 Future Airport Layout Plan 10 16 40 1 2 4 739-4 Data Tables 216 16 1 1 1 379-5 Terminal Area Layout Plan 4 8 10 1 2 1 26 9-6 Airport Airspace Drawing 2 16 24 1 1 44
9-7 Inner Portion of Approach Surface Drawing 2 16 16 1 35 9-8 Airport Land Use Compatibility Plan 2 8 16 1 1 28
9-9 Airport Property Map-Exhibit "A" 2 8 16 1 2 1 30
Exhibit A Title Search 410 16 5 35
Total Stage 9 ‐ ALP Updated Plans including Exhibit "A" 30 0 0 108 180 25 13 0 14 0 0 370 Stage 10 ‐ Development Summary
10-1 Analysis of Airport Needs & Prioritizing/Phasing Summary Developments 4 24 16 1 4 49 10-2 Develop Preliminary Cost Estimates and Available Funding Sources 2 24 16 1 4 47 Total Stage 10 ‐ Development Summary 6 0 048 322 8 0 0 0 0 96 MADERA MUNICIPAL AIRPORT ‐ MADERA, CALIFORNIA
Independent Fee Estimate
Airport Layout Plan Narrative with Updated ALP Drawings and AGIS Survey 3 Exhibit B August 2019
EXHIBIT B
Principal Senior Junior Senior Senior Project Enrivonmental AGIS Flight Procedure Total SCOPE / TASK TITLE Planner Planner Planner Engineer Drafter Administrator Clerical Subconsultant Subconsultant Subconsultant DBE Hours Independent Fee Estimate
Stage 11 ‐ Narrative Report
11-1 Introduction 2 81 11
11-2 Inventory of Existing Facilities 2 8 2 2 2 16
11-3 Aeronautical Forecasts 4 8 1 13
11-4 Demand/Capacity Analysis & Facility Requirements Determination 4 16 1 8 29 11-5 Preliminary Identification of Environmental Features 2 8 1 12 1 24 11-6 Alternatives/Proposed Development 2 16 1 12 31
11-7 Development Summary 4 16 1 1 8 1 3111-8 Executive Summary 4 16 1 4 1 26 Total Stage 11 ‐ Narrative Report 24 0 0 96 4 0 12 40 4 0 1 181 Stage 12 ‐ FAA and City Coordination
12-1 FAA and City Coordination 16 2 16 1 8 8 8 8 8 75
12-2 Project Management 24 2 16 8 8 8 8 8 82
Total Stage 12 ‐ FAA and City Coordination 40 4 0 32 1 0 16 16 16 16 16 157 Staff Hours 168 36 32 506 312 50 103 118 195 176 30 1,726 Labor Rate/Hr $ $ 300.00 $ 180.00 $ 120.00 $ 180.00 $ 120.00 $ 100.00 $ 76.00 $ 200.00 $ 250.00 $ 300.00 $ 200.00 $ 50,400 $ 6,480 $ 3,840 $ 91,080 $ 37,440 $ 5,000 $ 7,828 $ 23,600 $ 48,750 $ 52,800 $ 6,000 $ 333,218 Exhibit B August 2019
ATTACHMENT 2
EXHIBIT “A”, PROPERTY MAP
MADERA MUNICIPAL AIRPORT
MADERA, MADERA COUNTY, CALIFORNIA
Exhibit “A” Airport Property Map dated December 15, 2016 is included in this Attachment 1. This Property Map was approved by the FAA along with the Airport Layout Plan set of drawings on August 22, 2017.
ATTACHMENT 3
STANDARD DOT TITLE VI ASSURANCES
MADERA MUNICIPAL AIRPORT
MADERA, MADERA COUNTY, CALIFORNIA
ATTACHMENT NO. 3
STANDARD DOT TITLE VI ASSURANCES
City of Madera (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that:
1. Each "program" and "facility" (as defined in Sections 21.23(e) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations.
2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations.
3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith.
4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property.
5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties:
(a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this Project; and
(b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project.
6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods:
(a) The period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) The period during which the Sponsor retains ownership or possession of the property.
7. It will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this assurance.
8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor.
DATED 42425
CITY OF MADERA
(Sponsor)
By
Arnoldo Rodriguez, City Manager
STANDARD DOT TITLE VI ASSURANCES 8/29/96
CONTRACTOR CONTRACTUAL REQUIREMENTS
ATTACHMENT 1
During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the contractor's non-compliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to:
a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
STANDARD DOT TITLE VI ASSURANCES 8/29/96
CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR
INSTRUMENTS
ATTACHMENT 2
The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b).
1. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended.
2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended.
ATTACHMENT 4
SYSTEM FOR AWARD MANAGEMENT (SAM)
MADERA MUNICIPAL AIRPORT
MADERA, MADERA COUNTY, CALIFORNIA
CITY OF MADERA
Unique Entity ID
GM14DSJ51PR1
CAGE / NCAGE
4ANF8
Purpose of Registration
Federal Assistance Awards Only
Registration Status
Active Registration
Expiration Date
Nov 8, 2025
Physical Address
205 W 4TH ST
Madera, California 93637-3527
United States
Mailing Address
205 W. 4TH Street
Madera, California 93637-3527
United States
Business Information
Doing Business as
(blank)
Division Name
(blank)
Division Number
(blank)
Congressional District
California 13
State / Country of Incorporation
(blank) / (blank)
URL
www.madera.gov
Registration Dates
Activation Date
Nov 13, 2024
Submission Date
Nov 8, 2024
Initial Registration Date
Jun 6, 2005
Entity Dates
Entity Start Date
Mar 27, 1907
Fiscal Year End Close Date
Jun 30
Immediate Owner
CAGE
(blank)
Legal Business Name
(blank)
Highest Level Owner
CAGE
(blank)
Legal Business Name
(blank)
Executive Compensation
Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions.
Proceedings Questions
Registrants in the System for Award Management (SAM.gov) respond to proceedings questions in accordance with FAR 52.209-7, FAR 52.209-9, or 2. C.F.R. 200 Appendix XII. Their responses are displayed in the responsibility/qualification section of SAM.gov. Maintaining an active registration in SAM.gov demonstrates the registrant responded to the proceedings questions.
Exclusion Summary
Active Exclusions Records?
No
SAM Search Authorization
I authorize my entity's non-sensitive information to be displayed in SAM public search results:
Yes
Entity Types
Business Types
Entity Structure
U.S. Government Entity
Entity Type
US Local Government
Organization Factors
(blank)
Profit Structure
(blank)
Last updated by Anthony Forestiere on Nov 08, 2024 at 11:44 AM CITY OF MADERA Apr 17, 2025 02:37:45 PM GMT
https://sam.gov/entity/GM14DSJ51PR1/coreData?status=null Page 1 of 2 Socio-Economic Types
Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA-certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration.
Government Types
U.S. Local Government
City
Other Government Entities
Planning Commission
Airport Authority
Transit Authority
Financial Information
Accepts Credit Card Payments
No
Debt Subject To Offset
No
EFT Indicator
0000
CAGE Code
4ANF8
Points of Contact
Electronic Business
Arnoldo Rodriguez, Mr.
205 W. 4TH Street
Madera, California 93637
United States
Marcela Zuniga, Ms. 205 West 4TH Street
Madera, California 93637
United States
Government Business
Arnoldo Rodriguez, Mr.
205 W. 4TH Street
Madera, California 93637
United States
Marcela Zuniga, Grant Administrator 205 West 4TH Street Madera, California 93637
United States
Past Performance
Marcela Zuniga, Grants Administrator
205 West 4TH Street
Madera, California 93637
United States
Service Classifications
NAICS Codes
Primary NAICS Codes NAICS Title
Disaster Response
This entity does not appear in the disaster response registry.
Last updated by Anthony Forestiere on Nov 08, 2024 at 11:44 AM CITY OF MADERA Apr 17, 2025 02:37:45 PM GMT
https://sam.gov/entity/GM14DSJ51PR1/coreData?status=null Page 2 of 2 ATTACHMENT 5
SPONSOR CERTIFICATIONS
MADERA MUNICIPAL AIRPORT
MADERA, MADERA COUNTY, CALIFORNIA
This attachment consists of the following Sponsor Certifications:
Drug-Free Workplace
Selection of Consultants
Potential Conflicts of Interests
Attachment 2: FAA AIG Grant Agreement Template
1 U.S. Department
of Transportation
Federal Aviation
Administration
FY 2025 AIRPORT INFRASTRUCTURE GRANT
TEMPLATE ONLY ** GRANT AGREEMENT ** TEMPLATE ONLY
Part I - Offer
Federal Award Offer Date {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}} Airport/Planning Area [Selection Criteria: Airport Name or Planning Area] Airport Infrastructure Grant
Number [Selection Criteria: Grant Number Formatted]
Unique Entity Identifier [Selection Criteria: DUNS Number] TO: [Selection Criteria: Sponsor Name]
(herein called the "Sponsor") (For Co-Sponsors, list all Co-Sponsor names. The word "Sponsor" in this Grant Agreement also applies to a Co-Sponsor.)
[Please Enter Co-Sponsor Name(s)]
FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated [Selection Criteria: Project Application Date], for a grant of Federal funds for a project at or associated with the [Selection Criteria:
Airport Name or Planning Area], which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the [Selection Criteria: Airport Name or Planning Area] (herein called the “Project”) consisting of the following:
[Selection Criteria: Project Description]
which is more fully described in the Project Application.
NOW THEREFORE, Pursuant to and for the purpose of carrying out the Infrastructure Investment and Jobs Act (IIJA) (Public Law number (P.L.) 117-58) of 2021; FAA Reauthorization Act of 2024 (P.L. 118-63); and the representations contained in the Project Application; and in consideration of: (a) the Sponsor’s adoption and ratification of the attached Grant Assurances dated April 2025, interpreted, and applied consistent with the FAA Reauthorization Act of 2024; (b) the Sponsor’s acceptance of this Offer; and (c) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurance and conditions as herein provided; 2 THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay [%Selection Criteria: Federal Share Percent%] % of the allowable costs incurred accomplishing the Project as the United States share of the Project.
Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $[Selection Criteria: Obligation Amount].
The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b):
$[Selection Criteria: Planning Amount] for planning
$[Selection Criteria: Noise Amount] airport development or noise program implementation; and, $[Selection Criteria: Land Acquisition Amount] for land acquisition.
2. Grant Performance. This Grant Agreement is subject to the following Federal award requirements:
a. Period of Performance:
1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed by the last Sponsor signatory to the Agreement. The end date of the Period of Performance is 4 years (1,460 calendar days) from the date of acceptance. The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement.
2. Means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions or budget periods (2 Code of Federal Regulations (CFR) § 200.1)except as noted in 49 U.S.C § 47142(b). b. Budget Period:
1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as the Period of Performance provided in paragraph 2(a)(1). Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period and as stated in 49 U.S.C § 47142(b). Eligible project-related costs incurred on or after November 15, 2021, that comply with all Federal funding procurement requirements and FAA standards are allowable costs.
2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which Sponsors are authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to 2 CFR § 200.308.
c. Close Out and Termination
Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the Period of Performance. If the Sponsor does not submit all required closeout documentation within this time period, the FAA will proceed to close out the grant within one year of the Period of Performance end date with 3 the information available at the end of 120 days (2 CFR § 200.344). The FAA may terminate this agreement and all of its obligations under this agreement if any of the following occurs:
(a) (1) The Sponsor fails to obtain or provide any Sponsor grant contribution as required by the agreement;
(2) A completion date for the Project or a component of the Project is listed in the agreement and the Recipient fails to meet that milestone by six months after the date listed in the agreement;
(3) The Sponsor fails to comply with the terms and conditions of this agreement, including a material failure to comply with the Project Schedule even if it is beyond the reasonable control of the Sponsor;
(4) Circumstances cause changes to the Project that the FAA determines are inconsistent with the FAA’s basis for selecting the Project to receive a grant; or (5) The FAA determines that termination of this agreement is in the public interest. (b) In terminating this agreement under this section, the FAA may elect to consider only the interests of the FAA.
(c) The Sponsor may request that the FAA terminate the agreement under this section.
3. Ineligible or Unallowable Costs. In accordance with P.L. 117-58, Division J, Title VIII 49 U.S.C. § 49 U.S.C. § 47110, the Sponsor is prohibited from including any costs in the grant funded portions of the project that the FAA has determined to be ineligible or unallowable, including costs incurred to carry out airport development implementing policies and initiatives repealed by Executive Order 14148, provided such costs are not otherwise permitted by statute.
4. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages.
5. Determining the Final Federal Share of Costs. The United States’ share of allowable project costs will be made in accordance with 49 U.S.C. § 47109, the regulations, policies, and procedures of the Secretary of Transportation (“Secretary”), and any superseding legislation. Final determination of the United States’ share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs.
6. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this Agreement, IIJA (P.L. 117-58), and the regulations, policies, and procedures of the Secretary. Per 2 CFR § 200.308, the Sponsor agrees to report and request prior FAA approval for any disengagement from performing the project that exceeds three months or a 25 percent reduction in time devoted to the project. The report must include a reason for the project stoppage. The Sponsor also agrees to comply with the grant assurances, which are part of this Agreement.
4 7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor.
8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before [Selection Criteria: Offer Expiration Date], or such subsequent date as may be prescribed in writing by the FAA.
9. Improper Use of Federal Funds and Mandatory Disclosure. a. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this Grant Agreement, the term “Federal funds” means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. b. The Sponsor, a recipient, and a subrecipient under this Federal grant must promptly comply with the mandatory disclosure requirements as established under 2 CFR § 200.113, including reporting requirements related to recipient integrity and performance in accordance with Appendix XII to 2 CFR Part 200.
10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this Grant Agreement.
11. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI). a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov).
b. Unique entity identifier (UEI) means a 12-character alpha-numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/content/entity-registration.
12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this Agreement electronically via the Delphi eInvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 5 13. Informal Letter Amendment of IIJA Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation.
The FAA can, subject to the availability of Federal funds, also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA’s authority to increase the maximum obligation does not apply to the “planning” component of Condition No. 1, Maximum Obligation.
The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States.
An informal letter amendment has the same force and effect as a formal grant amendment.
14. Environmental Standards. The Sponsor is required to comply with all applicable environmental standards, as further defined in the Grant Assurances, for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Grant Agreement.
15. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports.
16. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. § 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods produced outside the United States to be used for any project for which funds are provided under this Grant. The Sponsor will include a provision implementing Buy American in every contract and subcontract awarded under this Grant.
17. Build America, Buy American. The Sponsor must comply with the requirements under the Build America, Buy America Act (P.L. 117-58).
18. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this Grant:
a. May not be increased for a planning project;
b. May be increased by not more than 15 percent for development projects, if funds are available;
c. May be increased by not more than the greater of the following for a land project, if funds are available:
1. 15 percent; or
2. 25 percent of the total increase in allowable project costs attributable to acquiring an interest in the land.
If the Sponsor requests an increase, any eligible increase in funding will be subject to the United States Government share as provided in IIJA (P.L. 117-58), or other superseding legislation if applicable, for the fiscal year appropriation with which the increase is funded. The FAA is not responsible for the same Federal share provided herein for any amount increased over the initial 6 grant amount. The FAA may adjust the Federal share as applicable through an informal letter of amendment.
19. Audits for Sponsors.
** SELECT FOR PRIVATE SPONSORS:
PRIVATE SPONSORS. When the Period of Performance has ended, the Sponsor must provide a copy of an audit of this award prepared in accordance with Federal audit requirements to the applicable Airports District Office or Regional Office.
A Sponsor expending less than $1,000,000 in Federal awards and exempt from Federal audit requirements must make records available for review or audit by the appropriate Federal agency officials, State, and Government Accountability Office. The FAA and other appropriate Federal agencies may request additional information to meet all Federal audit requirements. ** SELECT FOR PUBLIC SPONSORS:
PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program-specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse’s Internet Data Entry System at http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. Sponsors that expend less than $1,000,000 in Federal awards and are exempt from Federal audit requirements must make records available for review or audit by the appropriate Federal agency officials, State, and Government Accountability Office.
The FAA and other appropriate Federal agencies may request additional information to meet all Federal audit requirements.
20. Suspension or Debarment. When entering into a “covered transaction” as defined by 2 CFR § 180.200, the Sponsor must:
a. Verify the non-Federal entity is eligible to participate in this Federal program by:
1. Checking the System for Award Management (SAM.gov) exclusions to determine if the non-Federal entity is excluded or disqualified; or
2. Collecting a certification statement from the non-Federal entity attesting they are not excluded or disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting the individual or firm are not excluded or disqualified from participating.
b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier transactions with their contractors and sub-contractors. c. Immediately disclose in writing to the FAA whenever (1) the Sponsor learns it has entered into a covered transaction with an ineligible entity or (2) the Public Sponsor suspends or debars a contractor, person, or entity.
7 21. Ban on Texting While Driving.
a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as:
i. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and
ii. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded with this Grant.
22. Trafficking in Persons.
1. Posting of contact information.
a. The Sponsor must post the contact information of the national human trafficking hotline (including options to reach out to the hotline such as through phone, text, or TTY) in all public airport restrooms.
2. Provisions applicable to a recipient that is a private entity. a. Under this Grant, the recipient, its employees, subrecipients under this Grant, and subrecipient’s employees must not engage in:
i. Severe forms of trafficking in persons;
ii. The procurement of a commercial sex act during the period of time that the grant or cooperative agreement is in effect;
iii. The use of forced labor in the performance of this grant; or any subaward; or iv. Acts that directly support or advance trafficking in persons, including the following acts:
a) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee’s identity or immigration documents; b) Failing to provide return transportation of pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless:
1. Exempted from the requirement to provide or pay for such return transportation by the federal department or agency providing or entering into the grant; or
2. The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or witness in a human trafficking enforcement action;
8 c) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment;
d) Charging recruited employees a placement or recruitment fee; or e) Providing or arranging housing that fails to meet the host country’s housing and safety standards.
b. The FAA may unilaterally terminate this Grant or take any remedial actions authorized by 22 U.S.C. § 7104b(c), without penalty, if any private entity under this Grant:
i. Is determined to have violated a prohibition in paragraph (2)(a) of this Grant; or ii. Has an employee that is determined to have violated a prohibition in paragraph(2)a) of this Grant through conduct that is either:
a) Associated with the performance under this Grant; or b) Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” as implemented by the FAA at 2 CFR Part 1200.
3. Provisions applicable to a recipient other than a private entity. a. The FAA may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. § 7104b(c), without penalty, if subrecipient than is a private entity under this award:
i. Is determined to have violated a prohibition in paragraph (2)(a) of this Grant or ii. Has an employee that is determined to have violated a prohibition in paragraph (2)(a) of this Grant through conduct that is either:
a) Associated with the performance under this Grant; or b) Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” as implemented by the FAA at 2 CFR Part 1200.
4. Provisions applicable to any recipient.
a. The recipient must inform the FAA and the DOT Inspector General immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (2)(a) of this Grant.
b. The FAA’s right to unilaterally terminate this Grant as described in paragraphs (2)(b) or (3)(a) of this Grant, implements the requirements of 22 U.S.C. chapter 78, and is in addition to all other remedies for noncompliance that are available to the FAA under this Grant.
c. The recipient must include the requirements of paragraph (2)(a) of this Grant award term in any subaward it makes to a private entity.
d. If applicable, the recipient must also comply with the compliance plan and certification requirements in 2 CFR 175.105(b).
9 5. Definitions. For purposes of this Grant award, term:
a. “Employee” means either:
i. An individual employed by the recipient or a subrecipient who is engaged in the performance of the project or program under this Grant; or ii. Another person engaged in the performance of the project or program under this Grant and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing requirements.
b. “Private Entity” means:
i. Any entity, including for-profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1. ii. The terms “severe forms of trafficking in persons,” “commercial sex act,” “sex trafficking,” “Abuse or threatened abuse of law or legal process,” “coercion,” “debt bondage,” and “involuntary servitude” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. § 7102).
23. IIJA Funded Work Included in a PFC Application. Within 120 days of acceptance of this Grant Agreement, the Sponsor must submit to the FAA an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this Grant Agreement as described in the project application. The airport sponsor may not make any expenditure under this Grant Agreement until project work addressed under this Grant Agreement is removed from an approved PFC application by amendment.
24. Exhibit “A” Property Map. The Exhibit “A” Property Map dated [Enter Date], is incorporated herein by reference or is submitted with the project application and made part of this Grant Agreement.
25. Employee Protection from Reprisal. In accordance with 2 CFR § 200.217 and 41 U.S.C. § 4712, an employee of a grantee, subgrantee contractor, recipient or subrecipient must not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in paragraph (a)(2) of 41 U.S.C. § 4712 information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. The grantee, subgrantee, contractor, recipient, or subrecipient must inform their employees in writing of employee whistleblower rights and protections under 41 U.S.C. § 4712. See statutory requirements for whistleblower protections at 10 U.S.C. § 4701, 41 U.S.C. § 4712, 41 U.S.C. § 4304, and 10 U.S.C. § 4310.
26. Co-Sponsor. The Co-Sponsors understand and agree that they jointly and severally adopt and ratify the representations and assurances contained therein and that the word "Sponsor" as used in the application and other assurances is deemed to include all Co-Sponsors.
27. Prohibited Telecommunications and Video Surveillance Services and Equipment. The Sponsor agrees to comply with mandatory standards and policies relating to use and procurement of 10 certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [P.L. 115-232 § 889(f)] and 2 CFR § 200.216.
28. Critical Infrastructure Security and Resilience. The State or Sponsor, as applicable, acknowledges that it has considered and addressed physical and cybersecurity and resilience in its project planning, design, and oversight, as determined by the DOT and the Department of Homeland Security (DHS). For airports that do not have specific DOT or DHS cybersecurity requirements, the FAA encourages the voluntary adoption of the cybersecurity requirements from the Transportation Security Administration and Federal Security Director identified for security risk Category X airports.
29. Title VI of the Civil Rights Act. As a condition of a grant award, the Sponsor shall demonstrate that it complies with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000 et seq) and implementing regulations (49 CFR part 21), the Airport and Airway Improvement Act of 1982 (49 U.S.C. § 47123), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), U.S. Department of Transportation and Federal Aviation Administration (FAA) Assurances, and other relevant civil rights statutes, regulations, or authorities, including any amendments or updates thereto. This may include, as applicable, providing a current Title VI Program Plan to the FAA for approval, in the format and according to the timeline required by the FAA, and other information about the communities that will be benefited and impacted by the project. A completed FAA Title VI Pre-Grant Award Checklist is required for every grant application, unless excused by the FAA. The Sponsor shall affirmatively ensure that when carrying out any project supported by this grant that it complies with all federal nondiscrimination and civil rights laws based on race, color, national origin, sex, creed, age, disability, genetic information, in consideration for federal financial assistance. The Department’s and FAA’s Office of Civil Rights may provide resources and technical assistance to recipients to ensure full and sustainable compliance with Federal civil rights requirements. Failure to comply with civil rights requirements will be considered a violation of the agreement or contract and be subject to any enforcement action as authorized by law.
30. FAA Reauthorization Act of 2024. This grant agreement is subject to the terms and conditions contained herein including the terms known as the Grant Assurances as they were published in the Federal Register in April 2025. On May 16, 2024, the FAA Reauthorization Act of 2024 made certain amendments to 49 U.S.C. chapter 471. The Reauthorization Act will require the FAA to make certain amendments to the assurances in order to best achieve consistency with the statute. Federal law requires that the FAA publish any amendments to the assurances in the Federal Register along with an opportunity to comment. In order not to delay the offer of this grant, the existing assurances are attached herein; however, the FAA shall interpret and apply these assurances consistent with the Reauthorization Act. To the extent there is a conflict between the assurances and Federal statutes, the statutes shall apply. The full text of the FAA Reauthorization Act of 2024 is at: https://www.congress.gov/bill/118th-congress/housebill/3935/text
31. Applicable Federal Anti-Discrimination Laws. Pursuant to Section (3)b)(iv), Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, the sponsor:
a. Agrees that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the government’s payment decisions for purposes of 31 U.S.C. 3729(b)(4); and 11 b. certifies that it does not operate any programs promoting diversity, equity, and inclusion (DEI) initiatives that violate any applicable Federal anti-discrimination laws.
32. Federal Law and Public Policy Requirements. The Sponsor shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements: including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination; and the Sponsor will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in and the enforcement of Federal immigration law.
33. National Airspace System Requirements.
(a) The Sponsor shall cooperate with FAA activities installing, maintaining, replacing, improving, or operating equipment and facilities in or supporting the National Airspace System, including waiving permitting requirements and other restrictions affecting those activities to the maximum extent possible, and assisting the FAA in securing waivers of permitting or other restrictions from other authorities. The Sponsor shall not take actions that frustrate or prevent the FAA from installing, maintaining, replacing, improving, or operating equipment and facilities in or supporting the National Airspace System. (b) If the FAA determines that the Sponsor has violated subsection (a), the FAA may impose a remedy, including:
1) additional conditions on the award;
2) consistent with 49 U.S.C. chapter 471, any remedy permitted under 2 CFR 200.339– 200.340, including withholding of payments; disallowance of previously reimbursed costs; requiring refunds from the Recipient to the DOT; suspension or termination of the award; or suspension and debarment under 2 CFR part 180; or 3) any other remedy legally available.
(c) In imposing a remedy under this condition, the FAA may elect to consider the interests of only the FAA.
(d) The Sponsor acknowledges that amounts that the FAA requires the Sponsor to refund to the FAA due to a remedy under this condition constitute a debt to the Federal Government that the FAA may collect under 2 CFR 200.346 and the Federal Claims Collection Standards (31 CFR parts 900–904).
34. Signage Costs for Construction Projects. The Sponsor agrees that it will require the prime contractor of a Federally assisted airport improvement project to post signs consistent with a DOT/FAA-prescribed format, as may be requested by the DOT/FAA, and further agrees to remove any signs posted in response to FAA requests received prior to February 1, 2025.
35. Title 8 - U.S.C., Chapter 12, Subchapter II - Immigration. The sponsor will follow applicable federal laws pertaining to Subchapter 12, and be subject to the penalties set forth in 8 U.S.C. § 1324, Bringing in and harboring certain aliens, and 8 U.S.C. § 1327, Aiding or assisting certain aliens to enter.
12 SPECIAL CONDITIONS
36. ARFF and SRE Equipment and Vehicles. The Sponsor agrees that it will:
a. House and maintain the equipment in a state of operational readiness on and for the airport; b. Provide the necessary staffing and training to maintain and operate the vehicle and equipment;
c. Restrict the vehicle to on-airport use only;
d. Restrict the vehicle to the use for which it was intended; and e. Amend the Airport Emergency Plan and/or Snow and Ice Control Plan to reflect the acquisition of the vehicle and equipment.
37. Equipment or Vehicle Replacement (Trade-In). The Sponsor agrees that it will use the proceeds from the trade-in or sale of equipment being replaced by this project to reduce the total project costs.
38. Equipment or Vehicle Replacement (FMV). The Sponsor agrees that it will use the Fair Market Value (FMV) of equipment being replaced by this project to reduce the total project costs.
39. Equipment or Vehicle Replacement (Not FMV). The Sponsor and the FAA agree that the Fair Market Value (FMV) of equipment being replaced by this project is less than $10,000 and that reimbursement to the FAA for the value of the replaced equipment to reduce the total project costs is not required.
40. Off-Airport Storage of ARFF Vehicle. The Sponsor agrees that it will:
a. House and maintain the vehicle in a state of operational readiness for the airport; b. Provide the necessary staffing and training to maintain and operate the vehicle; c. Restrict the vehicle to airport use only;
d. Amend the Airport Emergency Plan to reflect the acquisition of the vehicle; e. Within 60 days, execute an agreement with local government including the above provisions and a provision that violation of agreement could require repayment of grant funding; and f. Submit a copy of the executed agreement to the FAA within 30 days of executing the agreement with the local government.
41. Automated Weather Observing Systems (AWOS). The Sponsor understands that the FAA Air Traffic Organization (ATO), pursuant to 49 U.S.C. § 44502(e), will not take over the ownership, operation, or maintenance of any Sponsor-acquired AWOS equipment unless:
a. It was purchased between October 5, 2018, and December 31, 2021, or after January 1, 2022, by a Sponsor located in a non-contiguous state;
b. The FAA determines the equipment meets FAA’s performance specifications and acceptance criteria; and
c. The FAA agrees to take over the equipment under a transfer plan.
Furthermore, if the Sponsor meets the above criteria, then the Sponsor shall:
13 1. Within 60 calendar days of grant acceptance, enter into a Memorandum of Agreement (MOA) with the FAA to establish a transfer plan;
2. Develop an Operations Maintenance Manual to more specifically describe the operational, maintenance, and documentation requirements for the AWOS if the Sponsor does not have an agreement with the FAA to take over the system within 30 days of commissioning in accordance with 49 U.S.C. § 44502(e);
3. Within 60 calendar days of installation, take the necessary actions to initiate the AWOS commissioning by the FAA; and
4. Provide for the continuous operation, and maintenance of any Non-Federal AWOS funded under this grant for the useful life of the equipment unless the equipment is transferred to the ATO under 49 U.S.C. § 44502(e). The Sponsor shall notify the Airports District Office once the transfer has been completed.
If the ATO does not agree to take over the equipment in the transfer plan within 60 days after the Sponsor accepted the Grant offer, the Sponsor will have a 30-day option to either terminate the Grant Agreement or the Sponsor will be required to operate and maintain the equipment in accordance with paragraphs b and e-g above.
42. Non-Transferrable AWOS. The Sponsor acknowledges the equipment purchased with this Grant is not eligible for transfer at any time under 49 U.S.C. § 44502(e)(1) as it does not meet the required performance specifications and acceptance criteria in accordance with 49 U.S.C. § 44502(e)(2).
43. Solid Waste Recycling Plan. The Sponsor certifies that it has a solid waste recycling plan as part of an existing Airport Master Plan, as described by 49 U.S.C. § 47106(a)(6).
44. Airport Layout Plan (ALP). The Sponsor understands and agrees to update the ALP to reflect the construction to standards satisfactory to the FAA and submit it in final form to the FAA as described by 49 U.S.C. § 47107(a)(16). It is further mutually agreed that the reasonable cost of developing said ALP is an allowable cost within the scope of this project, if applicable. Airport Sponsors Grant Assurance 29 further addresses the Sponsor’s statutory obligations to maintain an ALP in accordance with 49 U.S.C. § 47107(a)(16).
45. Lighting. The Sponsor must operate and maintain the lighting system during the useful life of the system in accordance with applicable FAA standards.
46. Temporary Navigational Aids. The Sponsor agrees that [Enter Type of Equipment] equipment is being acquired for temporary use to minimize disruptions to the airport during construction. The Sponsor further agrees that upon construction, completion of this project, or at the point when this equipment is no longer needed for its intended use (but no later than the construction completion of the project), that the Sponsor will house this equipment in an interior enclosure.
The Sponsor further agrees to make this equipment available, without cost, to be transferred to another airport as directed by the FAA.
47. Notice to Proceed - Property Interest Acquired. The Sponsor understands and agrees that the FAA authorization for the Sponsor to issue a notice to proceed with construction work will not be given until the Sponsor has adequately certified that good title will be acquired on the land on which construction is to be performed.
14 48. Title Evidence. The Sponsor understands and agrees that the FAA will not make nor be obligated to make any payments involving Parcel(s) [Enter parcel number(s) and other land identifying information] until title evidence has been submitted to, and found to be satisfactory by the FAA, subject to no liens, encumbrances, reservations, or exceptions which, in the opinion of the FAA, might create an undue risk or interference with the use and operation of the airport.
49. Disadvantaged Business Enterprise (DBE)/Airport Concessions Disadvantaged Business Enterprise (ACDBE) Program. The Sponsor understands and agrees that it will not submit any payment reimbursement requests until the Sponsor has received from the FAA Office of Civil Rights approval of its DBE Program (reflecting compliance with 49 CFR Part 26, including any amendments thereto), and, if applicable, its ACDBE program (reflecting compliance with 49 CFR Part 23, including any amendments thereto).
50. Environmental. The environmental approval for this project was issued on [Enter Approval Date] This project includes the following mitigation measures:
[Enter Mitigation Measures, if any]
The Sponsor understands and agrees to complete the above-listed mitigation measures to standards satisfactory to the FAA. It is further mutually agreed that the reasonable cost of completing these mitigation measures is an allowable cost within the scope of this project.
51. Equipment Acquisition. The Sponsor understands and agrees that any equipment acquired through this Grant is considered a facility as that term is used in the Grant Assurances. Further, the equipment must be only operated by the Sponsor. The Sponsor agrees that it will maintain the equipment and use it exclusively at the airport for airport purposes.
52. Friction Measuring Devices. The Sponsor agrees that it will properly calibrate, operate, and maintain the friction measuring equipment. The friction measuring equipment and tow vehicle (if applicable) must not be used for any other purpose other than for conducting friction measuring tests on airport pavement surfaces and directly related activities.
53. Security Cameras and/or CCTVs. The Sponsor hereby certifies it has requested Transportation Security Administration (TSA) funding for security cameras and/or Closed Circuit Televisions (CCTVs) outside the scope of the airport’s 49 CFR Part 1542 plan but TSA denied the request in writing on ___[Enter Date]___. The Sponsor further certifies cameras and/or CCTVs acquired and installed under this Grant will be for the sole use of the Sponsor and its personnel for airport purposes. Equipment purchased and installed under this Grant may not be operated by TSA, airlines, or other Federal, state, or municipal agencies except those included in a mutual aid agreement that provides active surveillance and incident response.
54. Instrument Landing System and Associated Equipment in Project. The Sponsor agrees that it will:
a. Prior to commissioning, assure the equipment meets the FAA’s standards; and b. Remove, relocate, lower, mark, or light each obstruction to obtain a clear approach as indicated in the 14 CFR Part 77 aeronautical survey.
55. Wildlife Fence. The Sponsor understands that the fence is being installed to prevent wildlife from entering the airfield. The Sponsor agrees that it will maintain the integrity of the fence for its useful life, but no less than 20 years from the date this Grant was issued. The Sponsor 15 understands that maintenance of the fence includes repair of damage to the fence or gates due to any reason.
56. Update Accepted Exhibit “A” Property Map for Land in Project. The Sponsor understands and agrees to update the Exhibit “A” Property Map to standards satisfactory to the FAA and submit it in final form to the FAA. It is further mutually agreed that the reasonable cost of developing said Exhibit “A” Property Map is an allowable cost within the scope of this project.
57. Future Development Land. The Sponsor agrees to perform the airport development which requires this land acquisition within [Enter Number of Years (20 or less)] years of this Grant Agreement and further agrees not to dispose of the land by sale or lease without prior consent and approval of the FAA. In the event the land is not used within [Enter Number of Years] for the purpose for which it was acquired, the Sponsor will refund the Federal share of acquisition cost or the current fair market value of the land, whichever is greater.
58. Master Plan Coordination. The Sponsor agrees to coordinate this master planning study with metropolitan planning organizations, other local planning agencies, and with the State Airport System Plan prepared by the State’s Department of Transportation and consider any pertinent information, data, projections, and forecasts which are currently available or as will become available. The Sponsor agrees to consider any State Clearinghouse comments and to furnish a copy of the final report to the State’s Department of Transportation.
59. Airport Layout Plan (ALP) Coordination. The Sponsor has made available to (or will make available to) and has provided (or will provide) upon request to the metropolitan planning organization, if any, in the area in which the airport is located, a copy of the proposed ALP or ALP amendment to depict the project and a copy of any airport master plan in which the project is described or depicted.
60. Airport-Owned Visual or Electronic Navigation Aids in Project. The Sponsor agrees that it will:
a. Provide for the continuous operation and maintenance of any navigational aid funded under this Grant Agreement during the useful life of the equipment; unless the equipment is transferred by agreement to the FAA in accordance with 49 U.S.C. § 44502(e); b. Prior to commissioning, assure the equipment meets the FAA’s standards; and c. Remove, relocate, lower, mark, or light each obstruction to obtain a clear approach as indicated in the 14 CFR Part 77 aeronautical survey.
61. Site Selection. The Sponsor understands and agrees that the Project cannot proceed beyond the site selection study until the Sponsor has received formal approval from the FAA to proceed.
62. Airports Geographic Information System (GIS) Survey. If the Airport’s GIS survey is not reflected in the Airports Data Information Portal (ADIP) meeting FAA requirements within four (4) years from the date of grant execution, then the Sponsor may be required to repay that portion of this Grant related to survey work.
63. Utilities Proration. For purposes of computing the United States’ share of the allowable project costs, the allowable cost of the [Enter Utility Name] included in the project must not exceed [Enter Percent (Numerical Value)] percent.
16 64. Utility Relocation in Project. The Sponsor understands and agrees that:
a. The United States will not participate in the cost of any utility relocation unless and until the Sponsor has submitted evidence satisfactory to the FAA that the Sponsor is legally responsible for payment of such costs;
b. FAA participation is limited to those utilities located on-airport or off-airport only where the Sponsor has an easement for the utility, which easement is perpetual or valid for the term of the project, and which includes a right of access; and
c. The utilities exclusively serve the Airport.
65. Obstruction Removal. The Sponsor agrees to clear Parcel(s) [Enter Parcel Numbers], as shown on Exhibit “A” Property Map, of the following obstructions: [Enter All Obstructions] prior to final payment under the project. The Sponsor also agrees that it will not erect, nor permit the erection of any permanent structures that result in an obstruction on the airport except those required for aids to air navigation or those which have been specifically approved by the FAA.
66. Pavement Maintenance Management Program. The Sponsor agrees that it will implement an effective airport pavement maintenance management program as required by Airport Sponsor Grant Assurance 11, Pavement Preventive Maintenance-Management, which is codified at 49 U.S.C. § 47105(e). The Sponsor agrees that it will use the program for the useful life of any pavement constructed, reconstructed, rehabilitated, or repaired with Federal financial assistance at the airport. The Sponsor further agrees that the program will:
a. Follow the current version of FAA Advisory Circular 150/5380-6, “Guidelines and Procedures for Maintenance of Airport Pavements,” for specific guidelines and procedures for maintaining airport pavements, establishing an effective maintenance program, specific types of distress and its probable cause, inspection guidelines, and recommended methods of repair;
b. Detail the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed;
c. Include a Pavement Inventory, Inspection Schedule, Record Keeping, Information Retrieval, and Reference, meeting the following requirements:
1. Pavement Inventory. The following must be depicted in an appropriate form and level of detail:
i. Location of all runways, taxiways, and aprons;
ii. Dimensions;
iii. Type of pavement; and,
iv. Year of construction or most recent major reconstruction, rehabilitation, or repair.
2. Inspection Schedule.
i. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set forth in the current version of Advisory Circular 150/5380-6, the frequency of inspections may be extended to three years. ii. Drive-By Inspection. A drive-by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. For drive-by 17 inspections, the date of inspection and any maintenance performed must be recorded.
3. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years. The type of distress, location, and remedial action, scheduled or performed, must be documented. The minimum information is:
i. Inspection date;
ii. Location;
iii. Distress types; and
iv. Maintenance scheduled or performed.
4. Information Retrieval System. The Sponsor must be able to retrieve the information and records produced by the pavement survey to provide a report to the FAA as may be required.
67. Project Containing Paving Work in Excess of $500,000. The Sponsor agrees to:
a. Furnish a construction management program to the FAA prior to the start of construction which details the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program must include as a minimum:
1. The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract;
2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided;
3. Procedures for determining that the testing laboratories meet the requirements of the ASTM International standards on laboratory evaluation referenced in the contract specifications (i.e., ASTM D 3666, ASTM C 1077);
4. Qualifications of engineering supervision and construction inspection personnel;
5. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test; and
6. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary, are undertaken.
b. Submit at completion of the project, a final test and quality assurance report documenting the summary results of all tests performed and highlighting those tests that indicated failure or that did not meet the applicable test standard. The report must include the pay reductions applied and the reasons for accepting any out-of-tolerance material. Submit interim test and quality assurance reports when requested by the FAA.
c. Failure to provide a complete report as described above, or failure to perform such tests, will, absent any compelling justification, result in a reduction in Federal participation for costs 18 incurred in connection with construction of the applicable pavement. Such reduction will be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the Grant Agreement. d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that Sponsor test results are inaccurate.
68. Preliminary Engineering. This Phase 1 Grant is being issued in order to [Enter Justification for Preliminary Engineering].
The Sponsor understands and agrees that within two (2) years from the execution of this Grant Agreement that the Sponsor will accept a grant to complete the final design phase for the Project identified in the Airport Capital Improvement Plan, subject to the availability of Federal funding.
The Sponsor further understands that if the FAA has provided Federal funding to complete the final design for the Project, and the Sponsor has not completed the final design within four (4) years from the execution of this Grant Agreement, the FAA may suspend or terminate grants related to the design.
69. State Highway Specifications. The Sponsor agrees that because State highway specifications will be used for airfield pavement construction instead of FAA standard specifications, it will not seek AIP, Airport Infrastructure Grant (AIG), or supplemental appropriation grant funds for the rehabilitation or reconstruction of airfield pavement included in this Grant Agreement for a period of 10 years after construction is completed unless the FAA determines that the rehabilitation or reconstruction is required for safety reasons per 49 U.S.C §§ 47105(c) or 47114(d)(4).
70. Maintenance Project Life. The Sponsor agrees that pavement maintenance is limited to those aircraft pavements that are in sufficiently sound condition that they do not warrant more extensive work, such as reconstruction or overlays in the immediate or near future. The Sponsor further agrees that Airport Improvement Program (AIP), Airport Infrastructure Grant (AIG), or supplemental appropriation funding for the pavements maintained under this project will not be requested for more substantial type rehabilitation (more substantial than periodic maintenance) for a 5-year period following the completion of this project unless the FAA determines that the rehabilitation or reconstruction is required for safety reasons.
71. Protection of Runway Protection Zone - Airport Property. The Sponsor agrees to prevent the erection or creation of any structure, place of public assembly, or other use in the Runway Protection Zone, as depicted on the Exhibit “A”: Property Map, except for Navigational Aids (NAVAIDS) that are fixed by their functional purposes or any other structure permitted by the FAA. The Sponsor further agrees that any existing structures or uses within the Runway Protection Zone will be cleared or discontinued by the Sponsor unless approved by the FAA.
72. Protection of Runway Protection Zone - Easement. The Sponsor, under the easement, agrees to take any and all steps necessary to ensure that the owner of the land within the designated Runway Protection Zone will not build any structure in the Runway Protection Zone that is an airport hazard or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, smoke generating activities, or places of public assembly, such as churches, schools, office buildings, shopping centers, and stadiums. 19 73. Acquisition of and Future Interest in the Runway Protection Zone. The Sponsor agrees that it will acquire [Enter the Fee Title or Easement] in the Runway Protection Zones for runways that presently are not under its control within [Enter Number of Years] years of this Grant Agreement.
The Sponsor further agrees to prevent the erection or creation of any structure or place of public assembly in the Runway Protection Zone, except for NAVAIDS that are fixed by their functional purposes or any other structure approved by the FAA. The Sponsor further agrees that any existing structures or uses within the Runway Protection Zone will be cleared or discontinued by the Sponsor unless approved by the FAA.
