Madera City Council
November 19, 2025

Update 11/14/25 4:29 p.m. Madera City Council Agenda Page 1 of 6 November 19, 2025

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

NOTICE AND AGENDA
Wednesday, November 19, 2025 Council Chambers
6:00 p.m. City Hall
The Madera City Council meetings are open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live-streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900- 6833 enter ID: 860 3070 0504 #. Press *9 to raise your hand to comment and *6 to unmute yourself to speak. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.
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Update 11/14/25 4:29 p.m. Madera City Council Agenda Page 2 of 6 November 19, 2025
CALL TO ORDER:

ROLL CALL: Mayor Cece Gallegos
Mayor Pro Tem Jose Rodriguez, District 2
Councilmember Rohi Zacharia, District 1
Councilmember Steve Montes, District 3
Councilmember Anita Evans, District 4
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
INVOCATION: Sammie Neely, Mt. Zion Missionary Baptist Church PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA:

PRESENTATIONS:

1. Proclamations Recognizing Small Business Saturday

2. Proclamation Recognizing Veterans Day

3. Recognition of Old Timers Day Parade First Place Winners

4. Resolution Recognizing Mr. Luther Slack - Presented by the Office of Senator Anna Caballero PUBLIC COMMENT:

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

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

A. PUBLIC HEARINGS:

A-1 Consideration of the Mitigated Negative Declaration prepared for Environmental Assessment (EA) No. SCH 2025090413 for the Northeast Water Storage Tank, Booster Pump Station and Transmission Main Project, City Project W-T-001
Recommendation: Adopt a Resolution of the City Council of the City of Madera adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the Northeast Water Storage Tank, Booster Pump Station and Transmission Main Project, City Project W-T-0001 (EA No.

SCH 2025090413) (Report by Will Tackett)
A-2 Public Hearing Regarding Annexation No. 17 (Tract 25-S-01/TSM 2024-05, Tozer III Subdivision) into Community Facilities District No. 2005-1 (Public Services) Under the Mello Roos Community Facilities Act of 1982 and Related Actions Recommendation: 1. Hold the Public Hearing; and

2. Adopt a Resolution of the City Council (Council) of the City of Madera, California, Authorizing Annexation of Territory (Annexation No. 17) to Community Facilities District No. 2005-1 (Public Services); and Update 11/14/25 4:29 p.m. Madera City Council Agenda Page 3 of 6 November 19, 2025
Authorizing the Levy of a Special Tax; and Submitting the Levy of Tax to the Qualified Electors.

3. Conduct the Election of the Qualified Electors of Annexation No. 17.

4. Adopt a Resolution of the City Council of the City of Madera, California, Making Certain Findings, Declaring and Certifying the Results of an Election, and Adding the Territory Identified as Annexation No. 17 to Community Facilities District No. 2005-1 (Public Services), Annexation No. 17 (Report by Will Tackett)
B. CONSENT CALENDAR:

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

B-1 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for October 25 to November 7, 2025 (Report by Michael Lima)
B-2 Informational Report on Personnel Activity
Recommendation: This report is submitted for informational purposes only and there is no action requested from the City Council (Council) (Report by Wendy Silva) B-3 Proclamation Recognizing Councilmember Mejia as the 2025 recipient of the Mexicanos Distinguidos Award
Recommendation: Adopt a Minute Order approving a Proclamation Recognizing Councilmember Mejia as the 2025 recipient of the Mexicanos Distinguidos Award (Report by Alicia Gonzales)
B-4 Madera Unified School District Winter Intersession Camp for School Year 2025-2026 Recommendation: Adopt Resolutions:

1. Approving a Consultant Services Agreement between the City of Madera and Madera Unified School District for the Winter Camp for School Year 2025-2026, not to exceed $27,552.50

2. Amending the Fiscal Year 2025/26 Budget, approving related revenue and expenditure line items for the execution of the Consultant Services Agreement with Madera Unified School District, for the Winter Camp (Report by Joseph Hebert)
B-5 Improvement Deferral Agreement and Authorization of Lien for Jsmak Properties, LLC Recommendation: Adopt a resolution of the City of Madera (City) approving Improvement Deferral Agreement and Authorization of Lien for Jsmak Properties, LLC (Agreement) (Report by Keith Helmuth)
B-6 Acceptance of Energy Services Agreement with ENGIE Services U.S., Inc.

Recommendation: Adopt a Minute Order Approving:

1. Acceptance of Energy Services Agreement

2. The Recording of Notice of Completion
Update 11/14/25 4:29 p.m. Madera City Council Agenda Page 4 of 6 November 19, 2025

3. The release of retention after recording of the Notice of Completion (Report by Arnoldo Rodriguez)
B-7 Surplus and Disposition of Nine (9) Automated External Defibrillators (AEDs) Recommendation: Adopt a Resolution authorizing the surplus and disposition of nine (9) end-of-life AEDs to AEDSuperstore through the AED Trade-In Program for $150 each ($1,350 total) (Report by Wendy Silva)
B-8 Informational Report on the Community Development Block Grant (CDBG) Revolving Loan Program
Recommendation: This report is submitted for informational purposes and there is no action requested from the City Council (Report by Michael Lima) B-9 Budget Amendment for Appliance Purchases
Recommendation: Adopt a Resolution approving a budget amendment to the Fiscal Year 2025/26 Operating Budget to appropriate Supplemental Law Enforcement Services Fund balance funds for the purchase of an ice maker and evidence refrigerator (Report by Giachino Chiaramonte) B-10 California Department of Fish and Wildlife (CDFW) Hunter Education Fee Waiver Requests Recommendation: Adopt a Resolution waiving the rental fees of the Rotary Youth Hut on 16 dates through September 2026, related to Hunter Education Classes, hosted by the California Department of Fish and Wildlife, at an anticipated rental fee of $3,545 (Report by Joseph Hebert) B-11 Madera County Master Gardeners Fee Waiver Request for the Annual Tea Party Recommendation: Adopt a Resolution waiving the rental fees of the Frank Bergon Senior Center on Saturday, January 31, 2026, related to an Annual Tea Party hosted by the Madera County Master Gardeners, at an anticipated rental fee of $465 (Report by Joseph Hebert)
B-12 Agreement with SNF Polydyne Inc. for Sludge Dewatering Polymers Recommendation: Adopt a resolution approving a five-year agreement with SNF Polydyne Inc. to provide sludge dewatering polymers for use at the Wastewater Treatment Plant (Report by Arnoldo Rodriguez) B-13 Appointment to the Airport Advisory Commission
Recommendation: Adopt a resolution approving the appointment of Maurice Johnson to the Airport Advisory Commission (Report by Arnoldo Rodriguez) B-14 Certificate of Recognition Recognizing Pistoresi Ambulance Recommendation: Adopt a Minute Order approving a Certificate of Recognition honoring Pistoresi Ambulance for its service to the Madera community (Report by Alicia Gonzales)
C. WORKSHOP: None
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Purchase of Boise Mobile Equipment Type-6 Custom Fire Engine and Related Budget Amendment
Update 11/14/25 4:29 p.m. Madera City Council Agenda Page 5 of 6 November 19, 2025
Recommendation: Adopt a Resolution Approving a Purchase Agreement for a Bosie Mobile Equipment (BME) Type 6 Fire Engine from Golden State Fire Apparatus under Houston-Galveston Area Council (H-GAC) Cooperative Purchase Contract #FS12-23; authorizing execution by City Manager; and approving an amendment to the 2025/26 adopted budget appropriating $461,480.25 for the purchase in the Measure K Fire Budget for the Purchase of Equipment (Report by Larry Pendarvis)
D-2 Amendment No. 1 to Agreement with Stantec Consulting Services, Inc. for the Wastewater Treatment Facility Improvement Project for Additional Engineering Services during Construction and Design of a new Influent Pump Station (IPS) Wet Well Recommendation: Adopt a Resolution approving the Amendment No. 1 to the Agreement with Stantec Consulting Services, Inc. for the Madera Wastewater Treatment Plant (WWTP) Improvements Project, authorizing additional construction-phase engineering support and the design of a new IPS wet well, for a total not-to-exceed amount of $160,000 (Report by Arnoldo Rodriguez)
D-3 Airport Advisory Commission (AAC) Rules of Procedure Recommendation: Adopt a resolution approving revised Airport Advisory Commission (AAC) Rules of Procedure (Report by Arnoldo Rodriguez)
E. ADMINISTRATIVE REPORTS: None
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

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

G. CLOSED SESSION: None
FUTURE MEETING DATES:
 Wednesday, December 3, 2025
 Wednesday, December 17, 2025
ADJOURNMENT:

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

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

When making a request, please provide sufficient details that the City may evaluate the nature of the request and available accommodations to support meeting participation. Please also provide appropriate contact information should the City need to engage in an interactive discussion regarding the requested accommodation.

Update 11/14/25 4:29 p.m. Madera City Council Agenda Page 6 of 6 November 19, 2025
 Please silence or turn off cell phones and electronic devices while the meeting is in session.  Regular meetings of the Madera City Council are held the 1st and 3rd Wednesday of each month at 6:00 p.m. in the Council Chambers at City Hall.
 Any writings or documents provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s office located at 205 W. 4th Street, Madera, CA 93637 and on the City website at www.madera.gov  Questions regarding the meeting agenda or conduct of the meeting, please contact the City Clerk’s Office at (559) 661-5405.
 Para asistencia en español sobre este aviso, por favor llame al (559) 661-5405.

I, Alicia Gonzales, City Clerk for the City of Madera, declare under penalty of perjury that I posted the above agenda for the Regular Meeting of the Madera City Council for November 19, 2025, near the front entrances of City Hall and on the City’s website www.madera.gov at 5:15 p.m. on November 14, 2025. _______________________
Alicia Gonzales, City Clerk

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 19, 2025
_________________________________ Agenda Number:

Will Tackett, Community Development Director
Arnoldo Rodriguez, City Manager
SUBJECT:

Consideration of the Mitigated Negative Declaration prepared for Environmental Assessment (EA) No. SCH 2025090413 for the Northeast Water Storage Tank, Booster Pump Station, and Transmission Main Project, City Project W-T-001.

RECOMMENDATION:

Adopt a Resolution of the City Council of the City of Madera adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the Northeast Water Storage Tank, Booster Pump Station and Transmission Main Project, City Project W-T-0001 (EA No. SCH 2025090413).

City staff request this item be continued to the regular meeting of the Madera City Council scheduled to be held on December 3, 2025.

SUMMARY:

This matter involves consideration of the Environmental Assessment, including the associated initial study, analyses, mitigation measures and resultant findings of the Mitigated Negative Declaration (EA No. SCH 2025090413) prepared for the proposed Northeast Water Storage Tank, Booster Pump Station, and Transmission Main Project, City Project W-T-001 (Project), in accordance with the provisions of the California Environmental Quality Act (CEQA).

The City of Madera has received comments from the State of California Department of Fish and Wildlife (CDFW) during the agency and public review period as required by Section 21091(c)(1) of the California Public Resources Code and Section 15105 of the CEQA Guidelines. CDFW has expressed concerns about the ability of some of the proposed measures to reduce impacts to less than significant and avoid unauthorized take for certain special-status animal species.

Accordingly, CDFW proposes more specific mitigation measures to reduce impacts to less than significant.

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In accordance with the provisions of Public Resources Code § 21091(f), prior to carrying out or approving a project for which a negative declaration has been adopted, the lead agency shall consider the negative declaration together with comments that were received and considered within the public review period.

Staff is requesting this matter be continued in order to afford sufficient time to fully evaluate CDFW’s recommendations in accordance with the requirements for recirculation contained in Section 15073.65(c)(3) of the CEQA Guidelines and for purposes of considering incorporation of the recommended measures into the proposed Mitigation Monitoring and Reporting Program prepared for the project prior to consideration by the City Council.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 19, 2025
_________________________________ Agenda Number: ___________ Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Public Hearing Regarding Annexation No. 17 (Tract 25-S-01 /TSM 2024-05 Tozer III Subdivision) into Community Facilities District No. 2005-1 (Public Services) Under the Mello Roos Community Facilities Act of 1982 and Related Actions
RECOMMENDATION:

That Council consider the following:

1. Hold the Public Hearing.

2. Adopt a Resolution of the City Council (Council) of the City of Madera, California, Authorizing Annexation of Territory (Annexation No. 17) to Community Facilities District No. 2005-1 (Public Services); Authorizing the Levy of a Special Tax; and Submitting the Levy of Tax to the Qualified Electors.

3. Conduct the Election of the Qualified Electors of Annexation No. 17.

4. Adopt a Resolution of the City Council of the City of Madera, California, Making Certain Findings, Declaring and Certifying the Results of a Special Election, and Adding the Territory Identified as Annexation No. 17 to Community Facilities District No. 2005-1 (Public Services).

SUMMARY:

At the regular meeting of the City Council held on October 15, 2025, the Council approved Resolution No. 25-196, declaring the City’s intention to annex the proposed territory (as depicted on the boundary map attached thereto) into Community Facilities District No. 2005-1 (Public Services) (“CFD 2005-1”). At the regularly scheduled meeting on November 19, 2025, after the closure of the public hearing, the Council has two resolutions to consider. The first resolution sets forth the Council’s approval to annex territory to CFD 2005-1 and to levy a special tax. The first resolution identifies the need for the annexation election and refers to the annexation map showing the parcels to be annexed. The second resolution is for adoption by the Council after the results of the election are announced by the City Clerk. The second A-2
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resolution also directs the filing of the Notice of Special Tax Lien against the annexed property to provide authority for City to collect the special tax.

The conditions of approval for the development project known as Subdivision No. 25-S-01 (TSM 2024-05) (the “Project”) require annexation into CFD 2005-1, which was established as an annexable district to provide funding to offset the increased cost for public safety, open space and parks maintenance created by new development.

DISCUSSION:

On November 16, 2005, by Resolution No. 05-334, the City Council established CFD 2005-1, a Mello Roos Community Facilities District with the intention that future development within the City would annex into this district. The special taxes collected from the property owners within the district are used for the funding of police and fire protection services, storm drain infrastructure maintenance and operations, and park maintenance. Property owner assessments are paid as a component of the property tax collection process. As was originally envisioned with the establishment of the CFD, future residential projects not included in the initial formation process are required to go through an annexation process in order to be included in CFD 2005-1. Projects may be annexed one at a time, or in a group if they are ready at the same time.

Joseph Crown Construction and Development Inc. is the property owner/subdivider of the Tozer III Subdivision (Tract 25-S-01 /TSM 2024-05) makes up Annexation No. 17. and is prepared to proceed with the annexation process into CFD 2005-1. The Project includes the development of approximately 168 single family residential units, a ±1.2 acre neighborhood park, and a ±4.3 acre master plan basin. The boundaries of the Project consist of the area within original Assessor’s Parcel Number’s (APN’s) 011-370- 005 as depicted on Attachment 4.

Table 1: Project Overview
Project Name Owner Units Location
Tract 25-S-01/TSM 2024-05,
Tozer III Subdivision
Joseph Crown Construction
& Development Inc. 168
East of Tozer Street
(Road 28), between
Avenue 13 ½ &
East Pecan Avenue
(Avenue 13)
As with all residential subdivisions, conditions of approval for the subdivision require annexation into CFD 2005-1 prior to recordation of the final subdivision map. The City Council took the first action in the annexation process on October 15, 2025, approving the resolution declaring the City’s intention to annex the proposed territory into CFD 2005-1, and establishing this meeting date as the public hearing date for consideration of the annexation of the property into CFD 2005-1. The attached Resolution represents the action the City Council needs to approve to annex the property into the district. See Attachment 2, Exhibit B to view a diagram of the properties proposed to be annexed. As with all residential subdivisions, conditions of approval for the subdivision require annexation into CFD 2005-1 prior to recordation of the final subdivision map. This will comprise the 17th annexation into CFD 2005-01 (Attachment 4).

FINANCIAL IMPACT:

The 2026/2027 Fiscal Year 2005-1 special tax for single-family residential development is not yet available.

However, the 2025/2026 Fiscal Year CFD 2005-1 special tax for single-family residential development is $583.98 per dwelling unit. Based on this figure, the estimated annual revenue that will be received by the City (Fund 76650) for all 168 units in Annexation No. 17 will be $98,108.64. CFD 2005-1 includes an annual Consumer Price Index (“CPI”) adjustment; therefore, this amount will escalate over time. The process for annexation is funded by the developer and no General Fund monies are used for this effort.

ALTERNATIVES:

The City Council adopted Ordinance C.S. 792 on December 7, 2005, authorizing the levy of a Special Tax within CFD 2005-1 commencing in fiscal year 2006/2007 and each year thereafter. The Council could, at its discretion, consider alternative methods for funding the necessary services that are demanded by residential development and supported by CFD 2005-1. Amendment of the ordinance would be required.

ATTACHMENTS:

1. Resolution of Annexation
Exhibit A - Rate and Method of Apportionment
Exhibit B – Ballot

2. Resolution of Results of Election
Exhibit A – Statement of Votes Cast
Exhibit B – Annexation Map
Exhibit C – List of Properties

3. Tract 25-S-01/ TSM 2024-05, Tozer III Subdivision Map

4. CFD 2005-1 Map
ATTACHMENT 1
Resolution of Annexation
Including:

Exhibit A – Rate and Method of Apportionment
Exhibit B - Ballot
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY (ANNEXATION NO. 17) TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES),

AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF TAX

TO THE QUALIFIED ELECTORS
WHEREAS, this City Council (“Council”), on October 15, 2025, adopted Resolution No. 25- 196, (hereafter referred to as the “Resolution of Intention”) stating its intention to annex territory to City of Madera Community Facilities District No. 2005-1 (Public Services) (hereafter referred to as “CFD No. 2005-1”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (hereafter referred to as the “Act”); and
WHEREAS, a copy of the Resolution of Intention, which states the authorized services to be provided and financed by CFD No. 2005-1, and a description and map of the proposed boundaries of the territory to be annexed known as Tract 25-S-01/ TSM 2024-05, Tozer III Subdivision (“Annexation No. 17”) to CFD No. 2005-1, is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein.

Annexation No. 17 will consist of 168 single family residential units located on the east side of Tozer Street (Road 28) between Avenue 13 ½ and East Pecan Avenue (Avenue 13), a ±1.2-acre pocket park, and a ±4.3-acre master plan storm drainage basin.

WHEREAS, on November 19, 2025, the Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to CFD No. 2005-1; and
WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to CFD No. 2005-1 and the levy of said special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; and WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to CFD No. 2005-1 by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in CFD No. 2005-1, or (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be annexed to CFD No. 2005-1, or (iii) owners of one-half or more of the area of land in the territory proposed to be annexed to CFD No. 2005-1; and WHEREAS, a boundary map for Annexation No. 17 to CFD No. 2005-1 has been filed with the County Recorder of the County of Madera, which map shows the territory to be annexed in these proceedings, and a copy thereof is on file with the City Clerk.

NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council for the City of Madera as follows:

SECTION 1. The above recitals are all true and correct.

SECTION 2. All prior proceedings taken by this Council with respect to CFD No. 2005-1 and the proposed annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act.

SECTION 3. The description and map of the boundaries of the territory to be annexed to CFD No. 2005-1, on file with the City Clerk are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of CFD No. 2005-1, and said territory is hereby annexed to CFD No. 2005-1, subject to voter approval of the levy of the special taxes therein as hereinafter provided.

SECTION 4. The services which CFD No. 2005-1 is authorized to finance are in addition to those provided in or required for the territory within CFD No. 2005-1 and the territory to be annexed to CFD No. 2005-1 and will not be replacing services already available. A general description of the services to be financed is as follows:

Police protection services and fire protection and suppression services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppression services and other services as defined herein, respectively, and (iv) City overhead costs associated with providing such services within the District. On each July 1 following the Base Year the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor as provided in the Rate and Method of Apportionment of the Special Taxes. The Special Tax will finance Services that are in addition to those provided in or required for the territory within the District and will not be replacing services already available. The Special Tax provides only partial funding for police and fire services.

Park Maintenance of the City of Madera, including but not limited to, labor, material, administration, personnel, equipment, and utilities necessary to maintain park improvements within the District, including recreational facilities, trees, plant material, sod, irrigation systems, sidewalks, drainage facilities, weed control and other abatements, public restrooms, signs, monuments, and associated appurtenant facilities located within the District.

Storm drainage system maintenance and operations of the City of Madera, including but not limited to, labor, material, administration, personnel, equipment, and utilities necessary to maintain and operate the storm drainage system within the District.

SECTION 5. It is the intention of this legislative body that, except where funds are otherwise available, a special tax sufficient to pay for said services to be provided in CFD No. 2005-1 and the territory proposed to be annexed as part of Annexation No. 17, secured by recordation of a continuing lien against all non-exempt real property in Annexation No. 17, will be levied annually within the boundaries of Annexation No. 17 from and after the annexation of such property to CFD No. 2005-1. The special taxes shall be those as originally authorized through the formation of CFD No. 2005-1 and adopted by Ordinance of this legislative body, and no changes or modifications are proposed in the special taxes from those as originally set forth and made applicable to CFD No. 2005-1.

For particulars as to the rate and method of apportionment of the proposed special tax (the “RMA”), reference is made to the attached and incorporated Exhibit A which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Annexation No. 17 to clearly estimate the maximum annual amount that said person will have to pay on said special tax.

SECTION 6. The provisions of the Resolution of Intention of the City each as heretofore adopted by this Council are by this reference incorporated herein, as if fully set forth herein. (a) Pursuant to the provisions of the Act, the proposition of the levy of the special tax within Annexation No. 17 shall be submitted to the voters within Annexation No. 17 at a special election called therefor as hereinafter provided.

This Council hereby finds that fewer than 12 persons have been registered to vote within Annexation No. 17 for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within Annexation No. 17 and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in Annexation No. 17.
(b) Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot under section 1340 of the California Elections Code. The Council called a special election to consider the measures described and incorporated as Exhibit A which election will be conducted on November 19, 2025 (hereafter referred to as “Election Day”). The City Clerk is the election official to conduct the election and provided each landowner in the territory to be annexed to CFD No. 2005-1, a ballot in the form of Exhibit B, which form is hereby approved. The City Clerk has accepted the ballots of the qualified electors received prior to 6:00 p.m. on Election Day, whether received by mail or by personal delivery. (c) This Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election hereinabove specified is established accordingly.

SECTION 7. This resolution is effective immediately.

EXHIBIT A

CITY OF MADERA
COMMUNITY FACILITIES DISTRICT 2005-1 (PUBLIC SERVICES)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax of Community Facilities District No. 2005-1 of the City of Madera (the “District”) shall be levied on all Assessor’s Parcels in the District and collected each Fiscal Year commencing Fiscal Year 2006-07 in an amount determined by the City through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the District, unless exempted by law or by the provisions hereof shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final subdivision map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560. “Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Titles of the Government Code of the State of California, as amended, which authorizes the establishment of the District to finance: a) police protection services, and b) fire protection and suppression services, c) park maintenance, d) storm drainage system operation and maintenance and other services as defined herein including but not limited to ambulance and paramedic services. “Administrative Expenses” means the actual or estimated costs incurred by the City as administrator of the District to determine, levy and collect the Special Taxes, including the proportionate amount of the salaries and benefits of City employees whose duties are directly related to administration of the District and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports; and any other costs required to administer the District as determined by the City.
“Annual Escalation Factor” means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price Index (CPI) or three percent (3%). The annual CPI used shall be for the area of San Francisco- Oakland-San Jose, CA as reflected in the then-current April update. The annual CPI used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained t1rou the California Division of Labor Statistics and Research (www.dir.ca.gov/dlsr). If the foregoing index is not available, the District Administrator shall select a reasonably comparable index.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.
“Base Year” means Fiscal Year ending June 30, 2007.
“City” means the City of Madera.
“Council” means the City Council of the City of Madera, acting as the legislative body of the District. “County” means the County of Madera, California.
”Developed Multi-Family Residence” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing a residential structure consisting of two or more residential units that share common walls, including but not limited to, duplexes, triplexes, town homes, condominiums, and apartment units.
”Developed Property” means all Taxable Property, exclusive of Property Owner Association Property, Non-Residential Property, or Public Property, for which a building permit was issued after January 1, 2005, and prior to May 1st preceding the Fiscal Year in which the Special Tax is being levied.
”Developed Single-Family Residence” means all Assessor’s Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one single-family residential dwelling unit.
“District Administrator” means an official of the City, or designee thereof responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. “District” means Community Facilities District No. 2005-1 of the City of Madera. “Entitled Property” means an Assessor’s Parcel and/or Lot in the District, which has a Final Map recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied, but for which no building permit has been issued prior to the May Pt preceding the Fiscal Year in which the Special Tax is being levied. The term “Entitled Property” shall apply only to Assessors’ Parcels and/or Lots, which have been subdivided for the purpose of residential development, excluding any Assessor’s Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator.
“Final Map” means an Assessor’s Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County Recorder.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Land Use Class” means any of the classes listed in Table 1. “Lot” means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may be issued.
“Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor’s Parcel. “Non-Residential Property” means all Assessors’ Parcels for which a building permit(s) has been issued for a non-residential use and does not contain any residential units as defined under Developed Single Family Residence or Developed Multi-Family Residence. “Property Owner Association Property” means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub- association. ”Proportionately” means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Class. “Public Property” means any property within the boundaries of the District that is, at the time of the District formation or at the time of an annexation, expected to be used for rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency. “Service Costs” means the estimated and reasonable costs of providing police protection services and fire protection and suppression services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppression services and other services as defined herein, respectively, (iv) City overhead costs associated with providing such services within the District, (v) park maintenance, and (vi) storm drainage system operation and maintenance. On each July 1 following the Base Year, the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor. The Special Tax will finance Services that are in addition to those provided in or required for the territory within the District and will not be replacing Services already available. The Special Tax provides only partial finding for police services, fire suppression and protection services, park maintenance, and storm drainage system operation and maintenance. ”Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to find the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below.
”Special Tax Requirement” means that amount required in any Fiscal Year for the District to: (i) pay for Service Costs; (ii) pay reasonable Administrative Expenses; (iii) pay any amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year’s Special Tax levy. “State” means the State of California.
”Property” means all of the Assessor’s Parcels within the boundaries of the District and any future annexation to the District that are not exempt from the Special Tax pursuant to law or as defined herein. ”Tax Exempt Property” means an Assessor’s Parcel not subject to the Special Tax. Tax- Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Non-Residential Property, and (iv) property designated by the City or District Administrator as Tax-Exempt Property. ”Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels of Taxable Property not classified as Developed Property or Entitled Property, including an Assessor’s Parcel that is designated as a remainder parcel and is not identified as potential Public Property by any final documents and/or maps available to the District Administrator means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use.

B ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the District shall be classified as Developed Property, Entitled Property, or Undeveloped Property. Developed Property shall be further classified as Developed Single-Family Residence or Developed Multi-Family Residence.

Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX RATE

1. DEVELOPED PROPERTY
TABLE 1

MAXIMUM SPECIAL TAX FOR DEVELOPED PROPERTY
COMMUNITY FACILITIES DISTRICT NO. 2005-1
Land Use Class Description Maximum Special
Tax Per Unit1
1 Developed Single-Family Residence $311 per unit
2 Developed Multi-Family Residence $285 per unit
1 Maximum Special Tax includes Administrative Expenses

2. ENTITLED PROPERTY
TABLE 2

MAXIMUM SPECIAL TAX FOR ENTITLED PROPERTY
COMMUNITY FACILITIES DISTRICT NO. 2005-1
Land Use Class Description Maximum Special Tax
Per Unit1
3 Entitled Property $166 per lot
1 Maximum Special Tax includes Administrative Expenses
On each July 1 following the Base Year (i.e., July 1, 2007), the Maximum Special Tax Rates in Table 1 and Table 2 shall be increased in accordance with the Annual Escalation Factor.

3. UNDEVELOPED PROPERTY
No Special Tax shall be levied on Undeveloped Property.

4. TAX-EXEMPT PROPERTY
No Special Tax shall be levied on Tax-Exempt Property.

5. MULTIPLE LAND USE CLASSES
In some instances, an Assessor’s Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor’s Parcel.

D. METHOD OF APPORTIONMENT OF SPECIAL TAXES
Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement. First, the Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Developed Property Proportionately between Developed Single- Family Residence and Developed Multi- Family Residence up to 100% of the applicable Maximum Special Tax. Second, if the Special Tax Requirement has not been satisfied by the first step, then the Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Entitled Property up to 100% of the applicable Maximum Special Tax for Entitled Property.

E. APPEALS
Any taxpayer that believes that the amount of the Special Tax assigned to an Assessor’s Parcel is in error may file a written notice with the District Administrator appealing the levy of the Special Tax. This notice is required to be filed with the District Administrator during the Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer. If the District Administrator verifies that the tax should be changed, the Special Tax levy shall be corrected and, if applicable in any case, a refund shall be granted.

F. EXEMPTIONS
No Special Tax shall be levied on Non-Residential Property, Undeveloped Property, Property Owner Association Property or Public Property.

G. MANNER OF COLLECTION
Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the District Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the District or as otherwise determined appropriate by the District Administrator.

H. TERM OF SPECIAL TAX
After the establishment of the District, the City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal Impact Analysis, otherwise the Special Tax shall be levied in perpetuity.

EXHIBIT B
City of Madera
Community Facilities District No. 2005-1, (Public Services), Annexation No. 17

OFFICIAL BALLOT

SPECIAL TAX ANNEXATION ELECTION
This ballot is for the special landowner election. You must return this ballot in the enclosed envelope to the office of the City Clerk of the City of Madera no later than 6:00 o’clock p.m. on Wednesday, November 19, 2025, either by mail or in person. The City Clerk’s office is located at City Hall, 205 W. Fourth Street, Madera, California 93637.

To vote, mark in the voting square after the word “YES” or after the word “NO”. For a list of acceptable marks, please refer to the back of this ballot.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Madera and obtain another.

BALLOT MEASURE: Shall the City of Madera, by and for its Community Facilities District No. 2005-1 (Public Services) (the “CFD”), be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of Intention of the City of Madera adopted by its Council on October 15, 2025?
YES:

NO:

By execution in the space provided below, you also confirm your waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326 (a) and 53327 (b) of the California Government Code.

Acres Owned Within Territory Annexed:

Number of Votes:

Property Owner:

Property Owner/Authorized Representative Signature: ________________________ ATTACHMENT 2
Resolution of Results of Election
Including:

Exhibit A – Statement of Votes Cast
Exhibit B – Annexation Map
Exhibit C – List of Properties
RESOLUTION NO. _____

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

MAKING CERTAIN FINDINGS, DECLARING AND CERTIFYING THE RESULTS OF A

SPECIAL ELECTION, AND ADDING THE TERRITORY IDENTIFIED AS ANNEXATION NO. 15 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) WHEREAS, the City Council of the City of Madera (the "City Council"), has previously formed a Community Facilities District pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, said Article 3.5 thereof. The existing Community Facilities District being designated as Community Facilities District No. 2005-1 (Public Services) (hereafter referred to as “CFD No. 2005-1”); and
WHEREAS, the City Council initiated proceedings and pursuant to Section 53325.1 of the California Government Code the City Council (the “City Council”) of the City of Madera (hereafter referred to as the “City”) has adopted the resolution authorizing the annexation of territory known as Tract 25-S-01/ TSM 2024-05, Tozer III Subdivision (“Annexation No. 17”) to City of Madera Community Facilities District No. 2005-1, County of Madera, State of California (hereafter referred to as “CFD No. 2005-1”). Annexation No. 17 will consist of 168 single family residential units located on the east side of Tozer Street (Road 28) between Avenue 13 ½ and East Pecan Avenue (Avenue 13), a ±1.2-acre neighborhood park, and a ±4.3-acre master plan storm drainage basin; and
WHEREAS, by that resolution, the City Council called a special election on the propositions to be submitted to the voters of the territory proposed to be annexed to CFD No. 2005-1 with respect to the levy of special taxes therein for the financing of police protection services, fire protection and suppression services, park maintenance, and storm drainage system operation and maintenance within CFD No. 2005-1 and duly held an election in the area of Annexation No. 17 on November 19, 2025; and
WHEREAS, pursuant to Section 53326 of the California Government Code, it is necessary that the City Council submit to the voters of Annexation No. 17 the annual levy of special taxes on taxable property within Annexation No. 17; and
WHEREAS, pursuant to Section 53326 of the California Government Code, it is necessary that the City Council submit to the voters of Annexation No. 15 the annual levy of special taxes on taxable property within Annexation No. 17; and
WHEREAS, at this time the unanimous consent to the annexation of Annexation No. 17 has been received from the property owner or owners of such territory; and WHEREAS, twelve (12) or more registered voters have not resided within the territory of Annexation No. 17 for each of the ninety (90) days preceding November 19, 2025, therefore, pursuant to the Act the qualified electors of Annexation No. 17 shall be the "landowners" of Annexation No. 17 as such term is defined in Government Code Section 53317(f), and each such landowner who is the owner of record, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within Annexation No. 17; and
WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within Annexation No. 17 to the qualified electors of Annexation No. 17 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexation No. 17; and WHEREAS, the City Clerk of the City of Madera has caused ballots to be distributed to the qualified electors of Annexation No. 17, has received and canvassed such ballots and made a report to the City Council regarding the results of such canvas, a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and WHEREAS, at this time the measure voted upon did receive the favorable 2/3’s vote of the qualified electors, and the City Council desires to declare the results of the election; and WHEREAS, a map showing the territory to be annexed and designated as Annexation No. 17 (hereafter referred to as the "Annexation Map"), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers and landowners, a copy of which is attached as Exhibit C hereto and incorporated herein by this reference, has been submitted to the City Council.

NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council for the City of Madera Community Facilities District No. 2005-1, Annexation No. 17 as follows:

SECTION 1. The above recitals are all true and correct and incorporated herein.

SECTION 2. This City Council does hereby find and determine as follows:
(a) The canvass of the votes cast in the Property to be annexed to the District at the special election held in the territory of Annexation No. 17 on November 19, 2025, as shown in the Certificate of Election Official and Statement of Votes Cast is hereby approved and confirmed. (b) The unanimous consent to the annexation of Annexation No. 17 to CFD No. 2005-1 has been given by all of the owners within Annexation No. 17, and such consent shall be kept on file in the Office of the City Clerk. (c) Twelve (12) or more registered voters have not resided within the territory of Annexation No. 17 for each of the ninety (90) days preceding November 19, 2025, therefore, pursuant to the Act the qualified electors of Annexation No. 17 shall be the "landowners" of such Annexation No. 17 as such term is defined in Government Code Section 53317(f). (d) The qualified electors of Annexation No. 17 have voted in favor of the levy of special taxes within Annexation No. 17 upon its annexation to CFD No. 2005-1.
(e) The City Council is hereby authorized to take the necessary steps to levy the special tax authorized by the Measure in the area of Annexation No. 17.

SECTION 3. The boundaries and parcels of territory within Annexation No. 17 and on which special taxes will be levied in order to pay for the costs and expenses of authorized public services are shown on the Annexation Map as submitted to and hereby approved by this City Council.

SECTION 4. The City Council does hereby determine and declare that the territory in Annexation No. 17 is now added to and becomes a part of CFD No. 2005-1. The City Council, acting as the legislative body of CFD No. 2005-1, is hereby empowered to levy the authorized special tax within Annexation No. 17 and hereby authorizes the levy of a Special Tax at the Rate and Method of Apportionment set forth in Exhibit A to the Resolution Authorizing Annexation, Authorizing levy of Special Tax, and Calling Special Election.

SECTION 5. Immediately upon adoption of this Resolution, notice shall be given as follows:

A. A copy of the Annexation Map as approved shall be filed in the Office of the County Recorder not later than fifteen (15) days after the date of adoption of this Resolution.

B. An Amendment No. 17 to the Notice of Special Tax Lien shall be recorded in the Office of the County Recorder for Madera County not later than fifteen (15) days after the date of adoption of this Resolution.

SECTION 6. This resolution is effective immediately.

EXHIBIT A
Certificate of Election Official and Statement of Votes Cast

STATE OF CALIFORNIA )
COUNTY OF MADERA ) ss.

CITY OF MADERA )
The undersigned, ELECTION OFFICIAL OF THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the

CITY OF MADERA
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SERVICES)
ANNEXATION NO. 17

SPECIAL ELECTION
held in the City of Madera, on November 19, 2025.