74. Low Emission Systems. The Sponsor agrees that vehicles and equipment included in this Grant:
a. Will be maintained and used at the airport for which they were purchased; b. Will not be transferred, relocated, or used at another airport without the advance consent of the FAA; and
c. Will be replaced, at the Sponsor’s own cost, if disabled or seriously damaged during its useful life, with an equivalent vehicle or unit that produces an equal or lower level of emissions for the remaining portion of the useful life of the damaged vehicle or equipment, or life of Airport Emissions Reduction Credits (AERC) (if earned), whichever is longer.
d. The Sponsor further agrees that it will maintain annual records on individual vehicles and equipment, project expenditures, cost effectiveness, and emission reductions.
75. Recharging Systems Under Voluntary Airport Low Emissions (VALE) - Use and Operation Requirements. The Sponsor understands that it is obligated to earn emissions credits from the state air quality agency on a yearly basis for the use of this recharging system and the use of electric ground support equipment at the airport. The Sponsor understands and agrees that the Sponsor may be obligated to repay to the FAA some or all of the Federal share of the recharging project if the Sponsor does not earn the emissions credits that the Sponsor estimated in the project application.
76. Building IIJA Proration. For purposes of computing the United States’ share of the allowable project costs of the project, the allowable cost of the [Enter Name of Work Item] included in the project must not exceed [Enter Percent (Numerical Value)] percent of the actual cost of the entire building.
77. Acquisition of Noise Land. The Sponsor agrees that as part of the land acquisition in this project, it will prepare or update a Noise Land Inventory Map and Reuse Plan to standards satisfactory to the FAA and submit said documentation in final form to the FAA in accordance with Airport Sponsors Grant Assurance 31, as codified at 49 U.S.C. § 47107(c)(2). It is further mutually agreed that the reasonable cost of developing or updating a Noise Land Inventory Map and Disposal Plan is an allowable cost within the scope of this project.
78. Annual Noise Report. As a condition of this Airport Infrastructure Grant, the Sponsor agrees to provide to the FAA an annual report of funds expended and actions associated with this Grant within 90 days following the end of each Federal fiscal year the Grant remains open. The report must provide the following information:
a. Total noise grant funds expended during the fiscal year; b. Amount of funds expended by Program Element(s) as identified in the Sponsor’s Noise Compatibility Program (NCP);
20 c. Number of parcels mitigated by noise contour and Program Element as identified in the Sponsor’s NCP;
d. Total number of people impacted by the Sponsor’s NCP by Day/Night Average Sound Level (DNL) contour and total number of people mitigated during the fiscal year by DNL contour and Program Element as identified in the Sponsor’s NCP; e. A graphic (map) depicting DNL contours and the location of mitigation action as defined by the Program Element(s) of the Sponsor’s NCP, including a list by address for mitigation actions shown on the map;
f. A written plan outlining actions being planned for the next year based on the Sponsor’s priorities and the NCP; and
g. Other information as required by the FAA.
79. Plans and Specifications Prior to Bidding. The Sponsor agrees that it will submit plans and specifications for FAA review prior to advertising for bids.
80. Plans and Specifications Approval Based Upon Certification. The FAA and the Sponsor agree that the FAA’s approval of the Sponsor’s Plans and Specification is based primarily upon the Sponsor’s certification to carry out the project in accordance with policies, standards, and specifications approved by the FAA. The Sponsor understands that:
a. The Sponsor’s certification does not relieve the Sponsor of the requirement to obtain prior FAA approval for modifications to published FAA airport development grant standards or to notify the FAA of any limitations to competition within the project; b. The FAA’s acceptance of a Sponsor’s certification does not limit the FAA from reviewing appropriate project documentation for the purpose of validating the certification statements; and
c. If the FAA determines that the Sponsor has not complied with their certification statements, the FAA will review the associated project costs to determine whether such costs are allowable under this Grant and associated grants.
81. Grants Issued on Estimates. The Sponsor understands and agrees that this Grant Offer is made and accepted based on estimates for [Enter Project Name]; and the parties agree that within [Enter Number of Days] days from the date of acceptance of this Grant Offer, the Sponsor will receive bids for [Enter Project Being Bid] contained within the project description, which is more fully described in the Project Application. If, after the Sponsor has received bids, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000.00 or five percent (5%), whichever is greater based on the actual bid prices received, the FAA can issue a letter to the Sponsor unilaterally reducing the maximum obligation. The Sponsor understands that amendment calculations will then be limited by this reduced maximum obligation.
82. Consultant Contract and Cost Analysis. The Sponsor understands and agrees that no reimbursement will be made on the consultant contract portion of this Grant until the FAA has received the consultant contract, the Sponsor’s analysis of costs, and the independent fee estimate.
83. Design Grant. This Grant Agreement is being issued in order to complete the design of the project. The Sponsor understands and agrees that within two (2) years after the design is 21 completed that the Sponsor will accept, subject to the availability of the amount of Federal funding identified in the Airport Capital Improvement Plan (ACIP), a grant to complete the construction of the project in order to provide a useful and usable unit of work. The Sponsor also understands that if the FAA has provided Federal funding to complete the design for the project, and the Sponsor has not completed the design within four (4) years from the execution of this Grant Agreement, the FAA may suspend or terminate grants related to the design.
84. Force Account. The Sponsor agrees that proposals to accomplish construction or engineering with the Sponsor’s own personnel must receive approval from the FAA prior to the Sponsor incurring costs and that no reimbursement payments will be made on that portion of this Grant until the Sponsor has received FAA approval for the force account information.
85. Program Income and Revenue from Real Property. The Sponsor understands that all program income produced from real property purchased in part with Federal funds in this Grant received while the Grant is open will be deducted from the total cost of that project for determining the net costs on which the maximum United States’ obligation will be based. The Sponsor further agrees that once the Grant is closed, all net revenues produced from real property purchased in part with Federal funds in this Grant must be used on the airport for airport planning, development, or operating expenses in accordance with 49 U.S.C. §§ 47107(b) and 47133. This income may not be used for the Sponsor’s matching share of any grant. The Sponsor’s fiscal and accounting records must clearly identify actual sources and uses of these funds.
86. Uniform Relocation Act. The Sponsor understands and agrees that all acquisition of real property under this project will be in accordance with 49 CFR Part 24, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs, as further required in accordance with Airport Sponsors Grant Assurance 35 and Non-Airport Sponsors Undertaking Noise Compatibility Program Projects Grant Assurance 21, as applicable.
87. Ineligibility of Previously Mitigated Structures. The Sponsor understands and agrees that AIG funds may only be applied to mitigate noise impacts with sound insulation treatment for eligible structures under 14 CFR Part 150 one single time, and that no structures in this Grant have been previously mitigated through the installation of sound insulation treatment using Airport Improvement Program (AIP), AIG, or other Federal airport development funds.
88. Appropriations Report Exception for Previously Insulated Structures. The Sponsor understands and agrees that AIG funds may only be applied to eligible residential buildings under 14 CFR Part 150 that also were previously mitigated with sound insulation treatment prior to 1993, provided the Sponsor submits to the FAA evidence the residential building continues to fall within an existing day-night average sound level (DNL) 65 decibel (dB) contour and have an interior noise level of DNL 45 dB or higher. Residential buildings eligible under this special condition are limited to the purchase and installation of sound insulation treatments for windows and doors that conform to currently published FAA standards that would achieve a measurable reduction in interior noise levels.
89. Noise Projects on Privately Owned Property. The Sponsor understands and agrees that no payment will be made under the terms of this Grant Agreement for work accomplished on privately owned land until the Sponsor submits the Agreement with the owner of the property required by the Airport Sponsors and Non-Airport Sponsors Undertaking Noise Compatibility Program Projects Grant Assurance 5, Preserving Rights and Powers, and Planning Agency Sponsors Grant Assurance 4, Preserving Rights and Powers, and the FAA has determined that the 22 Agreement is satisfactory. At a minimum, the Agreement with the private owner must contain all the following provisions:
a. The property owner must inspect and approve or disapprove the work on the project during and after completion of the measures as the FAA or Sponsor reasonably requests; b. The property owner is responsible for maintenance and operation of the items installed, purchased, or constructed under this Agreement. Neither the FAA nor the Sponsor bears any responsibility for the maintenance, operation, or replacement of these items; c. If the Sponsor transfers Federal funds for the noise compatibility measures to a private property owner or agent, the property owner must agree to keep records and make those records available to the FAA and the Sponsor about the amount of funds received and the disposition of the funds; and
d. The property owner’s right to sue for adverse noise impacts will be abrogated if the property owner deliberately or willfully reduces the effectiveness of the noise compatibility measures during the useful life of such measures.
90. Non-Federally Funded Work in Application. The Sponsor understands and agrees that:
a. The Project Application includes the planning and/or construction of [Enter Description of Non-Grant Work] that is not being funded with any Federal funding in this project; b. Although the Sponsor has estimated a total project cost of $[Enter Total Project Amount - All eligible and non-eligible work], the total allowable cost for purposes of determining Federal participation equals $[Enter Allowable Project Costs - all eligible costs, all phases, federal and non-federal share];
c. It must maintain separate accounting of cost records for Federally and non-Federally funded work;
d. All pertinent records supporting project costs must be made available for inspection and audit by the FAA when requested; and
e. All non-Federally funded work is the sole responsibility of the Sponsor.
91. Preliminary Scope of Work. This Grant is made and accepted upon the basis of a preliminary scope of work. The parties agree that within 30 days from the date of acceptance of this Grant, the Sponsor will furnish a final scope of work to the FAA and that no work will commence, nor will there be any contract signed for accomplishment of such work, until the final scope of work has been approved by the FAA. The Sponsor and the FAA further agree that any reference to the scope of work made in this Grant or in the Project Application is in respect to the final scope of work.
92. Fueling System - Use and Operation Requirements. This project includes the installation of a new aviation fueling system. All revenue generated by this fueling system must be used for the operation and maintenance of the Airport in accordance with the Grant Assurances, specifically Grant Assurances 24 and 25, codified at 49 U.S.C. § 47107(a)(13) and §§ 47107(b) and 47133, respectively, and FAA’s Policy and Procedures Concerning the Use of Airport Revenue (64 FR 7696, as amended). The fueling system established under this Grant, will be operated solely by the Sponsor and/or the Sponsor’s employees, will not be included in any third-party exclusive use lease, and will not be used in any way that would result in the granting of an exclusive right. The Sponsor is further obligated to operate and maintain the fueling system for the 20-year grant 23 expected life, including meeting all local, state, and Federal regulations related to the fueling system.
93. Privately Owned Airports. The Sponsor understands and agrees that the portion of the airport dedicated for airport use as shown on the approved Exhibit “A” Airport Property Map dated [Enter MM/DD/YYYY of Exhibit “A”] must not be sold, exchanged, the title encumbered, or its use changed to a non-airport use without the written consent of the FAA.
The Sponsor further understands and agrees that the portion of the Airport NOT dedicated to airport use, but financially contributing to the overall viability of the Airport (as shown on Exhibit “A” Airport Property Map) must continue to support the operation of the Airport for a period of [Enter Number of Years (Minimum 10 Years)] years from the date of this Grant.
94. Land Acquisition. The Sponsor agrees that no payments will be made on the Grant until the Sponsor has presented evidence to the FAA that it has recorded the Grant Agreement, including the Grant Assurances in the public land records of the county courthouse. The Sponsor understands and agrees that recording the Grant Agreement legally enforces these requirements, encumbrances and restrictions on the obligated land.
95. Compatible Land Use Planning and Projects. The Sponsor agrees and understands that:
a. It will achieve, to the maximum extent possible, compatible land uses consistent with Federal land use compatibility criteria in 14 CFR Part 150, and those compatible land uses will be maintained;
b. It will provide, in the case of a planning grant, a land use plan that:
1. Is reasonably consistent with the goal of reducing existing non-compatible land uses and preventing the introduction of additional non-compatible land uses;
2. Addresses ways to achieve and maintain compatible land uses, including zoning, building codes, and any other land use compatibility measures identified under 49 U.S.C. § 47504(a)(2), that are within the authority of the Sponsor to implement;
3. Uses noise contours provided by the airport operator that are consistent with airport operation and planning, including any noise abatement measures adopted by the Airport Operator as a part of its own noise mitigation efforts;
4. Does not duplicate, and is not inconsistent with, the airport operator’s noise compatibility measures for the same area; and
5. Has been approved jointly by the airport owner or operator and the Sponsor. c. It will make provision to implement, or it has implemented, those elements of the plan ineligible for Federal financial assistance.
96. Acquiring ARFF Vehicle in Excess of Minimum Standards. This Grant is based in part on mitigating site-specific risks and protecting passengers based on current or reasonably forecast aeronautical activity levels. The certificate holder (Sponsor) will have and maintain a sufficient number of adequately trained personnel and sufficient financial resources to operate and maintain the associated equipment for its intended, on-airport purpose. This Grant does not set a precedent for future FAA support of similar equipment, particularly if aeronautical activity levels change.
97. Payment Restriction - Legal Issue. The Sponsor understands that, at the time of this Grant, the FAA is aware of a potential legal issue related to the Sponsor’s procurement action for the 24 project funded with this Grant. By accepting this Grant, the Sponsor agrees the FAA will not make, nor be obligated to make, any payments under this Grant until the Sponsor provides documentation satisfactory to the FAA that any pending legal matters related to the Sponsor’s procurement action for the project under this Grant have been concluded. The Sponsor further understands, acknowledges, accepts, and agrees that:
a. It assumes all legal and financial risks if it elects to proceed with the project implementation prior to resolution of the procurement related legal matters; b. The FAA may determine that legal costs are unallowable for reimbursement under this Grant if the costs are related to legal proceedings associated with the procurement action; and c. The Sponsor will be required to return any funds for costs the FAA subsequently determines unallowable.
98. Land Reimbursement Credit. The Sponsor understands and agrees that the following property parcels are being claimed as credit for matching share under this Grant:
[Insert Parcel #, No. of acres]
These parcels become obligated airport property that must be depicted on a current Exhibit “A” Property Map. As part of this project, the Sponsor agrees to update the Exhibit “A” Property Map in a manner conforming to standards satisfactory to the FAA and which properly reflects the property parcels the Sponsor is claiming as matching share.
The Sponsor agrees that no payments will be made on the Grant until the Sponsor:
a. Presents evidence to the FAA that it has recorded the Grant Agreement and associated Grant Assurances in the public land records of the county courthouse; and b. Submits, to FAA’s satisfaction, an update to the Exhibit “A” Property Map which reflects the property tracts that are being used as credit toward the Sponsor’s share for this Grant and any previous grants.
If within 18 months of grant execution, the Sponsor has yet to update the Exhibit “A” Property Map to the standards satisfactory to the FAA, the FAA may rescind this Grant Agreement and recover the funds awarded under this Grant.
↓ From Database: Shown when the airport is a small, medium, or large hub ↓
99. Mothers’ Rooms. As a small, medium, or large hub airport, the Sponsor certifies it is in compliance with 49 U.S.C. § 47107(w).
↑ Airport is a small, medium, or large hub ↑
100. Buy American Executive Orders. The Sponsor agrees to abide by applicable Executive Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the Future Is Made in All of America by All of America’s Workers. 101. Usable Unit of Development. The FAA and the Sponsor agree this Grant only funds a portion of the overall project. The FAA makes no commitment of funding beyond what is provided herein.
In accepting this award, the airport Sponsor understands and agrees that the work described in this Grant Agreement must be incorporated into a safe, useful, and usable unit of development completed within a reasonable timeframe [49 USC § 47106(a)(4)]. This safe, useful, usable unit of 25 development must be completed regardless of whether the Sponsor receives any additional federal funding.
26 The Sponsor’s acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the Grant Assurances, terms, and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor’s acceptance of this Offer.
Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.1
ACKNOWLEDGEMENT
STATE OF ________________________________
COUNTY OF ______________________________
On _____________________, before me, a Notary Public, personally appeared _____________________________, who proved to me through satisfactory evidence to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that _________________ executed the foregoing instrument in their authorized capacity by their signature on the instrument.
___________________________
Signature of Notary
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
{{Sig_es_:signer1:signature:dimension(height=12mm, width=70mm}} (Signature)
{{N_es_:signer1:fullname }}
(Typed Name)
{{*Ttl_es_:signer1:title }}
(Title of FAA Official)
1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 27 Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the Grant Assurances, terms, and conditions in this Offer and in the Project Application.
Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.2 Dated {{DateTime_es_:signer2:calc(now()):format(date," mmmm d, yyyy")}}
ACKNOWLEDGEMENT
STATE OF ________________________________
COUNTY OF ______________________________
On _____________________, before me, a Notary Public, personally appeared _____________________________, who proved to me through satisfactory evidence to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that _________________ executed the foregoing instrument in their authorized capacity by their signature on the instrument.
___________________________
Signature of Notary
[Selection Criteria: Sponsor Name]
(Name of Sponsor)
{{Sig_es_:signer2:signature:dimension(height=12mm, width=70mm}} (Signature of Sponsor’s Authorized Official)
By: {{N_es_:signer2:fullname }}
(Typed Name of Sponsor’s Authorized Official)
Title:{{*Ttl_es_:signer2:title }}
(Title of Sponsor’s Authorized Official)
2 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 28 CERTIFICATE OF SPONSOR’S ATTORNEY
I, {{N_es_:signer3: fullname}}, acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of __[Database: State Name]__. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor’s official representative, who has been duly authorized to execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the said State; the Infrastructure Investment and Jobs Act (IIJA) (P.L. 117-58, Division J, Title VIII) of 2021; FAA Reauthorization Act of 2024 (P.L. 118-63); and the representations contained in the Project Application. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.
Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.3 Dated at {{DateTime_es_:signer3:calc(now()):format(date," mmmm d, yyyy")}}
ACKNOWLEDGEMENT
STATE OF ________________________________
COUNTY OF ______________________________
On _____________________, before me, a Notary Public, personally appeared _____________________________, who proved to me through satisfactory evidence to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that _________________ executed the foregoing instrument in their authorized capacity by their signature on the instrument.
___________________________
Signature of Notary
By: {{Sig_es_:signer3:signature:dimension(height=12mm, width=70mm}} (Signature of Sponsor’s Attorney)
3 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 29 The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the Grant Assurances, terms, and conditions in this Offer and in the Project Application.
Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.4 Dated {{DateTime_es_:signer4:calc(now()):format(date," mmmm d, yyyy")}}
ACKNOWLEDGEMENT
STATE OF ________________________________
COUNTY OF ______________________________
On _____________________, before me, a Notary Public, personally appeared _____________________________, who proved to me through satisfactory evidence to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that _________________ executed the foregoing instrument in their authorized capacity by their signature on the instrument.
___________________________
Signature of Notary
[Please Enter Co-Sponsor Name]
(Name of Sponsor)
{{Sig_es_:signer4:signature:dimension(height=12mm, width=70mm}} (Signature of Sponsor’s Authorized Official)
By: {{N_es_:signer4:fullname }}
(Typed Name of Sponsor’s Authorized Official)
Title:{{*Ttl_es_:signer4:title }}
(Title of Sponsor’s Authorized Official)
4 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 30 CERTIFICATE OF SPONSOR’S ATTORNEY
I, {{N_es_:signer5: fullname}}, acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of __[Database: State Name]__. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor’s official representative, who has been duly authorized to execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the said State; the Infrastructure Investment and Jobs Act (IIJA) (P.L. 117-58, Division J, Title VIII ) of 2021; FAA Reauthorization Act of 2024 (P.L. 118-63); and the representations contained in the Project Application. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.
Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.
I declare under penalty of perjury that
the foregoing is true and correct.
5 Dated at
{{DateTime_es_:signer5:calc(now()):format(date," mmmm
d, yyyy")}}
ACKNOWLEDGEMENT
STATE OF ________________________________
COUNTY OF ______________________________
On _____________________, before me, a Notary Public, personally appeared _____________________________, who proved to me through satisfactory evidence to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that _________________ executed the foregoing instrument in their authorized capacity by their signature on the instrument.
___________________________
Signature of Notary
By: {{Sig_es_:signer5:signature:dimension(height=12mm, width=70mm}} (Signature of Sponsor’s Attorney)
5 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both.
Airport Sponsor Assurances Page 1 of 19
ASSURANCES
AIRPORT SPONSORS
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this Grant Agreement.
B. Duration and Applicability.
1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor.
The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.
The preceding paragraph (1) also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25, 30, 32, 33, 34, 37, and 40 in Section C apply to planning projects. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport.
Airport Sponsor Assurances Page 2 of 19
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements
The Sponsor will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Grant. Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable, to the type of organization of the Sponsor and any applicable sub-recipients. The applicable provisions to this agreement include, but are not limited to, the following:
FEDERAL LEGISLATION
a. 49 U.S.C. subtitle VII, as amended.
b. Davis-Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.1 c. Federal Fair Labor Standards Act – 29 U.S.C. § 201, et seq. d. Hatch Act – 5 U.S.C. § 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601, et seq.1, 2
f. National Historic Preservation Act of 1966 – Section 106 – 54 U.S.C. § 306108.1 g. Archeological and Historic Preservation Act of 1974 – 54 U.S.C. § 312501, et seq.1 h. Native Americans Grave Repatriation Act – 25 U.S.C. § 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended – 42 U.S.C. § 7401, et seq. j. Coastal Zone Management Act, P.L. 92-583, as amended – 16 U.S.C. § 1451, et seq. k. Flood Disaster Protection Act of 1973 – Section 102(a) - 42 U.S.C. § 4012a.1 l. 49 U.S.C. § 303, (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973 – 29 U.S.C. § 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin). o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits discrimination on the basis of disability).
p. Age Discrimination Act of 1975 – 42 U.S.C. § 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968, as amended – 42 U.S.C. § 4151, et seq.1 s. Powerplant and Industrial Fuel Use Act of 1978 – Section 403 – 42 U.S.C. § 8373.1 t. Contract Work Hours and Safety Standards Act – 40 U.S.C. § 3701, et seq.1 u. Copeland Anti-kickback Act – 18 U.S.C. § 874.1
v. National Environmental Policy Act of 1969 – 42 U.S.C. § 4321, et seq.1 Airport Sponsor Assurances Page 3 of 19
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. § 1271, et seq. x. Single Audit Act of 1984 – 31 U.S.C. § 7501, et seq.2 y. Drug-Free Workplace Act of 1988 – 41 U.S.C. §§ 8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended by section 6202 of P.L. 110-252).
aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Infrastructure Investment and Jobs Act, P.L. 117-58, Title VIII. cc. Build America, Buy America Act, P.L. 117-58, Title IX. dd. Endangered Species Act – 16 U.S.C. 1531, et seq.
ee. Title IX of the Education Amendments of 1972, as amended – 20 U.S.C. 1681–1683 and 1685– 1687.
ff. Drug Abuse Office and Treatment Act of 1972, as amended – 21 U.S.C. 1101, et seq. gg. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended – 42 U.S.C. 4541, et seq.
hh. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended – 42 U.S.C. 4541, et seq.
ii. Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions – 31 U.S.C. 1352.
EXECUTIVE ORDERS
a. Executive Order 11990 – Protection of Wetlands
b. Executive Order 11988 – Floodplain Management
c. Executive Order 12372 – Intergovernmental Review of Federal Programs d. Executive Order 12699 – Seismic Safety of Federal and Federally Assisted New Building Construction1
e. Executive Order 14005 – Ensuring the Future is Made in all of America by All of America’s Workers
f. Executive Order 14149 – Restoring Freedom of Speech and Ending Federal Censorship g. Executive Order 14151 – Ending Radical and Wasteful Government DEI Programs and Preferencing
h. Executive Order 14154 – Unleashing American Energy
i. Executive Order 14168 – Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government
j. Executive Order 14173 – Ending Illegal Discrimination and Restoring Merit-Based Opportunity Airport Sponsor Assurances Page 4 of 19
FEDERAL REGULATIONS
a. 2 CFR Part 180 – OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement).
b. 2 CFR Part 200 and 1201 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 3, 4, 5
c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment. d. 14 CFR Part 13 – Investigative and Enforcement Procedures. e. 14 CFR Part 16 – Rules of Practice for Federally-Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150 – Airport Noise Compatibility Planning. g. 28 CFR Part 35 – Nondiscrimination on the Basis of Disability in State and Local Government Services.
h. 28 CFR § 50.3 – U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964.
i. 29 CFR Part 1 – Procedures for Predetermination of Wage Rates.1 j. 29 CFR Part 3 – Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States.1 k. 29 CFR Part 5 – Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act).1 l. 41 CFR Part 60 – Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally-assisted contracting requirements).1 m. 49 CFR Part 20 – New Restrictions on Lobbying.
n. 49 CFR Part 21 – Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23 – Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs.1, 2
q. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.
r. 49 CFR Part 27 – Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance.1
s. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. t. 49 CFR Part 30 – Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. u. 49 CFR Part 32 – Governmentwide Requirements for Drug-Free Workplace (Financial Assistance).
Airport Sponsor Assurances Page 5 of 19
v. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 38 – Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles.
x. 49 CFR Part 41 – Seismic Safety.
FOOTNOTES TO ASSURANCE (C)(1) 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code. 4 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 5 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this Grant Agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this Grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor:
It has legal authority to apply for this Grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required.
3. Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control.
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4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
b. Subject to 49 U.S.C. § 47107(a)(16) and (x), it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this Grant Agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and Airport Sponsor Assurances Page 7 of 19
assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
6. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport.
7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the project may be located.
8. Consultation with Users.
In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
9. Public Hearings.
In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary.
Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project.
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted.
11. Pavement Preventive Maintenance-Management.
With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program, and it assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful.
Airport Sponsor Assurances Page 8 of 19
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under 49 U.S.C. § 44706, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made.
14. Minimum Wage Rates.
It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public Building, Property, and Works), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.
15. Veteran's Preference.
It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. § 47112.
However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.
16. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications, and schedules approved by the Secretary.
Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement.
Airport Sponsor Assurances Page 9 of 19
Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary and incorporated into this Grant Agreement.
17. Construction Inspection and Approval.
It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.
18. Planning Projects.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal Airport Sponsor Assurances Page 10 of 19
to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for:
1. Operating the airport's aeronautical facilities whenever required;
2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and
3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to:
1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and
2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.
Airport Sponsor Assurances Page 11 of 19
c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not Airport Sponsor Assurances Page 12 of 19
conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport.
The following exceptions apply to this paragraph:
1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor’s acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996.
3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C. 47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or Airport Sponsor Assurances Page 13 of 19
transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 49 U.S.C. § 47107.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail:
1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and
2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property.
27. Use by Government Aircraft.
It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that:
a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.
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28. Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. The airport owner or operator will maintain a current airport layout plan of the airport showing:
1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto;
2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities;
3. the location of all existing and proposed non-aviation areas and of all existing improvements thereon; and
4. all proposed and existing access points used to taxi aircraft across the airport’s property boundary.
b. Subject to subsection 49 U.S.C. § 47107(x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect.
c. The owner or operator will not make or allow any alteration in the airport or any of its facilities unless the alteration—
1. is outside the scope of the Secretary’s review and approval authority as set forth in subsection (x); or
2. complies with the portions of the plan approved by the Secretary. d. When the airport owner or operator makes a change or alteration in the airport or the facilities which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary:
1. eliminate such adverse effect in a manner approved by the Secretary; or
2. bear all costs of relocating such property or its replacement to a site acceptable to the Secretary and of restoring the property or its replacement to the level of safety, utility, efficiency, and cost of operation that existed before the alteration was made, except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary’s design standards beyond the control of the airport sponsor.
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30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d to 2000d-4); creed and sex per 49 U.S.C. § 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant.
a. Using the definitions of activity, facility, and program as found and defined in 49 CFR §§ 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances.
b. Applicability
1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s programs and activities.
2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith.
3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods:
1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or
2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source:
“The ([Selection Criteria: Sponsor Name]), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of Airport Sponsor Assurances Page 16 of 19
race, color, national origin (including limited English proficiency), creed, sex , age, or disability in consideration for an award.”
e. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and regulations.
2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations.
3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex, age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117(e);
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3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989.
d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services.
If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub-contract for program management, construction Airport Sponsor Assurances Page 18 of 19
management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions.
It will not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications.
It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars (https://www.faa.gov/sites/faa.gov/files/aip-pfc-checklist_0.pdf) for AIP projects as of [Selection Criteria: Project Application Date].
35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses.
The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for Airport Sponsor Assurances Page 19 of 19
enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3809, 3812).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner’s expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. 47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that:
1. Describes the requests;
2. Provides an explanation as to why the requests could not be accommodated; and
3. Provides a time frame within which, if any, the airport will be able to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six-month period prior to the applicable due date.
40. Access to Leaded Aviation Gasoline
a. If 100-octane low lead aviation gasoline (100LL) was made available at an airport, at any time during calendar year 2022, an airport owner or operator may not restrict or prohibit the sale of, or self-fueling with 100-octane low lead aviation gasoline. b. This requirement remains until the earlier of December 31, 2030, or the date on which the airport or any retail fuel seller at the airport makes available an unleaded aviation gasoline that has been authorized for use by the FAA as a replacement for 100-octane low lead aviation gasoline for use in nearly all piston-engine aircraft and engine models; and meets either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline, as determined appropriate by the FAA. c. An airport owner or operator understands and agrees, that any violation of this grant assurance is subject to civil penalties as provided for in 49 U.S.C. § 46301(a)(8).
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ASSURANCES
PLANNING AGENCY SPONSORS
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this Grant Agreement.
B. Duration and Applicability.
1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor.
The terms, conditions and assurances of this Grant Agreement shall remain in full force and effect during the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds.
Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.
2. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25, 30, 32, 33, 34, 37, and 40 in Section C apply to planning projects. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport.
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements
The Sponsor will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this Grant. Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable, to the type of organization of the Sponsor and any applicable sub-recipients. The applicable provisions to this agreement include, but are not limited to, the following:
FEDERAL LEGISLATION
a. 49 U.S.C. subtitle VII, as amended.
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b. 49 U.S.C. 40103(e) – No Exclusive Rights at Certain Facilities. c. Federal Fair Labor Standards Act – 29 U.S.C. 201, et seq. d. Hatch Act – 5 U.S.C. 1501, et seq.1
e. Rehabilitation Act of 1973 – 29 U.S.C. 794.
f. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin). g. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. 12101 et seq.) (prohibits discrimination on the basis of disability).
h. Age Discrimination Act of 1975 – 42 U.S.C. 6101, et seq. i. Single Audit Act of 1984 – 31 U.S.C. 7501, et seq.1
j. Drug-Free Workplace Act of 1988 – 41 U.S.C. 8101 through 8105. k. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Public Law 110-252).
l. Infrastructure Investment and Jobs Act, P.L. 117-58, Title VIII. m. Build America, Buy America Act, P.L. 117-58, Title IX.
EXECUTIVE ORDERS
a. Executive Order 12372 - Intergovernmental Review of Federal Programs b. Executive Order 13166 – Improving Access to Services for Persons with Limited English Proficiency
c. Executive Order 14005 – Ensuring the Future is Made in all of America by All of America’s Workers
d. Executive Order 14151 – Ending Radical and Wasteful Government DEI Programs and Preferencing
e. Executive Order 14154 – Unleashing American Energy
f. Executive Order 14173 – Ending Illegal Discrimination and Restoring Merit-Based Opportunity
FEDERAL REGULATIONS
a. 2 CFR Part 180 – OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement).
b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 2, 3, 4
c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment. d. 14 CFR Part 13 – Investigative and Enforcement Procedures. e. 14 CFR Part 16 – Rules of Practice for Federally-Assisted Airport Enforcement Proceedings. f. 28 CFR Part 35 – Nondiscrimination on the Basis of Disability in State and Local Government Services.
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g. 28 CFR 50.3 – U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964.
h. 49 CFR Part 20 – New Restrictions on Lobbying.
i. 49 CFR Part 21 – Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964. j. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.
k. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. l. 49 CFR Part 30 – Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. m. 49 CFR Part 32 – Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) FOOTNOTES TO ASSURANCE (C)(1) 1 These laws do not apply to private sponsors. 2 2 CFR Part 200 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code.
3 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 4 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this Grant Agreement.
1. Responsibility and Authority of the Sponsor.
It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required.
2. Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to be paid by the United States.
3. Preserving Rights and Powers
It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
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4. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport.
5. Accounting System, Audit, and Record Keeping Requirements a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made.
6. Planning Projects
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the project application or with modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not mean constitute or Planning Agency Sponsors Assurances Page 5 of 7
imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant.
7. Reports and Inspections.
d. It will submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary;
e. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail:
1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and
2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property.
8. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d to 2000d-4; creed and sex per 49 U.S.C. 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this grant.
a. Using the definitions of activity, facility, and program as found and defined in 49 CFR 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances.
b. Applicability
1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s programs and activities.
2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith.
3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods:
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1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or
2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language.
It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source:
“The ([Selection Criteria: Sponsor Name]), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex, age, or disability in consideration for an award.”
e. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and regulations.
2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations.
3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex, age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance.
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9. Engineering and Design Services.
If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.
10. Foreign Market Restrictions.
It will not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.
11. Policies, Standards, and Specifications.
It will carry out any project funded under an Airport Improvement Program Grant or an Infrastructure Investment and Jobs Act Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars (AC Checklist for AIP, IIJA and PFC Projects | Federal Aviation Administration) for AIP or IIJA projects
12. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801-3809, 3812).
[Selection Criteria: Grant Number Formatted]
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ASSURANCES
NON-AIRPORT SPONSORS UNDERTAKING NOISE COMPATIBILITY PROGRAM PROJECTS A. General.
1. These assurances shall be complied with in the performance of grant agreements for noise compatibility projects undertaken by sponsors who are not proprietors of the airport which is the subject of the noise compatibility program.
2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. Sponsors are units of local government in the areas around the airport which is the subject of the noise compatibility program.
3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this Grant Agreement.
B. Duration and Applicability.
1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor.
The terms, conditions and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.
The preceding paragraph (1) also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project.
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements
The Sponsor will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this Grant. Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable, to the type of organization of the Non-Airport Sponsors Undertaking Noise Compatibility Program Projects Assurances Page 2 of 10 Sponsor and any applicable sub-recipient. The applicable provisions to this agreement include, but are not limited to the following:
FEDERAL LEGISLATION
a. 49 U.S.C. subtitle VII, as amended.
b. Davis-Bacon Act, as amended – 40 U.S.C.3141-3144, 3146, and 3147, et seq.1 c. Federal Fair Labor Standards Act – 29 U.S.C. 201, et seq. d. Hatch Act – 5 U.S.C. 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, et seq.1, 2
f. National Historic Preservation Act of 1966 – Section 106 - 54 U.S.C. 306108.1 g. Archeological and Historic Preservation Act of 1974 – 54 U.S.C. 312501, et seq.1 h. Native Americans Grave Repatriation Act – 25 U.S.C. 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended – 42 U.S.C. 7401, et seq. j. Coastal Zone Management Act, P.L. 92-583, as amended – 16 U.S.C. 1451, et seq. k. Flood Disaster Protection Act of 1973 – Section 102(a) - 42 U.S.C. 4012a.1 l. 49 U.S.C. 303 (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973 – 29 U.S.C. 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin). o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. 12101 et seq.) (prohibits discrimination on the basis of disability).
p. Age Discrimination Act of 1975 – 42 U.S.C. 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968, as amended – 42 U.S.C. 4151, et seq.1 s. Powerplant and Industrial Fuel Use Act of 1978 – Section 403- 42 U.S.C. 8373.1 t. Contract Work Hours and Safety Standards Act – 40 U.S.C. 3701, et seq.1 u. Copeland Anti-kickback Act – 18 U.S.C. 874.1
v. National Environmental Policy Act of 1969 – 42 U.S.C. 4321, et seq.1 w. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. 1271, et seq. x. Single Audit Act of 1984 – 31 U.S.C. 7501, et seq.2
y. Drug-Free Workplace Act of 1988 – 41 U.S.C. 8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended by section 6202 of P.L. 110-252).
aa. Civil Rights Restoration Act of 1987, P.L. 100-259.
Non-Airport Sponsors Undertaking Noise Compatibility Program Projects Assurances Page 3 of 10 bb. Infrastructure Investment and Jobs Act, P.L. 117-58, Title VIII cc. Build America, Buy America Act, P.L. 117-58, Title IX..
EXECUTIVE ORDERS
a. Executive Order 11990 – Protection of Wetlands
b. Executive Order 11988 – Floodplain Management
c. Executive Order 12372 – Intergovernmental Review of Federal Programs d. Executive Order 12699 – Seismic Safety of Federal and Federally Assisted New Building Construction1
e. Executive Order 14005 – Ensuring the Future is Made in all of America by All of America’s Workers
f. Executive Order 14149 – Restoring Freedom of Speech and Ending Federal Censorship g. Executive Order 14151 – Ending Radical and Wasteful Government DEI Programs and Preferencing
h. Executive Order 14154 – Unleashing American Energy
i. Executive Order 14168 – Defending Women from Gener Ideology Extremism and Restoring Biological Truth to the Federal Government
j. Executive Order 14173 – Ending Illegal Discrimination and Restoring Merit-Based Opportunity
FEDERAL REGULATIONS
a. 2 CFR Part 180 – OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement).
b. 2 CFR Part 200 and 1201 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 3, 4, 5
c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment. d. 14 CFR Part 13 – Investigative and Enforcement Procedures. e. 14 CFR Part 16 – Rules of Practice for Federally Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150 – Airport Noise Compatibility Planning. g. 28 CFR Part 35 – Nondiscrimination on the Basis of Disability in State and Local Government Services.
h. 28 CFR 50.3 - U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964.
i. 29 CFR Part 1 – Procedures for Predetermination of Wage Rates.1 j. 29 CFR Part 3 – Contractors and Subcontractors on Public Building or Public Work Financed in Whole or Part by Loans or Grants from the United States.1 k. 29 CFR Part 5 – Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act).1 Non-Airport Sponsors Undertaking Noise Compatibility Program Projects Assurances Page 4 of 10 l. 41 CFR Part 60 – Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).1 m. 49 CFR Part 20 – New Restrictions on Lobbying.
n. 49 CFR Part 21 – Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23 – Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs.1, 2
q. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.
r. 49 CFR Part 27 – Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.1 s. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. t. 49 CFR Part 30 – Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. u. 49 CFR Part 32 – Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) v. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 38 – Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles.
x. 49 CFR Part 41 – Seismic Safety.
FOOTNOTES TO ASSURANCE (C)(1) 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code. 4 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 5 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this Grant Agreement.
1. Responsibility and Authority of the Sponsor.
It has legal authority to apply for this Grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official Non-Airport Sponsors Undertaking Noise Compatibility Program Projects Assurances Page 5 of 10 representative of the applicant to act in connection with the application and to provide such additional information as may be required.
2. Sponsor Fund Availability.
a. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States.
b. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control.
3. Good Title.
For projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained.
4. Preserving Rights and Powers.
a. It will not enter into any transaction, or take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
b. Subject to 49 U.S.C. 47107(a)(16) and (x), it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property for which it holds good title and upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this Grant Agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be approved in advance by the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement.
Non-Airport Sponsors Undertaking Noise Compatibility Program Projects Assurances Page 6 of 10
5. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport.
6. Consistency with Local Interest.
It has given fair consideration to the interest of communities in or near where the project may be located.
7. Accounting System, Audit, and Record Keeping Requirements a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made.
8. Minimum Wage Rates.
It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor under 40 USC 3141-3144, 3146, and 3147, Public Building, Property, and Works, which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.
9. Veteran's Preference.
It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. 47112.
However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.
10. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications, and schedules approved by the Secretary.
Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement.
Non-Airport Sponsors Undertaking Noise Compatibility Program Projects Assurances Page 7 of 10 Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this Grant Agreement.
11. Construction Inspection and Approval.
It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.
12. Operation and Maintenance.
It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended.
13. Hazard Removal and Mitigation..
It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.
14. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended.
15. Reports and Inspections.
It will:
f. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary;
g. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request;
h. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and Non-Airport Sponsors Undertaking Noise Compatibility Program Projects Assurances Page 8 of 10 i. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail:
1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and
2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property.
16. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d to 2000d-4); creed and sex per 49 U.S.C. 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant.
a. Using the definitions of activity, facility, and program as found and defined in 49 CFR 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances.
b. Applicability
1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s programs and activities.
2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith.
3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods:
1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or
2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source:
Non-Airport Sponsors Undertaking Noise Compatibility Program Projects Assurances Page 9 of 10 “The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex, age, or disability in consideration for an award.”
e. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and regulations.
2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations.
3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex, age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance.
17. Engineering and Design Services.
If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.
Non-Airport Sponsors Undertaking Noise Compatibility Program Projects Assurances Page 10 of 10
18. Foreign Market Restrictions.
It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.
19. Disposal of Land
a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund or (2) be reinvested in an approved noise compatibility project including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program. b. Disposition of such land under (a) will be subject to the retention or reservation of any interest or right necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport.
20. Relocation and Real Property Acquisition
a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
21. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26 or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801-3809, 3812).
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: July 16, 2025
_________________________________ Agenda Number: ___________ Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Memorandum of Understanding (MOU) with Mid Management (MM) RECOMMENDATION:
It is recommended the City Council adopt a resolution approving the MOU between the City of Madera and MM effective July 16, 2025, through June 30, 2027 SUMMARY:
The existing MOU with MM expired June 30, 2025. Representatives of the City and MM met and conferred in good faith through the collective bargaining process and have reached agreement on the terms of a new MOU. In summary, the proposed agreement includes the following key terms.
▪ Duration: 2-year term
▪ Salary: 3% Cost-of-living adjustment (COLA) July 2025 and 2% COLA July 2026 ▪ Health Benefits: City contribution will be equal to the Core+Dental+Vision premiums for the duration of the agreement
▪ Longevity: 3-tier longevity program based on years of full-time City service ▪ Paid Holidays: adds Juneteenth as a recognized City holiday ▪ Boot Allowance: increased boot allowance and revised list of eligible positions ▪ Education Incentive Pay: adds incentive pay for a Bachelor’s Degree if not required by job description for position
▪ Retention Bonus: $1,500 lump sum for each employee in January 2026 and January 2027 B-7
▪ Holiday Closure: Contingent on an agreement with the General Bargaining Unit that also includes a Holiday Closure, non-safety services will be closed between Christmas Day and New Years’ Day
DISCUSSION:
The City was represented in labor relations by Mr. Che Johnson of Liebert Cassidy Whitmore. City representatives have met with MM representatives to discuss the terms of a successor MOU. At this time, the parties have reached agreement on the terms to be contained in the new MOU.
The proposed MOU is provided as an attachment in full, and includes the following changes from the previous MOU in summary.
Core Economic Package
▪ Term: 2 years, effective upon adoption by the City Council July 16, 2025, through June 30, 2027.
▪ Salary:
1. Employees will receive a three percent (3%) COLA effective the pay period beginning July 12, 2025, with paycheck date August 1, 2025.
2. Employees will receive a two percent (2%) COLA effective the pay period beginning June 13, 2026, with paycheck date July 3, 2026. ▪ Health Insurance: For the term of the agreement, the City’s contribution cap will be set as follows:
▪ For Anthem Core and Anthem Buy-up plans, the City contribution will be equal to the Anthem Core + Dental + Vision premiums at each enrollment level. ▪ For Kaiser Core and Kaiser Buy-up plans, the City contribution will be equal to the Kaiser Core + Dental + Vision premiums at each enrollment level. ▪ There is no change to the waiver amount; it will remain $450 per month. ▪ Longevity Pay: In recognition of continuous full-time City service, employees will be eligible for Longevity Pay effective the pay period that begins June 28, 2025. Continuous full-time City service will include time credited when an employee meets the criteria for Reinstatement under the City’s Personnel Rules and Regulations. Longevity Pay will be as follows:
Table 1. Longevity Pay Program
Years of Service Pay Incentive
10 2.5%
15 5.0%
20 7.5%
This 3-tier longevity program will replace the longstanding Y-Step program previously offered to MM employees. No employee will lose pay under the program transition; 4 employees will be grandfathered at 2.5% until they qualify for the 10-year category.