I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed, Annexation No. 17 to Community Facilities District No. 2005-1 (Public Services) of the City of Madera for or against the Measure are full, true and correct.

VOTES CASTED: YES________
NO ________
WITNESS my hand this _____ day of _______________, 2025

EXHIBIT B

EXHIBIT C
List of Assessor Parcel Numbers and Landowners
APN Landowner
011-370-005 Joseph Crown Construction & Development Inc.

ATTACHMENT 3
Tract 25-S-01/TSM 2024-05
Tozer III Subdivision Map

PROFESSIONAL LAND SURVEYOR

STATE OF CAL I FORN I A

RUBEN APARICIO
I I I
01 Attachment 2
< >
01 ATTACHMENT 3
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< >
01 ATTACHMENT 3
01 ATTACHMENT 3
ATTACHMENT 4
CFD 2005-1 Map
ATTACHMENT 4 – CFD 2005-1 Map

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: November 19, 2025
Agenda Number: B-1
Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Informational Report on Register of Audited Demands
RECOMMENDATION:

Review Register of Audited Demands Report for October 25 to November 7, 2025 SUMMARY:

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

Table 1: Warrant Distribution Summary
Description Check #’s Amount
General Warrants 43877 – 44044 $1,019,239.69
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes US Bank $914,784.39
SDI EDD $3,193.27
CalPERS Payment CalPERS $158,377.73
DISCUSSION:

Warrant requests are processed weekly based on the Fiscal Year 2025/2026 Adopted Budget and released for payment every Monday. Each demand has been audited, and the Finance Director hereby certifies as to their accuracy and that there were sufficient funds for their payment. Per Return to Agenda
request of City Council, we have included the departments from which each of the respective warrants were requested as well as the fund/division description from which they were paid.

FINANCIAL IMPACT:

Demands for payments are made within the constraints of the Fiscal Year 2025/2026 Adopted Budget.

ALTERNATIVES:

Informational only.

ATTACHMENTS:

Register of Audited Demands

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 43877 10/28/2025 FLEET MAINTENANCE PW Safe & Clean Initiative THE PAPE GROUP INC TRACK LOADER WEAR ITEMS 1,420.64 43878 10/28/2025 PARKS ADMINISTRATION Parks DAVE BANG ASSOCIATES, INC. OF CALIFORNIASRAN PLAYGROUND REPAIRS 2,093.42 43879 10/28/2025 PARKS ADMINISTRATION Sports Programs J & D MANUFACTURING TINY TIKES T-SHIRTS 384.29 43880 10/28/2025 SEWER MTNC/OPS Sewer Mtnc/Operations S ANDERSON PUMP COMPANY FGSL PUMP 1 REPAIRS 5,839.46 43881 10/28/2025 HR/RISK MGT HR/RISK MGT BATTLES, ERIC PER DIEM - CALPELRA 2025 CONFERNENCE 184.00 43882 10/28/2025 GRANTS TRANS - FIXED MV TRANSPORTATION, INC. TRANSIT OPERATOR 09/25 125,684.66 43882 10/28/2025 GRANTS TRANS - DAR MV TRANSPORTATION, INC. TRANSIT OPERATOR 09/25 92,488.06 43883 10/28/2025 FLEET MAINTENANCE SB1-State of Good Repair O'REILLY AUTOMOTIVE STORES, INC. DIAGNOSTIC TOOLS 20,384.06 43884 10/28/2025 PD OPERATIONS PD Operations CV FORENSIC NURSING SPECIALISTS EXAM - 25M-05964, 25M-06305, & 25M-06639 3,500.00 43885 10/28/2025 FIRE Fire VAN DE POL ENTERPRISES, INC. FUEL CDF - 09/01/25-09/15/2 444.17 43885 10/28/2025 FIRE Fire VAN DE POL ENTERPRISES, INC. FUEL CDF - 09/16/25-09/30/25 383.05 43885 10/28/2025 FIRE MEAS K - FIRE VAN DE POL ENTERPRISES, INC. FUEL CDF - BULK DIESEL 2,518.80 43886 10/28/2025 HR/RISK MGT HR/RISK MGT ALLIANT INSURANCE SERVICES, INC. CONSULTING SERVICES 3,750.00 43887 10/28/2025 CITY CLERK'S OFFICE City Council VILLEGAS, ARTEMIO REIMBURSEMENT - AIRPORT PARKING 85.00 43888 10/28/2025 PD OPERATIONS PD Operations LAW DOG K9 K9 VENDOR TRAINING 2,100.00 43889 10/28/2025 FINANCE CDBG Public Services OLIVE CHARITABLE ORGANIZATION CDBG 25/26 - BENNET HOUSE Q1 3,750.00 43890 10/28/2025 CITY ADMIN City Clerk's Office GONZALES, ALICIA PER DIEM - CITY CLERKS NEW LAW & ELECTIONS SEMINAR 579.50 43891 10/28/2025 FACILITIES AIRPORT OPS MICHAEL GRAHAM AIRPORT GATE SERVICE 779.00 43892 10/28/2025 HR/RISK MGT PD Operations VIDEGAIN, ALICIA TUITION REIMBURSEMENT 459.00 43893 10/28/2025 HR/RISK MGT PD Operations SARAH SARQUIZ TUITION REIMBURSEMENT 375.00 43894 10/28/2025 CITY ADMIN AIRPORT OPS EAGLESHIELD PEST CONTROL PEST CONTROL SERVICES 10/25 39.00 43894 10/28/2025 CITY ADMIN Central Admin EAGLESHIELD PEST CONTROL PEST CONTROL SERVICES 10/25 39.00 43894 10/28/2025 CITY ADMIN Comm & Rec Centers EAGLESHIELD PEST CONTROL PEST CONTROL SERVICES 10/25 351.00 43894 10/28/2025 CITY ADMIN Engineering EAGLESHIELD PEST CONTROL PEST CONTROL SERVICES 10/25 78.00 43894 10/28/2025 CITY ADMIN Fire EAGLESHIELD PEST CONTROL PEST CONTROL SERVICES 10/25 117.00 43894 10/28/2025 CITY ADMIN INTERMODAL BLDG EAGLESHIELD PEST CONTROL PEST CONTROL SERVICES 10/25 78.00 43894 10/28/2025 CITY ADMIN Parks EAGLESHIELD PEST CONTROL PEST CONTROL SERVICES 10/25 39.00 43894 10/28/2025 CITY ADMIN Sewer Mtnc/Operations EAGLESHIELD PEST CONTROL PEST CONTROL SERVICES 10/25 19.49 43894 10/28/2025 CITY ADMIN WATER CONSERV EAGLESHIELD PEST CONTROL PEST CONTROL SERVICES 10/25 4.88 43894 10/28/2025 CITY ADMIN Water Mtnc/Operations EAGLESHIELD PEST CONTROL PEST CONTROL SERVICES 10/25 9.75 43894 10/28/2025 CITY ADMIN Water Quality Control EAGLESHIELD PEST CONTROL PEST CONTROL SERVICES 10/25 4.88 43894 10/28/2025 CITY ADMIN WWTP EAGLESHIELD PEST CONTROL PEST CONTROL SERVICES 10/25 39.00 43894 10/28/2025 CITY ADMIN PD Operations EAGLESHIELD PEST CONTROL PEST CONTROL SERVICES 10/25 39.00 43895 10/28/2025 FINANCE Finance FOSTER & FOSTER CONSULTING ACTUARIES GASB 75 PREP INC. 6,250.00 43896 10/28/2025 FINANCE Madera Groundwater JPA CALTECH WEB LLC ommitt WEB DESIGN & MAINTENANCE - 10/10/25-11/09/2599.00 43897 10/28/2025 ENGINEERING Sewer Capital Outlay GATEWAY PACIFIC CONTRACTORS, INC. WWTP24-01 IMPROVEMENTS PROJECT 38,950.00

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

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT November 19, 2025
43898 10/28/2025 ENGINEERING Sewer Capital Outlay GATEWAY PACIFIC CONTRACTORS, INC. WWTP24-01 IMPROVEMENTS PROJECT 2,050.00 43899 10/28/2025 FINANCE CDBG ADMIN LESAR DEVELOPMENT CONSULTANTS PLAN CONSULTANTS 20,984.75 43900 10/28/2025 PD OPERATIONS MEAS K - PD ALLSTEEL INC ACUITY OFFICE CHAIRS 13,288.12 43901 10/28/2025 CITY ADMIN WWTP MOUNTAIN VALLEY ENVIRONMENTAL SERV. CONSULTING SERVICES ES, INC. 30,320.00 43902 10/28/2025 WWTP WWTP BLUE TRITON BRANDS INC WWTP - LAB & DRINKING WATER 586.31 43903 10/28/2025 PARKS ADMINISTRATION Parks Grants OD SPORTS ACQUISITION, INC. LTC BATTING CAGES 22,919.78 43904 10/28/2025 GRANTS Measure T -Transit Enhancement FLEXLYNQS, LLC MICRO TRANSIT FEASIBILITY STUDY 23,876.93 43905 10/28/2025 WATER QUALITY CONT. Water Quality Control DELLAVALLE LABORATORY,INC. WEEKLY SAMPLING 1,216.00 43905 10/28/2025 WATER QUALITY CONT. Water Quality Control DELLAVALLE LABORATORY,INC. WEEKLY SAMPLING 608.00 43905 10/28/2025 WATER QUALITY CONT. Water Quality Control DELLAVALLE LABORATORY,INC. REPEAT SAMPLING 128.00 43905 10/28/2025 WATER QUALITY CONT. Water Quality Control DELLAVALLE LABORATORY,INC. SPECIAL SAMPLES 36.00 43905 10/28/2025 WATER QUALITY CONT. Water Quality Control DELLAVALLE LABORATORY,INC. MONTHLY WELL SAMPLING 540.00 43905 10/28/2025 WATER QUALITY CONT. Water Quality Control DELLAVALLE LABORATORY,INC. SPECIAL SAMPLES 36.00 43906 10/28/2025 FINANCE Central Admin AT&T 09/25 CALNET SERVICE 9391026406 29.86 43906 10/28/2025 FINANCE City Attorney AT&T 09/25 CALNET SERVICE 9391026388 63.34 43906 10/28/2025 FINANCE Code Enforcement AT&T 09/25 CALNET SERVICE 9391026413 62.49 43906 10/28/2025 FINANCE Comm & Rec Centers AT&T 09/25 CALNET SERVICE 9391026393 92.68 43906 10/28/2025 FINANCE Comm & Rec Centers AT&T 09/25 CALNET SERVICE 9391026392 62.88 43906 10/28/2025 FINANCE Comm & Rec Centers AT&T 09/25 CALNET SERVICE 9391026391 279.60 43906 10/28/2025 FINANCE Facilities Maintenance AT&T 09/25 CALNET SERVICE 9391026394 24.56 43906 10/28/2025 FINANCE Facilities Maintenance AT&T 09/25 CALNET SERVICE 9391031564 13.71 43906 10/28/2025 FINANCE Finance AT&T 09/25 CALNET SERVICE 9391026406 29.85 43906 10/28/2025 FINANCE Fleet Maintenance AT&T 09/25 CALNET SERVICE 9391026394 16.40 43906 10/28/2025 FINANCE Fleet Maintenance AT&T 09/25 CALNET SERVICE 9391031564 9.14 43906 10/28/2025 FINANCE HR/RISK MGT AT&T 09/25 CALNET SERVICE 9391026400 31.41 43906 10/28/2025 FINANCE Parks AT&T 09/25 CALNET SERVICE 9391026412 163.28 43906 10/28/2025 FINANCE Parks Administration AT&T 09/25 CALNET SERVICE 9391031580 288.12 43906 10/28/2025 FINANCE STREETS AT&T 09/25 CALNET SERVICE 9391026394 40.96 43906 10/28/2025 FINANCE STREETS AT&T 09/25 CALNET SERVICE 9391031564 22.86 43906 10/28/2025 FINANCE Sewer Mtnc/Operations AT&T 09/25 CALNET SERVICE 9391026394 28.65 43906 10/28/2025 FINANCE Sewer Mtnc/Operations AT&T 09/25 CALNET SERVICE 9391031564 15.99 43906 10/28/2025 FINANCE SOLID WASTE AT&T 09/25 CALNET SERVICE 9391026394 32.74 43906 10/28/2025 FINANCE SOLID WASTE AT&T 09/25 CALNET SERVICE 9391031564 18.29 43906 10/28/2025 FINANCE Sr Citizen Community ServiceAT&T 09/25 CALNET SERVICE 9391026415 66.79 43906 10/28/2025 FINANCE Sr Citizen Community ServiceAT&T 09/25 CALNET SERVICE 9391026389 31.41 43906 10/28/2025 FINANCE UB - Garbage AT&T 09/25 CALNET SERVICE 9391026394 8.19

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT November 19, 2025
43906 10/28/2025 FINANCE UB - Garbage AT&T 09/25 CALNET SERVICE 9391031564 4.57 43906 10/28/2025 FINANCE UB - Sewer AT&T 09/25 CALNET SERVICE 9391026394 8.19 43906 10/28/2025 FINANCE UB - Sewer AT&T 09/25 CALNET SERVICE 9391031564 4.57 43906 10/28/2025 FINANCE UB - Water AT&T 09/25 CALNET SERVICE 9391026394 16.40 43906 10/28/2025 FINANCE UB - Water AT&T 09/25 CALNET SERVICE 9391031564 9.15 43906 10/28/2025 FINANCE Water Mtnc/Operations AT&T 09/25 CALNET SERVICE 9391026394 36.84 43906 10/28/2025 FINANCE Water Mtnc/Operations AT&T 09/25 CALNET SERVICE 9391031564 20.56 43906 10/28/2025 FINANCE Water Quality Control AT&T 09/25 CALNET SERVICE 9391026394 16.40 43906 10/28/2025 FINANCE Water Quality Control AT&T 09/25 CALNET SERVICE 9391031564 9.14 43906 10/28/2025 FINANCE WWTP AT&T 09/25 CALNET SERVICE 9391026405 31.41 43906 10/28/2025 FINANCE WWTP AT&T 09/25 CALNET SERVICE 9391026410 61.27 43906 10/28/2025 FINANCE WWTP AT&T 09/25 CALNET SERVICE 9391026417 40.14 43906 10/28/2025 FINANCE WWTP AT&T 09/25 CALNET SERVICE 9391026394 24.56 43906 10/28/2025 FINANCE WWTP AT&T 09/25 CALNET SERVICE 9391031564 13.71 43906 10/28/2025 FINANCE Purchasing AT&T 09/25 CALNET SERVICE 9391026394 24.56 43906 10/28/2025 FINANCE Purchasing AT&T 09/25 CALNET SERVICE 9391031564 13.71 43906 10/28/2025 FINANCE PD Operations AT&T 09/25 CALNET SERVICE 9391026414 379.49 43906 10/28/2025 FINANCE PD Operations AT&T 09/25 CALNET SERVICE 9391026411 126.35 43906 10/28/2025 FINANCE PD Operations AT&T 09/25 CALNET SERVICE 9391031579 283.83 43906 10/28/2025 FINANCE PD Operations AT&T 09/25 CALNET SERVICE 9391031561 155.40 43907 10/28/2025 FINANCE Aquatics Programs AT&T 09/25 CALNET SERVICE 9391026397 29.85 43907 10/28/2025 FINANCE Building AT&T 09/25 CALNET SERVICE 9391026407 31.41 43907 10/28/2025 FINANCE Fire AT&T 09/25 CALNET SERVICE 9391026402 31.41 43907 10/28/2025 FINANCE Sr Citizen Community Serv AT&T e 09/25 CALNET SERVICE 9391026395 31.41 43908 10/28/2025 FINANCE AIRPORT OPS AT&T 09/25 FIRSTNET SERVICE 287302656036 134.70 43908 10/28/2025 FINANCE Building AT&T 09/25 FIRSTNET SERVICE 287302656036 149.85 43908 10/28/2025 FINANCE City Clerk's Office AT&T 09/25 FIRSTNET SERVICE 287302656036 89.80 43908 10/28/2025 FINANCE City Council AT&T 09/25 FIRSTNET SERVICE 287302656036 281.68 43908 10/28/2025 FINANCE Code Enforcement AT&T 09/25 FIRSTNET SERVICE 287302656036 44.90 43908 10/28/2025 FINANCE Comm & Rec Centers AT&T 09/25 FIRSTNET SERVICE 287302656036 49.95 43908 10/28/2025 FINANCE COMPUTER MAINT AT&T 09/25 FIRSTNET SERVICE 287302656036 575.94 43908 10/28/2025 FINANCE Engineering AT&T 09/25 FIRSTNET SERVICE 287302656036 284.92 43908 10/28/2025 FINANCE Facilities Maintenance AT&T 09/25 FIRSTNET SERVICE 287302656036 315.08 43908 10/28/2025 FINANCE Finance AT&T 09/25 FIRSTNET SERVICE 287302656036 194.75 43908 10/28/2025 FINANCE Fleet Maintenance AT&T 09/25 FIRSTNET SERVICE 287302656036 44.90 43908 10/28/2025 FINANCE GRANT OVERSIGHT AT&T 09/25 FIRSTNET SERVICE 287302656036 94.85