Lump Sum Payments
▪ Retention Bonus: All employees will be eligible for a $1,500 lump sum retention bonus to be paid in January 2026 and January 2027.
Ancillary Items
In addition to the Core Economic Package, the City and MM have agreed to the following ancillary items specific to the pay and benefits received by employees represented by MM. ▪ Juneteenth Holiday: Juneteenth will be a recognized City holiday with business offices closed.
▪ Boot Allowance: Boot allowance will increase from $150 per year to $250 per year for applicable positions.
▪ Education Incentive Pay: The group currently receives education incentive pay for Masters and Doctorate Degrees. Under the new agreement, individuals with a Bachelor’s Degree will be eligible for a 5% incentive pay if a Bachelor’s Degree is not a requirement of their position’s job description.
▪ Holiday Closure: Non-safety functions will close between Christmas Day and New Years’ Day for 2025 and 2026 similar to the closure offered under the prior agreement. However, under the new agreement, employees required to work during the closure due to safety functions will be scheduled off the following week as opposed to banking the time for future use.
Clarification Items
▪ Bereavement Leave: Language has been updated to comply with current California law regarding the duration of bereavement leave (up to 5 days). Language has also been added to comply with requirements for reproductive loss leave. ▪ Family Sick Leave: Language has been added to comply with California law regarding the ability to use Family Sick Leave for a Designated Person who may not be a blood or legal relation.
▪ Health Benefit Contribution: When an employee is terminated for cause or convenience by the City, health benefit contributions will be continued for the current benefit month regardless of paid status.
▪ Notary Public Service: The long-standing section on Notary Public Service prohibited use of the Notary designation for anything other than City business. Language has been added to clarify that the service can be used for documents needed by City employees and the Notary’s friends and family if the service is provided free of charge and is in compliance with requirements for Notaries as set forth by the Secretary of State. ▪ Jury Duty: As jury service has changed to include multiple reporting times throughout the day, language has been added to clarify when an employee is excused from work and/or expected to be at work relative to jury service.
▪ Professional License Fees: The City has historically reimbursed for job-related professional license fees for Certified Public Accountants and Civil Engineers. This practice has been captured in the new MOU.
▪ Uniforms: The MM MOU was previously silent with regard to provision of uniforms, though the City has historically provided uniforms when they are required of the position.
Language has been added to capture this practice.
FINANCIAL IMPACT:
The costs associated with the proposed MOU are summarized in Table 2 below. These estimates are based on current workforce and numbers may fluctuate slightly based on the current workforce each pay cycle or when lump sum payments are paid. For Year 1 expenses, monies for the package items noted as funded by the Operating Budget have been included in the adopted Fiscal Year 2025/26 budget. Year 2 expenses will be included when the Fiscal Year 2026/27 budget is prepared. For lump sum payments, a designation will be made in the City’s undesignated General Fund balance and all lump sum payments, regardless of the employee’s typical payroll expensing department, will be paid by General Fund.
Table 2. Estimated Costs for Proposed MOU (rounded to nearest dollar) Compensation Element Estimated Cost Source of Funds
Year 1: Fiscal Year 2025/26
Core Economic Package $174,413 Operating Budget
Lump Sum Payments $26,001 Undesignated General Fund Balance Ancillary Items $31,709 Operating Budget
Total Year 1 $232,123
Year 2: Fiscal Year 2026/27
Core Economic Package
Recurring from Year 1 $174,413 Operating Budget
Additional Year 2 $88,723 Operating Budget
Lump Sum Payments $26,001 Undesignated General Fund Balance Ancillary Items $31,709 Operating Budget
Total Year 2 $341,601
Cumulative Contract Cost $573,723
Table 3 represents the current breakdown of compensation paid to MM employees by Fund and applies to items noted in Table 2 as being incorporated in the Operating Budget.
Table 3. Payroll Cost Distribution by Fund for MM Positions Fund Percent Allocation
Airport 0.6%
Computer Maintenance 4.5%
Drainage 0.8%
Equipment Maintenance 1.5%
Facilities Maintenance 3.0%
Fixed Route Transit 2.4%
Fleet Acquisition 0.4%
General 71.1%
General Fund Grants 2.3%
Housing Development 0.4%
Para Transit 2.4%
PD Grants 0.2%
Sewer 5.2%
Solid Waste 1.2%
Water 3.9%
ALTERNATIVES:
Council may direct staff to return to the bargaining table and continue to negotiate the terms of a successor MOU. If the Council does not take action on the resolution at this time, existing agreement terms will continue until a successor MOU is agreed upon.
ATTACHMENTS:
1. Resolution
a. Exhibit A: Memorandum of Understanding between the City and MM RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MADERA AND MID MANAGEMENT EFFECTIVE JULY 16, 2025, THROUGH JUNE 30, 2027 WHEREAS, the City of Madera (City) and Mid Management (MM) previously entered into a Memorandum of Understanding (MOU) that will terminated June 30, 2025; and WHEREAS, the City and representatives of MM have met and conferred in good faith regarding terms and conditions of a successor MOU; and
WHEREAS, the parties have reached agreement on a successor MOU regarding wages, hours, and terms and conditions of employment for positions represented by MM.
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 Memorandum of Understanding between the City of Madera and Mid Management, a copy of which is attached hereto as Exhibit A and incorporated herein, is approved.
3. The City Manager is authorized to execute the Memorandum of Understanding on behalf of the City.
4. The Director of Financial Services is directed to designate and classify reserves from the undesignated General Fund balance into the designated classification for the $1,500 Retention Bonus payments as called for in the Memorandum of Understanding.
5. This resolution is effective immediately upon adoption. ********************
Exhibit A: Memorandum of Understanding between the City and MM
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MADERA
AND
THE MID-MANAGEMENT EMPLOYEE GROUP
Effective July 16, 2025, to June 30, 2027
2 TABLE OF CONTENTS
Article 1 - Introduction............................................................................................................. 3 Article 2 - Full Understanding ................................................................................................. 3 Article 3 - Discrimination......................................................................................................... 3 Article 4 - Employee and Employer Rights ............................................................................ 3 Article 5 – Mid Management Group Membership................................................................... 4 Article 6 - Salaries.................................................................................................................... 5 Article 7 – Workdays/Workweeks ........................................................................................... 5 Article 8 - Holidays................................................................................................................... 6 Article 9 - Anniversary Date .................................................................................................... 7 Article 10 - Vacation................................................................................................................. 7 Article 11 - Education Reimbursement and Education Incentive Pay.................................. 7 Article 12 – Education Incentive Pay ...................................................................................... 8 Article 13 - Bilingual Pay ......................................................................................................... 8 Article 14 - Mileage Reimbursement....................................................................................... 9 Article 15 - Sick Leave ............................................................................................................. 9 Article 16 - Family Sick Leave ................................................................................................10 Article 17 – Bereavement Leave.............................................................................................11 Article 18 – Military Leave ......................................................................................................11 Article 19 - Insurance Benefits...............................................................................................12 Article 20 – Retiree Paid Insurance Benefits.........................................................................14 Article 21 - Workers' Compensation......................................................................................14 Article 22 – Safety Boots ........................................................................................................14 Article 23 - Retirement Plan....................................................................................................15 Article 24 - Deferred Compensation Plan..............................................................................15 Article 25 - Notary Public Services ........................................................................................16 Article 26 – Temporary Assignment to Perform Duties of a Higher Classification ............16 Article 27 – Holiday Closure...................................................................................................16 Article 28 – Jury Duty .............................................................................................................16 Article 29 – Professional License Fees .................................................................................17 Article 30 – Uniforms ..............................................................................................................17 Article 31 – Longevity Pay......................................................................................................17 Article 32 – Retention Bonus .................................................................................................17 Article 33 - Grievance Procedure...........................................................................................18 Article 34 - Corrective/Disciplinary Actions ..........................................................................18 Article 35 - Unwritten Conditions...........................................................................................21 Article 36 - Notice of Future Meet and Confer.......................................................................21 Article 37 - Severability...........................................................................................................21 Article 38 - Term......................................................................................................................22 3 Article 1 - Introduction
The duly authorized representatives of the City of Madera, hereinafter referred to as the City, and the Mid-Management Employee Group, hereinafter referred to as the Group having met and conferred in good faith do hereby jointly prepare and execute this Memorandum of Understanding (MOU).
The purpose of this MOU is to affirm, promote and provide for harmonious relations, cooperation and understanding between the City and members of the Group. It is also intended to provide an equitable means of resolving any misunderstanding or differences which may arise regarding wages, hours and other terms and conditions of employment.
Article 2 - Full Understanding
This MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other existing understanding or agreement by the parties, whether formal or informal, regarding any such matters are hereby terminated in their entirety.
This MOU shall govern in case of conflict with provisions of existing City and Department rules, regulations, and ordinances pertaining to wages, hours and other terms and conditions of employment. Otherwise existing City and Department rules, regulations and ordinances shall prevail and the City Council retains its power to legislate or take other appropriate actions not in conflict with this MOU.
Except for emergencies, the Group, if affected, shall be given reasonable advance written notice of proposed modification or adoption of any rule, regulation, or ordinance directly related to matters within the scope of representation and shall be given the opportunity to meet and confer with the City prior to adoption.
Article 3 - Discrimination
Employees or prospective employees shall not be employed, promoted, discharged or in any way favored, disadvantaged or discriminated against in any respect because of race, ancestry, religious creed, color, national origin, sex, pregnancy, marital status, sexual orientation, medical condition, mental or physical disability, Veteran’s status, request for family medical leave political opinion or affiliation, or association membership or activity; and, to the extent prohibited by applicable law, there shall be no discrimination because of age.
Article 4 - Employee and Employer Rights
The parties hereto agree that this Memorandum of Understanding does not, in any manner, abridge, modify or restrict the rights and prerogatives of the employees and the City as set forth in Resolution #4775 of the City of Madera and by this reference, said Resolution is incorporated herein as though set forth in full.
It is further understood and agreed that the City retains all its powers and authority to manage municipal services and the work force performing those services.
The City recognizes its obligations to meet and confer in good faith in accordance with the Meyers Milias Brown Act. However, it is agreed that during the term of this MOU the City shall not be 4 required to meet and confer on matters, which are solely a function of management, including but not strictly limited to:
1. Determining and modifying the organization of City government and its constituent work units.
2. Determining the nature, standards, levels and mode of delivery of services to be offered to the public.
3. Determining the methods, means and the numbers and kinds of personnel by which services are to be provided.
4. Determining whether goods; or services shall be made or provided by the City, or shall be purchased, or contracted for.
5. Directing employees, including scheduling and assigning work, work hours, and overtime.
6. Establishing employee performance standards and to require compliance therewith.
7. Discharging, suspending, demoting, reducing in pay, reprimanding, withholding salary increase and benefits, or otherwise disciplining employees, subject to the requirements of applicable law.
8. Relieving employees from duty because of lack of work or lack of funds or other legitimate reasons.
9. Implementing rules, regulations, and directives consistent with law and the specific provisions of this MOU.
10. All City rights formerly or presently claimed or vested in the City on the effective date of this MOU, even though not specifically set forth above, are retained by the City unless clearly and explicitly modified or restricted in this MOU.
Article 5 – Mid Management Group Membership
Maintenance of Membership
The group elected officials will notify the City’s Payroll Department via email to [email protected] of any changes to union membership. Upon receipt of the change from the group elected officials, the City will make the change within the same pay period the notice is provided. The City will not make any changes to union membership without the group’s elected officials giving such notice, unless an employee in the group is promoted to a position outside of the unit and their new classification is not covered under the MOU, then at that time only, the City will make the automatic changes to stop union dues. The City will not be held liable for Group dues deductions made or terminated based on notice from an authorized Bargaining Group representative.
Group Dues Deduction
The City shall deduct from the first two (2) paychecks in each calendar month of unit employees the regular [periodic] Group membership dues as certified by an authorized official of the 5 Bargaining Unit, pursuant to the Groups’ deduction authorization form duly completed and signed by the employee, and transmit such deductions monthly to the Group. Such deduction shall be made only when the Group member's earnings for a pay period are sufficient after other legally required deductions are made. It is agreed that the City assumes no liability on account of any actions taken pursuant to this section. The Group will provide a thirty day written notice to the City’s Human Resources Department of any changes in the amount of the dues.
New Employee Orientation
The City will provide the Group with two weeks advance notice (when possible) of any new employee’s orientation or existing employee’s promotion date into the unit and will give a Group representative up to 20 minutes as part of that orientation. The Group’s part of the orientation will take place the during the first two weeks of the new employee’s employment in an appropriate break room. The Group will make arrangements directly with the new employee regarding this orientation. The Group will be given a new employee’s name, work unit, job classification, home address, personal cell phone, rate of pay and start date prior to the employee’s start date to the extent the information is available.
Article 6 - Salaries
Effective the pay period beginning July 12, 2025, with pay date August 1, 2025, employees represented by this unit and employed with the City will receive a 3% base wage increase.
Effective the pay period beginning June 13, 2026, with paycheck date July 3, 2026, employees represented by this unit and employed by the City will receive a 2% base wage increase.
The salary schedule attached as Exhibit A reflects the salary plan that will be effective upon implementation of the base wage increase on each effective date noted above.
Article 7 – Workdays/Workweeks
Both the City and Mid-Management Group recognize that overtime rules are set at both the Federal and State level and these rules are not necessarily the same nor under control of the City or Group. It is the intent of the parties to comply with both Federal and State requirements on an ongoing basis. Both Federal and State regulations provide a 2-part test for determining whether a position is overtime exempt. The two parts are referred to as the duties test and the salaries test. All positions in the Mid-Management Group meet the duties test under either the 'Executive', 'Professional' or 'Administrative' exemption. As regulations change some positions will not meet the salary test at certain steps of their assigned salary range.
For any positions that do not meet either the Federal or State salary test at certain steps, employees working in those positions at those steps will be eligible for overtime pay as set by statute for all hours eligible for overtime under either the Federal or State statutes as they apply to the City of Madera. Employees may elect to accrue equivalent Compensatory Time Off (CTO) in lieu of cash payment for overtime hours worked. Use of available CTO shall be requested and approved in the same manner as vacation leave. The CTO time bank for each employee shall be capped at 240 hours.
6 Employees eligible to accrue CTO as well as employees who have a remaining CTO balance from prior positions or pay rates that were eligible for overtime who have a CTO balance on the books may make an annual request to cash-out CTO. Specifically, the employee may request an annual cash-out of CTO in writing to the payroll department no later than August 31 of each year to be paid the second payroll in September.
In recognition of the fact that all positions in the Mid-Management Group are expected to work all reasonable hours necessary to accomplish assigned tasks the represented positions will be credited with five days (40 Hours) of Administrative Leave at the beginning of each fiscal year.
This leave may not be carried over or cashed out and shall be taken under the same conditions as vacation leave. It is recognized that such time is not intended to provide an hour for hour or greater leave for actual hours worked over those scheduled, but is a benefit in recognition of duty requirements.
Generally, a regular workweek shall consist of 40 hours. These hours shall be scheduled by the City but shall not violate applicable State of California Labor Codes or existing City Personnel Rules and Regulations. Work schedules may be 5/8s, 4/10s or a 9/80 schedule. Authority to work a 4/10 or 9/80 schedule will be granted with the approval of the City Manager and the Department Head provided public service hours are not adversely impacted and customer service is maintained. Employees approved to work a 4/10 or 9/80 work schedule must commit to that work schedule for at least one year unless an unforeseen emergency dictates a return to his/her prior work schedule. Any request to modify an approved 4/10 or 9/80 work schedule must also include a commitment to maintain the modification for at least one year. Requests to discontinue a 4/10 or 9/80 work schedule within one year of approval and all requests to modify a 4/10 or 9/80 work schedule must be approved by the City Manager and Department Head.
Employees may request to flex their regular work schedule. Approval of such requests will be at the discretion of the Department Head.
Article 8 - Holidays
The parties agree that the following (8) hour days are established as holidays with pay: New Year's Day, Martin Luther King's Birthday, President's Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Indigenous Peoples Day, Veteran's Day, Thanksgiving Day, Day After Thanksgiving, and Christmas Day.
The parties agree that the following half days (4 hours) are established as partial holidays with pay: Good Friday and the last work day prior to Christmas or New Year’s Day.
The parties agree that to be eligible to receive a paid holiday, the employee must be in a paid status on the scheduled work day either immediately preceding the identified holiday or on the scheduled work day immediately following the identified holiday. Consistent with Personnel Rule IX Section 12, a new employee is not entitled to receive a paid holiday until he/she has actually worked for the City of Madera in a full time capacity for at least 1 scheduled work day.
If an employee is required to work a special mandatory event on a paid holiday, the paid holiday may be shifted within the same pay period to a date approved by the applicable Department Head.
This is not meant to address situations in which an employee may work on a paid holiday to catch up on work or finish a project that is due, but is instead meant to capture such instances as the Parks Department’s 4th of July event in which employee attendance is mandatory and necessary for the success of the event. In these instances, the event is known in advance and all 7 arrangements should be made in advance. It is the employee’s responsibility to request of his/her Department Head the appropriate day within the same pay period to shift the paid holiday to. If arrangements are not made prior to the end of the pay period in which the paid holiday occurs, the employee may not shift the paid holiday to a subsequent pay period.
In addition to the City observed holidays outlined above, employees in this unit will receive floating holiday leave hours. Said leave hours shall be credited to the employee on July 1 of each fiscal year, may not be carried over or cashed out, and shall be taken under the same conditions as vacation leave.
Employees with 5-9 years of full time continuous service with the City of Madera as of July 1 of each year shall be credited with 20 hours of floating holiday leave. Employees with 10 or more years of full time continuous service with the City of Madera as of July 1 of each year shall be credited with 40 hours of floating holiday leave.
Article 9 - Anniversary Date
Each employee shall receive the date known as the "employee anniversary date" as a vacation day. This day shall be added to vacation time at a straight time rate. Credit for the day will not be given until the employee's anniversary date has passed during the current fiscal year.
Article 10 - Vacation
Group employees earn vacation credits, dependent upon the number of years of service with the City, for each pay period an employee is in a paid status at least 50% or more of the period. All accrued vacation is paid to a Group member upon retirement, resignation or termination.
COMPLETED YEARS = NUMBER OF HOURS RECEIVED PER PAY PERIOD 0 through 4 yrs. = 3.6923 hrs. per pay period
5 through 9 yrs. = 4.6156 hrs. per pay period
10 through 14 yrs. = 5.5384 hrs. per pay period
15 through 19 yrs. = 6.1538 hrs. per pay period
20 plus yrs. = 6.4615 hrs. per pay period
Vacation may be used after completing six months of continuous service. The maximum vacation employees in this group are allowed to accumulate is 360 hours.
Employees represented by this bargaining unit may request to cash out up to 40 hours of vacation each fiscal year. To be eligible for such cash out provision, employees must make their request in writing to the payroll department no later than August 31 of each year for cash out to be paid the second payroll in September. Additionally, employees must have a vacation balance of at least 160 hours to request a cash out.
Article 11 - Education Reimbursement and Education Incentive Pay Employees are eligible for job related educational reimbursement for courses with prior approval of their respective Department Head and City Administration and a minimum passing grade of “C” as follows:
8 • Books: 100%
• Tuition: 100%
• No mileage reimbursement allowed
The 100% reimbursement is limited to a total of $2,400 per fiscal year.
Reimbursement request must be submitted to the Human Resources Department no later than 45 days after completion of the course.
Scheduled time off for classes not offered during off work time must use compensatory, administrative or vacation time, not to exceed six (6) hours per week.
Article 12 – Education Incentive Pay
Employees in this unit will be eligible for education incentive pay as follows. These incentives cannot be combined. All incentives will be effective the first whole pay period following attainment of the incentivized achievement, however will not be retroactive more than 60 days unless the delay is caused by the educational institution and Human Resources is advised of said delay prior to the 60-day retroactive deadline. Employees must provide either a copy of their Diploma or Transcripts showing degree attainment to receive Education Incentive Pay. For any employee newly eligible for Education Incentive Pay upon approval of this Memorandum of Understanding, the employee must advise their Department Head of their eligibility by providing proof of their achievement.
5% of base pay only for an approved Bachelor’s Degree if such a degree is not required by the applicable job description (effective beginning the pay period that starts July 12, 2025) 5% of base pay only for an approved Master’s Degree
7% of base pay only for an approved Doctoral Degree, not to be combined with or compounded by the 5% Master’s Degree incentive
Article 13 - Bilingual Pay
Eligibility for bilingual pay will be based on employee proficiency determined by testing. The City Manager shall determine the number of bilingual positions and tier levels needed for each department.
Tier #1. Successful passing of the Cooperative Personnel Services (CPS) "Spanish Bilingual Proficiency Test, Social Services" with a proficiency rating of no less than a level three.
Tier #2. Successful passing of the CPS "Spanish Bilingual Proficiency Test, Social Service with a proficiency rating of either level four or five.
Tier #3. Successful passing of the CPS "Spanish Bilingual Proficiency Test, Social Services" with a proficiency rating of no less than six. 9 Compensation for the bilingual Tier system shall be as follows:
Tier # 1 $150 per month Tier # 2 $200 per month Tier # 3 $250 per month The employees currently receiving bilingual' incentive pay shall continue to receive $50.00 per month unless they pass the CPS proficiency test at the designated level.
For represented employee’s taking the Cooperative Personnel Services (CPS) “Spanish Bilingual Proficiency Test, Social Services” in or after December 2010, bilingual incentive pay shall be determined as follows:
Tier #1. Successfully passing with a proficiency rating of no less than a level three. $150 per month
Tier #2. Successfully passing with a proficiency rating of no less than four. $200 per month Tier #3. Successfully passing with a proficiency rating of no less than five. $250 per month Article 14 - Mileage Reimbursement
For authorized use of an employee's vehicle, the employee will be reimbursed per mile at the current IRS rate. A valid California driver’s license and insurance coverage is required.
Article 15 - Sick Leave
Sick leave, with pay, accrues at the rate of 3.6923 hours per pay period an employee is in a paid status at least 50% or more of the period. Rules governing sick leave use and eligibility are noted in the City of Madera Personnel Rules and Regulations manual.
In addition to the reasons for use of Sick Leave as stated in the Personnel Rules & Regulations, an employee may utilize accrued Sick Leave hours for any absence designated by the City as being covered by the Federal Family Medical Leave Act (FMLA) and/or the California Family Rights Act (CFRA), regardless of the reason for the leave. It will be the employee’s responsibility to complete the required paperwork to certify the need for leave and he/she must provide timely notification of the need for leave in compliance with FMLA/CFRA regulations. Use of Sick Leave for this purpose will not commence until such requirements have been met. Use of Sick Leave for family members when the leave has been designated as FMLA/CFRA will not count against the employee’s annual limit of Family Sick Leave as provided in Article 15 of this MOU.
Employees hired/promoted to the Mid-Management Group prior to 7/1/83 may cash out sick leave per the following:
Years of % of Years of % Of
Service Leave Service Leave
5 (min) 10 13 28
6 12.5 14 29
7 15 15 30
8 17.5 16 34
9 20 17 38
10 25 18 42
10 11 26 19 46
12 27 20 (max) 50
Employees hired/promoted to Mid-Management 7/1/83 and later may cash out sick leave at the rate of 1 % a year for each year of service up to a maximum of 30% for 30 years. To be eligible employees must be employed with the City on a full time basis for a minimum of five years.
The cash out provision of sick leave pertains only to retirements and positive terminations.
Negative terminations (discharge) are not, eligible for cash out of sick leave. An employee has the option to convert 100% of the remaining sick leave upon retirement to PERS service credit.
Article 16 - Family Sick Leave
Sick Leave may be used up to the limit of ninety-six (96) hours each calendar year:
1. For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee’s family member, including:
1.1. Child (including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis.)
1.2. Spouse or Registered Domestic Partner
1.3. Parent (including biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.)
1.4. Grandparent
1.5. Grandchild.
1.6. Sibling.
1.7. Designated Person (employee may designate one designated person per 12- month period)
2. To obtain any relief or services related to being a victim of domestic violence, sexual assault, or stalking including the following with appropriate certification of the need for such services:
2.1. A temporary restraining order or restraining order.
2.2. Other injunctive relief to help ensure the health, safety or welfare of themselves or their children.
2.3. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
2.4. To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking. 11 2.5. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
2.6. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.
Such leave is a part of Sick Leave accrual, not in addition to the annual accrual of Sick Leave. All conditions and restrictions placed by the City upon the use by an employee of sick leave for himself or herself shall apply to the use by an employee of sick leave to attend to an illness of his or her identified family member.
All other provisions for use of Sick Leave by the employee also apply to Family Sick Leave use.
This includes, but is not limited to, the Sick Leave section of the Personnel Rules and Regulations.
This time is part of, not in addition to, the 12 days (96 Hours) of sick leave earned per year.
Article 17 – Bereavement Leave
In the event of the death of the employee’s parent, spouse, registered domestic partner, or child, employee shall be eligible for paid non-chargeable leave up to a maximum of three (3) days for in-state relatives and five (5) days for out-of-state relatives. Employees granted bereavement leave for a parent, spouse or child shall be paid for work hours regularly scheduled only but not worked.
When a death occurs in the immediate family of an employee, the employee shall be granted up to five (5) days leave for the death of a family member. Such time will be charged to sick leave, vacation leave, administrative leave or floating holiday at the employee’s discretion. The immediate family is defined as current spouse, registered domestic partner, child, parent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law and grandparents.
In accordance with government code 12945.6, employees employed for 30 days or more with the City may take up to five (5) days of leave for a reproductive loss event. Reproductive loss leave is not required to be taken consecutively but must be completed within three (3) months of the loss. If an employee experiences more than one loss in a year, they are entitled to no more than twenty (20) days of reproductive loss leave in that one-year period. Employees may use any of their available accrued time off (vacation, sick or compensatory time off) to cover their reproductive loss leave. If an employee does not have any accrued leave time, they may be approved for unpaid leave.
Article 18 – Military Leave
An employee requesting Military Leave must furnish a copy of their official orders to the immediate supervisor and the Human Resources Department as far in advance as possible.
For the purposes of this MOU, active and inactive duty will be defined based on the Military and Veteran’s Code as follows:
12 Active Duty: Active military training, encampment, naval cruises, special exercises, or similar activity as a member of the reserve corps or force of the armed forces of the United States, or the National Guard, or the Naval Militia.
Inactive Duty: Weekend drills as a member of an inactive unit of the National Guard or Reserves, or a similar activity.
Consistent with its statutory obligation the City continues an employee’s pay for the first 30 days of active duty on a given fiscal year. For the purposes of administering paid military leave, 180 hours of paid military leave is equivalent to 30 days. Employees requesting military leave for active duty beyond 180 hours may request a leave without pay or the use of vacation, compensatory time off or holiday time. Per Opinion No. 395.05 of the California Attorney General in regards to sections 395.03 and 395.05 of the Military and Veterans Code, the City is obligated to maintain 30 days of pay only one time per activation.
When requesting leave for inactive duty an employee may request leave without pay or use of vacation, compensatory time off, or holiday pay.
However, when an employee is called to active duty as a result of a Presidential declaration of war or military action the City will pay the employee the difference between their City and military pay after verification of military pay has been received by the City. Such salary continuation will be provided after an employee has exhausted 180 hours of paid military leave in the fiscal year as noted above. The salary continuation will cease when the employee is discharged from active duty or twelve (12) months after the date of active duty commences, whichever comes first.
Employees called to active duty will remain eligible to accrue vacation (up to the maximum accrual noted in the MOU), sick leave and benefit allowance (dollars) for each period in which the salary continuation benefits are paid. Uniform and /or Boot allowance for the fiscal year will also be prorated in recognition of the limited use during active military duty. If an employee has already received the Uniform and/or Boot allowance for the fiscal year, the employee will reimburse the City on a prorated basis in recognition of the limited use during the active military duty.
An employee on Military Leave is to be reinstated to the position (or a position of similar seniority, status and pay) held prior to being called to active duty if: 1) the employee has given advance notice of military service, 2) the cumulative length of the absence including all previous absences from the position of employment by reason of military service does not exceed five years, and 3) the returning veteran reports or seeks to return to work within the time required by statute.
Article 19 - Insurance Benefits
The City shall provide a monthly benefit dollar amount, specified below, for each employee to purchase at a minimum employee only medical, dental, and vision coverage. The pay period equivalent of the benefit dollars will be paid each of 24 pay periods per calendar year provided an employee is in a paid status 50% or more of the period when eligible to participate in the health insurance plan. All employees receiving the benefit dollars will be required to participate in the premium conversion component of the IRS Section 125 plan at no cost to the employee. 13 The number of people the employee elects to enroll in the medical plan determines the amount of benefit dollars provided. If the cost of the employee benefit elections are less than the benefit dollars provided the remainder will be added to the employee check. If the cost of the employee benefit elections is greater than the benefit dollars provided, then the remainder will be deducted from the employee check. Employees can waive participation in health insurance benefits if they provide evidence of other coverage. To comply with Internal Revenue Service (IRS) Regulations for “Eligible Opt Out Arrangements” under the Section 125 plan, Employees who seek to waive health benefits coverage must provide a copy of their insurance card demonstrating other coverage or provide sufficient plan information as determined by the City’s Human Resources Department such as the carrier and group number of the plan. Additionally, to meet IRS requirements, employees must attest to the fact that the plan they have that allows them to waive participation in the City’s plan meets Minimum Essential Coverage (MEC) requirements of the Affordable Care Act and that all members of their tax family have coverage that meets MEC requirements. Such waiver and attestation shall be captured on forms provided by the Human Resources Department. No portion of this MOU is meant to convey requirements more stringent than those required by the Affordable Care Act and/or IRS Regulations. Employees who waive coverage will receive $450/month.
For the term of this agreement only, the City’s defined contribution towards health insurance will be capped using the following formula. At no time will the City’s contribution exceed the combined premium for medical, dental and vision insurance at each enrollment level. The City’s benefit plan year is January through December; upon confirmation of plan year premiums, the City will provide notice to employees of premiums and the City contribution based on the following formulas. ▪ The City contribution towards Kaiser Core and Buy-up plans will be the Kaiser Core plan premium + Vision premium + Dental premium
▪ The City contribution towards Anthem Core and Buy-up plans will be the Anthem Core plan premium + Vision premium + Dental premium
▪ There will be no change to the waiver amount.
Following expiration of this agreement, the City’s defined contribution for health insurance will be set at the January 2027 core rates. There will be no automatic increases in the City’s contributions unless specifically agreed to by the parties.
Because the City’s benefit plans are administered in whole month increments, when an employee is terminated for cause or convenience by the City, benefit contributions as defined above will continue for the current coverage month regardless of paid status.
The City reserves the right to determine the carriers and will seek input from the bargaining units regarding plan design of the standard benefits and possible voluntary optional benefits. Optional benefits include, but are not limited to, dependent coverage and participation in flexible spending accounts.
The City provides term life insurance for employees in the Group in the amount of $25,000 which includes accidental death and dismemberment (AD&D) coverage. The City also provides dependent life in the amount of $5,000 and Long Term Disability Insurance, which provides salary replacement benefits.
14 Article 20 – Retiree Paid Insurance Benefits
The City will allow retirees to continue to participate in the City health plan offerings (medical, dental, and vision) at the retirees expense until age 65 or when eligible for Medicare, whichever comes first. Both retiree and dependent coverage are available under this program. An administrative fee in an amount equal to two percent (2%) of the insurance premiums will be charged to the retiree for the City to process the benefit. In the event the administrative fee increases, retiree shall pay the higher fee. If, in the future, the City no longer offers the same insurance carrier/plan the retiree and his or her spouse will be eligible to purchase insurance coverage under the new plan.
Article 21 - Workers' Compensation
Employees represented by this group who have suffered an industrial injury that has been accepted as such by the City and are not able to return to duty are not eligible to receive monthly benefit allowance once they have been declared permanent and stationary by either their treating physician or the Workers’ Compensation Appeals Board and they have exhausted all of their accruals, leaving them on unpaid status. At such time, the City will also no longer be required to provide life insurance, dependent life insurance, and long term disability insurance.
If the employee is on leave due to an industrial injury that has been accepted as such by the City and is cleared to return to full or part time work by his/her treating physician, the employee will use sick leave in accordance with the City of Madera Personnel Rules and Regulations or any other leave the employee may have accrued to attend to any additional medical or therapy appointments scheduled during the work shift.
When an employee is on leave due to an industrial injury that has been accepted as such by the City, the City is not obligated to pay any more temporary disability than that which is provided for in the California Labor Code or in this Memorandum of Understanding. Employees will use accrued sick, vacation, holiday or compensating time off to supplement temporary disability pay to provide a full regular paycheck.
Article 22 – Safety Boots
A safety boot allowance of $250.00 shall be provided annually with the second paycheck in July to the following positions:
Electrical and Facilities Operations Manager
Fleet Operations Manager
Wastewater Treatment Plant Manager
Water and Sewer Operations Manager
Street & Storm Drainage Operations Manager
Equipment Shop Supervisor
Streets and Storm Drainage Supervisor
Wastewater Collection System Supervisor
Water System Supervisor
Parks Supervisor
Construction Inspection Supervisor
Code Enforcement Supervisor
15 Employees who are hired into the above positions during the year shall receive a pro-rated paycheck based on the remaining number of months in the year. This equipment is to be worn at all times while performing City duties, except as authorized by the employee’s department head.
Safety boots are classified by the Internal Revenue Service as supplemental wages and are subject to income tax withholding in accordance with Circular E, Employer’s Tax Guide.
Article 23 - Retirement Plan
The City of Madera is a member of the California Public Employees’ Retirement System (CalPERS). The specific retirement benefits each employee receives are governed by the contract between the City and CalPERS as well as the Government Code. Any employee contributions for the plans outlined below will be made as a pre-tax deduction in accordance with applicable tax law. Employees shall pay for the employee’s contribution to the 1959 Survivor Benefit.
Miscellaneous Employees
Classic Formula: 2.5% @ 55 with the retirement calculation based on single highest year for all employees who first worked for the City of Madera prior to October 20, 2012. The City will pay the Employer Contribution. Employees will pay 3.375% towards the Employee Contribution, with the City paying the remaining 4.625% of the Employee Contribution as Employer Paid Member Contributions (EPMC).
Tier I Formula: 2% @ 60 with the retirement calculation based on average 3 year final compensation for all employees who first worked for the City of Madera on or after October 20, 2012 and before January 1, 2013 OR employees employed on or after January 1, 2013 who have been members of CalPERS or a CalPERS reciprocal agency within 6 months of the date of hire. The City will pay the Employer Contribution.
Employees will pay 3.375% towards the Employee Contribution, with the City paying the remaining 3.625% of the Employee Contribution as Employer Paid Member Contributions (EPMC).
PEPRA Formula: 2% @ 62 with the retirement calculation based on average 3 year final compensation for all employees who first worked for the City of Madera on or after January 1, 2013 who were not previously CalPERS members or were CalPERS or CalPERS reciprocal system members but experienced a break in service of at least 6 months. The City will pay the Employer Contribution. Employees will pay the Employee Contribution as determined by CalPERS, currently 7%.
Article 24 - Deferred Compensation Plan
For members of this Group, the City pays an amount equal to 4.2% (rounded up or down) of the employee's salary into the deferred compensation plan.
16 Article 25 - Notary Public Services
The City Manager shall determine the positions eligible for City-paid Notary Public training. The City will pay for the costs associated with obtaining and maintaining the Notary Public designation, including supplies. If the City pays for Notary Public training or renewal, the services must only be provided for City business, documents for City employees, or documents for the employee’s family and friends provided free of charge, as long as such family and friends services do not conflict with any requirements as set forth by the California Secretary of State for public notaries.
Article 26 – Temporary Assignment to Perform Duties of a Higher Classification Permanent employees assigned in writing to perform duties of a higher classification shall receive a five percent (5%) increase, or to the first step of the higher level class, whichever is greater, after working fifteen (15) consecutive days, or 120 hours, in such higher paid class. To be eligible for such pay the employee must assume a majority of the duties and responsibilities of the higher level class, and the assignment must be approved by the City Manager.
Article 27 – Holiday Closure
Contingent upon approval of this same provision by the Madera Affiliated City Employees’ Association representing the General Bargaining Unit, the City will close non-safety functions of City services between Christmas Day (December 25) and New Years’ Day (January 1, ) for 2025 and 2026. The City will provide for employees who are not normally required to work on holidays their normally scheduled work days between December 25 and January 1 during the term of this agreement as days off with no loss in pay.
The City Manager may approve requests from Department Directors regarding necessary and/or safety services that must be performed during the identified Holiday Closure defined above. If approved by the City Manager, City will provide notice by November 1 to any employee to whom this applies. For any employee whose position with the City requires they work as normally scheduled during the dates identified above, said employee will take their Holiday Closure January 2-7.
Article 27 shall be applicable solely during the term of this MOU which terminates on June 30, 2027. It shall become null and void thereafter and will be eliminated from the MOU unless specifically agreed to by side letter or subsequent MOU agreement.
Article 28 – Jury Duty
Employees who are required to report for Jury Duty will not be required to report to work prior to their attendance at Jury Duty if the time to report to jury duty is at or before 10:00 am. For jury duty report times occurring after 10:00 am, the Department Director will have the authority to approve an appropriate excusal time taking into account any required clean-up and travel time.
Any time between the employee’s regular work start time and the time the employee must report to Jury Duty will be considered Jury Duty leave and paid in accordance with the City’s Personnel Rules, Rule XIX, Section 2. Employees must provide a copy of their Jury Duty summons in advance of reporting for Jury Duty and must submit proof from the Court Clerk of their attendance at Jury Duty and the time they were dismissed if not required to serve. 17 Article 29 – Professional License Fees
The City shall pay the cost to renew professional licenses for the following classifications:
1. Professional Engineer (Civil)
a. Associate Civil Engineer
b. Senior Civil Engineer
c. Deputy City Engineer
2. Certified Public Accountant
a. Accountant I/II
b. Financial Services Manager
Article 30 – Uniforms
If employees are required to wear uniforms, they shall be provided by the City. Replacement of worn uniforms shall also be the City's responsibility. Any employee issued a uniform shall be responsible for replacement of such if it becomes lost or damaged through negligence on the part of the employee.
Article 31 – Longevity Pay
In recognition of continuous full-time City employment, employees represented by this unit will be eligible for longevity pay as follows. For any employee approved for rehire under the reinstatement provision of the City’s Personnel Rules & Regulations, years of service will be calculated using the adjusted Service Date, calculated as Rehire Date + prior full-time continuous service. This is the same adjusted Service Date used for benefit accrual calculations for reinstated employees.
As this is a new pay upon approval of this Memorandum of Understanding, current employees will be eligible for Longevity Pay the pay period that begins July 12, 2025, with pay date August 1, 2025. When an employee becomes eligible for a new Longevity Pay rate in the future based on years of service, the pay will be effective the first whole pay period following the applicable anniversary date.
For any employee employed at the time of signing of this Agreement who achieved the Y-Step provided under a prior Agreement who is not yet eligible based on Years of Service as identified below, said employee will be placed on the first incentive level identified below of 2.5% and will continue to receive the 2.5% until such time that they achieve a Years of Service milestone providing an increase to their Longevity Pay.
Years of Service Percent of Base Salary
10 2.5%
15 5.0%
20 7.5%
Article 32 – Retention Bonus
Employees represented by this unit and employed with the City at the time of paycheck issuance will receive a retention bonus payment in the amount of $1,500 to be paid in the January 16, 2026, and January 15, 2027, paychecks. This provision shall automatically sunset after January 15, 2027.
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18 Article 33 - Grievance Procedure
Definition: A grievance is defined as a complaint of an employee or a group of employees concerning the interpretation or application of the provisions of the Memorandum of Understanding or the City Personnel Rules and Regulations.
A grievance does not include concerns or complaints whereby the solution would require the exercise of legislative power such as the adoption or amendment of a resolution, rule, regulation or policy established by legislative or judicial bodies other than the City Council; concerns or complaints regarding disciplinary action of an employee who has appeal rights as expressed in the MOU or City Rules and Regulations; and/or concerns or complaints whereby the solution is within the scope of representation subject to the meet and confer process.
Step 1: An employee shall first discuss the issue with the immediate supervisor as soon as practical and in any event no later than 10 working days from the occurrence or the knowledge of the occurrence of the issue. The supervisor will review the matter and attempt to resolve the issue on a timely basis.
Step 2: If the employee is not satisfied with the response of the immediate supervisor during the informal review, the employee may submit the issue for formal review. This is accomplished by preparing a written request for review stating the specific City policy and/or provision of the applicable MOU that was improperly applied, and stating the specific resolution desired. This written request is to be submitted to the immediate supervisor for review within 5 working days of receipt of the supervisor's response during the informal review. The supervisor has 5 working days to respond to the formal grievance.
Step 3: If not satisfied with the response at Step 2, the employee may request, in writing, the matter be reviewed by the Department Head. This review must be requested within 5 working days of the receipt of the response at Step 2. The Department Head shall schedule a meeting to hear the grievance within 10 working days of receipt and shall provide a written decision within 5 working days of hearing the grievance.
Step 4: If not satisfied with the decision of the Department Head, the employee may request, in writing, the matter be reviewed by the City Manager or designee. The request must be submitted within 5 working days of receipt of the decision at Step 3. The City Manager will provide further review of the issue as appropriate and prepare a written response to the employee within 10 working days of receipt of the written request for review. The decision of the City Manager or designee is final and not subject to further appeal or review.
If the employee fails to respond within the time periods provided, the grievance is withdrawn and is not subject to further review or appeal. If City management fails to respond within the time periods provided, the employee may proceed to the next step in the process. The City and the employee may mutually agree to extend the time periods discussed above or may agree to waive Steps 1-3 when the issue involves staff from more than one department or when the subject of the grievance is not within the jurisdiction of the supervisor or Department Head.
Article 34 - Corrective/Disciplinary Actions
Corrective/Disciplinary Action may be taken against any regular employee of the City up to and including termination of employment when employee performance or behavior is determined to 19 be below expectations desired or outside the standards of the work environment. The City will administer a progressive discipline approach up to and including termination of employment.
However, the City reserves the right to determine the form of discipline to be imposed based on several factors, including but not limited to, the severity and frequency of the cause of action as well as the employment history of the employee.
Grounds for Corrective Disciplinary Action
Poor performance or any violation of a City rule, regulation, policy, procedure, or ordinance may require Corrective/Disciplinary Action. The poor performance or violation may involve a single incident or a series of infractions. In this regard, acts which may be the basis for action up to and including termination of employment include, but are not limited to, the following:
Fraud in securing employment
Incompetence
Inefficiency
Inexcusable neglect of duty
Insubordination
Dishonesty
Unauthorized absence without leave
Conviction of a felony or conviction of a misdemeanor involving moral turpitude Continued or flagrantly discourteous treatment of the public or another employee Improper political activity
Misuse or theft of City property
Violation of City rules, regulations, policies, procedures or ordinances Other failure of good behavior either during or outside of duty hours which is of such a nature that it causes discredit to the City or an employee's employment or creates a conflict of interest Falsifying, and/or unauthorized removal or destruction of City records Unauthorized possession of firearms or explosives
Harassment (sexual or otherwise) of another employee or member of the public Gambling on duty or while on City property
Either (a) the sale, purchase, transfer, possession, or consumption of alcoholic beverages or illegal drugs or (b) the use of drugs which impair the senses or the ability to perform the job during normal working hours or on City premises
20 Excessive tardiness
Failure to properly report absence
Types of Corrective/Disciplinary Action
Corrective/Disciplinary Action normally progresses from the least to the most severe action.