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT November 19, 2025
43908 10/28/2025 FINANCE HR/RISK MGT AT&T 09/25 FIRSTNET SERVICE 287302656036 49.95 43908 10/28/2025 FINANCE LMD Services AT&T 09/25 FIRSTNET SERVICE 287302656036 49.95 43908 10/28/2025 FINANCE Parks AT&T 09/25 FIRSTNET SERVICE 287302656036 94.85 43908 10/28/2025 FINANCE Parks Administration AT&T 09/25 FIRSTNET SERVICE 287302656036 90.19 43908 10/28/2025 FINANCE Planning AT&T 09/25 FIRSTNET SERVICE 287302656036 94.85 43908 10/28/2025 FINANCE STREETS AT&T 09/25 FIRSTNET SERVICE 287302656036 165.12 43908 10/28/2025 FINANCE Recreation AT&T 09/25 FIRSTNET SERVICE 287302656036 44.90 43908 10/28/2025 FINANCE Sewer Mtnc/Operations AT&T 09/25 FIRSTNET SERVICE 287302656036 87.22 43908 10/28/2025 FINANCE Sports Programs AT&T 09/25 FIRSTNET SERVICE 287302656036 44.90 43908 10/28/2025 FINANCE Sr Citizen Community ServiceAT&T 09/25 FIRSTNET SERVICE 287302656036 59.90 43908 10/28/2025 FINANCE Water Mtnc/Operations AT&T 09/25 FIRSTNET SERVICE 287302656036 82.16 43908 10/28/2025 FINANCE Water Quality Control AT&T 09/25 FIRSTNET SERVICE 287302656036 44.90 43908 10/28/2025 FINANCE WWTP AT&T 09/25 FIRSTNET SERVICE 287302656036 189.70 43908 10/28/2025 FINANCE City Manager AT&T 09/25 FIRSTNET SERVICE 287302656036 109.90 43908 10/28/2025 FINANCE Purchasing AT&T 09/25 FIRSTNET SERVICE 287302656036 44.90 43908 10/28/2025 FINANCE PD Operations AT&T 09/25 FIRSTNET SERVICE 287302965625 7,798.31 43909 10/28/2025 HR/RISK MGT PD Operations ANAYA, CHRIS TUITION REIMBURSEMENT 459.00 43910 10/28/2025 WWTP WWTP BSK ASSOCIATES PERMIT COMPLIANCE LAB 7,191.40 43910 10/28/2025 WATER QUALITY CONT. Water Quality Control BSK ASSOCIATES PERMIT COMPLIANCE LAB 4,620.00 43911 10/28/2025 WWTP WWTP BSK ASSOCIATES PERMIT COMPLIANCE LAB 925.80 43912 10/28/2025 FACILITIES Facilities Maintenance CA DEPARTMENT OF TRANSPORTATION SHARED COST - CAL-TRANS 7,896.01 43913 10/28/2025 FINANCE General Fund DIVISION OF THE STATE ARCHITECT SB DSA 796 Q1 FY 25/26 987.20 43914 10/28/2025 PD OPERATIONS MEAS K - PD CALIFORNIA FORENSIC INSTITUTE PRE-EMPLOYMENT EXAM 1,350.00 43915 10/28/2025 FINANCE PD Operations COMCAST 10/25 SVS 8155500320092096 221.29 43916 10/28/2025 HR/RISK MGT HR/RISK MGT OCCUPATIONAL HEALTH CENTERS OF CAL. PRE-EMPLOYMENT SERVICES RNIA, A MEDIC 1,096.00 43916 10/28/2025 HR/RISK MGT Water Quality Control OCCUPATIONAL HEALTH CENTERS OF CAL. PRE-EMPLOYMENT SERVICES RNIA, A MEDIC 76.00 43917 10/28/2025 PD OPERATIONS Code Enforcement CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 10/25 87.50 43917 10/28/2025 PD OPERATIONS UB - Garbage CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 10/25 21.88 43917 10/28/2025 PD OPERATIONS UB - Sewer CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 10/25 21.88 43917 10/28/2025 PD OPERATIONS UB - Water CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 10/25 43.74 43918 10/28/2025 UB - WATER UB - Garbage DATAPROSE, LLC BILLING 09/25 2,918.67 43918 10/28/2025 UB - WATER UB - Sewer DATAPROSE, LLC BILLING 09/25 2,918.68 43918 10/28/2025 UB - WATER UB - Water DATAPROSE, LLC BILLING 09/25 5,837.36 43919 10/28/2025 GRANTS INTERMODAL BLDG DIAMOND COMMUNICATIONS FIRE ALARM MONITORING - TRANSIT 80.00 43919 10/28/2025 PARKS ADMINISTRATION Comm & Rec Centers DIAMOND COMMUNICATIONS FIRE ALARM MONITORING - PANAM 81.00 43920 10/28/2025 ENGINEERING RSTP - FED EX FLOYD JOHNSTON CONSTRUCTION CO., INC. EMERGENCY WATER MAIN REPAIR 9,457.24

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT November 19, 2025
43921 10/28/2025 PD OPERATIONS PD Operations FRESNO CITY COLLEGE REGISTRATION FEE - FIELD TRAINING FICE 122.00 43922 10/28/2025 GRANTS INTERMODAL BLDG GUARDIAN WESTERN SWEEPING INC. POWER SWEEPING 10/25 435.00 43922 10/28/2025 GRANTS Parking Dist Operation GUARDIAN WESTERN SWEEPING INC. POWER SWEEPING 10/25 434.00 43923 10/28/2025 PD OPERATIONS PD Operations LANGUAGE LINE SERVICES, INC. INTERPRETATION SERVICES 1,621.13 43924 10/28/2025 PARKS ADMINISTRATION Aquatics Programs CHARLES LUECKER, AUTHORIZED SIGNER CHLORINE FOR POOL 1,891.34 43925 10/28/2025 PD OPERATIONS Animal Control MADERA ANIMAL HOSPITAL VETERINARY SERVICES 101.98 43926 10/28/2025 FINANCE General Trust Fund MADERA COUNTY DISTRICT ATTORNEY ASSET FORFEITURE - MCV094461/DA0851-25AF/25M-00856 627.00 43927 10/28/2025 FINANCE Madera Downtown BID MADERA DOWNTOWN ASSOC. FY 25/26 QTR #1 ASSESSMENTS 3,847.08 43928 10/28/2025 WATER MTNC/OPERATIONSWater Mtnc/Operations MADERA PUMPS, INC. WELL #17 MAINTENANCE 13,374.97 43928 10/28/2025 WATER MTNC/OPERATIONSWater Mtnc/Operations MADERA PUMPS, INC. WELL #34 MAINTENANCE 8,859.00 43929 10/28/2025 GRANTS Permanent Local Housing lloca MADERA RESCUE MISSION, INC. PLHA INVOICE 09/25 12,180.33 43930 10/28/2025 HR/RISK MGT HR/RISK MGT MADERA TRIBUNE JOB ADVERSTISEMENT 38.00 43931 10/28/2025 PD OPERATIONS PD Operations MADERA UNIFORM & ACCESSORIES UNIFORM ACCESSORIES 4,952.53 43932 10/28/2025 CITY ADMIN Street Cleaning MID VALLEY DISPOSAL INC. WASTE DISPOSAL SVS 12,963.10 43932 10/28/2025 CITY ADMIN WWTP MID VALLEY DISPOSAL INC. WASTE DISPOSAL SVS 1,390.47 43932 10/28/2025 CITY ADMIN PW Safe & Clean Initiative MID VALLEY DISPOSAL INC. WASTE DISPOSAL SVS 6,195.96 43933 10/28/2025 PD OPERATIONS PD Operations NICK'S TOWING TOWING FEES 290.00 43934 10/28/2025 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 09/25 SERVICE 9920095153-3 8.65 43934 10/28/2025 FINANCE Central Admin PACIFIC GAS & ELECTRIC 09/25 SERVICE 9920095153-3 16.67 43934 10/28/2025 FINANCE Comm & Rec Centers PACIFIC GAS & ELECTRIC 09/25 SERVICE 9920095153-3 2,193.18 43934 10/28/2025 FINANCE DRAINAGE PACIFIC GAS & ELECTRIC 09/25 SERVICE 9920095153-3 435.94 43934 10/28/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 09/25 SERVICE 1715785853-5 2,912.61 43934 10/28/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 09/25 SERVICE 5225647713-5 14.29 43934 10/28/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 09/25 SERVICE 1598348280-1 91.40 43934 10/28/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 09/25 SERVICE 5207933925-6 92.48 43934 10/28/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 09/25 SERVICE 9787342989-4 170.69 43934 10/28/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 09/25 SERVICE 9920095153-3 6,874.88 43934 10/28/2025 FINANCE Fire PACIFIC GAS & ELECTRIC 09/25 SERVICE 9920095153-3 84.20 43934 10/28/2025 FINANCE Parks PACIFIC GAS & ELECTRIC 09/25 SERVICE 8675479583-8 66.71 43934 10/28/2025 FINANCE Parks PACIFIC GAS & ELECTRIC 09/25 SERVICE 9920095153-3 230.35 43934 10/28/2025 FINANCE Sewer Mtnc/Operations PACIFIC GAS & ELECTRIC 09/25 SERVICE 9920095153-3 28.67 43934 10/28/2025 FINANCE SOLID WASTE PACIFIC GAS & ELECTRIC 09/25 SERVICE 9920095153-3 9.48 43934 10/28/2025 FINANCE Sr Citizen Community Serv PACIFIC GAS & ELECTRIC e 09/25 SERVICE 9920095153-3 8.12 43934 10/28/2025 FINANCE Water Mtnc/Operations PACIFIC GAS & ELECTRIC 09/25 SERVICE 9920095153-3 14,482.10 43934 10/28/2025 FINANCE Zone 34B Activities PACIFIC GAS & ELECTRIC 09/25 SERVICE 0443905948-8 11.56 43934 10/28/2025 FINANCE Zone 24 Activities PACIFIC GAS & ELECTRIC 09/25 SERVICE 9920095153-3 55.17

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT November 19, 2025
43934 10/28/2025 FINANCE Zone 26 Activities PACIFIC GAS & ELECTRIC 09/25 SERVICE 9920095153-3 10.94 43934 10/28/2025 FINANCE Zone 31A Activities PACIFIC GAS & ELECTRIC 09/25 SERVICE 9920095153-3 21.57 43934 10/28/2025 FINANCE PD Operations PACIFIC GAS & ELECTRIC 09/25 SERVICE 9920095153-3 283.05 43934 10/28/2025 FINANCE Zone 39 Activities PACIFIC GAS & ELECTRIC 09/25 SERVICE 6948316261-1 22.99 43934 10/28/2025 FINANCE Parking Dist Operation PACIFIC GAS & ELECTRIC 09/25 SERVICE 9920095153-3 84.35 43935 10/28/2025 PARKS ADMINISTRATION Special Events PETTY CASH - PARKS DEPT. PETTY CASH - POMEGRANATE FESTIVAL 800.00 43936 10/28/2025 CITY ADMIN AIRPORT OPS PITNEY BOWES, INC. POSTAGE FEES 76.09 43936 10/28/2025 CITY ADMIN Facilities Maintenance PITNEY BOWES, INC. POSTAGE FEES 38.05 43936 10/28/2025 CITY ADMIN Fleet Maintenance PITNEY BOWES, INC. POSTAGE FEES 38.05 43936 10/28/2025 CITY ADMIN Parks Administration PITNEY BOWES, INC. POSTAGE FEES 18.50 43936 10/28/2025 CITY ADMIN STREETS PITNEY BOWES, INC. POSTAGE FEES 38.05 43936 10/28/2025 CITY ADMIN Sewer Mtnc/Operations PITNEY BOWES, INC. POSTAGE FEES 38.05 43936 10/28/2025 CITY ADMIN Water Quality Control PITNEY BOWES, INC. POSTAGE FEES 38.08 43936 10/28/2025 CITY ADMIN WWTP PITNEY BOWES, INC. POSTAGE FEES 38.00 43936 10/28/2025 CITY ADMIN Purchasing PITNEY BOWES, INC. POSTAGE FEES 38.05 43937 10/28/2025 FACILITIES Sewer Mtnc/Operations SJVAPCD AIR QUALITY PERMIT - C9643 106.00 43938 10/28/2025 FACILITIES Central Admin SJVCATC-SAN JOAQ VALLEY CLEAN AIR AIR QUALITY PERMIT - C7974 106.00 43938 10/28/2025 FACILITIES Water Mtnc/Operations SJVCATC-SAN JOAQ VALLEY CLEAN AIR AIR QUALITY PERMIT - C9550 624.00 43939 10/28/2025 INFORMATION SERVICES Computer Replacement SOUTHERN COMPUTER WAREHOUSE CISCO DUO TOKENS 7,225.70 43940 10/28/2025 INFORMATION SERVICES Computer Replacement SOUTHERN COMPUTER WAREHOUSE CISCO DUO SYSTEM 7,972.50 43941 10/28/2025 WWTP WWTP SYNAGRO WEST, INC. SLUDGE HAULING & DISPOSAL 17,132.74 43942 10/28/2025 GRANTS INTERMODAL BLDG TECH. MASTER PEST MANAGEMENT SQUIRREL CONTROL - TRANSIT 150.00 43943 10/28/2025 PARKS ADMINISTRATION Comm & Rec Centers TK ELEVATOR CORPORATION YC ELEVATOR MAINTENANCE 367.59 43944 10/28/2025 PD OPERATIONS PD Operations TRANSUNION RISK & ALTERNATIVE DATA DATABASE ACCESS 09/25 . 214.40 43945 10/28/2025 INFORMATION SERVICES Computer Replacement TYLER TECHNOLOGIES INC. DR SOFTWARE RENEWAL 16,760.07 43946 10/28/2025 PARKS Parks WEST COAST ARBORISTS, INC. CITY WIDE TREE TRIMMING 37,800.00 43947 10/28/2025 PARKS ADMINISTRATION Special Events OTP - FINANCE INFLATABLE RENTAL 2,400.00 43948 10/28/2025 FINANCE Parking Dist Operation OVERPAYMENTS VOIDED PK REIMB - PK 43557 67.00 43949 10/28/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - LTC FIELD 7 & 9 50.00 43949 10/28/2025 PARKS ADMINISTRATION Parks OTP- PARKS REFUNDS DEPOSIT REFUND - LTC FIELD 7 & 9 253.00 43950 10/28/2025 PARKS ADMINISTRATION Comm & Rec Centers OTP- PARKS REFUNDS DEPOSIT REFUND - PANAM MULTI-ROOM 140.00 43950 10/28/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - PANAM MULTI-ROOM 100.00 43951 10/28/2025 PARKS ADMINISTRATION Parks OTP- PARKS REFUNDS DEPOSIT REFUND - SUNRISE ROTARY FIEL 20.00 43952 10/28/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - PANAM MULTI-ROOM 100.00 43953 10/28/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9919714 90.41 43954 10/28/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9920733 307.44

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT November 19, 2025
43955 10/28/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9768002 27.57 43956 10/28/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9902341 409.88 43957 10/28/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9920555 22.23 43958 10/28/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9921379 312.34 43959 10/28/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9925236 123.46 43960 10/28/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 10000470 280.64 43961 10/28/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9924955 178.38 43962 10/28/2025 FINANCE Water Utility OTP- UB REFUNDS UB TERM REFUND - 1109002-500027 227.32 43963 10/28/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9920430 148.94 43964 10/28/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9926008 104.78 43965 10/28/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9904305 291.40 43966 10/28/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9922419 182.40 43967 10/28/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9924793 262.53 43968 10/28/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 10000813 85.44 43969 10/28/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9924491 151.14 43970 10/28/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 10000195 317.32 43971 10/28/2025 FINANCE Water Utility OTP- UB REFUNDS UB OVERPAYMENT - 9923046-558652 149.22 43972 10/28/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9925443 52.33 43973 10/28/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9920229 209.34 43974 10/28/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9926447 271.94 43975 10/28/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9924701 106.78 43976 10/28/2025 UB - WATER Water Fund OTP- UB REFUNDS UB TERM REFUND 9919159 250.28 43977 10/31/2025 WWTP WWTP STANTEC CONSULTING SERVICES INC. MADERA WDR SUPPORT/NOTICE OF VIOLATION WWTP 14,111.00 43977 10/31/2025 WATER CAPITAL OUTLAY Sewer Capital Outlay STANTEC CONSULTING SERVICES INC. WWTP DESIGN & ENGINEERING SVCS 27,710.00 43977 10/31/2025 WATER CAPITAL OUTLAY Sewer Capital Outlay STANTEC CONSULTING SERVICES INC. ENGINEERING & DESIGN SVS FOR WWTP IMPROVEMENT 13,691.00 43978 11/05/2025 ENGINEERING CDBG Public ImprovementsMOORE TWINING ASSOCIATES, INC JULY 2025 PROFESSIONAL SVS FOR R-97 TESTING LAB 2,904.20 43980 11/05/2025 PARKS Parks DAVE BANG ASSOCIATES, INC. OF CAL. CENTENNIAL PARK ACCESSIBLE SWING R EPAIR 216.53 43980 11/05/2025 COMM & REC CENTERS Comm & Rec Centers DAVE BANG ASSOCIATES, INC. OF CAL. BIKE RACK FOR FBSC 608.53 43981 11/05/2025 PARKS Sports Programs J & D MANUFACTURING T-BALL SHIRTS 142.89 43983 11/05/2025 INFORMATION SERVICES Computer Replacement AMAZON.COM MOUSE FOR ARI 108.22 43983 11/05/2025 INFORMATION SERVICES Computer Replacement AMAZON.COM VGA EXTENDER COUNCIL CHAMBERS 123.87 43983 11/05/2025 INFORMATION SERVICES Computer Replacement AMAZON.COM VGA ADAPTER FOR COUNCIL CHAMBERS 32.46 43983 11/05/2025 INFORMATION SERVICES Computer Replacement AMAZON.COM SERVER RAM 49.30 43984 11/05/2025 PARKS ADMINISTRATION Parks ELITE MAINTENANCE AND TREE SERVICE GROUP 3 MEDIAN MAINTENANCE 11/25 4,972.85 43984 11/05/2025 PARKS ADMINISTRATION Parks ELITE MAINTENANCE AND TREE SERVICE GROUP 2 NON-MEDIAN MAINTENANCE 11/25 2,241.13 43984 11/05/2025 PARKS ADMINISTRATION Parks ELITE MAINTENANCE AND TREE SERVICE GROUP 1 DOWNTOWN MAINTENANCE 11/25 201.75

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT November 19, 2025
43984 11/05/2025 PARKS ADMINISTRATION MEDIAN LANDS ELITE MAINTENANCE AND TREE SERVICE GROUP 3 MEDIAN MAINTENANCE 11/25 11,034.30 43984 11/05/2025 PARKS ADMINISTRATION MEDIAN LANDS ELITE MAINTENANCE AND TREE SERVICE GROUP 2 NON-MEDIAN MAINTENANCE 11/25 4,972.85 43984 11/05/2025 PARKS ADMINISTRATION MEDIAN LANDS ELITE MAINTENANCE AND TREE SERVICE GROUP 1 DOWNTOWN MAINTENANCE 11/25 447.67 43984 11/05/2025 PARKS ADMINISTRATION Parking Dist Operation ELITE MAINTENANCE AND TREE SERVICE GROUP 3 MEDIAN MAINTENANCE 11/25 447.67 43984 11/05/2025 PARKS ADMINISTRATION Parking Dist Operation ELITE MAINTENANCE AND TREE SERVICE GROUP 2 NON-MEDIAN MAINTENANCE 11/25 201.75 43984 11/05/2025 PARKS ADMINISTRATION Parking Dist Operation ELITE MAINTENANCE AND TREE SERVICE GROUP 1 DOWNTOWN MAINTENANCE 11/25 18.16 43985 11/05/2025 INFORMATION SERVICES Computer Replacement ERGOTECH CONTROLS INC CRADLEPOINT LICENSES SUBSCRIPTION 2,794.67 43986 11/05/2025 FACILITIES Facilities Maintenance KARA BALAGNO PD ICE MACHINE SERVICE 415.42 43988 11/05/2025 ENGINEERING Engineering INSTITUTE OF TRANSPORTATION ENG. 2026 ITE MEMBERSHIP DUES , INC. 350.00 43989 11/05/2025 STREETS STREETS ADVANCED CAREER INSTITUTE TRUCK DRIVER CD3 TRAINING - R PIMENTEL HERNANDEZ 4,005.00 43990 11/05/2025 BUILDING Building RAFAEL MAGALLAN PER DIEM - CALBO EDUCATION WEEK 550.70 43992 11/05/2025 INFORMATION SERVICES Central Admin GHD SERVICES INC CONSULTING SERVICES - WEBSITE SERVICES CES 3,212.00 43993 11/05/2025 FINANCE Finance NOVOGRADAC & COMPANY LLP PROFESSIONAL ACCOUNTING SERVICES 5,500.00 43994 11/05/2025 BUILDING Building BPR CONSULTING GROUP 09/25 FY 24/25 On Call Plan Check/Inspection Svs5,886.88 43995 11/05/2025 ENGINEERING LTF - Streets VSS INTERNATIONAL, INC. R-94 BID 2 BIKE LANES & D ST PAVEMENTT 20,222.09 43995 11/05/2025 ENGINEERING RMRA VSS INTERNATIONAL, INC. R-94 BID 2 BIKE LANES & D ST PAVEMENTT 4,899.83 43996 11/05/2025 PARKS Prop 68 Grant WESTWOOD PROFESSIONAL SERVICES, INC. PROP 68 - OLIVE/TAUBERT PARK 508.70 43996 11/05/2025 PARKS ADMINISTRATION Special Legislative Grant WESTWOOD PROFESSIONAL SERVICES, INC. DESIGN SVS - LTC TRAILS 1,488.16 43997 11/05/2025 PARKS ADMINISTRATION Develop Impact Fee/Parks WESTWOOD PROFESSIONAL SERVICES, INC. ORLP - TOZER PARK DESIGN 10,340.24 43998 11/05/2025 FINANCE Central Admin AT&T 10/25 CALNET SERVICE 9391026406 29.86 43998 11/05/2025 FINANCE Finance AT&T 10/25 CALNET SERVICE 9391026406 29.85 43998 11/05/2025 FINANCE PD Operations AT&T 10/25 CALNET SERVICE 9391026406 31.41 43998 11/05/2025 FIRE MEAS K - FIRE AT&T 09/25 CALNET SERVICE 9391068734 61.77 43998 11/05/2025 HR/RISK MGT HR/RISK MGT AT&T 10/25 CALNET SERVICE 9391026400 31.41 43998 11/05/2025 PARKS Parks AT&T 10/25 CALNET SERVICE 9391026412 163.28 43998 11/05/2025 RECREATION Sr Citizen Community ServiceAT&T 09/25 CALNET SERVICE 9391026398 31.41 43998 11/05/2025 RECREATION Sr Citizen Community ServiceAT&T 09/25 CALNET SERVICE 9391026403 34.15 43998 11/05/2025 SEWER MTNC/OPERATIONSSewer Mtnc/Operations AT&T 10/25 CALNET SERVICE 9391031570 192.11 43998 11/05/2025 WWTP WWTP AT&T 10/25 CALNET SERVICE 9391026410 61.27 43998 11/05/2025 WWTP WWTP AT&T 10/25 CALNET SERVICE 9391026405 31.41 43998 11/05/2025 COMM & REC CENTERS Comm & Rec Centers AT&T 09/25 CALNET SERVICE 9391026396 266.85 43998 11/05/2025 PD OPERATIONS PD Operations AT&T 09/25 CALNET SERVICE 9391059143 3,320.39 43998 11/05/2025 PD OPERATIONS PD Operations AT&T 10/25 CALNET SERVICE 9391020514 155.40 43999 11/05/2025 PD OPERATIONS General Trust Fund GARCIA, VICTORIA PER DIEM - CLI SESSION $5 236.50 44000 11/05/2025 ENGINEERING Engineering AMERICAN BUSINESS MACHINES ANNUAL COPIER LEASE 1,925.00 44000 11/05/2025 ENGINEERING Engineering AMERICAN BUSINESS MACHINES PLOTTER LEASE 09/25 160.00

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT November 19, 2025
44000 11/05/2025 ENGINEERING Engineering AMERICAN BUSINESS MACHINES PLOTTER LEASE 10/25 160.00 44000 11/05/2025 ENGINEERING Engineering AMERICAN BUSINESS MACHINES FINANCE CHARGES - ENG 31.28 44001 11/05/2025 PD OPERATIONS PD Operations CHIARAMONTE, GIACHINO PER DIEM - CLI SESSION #5 EXPENSE MB 64.50 44002 11/05/2025 HR/RISK MGT HR/RISK MGT OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA, A MEDIC PRE-EMPLOYMENT SERVICES 803.00 44003 11/05/2025 ENGINEERING RSTP - FED EX DAVE CHRISTIAN CONSTRUCTION GRANADA DRIVE PEDESTRIAN IMPROVEMENT PROJECT TS-34 22,467.38 44003 11/05/2025 ENGINEERING HIGHWAY SAFETY DAVE CHRISTIAN CONSTRUCTION GRANADA DRIVE PEDESTRIAN IMPROVEMENT PROJECT TS-34 21,442.45 44004 11/05/2025 ENGINEERING Engineering DIAMOND COMMUNICATIONS FIRE & BURGLARY ALARM MONITORING OCT - DEC 2025 180.00 44004 11/05/2025 GRANTS INTERMODAL BLDG DIAMOND COMMUNICATIONS FIRE ALARM MONITORING 1951 INDEPENDENCE DR80.00 44005 11/05/2025 PARKS Parks ENVIRO CLEAN PARKS MAINTENANCE ITEMS 1,028.38 44007 11/05/2025 FACILITIES PD Operations INDUSTRIAL ELECTRICAL CO. GENERATOR MAINTENANCE - PD SIU 1,734.10 44007 11/05/2025 SEWER MTNC/OPS Sewer Mtnc/Operations S INDUSTRIAL ELECTRICAL CO. GENSET SERVICES - FAIRGROUNDS LIFT STATION1,683.26 44008 11/05/2025 FINANCE PAYROLL TRUST M.C.E.A. MONTHLY DUES 10/25 270.00 44009 11/05/2025 FINANCE PAYROLL TRUST M P O A MONTHLY DUES 10/25 7,795.44 44010 11/05/2025 HR/RISK MGT HR/RISK MGT MADERA TRIBUNE JOB ADVERSTISEMENT 110.20 44011 11/05/2025 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 10/25 SERVICE 3819620697-3 100.69 44011 11/05/2025 FINANCE Comm & Rec Centers PACIFIC GAS & ELECTRIC 10/25 SERVICE 8307681856-2 930.13 44011 11/05/2025 FINANCE Engineering PACIFIC GAS & ELECTRIC 10/25 SERVICE 2000655655-7 2,507.74 44011 11/05/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 10/25 SERVICE 1619119913-8 144.82 44011 11/05/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 10/25 SERVICE 6690755760-8 119.16 44011 11/05/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 10/25 SERVICE 8178280304-3 198.72 44011 11/05/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 10/25 SERVICE 7949615676-5 25.85 44011 11/05/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 10/25 SERVICE 3499945233-6 114.74 44011 11/05/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 10/25 SERVICE 3352588453-3 168.64 44011 11/05/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 10/25 SERVICE 7928098441-4 61.06 44011 11/05/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 10/25 SERVICE 4318089701-9 25.65 44011 11/05/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 10/25 SERVICE 5237156686-1 44.83 44011 11/05/2025 FINANCE Facilities Maintenance PACIFIC GAS & ELECTRIC 10/25 SERVICE 1013877191-9 72.50 44011 11/05/2025 FINANCE Fire PACIFIC GAS & ELECTRIC 10/25 SERVICE 2173157566/1025 2,388.10 44011 11/05/2025 FINANCE Parks PACIFIC GAS & ELECTRIC 10/25 SERVICE 8788837242-9 10.30 44011 11/05/2025 FINANCE Water Mtnc/Operations PACIFIC GAS & ELECTRIC 10/25 SERVICE 9172110863-6 26,196.21 44011 11/05/2025 FINANCE Water Mtnc/Operations PACIFIC GAS & ELECTRIC 10/25 SERVICE 9651992016-7 265.48 44011 11/05/2025 FINANCE Water Mtnc/Operations PACIFIC GAS & ELECTRIC 10/25 SERVICE 3642526071-2 94.91 44011 11/05/2025 FINANCE Water Mtnc/Operations PACIFIC GAS & ELECTRIC 10/25 SERVICE 9109225160-1 648.67 44011 11/05/2025 FINANCE WWTP PACIFIC GAS & ELECTRIC 10/25 SERVICE 1902328695-8 26.29 44012 11/05/2025 ENGINEERING LTF - Streets PROVOST & PRITCHARD CONSULTING ON-CALL ENG SVS 922.60 44012 11/05/2025 ENGINEERING Sewer Capital Outlay PROVOST & PRITCHARD CONSULTING SS-14 ON-CALL TASK ORDER 1025-2024 1,403.20

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT November 19, 2025
44013 11/05/2025 FINANCE Sewer Capital Outlay STANTEC CONSULTING SERVICES INC. PROFESSIONAL ENGINEERING SVS 11,985.00 44013 11/05/2025 WWTP Sewer Capital Outlay STANTEC CONSULTING SERVICES INC. PROFESSIONAL ENGINEERING SVS 14,658.50 44014 11/05/2025 FINANCE PAYROLL TRUST STATE OF CALIFORNIA FRANCHISE TAX DEDUCTIONS FOR 10/24/25 PAYROLL 246.56 44015 11/05/2025 FINANCE PAYROLL TRUST STATE OF CALIFORNIA FRANCHISE TAX DEDUCTIONS FOR 10/24/25 PAYROLL 20.61 44016 11/05/2025 ENGINEERING RSTP - FED EX TECHNICON ENGINEERING SVCS., INC. LAB TESTING - TS-34 2,765.00 44017 11/05/2025 ENGINEERING LTF - Streets TJKM TRANSPORTATION CONSULTANTS CONSULTING SERVICES 172.72 44018 11/05/2025 GRANTS INTERMODAL BLDG VILLA GARDENING SERVICE INC LAWN SERVICES - 09/25 600.00 44019 11/05/2025 FINANCE Finance OTP - FINANCE REIMBURSEMENT - FUEL 51.23 44020 11/05/2025 PD OPERATIONS General Trust Fund OTP - FINANCE REIMBURSEMENT - 22M-08284/MCR075728 3,329.27 44021 11/05/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - FBSC 100.00 44022 11/05/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - MILLVIEW GYM 200.00 44023 11/05/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - LTC PAVILION 50.00 44024 11/05/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - LTC PAVILION 50.00 44025 11/05/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS REFUND DEPOSIT - ROTARY PAVILION 50.00 44026 11/05/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - SUNRISE ROTARY FIELDS 50.00 44027 11/05/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - LTC PAVILION 50.00 44028 11/05/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - LTC PAVILION 50.00 44029 11/05/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - LTC AMPHITHEATER 100.00 44030 11/05/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - LTC FIELD 50.00 44031 11/05/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS REFUND DEPOSIT - ROTARY PAVILION 50.00 44032 11/05/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS REFUND DEPOSIT - ROTARY PAVILION 50.00 44033 11/05/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - PANAM GYM 200.00 44034 11/05/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS REFUND DEPOSIT - ROTARY PAVILION 50.00 44035 11/05/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - SUNRISE PAVILION 50.00 44036 11/05/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - LTC PAVILION 50.00 44037 11/05/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - LTC PAVILION 50.00 44038 11/05/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - SUNRISE ROTARY FIELD 50.00 44039 11/05/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - LTC PICNIC AREA 50.00 44040 11/05/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - ROTARY SHELTER 50.00 44041 11/05/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - LTC PAVILION 50.00 44042 11/05/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - LTC PICNIC AREA 50.00 44043 11/05/2025 UB - WATER Water Utility OTP- UB REFUNDS UB TERM REFUND - 80943821 116.17 44044 11/06/2025 PARKS ADMINISTRATION Aquatics Programs OTP- PARKS REFUNDS CANCELLATION REFUND - POOL 415.00 44044 11/06/2025 PARKS ADMINISTRATION General Trust Fund OTP- PARKS REFUNDS CANCELLATION REFUND - POOL 100.00 44044 11/06/2025 PARKS ADMINISTRATION Parks Administration OTP- PARKS REFUNDS CANCELLATION REFUND - POOL 25.00 826 10/27/2025 FINANCE PAYROLL TRUST CA DEPARTMENT OF CHILD SUPPORT CHILD SUPPORT DEDUCTIONS FOR 10/24/25 PAYROLL 1,198.92

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT November 19, 2025
827 10/27/2025 FINANCE AIRPORT OPS VAN DE POL ENTERPRISES, INC. FUEL CITY - 08/01/25-08/15/25 100.26 827 10/27/2025 FINANCE Animal Control VAN DE POL ENTERPRISES, INC. FUEL CITY - 08/01/25-08/15/25 373.58 827 10/27/2025 FINANCE Building VAN DE POL ENTERPRISES, INC. FUEL CITY - 08/01/25-08/15/25 120.49 827 10/27/2025 FINANCE Code Enforcement VAN DE POL ENTERPRISES, INC. FUEL CITY - 08/01/25-08/15/25 47.16 827 10/27/2025 FINANCE COMPUTER MAINT VAN DE POL ENTERPRISES, INC. FUEL CITY - 08/01/25-08/15/25 35.31 827 10/27/2025 FINANCE DRAINAGE VAN DE POL ENTERPRISES, INC. FUEL CITY - 08/01/25-08/15/25 236.99 827 10/27/2025 FINANCE Engineering VAN DE POL ENTERPRISES, INC. FUEL CITY - 08/01/25-08/15/25 164.14 827 10/27/2025 FINANCE Facilities Maintenance VAN DE POL ENTERPRISES, INC. FUEL CITY - 08/01/25-08/15/25 628.14 827 10/27/2025 FINANCE Fleet Maintenance VAN DE POL ENTERPRISES, INC. FUEL CITY - 08/01/25-08/15/25 153.80 827 10/27/2025 FINANCE GRAFFITI ABATE VAN DE POL ENTERPRISES, INC. FUEL CITY - 08/01/25-08/15/25 295.04 827 10/27/2025 FINANCE LMD Services VAN DE POL ENTERPRISES, INC. FUEL CITY - 08/01/25-08/15/25 189.63 827 10/27/2025 FINANCE Parks VAN DE POL ENTERPRISES, INC. FUEL CITY - 08/01/25-08/15/25 2,711.59 827 10/27/2025 FINANCE Parks Administration VAN DE POL ENTERPRISES, INC. FUEL CITY - 08/01/25-08/15/25 19.59 827 10/27/2025 FINANCE STREETS VAN DE POL ENTERPRISES, INC. FUEL CITY - 08/01/25-08/15/25 2,848.48 827 10/27/2025 FINANCE Sewer Mtnc/Operations VAN DE POL ENTERPRISES, INC. FUEL CITY - 08/01/25-08/15/25 1,098.56 827 10/27/2025 FINANCE Street Cleaning VAN DE POL ENTERPRISES, INC. FUEL CITY - 08/01/25-08/15/25 1,616.59 827 10/27/2025 FINANCE TRANS - FIXED VAN DE POL ENTERPRISES, INC. FUEL CITY - 08/01/25-08/15/25 4,015.25 827 10/27/2025 FINANCE TRANS - DAR VAN DE POL ENTERPRISES, INC. FUEL CITY - 08/01/25-08/15/25 3,653.29 827 10/27/2025 FINANCE Water Mtnc/Operations VAN DE POL ENTERPRISES, INC. FUEL CITY - 08/01/25-08/15/25 773.47 827 10/27/2025 FINANCE Water Quality Control VAN DE POL ENTERPRISES, INC. FUEL CITY - 08/01/25-08/15/25 205.07 827 10/27/2025 FINANCE PD Operations VAN DE POL ENTERPRISES, INC. FUEL CITY - 08/01/25-08/15/25 9,146.17 827 10/27/2025 FINANCE PW Safe & Clean Initiative VAN DE POL ENTERPRISES, INC. FUEL CITY - 08/01/25-08/15/25 567.63 828 10/27/2025 FINANCE PAYROLL TRUST JOANN COOK SPOUSAL SUPPORT 525.00 829 10/27/2025 FINANCE PAYROLL TRUST NPC-ORCHARD TRUST COMPANY PLAN #340227-02 FOR 10/24/25 2,079.54 829 10/27/2025 FINANCE PAYROLL TRUST NPC-ORCHARD TRUST COMPANY PLAN #340227-01 FOR 10/24/25 16,135.92 830 10/28/2025 FINANCE PAYROLL TRUST MID-MGMT EMPLOYEE GROUP 10/25 MONTHLY DUES 3,207.50 831 10/28/2025 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 10/28/25 377.78 BANK #1 - US BANK GENERAL ACCOUNT TOTAL $ 1,019,239.69

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Informational Report on Personnel Activity
RECOMMENDATION:

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

SUMMARY:

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

DISCUSSION:

The Civil Service Commission (Commission) met on October 14, 2025, and certified eligible lists for the following positions.
▪ Accountant II
▪ Accountant I
▪ Electrician II
▪ Police Officer Trainee
▪ Public Safety Dispatcher
▪ Code Enforcement Officer I
The following employees began employment with the City since our last report.