However, some available actions may be bypassed depending upon the severity of the infraction.
Nothing in this section shall be interpreted as restricting the City's right to take Corrective/Disciplinary Action, including the immediate placement of an employee on Administrative Leave with pay, if in the sole discretion of the City doing so would prevent the disruption of City services or potential harm to others.
It is recognized that many problems not directly associated with an employee's job can have an effect on job performance. In such situations, the City may believe that an employee may benefit from professional assistance outside the work place and may require an employee to consult with the Employee Assistance Program as part of the Corrective/Disciplinary Action process.
The following actions may be taken in an effort to achieve improved job performance or modify inappropriate work-related behavior.
Counseling: An informal discussion with an employee designed to clarify and remedy unacceptable behavior or performance. This discussion may include the clarification of standards and a review of performance or behavior that is determined to be below standard. Repeated instances may lead to a written counseling memo or electronic communication between the supervisor and employee reinforcing the verbal counseling already provided. Verbal or written counseling is documented by the immediate supervisor for future reference and is not subject to appeal.
Retraining: A documented effort to achieve appropriate performance or conduct when an employee's lack of skill or knowledge is determined to be the cause of the problem. This action is documented by the immediate supervisor for future reference and is not subject to appeal.
Oral Reprimand: A formal discussion with an employee about performance or conduct problems and City expectations and requirements. This action is documented by the immediate supervisor for future reference and is not subject to appeal.
Written Reprimand: A written document presented to an employee regarding performance or conduct problems and expectations and requirements. This document is maintained in the official personnel file and is subject to appeal only by sworn staff.
Disciplinary Suspension: An involuntary absence without pay for a period up to 30 calendar days.
Suspension may be caused by one grave offense, but it more often occurs due to an accumulation of various offenses. (Note: Disciplinary suspensions from paid status for periods of less than one week are not applicable to employees classified as exempt for the purposes of the Fair Labor Standards Act unless they are imposed for infractions of safety rules of great significance.) Disciplinary Salary Reduction: A reduction in pay from the employee's current step within the assigned salary range to any lower step within the same salary range. 21 Disciplinary Demotion: A change in status from a position in one classification to a position in a classification with a lower maximum salary.
Termination: Removal from City service. Removal may be caused by one grave offense, but it more often occurs due to an accumulation of various offenses. Termination is seldom used for a first offense unless the violation is so serious that no other response is appropriate.
Prior to the imposition of Corrective/Disciplinary action in the form of suspension, disciplinary salary reduction, demotion or termination, a written notice of the intended disciplinary action will be served on the employee. Such notice shall be served upon the employee personally or by mail and shall include a statement of the nature of the intended disciplinary action, a statement of the causes, a statement of the acts or omissions upon which the causes are based, a copy of the documents or material upon which the actions is based, a statement advising the employee of rights to respond to the notice before disciplinary action is taken, a statement advising the employee that if Corrective/Disciplinary Action is imposed, they may appeal to Civil Service Commission.
Employees wishing to respond to the notice of intended disciplinary action must make a request to the City Manager within 5 normal business days of the notice being served. The employee may respond either orally or in writing. The employee may be represented by another person in presenting his/her response. The individual representing the employee may not be someone directly involved with the employee’s immediate working environment unless this individual is an official representative of the employee group. The City Manager may amend, modify or revoke any or all of the pending charges including the recommended disciplinary action if there are mitigating circumstances.
If the employee wishes to appeal any action imposed by the City Manager, the employee may file a written notice of appeal in response to the imposed action. A written notice to appeal must be filed with the Director of Human Resources within 10 working days from the effective date of the disciplinary action. The notice of appeal shall contain statements of fact, which would support the rescission or amendment of the imposed disciplinary action. Failure to file a written notice of appeal within this specified time period shall be deemed a waiver of any right to appeal the action taken. No exceptions to this failure to file time period shall be permitted.
Article 35 - Unwritten Conditions
All other conditions of employment shall not be affected by the absence of comment in this agreement.
Article 36 - Notice of Future Meet and Confer
The Group shall serve upon the City Manager a written request to meet and confer no later than May 1, 2027, to initiate improvements or changes in wages, hours or other terms and conditions of employment for members of the Group, which would take effect on or after July 1 of 2027. Such a request shall contain all of the changes in wages, hours, and other terms and conditions of employment proposed by the Group to take effect on or after July 1st of the Fiscal Year.
Article 37 - Severability
It is understood and agreed that this Memorandum of Understanding is subject to all present and future Federal and State laws and regulations and the provisions hereof shall be effective and 22 implemented only to the extent permitted by such laws and regulations. if any part of this Memorandum of Understanding is in conflict or inconsistent with such applicable provisions of Federal or State laws or regulations, or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable provisions of Federal or State laws or regulations, or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable laws and regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and shall remain in full force and effect.
Article 38 - Term
This MOU shall be effective July 16, 2025, and shall remain in full force and effect until June 30, 2027, unless otherwise identified in this agreement.
23 SIGNATURES
MID-MANAGEMENT REPRESENTATIVES
Anna Osborn, CEA Date
Nicole Say, Mid-Management Group President Date
Ari Adams, Mid-Management Group Vice President Date
CITY REPRESENTATIVE
Arnoldo Rodriguez, City Manager Date
Exhibit A: Mid Management Salary Schedule
24 Job Title Range
Bi-Weekly Pay Rate
A B C D E F
Effective 7/12/2025
Accountant I 322 $1,975.41 $2,074.09 $2,177.50 $2,286.23 $2,400.86 $2,520.82 Accountant II 362 $2,411.50 $2,532.05 $2,658.50 $2,791.46 $2,930.91 $3,077.46 Administrative Analyst I 358 $2,363.64 $2,481.82 $2,605.91 $2,736.50 $2,873.00 $3,016.59 Administrative Analyst II 386 $2,718.18 $2,854.09 $2,996.50 $3,146.59 $3,303.77 $3,468.64 Assistant Engineer 392 $2,800.32 $2,940.37 $3,087.50 $3,241.73 $3,404.23 $3,574.41 Associate Civil Engineer 445 $3,647.68 $3,830.28 $4,021.73 $4,222.64 $4,434.18 $4,655.78 Associate Planner 368 $2,484.77 $2,608.86 $2,739.46 $2,875.96 $3,020.14 $3,170.82 Code Enforcement Supervisor 380 $2,637.82 $2,769.59 $2,907.87 $3,053.82 $3,206.28 $3,366.41 Communications Specialist 358 $2,363.64 $2,481.82 $2,605.91 $2,736.50 $2,873.00 $3,016.59 Construction Inspection Supervisor 400 $2,914.37 $3,060.32 $3,213.37 $3,374.09 $3,542.50 $3,719.77 Deputy City Engineer 495 $4,681.19 $4,915.18 $5,161.00 $5,418.64 $5,689.87 $5,974.09 Electrical and Facilities Operations Manager 421 $3,236.41 $3,398.32 $3,567.91 $3,746.37 $3,933.68 $4,130.46 Engineering Project Manager 419 $3,203.91 $3,364.64 $3,532.46 $3,709.14 $3,894.68 $4,089.68 Executive Secretary 330 $2,055.78 $2,158.59 $2,266.14 $2,379.59 $2,498.37 $2,623.64 Executive Secretary to City Administrator 330 $2,055.78 $2,158.59 $2,266.14 $2,379.59 $2,498.37 $2,623.64 Financial Services Manager 446 $3,666.00 $3,849.18 $4,041.82 $4,243.91 $4,456.05 $4,678.82 Fleet Operations Manager 404 $2,973.46 $3,121.78 $3,277.77 $3,442.05 $3,614.00 $3,794.82 Grant Administrator 446 $3,666.00 $3,849.18 $4,041.82 $4,243.91 $4,456.05 $4,678.82 Grant Analyst 358 $2,363.64 $2,481.82 $2,605.91 $2,736.50 $2,873.00 $3,016.59 Human Resources Technician 290 $1,684.09 $1,768.00 $1,856.64 $1,949.41 $2,046.91 $2,149.14 Human Resources Technician II 310 $1,860.18 $1,953.55 $2,051.05 $2,153.87 $2,261.41 $2,374.27 Network Administrator 389 $2,758.96 $2,896.64 $3,041.41 $3,193.87 $3,353.41 $3,521.23 Park Project Manager 426 $3,317.96 $3,484.00 $3,658.32 $3,840.91 $4,032.96 $4,234.46 Parks Manager 385 $2,704.59 $2,839.32 $2,981.73 $3,130.64 $3,287.23 $3,451.50 Parks Supervisor 350 $2,271.46 $2,384.91 $2,504.27 $2,628.96 $2,760.73 $2,898.41 Procurement Services Manager 358 $2,363.64 $2,481.82 $2,605.91 $2,736.50 $2,873.00 $3,016.59 ------
Exhibit A: Mid Management Salary Schedule
25 Job Title Range
Bi-Weekly Pay Rate
A B C D E F
Program Manager-Grants 366 $2,459.96 $2,582.87 $2,712.27 $2,847.59 $2,990.00 $3,139.50 Recreation/Community Programs Manager 390 $2,772.55 $2,911.41 $3,056.77 $3,209.82 $3,369.96 $3,538.96 Recreation/Community Programs Supervisor 353 $2,305.73 $2,420.96 $2,541.50 $2,668.55 $2,802.09 $2,942.14 Redevelopment Agency Secretary 342 $2,182.23 $2,291.55 $2,406.18 $2,526.14 $2,652.59 $2,785.55 Redevelopment Manager 427 $3,334.50 $3,501.14 $3,676.64 $3,860.41 $4,053.05 $4,255.73 Safety Officer 358 $2,363.64 $2,481.82 $2,605.91 $2,736.50 $2,873.00 $3,016.59 Senior Civil Engineer 475 $4,236.82 $4,448.37 $4,670.55 $4,904.55 $5,149.78 $5,406.82 Senior Planner 429 $3,368.18 $3,536.59 $3,713.28 $3,898.82 $4,093.82 $4,298.28 Solid Waste Manager 353 $2,305.73 $2,420.96 $2,541.50 $2,668.55 $2,802.09 $2,942.14 Streets & Storm Drainage Ops. Manager 385 $2,704.59 $2,839.32 $2,981.73 $3,130.64 $3,287.23 $3,451.50 Streets & Storm Drainage Supervisor 350 $2,271.46 $2,384.91 $2,504.27 $2,628.96 $2,760.73 $2,898.41 Tyler Munis Implementation Project Manager 408 $3,033.14 $3,185.00 $3,343.96 $3,511.18 $3,686.68 $3,871.05 Utility Billing Supervisor 334 $2,097.14 $2,201.73 $2,312.23 $2,427.46 $2,549.18 $2,676.23 Waste Water Treatment Plant Manager 459 $3,911.82 $4,107.41 $4,312.46 $4,528.14 $4,754.46 $4,992.59 Wastewater Collection System Supervisor 346 $2,226.55 $2,337.64 $2,454.64 $2,577.55 $2,706.36 $2,841.68 Water & Sewer Operations Manager 423 $3,268.91 $3,432.00 $3,603.96 $3,784.18 $3,973.28 $4,171.82 Water Meter & Conservation Supervisor 340 $2,160.96 $2,268.50 $2,381.96 $2,501.32 $2,626.59 $2,757.77 Water System Supervisor 385 $2,704.59 $2,839.32 $2,981.73 $3,130.64 $3,287.23 $3,451.50 Effective 6/13/2026
Accountant I 322 $2,014.92 $2,115.57 $2,221.05 $2,331.95 $2,448.88 $2,571.24 Accountant II 362 $2,459.73 $2,582.69 $2,711.67 $2,847.29 $2,989.53 $3,139.01 Administrative Analyst I 358 $2,410.91 $2,531.46 $2,658.03 $2,791.23 $2,930.46 $3,076.92 Administrative Analyst II 386 $2,772.55 $2,911.17 $3,056.43 $3,209.53 $3,369.85 $3,538.01 Assistant Engineer 392 $2,856.33 $2,999.17 $3,149.25 $3,306.56 $3,472.31 $3,645.90 Associate Civil Engineer 445 $3,720.64 $3,906.88 $4,102.16 $4,307.09 $4,522.87 $4,748.89 Associate Planner 368 $2,534.47 $2,661.04 $2,794.25 $2,933.48 $3,080.54 $3,234.24 Code Enforcement Supervisor 380 $2,690.58 $2,824.98 $2,966.02 $3,114.90 $3,270.40 $3,433.74 ------
Exhibit A: Mid Management Salary Schedule
26 Job Title Range
Bi-Weekly Pay Rate
A B C D E F
Communications Specialist 358 $2,410.91 $2,531.46 $2,658.03 $2,791.23 $2,930.46 $3,076.92 Construction Inspection Supervisor 400 $2,972.65 $3,121.53 $3,277.63 $3,441.58 $3,613.35 $3,794.17 Deputy City Engineer 495 $4,774.81 $5,013.49 $5,264.22 $5,527.01 $5,803.66 $6,093.58 Electrical and Facilities Operations Manager 421 $3,301.14 $3,466.29 $3,639.27 $3,821.29 $4,012.36 $4,213.07 Engineering Project Manager 419 $3,267.99 $3,431.93 $3,603.11 $3,783.32 $3,972.58 $4,171.48 Executive Secretary 330 $2,096.89 $2,201.76 $2,311.46 $2,427.18 $2,548.33 $2,676.11 Executive Secretary to City Administrator 330 $2,096.89 $2,201.76 $2,311.46 $2,427.18 $2,548.33 $2,676.11 Financial Services Manager 446 $3,739.32 $3,926.17 $4,122.66 $4,328.79 $4,545.17 $4,772.40 Fleet Operations Manager 404 $3,032.93 $3,184.21 $3,343.33 $3,510.89 $3,686.28 $3,870.72 Grant Administrator 446 $3,739.32 $3,926.17 $4,122.66 $4,328.79 $4,545.17 $4,772.40 Grant Analyst 358 $2,410.91 $2,531.46 $2,658.03 $2,791.23 $2,930.46 $3,076.92 Human Resources Technician 290 $1,717.77 $1,803.36 $1,893.77 $1,988.40 $2,087.85 $2,192.12 Human Resources Technician II 310 $1,897.39 $1,992.62 $2,092.07 $2,196.94 $2,306.64 $2,421.76 Network Administrator 389 $2,814.14 $2,954.57 $3,102.24 $3,257.74 $3,420.48 $3,591.65 Park Project Manager 426 $3,384.32 $3,553.68 $3,731.49 $3,917.73 $4,113.62 $4,319.15 Parks Manager 385 $2,758.68 $2,896.11 $3,041.36 $3,193.25 $3,352.97 $3,520.53 Parks Supervisor 350 $2,316.88 $2,432.61 $2,554.36 $2,681.54 $2,815.94 $2,956.38 Procurement Services Manager 358 $2,410.91 $2,531.46 $2,658.03 $2,791.23 $2,930.46 $3,076.92 Program Manager-Grants 366 $2,509.16 $2,634.52 $2,766.52 $2,904.54 $3,049.80 $3,202.29 Recreation/Community Programs Manager 390 $2,828.00 $2,969.64 $3,117.91 $3,274.02 $3,437.36 $3,609.74 Recreation/Community Programs Supervisor 353 $2,351.84 $2,469.38 $2,592.33 $2,721.92 $2,858.13 $3,000.98 Redevelopment Agency Secretary 342 $2,225.87 $2,337.38 $2,454.31 $2,576.66 $2,705.64 $2,841.26 Redevelopment Manager 427 $3,401.19 $3,571.16 $3,750.17 $3,937.62 $4,134.11 $4,340.84 Safety Officer 358 $2,410.91 $2,531.46 $2,658.03 $2,791.23 $2,930.46 $3,076.92 Senior Civil Engineer 475 $4,321.56 $4,537.33 $4,763.96 $5,002.64 $5,252.77 $5,514.96 Senior Planner 429 $3,435.55 $3,607.32 $3,787.54 $3,976.80 $4,175.70 $4,384.24 Solid Waste Manager 353 $2,351.84 $2,469.38 $2,592.33 $2,721.92 $2,858.13 $3,000.98 ------
Exhibit A: Mid Management Salary Schedule
27 Job Title Range
Bi-Weekly Pay Rate
A B C D E F
Streets & Storm Drainage Ops. Manager 385 $2,758.68 $2,896.11 $3,041.36 $3,193.25 $3,352.97 $3,520.53 Streets & Storm Drainage Supervisor 350 $2,316.88 $2,432.61 $2,554.36 $2,681.54 $2,815.94 $2,956.38 Tyler Munis Implementation Project Manager 408 $3,093.80 $3,248.70 $3,410.84 $3,581.41 $3,760.42 $3,948.47 Utility Billing Supervisor 334 $2,139.08 $2,245.76 $2,358.47 $2,476.00 $2,600.17 $2,729.75 Waste Water Treatment Plant Manager 459 $3,990.06 $4,189.56 $4,398.71 $4,618.70 $4,849.55 $5,092.45 Wastewater Collection System Supervisor 346 $2,271.08 $2,384.39 $2,503.73 $2,629.10 $2,760.49 $2,898.52 Water & Sewer Operations Manager 423 $3,334.29 $3,500.64 $3,676.04 $3,859.87 $4,052.74 $4,255.26 Water Meter & Conservation Supervisor 340 $2,204.17 $2,313.87 $2,429.59 $2,551.35 $2,679.12 $2,812.93 Water System Supervisor 385 $2,758.68 $2,896.11 $3,041.36 $3,193.25 $3,352.97 $3,520.53 ------
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: July 16, 2025
_________________________________ Agenda Number: ___________ Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Adoption of updated City of Madera Full Time Salary Schedules RECOMMENDATION:
Adopt a resolution approving revised City of Madera Full Time Salary Schedules effective June 28, 2025, and July 12, 2025
SUMMARY:
The City is required by Government Code Sections 36506 and 37206 and the California Code of Regulations, title 2, §570.5 to publicly adopt its pay schedule. While the City publicly adopts individual actions such as agreements with labor units or classification plan amendments, the City also publicly adopts a consolidated schedule for all full time positions that is posted to the City’s website. The requested action includes adoption of the City of Madera Full Time Salary Schedule for the following effective dates and reasons:
1. Effective June 28, 2025, reflecting a 3% Cost-of-Living Adjustment (COLA) for positions represented by the Madera Police Officers’ Association (MPOA), Law Enforcement Mid Management (LEMM), and unrepresented department head positions; and
2. Effective July 12, 2025, reflecting a 3% Cost-of-Living Adjustment (COLA) for positions represented by Mid Management (MM).
DISCUSSION:
California Government Code §36506 and §37206 and California Code of Regulations, title 2, §570.5 require the City to publicly adopt its pay schedule. While the schedules are provided in individual MOUs or resolutions, the City typically adopts a consolidated schedule for all full time positions that is published on the City’s website and provided to the California Public Employees’ Retirement System (CalPERS) to ensure compliance with the above-noted code sections. As such, B-8
staff has prepared two updates to the adopted City of Madera Full Time Salary Schedule as detailed below.
Full Time Salary Schedule effective June 28, 2025
The City Council approved successor Memorandums of Understanding (MOUs) with MPOA and LEMM that included 3% COLAs effective the pay period beginning June 28, 2025. Additionally, Council approved updated Standard Terms and Conditions for employment agreements with unrepresented department head positions that also include a 3% COLA effective June 28, 2025.
Exhibit A to the resolution contemplated with this report reflects this COLA adjustment for the identified groups. There are no changes reflected on this iteration of the adopted salary schedule for the General Bargaining Unit (GBU) or Council’s direct reports.
Full Time Salary Schedule effective July 12, 2025
The City Council is considering a successor MOU with MM on the July 16, 2025, agenda. If approved, the MOU includes a 3% COLA effective the pay period beginning July 12, 2025. This is the only change reflected on this iteration of the adopted salary schedule, found in Exhibit B to the resolution contemplated with this report.
FINANCIAL IMPACT:
The requested action is to adopt a consolidated public pay schedule; no new pay adjustments or increases are being requested besides those authorized by separate Council action. All negotiated pay increases were included when calculating salary and benefit projections in the adopted operating budget.
ALTERNATIVES:
Council may direct staff to modify the City’s full time or part time salary schedules.
ATTACHMENTS:
1. Resolution adopting City of Madera Full Time Salary Schedules a. Exhibit A: City of Madera Full Time Salary Schedule effective June 28, 2025 b. Exhibit B: City of Madera Full Time Salary Schedule effective July 12, 2025 Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA ADOPTING THE CITY OF MADERA FULL TIME SALARY SCHEDULES EFFECTIVE JUNE 28, 2025, AND JULY 12, 2025
WHEREAS, the City of Madera (City) has negotiated and adopted Memorandums of Understanding with the Madera Police Officers’ Association and Law Enforcement Mid Management groups that include 3% cost-of-living adjustment effective June 28, 2025; and
WHEREAS, the City has adopted revised Standard Terms and Conditions for unrepresented department heads that include a 3% cost-of-living adjustment effective June 28, 2025; and
WHEREAS, the City of Madera (City) has negotiated and adopted a Memorandum of Understanding with the Mid Management group that includes 3% cost-of-living adjustment effective July 12, 2025; and
WHEREAS, the City has prepared consolidated Full Time Salary Schedules that capture these changes to comply with California Government Code §36506 and §37206 and California Code of Regulations, title 2, §570.5, to be published on its website.
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. Effective June 28, 2025, the City of Madera Full Time Salary Schedule attached as Exhibit A and incorporated herein is approved.
3. Effective July 12, 2025, the City of Madera Full Time Salary Schedule attached as Exhibit B and incorporated herein is approved.
4. This resolution is effective immediately upon adoption. **************
Exhibit A
City of Madera Full Time Salary Schedule effective June 28, 2025 City of Madera Full Time Salary Sechedule
Effective 6/28/2025
A B C D E F
City Clerk EXE 419 $2,931.18 $3,078.23 $3,231.76 $3,393.40 $3,563.15 $3,741.55 City Manager EXE 587 $6,640.58 $6,972.76 $7,321.38 $7,687.47 $8,071.58 $8,475.29 Accountant (Junior) GBU 282 $1,570.79 $1,649.38 $1,732.00 $1,818.62 $1,909.27 $2,005.08 Accounting Technician I GBU 263 $1,429.08 $1,500.22 $1,575.38 $1,653.97 $1,736.59 $1,823.79 Accounting Technician II GBU 283 $1,578.82 $1,657.42 $1,740.60 $1,827.80 $1,919.02 $2,014.83 Accounting Technician III GBU 300 $1,718.23 $1,804.28 $1,894.35 $1,989.01 $2,088.84 $2,193.25 Administrative Assistant GBU 303 $1,744.04 $1,831.25 $1,923.04 $2,019.42 $2,120.39 $2,225.95 Animal Control Officer GBU 290 $1,635.04 $1,716.51 $1,802.56 $1,892.63 $1,987.29 $2,086.54 Assistant Planner GBU 352 $2,227.10 $2,338.39 $2,455.43 $2,578.20 $2,707.28 $2,842.68 Building Permit Technician GBU 288 $1,618.40 $1,699.29 $1,784.20 $1,873.70 $1,967.21 $2,065.89 Code Enforcement Officer I GBU 310 $1,806.00 $1,896.65 $1,991.31 $2,091.13 $2,195.54 $2,305.12 Code Enforcement Officer II GBU 330 $1,995.90 $2,095.72 $2,200.13 $2,310.28 $2,425.60 $2,547.22 Code Enforcement Officer III GBU 350 $2,205.30 $2,315.45 $2,431.33 $2,552.38 $2,680.32 $2,813.99 Combination Building Inspector GBU 348 $2,182.92 $2,292.50 $2,406.67 $2,527.14 $2,653.93 $2,786.45 Computer Technician I GBU 344 $2,139.90 $2,247.18 $2,359.62 $2,477.23 $2,601.15 $2,731.38 Computer Technician II GBU 375 $2,497.88 $2,622.95 $2,753.75 $2,891.44 $3,036.01 $3,188.04 Construction Inspector I GBU 322 $1,917.87 $2,013.68 $2,114.08 $2,219.64 $2,330.94 $2,447.40 Construction Inspector II GBU 342 $2,118.67 $2,224.80 $2,336.10 $2,452.56 $2,575.33 $2,704.42 Deputy City Clerk GBU 311 $1,815.18 $1,905.83 $2,001.06 $2,101.46 $2,206.44 $2,316.59 Electrician II GBU 361 $2,329.22 $2,445.68 $2,568.45 $2,696.38 $2,831.20 $2,972.91 Electrician III GBU 381 $2,573.61 $2,702.69 $2,846.12 $2,979.22 $3,128.38 $3,285.00 Engineering Technician I GBU 302 $1,735.44 $1,822.64 $1,913.28 $2,009.09 $2,109.49 $2,215.05 Engineering Technician II GBU 322 $1,917.87 $2,013.68 $2,114.08 $2,219.64 $2,330.94 $2,447.40 Engineering Technician III GBU 350 $2,205.30 $2,315.45 $2,431.33 $2,552.38 $2,680.32 $2,813.99 Facilities Maintenance Technician GBU 289 $1,626.44 $1,707.90 $1,793.38 $1,882.88 $1,976.97 $2,076.22 Grants Specialist GBU 299 $1,709.62 $1,795.10 $1,885.17 $1,979.26 $2,078.51 $2,182.35 Industrial Electrical Technician GBU 381 $2,573.61 $2,702.69 $2,846.12 $2,979.22 $3,128.38 $3,285.00 Lead Electrician GBU 401 $2,843.82 $2,986.10 $3,135.26 $3,291.88 $3,456.53 $3,629.22 Maintenance Technician GBU 308 $1,788.22 $1,877.72 $1,971.80 $2,070.48 $2,173.74 $2,282.17 Mechanic I GBU 286 $1,602.34 $1,682.66 $1,766.99 $1,855.34 $1,947.71 $2,045.24 Mechanic II GBU 301 $1,726.83 $1,813.46 $1,904.11 $1,999.34 $2,099.16 $2,204.15 Job Title B/U Range
Bi-Weekly Pay Rate
Adopted 7/16/2025 Page 1 of 4
City of Madera Full Time Salary Sechedule
Effective 6/28/2025
Job Title B/U Range A B C D E F
Bi-Weekly Pay Rate
Mechanic III GBU 321 $1,908.12 $2,003.35 $2,103.75 $2,208.74 $2,319.46 $2,435.35 Neighborhood Outreach Assistant GBU 276 $1,524.32 $1,600.62 $1,680.94 $1,764.70 $1,853.05 $1,945.99 Neighborhood Outreach Coordinator GBU 306 $1,770.43 $1,859.36 $1,952.30 $2,049.83 $2,151.94 $2,259.80 Office Assistant I GBU 263 $1,429.08 $1,500.22 $1,575.38 $1,653.97 $1,736.59 $1,823.79 Office Assistant II GBU 283 $1,578.82 $1,657.42 $1,740.60 $1,827.80 $1,919.02 $2,014.83 Parks Leadworker GBU 323 $1,927.05 $2,023.43 $2,124.98 $2,231.11 $2,342.41 $2,459.45 Parks Worker I GBU 263 $1,429.08 $1,500.22 $1,575.38 $1,653.97 $1,736.59 $1,823.79 Parks Worker II GBU 283 $1,578.82 $1,657.42 $1,740.60 $1,827.80 $1,919.02 $2,014.83 Parks Worker III GBU 303 $1,744.04 $1,831.25 $1,923.04 $2,019.42 $2,120.39 $2,225.95 Payroll Specialist GBU 316 $1,861.08 $1,954.02 $2,052.12 $2,154.24 $2,262.09 $2,375.11 Plans Examiner GBU 360 $2,317.74 $2,433.63 $2,555.25 $2,683.19 $2,817.43 $2,957.99 Public Works Equipment Operator GBU 303 $1,744.04 $1,831.25 $1,923.04 $2,019.42 $2,120.39 $2,225.95 Public Works Maintenance Lead Worker GBU 323 $1,927.05 $2,023.43 $2,124.98 $2,231.11 $2,342.41 $2,459.45 Public Works Maintenance Worker I GBU 263 $1,429.08 $1,500.22 $1,575.38 $1,653.97 $1,736.59 $1,823.79 Public Works Maintenance Worker II GBU 283 $1,578.82 $1,657.42 $1,740.60 $1,827.80 $1,919.02 $2,014.83 Purchasing Assistant GBU 280 $1,555.30 $1,632.75 $1,714.78 $1,800.27 $1,890.34 $1,985.00 Recreation/Community Programs Coordinator GBU 313 $1,833.54 $1,925.33 $2,021.14 $2,122.68 $2,228.82 $2,340.12 Solid Waste/Recycling Assistant GBU 283 $1,578.82 $1,657.42 $1,740.60 $1,827.80 $1,919.02 $2,014.83 Solid Waste/Recycling Coordinator GBU 313 $1,833.54 $1,925.33 $2,021.14 $2,122.68 $2,228.82 $2,340.12 Water Conservation Customer Service Representative GBU 263 $1,429.08 $1,500.22 $1,575.38 $1,653.97 $1,736.59 $1,823.79 Water Conservation Specialist GBU 283 $1,578.82 $1,657.42 $1,740.60 $1,827.80 $1,919.02 $2,014.83 Water Quality Specialist I GBU 320 $1,898.37 $1,993.60 $2,093.43 $2,197.84 $2,307.99 $2,423.30 Water Quality Specialist II GBU 340 $2,098.02 $2,202.43 $2,312.58 $2,428.47 $2,550.09 $2,677.45 Water Quality Specialist In Training GBU 293 $1,659.14 $1,742.32 $1,829.52 $1,920.74 $2,017.12 $2,118.09 Water System Lead Worker GBU 365 $2,376.26 $2,495.01 $2,620.08 $2,750.88 $2,888.57 $3,033.14 Water System Technician GBU 350 $2,205.30 $2,315.45 $2,431.33 $2,552.38 $2,680.32 $2,813.99 Water System Worker I GBU 293 $1,659.14 $1,742.32 $1,829.52 $1,920.74 $2,017.12 $2,118.09 Water System Worker II GBU 320 $1,898.37 $1,993.60 $2,093.43 $2,197.84 $2,307.99 $2,423.30 Water System Worker III GBU 340 $2,098.02 $2,202.43 $2,312.58 $2,428.47 $2,550.09 $2,677.45 WW Lab Analyst/Environmental Compliance Inspector I GBU 345 $2,150.80 $2,258.08 $2,371.10 $2,489.85 $2,614.34 $2,745.15 WW Lab Analyst/Environmental Compliance Inspector II GBU 365 $2,376.26 $2,495.01 $2,620.08 $2,750.88 $2,888.57 $3,033.14 Adopted 7/16/2025 Page 2 of 4
City of Madera Full Time Salary Sechedule
Effective 6/28/2025
Job Title B/U Range A B C D E F
Bi-Weekly Pay Rate
WWTP Lead Operator GBU 383 $2,599.43 $2,729.66 $2,866.20 $3,009.05 $3,159.93 $3,317.70 WWTP Mechanic GBU 375 $2,497.88 $2,622.95 $2,753.75 $2,891.44 $3,036.01 $3,188.04 WWTP Operator I GBU 322 $1,917.87 $2,013.68 $2,114.08 $2,219.64 $2,330.94 $2,447.40 WWTP Operator II GBU 344 $2,139.90 $2,247.18 $2,359.62 $2,477.23 $2,601.15 $2,731.38 WWTP Operator III GBU 364 $2,364.79 $2,482.97 $2,606.89 $2,737.12 $2,874.23 $3,017.65 WWTP Operator In Training GBU 301 $1,726.83 $1,813.46 $1,904.11 $1,999.34 $2,099.16 $2,204.15 Executive Secretary to the Chief of Police LEMM 330 $2,055.78 $2,158.59 $2,266.14 $2,379.59 $2,498.37 $2,623.64 Police Auxiliary Services Supervisor LEMM 350 $2,271.46 $2,384.91 $2,504.27 $2,628.96 $2,760.73 $2,898.41 Police Commander LEMM 504 $4,895.68 $5,140.91 $5,397.96 $5,667.41 $5,951.05 $6,248.28 Police Lieutenant LEMM 487 $4,498.00 $4,722.55 $4,958.91 $5,207.09 $5,467.09 $5,740.69 Police Office Supervisor LEMM 350 $2,271.46 $2,384.91 $2,504.27 $2,628.96 $2,760.73 $2,898.41 Chief Building Official M 464 $3,931.87 $4,128.26 $4,334.49 $4,551.74 $4,778.84 $5,018.10 City Engineer M 525 $5,329.77 $5,596.26 $5,876.07 $6,169.79 $6,478.57 $6,802.41 Communications Manager M 456 $3,777.77 $3,966.62 $4,165.33 $4,373.31 $4,592.29 $4,821.71 Director of Community Development M 535 $5,602.63 $5,882.45 $6,176.74 $6,485.52 $6,809.94 $7,150.58 Director of Financial Services M 525 $5,329.77 $5,596.26 $5,876.07 $6,169.79 $6,478.57 $6,802.41 Director of Human Resources M 513 $5,020.41 $5,271.26 $5,534.85 $5,811.77 $6,102.01 $6,407.31 Director of Information Technology M 500 $4,705.26 $4,940.47 $5,187.26 $5,446.79 $5,719.08 $6,005.26 Director of Parks & Community Services M 509 $4,921.35 $5,166.98 $5,425.36 $5,696.48 $5,981.51 $6,280.44 Planning Manager M 500 $4,705.26 $4,940.47 $5,187.26 $5,446.79 $5,719.08 $6,005.26 Police Chief M 554 $6,159.36 $6,467.56 $6,790.82 $7,130.31 $7,486.59 $7,860.83 Public Works Operations Director M 508 $4,896.44 $5,141.49 $5,398.71 $5,668.68 $5,951.96 $6,249.16 Crime Analysis Technician MPOA 306 $1,823.55 $1,915.14 $2,010.86 $2,111.32 $2,216.50 $2,327.59 Police Corporal MPOA 383 $2,677.41 $2,811.55 $2,952.18 $3,099.32 $3,254.73 $3,417.23 Police Officer I MPOA 363 $2,423.32 $2,544.46 $2,671.50 $2,805.05 $2,945.68 $3,092.82 Police Officer II MPOA 373 $2,547.41 $2,674.46 $2,808.59 $2,948.64 $3,096.37 $3,251.18 Police Officer Trainee MPOA 333 $2,086.50 $2,191.09 $2,300.41 $2,415.64 $2,536.18 $2,663.23 Police Sergeant MPOA 426 $3,317.96 $3,484.00 $3,658.32 $3,840.91 $4,032.96 $4,234.46 Property & Evidence Officer MPOA 296 $1,734.91 $1,821.77 $1,912.77 $2,008.50 $2,108.96 $2,214.14 Public Safety Dispatcher MPOA 294 $1,717.77 $1,803.46 $1,893.86 $1,988.41 $2,087.68 $2,192.27 Records Clerk MPOA 270 $1,523.96 $1,600.18 $1,679.95 $1,764.46 $1,852.50 $1,945.27 Adopted 7/16/2025 Page 3 of 4
City of Madera Full Time Salary Sechedule
Effective 6/28/2025
A B C D E F F + 2.5% F + 5% F + 7.5% F + 10%
Accountant I MM 322 $1,917.87 $2,013.68 $2,114.08 $2,219.64 $2,330.94 $2,447.40 $2,508.58 $2,569.77 $2,630.95 $2,692.14 Accountant II MM 362 $2,341.26 $2,458.30 $2,581.07 $2,710.15 $2,845.55 $2,987.82 $3,062.52 $3,137.21 $3,211.91 $3,286.60 Administrative Analyst I MM 358 $2,294.79 $2,409.53 $2,530.01 $2,656.80 $2,789.32 $2,928.73 $3,001.95 $3,075.17 $3,148.39 $3,221.60 Administrative Analyst II MM 386 $2,639.01 $2,770.96 $2,909.23 $3,054.95 $3,207.55 $3,367.61 $3,451.80 $3,535.99 $3,620.18 $3,704.37 Assistant Engineer MM 392 $2,718.76 $2,854.72 $2,997.57 $3,147.31 $3,305.08 $3,470.30 $3,557.06 $3,643.82 $3,730.57 $3,817.33 Associate Civil Engineer MM 445 $3,541.44 $3,718.71 $3,904.59 $4,099.65 $4,305.03 $4,520.17 $4,633.18 $4,746.18 $4,859.18 $4,972.19 Associate Planner MM 368 $2,412.40 $2,532.88 $2,659.67 $2,792.19 $2,932.17 $3,078.47 $3,155.43 $3,232.39 $3,309.35 $3,386.31 Code Enforcement Supervisor MM 380 $2,560.99 $2,688.93 $2,823.17 $2,964.87 $3,112.89 $3,268.36 $3,350.07 $3,431.78 $3,513.49 $3,595.20 Communications Specialist MM 358 $2,294.79 $2,409.53 $2,530.01 $2,656.80 $2,789.32 $2,928.73 $3,001.95 $3,075.17 $3,148.39 $3,221.60 Construction Inspection Supervisor MM 400 $2,829.48 $2,971.18 $3,119.77 $3,275.82 $3,439.32 $3,611.43 $3,701.72 $3,792.00 $3,882.29 $3,972.58 Deputy City Engineer MM 495 $4,544.84 $4,772.02 $5,010.68 $5,260.82 $5,524.14 $5,800.09 $5,945.09 $6,090.10 $6,235.10 $6,380.10 Electrical and Facilities Operations Manager MM 421 $3,142.15 $3,299.34 $3,463.99 $3,637.25 $3,819.11 $4,010.15 $4,110.41 $4,210.66 $4,310.91 $4,411.17 Engineering Project Manager MM 419 $3,110.59 $3,266.64 $3,429.57 $3,601.11 $3,781.25 $3,970.57 $4,069.83 $4,169.10 $4,268.36 $4,367.62 Executive Secretary MM 330 $1,995.90 $2,095.72 $2,200.13 $2,310.28 $2,425.60 $2,547.22 $2,610.90 $2,674.58 $2,738.26 $2,801.94 Executive Secretary to City Administrator MM 330 $1,995.90 $2,095.72 $2,200.13 $2,310.28 $2,425.60 $2,547.22 $2,610.90 $2,674.58 $2,738.26 $2,801.94 Financial Services Manager MM 446 $3,559.23 $3,737.07 $3,924.10 $4,120.30 $4,326.26 $4,542.54 $4,656.11 $4,769.67 $4,883.24 $4,996.80 Fleet Operations Manager MM 404 $2,886.85 $3,030.85 $3,182.31 $3,341.79 $3,508.74 $3,684.29 $3,776.40 $3,868.51 $3,960.61 $4,052.72 Grant Administrator MM 446 $3,559.23 $3,737.07 $3,924.10 $4,120.30 $4,326.26 $4,542.54 $4,656.11 $4,769.67 $4,883.24 $4,996.80 Grant Analyst MM 358 $2,294.79 $2,409.53 $2,530.01 $2,656.80 $2,789.32 $2,928.73 $3,001.95 $3,075.17 $3,148.39 $3,221.60 Human Resources Technician MM 290 $1,635.04 $1,716.51 $1,802.56 $1,892.63 $1,987.29 $2,086.54 $2,138.71 $2,190.87 $2,243.03 $2,295.20 Human Resources Technician II MM 310 $1,806.00 $1,896.65 $1,991.31 $2,091.13 $2,195.54 $2,305.12 $2,362.75 $2,420.38 $2,478.01 $2,535.63 Network Administrator MM 389 $2,678.60 $2,812.27 $2,952.83 $3,100.84 $3,255.74 $3,418.67 $3,504.14 $3,589.60 $3,675.07 $3,760.54 Park Project Manager MM 426 $3,221.32 $3,382.53 $3,551.77 $3,729.04 $3,915.49 $4,111.12 $4,213.90 $4,316.68 $4,419.46 $4,522.24 Parks Manager MM 385 $2,625.82 $2,756.62 $2,894.88 $3,039.45 $3,191.49 $3,350.97 $3,434.75 $3,518.52 $3,602.30 $3,686.07 Parks Supervisor MM 350 $2,205.30 $2,315.45 $2,431.33 $2,552.38 $2,680.32 $2,813.99 $2,884.34 $2,954.69 $3,025.04 $3,095.39 Procurement Services Manager MM 358 $2,294.79 $2,409.53 $2,530.01 $2,656.80 $2,789.32 $2,928.73 $3,001.95 $3,075.17 $3,148.39 $3,221.60 Program Manager-Grants MM 366 $2,388.31 $2,507.64 $2,633.28 $2,764.65 $2,902.91 $3,048.06 $3,124.26 $3,200.46 $3,276.66 $3,352.87 Recreation/Community Programs Manager MM 390 $2,691.79 $2,826.61 $2,967.74 $3,116.33 $3,271.80 $3,435.88 $3,521.78 $3,607.67 $3,693.57 $3,779.47 Recreation/Community Programs Supervisor MM 353 $2,238.57 $2,350.44 $2,467.48 $2,590.82 $2,720.48 $2,856.44 $2,927.86 $2,999.27 $3,070.68 $3,142.09 Redevelopment Agency Secretary MM 342 $2,118.67 $2,224.80 $2,336.10 $2,452.56 $2,575.33 $2,704.42 $2,772.03 $2,839.64 $2,907.25 $2,974.86 Redevelopment Manager MM 427 $3,237.38 $3,399.16 $3,569.55 $3,747.97 $3,935.00 $4,131.78 $4,235.07 $4,338.36 $4,441.66 $4,544.95 Safety Officer MM 358 $2,294.79 $2,409.53 $2,530.01 $2,656.80 $2,789.32 $2,928.73 $3,001.95 $3,075.17 $3,148.39 $3,221.60 Senior Civil Engineer MM 475 $4,113.42 $4,318.80 $4,534.51 $4,761.70 $4,999.78 $5,249.34 $5,380.58 $5,511.81 $5,643.04 $5,774.28 Senior Planner MM 429 $3,270.08 $3,433.59 $3,605.12 $3,785.26 $3,974.58 $4,173.08 $4,277.41 $4,381.74 $4,486.06 $4,590.39 Solid Waste Manager MM 353 $2,238.57 $2,350.44 $2,467.48 $2,590.82 $2,720.48 $2,856.44 $2,927.86 $2,999.27 $3,070.68 $3,142.09 Streets & Storm Drainage Ops. Manager MM 385 $2,625.82 $2,756.62 $2,894.88 $3,039.45 $3,191.49 $3,350.97 $3,434.75 $3,518.52 $3,602.30 $3,686.07 Streets & Storm Drainage Supervisor MM 350 $2,205.30 $2,315.45 $2,431.33 $2,552.38 $2,680.32 $2,813.99 $2,884.34 $2,954.69 $3,025.04 $3,095.39 Tyler Munis Implementation Project Manager MM 408 $2,944.79 $3,092.23 $3,246.56 $3,408.92 $3,579.31 $3,758.30 $3,852.26 $3,946.21 $4,040.17 $4,134.13 Utility Billing Supervisor MM 334 $2,036.06 $2,137.60 $2,244.88 $2,356.75 $2,474.94 $2,598.28 $2,663.24 $2,728.19 $2,793.15 $2,858.11 Waste Water Treatment Plant Manager MM 459 $3,797.88 $3,987.78 $4,186.85 $4,396.25 $4,615.98 $4,847.18 $4,968.36 $5,089.54 $5,210.72 $5,331.90 Wastewater Collection System Supervisor MM 346 $2,161.70 $2,269.55 $2,383.14 $2,502.47 $2,627.54 $2,758.92 $2,827.89 $2,896.86 $2,965.84 $3,034.81 Water & Sewer Operations Manager MM 423 $3,173.70 $3,332.04 $3,498.99 $3,673.97 $3,857.55 $4,050.31 $4,151.57 $4,252.83 $4,354.08 $4,455.34 Water Meter & Conservation Supervisor MM 340 $2,098.02 $2,202.43 $2,312.58 $2,428.47 $2,550.09 $2,677.45 $2,744.39 $2,811.32 $2,878.26 $2,945.20 Water System Supervisor MM 385 $2,625.82 $2,756.62 $2,894.88 $3,039.45 $3,191.49 $3,350.97 $3,434.75 $3,518.52 $3,602.30 $3,686.07 Job Title B/U Range
Bi-Weekly Pay Rate
Adopted 7/16/2025 Page 4 of 4
Exhibit B
City of Madera Full Time Salary Schedule effective July 12, 2025 City of Madera Full Time Salary Schedule
Effective 7/12/2025
A B C D E F
City Clerk EXE 419 $2,931.18 $3,078.23 $3,231.76 $3,393.40 $3,563.15 $3,741.55 City Manager EXE 587 $6,640.58 $6,972.76 $7,321.38 $7,687.47 $8,071.58 $8,475.29 Accountant (Junior) GBU 282 $1,570.79 $1,649.38 $1,732.00 $1,818.62 $1,909.27 $2,005.08 Accounting Technician I GBU 263 $1,429.08 $1,500.22 $1,575.38 $1,653.97 $1,736.59 $1,823.79 Accounting Technician II GBU 283 $1,578.82 $1,657.42 $1,740.60 $1,827.80 $1,919.02 $2,014.83 Accounting Technician III GBU 300 $1,718.23 $1,804.28 $1,894.35 $1,989.01 $2,088.84 $2,193.25 Administrative Assistant GBU 303 $1,744.04 $1,831.25 $1,923.04 $2,019.42 $2,120.39 $2,225.95 Animal Control Officer GBU 290 $1,635.04 $1,716.51 $1,802.56 $1,892.63 $1,987.29 $2,086.54 Assistant Planner GBU 352 $2,227.10 $2,338.39 $2,455.43 $2,578.20 $2,707.28 $2,842.68 Building Permit Technician GBU 288 $1,618.40 $1,699.29 $1,784.20 $1,873.70 $1,967.21 $2,065.89 Code Enforcement Officer I GBU 310 $1,806.00 $1,896.65 $1,991.31 $2,091.13 $2,195.54 $2,305.12 Code Enforcement Officer II GBU 330 $1,995.90 $2,095.72 $2,200.13 $2,310.28 $2,425.60 $2,547.22 Code Enforcement Officer III GBU 350 $2,205.30 $2,315.45 $2,431.33 $2,552.38 $2,680.32 $2,813.99 Combination Building Inspector GBU 348 $2,182.92 $2,292.50 $2,406.67 $2,527.14 $2,653.93 $2,786.45 Computer Technician I GBU 344 $2,139.90 $2,247.18 $2,359.62 $2,477.23 $2,601.15 $2,731.38 Computer Technician II GBU 375 $2,497.88 $2,622.95 $2,753.75 $2,891.44 $3,036.01 $3,188.04 Construction Inspector I GBU 322 $1,917.87 $2,013.68 $2,114.08 $2,219.64 $2,330.94 $2,447.40 Construction Inspector II GBU 342 $2,118.67 $2,224.80 $2,336.10 $2,452.56 $2,575.33 $2,704.42 Deputy City Clerk GBU 311 $1,815.18 $1,905.83 $2,001.06 $2,101.46 $2,206.44 $2,316.59 Electrician II GBU 361 $2,329.22 $2,445.68 $2,568.45 $2,696.38 $2,831.20 $2,972.91 Electrician III GBU 381 $2,573.61 $2,702.69 $2,846.12 $2,979.22 $3,128.38 $3,285.00 Engineering Technician I GBU 302 $1,735.44 $1,822.64 $1,913.28 $2,009.09 $2,109.49 $2,215.05 Engineering Technician II GBU 322 $1,917.87 $2,013.68 $2,114.08 $2,219.64 $2,330.94 $2,447.40 Engineering Technician III GBU 350 $2,205.30 $2,315.45 $2,431.33 $2,552.38 $2,680.32 $2,813.99 Facilities Maintenance Technician GBU 289 $1,626.44 $1,707.90 $1,793.38 $1,882.88 $1,976.97 $2,076.22 Grants Specialist GBU 299 $1,709.62 $1,795.10 $1,885.17 $1,979.26 $2,078.51 $2,182.35 Industrial Electrical Technician GBU 381 $2,573.61 $2,702.69 $2,846.12 $2,979.22 $3,128.38 $3,285.00 Lead Electrician GBU 401 $2,843.82 $2,986.10 $3,135.26 $3,291.88 $3,456.53 $3,629.22 Maintenance Technician GBU 308 $1,788.22 $1,877.72 $1,971.80 $2,070.48 $2,173.74 $2,282.17 Mechanic I GBU 286 $1,602.34 $1,682.66 $1,766.99 $1,855.34 $1,947.71 $2,045.24 Mechanic II GBU 301 $1,726.83 $1,813.46 $1,904.11 $1,999.34 $2,099.16 $2,204.15 Job Title B/U Range
Bi-Weekly Pay Rate
Adopted 7/16/25 Page 1 of 5
City of Madera Full Time Salary Schedule
Effective 7/12/2025
Job Title B/U Range A B C D E F
Bi-Weekly Pay Rate
Mechanic III GBU 321 $1,908.12 $2,003.35 $2,103.75 $2,208.74 $2,319.46 $2,435.35 Neighborhood Outreach Assistant GBU 276 $1,524.32 $1,600.62 $1,680.94 $1,764.70 $1,853.05 $1,945.99 Neighborhood Outreach Coordinator GBU 306 $1,770.43 $1,859.36 $1,952.30 $2,049.83 $2,151.94 $2,259.80 Office Assistant I GBU 263 $1,429.08 $1,500.22 $1,575.38 $1,653.97 $1,736.59 $1,823.79 Office Assistant II GBU 283 $1,578.82 $1,657.42 $1,740.60 $1,827.80 $1,919.02 $2,014.83 Parks Leadworker GBU 323 $1,927.05 $2,023.43 $2,124.98 $2,231.11 $2,342.41 $2,459.45 Parks Worker I GBU 263 $1,429.08 $1,500.22 $1,575.38 $1,653.97 $1,736.59 $1,823.79 Parks Worker II GBU 283 $1,578.82 $1,657.42 $1,740.60 $1,827.80 $1,919.02 $2,014.83 Parks Worker III GBU 303 $1,744.04 $1,831.25 $1,923.04 $2,019.42 $2,120.39 $2,225.95 Payroll Specialist GBU 316 $1,861.08 $1,954.02 $2,052.12 $2,154.24 $2,262.09 $2,375.11 Plans Examiner GBU 360 $2,317.74 $2,433.63 $2,555.25 $2,683.19 $2,817.43 $2,957.99 Public Works Equipment Operator GBU 303 $1,744.04 $1,831.25 $1,923.04 $2,019.42 $2,120.39 $2,225.95 Public Works Maintenance Lead Worker GBU 323 $1,927.05 $2,023.43 $2,124.98 $2,231.11 $2,342.41 $2,459.45 Public Works Maintenance Worker I GBU 263 $1,429.08 $1,500.22 $1,575.38 $1,653.97 $1,736.59 $1,823.79 Public Works Maintenance Worker II GBU 283 $1,578.82 $1,657.42 $1,740.60 $1,827.80 $1,919.02 $2,014.83 Purchasing Assistant GBU 280 $1,555.30 $1,632.75 $1,714.78 $1,800.27 $1,890.34 $1,985.00 Recreation/Community Programs Coordinator GBU 313 $1,833.54 $1,925.33 $2,021.14 $2,122.68 $2,228.82 $2,340.12 Solid Waste/Recycling Assistant GBU 283 $1,578.82 $1,657.42 $1,740.60 $1,827.80 $1,919.02 $2,014.83 Solid Waste/Recycling Coordinator GBU 313 $1,833.54 $1,925.33 $2,021.14 $2,122.68 $2,228.82 $2,340.12 Water Conservation Customer Service Representative GBU 263 $1,429.08 $1,500.22 $1,575.38 $1,653.97 $1,736.59 $1,823.79 Water Conservation Specialist GBU 283 $1,578.82 $1,657.42 $1,740.60 $1,827.80 $1,919.02 $2,014.83 Water Quality Specialist I GBU 320 $1,898.37 $1,993.60 $2,093.43 $2,197.84 $2,307.99 $2,423.30 Water Quality Specialist II GBU 340 $2,098.02 $2,202.43 $2,312.58 $2,428.47 $2,550.09 $2,677.45 Water Quality Specialist In Training GBU 293 $1,659.14 $1,742.32 $1,829.52 $1,920.74 $2,017.12 $2,118.09 Water System Lead Worker GBU 365 $2,376.26 $2,495.01 $2,620.08 $2,750.88 $2,888.57 $3,033.14 Water System Technician GBU 350 $2,205.30 $2,315.45 $2,431.33 $2,552.38 $2,680.32 $2,813.99 Water System Worker I GBU 293 $1,659.14 $1,742.32 $1,829.52 $1,920.74 $2,017.12 $2,118.09 Water System Worker II GBU 320 $1,898.37 $1,993.60 $2,093.43 $2,197.84 $2,307.99 $2,423.30 Water System Worker III GBU 340 $2,098.02 $2,202.43 $2,312.58 $2,428.47 $2,550.09 $2,677.45 WW Lab Analyst/Environmental Compliance Inspector I GBU 345 $2,150.80 $2,258.08 $2,371.10 $2,489.85 $2,614.34 $2,745.15 WW Lab Analyst/Environmental Compliance Inspector II GBU 365 $2,376.26 $2,495.01 $2,620.08 $2,750.88 $2,888.57 $3,033.14 Adopted 7/16/25 Page 2 of 5
City of Madera Full Time Salary Schedule
Effective 7/12/2025
Job Title B/U Range A B C D E F
Bi-Weekly Pay Rate
WWTP Lead Operator GBU 383 $2,599.43 $2,729.66 $2,866.20 $3,009.05 $3,159.93 $3,317.70 WWTP Mechanic GBU 375 $2,497.88 $2,622.95 $2,753.75 $2,891.44 $3,036.01 $3,188.04 WWTP Operator I GBU 322 $1,917.87 $2,013.68 $2,114.08 $2,219.64 $2,330.94 $2,447.40 WWTP Operator II GBU 344 $2,139.90 $2,247.18 $2,359.62 $2,477.23 $2,601.15 $2,731.38 WWTP Operator III GBU 364 $2,364.79 $2,482.97 $2,606.89 $2,737.12 $2,874.23 $3,017.65 WWTP Operator In Training GBU 301 $1,726.83 $1,813.46 $1,904.11 $1,999.34 $2,099.16 $2,204.15 Executive Secretary to the Chief of Police LEMM 330 $2,055.78 $2,158.59 $2,266.14 $2,379.59 $2,498.37 $2,623.64 Police Auxiliary Services Supervisor LEMM 350 $2,271.46 $2,384.91 $2,504.27 $2,628.96 $2,760.73 $2,898.41 Police Commander LEMM 504 $4,895.68 $5,140.91 $5,397.96 $5,667.41 $5,951.05 $6,248.28 Police Lieutenant LEMM 487 $4,498.00 $4,722.55 $4,958.91 $5,207.09 $5,467.09 $5,740.69 Police Office Supervisor LEMM 350 $2,271.46 $2,384.91 $2,504.27 $2,628.96 $2,760.73 $2,898.41 Chief Building Official M 464 $3,931.87 $4,128.26 $4,334.49 $4,551.74 $4,778.84 $5,018.10 City Engineer M 525 $5,329.77 $5,596.26 $5,876.07 $6,169.79 $6,478.57 $6,802.41 Communications Manager M 456 $3,777.77 $3,966.62 $4,165.33 $4,373.31 $4,592.29 $4,821.71 Director of Community Development M 535 $5,602.63 $5,882.45 $6,176.74 $6,485.52 $6,809.94 $7,150.58 Director of Financial Services M 525 $5,329.77 $5,596.26 $5,876.07 $6,169.79 $6,478.57 $6,802.41 Director of Human Resources M 513 $5,020.41 $5,271.26 $5,534.85 $5,811.77 $6,102.01 $6,407.31 Director of Information Technology M 500 $4,705.26 $4,940.47 $5,187.26 $5,446.79 $5,719.08 $6,005.26 Director of Parks & Community Services M 509 $4,921.35 $5,166.98 $5,425.36 $5,696.48 $5,981.51 $6,280.44 Planning Manager M 500 $4,705.26 $4,940.47 $5,187.26 $5,446.79 $5,719.08 $6,005.26 Police Chief M 554 $6,159.36 $6,467.56 $6,790.82 $7,130.31 $7,486.59 $7,860.83 Public Works Operations Director M 508 $4,896.44 $5,141.49 $5,398.71 $5,668.68 $5,951.96 $6,249.16 Accountant I MM 322 $1,975.41 $2,074.09 $2,177.50 $2,286.23 $2,400.86 $2,520.82 Accountant II MM 362 $2,411.50 $2,532.05 $2,658.50 $2,791.46 $2,930.91 $3,077.46 Administrative Analyst I MM 358 $2,363.64 $2,481.82 $2,605.91 $2,736.50 $2,873.00 $3,016.59 Administrative Analyst II MM 386 $2,718.18 $2,854.09 $2,996.50 $3,146.59 $3,303.77 $3,468.64 Assistant Engineer MM 392 $2,800.32 $2,940.37 $3,087.50 $3,241.73 $3,404.23 $3,574.41 Associate Civil Engineer MM 445 $3,647.68 $3,830.28 $4,021.73 $4,222.64 $4,434.18 $4,655.78 Associate Planner MM 368 $2,484.77 $2,608.86 $2,739.46 $2,875.96 $3,020.14 $3,170.82 Code Enforcement Supervisor MM 380 $2,637.82 $2,769.59 $2,907.87 $3,053.82 $3,206.28 $3,366.41 Communications Specialist MM 358 $2,363.64 $2,481.82 $2,605.91 $2,736.50 $2,873.00 $3,016.59 Adopted 7/16/25 Page 3 of 5
City of Madera Full Time Salary Schedule
Effective 7/12/2025
Job Title B/U Range A B C D E F
Bi-Weekly Pay Rate
Construction Inspection Supervisor MM 400 $2,914.37 $3,060.32 $3,213.37 $3,374.09 $3,542.50 $3,719.77 Deputy City Engineer MM 495 $4,681.19 $4,915.18 $5,161.00 $5,418.64 $5,689.87 $5,974.09 Electrical and Facilities Operations Manager MM 421 $3,236.41 $3,398.32 $3,567.91 $3,746.37 $3,933.68 $4,130.46 Engineering Project Manager MM 419 $3,203.91 $3,364.64 $3,532.46 $3,709.14 $3,894.68 $4,089.68 Executive Secretary MM 330 $2,055.78 $2,158.59 $2,266.14 $2,379.59 $2,498.37 $2,623.64 Executive Secretary to City Administrator MM 330 $2,055.78 $2,158.59 $2,266.14 $2,379.59 $2,498.37 $2,623.64 Financial Services Manager MM 446 $3,666.00 $3,849.18 $4,041.82 $4,243.91 $4,456.05 $4,678.82 Fleet Operations Manager MM 404 $2,973.46 $3,121.78 $3,277.77 $3,442.05 $3,614.00 $3,794.82 Grant Administrator MM 446 $3,666.00 $3,849.18 $4,041.82 $4,243.91 $4,456.05 $4,678.82 Grant Analyst MM 358 $2,363.64 $2,481.82 $2,605.91 $2,736.50 $2,873.00 $3,016.59 Human Resources Technician MM 290 $1,684.09 $1,768.00 $1,856.64 $1,949.41 $2,046.91 $2,149.14 Human Resources Technician II MM 310 $1,860.18 $1,953.55 $2,051.05 $2,153.87 $2,261.41 $2,374.27 Network Administrator MM 389 $2,758.96 $2,896.64 $3,041.41 $3,193.87 $3,353.41 $3,521.23 Park Project Manager MM 426 $3,317.96 $3,484.00 $3,658.32 $3,840.91 $4,032.96 $4,234.46 Parks Manager MM 385 $2,704.59 $2,839.32 $2,981.73 $3,130.64 $3,287.23 $3,451.50 Parks Supervisor MM 350 $2,271.46 $2,384.91 $2,504.27 $2,628.96 $2,760.73 $2,898.41 Procurement Services Manager MM 358 $2,363.64 $2,481.82 $2,605.91 $2,736.50 $2,873.00 $3,016.59 Program Manager-Grants MM 366 $2,459.96 $2,582.87 $2,712.27 $2,847.59 $2,990.00 $3,139.50 Recreation/Community Programs Manager MM 390 $2,772.55 $2,911.41 $3,056.77 $3,209.82 $3,369.96 $3,538.96 Recreation/Community Programs Supervisor MM 353 $2,305.73 $2,420.96 $2,541.50 $2,668.55 $2,802.09 $2,942.14 Redevelopment Agency Secretary MM 342 $2,182.23 $2,291.55 $2,406.18 $2,526.14 $2,652.59 $2,785.55 Redevelopment Manager MM 427 $3,334.50 $3,501.14 $3,676.64 $3,860.41 $4,053.05 $4,255.73 Safety Officer MM 358 $2,363.64 $2,481.82 $2,605.91 $2,736.50 $2,873.00 $3,016.59 Senior Civil Engineer MM 475 $4,236.82 $4,448.37 $4,670.55 $4,904.55 $5,149.78 $5,406.82 Senior Planner MM 429 $3,368.18 $3,536.59 $3,713.28 $3,898.82 $4,093.82 $4,298.28 Solid Waste Manager MM 353 $2,305.73 $2,420.96 $2,541.50 $2,668.55 $2,802.09 $2,942.14 Streets & Storm Drainage Ops. Manager MM 385 $2,704.59 $2,839.32 $2,981.73 $3,130.64 $3,287.23 $3,451.50 Streets & Storm Drainage Supervisor MM 350 $2,271.46 $2,384.91 $2,504.27 $2,628.96 $2,760.73 $2,898.41 Tyler Munis Implementation Project Manager MM 408 $3,033.14 $3,185.00 $3,343.96 $3,511.18 $3,686.68 $3,871.05 Utility Billing Supervisor MM 334 $2,097.14 $2,201.73 $2,312.23 $2,427.46 $2,549.18 $2,676.23 Waste Water Treatment Plant Manager MM 459 $3,911.82 $4,107.41 $4,312.46 $4,528.14 $4,754.46 $4,992.59 Adopted 7/16/25 Page 4 of 5
City of Madera Full Time Salary Schedule
Effective 7/12/2025
Job Title B/U Range A B C D E F
Bi-Weekly Pay Rate
Wastewater Collection System Supervisor MM 346 $2,226.55 $2,337.64 $2,454.64 $2,577.55 $2,706.36 $2,841.68 Water & Sewer Operations Manager MM 423 $3,268.91 $3,432.00 $3,603.96 $3,784.18 $3,973.28 $4,171.82 Water Meter & Conservation Supervisor MM 340 $2,160.96 $2,268.50 $2,381.96 $2,501.32 $2,626.59 $2,757.77 Water System Supervisor MM 385 $2,704.59 $2,839.32 $2,981.73 $3,130.64 $3,287.23 $3,451.50 Crime Analysis Technician MPOA 306 $1,823.55 $1,915.14 $2,010.86 $2,111.32 $2,216.50 $2,327.59 Police Corporal MPOA 383 $2,677.41 $2,811.55 $2,952.18 $3,099.32 $3,254.73 $3,417.23 Police Officer I MPOA 363 $2,423.32 $2,544.46 $2,671.50 $2,805.05 $2,945.68 $3,092.82 Police Officer II MPOA 373 $2,547.41 $2,674.46 $2,808.59 $2,948.64 $3,096.37 $3,251.18 Police Officer Trainee MPOA 333 $2,086.50 $2,191.09 $2,300.41 $2,415.64 $2,536.18 $2,663.23 Police Sergeant MPOA 426 $3,317.96 $3,484.00 $3,658.32 $3,840.91 $4,032.96 $4,234.46 Property & Evidence Officer MPOA 296 $1,734.91 $1,821.77 $1,912.77 $2,008.50 $2,108.96 $2,214.14 Public Safety Dispatcher MPOA 294 $1,717.77 $1,803.46 $1,893.86 $1,988.41 $2,087.68 $2,192.27 Records Clerk MPOA 270 $1,523.96 $1,600.18 $1,679.95 $1,764.46 $1,852.50 $1,945.27 Adopted 7/16/25 Page 5 of 5
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: July 16, 2025
_________________________________ Agenda Number: ___________ Giachino Chiaramonte, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Acceptance of a grant award from the State of California Department of California Highway Patrol RECOMMENDATION:
Adopt Resolutions:
1. Accepting the grant award in the amount of $83,468.
2. Amending the City’s 2025/26 Adopted Budget by $83,468 to reflect revenues and expenditures related to the grant.
SUMMARY:
With the passage of Proposition 64 (Prop 64), which legalized recreational cannabis use, the State of California Department of California Highway Patrol (CHP) is sponsoring a grant program to combat impaired driving related to cannabis use. The City applied for assistance to address these issues in our community and has received official confirmation that our application was approved. Specifically, the CHP has awarded the Police Department (MPD) $83,468 to fund the anti‐driving under the influence of drugs (DUID) program.
DISCUSSION:
When Proposition 64 was passed, California voters directed that a portion of cannabis tax revenue be allocated to the CHP for distribution as grants to local governments and eligible nonprofit organizations. In response, the CHP established the Cannabis Tax Fund Grant Program (CTFGP) to fulfill this mandate. The intent of the program is to enhance existing initiatives aimed at reducing impaired driving.
Through acceptance of the CTFGP grant, the MPD will strengthen its enforcement and public education efforts related to cannabis‐impaired driving. The grant award of $83,468 will support overtime operations for DUID checkpoints and saturation patrols. These efforts are expected to ‐ϵ
contribute to long‐term reductions in fatal and injury‐related collisions. Additionally, the grant includes funding for the purchase of two SoToxa Mobile Test Systems, which enables efficient and accurate roadside drug testing. It will also cover training costs for personnel to improve the identification and enforcement of drug‐impaired driving offenses.
This would represent the first year the City receives funding through the CTFGP. Participation in the CTFGP not only provides critical financial support to enhance enforcement and education efforts but also positions the City to demonstrate measurable outcomes in reducing cannabis‐ impaired driving. By establishing a successful program during this initial grant cycle, the City may strengthen its eligibility for future funding opportunities under this and similar grant programs.
The two‐year funding cycle allows for the implementation of sustained strategies, enabling the MPD to build capacity, refine operations, and track progress over time.
FINANCIAL IMPACT:
Acceptance of the CTFGP award will not impact the General Fund. On the contrary, it provides $83,468 in dedicated funding to support the City’s law enforcement efforts. These grant funds will help offset MPD expenditures associated with enforcing laws related to drug‐impaired driving.
ALTERNATIVES:
Council may decline the grant funds or may request additional information.
ATTACHMENTS:
1. Resolution accepting the grant award and designating the City Manager as the Authorizing Official to execute all necessary documents
2. Resolution amending the Fiscal Year 2025/26 Adopted Budget by $83,468.
Exhibit A ‐ Line‐item breakdown of proposed budget amendments
3. Grant agreement from the Department of California Highway Patrol RESOLUTION NO. 25‐______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA, ACCEPTING GRANT AWARD FROM THE STATE OF
CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL IN THE AMOUNT OF $83,468 AND DESIGNATING THE CITY MANAGER AS THE
AUTHORIZING OFFICIAL TO ACCEPT THE GRANT AWARD
WHEREAS, the City of Madera Police Department is responsible for the safety of the citizens of the community; and
WHEREAS, the Police Department spends considerable resources in its efforts to provide frontline law enforcement services to the community; and WHEREAS, the City Council of the City supports the efforts of the Police Department to secure resources by the most efficient means possible; and WHEREAS, the State of California Department of California Highway Patrol has allocated $83,468 through the Cannabis Tax Fund Grant Program to the Police Department; and WHEREAS, the grant funds will support traffic enforcement operations to mitigate impaired driving.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, and orders as follows:
1. The foregoing recitals are true and correct.
2. The grant award of $83,468,000 from the State of California Department of California Highway Patrol is accepted.
3. The City Manager is designated as the Authorizing Official to accept the grant on the City’s behalf and execute all related necessary documents related to the grant.
4. This resolution is effective immediately upon adoption. ** * * * * **
RESOLUTION NO. 25‐______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA, AUTHORIZING AND APPROVING AMENDMENTS TO THE CITY OF MADERA FISCAL YEAR 2025/2026 BUDGET
WHEREAS, the City Council has authorized the City Manager to accept a grant award in the amount of $83,468 from the State of California Department of California Highway Patrol Cannabis Tax Fund Grant Program; and
WHEREAS, the amendments to the City of Madera Fiscal Year 2025/2026 Budget, listed in Exhibit A, attached hereto, are necessary to account for receipt of the grant funds and related expenditures.
NOW THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds and order as follows:
1. The above recitals are true and correct.
2. The appropriations for the items listed in Exhibit A, attached hereto, are approved.
3. The City Clerk is authorized and directed to forward a copy of the resolution to the Director of Financial Services, who is authorized to take such action as necessary to implement the terms of this resolution
4. The resolution is effective immediately upon adoption. ****************
ORG OBJECT
FUND CODE PROJECT CODE DESCRIPTION (+) (-)
CHP PROP 64 CANNABIS ENFORCEMENT
4781 47813016 26CHP 4458 DUID Enforcement Grant 83,468
4781 47813016 26CHP 5100 Salaries/Overtime 46,816
4781 47813016 26CHP 6530 Conference Training & Education 24,112 4781 47813016 26CHP 7000 Vehicles and Equipment 12,540
TOTALS 83,468 83,468
EXHIBIT A
CITY OF MADERA FISCAL YEAR 2025/26 BUDGET AMENDMENT FOR
DUID ENFORCEMENT GRANT
1 State of California
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
23383 ________________________________________________________________
1. GRANT TITLE
FY25/26 CTFGP Law Enforcement - City of Madera Police Department
2. NAME OF ORGANIZATION/AGENCY
City of Madera Police Department
3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT
4. PROJECT PERFORMANCE PERIOD
From: 07/01/2025 To: 06/30/2026
5. PURCHASE ORDER NUMBER
6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.
The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.
7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $83,468.00
8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27, are hereby incorporated into this Grant Agreement by reference.
The parties hereto agree to comply with the Terms and Conditions of the following attachments:
• Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B – Detailed Budget Estimate
• Schedule B-1 – Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.
IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.
9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: Arnoldo Rodriguez
Title: City Manager
Phone: (559) 661-5402
Address: 205 West Fourth Street
Madera, CA 93637
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Andrew Beasley Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: M. V. Fojas Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
10. AUTHORIZED FINANCIAL CONTACT TO RECEIVE
REIMBURSEMENT PAYMENTS
Name: Mike Lima
Title: Director of Financial Services
Phone: (559) 661-5402
Address: 205 West Fourth Street
Madera, CA 93637
TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
A. EXECUTION
1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.
2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.
3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.
4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.
5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.
B. PROJECT ADMINISTRATION
1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.
2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.
3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.
4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.
Equipment purchased under this Grant Agreement must only be used for approved Projectrelated purposes, unless otherwise approved by the State in writing.
5. Prior to dispositionof equipment acquired under this Grant Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.
TERMS AND CONDITIONS
C. PROJECT TERMINATION
1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law. b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.
2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.
4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.
D. FINANCIAL RECORDS
1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.
E. HOLD HARMLESS
1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.
TERMS AND CONDITIONS
F. NONDISCRIMINATION
1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employmentrelated leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.) G. AMERICANS WITH DISABILITIES ACT
1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) H. DRUG-FREE WORKPLACE
1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the Project will:
i. Receive a copy of the company's drug-free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.
2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES
1. All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.
TERMS AND CONDITIONS
J. LABOR CODE/WORKERS' COMPENSATION
1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).
K. GRANT APPLICATION INCORPORATION
1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.
L. STATE LOBBYING
1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.
M. REPRESENTATION AND WARRANTIES
1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein. c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California taxexempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.
N. AIR OR WATER POLLUTION VIOLATION
1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE
1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority.
2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.
P. RESOLUTION
1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.
Q. PAYEE DATA RECORD FORM STD. 204
1. This form shall be completed by all non-governmental Grantees.
R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM
1. This form shall be completed by all Grantees.
S. CONFLICT OF INTEREST
1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.
2. Current State Employees:
a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.
3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency. b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.
4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with
TERMS AND CONDITIONS
participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.
5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.
6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.
7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.
8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.
T. EQUIPMENT-USE TERMS
1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.
2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.
At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.
Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement.
Schedule A
City of Madera Police Department
All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase.
Project Description
The department is seeking funding to provide additional training of sworn staff as it relates to impaired driving enforcement, and funding to conduct additional impaired driving saturation patrols. The department seeks funding to purchase roadside equipment related to identifying drivers under the influence of drugs. The department seeks to train an additional four officers in SFST, advanced Roadside Impairment (ARIDE 16 hrs. each), Drug Recognition Expert Training (DRE 96 hrs. each) and funding to backfill those vacancies while officers are in training.
Problem Statement & Proposed Solution
The Madera Police Department serves a community of approximately 68,000 people and is located in the Central Valley. Madera is comprised of primarily agriculture industries which require residents to drive more than those who live in an urban areas. According to the California DUI-MIS Report of 2022, Madera County has a DUI arrest rate of 1.1 per 100 licensed drivers. The California state average is 0.6 per 100 licensed drivers which means Madera County's average is over 50% higher than the State's average. Consequently, those figures lead towards the identification of a DUI problem.
Recently Madera City officials have approved several permits for cannabis dispensaries which could affect those choosing to drive while under the influence of cannabis. In calendar year 2024, Madera PD Officers arrested 312 drivers for driving while impaired and of those, 15 were arrested for driving while under the influence of drugs.
With additional funding for training, backfill of man hours due to our staff attending training, equipment, and funds geared for DUI enforcements our department can continue to address our DUI issues.
Currently the department only has five DRE trained officers which is the most certified DRE’s the department has ever had. The department understands the importance of having properly trained officers to evaluate drivers during roadside stops for impairment whether it be for alcohol or drugs. The department is looking to spread out more DRE trained officers across all four patrol shifts. This will require specialized training and additional funding to attend these courses and supplement our patrol staff while officers attend these trainings. The required schedule of classes to reach the DRE certification is lengthy and will required multiple weeks of training. A department of our size will immediately feel the effects of reduced staffing due to the vacancies for officers to attend these trainings and budgetary issues created by this training schedule.
If provided the opportunity to receive funding for more DRE trained officers, it will result in the arrest of more individuals who are driving while impaired. The department recognizes the importance of building a DRE program and ensuring that we have the latest tools and training to assist in the evaluation of drivers.
Schedule A
Performance Measures/Scope of Work
1. The goal is to remain visible in our community through proactive impaired driving enforcement. This will likely increase our DUI arrests by 5 %.
a. Q1-Purchase Equipment, Identify and attend training courses. Q2-Conduct 2 Saturation Enforcements, attend training, Q3- Conduct 2 Saturation Enforcements Q4- Conduct 2 Saturation Enforcements.
2. Conduct saturation DUI patrols. The goal is to remain visible in our community through proactive impaired driving enforcement.
a. The goal is to conduct 6 DUI Saturation Patrols during the grant period, Q2-2 enforcements Q3- 2 enforcements, Q4- 2 enforcements. The focus would be to concentrate our efforts during the times in these quarters where statistics note the need for additional patrols. Our goal is to target individuals who are driving under the influence of alcohol or drugs.
3. Fund specialized training such as Standardized Field Sobriety Testing (SFST), Advanced Roadside Impairment Enforcement (ARIDE), Drug Recognition Expert Training (DRE). This would help officers improve in their identification, investigation, and ultimately the prosecution of impaired drivers. Our goal is to continue to build our impaired driving enforcement program. Our ability to ensure that we have sufficient officers trained in DRE to cover multiple shifts and hours is an important part of keeping our community safe.
a. Immediately upon receiving grant funding, we would identify courses whether locally or elsewhere within the state to send officers. The department would like to send four police officers to SFST School, four police officers to ARIDE School, four police officers to DRE school, and four police officers to DRE field certification school. The goal would be to complete the training as soon as possible (Q1= 4 officers to SFST, 4 officers to ARIDE, Q2= 2 officers to DRE, 2 officers to DRE field cert, Q3= 2 officers DRE, 2 officers DRE field cert, Q4= all trained officers in field for enforcement. With backfill funding we could ensure that we could backfill the vacancies created by the officers gone for training.
Project Performance Evaluation
The department will track enforcement statistics, training goals, as these statistics will be reported during the grants QPR’s. Additionally, the department will report those to our internal and external stakeholders monthly.
Program Sustainability
Grant funds will be utilized to purchase equipment related to the identification of drugged drivers, train personnel, backfill positions out for training, and provide opportunities for directed enforcement by trained personnel. Once the personnel are trained, they will have the ability to utilize their training during everyday patrol shifts. After the initial training, DRE’s are only required to recertify semiannually, thus not needing the 96 hours of initial training.
Administrative Support
The department has personnel in place that have managed and reported other Office of Traffic Safety grants.
Schedule B
Detailed Budget Estimate
Award Number Organization/Agency Total Amount
23383 City of Madera Police Department $83,468.00
Cost Category Line Item Name Total Cost to Grant
Other Direct Costs
SoToxa Mobile Test System $12,540.00
Category Sub-Total $12,540.00
Personnel
Backfill $35,872.00
DUI Saturation Patrol $10,944.00
Category Sub-Total $46,816.00
Travel
DRE Field Certification - Attend Travel $3,272.00
DRE Training - Attend Travel $13,520.00
ARIDE Training - Attend Travel $2,928.00
SFST Training - Attend Travel $4,392.00
Category Sub-Total $24,112.00
Grant Total $83,468.00
Schedule B-1
Budget Narrative
City of Madera Police Department
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.
Other Direct Costs
SoToxa Mobile Test System
$12,540.00
SoToxa Mobile Test System (2 qty) @ $4,900.00
SoToxa Oral Fluid Test Cartridges(4qty) @ $685.00
Personnel
Backfill
$35,872.00
Backfill for officers assigned to this training. No benefits are calculated into below costs.
DRE
The cost is at an overtime rate
4 officers @ 72 hours x $76 = $5,472 x 4 = $21,888
DRE Field Cert
The cost is at an overtime rate
4 officers @ 30 hours x $76 = $2,280 x 4 = $9,120
ARIDE
The cost is at an overtime rate
4 officers @ 16 hours x $76 = $1,216 x 4 = $4,864
DUI Saturation Patrol
$10,944.00
Cost @overtime rate only no benefits calculated into cost OT Rate $76 per hour x 8 = $608 x 3 officers = $1,824 x 6 events = $10,944
Travel
SFST Training - Attend Travel
$4,392.00
SFST School Training for 4 officers, for 24 hours training which includes per diem, $86 for 3 days, and hotel stay, $280 for 3 days - $840 = $1,098 x 4 = $4,392
ARIDE Training - Attend Travel
$2,928.00
ARIDE School Training for 4 officers, for 16 hours training which includes per diem, $86 for 3 days, and hotel stay, $280 for 2 days - $732 x 4 = $2,928.
DRE Training - Attend Travel
$13,520.00
DRE School Training for 4 officers, for 72 hours training which includes per diem, $86 for 10 days, and hotel stay, $280 for 9 days - $3,380 x 4 = $13,520.
Schedule B-1
Budget Narrative
City of Madera Police Department
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.
DRE Field Certification - Attend Travel
$3,272.00
DRE Field Cert for 4 officers, for 30 hours training which includes per diem, $86 for 3 days, and hotel stay, $280 for 2 days - $818 x 4 = $3,272.
REPORT TO CITY COUNCIL
Approved by:
_________________________________
Giachino Chiaramonte, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Madera County Narcotic Enforcement Team Memorandum of Understanding RECOMMENDATION:
Adopt a Resolution approving a multi‐agency Memorandum of Understanding establishing the Madera County Narcotic Enforcement Team and authorizing the Chief of Police to execute the agreement
SUMMARY:
The Madera Police Department (MPD) seeks City Council (Council) authorization to enter into a Memorandum of Understanding (MOU) for continued participation in the Madera County Narcotic Enforcement Team (MADNET). MADNET is a multi‐agency task force dedicated to combating drug‐related crime through collaborative regional enforcement and intelligence‐ sharing efforts. Participating agencies include the Madera County Sheriff’s Office, Chowchilla Police Department, California Highway Patrol, Madera County Probation Department, and Madera County District Attorney’s Office.
DISCUSSION:
The purpose of the MOU is to formalize inter‐agency cooperation for narcotic enforcement and related criminal investigations across Madera County. The City is currently participating under a similar agreement; however, recent updates were made to ensure compliance with the U.S.
Department of Labor’s Fair Labor Standards Act and the applicable collective bargaining agreements of participating agencies. As a result, the City is required to execute the updated MOU to continue its participation without interruption.
Under the proposed agreement, MPD would continue to contribute one police officer, one undercover vehicle, and a standard complement of investigative and safety equipment to Council Meeting of: July 16, 2025
Agenda Number: ____
B-10
support MADNET operations. Under the existing agreement, the City currently provides said personnel and equipment, thus no changes or additions are proposed.
In return, the MPD gains access to shared resources, training opportunities, and intelligence coordinated through the MADNET Council, which oversees the task force’s strategy and operations.
The MADNET Council, composed of department heads or their designeesfrom each participating agency, governs the task force, establishes policies, and approves budgets. The MOU designates the Madera County Sheriff’s Office as the lead agency, responsible for providing the MADNET Supervisor and administrative oversight. All participating agencies retain responsibility for their own personnel’s salaries, benefits, and liabilities. Personnel assigned to MADNET remain employees of their respective home agencies while contributing to the task force’s shared mission of reducing the availability, violence, and societal harm associated with illegal narcotics.
Participation in MADNET enhances MPD’s ability to target high‐level drug traffickers, dismantle drug networks, and conduct complex investigations that would otherwise exceed the department’s resources. This regional collaboration allows for a unified approach to drug enforcement, ensuring improved public safety outcomes for the City.
FINANCIAL IMPACT:
Participation in MADNET does not result in additional financial burden to the City. The City is responsible for covering the salary and benefits of its assigned personnel through existing budget allocations. All general operational expenses for MADNET are primarily supported by asset forfeiture proceeds. In cases where forfeiture funds are insufficient, cost‐sharing contributions from participating agencies may be required. At this time, no direct financial contribution from the City beyond existing staffing and equipment commitments is anticipated.
ALTERNATIVES:
Council may decline to enter into the MOU, thereby withdrawing the City’s participation from the task force. Furthermore, Council may request additional information.
ATTACHMENTS:
1. Resolution approving the MADNET Memorandum of Understanding
2. Exhibit A: Memorandum of Understanding
RESOLUTION NO. 25‐______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
APPROVING A MULTI‐AGENCY MEMORANDUM OF UNDERSTANDING
ESTABLISHING THE MADERA COUNTY NARCOTIC ENFORCEMENT TEAM
AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE
AGREEMENT
WHEREAS, the Madera County Narcotic Enforcement Team (MADNET) is a multi‐agency narcotics task force established to coordinate law enforcement efforts in combating illegal drug activity throughout Madera County; and
WHEREAS, the Memorandum of Understanding (MOU) outlines the roles, responsibilities, and contributions of each participating agency, including the assignment of personnel, use of equipment, and participation in operational and administrative decision‐ making; and
WHEREAS, the City is equipped with the personnel and resources to provide an assigned officer to MADNET; and
WHEREAS, participation in MADNET will not result in additional financial burden to the City, as the Police Department will use existing staffing and equipment, and the task force is primarily funded through asset forfeiture proceeds; and WHEREAS, the City Council finds it to be in the best interest of the City and its residents to continue regional collaboration to combat illegal drug activity and enhance public safety.
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 Madera County Narcotic Enforcement Team Memorandum of Understanding, a copy of which is attached hereto as Exhibit A, is approved.
3. The Police Chief is authorized to execute the Memorandum of Understanding.
4. This resolution is effective immediately upon adoption. ** * * * * **
EXHIBIT A
MADERA COUNTY NARCOTIC ENFORCMENT TEAM
1 MEMORANDUM OF UNDERSTANDING
Table of Contents
I. Purpose………………………………………………………………………………….
II. Mission………………………………………………………………………………….
III. Task Force Council……………………….……………………………………………
IV. Management……………………………….………………………………………….
V. Task Force Supervisor………………………………………………………………….
VI. Compensation…………………………….…………………………………………….
VII. Budget…………………………………………….……………………………………
VIII. Training…………………………………………………….………………………….
IX. Resources……………………………………………….…………………………….
X. Facilities, Equipment, and Property…………………….…………………………….
XI. Asset Forfeiture……………………………………………………………………….
XII. Administration and Audit…………………………………………………………….
XIII. Inspection Process……………………………………….………………………….
XIV. Non-Discrimination Clause………………………………………………………….
XV. Respective Responsibilities……………………………….…………………………
XVI. Policy……………………………………………………………………
XVII. Term of Agreement………………………………………………………………….
XVIII. Authorization…………………………………………………………………………
MADERA COUNTY NARCOTIC ENFORCMENT TEAM
2 This Memorandum of Understanding (MOU), establishing the Madera County Narcotic Enforcement Team (MADNET), is entered into by the Madera County Sheriff’s Office and the following participating agencies:
Madera Police Department
Chowchilla Police Department
California Highway Patrol
Madera County Probation Department
Madera County District Attorney’s Office
I. PURPOSE
The purpose of this MOU is to set forth the responsibilities of the participating agencies as they relate to the Madera County Narcotic Enforcement Team, hereinafter known as MADNET.
Working in conjunction, the participating agencies will endeavor to effectively enforce the controlled substance laws of the State of California, as expressed in the Health and Safety Code, and any applicable federal laws relating to the trafficking of controlled substances. Agencies participating in MADNET will target their investigations towards the apprehension of all levels of drug traffickers. Use of this task force concept is intended to ensure well-coordinated narcotic enforcement regionally and increase the flow of narcotic related intelligence between the various agencies. At the request of the MADNET Council, and as needed, MADNET will also enforce other applicable state laws while targeting specific problem areas in order to effectively enforce criminal violations within the county of Madera.
II. MISSION
The mission of MADNET is to increase public safety by significantly diminishing the influence, availability, and violence associated with drug use, distribution, and production in the county of Madera. MADNET will utilize advanced investigative techniques to further law enforcement efforts to apprehend dangerous and violent offenders associated with illegal drug activities.
III. TASK FORCE COUNCIL
MADNET will be governed by a “Task Force Council”
The MADNET Council shall be responsible for the oversight of all MADNET operations, establishing policy, providing direction, coordination, and cooperation between all the participating agencies. The MADNET Council shall be responsible for all operational and administrative reviews of MADNET. Under the direction of the council, MADNET will be able to carry out its duties during each fiscal year.