Table 1: New Hires and Re-hires
Name Position Department Status* Effective
Date
Vince Silva Water System Worker III Public Works FT 11/3/25 Rocky Protzman Water System Worker I Public Works FT 11/3/25 Council Meeting of: November 19, 2025
Agenda Number: B-2
Return to Agenda
Table 1: New Hires and Re-hires, continued
Name Position Department Status* Effective
Date
Steven Cuevas Police Officer Trainee Police FT 11/3/25
Faith Rocha Police Officer Trainee Police FT 11/3/25
*Status: FT = Full Time, PT = Part Time, RA = Retired Annuitant The following promotions, transfers, or assignment changes occurred since our last report.

Table 2: Promotions, Transfers, or Assignment Changes
Name Old Position New Position Effective
Date
Kayla Bianchi Police Corporal Police Sergeant (temporary out-of-class assignment) 9/27/25
Cody Gaither Park Aide (part time) Parks Worker I (full time) 10/20/25 Yalixia Morena Public Safety Dispatcher (full
time)
Public Safety Dispatcher
(part time) 10/22/25
The following employees separated from employment since our last report.

Table 3: Separations
Name Position Department Status* Effective
Date
Jason Skipper Code Enforcement
Consultant Police PT 10/1/25
Marcus Crouch Police Officer II Police FT 10/21/25
*Status: FT = Full Time, PT = Part Time, RA = Retired Annuitant FINANCIAL IMPACT:

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

ALTERNATIVES:

This report is for informational purposes only.

ATTACHMENTS:

None

REPORT TO CITY COUNCIL
Approved by:

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

Proclamation Recognizing Councilmember Mejia as the 2025 recipient of the Mexicanos Distinguidos Award
RECOMMENDATION:

Adopt a Minute Order approving a Proclamation Recognizing Councilmember Mejia as the 2025 recipient of the Mexicanos Distinguidos Award
SUMMARY:

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

The policy allows consideration of a request from any group or individual, as long as the request has measurable local support and promotes activities within the City and with a written request 45 days before the requested presentation date.

On November 13, 2025, the Mexican Consulate in Fresno submitted a request for a proclamation recognizing Councilmember Elsa Mejía as the 2025 recipient of the Mexicanos Distinguidos Award. This annual recognition honors Mexican nationals whose work supports and uplifts Mexican communities abroad. Through this award, the Government of Mexico, via the Consulate, acknowledges Councilmember Mejía’s notable service and contributions to the Madera community.

The Mexicanos Distinguidos awared is a recognition awarded by the Secretaría de Relaciones Exteriores (The Foreign Secretariat) of Mexico, through the Instituto de los Mexicanos en el B-3
Return to Agenda
Exterior (IME), to Mexican nationals living abroad who have demonstrated an outstanding professional trajectory and have contributed to empowering Mexican communities internationally. It was established around 2018. The award includes a silver medal and a diploma.

The Consulate is requesting an opportunity to present a proclamation honoring Councilmember Mejía at the December 3, 2025, Madera City Council meeting. The request also includes a brief recess following the presentation to allow for light refreshments provided by the Consulate.

Per City policy, only Councilmembers who vote in the affirmative will have their signatures included on the Proclamation unless a written request is submitted to the City Clerk at least five business days before issuance.

FINANCIAL IMPACT:

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

ALTERNATIVES:

Council may direct staff to prepare a proclamaton. If the majority vote is in the affirmative, staff will proceed with presenting the proclamation at the December 3rd Council meeting. In the alternative, Council may:
 Deferral for Further Discussion: Council may opt to defer the decision for further discussion, allowing additional time to address specific concerns or gather more information.
 Denial of Proclamation Request: If the majority vote is not in the affirmative or no action is taken, the request will be considered denied.

ATTACHMENTS:

1. Request from the Mexican Consulate for a Proclamation Recognizing Councilmember Mejia as the 2025 recipient of the Mexicanos Distinguidos Award From: Departamento de Comunidades Fresno
To: Alicia Gonzales
Subject: Re: Request to present a procalmation at Madera City Hall Date: Thursday, November 13, 2025 3:21:42 PM
Attachments: image001.png
image002.png
Outlook-hz4igai1.png
Dear Alicia,
On behalf of the Consulate of Mexico in Fresno, I would like to request the opportunity to present a proclamation honoring Councilmember Elsa Mejía during the Madera City Council session on December 3, 2025.

This proclamation is presented together with the Mexicanos Distinguidos 2025 award, a recognition that each year honors the work carried out by Mexican individuals in support of Mexican communities abroad. Through this award, the Consulate of Mexico, on behalf of the Government of Mexico, recognizes and celebrates Councilmember Mejía’s outstanding service and contributions to our community in Madera.

We will gladly adjust to the schedule the Council deems appropriate for this agenda item and a brief recess, and we would be pleased to bring light refreshments to share in the celebration.

We sincerely appreciate your support and consideration.

About the Mexicanos Distinguidos Award:

It is a recognition awarded by the Secretaría de Relaciones Exteriores (The Foreign Secretariat) of Mexico, through the Instituto de los Mexicanos en el Exterior (IME), to Mexican nationals living abroad who have demonstrated an outstanding professional trajectory and have contributed to empowering Mexican communities internationally.

It was established around 2018. The award includes a silver medal and a diploma.

Best,
De: Alicia Gonzales <[email protected]>
Enviado: Jueves, 13 de Noviembre de 2025 3:00 PM
Para: Departamento de Comunidades Fresno <[email protected]> Asunto: RE: Request to present a procalmation at Madera City Hall Can you please share some information on the Mexican Distinguida award. I will include this in the staff report to City Council.

Alicia Gonzales | City Clerk
City of Madera | City Clerk Department
205 West 4th Street, Madera, CA 93637
p. (559) 661.5409 | c. (559) 517.6630
[email protected]
From: Departamento de Comunidades Fresno <[email protected]> Sent: Thursday, November 13, 2025 2:49 PM
To: Alicia Gonzales <[email protected]>
Subject: Request to present a procalmation at Madera City Hall Dear Alicia,
On behalf of the Consulate of Mexico in Fresno, I would like to request the opportunity to present a proclamation honoring Councilmember Elsa Mejia during the Madera City Council session on December 3, 2025. This proclamation will publicly recognize and celebrate her outstanding service and contributions to the Mexican community in Madera.

We will gladly adjust to the schedule the Council deems appropriate for this agenda item and a brief recess, and we would be pleased to bring light refreshments to share in the celebration.

We sincerely appreciate your support and consideration.

Best,

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 19, 2025
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Madera Unified School District Winter Intersession Camp for School Year 2025-2026 RECOMMENDATION:

Adopt Resolutions:

1. Approving a Consultant Services Agreement between the City and Madera Unified School District for the Winter Camp for School Year 2025-2026, not to exceed $27,552.50

2. Amending the Fiscal Year 2025/26 Budget, approving related revenue and expenditure line items for the execution of the Consultant Services Agreement with Madera Unified School District, for the Winter Camp
SUMMARY:

Beginning in 2017, the City has partnered with MUSD to provide enrichment activities through camps for students. Over the past years, the City has continued this partnership through its summer camps and winter camps. MUSD recently reached out to the City with a proposal for a one-week winter camp to be hosted at the John Wells Youth Center (JWYC) during January 2026.

The proposed program would be hosted by Parks and Community Services (PCS) Department staff. The program will focus on science, technology, engineering, art, and math (STEAM) curriculum, as well as providing recreational/sports activities for approximately 60 students.

DISCUSSION:

The City and MUSD have partnered for several years to provide meaningful programs to youth during critical out-of-school hours in the form of camps. These programs are designed to serve B-4
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MUSD’s most vulnerable students by providing students and families with a network of support during extended school breaks.

MUSD would like to once again offer a winter camp to district students from first to sixth grade during January 2026, when school is out of session for the winter break. MUSD has sought out the City to collaborate on making a winter camp possible for district students.

The City would be committing to providing a STEAM-focused camp that intends to provide students with a well-rounded and enriching experience. The camp will offer hands-on learning, physical activity, and creative expression. Students will develop new skills, build confidence, and make lasting memories in a supportive and inclusive environment.

The camp would be for 5 days, from January 5 – 9, 2026. Camp would commence at 8:00 am and end at 3:30 pm. Some of the deliverables to be achieved include:
 Physical Activities: Participation in physical activities offers numerous benefits for youth, promoting physical, social, emotional, and cognitive development, and contributing to their overall health, well-being, and success in life.
 STEAM Activities: STEAM activities are important for youth as they provide a holistic and interdisciplinary approach to learning, preparing them to thrive in a complex and rapidly changing world. They cultivate essential skills, foster creativity and innovation, and empower youth to become lifelong learners and problem-solvers.  Arts and Crafts: Arts and crafts activities play a vital role in youth development by nurturing creativity, promoting emotional well-being, building confidence, and fostering social connections. They provide valuable skills and experiences that contribute to the holistic growth and flourishing of young individuals.

Camp will be broken up into three grade groups:
 1st to 2nd: anticipate serving 20 students
 3rd to 4th : anticipate serving 20 students
 5th to 6th: anticipate serving 20 students
Roles and responsibilities would be per the following:

MUSD will:
 Provide meals for the students, which will consist of breakfast and lunch.  Conduct outreach and enrollment.
 Provide three staff members on site during the camp hours, to handle attendance tracking, help serve meals, disciplinary action (as may be needed)  Ensure communication with parents.
 Transportation
The City will:
 Provide staffing and training at a ratio of 2 staff per 20 students.  Prepare the camp activities and lessons, and the execution of these planned activities and lessons.

FINANCIAL IMPACT:

The total value of the Agreement is not to exceed $27,552.50. MUSD will reimburse the City for staffing costs, materials, and an administrative fee. As a result, the contract will provide some General Fund relief for the activities borne from this Agreement.

A budget amendment is proposed to recognize the corresponding anticipated expenditures in staffing costs and materials, as well as the additional revenue of $27,552.50 for FY 2025/26.

These totals would be reflected in the Parks Grants Fund, #41096360.

Table 1: Cost Proposal
Staffing Costs $12,042
Camp Materials $3,000
Coordinator Costs $7,000
Administrative Fee $5,510.50
Total $27,552.50
Staffing costs include the cost of staff training, shopping for materials, assistance with the daily setup/cleanup, and the execution of activities/programming during the five dates identified.

ALTERNATIVES:

As an alternative, the Council may also elect to request additional information be brought forth at the next meeting to make a more informed decision. Council may also elect not to enter into the Consultant Services Agreement with MUSD for the FY 2025/26 winter camp programming.

ATTACHMENTS:

1. Resolution approving the Consultant Services Agreement with the Madera Unified School District (MUSD) for the Fiscal Year (FY) 2025/2026 Winter Camp, not to exceed $27,552.50
a. Exhibit A: Consultant Services Agreement

2. Resolution approving related revenue and expenditure line items for the execution of the Consultant Services Agreement with Madera Unified School District, for the Winter Camp.
a. Exhibit A: Budget Amendment
ATTACHMENT 1
Resolution approving the Consultant Services Agreement with the Madera Unified School District (MUSD) for the Fiscal Year (FY) 2025/2026 Winter Enrichment STEAM Camp not to exceed $27,552.50
Exhibit A: Consultant Services Agreement
RESOLUTION NO. 25-______

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

CALIFORNIA, APPROVING THE CONSULTANT SERVICES AGREEMENT WITH

THE MADERA UNIFIED SCHOOL DISTRICT (MUSD) FOR THE FISCAL YEAR (FY) 2025/2026 WINTER CAMP, NOT TO EXCEED $27,552.50
WHEREAS, since 2017, the City has entered into several Consultant Services Agreements with Madera Unified School District (MUSD) to provide Enrichment Camp programming; and WHEREAS, MUSD would like to enter into a Consultant Services Agreement with the City for a Fiscal Year (FY) 2025/2026 winter camp programming; and WHEREAS, the FY 2025/2026 winter camp programming will run from January 5, 2026, through January 9, 2026; and
WHEREAS, the program will take place at the John W. Wells Youth Center; and WHEREAS, the total value of the agreement is not to exceed $27,552.50.

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 Consultant Services Agreement with Madera Unified School District for the FISCAL Year 2025/2026 Winter Camp, not to exceed $27,552.50, attached hereto as Exhibit A, is hereby approved.

3. This Resolution is effective immediately upon adoption.

Exhibit A – Consultant Services Agreement

ATTACHMENT 2
RESOLUTION NO. 25-______

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

CALIFORNIA, APPROVING RELATED REVENUE AND EXPENDITURE LINE

ITEMS FOR THE EXECUTION OF THE CONSULTANT SERVICES AGREEMENT WITH MADERA UNIFIED SCHOOL DISTRICT, FOR THE WINTER CAMP.

WHEREAS, the City Council previously adopted a City-wide Budget for 2025/26 Fiscal Year; and
WHEREAS, Madera Unified School District has prepared a Consultant Services Agreement which will provide the City up to $27,552.50 in reimbursable costs for the Winter Camp; and WHEREAS, amendments to the City-wide Budget for the 2025/26 Fiscal Year, listed in Exhibit A, attached hereto, is necessary to account for related expenditures to cover anticipated costs; and
WHEREAS, amendments to the City-wide Budget for the 2025/26 Fiscal Year, listed in Exhibit A, attached hereto, is necessary to account for the related revenue.

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 appropriations for the items listed in Exhibit A, attached hereto, are 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. *****
Exhibit A: Budget Adjustment

ORG OBJECT
FUND CODE CODE DESCRIPTION (+) (-)
Parks Grant Fund
41096360 4683 Program Revenue $ 15,042
41096360 5005 Salaries/Part Time 12,042
41096360 6480 Program Expense 3,000
$ 15,042 $ 15,042

EXHBIT A

CITY OF MADERA
Budget Appropriations: Res. 25-______
Budget Transfer & Amendment for Fiscal Year 2025/26
1 REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 19, 2025
_________________________________ Agenda Number: ___________ Keith Helmuth, P.E., Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Improvement Deferral Agreement and Authorization of Lien for Jsmak Properties, LLC RECOMMENDATION:

Adopt a resolution of the City of Madera (City) approving Improvement Deferral Agreement and Authorization of Lien for Jsmak Properties, LLC (Agreement) SUMMARY:

Jsmak Properties, LLC (Owner) is constructing a Valero gas station and convenience store on the northeast corner of Gateway Drive and Almond Avenue (Assessor’s Parcel Number (APN) 012- 390-023). Conditional Use Permit (CUP) 2019-16 and 2019-17 along with Site Plan Review (SPR) 2019-23, approved on December 10, 2019, require the Owner construct certain public street improvements including the widening of Gateway Drive and Almond Avenue, traffic signal modifications, and the undergrounding of overhead utility lines along the project frontage. The Owner has been unable to fully complete the required undergrounding and has agreed to defer the dollar-value portion associated with the work. Approval of this deferral requires Council action.

DISCUSSION:

Project condition 35 of the CUP and SPR state that “[a]ll public utilities fronting the project shall be undergrounded, except transformers which shall be mounted on pads”. For reasons that remain unclear, the plans prepared by PG&E for undergrounding work included the installation of a new power pole east of the project site, in front an adjacent property as part of removing existing poles. While removing the poles fronting the project complies with the approved conditions, the installation of new poles introduces at least two negative consequences that were neither explicitly nor implicitly authorized by the Condition:

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1. At some time in the future, the cost of removing that new pole will be borne by another entity.

2. The goal of undergrounding is to improve aesthetics of the property and, in general, the City. The new pole degrades the aesthetics of another property.

Based on the consequences of the proposed design, Condition 35 cannot be determined to be met. As such, the pole either needs to be removed from undergrounding plans and not installed, or a deferral agreement must be executed with the City. The pole has since been installed.

When the issue was identified, staff discussed available options with the Owner. PG&E informed the Owner that revising the plans to avoid installing a new pole may be possible but would require additional cost and could result in a substantial delay in opening the store. As a result, the Owner agreed to enter into a deferral agreement for the value of the remaining along Almond Avenue; namely removal of the pole that is planned to be installed in front of another business.

Under the proposed agreement, the Owner will pay the estimated value of removing one pole, approximately $65,000, within 10 years or earlier if another undergrounding project commences that would rely upon the underground of those utilities addressed in this agreement. Staff is supportive of the proposed deferral of the improvements.

FINANCIAL IMPACT:

Approval of the deferral agreement will have no immediate fiscal impact on the City. In the event that the owner defaults on the agreement and does not provide payment upon demand by the City Engineer, the City will place a lien against the property to eventually recoup those costs.

ALTERNATIVES:

Alternatives include requiring undergrounding of the pole through a decision to not approve deferral agreement. This alternative is not supported by staff, as removing the pole after the actual installation can result in devastating delays and expense.

ATTACHMENTS:

1. Location Map

2. Resolution
Exhibit A – Improvement Deferral and Reimbursement Agreement Attachment 1
Location Map

Attachment 2
Resolution
RESOLUTION NO. 25-___

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

CALIFORNIA APPROVING IMPROVEMENT DEFERRAL AGREEMENT AND

AUTHORIZATION OF LIEN BETWEEN JSMAK PROPERTIES LLC AND CITY OF

MADERA AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the subject property is required to construct public improvements (Public Improvements) that include undergrounding of utilities fronting the project parcel in compliance with Conditions of Approval associated with Conditional Use Permit (CUP) 2019-16,17 and Site Plan Review (SPR) 2019-23, approved on December 10, 2019, for a proposed Valero Gas Station located on the northeast corner of Gateway Drive and Almond Avenue; and WHEREAS, Jsmak Properties, Owner of Record (Owner) of subject property, proposed an undergrounding plan that resulted in a new pole being installed in front of another business; and WHEREAS, installation of a new pole violates Conditions of Approval which are intended to result in all poles being removed rather than replacement poles being installed elsewhere; and WHEREAS, Owner has agreed to a deferral of the requirement to ensure all utilities, including poles, are undergrounded.

WHEREAS, said deferral is for the cash value of removing a pole not yet installed by virtue of a future cash payment of $65,000 in lieu of actual removal of a pole installed in front of another business.

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 Improvement Deferral and Authorization of Lien between City of Madera and Jsmak Properties LLC., a copy of which is on file in the office of the City Clerk, is approved.

3. The Mayor is authorized to execute said agreement on behalf of the City.

4. Staff is directed to record the Improvement Deferral Agreement and Authorization of Lien between City of Madera and Jsmak Properties LLC.

5. This Resolution is effective immediately upon adoption. *********
Exhibit A
Improvement Deferral Agreement and Authorization of Lien for Jsmak Properties Recording Requested By:

City of Madera
When Recorded Return To:

City of Madera
205 W. 4th Street
Madera, CA 93637
Attention: City Clerk
________________________________________________________________________________ Fee Waived Per Section 27383 of the Government Code

IMPROVEMENT DEFERRAL AGREEMENT AND AUTHORIZATION OF LIEN FOR JSMAK

PROPERTIES LLC
This Improvement Deferral Agreement and Authorization of Lien, herein after called “Agreement”, is made and entered into at Madera, California, and is effective this _______ day of ___________ 2025, by and between the CITY OF MADERA, a municipal corporation, hereinafter designated and called “CITY”, and Jsmak Properties LLC, herein after designated and called “Owner” without regard to number or gender.

RECITALS
A. Owner owns that property known at 1205 West Almond Avenue, Madera, California 93637 also described as Assessor’s Parcel Number (APN) 012-390-023 in which a Valero Gas Station is being constructed (the “Project”).

B. Owner has obtained from the City certain entitlements and/or permits for a development project pursuant to Conditional Use Permit (CUP) 2019-16, 17 and Site Plan Review (SPR) 2019-23.

C. As conditions of the City approval of said entitlements, Owner shall construct certain public improvements (Public Improvements) that include widening of Almond Avenue and Gateway Drive, landscaping, streetlights, storm drain facilities and undergrounding of utilities fronting the project parcel.

D. Owner will construct the Public Improvements required by City standards and procedures as required by the Site Plan Review approval and subject to prevailing wages laws.

E. Owner has obtained or will obtain an encroachment permit from the office of the City Engineer of the City of Madera and complied with the requirements thereof.

F. Reference is made hereby to (a) improvement construction plans, (b) those certain specifications on file in the office of the City Engineer entitled, “City of Madera Standard Plans and Specifications,” and (c) “Madera Irrigation District Standards,” as may be applicable this project, for a more particular description of the work and improvements generally outlined in this Agreement. Said plans and specifications referred to in this paragraph are hereby incorporated herein and made a part of this Agreement by reference thereto.

G. Owner is requesting that City, subject to the terms and conditions of this Agreement, (a) defer a portion of the Utility Undergrounding Improvements by virtue of a future $65,000 cash payment.

H. City and Owner agree that a deferral agreement is an acceptable compromise to enforcement of conditions related to undergrounding of utilities in full compliance with the intent and expectation of the conditions.

AGREEMENT
For valuable consideration, which is hereby acknowledged, the Parties agree as follows:

1. The recitals are true and correct and are incorporated by reference.

2. Certain Street Improvements as listed below shall be deferred (the “deferred improvements”).
a. Removal, or non-construction, of a pole to the east of the project site in front of another business that should not otherwise be installed b. Satisfaction of the deferral will be achieved by virtue of a $65,000 payment to the City
c. The term of the deferral is a period up to ten (10) years, unless otherwise noted.

3. Owner agrees to make payment of $65,000, which has been determined to be equivalent to the cost of removing a PG&E power pole, within 10 years of the execution of this agreement or prior to such time as another undergrounding project commences that would rely upon the payment to assist in the cost of undergrounding those facilities. Said future project may occur earlier than 10 years.

If Owner fails to make said payment within 30 days after the date the City Engineer mails notice of such costs, interest shall accrue on the unpaid costs at the maximum legal rate from the date of notice. The lien shall not be released until all such costs, including accrued interest and other costs associated with collection of the payment including attorney fees, are paid in full, according to the terms specified in this Agreement. The remedy provided in this paragraph shall be in addition to and without limitation on any other rights or remedies that may be available to the City.

4. This Agreement shall terminate upon payment, including other costs if accrued, being made.

5. To the furthest extent allowed by law, Owner shall indemnify, hold harmless, and defend the City, the City Engineer, its officers, and employees from any and all claims, demands, costs, loss, damage, or liability whether in contract, tort, or strict liability, including but not limited to personal injury, death at any time and property damage incurred by City, Owner, or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees, litigation, and legal expenses incurred by City or held to be the liability of City, including plaintiff’s or petitioner’s attorney’s fees if awarded in connection with City’s defense of its actions in any proceeding) arising or alleged to have arisen directly or indirectly of performance or in any way connected with (i) the making of this Agreement; (ii) the performance of this Agreement; (iii) the performance or installation of the work or Improvements by Owner and Owner’s employees, officers, agents, contractors or subcontractors; (iv) the design, installation, operation, removal or maintenance of the work and Improvements; or (v) City’s approval of this save and except the sole active negligence of City.

6. The Parties intend that this indemnity provision shall be broadly construed to the fullest extent permitted by law.

7. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision or part thereof shall not affect the validity or invalidity or any other provision.

8. This Agreement shall be binding upon and inure to the benefit of the administrators, successors, and assigns of the respective parties hereto, and the obligations of this Agreement shall run with and burden the subject property.

9. This Agreement shall not be assignable by Owner without the express written consent of City. Subject to the limitations on assignment, this Agreement shall inure to the interest of the parties hereto.

10. Whenever the context requires, the neuter shall include the masculine or feminine, or both, and the singular shall include the plural.

11. Time is of the essence of this Agreement.
[Signature page follows.]
CITY OF MADERA:

By: ______________________
Cecelia K. Gallegos, Mayor
ATTEST:

By: _____________________
Alicia Gonzales, City Clerk
ACCEPTED BY:

By: _____________________
Keith Helmuth, P.E., City Engineer
APPROVED AS TO FORM:

By: ______________________
Shannon L. Chaffin, City Attorney
OWNER:

JSMACK Properties LLC
A California Limited Liability Corporation
By: ________________________________
Jasvir Singh, President

ATTACH NOTARY ACKNOWLEDGEMENTS

FOR OWNERS/APPLICANTS

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 19, 2025
______________________________ Agenda Number:

Arnoldo Rodriguez, City Manager
SUBJECT:

Acceptance of Energy Services Agreement with ENGIE Services U.S., Inc.

RECOMMENDATION:

Adopt a Minute Order Approving:

1. Acceptance of Energy Services Agreement

2. The Recording of Notice of Completion

3. The release of retention after recording of the Notice of Completion SUMMARY:

In May 2015, the City engaged ENGIE Services U.S. Inc. (ENGIE) to evaluate opportunities for energy conservation and efficiency improvements across City facilities and operations after receiving proposals from ENGIE, Johnson Controls, and Schneider Electric. Over a 16-month period, City staff and ENGIE collaboratively assessed various alternatives to reduce energy consumption and operating costs.

As a result of this analysis, staff recommended that the City Council adopt a Resolution approving an agreement with ENGIE to implement approximately $18.8 million in energy improvement projects designed to generate long-term savings and sustainability benefits for the City.

The project has since been completed, and staff are now seeking City Council approval to formally close out the project.

BACKGROUND:

In 2015, the City engaged to perform an energy assessment and identify energy conservation measures across approximately 50 City sites. The purpose of this assessment was to provide a comprehensive plan for cost-effective energy retrofits, renewable generation, and infrastructure upgrades that would reduce operating costs and enhance facility reliability.

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Staff from multiple departments worked collaboratively with ENGIE to evaluate energy use and opportunities for modernization at key City facilities, including the Wastewater Treatment Plant (WWTP), City Hall, the Police Department, the Corporation Yard, Fire Stations, and several community and recreation centers.

Following this extensive assessment, the City Council authorized ENGIE to proceed with the design and implementation of an energy services project.

The scope of the project included the following major components:
▪ Corporation Yard ▪ Transit Center ▪ Engineering Office ▪ Intermodal Transit Facility ▪ Water wells ▪ Wells Youth Center ▪ Police Department ▪ 150 Streetlights ▪ Bergon Senior Center ▪ City Hall ▪ Centennial Park ▪ Municipal Airport
▪ Fire Stations 56 & 57 ▪ Lions Town & Country
Park
▪ Wastewater Treatment
Plant
▪ Sunrise Rotary Sports
Complex
▪ Pan-Am Community
Center
As a result of its analysis, the team identified the following potential projects. As a point of reference for this report, kW represents kilowatts and kWh represents kilowatt hours.

The scope of the project included the following major components:

1. Solar Photovoltaic Systems
a. 360 kW at Lions Town and Country Park
b. 137 kW at the Police Department
c. 94 kW at the Corporation Yard
d. 86 kW at the Municipal Airport
e. 151 kW at City Hall
f. 123 kW at Fire Station #56, Centennial Park, and the John W. Wells Youth Center g. 122 kW at Sunrise Rotary Sports Complex
h. 36 kW at Pan-American Community Center
i. 1,051 kW at the Wastewater Treatment Plant (WWTP)
j. 2,189 kW RES-BCT (Renewable Energy Self-Generation Bill Credit Transfer) project at WWTP for Citywide cost avoidance. This program allows public entities to generate power at one location and apply the net metering credits to multiple meters they own, thereby making the economics of solar more cost effective.

2. Interior & Exterior Lighting improvements at the following facilities:
▪ Municipal Airport ▪ City Hall ▪ Centennial Park
▪ Intermodal Transit
Facility
▪ Fire Stations 56 and 57 ▪ Sunrise Rotary Sports
Complex
▪ Pan-Am Community
Center
▪ Lions Town & Country
Park
▪ Wastewater
Treatment Plant
▪ Engineering Office ▪ Corporation Yard ▪ Police Station ▪ Wells Youth Center ▪ Bergon Senior Center

3. HVAC and Energy Management System (EMS) upgrades at the following sites:
▪ Wells Youth Center ▪ Engineering Office ▪ Fire Stations 56 and 57 ▪ Police Department ▪ Transit Center ▪ City Hall
▪ Wastewater
Treatment Plant
▪ Corp Yard Admin
Building
▪ Municipal Airport
▪ Pan-Am Community
Center
▪ Intermodal Transit
Facility
▪ Bergon Senior Center

4. Electric Vehicle (EV) Charging Stations: Installation of 10 EV charging stations a. 5 at the Corporation Yard
b. 5 at City Hall

5. Electrical Switchgear Replacements to improve power reliability a. Lions Town & Country Park

6. Power Quality & Reliability Upgrades (Capacitor Bank & Controls) a. Wastewater Treatment Plant

7. Community Road & Safety Improvements
a. Installation of 150 solar-powered streetlights throughout the City

8. Educational Student Internships – Go Green Initiative 10 local high school internships to provide training and work experiences in the areas of sustainability and renewable energy
DISCUSSION:

Construction of the solar components began in June 2021. The first solar system at the WWTP became operational in October 2023, with the 2nd solar array nearing completion shortly thereafter. Collectively, these systems are designed to produce approximately 5.9 MW of renewable electricity annually, supplying energy to the WWTP, City Hall, Police Headquarters, and other City facilities.

It should be noted that there were no change orders.

FINANCIAL IMPACT:

The total project investment of approximately $18.8 million was financed through the issuance of $19.4 million in bonds in December 2019. The debt is being repaid through energy savings, rebates, and avoided utility costs.

In January 2025, the City received a $1,966,669.83 federal solar investment tax credit from the Internal Revenue Service under the Inflation Reduction Act (IRA). The City’s bond counsel, Jones Hall, for a cost of $50k, assisted staff in securing this reimbursement, which was distributed across the City funds that contributed to the solar project debt service. Staff anticipates an additional IRS payment in approximately one year.

The $1.97 million solar credit payment received in January 2025 further offsets the project’s financing costs and directly benefits the City’s enterprise and special revenue funds, including the General Fund, Sewer, Water, Airport, and Facilities Funds.

ALTERNATIVES:

As an alternative, Council may elect to reject the Notice of Completion. Rejection of the notice would result in staff’s inability to release retention funds and closing out the project for the Energy Services Agreement with ENGIE Services U.S., Inc.

ATTACHMENTS:

1. Notice of Completion

2. Project Photos
Attachment 1
Notice of Completion

Recording Requested by:

City of Madera
And When Recorded, Mail to:

City of Madera – City Clerk
205 W. 4th Street
Madera, CA 93637
Space above this line for Recorder’s Use
Fee Waived per Section 27383 & 27388.1(a)(2)(D) of the Government Code – No Document Tax Due $ -0-

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is City of Madera.

3. The full address of the undersigned is 205 W. 4
th Street, Madera, CA 93637.

4. The nature of the title of the undersigned is: In fee Renewable & Energy efficiency Improvements (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase” or “lessee”.)

5. The full name and full addresses of all persons, if any, who hold title with the undersigned as joint tenant or as tenants in common are:

Name Address
N/A

6. A work of improvement on the property hereinafter described was completed on __3/25/20258_______

7. The name of the original contractor, if any, for such work of improvement was:
(If no contractor for work of improvements as a whole, insert “none”.) ENGIE Services U.S. Inc. (ENGIE)

8. The full name(s) and address(es) of the transferor(s) of the undersigned is(are):

Name Address
N/A

9. The property on which said work of improvement was completed is in the City of Madera, County of Madera, State of California, and is described as follows:
▪ Corporation Yard ▪ Wells Youth Center
▪ Intermodal Transit Facility ▪ Bergon Senior Center
▪ Police Department ▪ Municipal Airport
▪ City Hall ▪ Pan-Am Community Center
▪ Fire Stations 56 & 57 ▪ Madera Swimming Pool
▪ Sunrise Rotary Sports
Complex
▪ Transit Center
▪ Water wells
▪ 150 Streetlights
▪ Centennial Park
▪ Lions Town & Country Park
▪ Engineering Office ▪ Wastewater Treatment
Plant

10. The street address of said property is:

Airport 4020 Aviation Dr., Madera, CA 93637
Bergon Community Center 238 S D St, Madera, CA 93638
City Hall 205 W 4th St, Madera, CA 93637
Fire Station #56 317 N Lake St., Madera, CA 93638
Fire Station #57 200 S Schnoor St., Madera, CA 93638
Intermodal Transit Facility 123 N E St., Madera, CA 93638 Lions Town and Country Park 2300 Howard Rd., Madera, CA 93637 Madera Community Center 1901 Clinton St, Madera, CA 93638 Madera Swimming Pool 221 Flume St, Madera, CA 93638
Millview Park 1910 Clinton St, Madera, CA 93638
Pan American Community Center 703 Sherwood Way, Madera, CA 93638 Police Station 330 S C St, Madera, CA 93638
Public Works 1030 S Gateway Dr., Madera, CA 93637
Engineering Office 428 E Yosemite Ave, Madera, CA 93638 Waste Water Treatment Plant 13098 Rd 21 ½, Madera, CA 93637 John Wells Youth Center 701 E 5th St, CA 93638
150 Solar Street Lights Various Locations within the City Limits

11. (If no street address has been officially assigned, insert “none”.) (Signature of Owner named in Paragraph 2)
Dated

State of California
County of Madera
____________, being duly sworn says: He is the ______________ of the City of Madera, the corporation that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein described; that he makes this verification on behalf of said corporation; that he has read said notice and knows the contents thereof, and that the facts herein stated are true. (Signature of Officer)
State of California
County of Madera
Subscribed and sworn to (or affirmed) before me on the day of , 2025 by _____________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
(Seal)
Alicia Gonzales
City Clerk
The notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy or validity of that document.

City Hall Solar Canopy
Solar Streetlight
WWTP Solar Field

EV Charger City Hall
Electrical Upgrades Lions T & C Park

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Surplus and disposition of nine (9) Automated External Defibrillators (AEDs) RECOMMENDATION:

Adopt a Resolution authorizing the surplus and disposition of nine (9) end-of-life AEDs to AEDSuperstore through the AED Trade-In Program for $150 each ($1,350 total) SUMMARY:

In 2015, the City of Madera (City) acquired Philips AEDs to be installed in various fixed locations within City facilities. Those AEDs had a useful life of approximately 10 years, which has now passed. After having replaced the AEDs, staff now desires to declare the old AEDs as surplus as they do not retain any useful purpose for the City. The devices and certain accessories are considered medical equipment, which restricts the City from legally selling the items on the open market. AEDSuperstore, an AED retailer, accepts used AEDs for reclamation purposes so long as they meet certain requirements. AEDSuperstore will pay the City $150 for each Philips AED that is traded-in; the City will be responsible for shipping, estimated at $100. The remaining components will be recycled or disposed of, according to local protocol, while the AED cabinets will be stored until such time that the City holds a surplus auction.

DISCUSSION:

The City’s Human Resources Department maintains an on-site AED program which includes maintenance and oversight of AEDs at various City-owned facilities so staff or the public can respond in the event of an emergency. Having AEDs in City facilities also allows the City to meet certain regulatory requirements for public buildings, pools, gyms, etc.

In October 2015, the City purchased Philips HeartStart On-Site Defibrillators (AEDs) for various City sites. After 10 years, the Philips AEDs reached the end of their recommended service life. In October 2025, all Philips AEDs were replaced with new ZOLL AED Plus devices. Once all the Philips Council Meeting of: November 19, 2025
Agenda Number: B-7
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AEDs were taken out of service and the ZOLL AEDs were in place, staff pursued disposal options.

Staff researched options and identified AEDSuperstore’s trade-in program as the preferred disposal method. AEDSuperstore advised they would accept all nine (9) of the City’s Philips AEDs.

Once the AEDs are received by AEDSuperstore, they will be evaluated for recyclability. If approved, payment will be sent to the City in the amount of $150 each, for a total of $1,350. The City will be responsible for shipping the units to AEDSuperstore, estimated at $100.

Due to the AEDs being classified as medical devices, it would be illegal for the City to list the AEDs for public surplus auction and potentially sell to an individual as the devices are regulated by the Food and Drug Administration.

FINANCIAL IMPACT:

Staff was aware the Philips AEDs would need to be replaced in the current fiscal year, so funds were budgeted for this purpose in the Risk Management Org (10901510). The proceeds from the sale of the AEDs will be deposited into the same org from which the replacement AEDs were purchased.

Table 1 below shows the estimated transaction details.

Table 1: AED Trade-In
Retailer AED Count Trade-in Price Total
AEDSuperstore 9 $150 $1,350
Estimated shipping -$100
Estimated revenue $1,250
ALTERNATIVES:

Staff could be directed to retain the used AEDs or dispose of them at a local hazardous waste facility without compensation.