A “Participating Agency” of MADNET is an allied state, federal, or local law enforcement agency committing manpower and resources for an agreed upon period of time.
MADERA COUNTY NARCOTIC ENFORCMENT TEAM
3 The MADNET Council will consist of department heads from each of the participating agencies, and/or their designee.
1. Sheriff – County of Madera
2. Chief of Police – City of Madera
3. Chief of Police – City of Chowchilla
4. District Attorney – County of Madera
5. Chief of Probation – County of Madera
6. Commander – California Highway Patrol (Madera Area)
7. Commander – California Highway Patrol (Oakhurst Area) The Chairman of the MADNET Council is the Sheriff of Madera County.
The MADNET Council Shall meet every three months, or quarterly.
A quorum shall consist of a simple majority plus one (1).
Each council member, or their designee, has one (1) vote.
MADNET Council members may appoint an alternate to vote in their place upon their absence.
Any issue which comes before the MADNET Council shall be considered passed if there is a simple majority vote.
Telephonic and/or email voting shall be deemed an appropriate alternative to a regular meeting when a matter arises which requires the attention of the MADNET Council.
IV. MANAGEMENT
The management and supervision of MADNET resources will be the responsibility of the MADNET Supervisor. The MADNET Supervisor shall retain supervisory control of all the personnel assigned to MADNET. When the number of law enforcement personnel from participating agencies exceeds 10 members, a second supervisor may be added.
V. TASK FORCE SUPERVISOR
The Madera County Sheriff’s Office shall designate a Sheriff’s Sergeant to serve as the Task Force Supervisor. The MADNET Supervisor shall be responsible for the day-to-day activities and operations. The MADNET Supervisor shall answer to the Sheriff, his/her designee, and the MADNET Council. The MADNET Supervisor will provide the MADNET Council with monthly and annual reports of MADNET activities.
The MADNET Supervisor shall comply with the guidelines and directives established by this MOU. In the event of any conflict the MADNET Supervisor will conform to his/her department policy. Any conflict shall be reported to the Sheriff, and/or their designee, within 24 hours.
The MADNET Supervisors duties shall include:
MADERA COUNTY NARCOTIC ENFORCMENT TEAM
4 1. Supervising and directing MADNET personnel.
2. Preparing written performance evaluations on MADNET personnel for each parent agency as requested. The report shall be prepared on the form supplied, and in accordance with the parent agency’s requirements.
3. The MADNET Supervisor shall make every effort to be present at all planned enforcement actions. An enforcement action is defined as “any action which may result in an arrest.”
4. Schedule and approve normal and overtime hours for all personnel, with input from each parent agency and their respective budgets.
5. Review and approve all investigative reports.
6. Recommend and assign members to training as needed.
7. Prepare MADNET budget materials and maintain appropriate budget records.
8. Prepare monthly and annual MADNET reports.
9. Safeguard and maintain all MADNET property and equipment.
10. Maintain contact with all members of the MADNET Council.
11. Direct the storage of all physical evidence maintained by MADNET.
12. Be responsible for the safekeeping, distribution, and accounting of all MADNET funds.
This includes the maintenance of detailed records in accordance with approved accounting practices for all expenditures.
13. Coordinate requests for assistance and additional manpower to assist allied agencies.
14. Any other duties as assigned by the MADNET Council.
VI. COMPENSATION
Each participating agency is responsible for providing its personnel with salaries, benefits, and overtime in accordance with FLSA regulations and applicable collective bargaining agreements.
VII. BUDGET
The MADNET Supervisor will prepare a proposed budget each year for the ensuing fiscal/calendar year for approval by the MADNET Council.
VIII. TRAINING
Training will be handled by participating agencies according to their individual budgets. In addition, a yearly group training plan shall be prepared and submitted with the MADNET yearly budget proposal and shall be approved by the MADNET Council.
IX. RESOURCES
MADERA COUNTY NARCOTIC ENFORCMENT TEAM
5 The MADNET annual operating budget will be funded out of MADNET asset forfeiture proceeds. In the event there are not sufficient funds available to fully fund the annual budget with asset forfeiture proceeds, the participating agencies agree to contribute, based upon their agreed upon asset forfeiture distribution formula, the sufficient funds needed to fully fund the operating budget. The MADNET asset forfeiture distribution formula is one (1) full share for each full-time personnel assigned to MADNET. Full time participation on the task force is defined as having personnel assigned to MADNET for six (6) of 12 months of the preceding year. An agency without a full-time employee for six (6) months or more does not hold a share.
If staffing levels do not allow for personnel to be allocated to MADNET, the agency experiencing the staffing issues will not be expected to provide the personnel / resources listed below.
Each of the below listed agencies have agreed, by virtue of the signature of the department head affixed to this MOU, to contribute the following personnel and/or resources to MADNET in each year of this agreement.
Madera County Sheriff’s Office
One (1) Sheriff’s Sergeant (MADNET Supervisor)
Three (3) Deputy Sheriff’s and/or Corporals
One (1) Deputy Sheriff assigned to the Fentanyl Death Investigation Grant.
One (1) Administrative Secretary
Five undercover vehicles
Standard complement of investigative and safety equipment Madera Police Department
One Police Officer
One undercover Vehicle
Standard complement of investigative and safety equipment Chowchilla Police Department
One Police Officer
One undercover vehicle
Standard Complement of investigative and safety equipment California Highway Patrol
Two Officers (1 Madera / 1 Oakhurst)
Two undercover vehicles
Standard complement of investigative and safety equipment Madera County Probation Department
MADERA COUNTY NARCOTIC ENFORCMENT TEAM
6 One Probation Officer
One undercover vehicle
Standard complement of investigative and safety equipment Madera County District Attorney’s Office
One Deputy District Attorney
One Administrative Secretary
One pool car as needed
X. FACILITIES, EQUIPMENT, and PROPERTY
When the number of law enforcement personnel from participating agencies drops permanently below four (4), the Madera County Sheriff’s Office may terminate the MOU. In such cases, any balance of any contractual agreements(s) will be shared on a pro-rata basis by the participating agencies in this MOU or paid with asset forfeiture funds.
Any and all property, including equipment, furniture, and furnishings of whatever kind or description, purchased or acquired with Madera County Sheriff’s Office (MCSO) funds shall be the property of MCSO at the termination of this agreement and whereupon no new agreement is reached.
Any and all property, including equipment, furniture, and furnishings of whatever kind or description, purchased or acquired with any other participating agency’s funds shall be the property of the participating agency at the termination of this agreement and whereupon no new agreement is reached.
Any and all property, including equipment, furniture, and furnishings of whatever kind or description, purchased or acquired with MADNET funds shall be the property of MADNET. At the termination of this agreement, and whereupon no new agreement is reached, all said property and/or its value shall be distributed according to the asset forfeiture sharing distribution formula.
Any equipment purchased with MADNET funds which is damaged, broken, misplaced, lost, or stolen through gross negligence, wrongful acts, or omissions of personnel assigned to MADNET, shall be repaired or replaced by the agency of the responsible employee at the determination of the MADNET Council.
With respect to facilities, the following items will be paid or provided as follows:
1. Office space – Madera County Sheriff’s Office
2. Installation and monthly telephone lines / charges – MADNET funds
3. Telephone equipment / repairs – MADNET funds
4. Utilities – Madera County and MADNET funds
5. CLETS terminal - MADNET funds
6. Janitorial services – Madera County
XI. ASSET FORFEITURE
MADERA COUNTY NARCOTIC ENFORCMENT TEAM
7 All pending asset forfeiture funds, including any earned interest, will be maintained in the MADNET pending asset forfeiture Madera County account, #61650. Proceeds derived from federal asset forfeiture proceedings will be deposited into the MADNET federal asset forfeiture Madera County account, #61660. Proceeds derived from state asset forfeiture proceedings will be deposited into the MADNET state asset forfeiture Madera County account, #61670. All forfeiture proceedings will be based upon the appropriate provisions of state and federal law and policy.
All requests to utilize state or federal asset forfeiture funds must be voted on and approved by the MADNET Council. The requested items to be purchased must comply with state and federal guidelines regarding the expenditures of asset forfeiture proceeds.
The MADNET asset forfeiture sharing distribution formula is based on a one (1) full share for each full-time employee assigned to MADNET. The full-time employee must be assigned to the team for at least six (6) months prior to dissolution to receive a full share. An agency without a full-time employee for six (6) months or more does not hold a share. Each of the listed agencies have agreed, by virtue of the signature of the department head affixed to this MOU, that any distribution from MADNET asset forfeiture proceeds to the participating agencies will be made in accordance with the above-described asset forfeiture distribution formula. Prior to any distribution an evaluation will be made as to each participating agency, and their commitment of resources, to determine appropriate “shares.” This evaluation and ultimate decision will be made by the MADNET Council.
XII. ADMINISTRATION and AUDIT
Under no circumstances shall a participating agency charge any indirect costs to the Madera County Sheriff’s Office for administration or implementation of this agreement during the term thereof. All records pertaining to MADNET expenditures shall be maintained at MADNET and readily available for examination and audit by any of the participating agencies. In addition, all such records and reports shall be maintained until audits and examinations are completed and resolved, or for a period of three (3) years after termination of the agreement, whichever is sooner.
XIII. INSPECTION PROCESS
A formal administrative inspection of the MADNET task force shall be conducted annually by the Madera County Sheriff’s Office. A report of this inspection shall be provided to the MADNET Supervisor, and the MADNET Council.
During any change of the MADNET Supervisor an audit of the controlled substance evidence, undercover funds, weapons and/or equipment shall be performed jointly by both the outgoing, and incoming MADNET Supervisor.
XIV. NON-DISCRIMINATION CLAUSE
All participating agencies will comply with Title VI of the Civil Rights Act of 1964. All requirements imposed or pursuant to the regulations of the U.S. Department of Justice (CFR, Part 42, Subparts C and D) issued pursuant to Title VI relating to discrimination on the grounds of race, color, creed, sex, age, or national origin, and equal employment opportunities.
MADERA COUNTY NARCOTIC ENFORCMENT TEAM
8 XV. RESPECTIVE RESPONSIBILITIES
For the purpose of indemnification, each participating agency shall be responsible for the acts of its participating officer(s) and shall incur any liabilities arising out of the services and activities of those officers while participating at MADNET. Personnel assigned to MADNET shall be deemed to be continuing under the employment of their jurisdictions and shall have the same powers, duties, privileges, responsibilities, and immunities as are conferred upon them as peace officers in their own jurisdictions.
XVI. POLICY
It is agreed that all members of MADNET shall abide by their own department policies while working as part of MADNET. If there is a conflict in policy between MADNET and the parent agency, the effected personnel shall immediately notify the MADNET Supervisor, who in turn will advise the MADNET Council.
XVII. TERM OF AGREEMENT
The term of this agreement shall be effective upon the date of the last signature. The terms of this agreement may be canceled by notice in writing to the MADNET Council Chairperson thirty (30) days prior to the requested cancellation. Except as otherwise provided herein, the Agreement shall continue in full force and effect.
XVIII. AUTHORIZATION
The Memorandum of Understanding for MADNET is hereby affirmed by the signature of the participating agency department head and will govern the conduct of MADNET.
MADERA COUNTY NARCOTIC ENFORCMENT TEAM
9 __________________________________________________
Giachino Chiaramonte, Chief, City of Madera Date
__________________________________________________
Jeffrey Palmer, Chief, City of Chowchilla Date
__________________________________________________
Sally O. Moreno, District Attorney, Madera County Date
__________________________________________________
Chris Childers, Chief, Madera County Probation Date
__________________________________________________
Ian Holguin, Lt., California Highway Patrol Date
__________________________________________________
Christopher Albanese, Lt., California Highway Patrol Date __________________________________________________
Tyson Pogue, Sheriff, Madera County Date
REPORT TO CITY COUNCIL
Late Distribution Notice
DATE: July 10, 2025
TO: Mayor and City Councilmembers
FROM: Joseph Hebert, Parks & Community Services Director SUBJECT: July 16, 2025 City Council Meeting
Late Distribution Report for Item B-11: Co-Locator Lease Agreement with Madera Unified School District and California Teaching Fellows Foundation for the John Wells Youth Center
Additional time is needed to complete, review, and finalize the report for Item B-11: Co-Locator Lease Agreement with Madera Unified School District and California Teaching Fellows Foundation for the John Wells Youth Center, the report will be distributed as soon as it is available. Thank you for your understanding.
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: July 16, 2025
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Lease Agreement with Madera Unified School District and California Teaching Fellows Foundation for the John Wells Youth Center
RECOMMENDATION:
1. Adopt a Resolution Approving a Two-Year Lease Agreement between the City of Madera and Madera Unified School District for Occupation and Use of Facilities at the John W.
Wells Youth Center
2. Adopt a Resolution Approving a Two-Year Lease Agreement between the City of Madera and California Teaching Fellows Foundation for the Occupation and Use of Facilities at the John Wells Youth Center
SUMMARY:
On August 16, 2023, the Council approved a two-year Lease Agreement between the City and Madera Unified School District (MUSD) for the occupation and use of facilities at the John Wells Youth Center (JWYC).
On December 6, 2023, the Council also approved a two-year Lease Agreement between the City and California Teaching Fellows Foundation (CTFF) for the Occupation and Use of Facilities at the JWYC.
The two agreements are set to expire on August 23, 2025, with both MUSD and CTFF seeking to renew the lease agreement for continued occupation and use of the JWYC.
B-11
DISCUSSION:
The JWYC is located at 701 East 5th Street. The JWYC is a 25,000 square foot recreation center featuring a full gymnasium, game lounge, crafts center, library, dance room, music studio, and teen lounge. It also features a two-story office space for the City’s Parks & Community Services (PCS) Department, with conference room space, staff break room, and front lobby space on both floors. Provisions were made in the planning, design, and construction of the JWYC for office, meetings, and workspace that could be made available to non-City agencies, such as a CoLocator. The intent is that Co-Locator(s) would provide direct services, programming, advocacy, or other activities that benefit the youth of the City.
JWYC is the home office staff overseeing the City’s recreation, aquatics, sports, aging services, and special events programming. The JWYC currently houses the Director, six full-time staff, in addition to the various part-time support staff who conduct the direct services.
MUSD wishes to lease office space for several of their staff member, including the Expanded Learning Program Coordinator, Expanded Learning Program Manager, and Administrative Assistants. It is MUSD’s request that additional staff, from the CTFF have regular access to office space at the JWYC, supporting MUSD with the district-wide afterschool program.
The City established separate agreements with each entity for several reasons. Terms of the agreements explicitly delineate MUSD's and CTFF’s constraints regarding subleasing any portion of the facilities granted. Consequently, to align with the stipulations outlined in the agreements, to ensure clarity in contractual obligations, it is advised to maintain separate agreements directly between 1) the City and MUSD and 2) the City and Teaching Fellows. The proposed renewal of these agreements would be for a two-year timeframe, from August 24, 2025, through August 24, 2027.
After reviewing the current City staff utilization and MUSD/CTFF need, it has been determined the best course would be to maintain the lease for the first floor of the JWYC for occupation and use. The first floor of the JWYC has four enclosed offices, a staff break room area, a copy room, and restroom areas. The second floor of the JWYC has seven offices, including the PCS Department Director's office, sufficient to house all full-time City staff on the second floor and without needing the use of the first-floor offices. The first-floor lobby area and front reception space would still be covered by PCS Department staff, to welcome visitors into the building.
MUSD/CTFF would be leasing usage of the following spaces:
1 Admin Area, Suite 106, for a total of 158.97 square feet 1 enclosed office, Suite 108, for a total of 245.19 square feet 1 enclosed office, Suite 109, for a total of 200 square feet 1 enclosed office, Suite 115, for a total of 170 square feet 1 enclosed office, Suite 116, for a total of 170 square feet In addition, the lease includes shared or conditional use of certain other facilities of the JWYC such as copy room, break room, and restrooms.
Additional Agreement highlights and points of reference include:
Access to other facilities within the JWYC would require pre-approval and scheduling requests. This includes the Centennial Pool Complex and Centennial Park. MUSD would be responsible for all necessary repairs to the leased area, including such items as routine repairs of floors, walls, ceilings, and other parts of the leased area damaged or worn through other than normal occupancy, except for major mechanical systems or the roof.
MUSD has identified CTFF staff with regular access to the JWYC as one Senior Site Liaison and three Site Liaisons. Per MUSD, Teaching Fellows staff would typically work Tuesday and Thursday out of the JWYC leased space that MUSD is responsible for. There are no fees being requested from CTFF in addition to the fees MUSD would be responsible for.
With MUSD and CTFF occupying the first floor of the JWYC since August 2023, it should be noted the City has not experienced any reasons for concerns or reasons to significantly change the terms of the agreements. Both MUSD and CTFF have been excellent lessees during the time they have had access to the facility.
FINANCIAL IMPACT:
The Lease Agreement details out the fixed fees MUSD would abide by, which include fees per square foot, utilities and janitorial, and an indirect cost. The total revenue expected to be received is $43,542 over the span of the two-year agreement. There are no fees associated with the CTFF Agreement.
Table 1: Lease Agreement between City and MUSD for JWYC Item Description Fee
Lease: $1.70 x 944.16 sq ft $1,604.80
Utilities and Janitorial $123.07
Phone and DSL Service N/A - MUSD will provide at own expense 5% Indirect/Administrative $86.39
Monthly Fee $1,814.26
Annually $21,771.12
All revenue generated from Lease Agreement would be reflected in the PCS Department budget #10206240, Community & Recreation Centers, providing relief to the General Fund.
ALTERNATIVES:
1. The Council may request staff bring additional information back to a subsequent meeting.
2. The council may deny the use of the John Wells Youth Center for this purpose and request MUSD and CTFF vacate the premises upon the termination of the current agreement, set to expire August 23, 2025, thus needing to search out an alternative site for staff impacted.
ATTACHMENTS:
1. Resolution Approving a Two-Year Lease Agreement between the City of Madera and Madera Unified School District for Occupation and Use of Facilities at the John W. Wells Youth Center
a. Exhibit 1 – Agreement
2. Adopt a Resolution Approving a Two-Year Lease Agreement between the City of Madera and California Teaching Fellows Foundation for the Occupation and Use of Facilities at the John Wells Youth Center
a. Exhibit 1 – Agreement
ATTACHMENT 1
Resolution Approving a Two-Year Lease Agreement between the City of Madera and Madera Unified School District for Occupation and Use of Facilities at the John W. Wells Youth Center Exhibit 1 – Agreement
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA APPROVING A TWO-YEAR LEASE AGREEMENT BETWEEN
THE CITY OF MADERA AND MADERA UNIFIED SCHOOL DISTRICT FOR OCCUPATION AND USE OF FACILITIES AT THE JOHN W. WELLS YOUTH CENTER
WHEREAS, the City of Madera (City) owns and operates the John W. Wells Youth Center (JWYC) located at 701 East 5th Street; and
WHEREAS, Madera Unified School District (MUSD) has requested to continue leasing office space at the JWYC; and
WHERAS, the JWYC is a 25,000 square foot recreation center featuring a full gymnasium, game lounge, crafts center, library, dance room, music studio, and teen lounge; and WHEREAS, provisions were made in the planning, design, and construction of the JWYC for office, meeting, and workspace that could be made available to non-City agencies, such as a Co-Locator; and
WHEREAS, intent being that Co-Locator would provide direct services, programming, advocacy, or other activities that benefit the youth of the City; and WHEREAS, MUSD would be leasing usage of a total of 944.16 square feet; and WHEREAS, monthly lease agreement total would equal $1,814.26; and WHEREAS, the Lease Agreement would be in place for the extent of two years, from August 24, 2025, through August 24, 2027;
WHEREAS, the Lease Agreement is in the best interest of the City, MUSD, and the residents of Madera.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA, finds, orders and resolves as follows:
1. The above recitals are true and correct.
2. The City Council approves the Lease Agreement with Madera Unified School District for occupation and use of facilities at the John W. Wells Youth Center, which is attached hereto as Exhibit 1 and incorporated by reference.
3. This Resolution is effective immediately upon adoption. ********************
01425.0029 2020897.1 7/11/2025 1
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Attention: City Clerk
205 W 4th Street
Madera, CA 93637
APN. [SPACE ABOVE FOR RECORDER’S USE ONLY]
Exempt from filing/recording fees per Govt. Code §27383
LEASE AGREEMENT
This Lease Agreement (“Lease”) is made and entered into on this ___ day of ________, 2025 (“Lease Date”), by and between the CITY OF MADERA, a municipal corporation (“Landlord” or “City”) and MADERA UNIFIED SCHOOL DISTRICT (“Tenant”). Landlord and Tenant are sometimes individually referred to as a “Party” and jointly as the “Parties.”
RECITALS:
A. Landlord constructed and owns that certain real property located at 701 E. 5th Street in Madera, CA, commonly referred to as John W. Wells Youth Center (the “Center”), which is legally described on Exhibit A attached hereto and incorporated herein by reference (“Real Property”).
B. The primary function of the Center is to provide space for recreational and educational programming that benefits young residents of Madera and their families.
C. Provisions were made in the planning, design, and construction of the Center for office, meeting, and workspace that could be made available to non-City agencies such as Tenant providing desired services to youth in the City.
D. Said Tenant shall provide direct services, programming, advocacy, or other activities that benefit the youth of the City of Madera.
E. Tenant desires to lease from Landlord and Landlord desires to lease to Tenant a portion of the Real Property pursuant to the terms set forth herein, and Tenant has requested and agrees to use of a portion of the Real Property by the California Teaching Fellows Foundation at no additional cost to Landlord.
NOW, THEREFORE, the parties agree as follows:
1. Lease Premises; Statutory Notice.
1.1. Lease Premises. Subject to the terms of this Lease, Landlord hereby Leases to Tenant and Tenant hereby leases from Landlord, for Tenant’s exclusive use 01425.0029 2020897.1 7/11/2025 2
(except for that area also used by California Teaching Fellows Foundation) (i) that portion within the Real Property as depicted on Exhibit B attached hereto consisting of the building space located at 701 E. 5th Street, Madera, CA (“Lease Premises). The Lease Premises include, and as indicated on Exhibit A:
a. Admin Area, Suite 106, for a total of 158.97 square feet described more particularly in the Property Location.
b. 1 enclosed office, Suite 108, for a total of 245.19 square feet described more particularly in the Property Location.
c. 1 enclosed office, Suite 109, for a total of 200 square feet described more particularly in the Property Location.
d. 1 enclosed office, Suite 115, for a total of 170 square feet described more particularly in the Property Location.
e. 1 enclosed office, Suite 116, for a total of 170 square feet described more particularly in the Property Location.
In addition, the rental includes shared or conditional use of certain other facilities of the Center as specified in the Use of Common Areas 1st Floor (“Exhibit B”).
1.2. Common Areas. Excluding the Lease Premises, the portions of the Real Property such as the recreation room, library, teen lounge, dan studio, crafts center, gymnasium, entry foyer, conference room, and other areas described in Exhibit B. (“Common Areas.”)
1.3. Reserved Rights. Landlord shall have the right from time to time, in Landlord’s sole discretion, to do any of the following without Tenant’s consent but on not less than twenty-four (24) hours’ notice to Tenant:
i. To temporarily close any of the Common Areas for maintenance purposes, so long as reasonable access to the Lease Premises remains available;
ii. To use the Common Areas while engaged in making additional improvements, repairs, or alterations to the Lease Premises, or other portions of the Real Property; and
iii. To do or perform such other acts or make such other changes in, to or with respect to the Common Areas as Landlord may, in the exercise of its reasonable judgment, deem to be appropriate.
1.4. Parking. During the term of this Lease, Lessee shall have the non-exclusive use in common with Landlord, the public, other tenants of the building and their guests and invitees, of the non-reserved common automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord. Landlord reserves the right to designate parking areas adjacent to the Leased Premises or in reasonable proximity thereto, for Lessee and Lessee's agents and employees. Landlord 01425.0029 2020897.1 7/11/2025 3
reserves the sole right to designate specific parking spaces for vendors, visitors, clients, ADA accessibility, and other uses as the Landlord sees fit.
There is no long-term or permanent parking of any vehicles permitted. Landlord will not be responsible for any damage or theft to cars parked on the premises at any time.
1.5. Statutory Disclosure Notice. Pursuant to California Civil Code Section 1938, Tenant is advised that the Lease Premises has not undergone inspection by a Certified Access Specialist (CASp) and, therefore, Landlord is not aware if the Lease Premises complies with the applicable construction-related accessibility standards pursuant to Civil Code Section 55.53.
2. Term; Right to Terminate.
2.1. Term. This Lease shall commence on August 24, 2025 (“Effective Date”) and be in place for a total of twenty-four (24) months, through August 24, 2027. (“Term”)
2.2. Landlord’s Right to Terminate. At anytime, with or without cause, Landlord may terminate this Lease upon thirty (30) days written notice. Tenant shall remain obligated to pay Base Rent for the remaining period prior to termination of the Lease. Tenant shall surrender the Lease Premises in the condition described herein (Section 24) and Tenant shall not be eligible for moving or relocation expenses.
2.3. Recordation. Within ten (10) business days of the execution and acknowledgement of this Lease by both parties, Landlord shall cause a copy of this Lease to be recorded in the Official Records of Madera County (“Official Records”) pursuant to Government Code Section 37393. Upon termination or exercise of any rights under this Lease or an amendment of this Lease, the parties shall record a copy thereof in the Official Records. Upon termination of the Lease, Tenant shall promptly execute, acknowledge and deliver to Landlord any documents reasonably requested by Landlord in order to terminate the Lease in the Official Records.
3. Rent and Other Consideration.
3.1. Basic Rent. On the Effective Date and on the first (1st) day of each month during the Term, Tenant shall pay to Landlord the sum of One Thousand Eight Hundred Fourteen Dollars and Twenty Six Cents ($1,814.26) per month (“Base Rent”).
Base Rent: $1.70 x 944.16 sq. ft = $ 1,604.80 per month Utilities and Janitorial = $ 123.07 per month
Phone and DSL Service - not included (to be provided at Tenant’s expense) Subtotal: $1,727.87 per month
01425.0029 2020897.1 7/11/2025 4
5% Indirect/Administrative $ 86.39 per month
Total Basic Rent Amount: $1,814.26 per month
Payment shall be made to the City of Madera on the first day of each month.
3.2. Base Rent Increase. On each anniversary of the Effective Date, Landlord, in its sole discretion by and through the City’s Parks and Community Services Director, and upon thirty (30) days’ written notice to Tenant, may adjust the Base Rent effective each anniversary of the Effective Date (“Anniversary Date”) during the Term by the Percentage Increase (but not less than (3%) per lease year) in the Consumer Price Index West Region for All Urban Consumers (CPI) October release, rounded to the nearest dollar. “Percentage Increase” shall mean the percentage equal to a fraction, the numerator of which shall be the change in the Index from the third month preceding the Effective Date to the third (3rd) month preceding the current anniversary of the Effective Date. In no event shall the Base Rent decrease from the amount previously being paid under this Lease.
3.3. Miscellaneous. All Base Rent shall be paid in advance without notice, demand, deduction or offset on or before the first day of each calendar month during the Term of this Lease. Rent for any period during the Term which is less than one (1) month shall be prorated, assuming a thirty (30) day month. Rent shall be paid to Landlord in lawful money of the United States of America, to Landlord at City of Madera, or at such other place as Landlord may designate in writing. All sums which may be due from Tenant under this Lease are deemed “Rent”.
Remit payment to:
City of Madera
Attention: Receivables Collections
205 West 4th Street
Madera, CA 93637
3.4. Late Charge. If any Base Rent is not received by Landlord within thirty (30) days of the due date, Tenant shall pay to Landlord an additional sum of ten percent (10%) of the overdue amount as a late charge, which is agreed to represent a reasonable estimate of the costs incurred by Landlord on account of such delinquency. Acceptance of a late charge shall not constitute a waiver of Tenant's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord.
3.5. Use of Landlord Personnel by Tenant. Tenant acknowledges and agrees that employees of Landlord shall not be made available to perform volunteer or compensated work for the benefit of Tenant. In the event of an emergency that, in Tenant’s reasonable judgment, necessitates the use of Landlord personnel, 01425.0029 2020897.1 7/11/2025 5
Tenant shall obtain prior written approval from either the Director of Parks and Community Services or the City Manager before any such use occurs.
If such use is approved in writing, Tenant shall compensate Landlord at the fully burdened hourly rate for each hour (rounded up to the next whole hour) of employee time expended in providing such services, together with an additional administrative fee equal to fifteen percent (15%) of the total labor cost.
4. [Reserved]
5. Use of Premises.
5.1. Use. Tenant shall only use the Lease Premises for activities related to the education, recreation, or well-being of the City’s youth and/or their families in accordance with the mission and purpose of the John W. Wells Youth Center.
The City agrees to allow Tenant’s use of the leased Facilities described herein, and reasonable use of the common areas as described in Exhibit B.
Reasonable use shall be determined by the sole judgment of the City.
Tenant acknowledges that the Leased Premises are shared with the California Teaching Fellows Foundation, and therefore, the Tenant's use shall be coordinated by Tenant to ensure compatibility with the California Teaching Fellows Foundation’s occupancy and activities.
Any other use of the leased Facilities, common areas, or grounds of the Center, including the Centennial Pool Complex and Centennial Park, must be preapproved by the Director of Parks and Community Services, and shall be immediately terminated upon notice from the Director. .
5.2. Compliance with Law. Tenant shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances and other governmental rules, regulations or requirements now in force or which may hereinafter be enacted or promulgated, relating to, or affecting Tenant’s use or occupancy of the Lease Premises.
5.3. Prohibitions. Tenant shall not do or permit anything to be done in or about the Lease Premises which will in any way obstruct or interfere with the rights of other parties, Landlord’s use of the Building, or injure or annoy them or use or allow or permit the Lease Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant shall not cause, maintain or permit any nuisance in or about the Lease Premises, nor commit or suffer to be committed any waste or storage of any environmental hazardous materials in or upon the Lease Premises. Tenant shall not do or permit anything to be done in or about the Lease Premises, nor bring or keep anything therein, which will in any way increase the existing rate of or affect any fire or other insurance upon the Lease Premises, or part thereof, or the contents of the Lease Premises, or 01425.0029 2020897.1 7/11/2025 6
cause cancellation of any insurance policy covering the Lease Premises, or part thereof, or its contents.
Tenant shall not allow any animals on the Premises except service dogs as defined in federal and state law.
Tenant shall not permit smoking or vaping inside any area of the Lease Premises. Persons wishing to smoke outside shall do so at a minimum of twenty (20) feet distance from any Lease Premises entrance, exit and operable window – assuming that smoking is not otherwise prohibited by any federal, state, or local law including the City of Madera Municipal Code as may be amended. Persons wishing to smoke are responsible for disposing of cigarette butts in an appropriate receptacle.
Tenant and their employees are advised of their responsibility to maintain direct supervision of any and all minor children present at their Lease Premises.
Tenant and their employees are expressly prohibited from using, allowing to be used or bringing any illegal drug or narcotic (under either Federal or state law) onto Lease Premises. In the interest of safety, anyone known to be under the influence of drugs and/or alcohol must be asked to, and shall, leave the Lease Premises immediately.
Tenant and their employees shall not permit in any activity on Lease Premises that is in violation of Local, State, or Federal law, or City administrative policy.
Tenant and their employees shall not permit profit making or fundraising activities on Lease Premises without prior approval and consent of the City.
Tenant and their employees shall not permit political activities of any kind on Lease Premises.
Tenant and their employees shall not permit activities that may damage any finish, surface, landscape, fixture, or equipment on the Lease Premises.
Tenant and their employees shall not permit storing, manufacturing, or selling any inherently dangerous or illegal substances, chemicals, things, or devices on the Lease Premises.
Tenant and their employees shall not permit any activity or practice that discriminates on the basis of gender, sex, race, color, ethnicity, ancestry, national origin, age, marital status, pregnancy, religious creed, sexual orientation, medical condition, political affiliation/opinion, Veteran’s status, or disability on the Lease Premises.
5.4. AS-IS. Tenant has had an opportunity to inspect the Lease Premise prior to the Effective Date and accepts it in AS-IS condition without any representations or warranties of any nature or kind whatsoever from Landlord. Tenant assumes all 01425.0029 2020897.1 7/11/2025 7
responsibility and expense of repairing, restoring or fixing the interior and exterior of premises so that they are suitable for the permitted uses.
5.5. Matters of Record. This Lease is subject to all existing easements, covenants, servitudes, licenses, rights-of-way and all matters of record with respect to the Common Area.
6. Maintenance and Repairs.
6.1.Tenant’s Duties.
Lessee shall furnish, during the lease term, at Lessee's sole expense, the following:
a. All building repairs both inside and out, including the roof. Means and methods of repair shall be subject to the approval of the City's Director of Parks and Community Services.
b. All equipment maintenance and replacement including air conditioning units.
Replacement of equipment shall be subject to the approval of the City's Parks and Community Services Director.
c. Inside custodial supplies and services.
Tenant shall, at Tenant’s sole cost and expense, maintain the interior nonstructural portions of the Lease Premises (including doors and glass) in good condition and repair at all times and, upon the expiration or sooner termination of this Lease, surrender the Lease Premises in good condition and repair, reasonable wear and tear excepted. Should Tenant fail to vacate the Lease Premises in a clean and undamaged condition, Landlord may arrange for the cleaning and/or repair of the Lease Premises, the cost of which will promptly be reimbursed by Tenant.
6.2. Landlord’s Duties.
Landlord shall not be required to make repairs necessitated by reason of (1) negligence or willful misconduct of Tenant, or any of Tenant’s staff, volunteers, contractors, invitees, employees, clients or customers; (2) by reason of failure of tenant to perform or observe and promptly report to Landlord any conditions the repair of which are Landlord’s responsibility; or (3) by reason of the failure of Tenant to perform or observe the conditions or agreements in this Lease, or caused by unauthorized alterations, additions or improvements made by Tenant or anyone claiming under Tenant. Tenant shall be solely responsible, at its cost and expense to repair any Tenant caused damage.
01425.0029 2020897.1 7/11/2025 8
6.3. Common Areas. Landlord shall maintain the Common Areas in good condition and repair at all times.
7. Alterations and Additions. Tenant shall not make or suffer to be made any alterations, additions or improvements in, to or about the Lease Premises or any part thereof without the prior written consent of Landlord. Any alterations, additions or improvements in, to or about the Lease Premises including, but not limited to, wall coverings, carpeting, paneling and built-in cabinet work, but excepting Tenant’s movable furniture and trade fixtures, shall, on the expiration of the Term, and any extensions thereof, become a part of the realty and belong to Landlord and shall be surrendered with the Lease Premises.
8. Signs. Tenant shall not place any sign upon the Lease Premises without Landlord’s prior written consent, and as approved by the Parks & Community Services Director.
If Landlord consents to any sign, such sign shall be installed or affixed in the receptacle provided for such sign only. Landlord shall not unreasonably withhold its consent to a reasonable sign which Tenant, at Tenant’s sole cost and expense, may install in compliance with Landlord’s requirements and in compliance with all applicable municipal ordinances. Any damage to the Lease Premises occasioned by the installation, maintenance, or removal of such sign shall be borne by the Tenant.
9. Utilities. Tenant shall pay, before delinquency, for all charges for telephone service and internet, and all other services and utilities used in, upon or about the Lease Premises by Tenant during the entire Lease. Tenant shall also be responsible for arranging such services directly with the utility service providers. No modifications to the Lease Premises (including any installations to the walls or roof) shall be made by Tenant’s service providers without the prior written consent of Landlord. Furthermore, Landlord shall not provide or be responsible for the use of emergency generator services to Tenant.
10. Claims Against Premises. Tenant shall not suffer or permit to be enforced against the Lease Premises, or any part thereof, any mechanic’s, materialman’s, contractor’s or subcontractor’s liens arising from any claim for any work of construction, repair, restoration, replacement or improvement of or to the Lease Premises or any other claim or demand however the same may arise, but Tenant shall pay or cause to be paid any and all such claims or demands before any action is brought to enforce the same against the Lease Premises. Tenant agrees to indemnify and hold Landlord and the Lease Premises free and harmless of all liability for any and all such claims and demands, together with Landlord’s reasonable attorneys’ fees and all costs and expenses in connection with any such claims or liens.
11. Real and Personal Property Taxes. Tenant shall pay, or cause to be paid, before delinquency, any and all taxes levied or assessed and which become payable during the term hereof upon all of Tenant’s possessory interest in and to the Lease Premises, leasehold improvements, equipment, furniture fixtures and personal property located in or about the Lease Premises. Tenant specifically acknowledges 01425.0029 2020897.1 7/11/2025 9
that the interest granted under this Lease may be subject to possessory interest taxes. Tenant agrees that, without prior demand or notice by Landlord, Tenant shall, not less than fifteen (15) days prior to the day upon which any such possessory interest or other such tax is due, provide Landlord with proof of payment of such tax.
12. Rules and Regulations. Tenant shall faithfully observe and comply with all the rules and regulations promulgated by Landlord from time to time. Any additions and modifications to those rules and regulations shall be binding upon Tenant upon delivery of a copy thereof to Tenant.
13. Holding Over. Tenant has no right to retain possession of the Lease Premises or any part thereof beyond the expiration or earlier termination of this Lease. Any holding over after the expiration of the term of this Lease, with the consent of the Landlord shall be a tenancy from month-to-month with Base Rent payable each month. The tenancy is cancelable upon thirty (30) days’ written notice upon the terms and conditions that existed during the last year of the Term.
14. Entry by Landlord. Tenant agrees that representatives of Landlord, as designated by Landlord, shall, during normal business hours, or outside normal business hours in the event of an emergency, have the right to enter the Lease Premises and inspect the same to determine if the same complies with each and every term and condition of this Lease and with all applicable municipal, county, state and federal laws, rules, ordinances and regulations relating to Real Property occupancy and the conduct of Tenant’s business. Tenant waives any claim for damages or for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Lease Premises, and any loss occasioned thereby. For each of the aforementioned purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Lease Premises, excluding Tenant’s vaults, safes and files, and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Lease Premises without liability to Tenant, except for any failure to exercise reasonable care for Tenant’s property. Any entry to the Lease Premises obtained by Landlord by any of said reasons, or otherwise, shall not, under any circumstances, be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Lease Premises, or an eviction of Tenant from the Lease Premises or any portion thereof.
15.Access and Security Obligations of Tenant: Tenant shall have no obligation to perform building opening procedures in the event Tenant enters the Premises concurrently with, or subsequent to, the arrival of Landlord’s personnel during Landlord’s regular business hours, defined as Monday through Friday from 8:00 a.m. to 5:00 p.m. Likewise, Tenant shall have no obligation to perform building closing procedures if Tenant departs the Premises concurrently with, or prior to, the departure of Landlord’s personnel during such regular business hours. 01425.0029 2020897.1 7/11/2025 10
Outside of Landlord’s regular business hours, Tenant shall be solely responsible for performing the following minimum procedures upon entering and exiting the Premises:
a. Accessing the Lease Premises solely through the front entrance lobby door located adjacent to the main parking area;
b. Immediately deactivating the security alarm system upon entry; c. Ensuring that the entrance door remains locked at all times to prevent unauthorized access;
d. Restricting Tenant’s activities, to the extent practicable, to the first-floor administration area of the Premises;
e. Refraining from entering the Recreation Room or other areas beyond the administration area without the prior written consent of Landlord; f. If Tenant is the last person to vacate the administration area of the Lease Premises, ensuring that all copy machines and equipment are powered off, all interior doors within the administration area are properly closed, all exterior doors to the Lease Premises are securely locked, and the security alarm system is activated immediately prior to exiting the Lease Premises.
16. Damage. In the event the Lease Premises are destroyed or damaged by fire or other casualty as to be rendered uninhabitable (“Casualty”), this Lease may be terminated by either party in its sole discretion upon written notice to Tenant within thirty (30) days of such occurrence. If the Lease is not terminated by Landlord or Tenant, Tenant shall be responsible to repair the damage to the Lease Premises and Landlord shall be responsible to repair any damage to the Real Property (other than the Lease Premises) or Common Areas unless such was caused by Tenant or its employees, agents or invitees in which event Tenant shall, at its sole cost and expense repair the damage.
17. Repair of Damage by Landlord. Tenant agrees to notify Landlord in writing promptly of any damage to the Lease Premises resulting from a Casualty, as defined above. If the Lease Premises are damaged by a Casualty or any Common Areas of the Real Property providing access to the Lease Premises are damaged by a Casualty such that Tenant does not have reasonable access to the Lease Premises and neither Landlord nor Tenant has elected to terminate this Lease, Landlord shall promptly and diligently restore such Common Areas to substantially the same condition as existed before the Casualty, except for modifications required by Real Property codes and other laws and except for any other modifications to the Common Areas considered desirable by Landlord. In making these modifications, Landlord shall reasonably endeavor to avoid impairing Tenant’s access to the Lease Premises. Landlord’s obligation to restore is subject to the availability of insurance proceeds and shall further be subject to reasonable delays for insurance adjustments and other matters beyond Landlord’s reasonable control and subject to the other clauses of this Lease. 01425.0029 2020897.1 7/11/2025 11
If Tenant requests that Landlord modify Tenant improvements in connection with the rebuilding, Landlord may condition its consent to those modifications on:
a. Tenant’s payment to Landlord before construction is begun of any sums in excess of the amount of insurance proceeds received by Landlord that are needed to complete the restoration of Tenant improvements; and b. Confirmation by Landlord’s architect or contractor that the modifications will not increase the scope of work or the time necessary to complete Tenant improvements.
18. Waiver of Relocation, Goodwill and Condemnation. Tenant knowingly and voluntarily acknowledges and agrees upon its vacation of the Lease Premises at the end of the Lease term, upon the sooner termination thereof, for any reason or vacation of the Lease Premises under any circumstances, in no event shall Tenant be entitled or shall Landlord, including its employees, agents and assignees, be required to provide any relocation benefits, compensation for loss of goodwill, or assistance under any applicable federal, state or local laws or regulations including without limitation, Uniform Relocation Assistance Laws, California Government Code section 7260, et seq. Further, Tenant being fully informed of any and all of its rights and obligations and all laws and regulations (including without limitation, the Uniform Relocation Assistance Laws, California Government Code section 7260, et seq.) in connection therewith fully waives, releases and rejects any all relocation assistance and benefits relating to or in any respect connected with Tenant vacating the Lease Premises.
Tenant knowingly and voluntarily acknowledges and agrees upon its vacation of the Lease Premises at the end of the Term, upon the sooner termination thereof for any reason, or vacation of the Lease Premises under any circumstances, in no event shall Tenant be entitled or shall Landlord be required to provide any compensation or consideration to Tenant for the leasehold interest of Tenant, improvements pertaining to realty, personal property, fixtures and equipment, pre-condemnation damages, severance damages or interest and litigation expenses, whether based on condemnation, inverse condemnation or any other reason. Upon vacation of the Lease Premises or termination of the Lease, Tenant knowingly waives and surrenders any claims or rights to the leasehold interest, improvements pertaining to realty, personal property, fixtures and equipment, precondemnation damages, severance damages or interest and litigation expenses.
19. Estoppel Certificate. Tenant shall, at any time and from time to time, upon not less than ten (10) days’ prior written notice from Landlord, execute, acknowledge and deliver to Landlord a statement in writing (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect and the date to which the rental and other charges are paid in advance, if any; and (b) acknowledging that there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults on the part of Landlord 01425.0029 2020897.1 7/11/2025 12
hereunder, or specifying such defaults if any are claimed. Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of which the Lease Premises are a part.
20. Assignment and Subletting. Tenant shall not assign or transfer this Lease or any right hereunder to any other party or parties, nor shall Tenant sublet all or any portion of the Lease Premises without first obtaining the written consent of Landlord which Landlord may withhold in its sole and absolute discretion. Any transfer, assignment or subletting of the Lease Premises without such prior written consent shall be void for all purposes. Consent to any such transfer, assignment or subletting shall be at Landlord’s sole discretion.
Indemnification. Tenant shall indemnify, defend, and hold harmless the Landlord, its officers, employees, agents and volunteers (“Landlord indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Tenant’s performance of its obligations under this agreement or out of the operations conducted by Tenant, except for such loss or damage arising from the sole negligence or willful misconduct of the Landlord. In the event the Landlord indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Tenant’s performance of this agreement, the Tenant shall provide a defense to the Landlord indemnitees, or at the Landlord’s option, reimburse the Landlord indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.
21.Insurance. Tenant shall procure and maintain for the duration of the agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Tenant’s operation and use of the Facilities. The cost of insurance shall be borne by the Tenant. Should Tenant reserve common areas of the facility for its sole use , Landlord reserves the right to require specific event insurance separate and above the below requirements based on the nature of the event, anticipated number of participants, and planned activities. a. Minimum Scope and Limits of Insurance. Tenant shall maintain limits no less than:
i. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury, and sexual abuse and molestation coverage with limits no less than $3,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit. CGL policies shall be endorsed to provide that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
ii. Automobile Liability: $2,000,000 per accident for bodily injury or property damage at lease as broad as ISO Form CA 00 01 including coverage for any 01425.0029 2020897.1 7/11/2025 13
owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
iii. Worker’s Compensation as required by the State of California. iv. $1,000,000 Employer’s Liability per accident for bodily injury or disease. b. Maintenance of Coverage
Tenant shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Tenant, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.
c. Proof of Insurance
Tenant shall provide to the Landlord certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the Landlord before commencement of performance. Current evidence of insurance shall be kept on file with the Landlord at all times during the term of this Agreement. The Agency reserves the right to require complete, certified copies of all required insurance policies, at any time. d. Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide. e. Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the Landlord, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Tenant, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Tenant hereby waives its own right of recovery against the Landlord and shall require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors. f. Enforcement of Contract Provisions (non estoppel)
Tenant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Tenant of non-compliance with any requirement imposes no additional obligations on the Landlord, nor does it waive any rights hereunder. 01425.0029 2020897.1 7/11/2025 14
g. Specifications not Limiting
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Tenant maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Tenant.
h. Notice of Cancellation
Tenant agrees to oblige its insurance agent or broker and insurers to provide to the Landlord with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage.
i. Self-insured Retentions
Any self-insured retentions must be declared to and approved by the Landlord. The Landlord reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager. j. Timely Notice of Claims
Tenant shall give the Landlord prompt and timely notice of claims made or suits instituted that arise out of or result from Tenant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. k. Additional Insurance
Tenant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.
22. Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. The failure by Tenant to make any payment of Base Rent or any other payment required hereunder to Landlord within five (5) days after written notice from Landlord of Tenant’s failure to pay any such obligation when due under this Lease.
b. Use of Lease Premises for any purpose other than as authorized in this Lease;
c. Vacating or abandonment of the Lease Premises by Tenant; 01425.0029 2020897.1 7/11/2025 15
d. Failure to provide insurance in accordance with Section 21; e. A failure by Tenant to observe or perform any covenants, conditions or provisions of this Lease (other than payment of money), if the failure to perform is not cured within thirty (30) days of receiving written notice of the default from the Landlord. If the default cannot be reasonably cured within thirty (30) days, Tenant shall not be in default of this Lease if Tenant commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default.
f. The making by Tenant of any general assignment for the benefit of creditors, g. Filing of a voluntary petition in bankruptcy or the adjudication of Tenant as bankrupt.
h. Appointment of a receiver to take possession of all or substantially all the assets of Tenant located at the Lease Premises or of Tenant’s leasehold interest in the Lease Premises.
i. Filing by any creditor of the Tenant of an involuntary petition in bankruptcy which is not dismissed within sixty (60) days after filing.
j. Attachment, execution or other judicial seizure of all or substantially all of the assets of Tenant or Tenant’s leasehold where such an attachment, execution or seizure is not discharged within sixty (60) days.
Any notice required to be given by Landlord under this Section 22 shall be in lieu of and not in addition to any notice required under Section 1161 of the California Code of Civil Procedure.
23. Remedies on Default. In the event of any such material default or breach by Tenant, Landlord may at any time thereafter and without notice or demand and, without limiting Landlord in the exercise of a right or remedy Landlord may have by reason of such default or breach:
a. Termination of Lease or Tenant’s right to possession of the Lease Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Lease Premises to Landlord. In such event, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default including, but not limited to, the cost of recovering possession of the Lease Premises, expenses of reletting, including necessary renovation and alteration of the Lease Premises, for reasonable attorneys’ fees and costs, any real estate commission actually paid, or the worth at the time of the award of the unpaid rent which had been earned at the time of the termination; the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of 01425.0029 2020897.1 7/11/2025 16
award exceeds the amount of such rent that Lessee proves could have been reasonably avoided; and any other amount necessary to compensate the Landlord for all the detriment proximately caused by the Tenant’s failure to perform Tenant’s obligations under this Lease.
b. Maintain Tenant’s right to possession, in which case this Lease shall continue in effect whether or not Tenant shall be entitled to enforce all of Landlord’s rights and remedies under this Lease, including the right to recover Rent as it becomes due hereunder.
c. Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the State of California. Furthermore, Tenant agrees that no election by Landlord as to any rights or remedies available hereunder or pursuant to any law or judicial decisions of the State of California shall be binding upon Landlord until the time of trial of any such action or proceeding. d. Take custody of all personal property owned by Tenant on the Premises and to dispose of the personal property and to apply the proceeds from any sale of that property to Tenant’s obligations under this Lease.
24. Waiver. The waiver by Landlord of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition on any subsequent breach of the same or any other term, covenant or condition herein contained. Acceptance of late payment of Base Rent by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord’s knowledge of such preceding breach at the time of acceptance of such Base Rent.
25. Surrender of Leased Premises. Upon expiration or termination of this Lease, Tenant shall deliver to Landlord physical possession of the Lease Premises and the Leased Personal Property in good condition and repair, reasonable wear and tear.
26. Time. Time is of the essence of this Lease and each and all of its provisions.
27. Inability to Perform. This Lease and the obligations of Tenant hereunder shall not be affected or impaired because Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, war, civil insurrection, acts of God, or any other cause beyond the reasonable control of Landlord.
28. Sale of Premises by Landlord. In the event of any sale of the Lease Premises, Landlord shall be and hereby is entirely freed and relieved of all liability under any and all of the covenants and obligations contained in or derived from this Lease arising out of any act, occurrence or omission occurring after the consummation of such sale. The purchaser, at such sale or any subsequent sale of the Lease Premises, shall be deemed, without any further agreements between the parties or 01425.0029 2020897.1 7/11/2025 17
their successors in interest or between the parties and any such purchaser, to have assumed and agreed to carry out each and all of the covenants and obligations of Landlord under this Lease.
29. Successors. The covenants herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all the Parties hereto, and each and all, including the Party making the assignment, shall be jointly and severally liable hereunder.
30. Notices. Any notices, demands or communications under this Agreement between the parties shall be in writing, and may be given by (i) personal service, (ii) overnight delivery, or (iii) mailing via United States mail, certified mail, postage prepaid, return receipt requested, addressed to each party as set forth below or such other address as may be furnished in writing by a party, and such notice or communication shall, if properly addressed, be deemed to have been given (a) as of the date so delivered under delivery methods (i) or (ii) above, or (b) three (3) business days after deposit into the U.S. Mail.
Tenant: Todd Lile
Madera Unified School District
1902 Howard Rd.
Madera, CA 93637
(559) 675-4500
[email protected]
Landlord: Arnoldo Rodriguez
City of Madera
205 W 4th Street
Madera, CA 93637
(559) 661-5402
[email protected]
Copy to: Parks & Community Services Director
701 E 5th Street
Madera, CA 93638
31. Execution by Landlord Not a Waiver. Tenant understands and agrees that Landlord, by entering into and executing this Lease, shall not have waived any right, duty, privilege, obligation or authority vested in Landlord with respect to the Lease Premises to approve, disapprove or conditionally approve any application which Tenant may be required to make under any laws, rules, ordinances or regulations now or hereafter in effect which said Landlord may be empowered to apply including, but not limited to, any use permit or approval, whether similar in nature or not.
01425.0029 2020897.1 7/11/2025 18
32. Entire Agreement. This Lease contains the entire agreement between the parties.
No promise, representation, warranty, or covenant not included in this Lease has been or is relied on by either party. Each party has relied on his own examination of this Lease, the counsel of his own advisors, and the warranties, representations, and covenants in the Lease itself. The failure or refusal of either party to inspect the Lease Premises or improvements, to read the Lease or other documents or to obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection, or advice.
33. Construction. This Lease shall be construed according to its fair meaning as if prepared by both parties. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
34. Attorneys’ Fees. In the event that any action or proceeding is brought by either party to enforce any term or provision of this Lease, the prevailing party shall recover its reasonable attorneys’ fees and costs incurred with respect thereto.
35. Authority of Parties. Each individual executing this Lease on behalf of Tenant represents and warrants that he or she is fully authorized to execute and deliver this Lease on behalf of Tenant and that this Lease is binding upon Tenant in accordance with its terms.
36. Governing Law. This Lease shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California.
37. Jurisdiction. If any legal action is necessary to enforce the terms and conditions of this Agreement, the parties agree that a court of competent jurisdiction in the County of Madera shall be the sole venue and jurisdiction for the bringing of such action.
38. Severability. If any paragraph, section, sentence, clause, or phrase contained in this Lease shall become illegal, null or void, against public policy, or otherwise unenforceable, for any reason, or held by any court of competent jurisdiction to be illegal, null or void, against public policy, or otherwise unenforceable, the remaining paragraphs, sections, sentences, clauses or phrases contained in the Lease shall not be affected thereby.
39. Interest. Any sum due to the Landlord under this Lease shall bear simple interest from and after its due date at a rate equal to ten percent (10%) per month until paid to Landlord, but no in excess of the maximum rate permitted by law.
40. Amendment or Modification. Any modification or amendment of any provision of this Agreement must be in writing executed by both Parties and approved by the Landlord in accordance with applicable law.
41. Counterparts. This Agreement may be executed in any number of counterparts, 01425.0029 2020897.1 7/11/2025 19
each of which shall be deemed an original but all of which shall be deemed but one and the same instrument, and a facsimile copy of such execution shall be deemed an original.
42. Non-Discrimination: Tenant herein covenants by and for Tenant, Tenant’s successors, heirs, executors, administrators and assigns, and all persons claiming under or through Tenant, and this Lease is made and accepted upon and subject to the following conditions: that there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the use, occupancy, tenure or enjoyment of the Lease Premises.
43. Acknowledgment: Each Party acknowledges that they have read and fully understand the contents of this Lease and have had an opportunity to consult with an attorney regarding the same. This Lease represents the entire and integrated agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations and agreements, either written or oral.
NOW, THEREFORE, the parties hereto have entered into the Lease as of the Lease Date.
01425.0029 2020897.1 7/11/2025 20
TENANT: LANDLORD:
MADERA UNIFIED SCHOOL
DISTRICT
By: __________________________
Printed Name: _________________
CITY OF MADERA
a municipal corporation
By: _____________________________
Cecelia K. Gallegos, MAYOR
Dated: ________________
ATTEST:
By: ______________________________
Alicia Gonzalez, City Clerk
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
By:_______________________________
Shannon Chaffin
City Attorney
01425.0029 2020897.1 7/11/2025 1
Exhibit A
Real Property Located at 701 E. 5th Street, Madera, CA 93638 Furniture is included in the Lease.
01425.0029 2020897.1 7/11/2025 2
Exhibit B
Tenant agrees to abide by the terms of use for common areas as described herein and to adhere to City of Madera Parks and Community Services procedures for communication and scheduling.
1. Restricted use, Landlord only
2. Use permitted with pre-approval and scheduling from Parks and Community Service Staff.
3. Unrestricted Tenant use within City Guidelines.
Use of Common Areas 1st Floor
01425.0029 2020897.1 7/11/2025 3
Use of Common Areas 2nd Floor
ATTACHMENT 2
Adopt a Resolution Approving a Two-Year Lease Agreement between the City of Madera and California Teaching Fellows Foundation for the Occupation and Use of Facilities at the John Wells Youth Center
Exhibit 1 – Agreement
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA APPROVING A TWO-YEAR LEASE AGREEMENT BETWEEN
THE CITY OF MADERA AND CALIFORNIA TEACHING FELLOWS
FOUNDATION FOR OCCUPATION AND USE OF FACILITIES AT THE JOHN W. WELLS YOUTH CENTER
WHEREAS, the City of Madera (City) owns and operates the John W. Wells Youth Center (JWYC) located at 701 East 5th Street; and
WHEREAS, California Teaching Fellows Foundation (CTFF) has requested to continue leasing office space at the JWYC; and
WHERAS, the JWYC is a 25,000 square foot recreation center featuring a full gymnasium, game lounge, crafts center, library, dance room, music studio, and teen lounge; and WHEREAS, provisions were made in the planning, design, and construction of the JWYC for office, meeting, and workspace that could be made available to non-City agencies, such as a Co-Locator; and
WHEREAS, CTFF provides support to Madera Unified School District with the district-wide after-school program;
WHEREAS, there are no monthly lease agreement fees associated; and WHEREAS, the Lease Agreement would be in place for the extent of two years, from August 24, 2025, through August 24, 2027;
WHEREAS, the Co-Locator Lease Agreement is in the best interest of the City, CTFF, and the residents of Madera.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA, finds, orders and resolves as follows:
1. The above recitals are true and correct.
2. The City Council approves the Lease Agreement with the California Teaching Fellows Foundation for occupation and use of facilities at the John W. Wells Youth Center, which is attached hereto as Exhibit 1 and incorporated by reference.
3. This Resolution is effective immediately upon adoption. ****************
01425.0001 2020855.1 7/11/2025 1
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Attention: City Clerk
205 W 4th Street
Madera, CA 93637
APN. [SPACE ABOVE FOR RECORDER’S USE ONLY]
Exempt from filing/recording fees per Govt. Code §27383
LEASE AGREEMENT
This Lease Agreement (“Lease”) is made and entered into on this ___ day of ________, 2025 (“Lease Date”), by and between the CITY OF MADERA, a municipal corporation (“Landlord” or “City”) and CALIFORNIA TEACHING FELLOWS FOUNDATION (“Tenant”). Landlord and Tenant are sometimes individually referred to as a “Party” and jointly as the “Parties.”
RECITALS:
A. Landlord owns that certain real property located at 701 E. 5th Street in Madera, CA, commonly referred to as John W. Wells Youth Center (“Center”), which is legally described on Exhibit A attached hereto and incorporated herein by reference (“Real Property”).
B. The primary function of the Center is to provide space for recreational and educational programming that benefits young residents of City and their families.
C. Provisions were made in the planning, design, and construction of the Center for office, meeting, and workspace that could be made available to non-City agencies such as Tenant providing desired services to youth in the City.
D. Said Tenant shall provide direct services, programming, advocacy, or other activities that benefit the youth of the City.
E. Tenant desires to lease from Landlord and Landlord desires to lease to Tenant a portion of the Real Property pursuant to the terms set forth herein. Tenant has requested use of portions of the Real Property with Madera Unified School District.
NOW, THEREFORE, the parties agree as follows:
1. Lease Premises; Statutory Notice.
1.1. Lease Premises. Subject to the terms of this Lease, Landlord hereby Leases to Tenant and Tenant hereby leases from Landlord, for Tenant’s use (in conjunction with Madera Unified School District) (i) that portion within the Real Property as depicted on Exhibit B attached hereto consisting of the building 01425.0001 2020855.1 7/11/2025 2
space located at 701 E. 5th Street, Madera, CA (“Lease Premises). The Lease Premises include, and as indicated on Exhibit A:
a. 1 Admin Area, Suite 106, for a total of 158.97 square feet described more particularly in the Property Location.
b. 1 enclosed office, Suite 108, for a total of 245.19 square feet described more particularly in the Property Location.
c. 1 enclosed office, Suite 109, for a total of 200 square feet described more particularly in the Property Location.
d. 1 enclosed office, Suite 115, for a total of 170 square feet described more particularly in the Property Location.
e. 1 enclosed office, Suite 116, for a total of 170 square feet described more particularly in the Property Location.
In addition, the rental includes shared or conditional use of certain other facilities of the Center as specified in the Use of Common Areas 1st Floor (“Exhibit B”).
1.2. Common Areas. Excluding the Lease Premises, the portions of the Real Property such as the recreation room, library, teen lounge, dan studio, crafts center, gymnasium, entry foyer, conference room, and other areas described in Exhibit B. (“Common Areas.”)
1.3. Reserved Rights. Landlord shall have the right from time to time, in Landlord’s sole discretion, to do any of the following without Tenant’s consent but on not less than twenty-four (24) hours’ notice to Tenant:
i. To temporarily close any of the Common Areas for maintenance purposes, so long as reasonable access to the Lease Premises remains available;
ii. To use the Common Areas while engaged in making additional improvements, repairs, or alterations to the Lease Premises, or other portions of the Real Property; and
iii. To do or perform such other acts or make such other changes in, to or with respect to the Common Areas as Landlord may, in the exercise of its reasonable judgment, deem to be appropriate.
1.4. Parking. During the term of this Lease, Lessee shall have the non-exclusive use in common with Landlord, the public, other tenants of the building and their guests and invitees, of the non-reserved common automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord. Landlord reserves the right to designate parking areas adjacent to the Leased Premises or in reasonable proximity thereto, for Lessee and Lessee's agents and employees. Landlord reserves the sole right to designate specific parking spaces for vendors, visitors, clients, ADA accessibility, and other uses as the Landlord sees fit. 01425.0001 2020855.1 7/11/2025 3
There is no long-term or permanent parking of any vehicles permitted. Landlord will not be responsible for any damage or theft to cars parked on the premises at any time.
1.5. Statutory Disclosure Notice. Pursuant to California Civil Code Section 1938, Tenant is advised that the Lease Premises has not undergone inspection by a Certified Access Specialist (CASp) and, therefore, Landlord is not aware if the Lease Premises complies with the applicable construction-related accessibility standards pursuant to Civil Code Section 55.53.
2. Term; Right to Terminate.
2.1. Term. This Lease shall commence on August 24, 2025 (“Effective Date”) and be in place for a total of twenty-four (24) months, through August 24, 2027. (“Term”)
2.2. Landlord’s Right to Terminate. At anytime, with or without cause, Landlord may terminate this Lease upon thirty (30) days written notice. Tenant shall surrender the Lease Premises in the condition described herein (Section 24) and Tenant shall not be eligible for moving or relocation expenses.
Tenant acknowledges that its occupancy is contingent upon the Madera Unified School District’s Lease Agreement with the City, and payment by the District of rent thereunder. Accordingly, Tenant shall be required to vacate the Leased Premises within thirty (30) days upon: (i) termination or expiration of the Madera Unified School District’s lease with the City, regardless of cause; (ii) any failure by Madera Unified School District to pay rent or other amounts; or (iii) Madera Unified School District’s eviction from the Lease Premises for any reason.
Tenant waives any right to remain in possession beyond such thirty (30)-day period and shall surrender the Lease Premises without further demand.
2.3. Recordation. Within ten (10) business days of the execution and acknowledgement of this Lease by both parties, Landlord shall cause a copy of this Lease to be recorded in the Official Records of Madera County (“Official Records”) pursuant to Government Code Section 37393. Upon termination or exercise of any rights under this Lease or an amendment of this Lease, the parties shall record a copy thereof in the Official Records. Upon termination of the Lease, Tenant shall promptly execute, acknowledge and deliver to Landlord any documents reasonably requested by Landlord in order to terminate the Lease in the Official Records.
3. Rent. Tenant acknowledges that its occupancy is contingent upon the Madera Unified School District’s Lease Agreement with the City. Tenant’s rent obligations are being satisfied by the Madera Unified School District (“District”) payment of rent to Landlord. If the District fails to pay rent, or that Lease Agreement otherwise expires or is terminated, Tenant shall vacate the premises as set forth in Section 2 of this Agreement.
01425.0001 2020855.1 7/11/2025 4
4. [Omitted].
5. Use of Premises.
5.1. Use. Tenant shall only use the Lease Premises for activities related to the education, recreation, or well-being of the City’s youth and/or their families in accordance with the mission and purpose of the John W. Wells Youth Center.
The City agrees to allow Tenant’s use of the leased Facilities described herein, and reasonable use of the common areas as described in Exhibit B. Reasonable use shall be determined by the sole judgment of the City.
Tenant acknowledges that the Leased Premises are shared with the Madera Unified School District, and therefore, the Tenant's use shall be coordinated by Tenant to ensure compatibility with the Madera Unified School District's occupancy and activities.
Any other use of the leased Facilities, common areas, or grounds of the Center, including the Centennial Pool Complex and Centennial Park, must be preapproved by the Director of Parks and Community Services, and shall be immediately terminated upon notice from the Director.
5.2. Compliance with Law. Tenant shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances and other governmental rules, regulations or requirements now in force or which may hereinafter be enacted or promulgated, relating to, or affecting Tenant’s use or occupancy of the Lease Premises.
5.3. Prohibitions. Tenant shall not do or permit anything to be done in or about the Lease Premises which will in any way obstruct or interfere with the rights of other parties, Landlord’s use of the Building, or injure or annoy them or use or allow or permit the Lease Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant shall not cause, maintain or permit any nuisance in or about the Lease Premises, nor commit or suffer to be committed any waste or storage of any environmental hazardous materials in or upon the Lease Premises. Tenant shall not do or permit anything to be done in or about the Lease Premises, nor bring or keep anything therein, which will in any way increase the existing rate of or affect any fire or other insurance upon the Lease Premises, or part thereof, or the contents of the Lease Premises, or cause cancellation of any insurance policy covering the Lease Premises, or part thereof, or its contents.
Tenant shall not allow any animals on the Premises except service dogs as defined in federal and state law.
Tenant shall not permit smoking or vaping inside any area of the Lease Premises. Persons wishing to smoke outside shall do so at a minimum of 01425.0001 2020855.1 7/11/2025 5
twenty (20) feet distance from any Lease Premises entrance, exit and operable window – assuming that smoking is not otherwise prohibited by any federal, state, or local law including the City of Madera Municipal Code as may be amended. Persons wishing to smoke are responsible for disposing of cigarette butts in an appropriate receptacle.
Tenant and their employees are advised of their responsibility to maintain direct supervision of any and all minor children present at their Lease Premises.
Tenant and their employees are expressly prohibited from using, allowing to be used or bringing any illegal drug or narcotic (under either Federal or state law) onto Lease Premises. In the interest of safety, anyone known to be under the influence of drugs and/or alcohol must be asked to, and shall, leave the Lease Premises immediately.
Tenant and their employees shall not permit in any activity on Lease Premises that is in violation of Local, State, or Federal law, or City administrative policy.
Tenant and their employees shall not permit profit making or fundraising activities on Lease Premises without prior approval and consent of the City.
Tenant and their employees shall not permit political activities of any kind on Lease Premises.
Tenant and their employees shall not permit activities that may damage any finish, surface, landscape, fixture, or equipment on the Lease Premises.
Tenant and their employees shall not permit storing, manufacturing, or selling any inherently dangerous or illegal substances, chemicals, things, or devices on the Lease Premises.
Tenant and their employees shall not permit any activity or practice that discriminates on the basis of gender, sex, race, color, ethnicity, ancestry, national origin, age, marital status, pregnancy, religious creed, sexual orientation, medical condition, political affiliation/opinion, Veteran’s status, or disability on the Lease Premises.
5.4. AS-IS. Tenant has had an opportunity to inspect the Lease Premise prior to the Effective Date and accepts it in AS-IS condition without any representations or warranties of any nature or kind whatsoever from Landlord. Tenant assumes all responsibility and expense of repairing, restoring or fixing the interior and exterior of premises so that they are suitable for the permitted uses.
5.5. Matters of Record. This Lease is subject to all existing easements, covenants, servitudes, licenses, rights-of-way and all matters of record with respect to the Common Area.
6. Maintenance and Repairs.
01425.0001 2020855.1 7/11/2025 6
6.1.Tenant’s Duties.
Lessee shall furnish, during the lease term, at Lessee's sole expense, the following:
a. All building repairs both inside and out, including the roof. Means and methods of repair shall be subject to the approval of the City's Director of Parks and Community Services.
b. All equipment maintenance and replacement including air conditioning units.
Replacement of equipment shall be subject to the approval of the City's Parks and Community Services Director.
c. Inside custodial supplies and services.
Tenant shall, at Tenant’s sole cost and expense, maintain the interior nonstructural portions of the Lease Premises (including doors and glass) in good condition and repair at all times and, upon the expiration or sooner termination of this Lease, surrender the Lease Premises in good condition and repair, reasonable wear and tear excepted. Should Tenant fail to vacate the Lease Premises in a clean and undamaged condition, Landlord may arrange for the cleaning and/or repair of the Lease Premises, the cost of which will promptly be reimbursed by Tenant.
6.2. Landlord’s Duties.
Landlord shall not be required to make repairs necessitated by reason of (1) negligence or willful misconduct of Tenant, or any of Tenant’s staff, volunteers, contractors, invitees, employees, clients or customers; (2) by reason of failure of tenant to perform or observe and promptly report to Landlord any conditions the repair of which are Landlord’s responsibility; or (3) by reason of the failure of Tenant to perform or observe the conditions or agreements in this Lease, or caused by unauthorized alterations, additions or improvements made by Tenant or anyone claiming under Tenant. Tenant shall be solely responsible, at its cost and expense to repair any Tenant caused damage.
6.3. Common Areas. Landlord shall maintain the Common Areas in good condition and repair at all times.
7. Alterations and Additions. Tenant shall not make or suffer to be made any alterations, additions or improvements in, to or about the Lease Premises or any part thereof without the prior written consent of Landlord. Any alterations, additions or improvements in, to or about the Lease Premises including, but not limited to, wall 01425.0001 2020855.1 7/11/2025 7
coverings, carpeting, paneling and built-in cabinet work, but excepting Tenant’s movable furniture and trade fixtures, shall, on the expiration of the Term, and any extensions thereof, become a part of the realty and belong to Landlord and shall be surrendered with the Lease Premises.
8. Signs. Tenant shall not place any sign upon the Lease Premises without Landlord’s prior written consent, and as approved by the Parks & Community Services Director.
If Landlord consents to any sign, such sign shall be installed or affixed in the receptacle provided for such sign only. Landlord shall not unreasonably withhold its consent to a reasonable sign which Tenant, at Tenant’s sole cost and expense, may install in compliance with Landlord’s requirements and in compliance with all applicable municipal ordinances. Any damage to the Lease Premises occasioned by the installation, maintenance, or removal of such sign shall be borne by the Tenant.
9. Utilities. Tenant shall pay, before delinquency, for all charges for telephone service and internet, and all other services and utilities used in, upon or about the Lease Premises by Tenant during the entire Lease. Tenant shall also be responsible for arranging such services directly with the utility service providers. No modifications to the Lease Premises (including any installations to the walls or roof) shall be made by Tenant’s service providers without the prior written consent of Landlord. Furthermore, Landlord shall not provide or be responsible for the use of emergency generator services to Tenant.
10. Claims Against Premises. Tenant shall not suffer or permit to be enforced against the Lease Premises, or any part thereof, any mechanic’s, materialman’s, contractor’s or subcontractor’s liens arising from any claim for any work of construction, repair, restoration, replacement or improvement of or to the Lease Premises or any other claim or demand however the same may arise, but Tenant shall pay or cause to be paid any and all such claims or demands before any action is brought to enforce the same against the Lease Premises. Tenant agrees to indemnify and hold Landlord and the Lease Premises free and harmless of all liability for any and all such claims and demands, together with Landlord’s reasonable attorneys’ fees and all costs and expenses in connection with any such claims or liens.
11. Real and Personal Property Taxes. Tenant shall pay, or cause to be paid, before delinquency, any and all taxes levied or assessed and which become payable during the term hereof upon all of Tenant’s possessory interest in and to the Lease Premises, leasehold improvements, equipment, furniture fixtures and personal property located in or about the Lease Premises. Tenant specifically acknowledges that the interest granted under this Lease may be subject to possessory interest taxes. Tenant agrees that, without prior demand or notice by Landlord, Tenant shall, not less than fifteen (15) days prior to the day upon which any such possessory interest or other such tax is due, provide Landlord with proof of payment of such tax.
12. Rules and Regulations. Tenant shall faithfully observe and comply with all the rules and regulations promulgated by Landlord from time to time. Any additions and 01425.0001 2020855.1 7/11/2025 8
modifications to those rules and regulations shall be binding upon Tenant upon delivery of a copy thereof to Tenant.
13. Holding Over. Tenant has no right to retain possession of the Lease Premises or any part thereof beyond the expiration or earlier termination of this Lease. Any holding over after the expiration of the term of this Lease, with the consent of the Landlord shall be a tenancy from month-to-month with Base Rent payable each month. The tenancy is cancelable upon thirty (30) days’ written notice upon the terms and conditions that existed during the last year of the Term.
14. Entry by Landlord. Tenant agrees that representatives of Landlord, as designated by Landlord, shall, during normal business hours, or outside normal business hours in the event of an emergency, have the right to enter the Lease Premises and inspect the same to determine if the same complies with each and every term and condition of this Lease and with all applicable municipal, county, state and federal laws, rules, ordinances and regulations relating to Real Property occupancy and the conduct of Tenant’s business. Tenant waives any claim for damages or for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Lease Premises, and any loss occasioned thereby. For each of the aforementioned purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Lease Premises, excluding Tenant’s vaults, safes and files, and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Lease Premises without liability to Tenant, except for any failure to exercise reasonable care for Tenant’s property. Any entry to the Lease Premises obtained by Landlord by any of said reasons, or otherwise, shall not, under any circumstances, be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Lease Premises, or an eviction of Tenant from the Lease Premises or any portion thereof.
15. Access and Security Obligations of Tenant: Tenant shall have no obligation to perform building opening procedures in the event Tenant enters the Premises concurrently with, or subsequent to, the arrival of Landlord’s personnel during Landlord’s regular business hours, defined as Monday through Friday from 8:00 a.m. to 5:00 p.m. Likewise, Tenant shall have no obligation to perform building closing procedures if Tenant departs the Premises concurrently with, or prior to, the departure of Landlord’s personnel during such regular business hours.
Outside of Landlord’s regular business hours, Tenant shall be solely responsible for performing the following minimum procedures upon entering and exiting the Premises:
a. Accessing the Lease Premises solely through the front entrance lobby door located adjacent to the main parking area;
b. Immediately deactivating the security alarm system upon entry; 01425.0001 2020855.1 7/11/2025 9
c. Ensuring that the entrance door remains locked at all times to prevent unauthorized access;
d. Restricting Tenant’s activities, to the extent practicable, to the first-floor administration area of the Premises;
e. Refraining from entering the Recreation Room or other areas beyond the administration area without the prior written consent of Landlord; f. If Tenant is the last person to vacate the administration area of the Lease Premises, ensuring that all copy machines and equipment are powered off, all interior doors within the administration area are properly closed, all exterior doors to the Lease Premises are securely locked, and the security alarm system is activated immediately prior to exiting the Lease Premises.
16. Damage. In the event the Lease Premises are destroyed or damaged by fire or other casualty as to be rendered uninhabitable (“Casualty”), this Lease may be terminated by either party in its sole discretion upon written notice to Tenant within thirty (30) days of such occurrence. If the Lease is not terminated by Landlord or Tenant, Tenant shall be responsible to repair the damage to the Lease Premises and Landlord shall be responsible to repair any damage to the Real Property (other than the Lease Premises) or Common Areas unless such was caused by Tenant or its employees, agents or invitees in which event Tenant shall, at its sole cost and expense repair the damage.
17. Repair of Damage by Landlord. Tenant agrees to notify Landlord in writing promptly of any damage to the Lease Premises resulting from a Casualty, as defined above. If the Lease Premises are damaged by a Casualty or any Common Areas of the Real Property providing access to the Lease Premises are damaged by a Casualty such that Tenant does not have reasonable access to the Lease Premises and neither Landlord nor Tenant has elected to terminate this Lease, Landlord shall promptly and diligently restore such Common Areas to substantially the same condition as existed before the Casualty, except for modifications required by Real Property codes and other laws and except for any other modifications to the Common Areas considered desirable by Landlord. In making these modifications, Landlord shall reasonably endeavor to avoid impairing Tenant’s access to the Lease Premises. Landlord’s obligation to restore is subject to the availability of insurance proceeds and shall further be subject to reasonable delays for insurance adjustments and other matters beyond Landlord’s reasonable control and subject to the other clauses of this Lease.
If Tenant requests that Landlord modify Tenant improvements in connection with the rebuilding, Landlord may condition its consent to those modifications on:
a. Tenant’s payment to Landlord before construction is begun of any sums in excess of the amount of insurance proceeds received by Landlord that are needed to complete the restoration of Tenant improvements; and 01425.0001 2020855.1 7/11/2025 10
b. Confirmation by Landlord’s architect or contractor that the modifications will not increase the scope of work or the time necessary to complete Tenant improvements.
18. Waiver of Relocation, Goodwill and Condemnation. Tenant knowingly and voluntarily acknowledges and agrees upon its vacation of the Lease Premises at the end of the Lease term, upon the sooner termination thereof, for any reason or vacation of the Lease Premises under any circumstances, in no event shall Tenant be entitled or shall Landlord, including its employees, agents and assignees, be required to provide any relocation benefits, compensation for loss of goodwill, or assistance under any applicable federal, state or local laws or regulations including without limitation, Uniform Relocation Assistance Laws, California Government Code section 7260, et seq. Further, Tenant being fully informed of any and all of its rights and obligations and all laws and regulations (including without limitation, the Uniform Relocation Assistance Laws, California Government Code section 7260, et seq.) in connection therewith fully waives, releases and rejects any all relocation assistance and benefits relating to or in any respect connected with Tenant vacating the Lease Premises.
Tenant knowingly and voluntarily acknowledges and agrees upon its vacation of the Lease Premises at the end of the Term, upon the sooner termination thereof for any reason, or vacation of the Lease Premises under any circumstances, in no event shall Tenant be entitled or shall Landlord be required to provide any compensation or consideration to Tenant for the leasehold interest of Tenant, improvements pertaining to realty, personal property, fixtures and equipment, pre-condemnation damages, severance damages or interest and litigation expenses, whether based on condemnation, inverse condemnation or any other reason. Upon vacation of the Lease Premises or termination of the Lease, Tenant knowingly waives and surrenders any claims or rights to the leasehold interest, improvements pertaining to realty, personal property, fixtures and equipment, precondemnation damages, severance damages or interest and litigation expenses.
19. Estoppel Certificate. Tenant shall, at any time and from time to time, upon not less than ten (10) days’ prior written notice from Landlord, execute, acknowledge and deliver to Landlord a statement in writing (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect and the date to which the rental and other charges are paid in advance, if any; and (b) acknowledging that there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed. Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of which the Lease Premises are a part.
20. Assignment and Subletting. Tenant shall not assign or transfer this Lease or any right hereunder to any other party or parties, nor shall Tenant sublet all or any portion of the Lease Premises without first obtaining the written consent of Landlord which 01425.0001 2020855.1 7/11/2025 11
Landlord may withhold in its sole and absolute discretion. Any transfer, assignment or subletting of the Lease Premises without such prior written consent shall be void for all purposes. Consent to any such transfer, assignment or subletting shall be at Landlord’s sole discretion.
Indemnification. Tenant shall indemnify, defend, and hold harmless the Landlord, its officers, employees, agents and volunteers (“Landlord indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Tenant’s performance of its obligations under this agreement or out of the operations conducted by Tenant, except for such loss or damage arising from the sole negligence or willful misconduct of the Landlord. In the event the Landlord indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Tenant’s performance of this agreement, the Tenant shall provide a defense to the Landlord indemnitees, or at the Landlord’s option, reimburse the Landlord indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.
21.Insurance. Tenant shall procure and maintain for the duration of the agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Tenant’s operation and use of the Facilities. The cost of insurance shall be borne by the Tenant. Should Tenant reserve common areas of the facility for its sole use , Landlord reserves the right to require specific event insurance separate and above the below requirements based on the nature of the event, anticipated number of participants, and planned activities. a. Minimum Scope and Limits of Insurance. Tenant shall maintain limits no less than:
i. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury, and sexual abuse and molestation coverage with limits no less than $3,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit. CGL policies shall be endorsed to provide that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
ii. Automobile Liability: $2,000,000 per accident for bodily injury or property damage at lease as broad as ISO Form CA 00 01 including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
iii. Worker’s Compensation as required by the State of California. iv. $1,000,000 Employer’s Liability per accident for bodily injury or disease. 01425.0001 2020855.1 7/11/2025 12
b. Maintenance of Coverage
Tenant shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Tenant, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.
c. Proof of Insurance
Tenant shall provide to the Landlord certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the Landlord before commencement of performance. Current evidence of insurance shall be kept on file with the Landlord at all times during the term of this Agreement. The Agency reserves the right to require complete, certified copies of all required insurance policies, at any time. d. Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide. e. Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the Landlord, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Tenant, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Tenant hereby waives its own right of recovery against the Landlord and shall require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors. f. Enforcement of Contract Provisions (non estoppel)
Tenant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Tenant of non-compliance with any requirement imposes no additional obligations on the Landlord, nor does it waive any rights hereunder. g. Specifications not Limiting
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Tenant maintains higher limits than the minimums 01425.0001 2020855.1 7/11/2025 13
required above, the entity shall be entitled to coverage at the higher limits maintained by Tenant.
h. Notice of Cancellation
Tenant agrees to oblige its insurance agent or broker and insurers to provide to the Landlord with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage.
i. Self-insured Retentions
Any self-insured retentions must be declared to and approved by the Landlord. The Landlord reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager. j. Timely Notice of Claims
Tenant shall give the Landlord prompt and timely notice of claims made or suits instituted that arise out of or result from Tenant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. k. Additional Insurance
Tenant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.
22. Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. The failure by Tenant to make any payment of Base Rent or any other payment required hereunder to Landlord within five (5) days after written notice from Landlord of Tenant’s failure to pay any such obligation when due under this Lease.
b. Use of Lease Premises for any purpose other than as authorized in this Lease;
c. Vacating or abandonment of the Lease Premises by Tenant; d. Failure to provide insurance in accordance with Section 21; e. A failure by Tenant to observe or perform any covenants, conditions or provisions of this Lease (other than payment of money), if the failure to perform is not cured within thirty (30) days of receiving written notice of the default from the Landlord. If the default cannot be reasonably cured within thirty (30) days, Tenant shall not be in default of this Lease if Tenant commences to cure the 01425.0001 2020855.1 7/11/2025 14
default within the thirty (30) day period and diligently and in good faith continues to cure the default.
f. The making by Tenant of any general assignment for the benefit of creditors, g. Filing of a voluntary petition in bankruptcy or the adjudication of Tenant as bankrupt.
h. Appointment of a receiver to take possession of all or substantially all the assets of Tenant located at the Lease Premises or of Tenant’s leasehold interest in the Lease Premises.
i. Filing by any creditor of the Tenant of an involuntary petition in bankruptcy which is not dismissed within sixty (60) days after filing.
j. Attachment, execution or other judicial seizure of all or substantially all of the assets of Tenant or Tenant’s leasehold where such an attachment, execution or seizure is not discharged within sixty (60) days.
Any notice required to be given by Landlord under this Section 22 shall be in lieu of and not in addition to any notice required under Section 1161 of the California Code of Civil Procedure.
23. Remedies on Default. In the event of any such material default or breach by Tenant, Landlord may at any time thereafter and without notice or demand and, without limiting Landlord in the exercise of a right or remedy Landlord may have by reason of such default or breach:
a. Termination of Lease or Tenant’s right to possession of the Lease Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Lease Premises to Landlord. In such event, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default including, but not limited to, the cost of recovering possession of the Lease Premises, expenses of reletting, including necessary renovation and alteration of the Lease Premises, for reasonable attorneys’ fees and costs, any real estate commission actually paid, or the worth at the time of the award of the unpaid rent which had been earned at the time of the termination; the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rent that Lessee proves could have been reasonably avoided; and any other amount necessary to compensate the Landlord for all the detriment proximately caused by the Tenant’s failure to perform Tenant’s obligations under this Lease.
b. Maintain Tenant’s right to possession, in which case this Lease shall continue in effect whether or not Tenant shall be entitled to enforce all of Landlord’s rights 01425.0001 2020855.1 7/11/2025 15
and remedies under this Lease, including the right to recover Rent as it becomes due hereunder.
c. Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the State of California. Furthermore, Tenant agrees that no election by Landlord as to any rights or remedies available hereunder or pursuant to any law or judicial decisions of the State of California shall be binding upon Landlord until the time of trial of any such action or proceeding. d. Take custody of all personal property owned by Tenant on the Premises and to dispose of the personal property and to apply the proceeds from any sale of that property to Tenant’s obligations under this Lease.
24. Waiver. The waiver by Landlord of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition on any subsequent breach of the same or any other term, covenant or condition herein contained. Acceptance of late payment of Base Rent by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord’s knowledge of such preceding breach at the time of acceptance of such Base Rent.
25. Surrender of Leased Premises. Upon expiration or termination of this Lease, Tenant shall deliver to Landlord physical possession of the Lease Premises and the Leased Personal Property in good condition and repair, reasonable wear and tear.
26. Time. Time is of the essence of this Lease and each and all of its provisions.
27. Inability to Perform. This Lease and the obligations of Tenant hereunder shall not be affected or impaired because Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, war, civil insurrection, acts of God, or any other cause beyond the reasonable control of Landlord.
28. Sale of Premises by Landlord. In the event of any sale of the Lease Premises, Landlord shall be and hereby is entirely freed and relieved of all liability under any and all of the covenants and obligations contained in or derived from this Lease arising out of any act, occurrence or omission occurring after the consummation of such sale. The purchaser, at such sale or any subsequent sale of the Lease Premises, shall be deemed, without any further agreements between the parties or their successors in interest or between the parties and any such purchaser, to have assumed and agreed to carry out each and all of the covenants and obligations of Landlord under this Lease.
29. Successors. The covenants herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and 01425.0001 2020855.1 7/11/2025 16
assigns of all the Parties hereto, and each and all, including the Party making the assignment, shall be jointly and severally liable hereunder.
30. Notices. Any notices, demands or communications under this Agreement between the parties shall be in writing, and may be given by (i) personal service, (ii) overnight delivery, or (iii) mailing via United States mail, certified mail, postage prepaid, return receipt requested, addressed to each party as set forth below or such other address as may be furnished in writing by a party, and such notice or communication shall, if properly addressed, be deemed to have been given (a) as of the date so delivered under delivery methods (i) or (ii) above, or (b) three (3) business days after deposit into the U.S. Mail.
Tenant: California Teaching Fellows Foundation
7110 N. Fresno St., Suite 300
Fresno, CA 93720
Landlord: Arnoldo Rodriguez
City of Madera
205 W 4th Street
Madera, CA 93637
(559) 661-5402
[email protected]
Copy to: Parks & Community Services Director
701 E 5th Street
Madera, CA 93638
31. Execution by Landlord Not a Waiver. Tenant understands and agrees that Landlord, by entering into and executing this Lease, shall not have waived any right, duty, privilege, obligation or authority vested in Landlord with respect to the Lease Premises to approve, disapprove or conditionally approve any application which Tenant may be required to make under any laws, rules, ordinances or regulations now or hereafter in effect which said Landlord may be empowered to apply including, but not limited to, any use permit or approval, whether similar in nature or not.
32. Entire Agreement. This Lease contains the entire agreement between the parties.
No promise, representation, warranty, or covenant not included in this Lease has been or is relied on by either party. Each party has relied on his own examination of this Lease, the counsel of his own advisors, and the warranties, representations, and covenants in the Lease itself. The failure or refusal of either party to inspect the Lease Premises or improvements, to read the Lease or other documents or to obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection, or advice.
01425.0001 2020855.1 7/11/2025 17
33. Construction. This Lease shall be construed according to its fair meaning as if prepared by both parties. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
34. Attorneys’ Fees. In the event that any action or proceeding is brought by either party to enforce any term or provision of this Lease, the prevailing party shall recover its reasonable attorneys’ fees and costs incurred with respect thereto.
35. Authority of Parties. Each individual executing this Lease on behalf of Tenant represents and warrants that he or she is fully authorized to execute and deliver this Lease on behalf of Tenant and that this Lease is binding upon Tenant in accordance with its terms.
36. Governing Law. This Lease shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California.
37. Jurisdiction. If any legal action is necessary to enforce the terms and conditions of this Agreement, the parties agree that a court of competent jurisdiction in the County of Madera shall be the sole venue and jurisdiction for the bringing of such action.
38. Severability. If any paragraph, section, sentence, clause, or phrase contained in this Lease shall become illegal, null or void, against public policy, or otherwise unenforceable, for any reason, or held by any court of competent jurisdiction to be illegal, null or void, against public policy, or otherwise unenforceable, the remaining paragraphs, sections, sentences, clauses or phrases contained in the Lease shall not be affected thereby.
39. Interest. Any sum due to the Landlord under this Lease shall bear simple interest from and after its due date at a rate equal to ten percent (10%) per month until paid to Landlord, but no in excess of the maximum rate permitted by law.
40. Amendment or Modification. Any modification or amendment of any provision of this Agreement must be in writing executed by both Parties and approved by the Landlord in accordance with applicable law.
41. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall be deemed but one and the same instrument, and a facsimile copy of such execution shall be deemed an original.
42. Non-Discrimination: Tenant herein covenants by and for Tenant, Tenant’s successors, heirs, executors, administrators and assigns, and all persons claiming under or through Tenant, and this Lease is made and accepted upon and subject to the following conditions: that there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, 01425.0001 2020855.1 7/11/2025 18
marital status, national origin or ancestry, in the use, occupancy, tenure or enjoyment of the Lease Premises.
43. Acknowledgment: Each Party acknowledges that they have read and fully understand the contents of this Lease and have had an opportunity to consult with an attorney regarding the same. This Lease represents the entire and integrated agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations and agreements, either written or oral.
NOW, THEREFORE, the parties hereto have entered into the Lease as of the Lease Date.
TENANT: LANDLORD:
CALIFORNIA TEACHING FELLOWS
FOUNDATION
By: __________________________
Printed Name: _________________
CITY OF MADERA
a municipal corporation
By: _____________________________
Cecelia K. Gallegos, Mayor
Dated: ________________
ATTEST:
By: ______________________________
Alicia Gonzalez, City Clerk
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
By:_______________________________
Shannon Chaffin
City Attorney
01425.0001 2020855.1 7/11/2025 1
Exhibit A
Real Property Located at 701 E. 5th Street, Madera, CA 93638 Furniture is included in the Lease.
01425.0001 2020855.1 7/11/2025 2
Exhibit B
Tenant agrees to abide by the terms of use for common areas as described herein and to adhere to City of Madera Parks and Community Services procedures for communication and scheduling.
1. Restricted use, Landlord only
2. Use permitted with pre-approval and scheduling from Parks and Community Service Staff.
3. Unrestricted Tenant use within City Guidelines.
Use of Common Areas 1st Floor
01425.0001 2020855.1 7/11/2025 3
Use of Common Areas 2nd Floor
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: July 16, 2025
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Assemblywoman Esmeralda Soria Fee Waiver Request for the Community Resource Fair and Backpack Giveaway
RECOMMENDATION:
Adopt a Resolution waiving the rental fees of the Pan-American Community Center (PACC) on August 5, 2025, related to the Community Resource Fair and Backpack Giveaway event hosted by Assemblywoman Esmeralda Soria, at an anticipated rental fee of $790 SUMMARY:
The City received a request from Assemblywoman Esmeralda Soria seeking a waiver of rental fees for the use of the PACC to host the Community Resource Fair and Backpack Giveaway. The event is scheduled for Tuesday, August 5, 2025.
DISCUSSION:
Assemblywoman Esmeralda Soria has submitted a formal request for a fee waiver to use PACC for a Community Resource Fair and Backpack Giveaway event. The event is planned for Tuesday, August 5, 2025. The request includes access to the facility from 5 pm to 8 pm, which includes time for setting up before the event and cleanup thereafter.
The Community Resource Fair and Backpack Giveaway event is intended to support Madera families as they prepare for the new school year. Schoolchildren will receive one free backpack and various school supplies, and Assemblywoman Soria’s office will provide access to vital community resources such as free health screenings in partnership with Camarena Health.
Assemblywoman Soria’s office will also be on site to provide residents a legislative update and local nonprofit organizations will share resources on education, housing, social services, and B-12
more. This event is planned as free and open to the public; attendees must only provide proof of Madera residency.
Assemblywoman Esmeralda Soria’s office is committed to adhering to all rules and regulations regarding the use of the facility and will ensure the area utilized is left in its original condition following the conclusion of the event.
This event is subject to all other applicable requirements. This includes the provision of acceptable rental insurance.
FINANCIAL IMPACT:
The applicable costs associated with the rental of PACC, with the space as needed, are summarized in Table 1, which would be applicable for this rental. Costs are derived from the City of Madera Master Fee Schedule.
Table 1: Estimated Financial Impact Without Fee Waiver
Administrative Fee $25
Deposit $200
Access to Pan-American Kitchen $135
Access to Pan-American Gym $330
Special Event Fee $100
Total $790
The total applicable cost for the rental of PACC sufficient to meet the reserved space needed, with dates and times as requested, would be $790.
ALTERNATIVES:
The Council may elect to reject the fee waiver and require Assemblywoman Esmeralda Soria’s office to remit any associated fees if they wish to rent PACC for the Community Resource Fair and Backpack Giveaway event.
ATTACHMENTS:
1. Resolution – Waiving the rental fees of the Pan-American Community Center on August 5, 2025, related to Assemblywoman Esmeralda Soria’s Community Resource Fair and Backpack Giveaway event, at an anticipated rental fee of $790
2. Letter Requesting Fee Waiver
ATTACHMENT 1
Resolution – Waiving the rental fees of the Pan-American Community Center on August 5, 2025, related to the Assemblywoman Esmeralda Soria’s Community Resource Fair and Backpack Giveaway event, at an anticipated rental fee of $790 RESOLUTION NO. 25-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA WAIVING THE RENTAL FEES OF THE PAN-AMERICAN
COMMUNITY CENTER ON AUGUST 5, 2025, RELATED TO
ASSEMBLYWOMAN ESMERALDA SORIA’S COMMUNITY RESOURCE FAIR
AND BACKPACK GIVEAWAY EVENT, AT AN ANTICIPATED RENTAL FEE OF $790
WHEREAS, the City has received a request for the waiver of fees for the rental of the PanAmerican Community Center; and WHEREAS, the request is from Assemblywoman Esmeralda Soria; and WHEREAS, Assemblywoman Esmeralda Soria is looking to host the Community Resource Fair and Backpack Giveaway; and
WHEREAS, the request is for rental utilization on Tuesday, August 5, 2025, from 5:00 pm to 8:00 pm; and
WHEREAS, the estimated fees for the request are calculated based on the City of Madera Master Fee Schedule; and
WHEREAS, the fees for the event are calculated at $790; and WHEREAS, Assemblywoman Esmeralda Soria’s office isstill subject to providing insurance documentation for City facility rentals that meet City requirements.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. The Council finds that the waiver of fees as set forth in this resolution serves a valid public purpose in that Assemblywoman Esmeralda Soria’s Community Resource Fair and Backpack Giveaway serves a community need to support, educate, and empower students and families with the start of the new school year.
3. The City Council does hereby waive the City fees for Rental Fees of the Pan-American Community Center on the date and time identified herein, subject to confirmation of insurance.
4. This resolution is effective immediately upon adoption. * * * * * *
ATTACHMENT 2
Letter Requesting Fee Waiver
June 16, 2025
City of Madera
205 W. 4th Street
Madera, CA 93637
RE: Request for Fee Waiver – August 5, 2025 Back to School Community Resource Fair and Backpack Giveaway event
Dear City of Madera,
My office writes to respectfully request a fee waiver for use of the Pan-American Community Center on Tuesday, August 5, 2025 to host our third annual Back to School Community Resource Fair and Backpack Giveaway event.
This Community Resource Fair and Backpack Giveaway event supports Madera families as they prepare for the new school year. Schoolchildren receive one free backpack and various school supplies, and we provide access to vital community resources such as free health screenings in partnership with Camarena Health. My office is on site to provide residents a legislative update and local nonprofit organizations share resources on education, housing, social services, and more.
This event is free and open to the public, attendees must only provide proof of Madera residency.
Given the community-focused nature of this event, we respectfully request the City waive any applicable facility rental or permit fees to help maximize access and impact.
Thank you for your partnership and consideration. Please contact our office at (559) 890-2705 with any questions.
Sincerely,
ESMERALDA SORIA
Assemblywoman, 27th District
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: July 16, 2025
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Madera Coalition for Community Justice Fee Waiver Request for the Electric Vehicle Application Clinic Resource Event
RECOMMENDATION:
Adopt a Resolution waiving the rental fees of the Frank Bergon Senior Center (FBSC) on August 9, 2025, related to the Electric Vehicle Application Clinic Resource Event hosted by the Madera Coalition for Community Justice (MCCJ), at an anticipated rental fee of $715 SUMMARY:
The City received a request from MCCJ seeking a waiver of rental fees for the use of the FBSC to host the Electric Vehicle Application Clinic Resource Event. The event is scheduled for Saturday, August 9, 2025.
DISCUSSION:
MCCJ has submitted a formal request for a fee waiver to use FBSC for an Electric Vehicle Application Clinic Resource Event. The event is planned for Saturday, August 9, 2025. The request includes access to the facility from 8:30 am to 3:30 pm, which includes time for setting up before the event and cleanup thereafter. The event itself is scheduled from 10 am to 2 pm.
The Electric Vehicle Application Clinic Resource Event is a Clean Transportation Application Clinic, where residents will receive free, hands-on support to apply for electric vehicle incentive programs. In addition to application assistance, MCCJ will host a community resource fair featuring local organizations that offer vital services across Madera. The goal of MCCJ is to connect residents with clean energy opportunities and helpful programs in one accessible, supportive space.
Ͳ1ϯ
MCCJ is committed to adhering to all rules and regulations regarding the use of the facility and will ensure the area utilized is left in its original condition following the conclusion of the event.
This event is subject to all other applicable requirements. This includes the provision of acceptable rental insurance.
FINANCIAL IMPACT:
The applicable costs associated with the rental of FBSC, with the space as needed, are summarized in Table 1, which would be applicable for this rental. Costs are derived from the City of Madera Master Fee Schedule.
Table 1: Estimated Financial Impact Without Fee Waiver
Administrative Fee $25
Deposit $100
Access to FBSC Kitchen $40
Access to FBSC Multipurpose Room $450
Special Event Fee $100
Total $715
The total applicable cost for the rental of FBSC sufficient to meet the reserved space needed, with dates and times as requested, would be $715.
ALTERNATIVES:
The Council may elect to reject the fee waiver and require MCCJ to remit any associated fees if they wish to rent FBSC for the Electric Vehicle Application Clinic Resource Event.
ATTACHMENTS:
1. Resolution – Waiving the rental fees of the Frank Bergon Senior Center on August 9, 2025, related to Madera Coalition for Community Justice’s Electric Vehicle Application Clinic Resource Event, at an anticipated rental fee of $715
2. Letter Requesting Fee Waiver
ATTACHMENT 1
Resolution – Waiving the rental fees of the Frank Bergon Senior Center on August 9, 2025, related to Madera Coalition for Community Justice’s Electric Vehicle Application Clinic Resource Event, at an anticipated rental fee of $715
RESOLUTION NO. 25-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA WAIVING THE RENTAL FEES OF THE FRANK BERGON SENIOR CENTER ON AUGUST 9, 2025, RELATED TO MADERA COALITION FOR COMMUNITY JUSTICE’S ELECTRIC VEHICLE APPLICATION CLINIC RESOURCE EVENT, AT AN ANTICIPATED RENTAL FEE OF $715
WHEREAS, the City has received a request for the waiver of fees for the rental of the Frank Bergon Senior Center; and
WHEREAS, the request is from the Madera Coalition for Community Justice (MCCJ); and WHEREAS, MCCJ is looking to host the Electric Vehicle Application Clinic Resource Event; and
WHEREAS, the request is for rental utilization on Saturday, August 9, 2025, from 8:30 am to 3:30 pm; and
WHEREAS, the estimated fees for the request are calculated based on the City of Madera Master Fee Schedule; and
WHEREAS, the fees for the event are calculated at $715; and WHEREAS, MCCJ is still subject to providing insurance documentation for City facility rentals that meet City requirements.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. The Council finds that the waiver of fees as set forth in this resolution serves a valid public purpose in that MCCJ’s Electric Vehicle Application Clinic Resource Eventserves a community need to improve air quality, promote clean transportation, and serve the community equitably.
3. The City Council does hereby waive the City fees for Rental Fees of the Frank Bergon Senior Center on the date and time identified herein, subject to confirmation of insurance.
4. This resolution is effective immediately upon adoption. * * * * * *
ATTACHMENT 2
Letter Requesting Fee Waiver
Madera Coalition for Community Justice
Mailing Address:
P.O. Box 817
219 S. D St.
Madera, CA 93638
Contact Information:
Phone: (559) 661-1879
Fax: (559) 416-7401
http://www.maderaccj.org/
[email protected]
FEE WAIVER REQUEST LETTER
Electric Vehicle Application Clinic Resource Event - AUGUST 9, 2025 June 26, 2025
Requested Rental Facility: Frank Bergon Senior Center (238 S D St, Madera, CA, 93638) Date: August 9, 2025
Time: 10am to 2pm
Purpose of event: Community Clean Transportation Application Clinic and Resource Event Honorable Mayor and Members of the Madera City Council
Madera City Hall
205 W. 4th Street
Madera, CA 93637
Dear Honorable Mayor and City Council Members,
I hope this letter finds you well. On behalf of the Madera Coalition for Community Justice (MCCJ), I am writing to respectfully request a waiver of the facility rental fee for the use of the Frank Bergon Senior Center on Saturday, August 9, 2025, from 10:00 AM to 2:00 PM.
As a nonprofit, community-based organization, MCCJ is committed to improving the lives of Madera residents—especially low-income and underserved communities—through access to education, healthcare, environmental justice, and essential resources.
The event we are planning is a Clean Transportation Application Clinic, where residents will receive free, hands-on support to apply for electric vehicle incentive programs. In addition to application assistance, we will host a community resource fair featuring local organizations that offer vital services across Madera. Our goal is to connect residents with clean energy opportunities and helpful programs in one accessible, supportive space.
This event directly supports the City of Madera’s efforts to improve air quality, promote clean transportation, and serve our community equitably. Waiving the facility fee would allow us to maximize our outreach and ensure that more resources go directly toward helping residents navigate these valuable state programs.
We kindly ask for your support in approving this fee waiver. If you have any questions or require additional information, please contact Director Linette Lomeli or myself at MCCJ.
Madera Coalition for Community Justice
Mailing Address:
P.O. Box 817
219 S. D St.
Madera, CA 93638
Contact Information:
Phone: (559) 661-1879
Fax: (559) 416-7401
http://www.maderaccj.org/
[email protected]
Thank you for your time and consideration. We look forward to continuing our partnership with the City in building a healthier, more sustainable Madera for all.
Sincerely,
Mary Nambo
Environmental Justice Project Coordinator
Madera Coalition for Community Justice
REPORT TO CITY COUNCIL
Council Meeting of: July 16, 2025
Agenda Number: B-14
Arnoldo Rodriguez, City Manager
SUBJECT:
Budget Amendment for Fiscal Year 2025/26 for Centrifuge #2 Rehabilitation RECOMMENDATION:
Approve a Resolution authorizing a budget amendment for $60,000 to fund the rehabilitation of Centrifuge #2 at the Wastewater Treatment Plant
SUMMARY:
The Wastewater Treatment Plant (WWTP) relies on two critical centrifuges to separate solids from liquids in the sludge dewatering process, ensuring compliance with discharge requirements under the City’s WDR permit and maintaining the plant’s operational reliability. Staff intended to complete the rebuild of Centrifuge #2 in Fiscal Year (FY) 2024/25, but the purchase order was not finalized prior to fiscal year-end, causing appropriations to lapse. While the FY 2025/26 budget includes $60,000 for the rebuild of Centrifuge #1, funding for Centrifuge #2 was not included.
Approval of this budget amendment will ensure the rebuild of Centrifuge #2 to maintain redundancy and operational stability.
DISCUSSION:
To maintain operational reliability, the WWTP must proceed with the rehabilitation of Centrifuge #2 alongside Centrifuge #1. Issuing a purchase order using the WWTP’s existing FY 2025/26 appropriations would require the use of funds needed for other essential repairs. The budget amendment will replenish these appropriations, ensuring adequate funding for WWTP operational needs throughout FY 2025/26. The Finance Department has confirmed that $60,000 aligns with the necessary funding level, providing parity with the existing budget for Centrifuge #1 and ensuring timely completion of critical infrastructure repairs.
FINANCIAL IMPACT:
Approval of this budget amendment will increase the FY 25/26 appropriations in the Sewer Fund, Approved by:
WWTP budget by $60,000, ensuring sufficient funding for the rehabilitation of Centrifuge #2 while preserving operational funding for other planned maintenance and repairs. The funding source for these appropriations is Unreserved Fund Balance in the Sewer Fund.
ALTERNATIVES:
The Council could elect not to approve the budget amendment. However, this would delay the rehabilitation of Centrifuge #2, risking operational redundancy and regulatory compliance, and could lead to higher emergency repair costs in the future.
ATTACHMENTS:
1. Resolution
a. Budget Amendment
RESOLUTION NO. 25-
RESOLUTION AUTHORIZING A BUDGET AMENDMENT FOR $60,000 TO FUND THE REHABILITATION OF CENTRIFUGE #2 AT THE WASTEWATER
TREATMENT PLANT (WWTP)
WHEREAS, the City Council previously adopted a Citywide Budget for Fiscal Year (FY) 2024/25 on August 21, 2024: and
WHEREAS, staff commenced the purchase order to rehabilitate Centrifuge #2 at the Wastewater Treatment Plant (WWTP), which relies on two critical centrifuges to separate solids from liquids in the sludge dewatering process; and
WHEREAS, staff was unable to complete the purchase order for the rehabilitation of Centrifuge #2 process during the FY 2024/25; and
WHEREAS, the Adopted FY Budget 2025/26 provides funding to rehabilitate Centrifuge #1; however, additional funds are necessary to rehabilitate Centrifuge #2; and WHEREAS, issuing a purchase order using existing FY 2025/26 appropriations in the WWTP budget would require the use funds designated for other essential repairs; and WHEREAS, the budget amendment will replenish these appropriations, ensuring adequate funding for WWTP operational needs throughout FY 2025/26; and WHEREAS, staff proposed to re-allocate $60,000 of unspent funds from FY 2024/25 to FY 2025/26 to pay for the rehabilitation of Centrifuge #2.
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 budget amendment shown in Exhibit A is approved.
3. A signed copy of this Resolution shall be placed on file in the office of the Director of Financial Services, who shall prepare the entries necessary to reflect budget changes identified in the City’s accounting system.
4. This Resolution is effective immediately upon adoption. ****
ORG OBJECT
FUND CODE CODE DESCRIPTION (+) (-)
Sewer Fund
2040 20400000 4900 Budgetary Carryover 60,000
2040 20403410 6532 Maintenance/Other Supplies 60,000
TOTALS $ 60,000 $ 60,000
EXHIBIT A
CITY OF MADERA FISCAL YEAR 2025/26 BUDGET AMENDMENT
1 REPORT TO CITY COUNCIL
Approved by: Council Meeting of: July 16, 2025
_________________________________ Agenda Number: __________ Keith Helmuth, City Engineer
Arnoldo Rodriguez, City Manager
SUBJECT:
Community and Park Facility Parking Lot Surface Rehabilitation, City Project No. PK-81, CDBG Block Grant and City Hall Parking Lot Resurfacing
RECOMMENDATION:
Adopt a Resolution:
1. ƉƉƌŽǀŝŶŐa contract award for Community and Park Facility Parking Lot Surface Rehabilitation, City Project No. PK-81 CDBG Block Grant Including Bid Alternate 1 Mountain Vista Parking Lot and Bid Alternate 2 City Hall Parking Lot in the amount of $743,120.00 to VSS International, Inc., and 2.
Ϯ. ƉƉƌŽǀŝŶŐa budget amendment in the amount of $194,830.84 to fully fund the project. ϯ. ĞƚĞƌŵŝŶŝŶŐ ƚŚĞ ƉƌŽũĞĐƚ ŝƐ aƚĞŐŽƌŝĐaůůLJ
džĞŵƉƚ ƉƵƌƐƵaŶƚ ƚŽ ^ection 15301, Class 1
(Existing Facilities)ŽĨƚŚĞaůŝĨŽƌŶŝa
ŶǀŝƌŽŶŵĞŶƚaůYƵaůŝƚLJĐƚ;
YͿ.
SUMMARY:
On July 1, 2025, the City received two bids for the Community and Park Facility Parking Lot Surface Rehabilitation, City Project No. PK-81 CDBG Block Grant (Project) including bid alternates for the parking lots at Mountain Vista School and City Hall. The Project is funded from the Community Development Block Grant (CDBG) Program, General Funds and contributions from tenants using the Mountain Vista parking lot. VSS International, Inc. submitted the lowest responsive and responsible bid.
BACKGROUND:
In 2024, the City applied for CDBG funding and was awarded funds for rehabilitation of parking lots at various community center and park facilities, which will involve repairing and improving Ͳ1
the existing parking lot surfaces. Five parking lot locations were selected as part of the process:
▪ Pan-American Community Center
▪ Sunrise Rotary Sports Complex
▪ Frank Bergon Senior Center
▪ John W. Wells Youth Center, and
▪ Gateway Rotary Park
In the process of preparing the contract documents for the parking lots, the City Hall and Mountain Vista School parking lots were also taken into consideration. CDBG funds could not be applied to City Hall parking lot since it does not meet the requirements of the funding source.
However, by including with a larger project, in theory, the costs to resurface should be lower due to economies of scale. The locations of these two parking lots were included in the bidding process as Bid Alternate 1 and Bid Alternate 2 with the intent to fund using alternate sources.
The Mountain Vista School parking lot is shared by the Mountain Vista School and Community Action Partnership of Madera County (CAPMC). CAPMC has agreed to pay for their portion of the parking lot. The parking lot usage is split by 40% for CAPMC and 60% Mountain Vista School.
The City is anticipating a contribution from the Madera Unified School District (MUSD) towards the Mountain Vista School parking lot rehabilitation cost.
DISCUSSION:
The general scope of work consists of performing surface treatments, pavement rehabilitation, and replacing pavement markings and striping for City parking lots. The work will also include grinding and removing deteriorated asphalt pavement, applying hot mix asphalt dike, applying fog sealing, micro-surfacing, crack seal, and filling in potholes to improve the overall pavement condition and extend the service life of the five selected parking lot locations.
On June 10, 2025, the City released the project for public bidding on the PlanetBids web portal and regional builder exchanges. In addition, the Engineering Department also reached out to local firms that hold the appropriate licenses required for this type of work to ensure qualified local participation. Also, an Advertisement for Bids was duly published in the Madera Tribune on June 7th and June 14th of 2025.
On July 1, 2025, two bids were received. The bids were checked for accuracy against bidding requirements, validity of licenses, and bid security. The bids received are summarized in Table 1.
Table 1: Bid Overview
Bidder Base Bid
Bid Alt 1
Mountain
Vista School
Bid Alt 2
City Hall Total
VSS International, Inc $554,120.00 $132,000.00 $57,000.00 $743,120.00 Witbro Inc. dba Seal Rite Paving & Grading $522,224.00 $219,827.00 $97,390.00 $839,441.00 Engineer’s Opinion of Cost $517,013.13 $177,630.25 $64,257.50 $758,900.88 The two bids that were received were compared by total bid amount including Bid Alternate 1 and Bid Alternate 2 to determine the lowest bidder. The bid was then evaluated against the available funds to determine if the project can include either or both Bid Alternates 1 and 2.
Funding has been identified for both the City Hall and Mountain Vista parking lots. As such, staff recommends the award include both Bid Alternate 1 and 2.
The project construction budget and funding sources are outlined in Table 2.
Table 2: Project Budget
Line Item Amount
VSS International, Inc. Contract $743,120.00
Construction Management, Inspection and Testing $30,000.00 Project Contingency $74,312.00
Total Project Budget $847,432.00
Funding Source
CDBG Program $594,456.14
CAPMC $58,145.02
General Funds(1) $194,830.84
Total Funding Source $847,432.00
(1)To be offset by contribution from MUSD
VSS International Inc. submitted the lowest responsive, and responsible bid that meets the contract requirements.
Staff recommends award of the project to VSS International, Inc. in the amount of $743,120.00 and include a provision for 10 percent of contract amount for allowable contingencies as approved by the City Engineer.
ENVIRONMENTAL REVIEW:
Staff has performed a preliminary environmental assessment of this project and has determined that this project would be categorically exempt pursuant to CEQA Guidelines section 15301, Class 1 (Existing Facilities), as the project would consist of the maintenance and minor alterations to reseal and maintain existing parking lots at existing City facilities involving negligible or no expansion of use. Further, none of the exceptions under CEQA Guidelines section 15300.2 are applicable.
FINANCIAL IMPACT:
The Base Bid portion of the Project is programmed in the Capital Improvement Program (CIP) FY 25/26 budget for CDBG funds. Bid Alternates 1 and 2 will be covered by the General Fund, CAPMC for their share of the parking lot and a contribution from MUSD. A budget amendment is needed to appropriate the General Funds from budgetary carryover to the capital outlay expense line item for this project.
ALTERNATIVES:
The alternative to awarding the project is to reject all bids. Rebidding the project could result in higher bids and loss of CDBG funding by not meeting expenditure deadlines.
ATTACHMENTS:
1. Resolution - Contract Award
a. Exhibit A – Contract
b. Exhibit B – CIP Budget Amendment
2. Project Map
Attachment 1
Resolution
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA APPROVING THE CONTRACT AWARD FOR COMMUNITY AND
PARK FACILITIES PARKING LOT SURFACE REHABILITATION, CITY PROJECT NO. PK-81 CDBG BLOCK GRANT INCLUDING BID ALTERNATE 1 MOUNTAIN VISTA PARKING LOT AND BID ALTERNATE 2 CITY HALL PARKING LOT IN THE AMOUNT OF $743,120.00 TO VSS INTERNATIONAL, INC,. AND APPROVING A BUDGET AMENDMENT IN THE AMOUNT OF $194,830.84
TO FULLY FUND THE PROJECT AND AUTHORIZING CONSTRUCTION
CONTINGENCIES RELATING TO THE CONTRACT
WHEREAS, on June 10, 2025, the Engineering Department advertised a solicitation for construction bids for Community and Park Facility Parking Lot Surface Rehabilitation, City Project No. PK-81 CDBG hereinafter referred to as “the Project”; and WHEREAS, two bids were received on July 1, 2025; and
WHEREAS, VSS International, Inc. submitted the lowest bid and was deemed a responsive and responsible bidder; and
WHEREAS, funding for the Base Bid portion Project is programmed in the Capital Improvement Projects Budget for Fiscal Year 2025/26 under Capital Improvement Program (CIP) Project PK-81; and
WHEREAS, contributions from CAPMC, MUSD and City General Funds are identified for funding the Bid Alternate 1 and Bid Alternate 2 of the project.
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) has reviewed and considered all the information presented including the report to Council from the Engineering Department.
3. The City Council finds and determines that a Class 1 Categorical Exemption (Existing Facilities) set forth in the California Environmental Quality Act (CEQA) Guidelines, Section 15301, applies to this project, as the project would consist of the maintenance and minor alterations to reseal and maintain existing parking lots at existing City facilities involving negligible or no expansion of use. Further, none of the exceptions under CEQA Guidelines section 15300.2 are applicable.
4. Funds shall be appropriated in the FY 2025/26 Capital Project Budget in accordance with Exhibit B, which is incorporated by reference herein.
5. The City finds that VSS International, Inc. is the lowest responsible and responsive bidder.
6. The contract for the Project in the amount of $743,120.00 to VSS International, Inc., a copy of which is attached hereto as Exhibit A and referred to for particulars, is approved.
7. Council authorizes Construction Contingencies of up to 10 percent as approved by the City Engineer.
8. This Resolution is effective immediately upon adoption. *******
Exhibit A
Contract Agreement
AGREEMENT
THIS AGREEMENT, made this day of , 2025, between the City of Madera, hereinafter called “OWNER”, and VSS International, Inc. , doing business as (an individual), or (a partnership), or (a corporation), hereinafter called “CONTRACTOR”.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:
1. The CONTRACTOR shall commence and complete all WORK required for the “COMMUNITY AND PARK FACILITIES PARKING LOT SURFACE REHABILITATION, CITY PROJECT NO. PK-81”
2. The CONTRACTOR shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the WORK described herein.
3. The CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will complete the same within the time period set forth in the CONTRACT DOCUMENTS. The CONTRACTOR shall submit a Payment Bond and Performance Bond in the amount of $ 743,120.00 each and Insurance Certificates as specified in the CONTRACT DOCUMENTS prior to commencing any WORK.
4. The CONTRACTOR agrees to perform all of the WORK described in the DOCUMENTS for the unit and lump sum prices set forth in the Bid Schedule.
5. The term “CONTRACT DOCUMENTS” means and includes the following:
(A) Advertisement for Bids
(B) Information for Bidders
(C) Bid Proposal
(D) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Insurance Requirements for Contractors
PLANS AND SPECIFICATIONS prepared or issued by CITY OF MADERA entitle “COMMUNITY AND PARK FACILITIES PARKING LOT SURFACE REHABILITATION, CITY PROJECT NO. PK-81 dated June, 2025
Addendum No. 1 dated June 20, 2025
Addendum No. 2 dated June 25, 2025
6. In the event the CONTRACTOR does not complete the WORK within the time limit specified herein or within such further time as authorized, the CONTRACTOR shall pay to the OWNER liquidated damages in the amount of Two Thousand Eight Hundred Dollars ($2,800.00) per day for each and every calendar day delay in finishing the WORK beyond the completion date so specified.
7. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. In no event shall total compensation exceed $743,120.00 except as may otherwise be authorized in writing per Section
16. For any moneys earned by the CONTRACTOR and withheld by the OWNER to ensure the performance of the Contract, the CONTRACTOR may, at his request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Division 2, Part 5, Section 22300 of the Public Contract Code of the State of California.
8. In the event of a dispute between the OWNER and the CONTRACTOR as to an interpretation of any of the specifications or as to the quality or sufficiency of material or workmanship, the decision of the OWNER shall for the time being prevail and the CONTRACTOR, without delaying the job, shall proceed as directed by the OWNER without prejudice to a final determination by negotiation, arbitration by mutual consent or litigation, and should the CONTRACTOR be finally determined to be either wholly or partially correct, the OWNER shall reimburse him for any added costs he may have incurred by reason of work done or material supplied beyond the terms of the contract as a result of complying with the OWNER’S directions as aforesaid. In the event the CONTRACTOR shall neglect to prosecute the work properly or fail to perform any provisions of the CONTRACT, the OWNER, after three days written notice to the CONTRACTOR, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due to the CONTRACTOR, subject to final settlement between the parties as in this paragraph herein above provided.
8A. CLAIMS RESOLUTION PROCESS FOR DISPUTES.
It is the intent of this Contract that disputes regarding the Contract be resolved promptly and fairly between the Contractor and the Owner. However, it is recognized that some disputes will require detailed investigation and review by one or both parties before a determination and resolution can be reached. For the protection of the rights of both the Contractor and the Owner, the following provisions are provided for the resolution of disputes which cannot be resolved by the Owner and the Contractor within three business days after either party gives verbal notice of dispute or potential dispute to the other's attention and prior to the commencement of such work.
The following provisions are intended by Contractor and Owner to comply with Public Contract Code Sections 9204 and 20104 et. seq.
A. Claims:
The term “claim” refers to a separate demand by Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
1. A time extension, including, without limitation, for relief from damages or penalties for delay assessed by Owner under this Contract.
2. Payment by the Owner of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled.
3. Payment of an amount that is disputed by the Owner.
B. The Claim Must Be Timely and in Writing:
For all claims the claim must be in writing and include the documents necessary to substantiate the claim. A notice of potential claim must be filed within five (5) business days of Contractor’s completion of work that is a potential claim. Notice of an actual claim must be filed on or before the date of final payment.
C. Receipt of Claim by Owner:
Upon receipt of a claim pursuant to this section, the Owner will conduct a reasonable review of the claim and, within a period not to exceed 45 days from the date of receipt, will provide the Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, Owner and Contractor may, by mutual agreement, extend the time period provided in this section.
The Contractor shall furnish reasonable documentation to support the claim. If additional information is thereafter required, it shall be requested and provided upon mutual agreement by the Owner and the Contractor. The District's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation.
D. City Council Approval:
If the Owner needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the Owner shall have up to three days following the next duly publicly noticed regular meeting of the City Council after the 45-day period or extension expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
E. Payment of Claim:
Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. If the Owner fails to issue a written statement, paragraph F below shall apply.
F. Meet and Confer:
If the Contractor disputes the Owner’s written response, or if the Owner fails to respond to a claim issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the Owner shall schedule a meet and confer conference within 30 days for settlement of the dispute.
Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the Owner shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the Owner and the Contractor sharing the associated costs equally. The Owner and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
Under this Contract, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.
Any mediation utilized shall conform to the timeframes in this section.
Unless otherwise agreed to by the Owner and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
If mediation as set forth above does not resolve the parties’ dispute, the parties will proceed to arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program.
G. Filing a Government Code Written Claim Notice:
Following the meet and confer conference, if the claim or any portion remains in dispute, the Contractor may file a claim under the Torts Claims Act as provided in Chapter 1 (commencing with Section 900) and Chapter 2 commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code Section 900.
H. Owner’s Failure to Respond to Claim:
Failure by the Owner to respond to a claim from Contractor within the time periods described above or to otherwise meet the time requirements set forth above shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the Owner’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor.
I. Interest:
Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
J. Subcontractor Claims:
If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against Owner because privity of contract does not exist, the Contractor may present to the Owner a claim on behalf of a subcontractor or lower tier subcontractor. For purposes of this paragraph, the term “subcontractor’ means any type of subcontractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with the Contractor or is a lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the Owner shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the Owner and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
K. Filing of Action on Unresolved Claims:
The parties shall follow the procedures set forth in Public Contracts Code Section 20104.4 if an action is filed to resolve claims under the foregoing provisions. Any action shall be filed in Madera County.
9. Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical conditions, marital status, or sex of such persons except as provided in Section 12940 of the Government Code, and every contractor for public works violating this section is subject to all the penalties imposed for by violation of this chapter”.
10. In accordance with the provisions of Article 5, Chapter l, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part l, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the CONTRACTOR is required to secure the payment of compensation to his employees and shall for that purpose obtain and keep in effect adequate Worker’s Compensation Insurance.
The undersigned CONTRACTOR is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against Liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the WORK of this Agreement.
11. The CONTRACTOR shall comply with Part 7, Chapter l, Article 2, Section 1775 of the Labor Code of the State of California. The CONTRACTOR shall, as a penalty to the OWNER, forfeit fifty dollars ($50.00) for each calendar day, or portion thereof, for each workman paid less than the prevailing rates for such work or craft in which such workman is employed for any public work done under the Contract by him or by any SUBCONTRACTOR under him. The difference between such prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than a prevailing wage rate, shall be paid to each workman by the CONTRACTOR.
12. The CONTRACTOR shall comply with Part 7, Chapter l, Article 2, Section 1776 of the Labor Code of the State of California. The CONTRACTOR shall keep and require that all SUBCONTRACTORS keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice worker or other employee employed by him in connection with public work. Such payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the CONTRACTOR by the OWNER, its officers and agents and to the representatives of the Division of Labor Law Enforcement of the State Department of Industrial Relations. In the event of non-compliance with the requirements of Section 1776, the CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the CONTRACTOR must comply. Should non-compliance still be evident after the ten (10) day period, the CONTRACTOR shall, as a penalty to the OWNER forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.
13. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the CONTRACTOR or any SUBCONTRACTOR under him. It is the CONTRACTOR’S responsibility to ensure compliance by both itself and all SUBCONTRACTORS.
Section 1777.5 provides, in part, as follows:
The CONTRACTOR or SUBCONTRACTOR, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeyman stipulated in the apprenticeship standards. Upon proper showing by the CONTRACTOR that he employs apprentices in the craft or trade in the State on all of his/her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor classification, one apprentice for each five journeyman, the Division of Apprenticeship Standards may grant a certification exempting the CONTRACTOR from the one (1) to five (5) hourly ratio as set forth in this section. This section shall not apply to contracts of general CONTRACTORS or to contracts of specialty contractors not bidding for work through a general or prime CONTRACTOR, when the contracts of general CONTRACTORS, or those specialty CONTRACTORS involve less than thirty thousand dollars ($30,000).
Any work performed by a journeyman in excess of eight hours per day or forty (40) hours per week shall not be used to calculate the hourly ratio required by this section.
Apprenticeable craft or trade, as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a CONTRACTOR from the 1 to 5 ratio set forth in this section when it finds that any one of the following conditions is met:
(a) In the event unemployment for the previous three-month period in such area exceeds an average of 15 percent, or
(b) In the event the number of apprentices in training in such area exceeds a ratio of 1 to 5, or (c) If there is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis, or
(d) If assignment of an apprentice to any work performed under a public works contract would create a condition which should jeopardize his life or the life, safety, or property of fellow employees, or the public at large or if the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
When such exemptions are granted to an organization which represents CONTRACTORS in a specific trade from the 1 to 5 ratio on a local or statewide basis the member CONTRACTORS will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards.
The CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in apprenticeable trade on such contracts and if other CONTRACTORS on the public work site are making such contributions. The CONTRACTOR, and any SUBCONTRACTOR under him, shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices.
Information relative to number of apprentices, identifications, wages, hours of employment and standards of working conditions shall be obtained from the Division of Apprenticeship Standards.
Consult the white pages of your telephone directory under California, State of, Industrial Relations, Apprenticeship Standards, for the telephone number and address of the nearest office. Willful failure by the CONTRACTOR to comply with the provisions of Sections 1777.5 will subject the CONTRACTOR to the penalties set forth in Section 1777.7 of the Labor Code.
14. Pursuant to California Labor Code Section 1813, eight hours in any one calendar day and forty (40) hours in any calendar week shall be the maximum hours any workman is required or permitted to work, except in cases of extraordinary emergency caused by fires, flood, or danger to life and property. The CONTRACTOR doing the work, or his duly authorized agent, shall file with OWNER a report, verified by his oath, setting forth the nature of the said emergency, which report shall contain the name of said worker and the hours worked by him on the said day, and the CONTRACTOR and each SUBCONTRACTOR shall also keep an accurate record showing the names and actual hours worked of all workers employed by him in connection with the work contemplated by this Agreement, which record shall be open at all reasonable hours to the inspection of the OWNER, or its officer or agents and to the Chief of all Division of Labor Statistics and Law Enforcement of the Department of Industrial Relations, his deputies or agents; and it is hereby further agreed that said CONTRACTOR shall forfeit as a penalty to the OWNER the sum of Twenty-Five Dollars ($25.00) for each laborer, workman or any SUBCONTRACTOR under him for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of this stipulation.
Overtime and shift work may be established as a regular procedure by the CONTRACTOR with reasonable notice and written permission of the OWNER. No work other than overtime and shift work established as a regular procedure shall be performed between the hours of 6:00 P.M. and 7:00 A.M. nor on Saturdays, Sundays or holidays except such work as is necessary for the proper care and protection of the work already performed or in case of an emergency.
CONTRACTOR agrees to pay the costs of overtime inspection except those occurring as a result of overtime and shift work established as a regular procedure. Overtime inspection shall include inspection required during holidays, Saturdays, Sundays and weekdays. Costs of overtime inspection will cover engineering, inspection, general supervision and overhead expenses which are directly chargeable to the overtime work. CONTRACTOR agrees that OWNER shall deduct such charges from payments due the CONTRACTOR.
15. The CONTRACTOR shall comply with Division 2, Chapter 4, Part 1 of the Public Contract Code relating to subletting and subcontracting, specifically included but not limited to Sections 4104, 4106, and 4110, which by this reference are incorporated into this Agreement as though fully set forth herein.
16. The CONTRACTOR and the OWNER agree that changes in this Agreement or in the work to be done under this Agreement shall become effective only when written in the form of a supplemental agreement or change order and approved and signed by the OWNER and the CONTRACTOR. It is specifically agreed that the OWNER shall have the right to request any alterations, deviations, reductions or additions to the contract or the plans and specifications or any of them, and the amount of the cost thereof shall be added to or deducted from the amount of the contract price aforesaid by fair and reasonable valuations thereof.
This contract shall be held to be completed when the work is finished in accordance with the original plans and specifications as amended by such changes. No such change or modification shall release or exonerate any surety upon any guaranty or bond given in connection with this contract.
17. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this AGREEMENT, except such loss or damage caused by the sole active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation, reasonable legal counsel fees, expert fees, and all other costs and fees of litigation.
The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
Contractor agrees to obtain or cause to be obtained executed defense and indemnity agreements with provisions identical to those set forth in this Section from each and every Subcontractor and Subconsultant, of every Tier. In the event the Contractor fails to do so, Contractor agrees to be fully responsible to provide such defense and indemnification according to the terms of this Section.
18. Contractor must comply with the insurance requirements as described in the section “INSURANCE REQUIREMENTS FOR CONTRACTOR”, pages 39-40 of the Contract Documents.
19. Amendments- Any changes to this Agreement requested by either City or VSS International, Inc. may only be effected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. This Agreement shall not be modified or amended or any rights of a party to it waived except by such writing.
20. Termination.
A. This Agreement may be terminated at any time by either party upon fifteen (15) calendar days written notice. In the event the Agreement is terminated by either party, VSS International, Inc shall be compensated for services performed to the date of termination based upon the compensation rates and subject to the maximum amounts payable agreed to together with such additional services performed after termination which are authorized in writing by the City representative to wind up the work performed to date of termination.
B. City may immediately suspend or terminate this Agreement in whole or in part by written notice where, if in the determination of City, there is:
1. An illegal use of funds by VSS International, Inc
2. A failure by VSS International, Inc to comply with any material term of this Agreement;