ATTACHMENTS:

1. Resolution
Exhibit A – AEDSuperstore AED Trade-In Program Form
RESOLUTION NO. 25-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, AUTHORIZING THE SURPLUS AND TRADE-IN OF NINE (9)

AUTOMATED EXTERNAL DEFIBRILATORS (AEDS)
WHEREAS, the City of Madera (City) maintains an onsite AED program to support emergency response and comply with California law; and
WHEREAS, nine (9) AEDs are past their useful emergency response service life and have been replaced with new AEDs, however the used AEDs are in good physical condition; and WHEREAS, AEDs are considered medical equipment and the City cannot legally sell the devices on the open market; and
WHEREAS, AED retailer, AEDSuperstore, has agreed to accept the trade-in of nine (9) AEDs for one-thousand three-hundred fifty dollars ($1,350) to be recycled; and WHEREAS, the trade-in of nine (9) AEDs to AEDSuperstore will be executed through the AED Trade-In Program.

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

1. The City Council hereby declares nine (9) Philips HeartStart On-Site Defibrillators as surplus property.

2. The City Council approves the trade-in of nine (9) AEDs (Serial Numbers A15G-03828, A15G-03806, A15G-03830, A15G-04042, A15G-03814, A15G-03832, A15G-04031, A15G-04348, A24C-04825) to AEDSuperstore in accordance with the AEDSuperstore AED Trade-In Program form, attached as Exhibit A and incorporated herein.

3. This resolution is effective immediately upon adoption. ****
Exhibit A: AEDSuperstore AED Trade-In Program Form
AED Trade-In Program
Max Trade Values
Cardiac Science Value Qty Subtotal
Powerheart G5 $300 $0
Zoll Value Qty Subtotal
AED Plus $300 $0
AED Pro $400 $0
AED 3 $500 $0
Physio-Control Value Qty Subtotal
LIFEPAK 1000 $300 $0
LIFEPAK CR2 $400 $0
HeartSine Value Qty Subtotal
Samaritan Pad 450 $250 $0
Samaritan Pad 350/360 $150 $0
Philips Value Qty Subtotal
FRx
**MFR date must be 2014-newer
$150 $0
Onsite
**MFR date must be 2014-newer
$150 $1350
Trade-In Total: $1,350
9 Free Disposal For:

Avive Connect AED
Cardiac Science G3
CardioVive
Defibtech Lifeline
Defibtech Lifeline View, Reviver View
LIFEPAK 500

LIFEPAK CR PLUS

LIFEPAK EXPRESS
HeartSine 300
Philips ForeRunner or FR-2
Philips FR-X (MFR date 2013 and older)
Philips Onsite (MFR date 2013 and older)
Philips FR-3
Welch Allyn AED 10 or 20
Choose a quantity beside eligible AED model being traded and provide serial number of trade-in unit(s) below. If more than 4 units, serial numbers will print on a separate sheet of paper. If unsure where to locate serial numbers, please click the  icon next to desired AED model to see an example. *For trade-ins of 25+ units, please contact us to verify price eligibility for large quantity.

Please include completed form with your eligible tradein AED(s) and mail to the address below to obtain a rebate check. Check will be sent to the name and
address completed on form above within 2-4 weeks of
receipt of AED(s). Customer is responsible for all
shipping costs.

If check should be sent to separate location than AED
source, please attach additional address info. For
questions, please contact
[email protected] or 888-851-8584.

Send completed form with eligible AEDs to:

AED Rebate Center
1033 Collins Road, Suite B,
Greenwood, IN 46143
To Qualify: Units must be U.S.units, currently supported, pass self-test and not be on any recall list. Unit condition cannot have any major cosmetic issues.
**Pricing & specific eligibility subject to change based on market conditions. Offer is valid for 30 days. *Company/Name to Appear on Check:

City of Madera
Contact:

Human Resources
Company:

City of Madera
*Address:
205 W 4th Street
*City:

Madera
*State:

CA
*Zip:
93637
Phone:
5596615417
Email:
[email protected]
*Please enter serial numbers below. They will print on a separate page.

Trade-In Serial Numbers
Serial #1:

A15G-03828
Serial #2:

A15G-03806
Serial #3:

A15G-03830
Serial #4:

A15G-04042
Serial #5:

A15G-03814
Serial #6:

A15G-03832
Serial #7:

A15G-04031
Serial #8:

A15G-04348
Serial #9:

A24C-04825

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

Informational report on the Community Development Block Grant (CDBG) Revolving Loan Program
RECOMMENDATION:

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

The City is an entitlement grantee under the U.S. Department of Housing and Urban Development (HUD). The Program Year 2025/26 Annual Action Plan (AAP) was approved by Resolution No 25-150. The Program Year 2025/26 AAP describes funding for projects. This funding consists of multiple funding resources including the current CDBG allocation and the Revolving Loan Fund (RLF) program income balance.

During the August 13, 2025, City Council meeting, potentially reallocating funds was discussed.

As directed by Council, staff reviewed the RLF program and consulted with the Madera County Economic Development Commission (MCEDC) to strategize the efficient use of these funds.

DISCUSSION:

The RLF is currently administered by MCEDC. RLF funds are used to provide start-up funds to lowmoderate income local small business owners. The revenue from the loans that are paid back to the City are used to fund new loans. Thus, these monies are “revolving.” The revenue generated by the RLF is considered program income. This revenue is added to the City’s CDBG line of credit with the Department of Housing and Urban Development (HUD) for purposes of determining if the City is meeting its timeliness obligation under the CDBG B-8
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assurances. Under the timeliness obligation, a CDBG recipient organization is required to maintain a credit balance no greater than one and one-half (1.5) times its annual grant 60 days prior to the end of the program year. Annually, on May 2nd, HUD performs a Timeliness check.

Currently, there are three outstanding loans. Table 1 summarizes the outstanding loans status.

Table 1: Revolving Loan Outstanding Loan Balances
Business Original Loan
Amount
Outstanding Balances as
of November 5, 2025
Jairo Sepulveda $48,600.17 $2,081.70
Galaxy Dance $28,000 $18,085.76
GQ Investments $125,000 $50,564.20
Total: $70,731.66
In addition to the outstanding loan balance total of $70,731.66, there is a total of $387,374.04 available for disbursement.

Revolving Loan Fund Marketing:

The last RLF applications submitted to/approved by the City were in the first quarter of 2021.

While the COVID pandemic suppressed demand for loans funded through this program, it has also become apparent that many potential businesses were not aware of the RLF program. As a result, MCEDC has marketed the RLF program utilizing the following strategies:

1. The RLF program description is included in MCEDC’s monthly newsletter.

2. RLF program information has been added to MCEDC’s website homepage.

3. MCEDC has partnered with the Chamber of Commerce. The Chamber of Commerce included information about the program in their monthly newsletter and has flyers in their office.

4. MCEDC shared the flyer with Madera County Workforce.

While any for-profit business in Madera may apply for an RLF loan, there has been minimal interest over the last few years. The existing loan requirements may be a factor. Some of those requirements are:

1. The minimum loan amount is $20,000.

2. Applicant qualifications include technical assistance in entrepreneurship.

3. HUD guidelines require that for every $35,000 borrowed the client must create one full time job with 51 percent of those jobs being filled by a low to moderate income individual.

4. The loan documents include a collateral requirement such as a deed of trust (lien against real property).

MCEDC agrees that interest in the program has declined but believes the RLF program is a critical tool for local business owners. City staff and the MCEDC continue to meet to determine an amount that is sufficient to fund the RLF program. It is likely that, as a result of those discussions, staff will seek Council approval in 2026 to repurpose a portion of these funds considering the program constraints and the impact of the RLF funds on the City’s ability to meet the HUD timeliness requirement.

FINANCIAL IMPACT:

Disbursement of RLF program income funds do not have an impact on the General Fund.

However, the program income balance is included in the City’s line of credit with HUD. Failure on the City’s behalf to expend this program income balance expeditiously may result in the City’s inability to meet HUD’s Timeliness requirement.

ALTERNATIVES
This is an informational item only.

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

Budget Amendment for Appliance Purchases
RECOMMENDATION:

Adopt a Resolution approving a budget amendment to the Fiscal Year 2025/26 Operating Budget to appropriate Supplemental Law Enforcement Services Fund balance funds for the purchase of an ice maker and evidence refrigerator
SUMMARY:

The Police Department (MPD) is requesting City Council approval of a Resolution authorizing a budget amendment to the Fiscal Year 2025/26 Operating Budget to appropriate funds from the Supplemental Law Enforcement Services Fund (SLESF) balance. The funds requested will be used to purchase a replacement ice maker for the MPD’s breakroom and a new refrigerator for the evidence room. These purchases were not anticipated during the annual budget preparation process, as both existing units failed unexpectedly after the budget was adopted.

DISCUSSION:

MPD has experienced unexpected failures of two essential equipment items, the break room ice maker and the evidence refrigerator. The ice maker, located in the staff break room, has become inoperable and cannot be repaired. The ice maker is an essential appliance that promotes employee health and comfort while also serving as a valuable resource during community engagement events. Because the failure occurred after adoption of the current budget, no funds were allocated for its replacement.

Similarly, the evidence refrigerator, which is critical for the proper storage of biological and perishable evidence, has reached the end of its service life and must be replaced to maintain compliance with state and local evidence handling standards. The refrigerator’s replacement was also unplanned and therefore not included in the current fiscal year budget.

Council Meeting of: November 19, 2025
Agenda Number: B-9
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MPD has made attempts to fix both the refrigerator and ice maker, but the repairs did not last and were unreliable. Service providers confirmed both units are past their typical service life, justifying a full replacement to ensure long-term serviceability.

To address these unforeseen equipment needs, MPD proposes using available funds from the SLESF balance. SLESF funds may be used to support front-line law enforcement operations and related equipment. Approval of this budget amendment will authorize the appropriation of SLESF balance funds to purchase both the ice maker and the evidence refrigerator, ensuring MPD’s operational and compliance needs are met.

FINANCIAL IMPACT:

Approval of the Resolution will amend the Fiscal Year 2025/26 Operating Budget to appropriate $13,500 from the SLESF balance for the purchase of one break room ice maker and one evidence refrigerator. These expenses were not included in the adopted budget due to the unforeseen equipment failures. Sufficient fund balance is available, and no impact on the General Fund is anticipated.

ALTERNATIVES:

Council may request staff return with additional information or request staff use an alternative source of funds to purchase the appliances.

ATTACHMENTS:

1. Resolution approving budget amendment
RESOLUTION NO. 25-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

AUTHORIZING AND APPROVING AN AMENDMENT TO THE CITY OF
MADERA FISCAL YEAR 2025/2026 BUDGET TO APPROPRIATE

SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS FOR THE

PURCHASE OF AN ICE MAKER AND EVIDENCE REFRIGERATOR
WHEREAS, the City of Madera has an Adopted Budget for Fiscal Year 2025/2026; and WHEREAS, the City desires to amend the adopted Budget to reflect the purchase of an ice maker and evidence refrigerator; and
WHEREAS, the amendment to the City of Madera Fiscal Year 2025/2026 Budget, listed in Exhibit A, attached hereto, is necessary to appropriate funds for the expenditure of the appliances.

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. Funds shall be appropriated in the Fiscal Year 2025/26 Adopted Budget in the amount of $13,500 from available Supplemental Law Enforcement Services Fund balance in the Supplemental Law Enforcement vehicles and equipment account to fund the purchase of 1 ice maker and 1 evidence refrigerator.

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

ORG OBJECT
FUND CODE CODE DESCRIPTION (+) (-)

GENERAL FUND
4770 47700000 4900 Budgetary Carryover 13,500.00
4770 47700000 7000 Vehicles & Equipment 13,500.00
TOTALS 13,500.00 13,500.00

EXHIBIT A
CITY OF MADERA FISCAL YEAR 2025/26 BUDGET APPROPRIATION

FOR THE POLICE DEPARTMENT'S ICE MAKER AND EVIDENCE REFRIGERATOR 1 REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 19, 2025
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

California Department of Fish and Wildlife (CDFW) Hunter Education Fee Waiver Requests RECOMMENDATION:

Adopt a Resolution waiving the rental fees of the Rotary Youth Hut on 16 dates through September 2026, related to Hunter Education Classes, hosted by the California Department of Fish and Wildlife, at an anticipated rental fee of $3,545 SUMMARY:

The City received a request from the CDFW seeking a waiver of rental fees for the use of the Rotary Youth Hut to host 16 classes, on separate dates from December 2025 through September 2026.

The classes are Hunter Education Classes, focused on safety and also teach ecology, environmental protection, and stewardship of natural resources through legal and ethical practices. These classes are intended for those wishing to learn about hunting, need refresher courses, or are in need of strict instruction on the safe handling of firearms.

DISCUSSION:

CDFW has submitted a formal request in writing to use the Rotary Youth Hut to host 16 classes on separate dates from December 2025 through September 2026. These classes are under the hunter education program.

California requires hunter education training for those who:
 Have never held a California hunting license
 Do not have a hunter education certificate, or
B-10
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 Do not have a hunting license from another state or province issued within the past two years.

Students may choose between two different types of hunter education class format options: (1) Traditional Hunter Education Class and (2) an Online Follow-up Class. Hours of instruction vary depending on the type of class the instructor is offering. Classes are offered throughout CDFW by more than 1,000 certified volunteer instructors, all dedicated to keeping hunting safe, ethical, and available to Californians.

The active hunter education instructor is Brent DeNatly. Mr. DeNatly is a volunteer instructor with CDFW, retired from a career in law enforcement. Assisting him during instruction will be a uniformed warden(s) from CDFW, who will be assisting with the instruction and testing.

These classes would be open to all and comply with all State and federal non-discrimination laws and best practices. Instructors are all volunteers and are not allowed to receive any compensation for time, travel expenses, or related costs. To help keep these trainings free to the community, instructors and CDFW need venues free of charge, or with very minimal rental fees, to provide as training locations where written testing can be conducted as well.

The dates being requested are as follows:

1. December 6, 2025

2. January 10, 2026

3. January 31, 2026

4. February 14, 2026

5. February 28, 2026

6. March 07, 2026

7. March 28, 2026

8. April 11, 2026

9. May 9, 2026

10. May 23, 2026

11. June 6, 2026

12. June 27, 2026

13. July 18, 2026

14. August 1, 2026

15. August 29, 2026

16. September 19, 2026
The Rotary Youth Hut would be reserved from 9:30 am to 10 pm on these dates.

While staff supports the request, CDFW is still required to provide insurance documentation for City facility rentals that meet City requirements, through the duration of all classes.

FINANCIAL IMPACT:

The applicable costs for renting the Rotary Youth Hut, with the requested dates, are summarized in Table 1 and would apply to this rental. Costs are derived from the City of Madera Master Fee Schedule.

Table 1: Estimated Financial Impact Without Fee Waiver
Rotary Youth Hut – All Day Rental Fee
Administrative Fee $25
16 dates x $180 $2,880
Early Access $640
Total $3,545
ALTERNATIVES:

The Council may elect to reject the fee waiver and require CDFW to remit any associated fees if they wish to rent the Rotary Youth Hut on the listed dates and times.

ATTACHMENTS:

1. Resolution waiving rental fees of the Rotary Youth Hut on 16 separate dates through September 2026, related to Hunter Education Classes, hosted by the California Department of Fish and Wildlife, at an anticipated rental fee of $3,545

2. Letter of Request
ATTACHMENT 1
Resolution – Waiving the rental fees of the Rotary Youth Hut on 16 separate dates through September 2026, related to Hunter Education Classes, hosted by the California Department of Fish and Wildlife, at an anticipated rental fee of $3,545 RESOLUTION NO. 25-______

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

CALIFORNIA, WAIVING THE RENTAL FEES OF THE ROTARY YOUTH HUT ON 16 SEPARATE DATES THROUGH SEPTEMBER 2026, RELATED TO HUNTER

EDUCATION CLASSES, HOSTED BY THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE, AT AN ANTICIPATED RENTAL FEE OF $3,545
WHEREAS, the City has received a request for the waiver of fees for the rental of the Rotary Youth Hut; and
WHEREAS, the request is from the California Department of Fish and Wildlife (CDFW); and
WHEREAS, CDFW is looking to host Hunter Education Classes; and WHEREAS, the request is for rental utilization of the Rotary Youth Hut, on 16 different dates, from 9:30 am – 10 pm, including setup and cleanup time; 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 $3,545; and WHEREAS, CDFW 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 outlined in this resolution serves a valid public purpose in that CDFW’s Hunter Education Classes promote safety, teach about ecology, environmental protection, and stewardship of natural resources, which benefits residents of the City of Madera.

3. The City Council does hereby waive the City fees for Rental Fees of the Rotary Youth Hut on the date and time identified, included as Exhibit A, subject to confirmation of insurance.

4. This resolution is effective immediately upon adoption. * * * * * *
Exhibit A – Dates and Times Requested by the California Department of Fish & Wildlife for Hunter Education Classes
The dates being requested are as follows:

5. December 6, 2025

6. January 10, 2026

7. January 31, 2026

8. February 14, 2026

9. February 28, 2026

10. March 07, 2026

11. March 28, 2026

12. April 11, 2026

13. May 9, 2026

14. May 23, 2026

15. June 6, 2026

16. June 27, 2026

17. July 18, 2026

18. August 1, 2026

19. August 29, 2026

20. September 19, 2026
The Rotary Youth Hut would be reserved from 9:30 am to 10 pm on these dates.

ATTACHMENT 2
Letter of Request

From: Grinton, Gregory@Wildlife
To: Mercedes Bravo
Cc: [email protected]
Subject: RE: City of Madera Parks & Community Services Department Date: Thursday, October 30, 2025 3:10:48 PM
Attachments: image002.png
image003.png
image004.png
image005.png
image006.png
Mercedes,
Thank you for reaching out to me today and following up on this. Brent D Denatly is currently an active Hunter Education instructor with the California Department of Fish and Wildlife hunter education program.

Instructor Denatly is currently in the process to find a location where he can continually offer hunter education classes. California requires hunter education training for those who have never held a California hunting license, who do not have a hunter education certificate, or who do not have a hunting license from another state or province issued within the past two years. Students may choose between two different types of hunter education class format options (1) Traditional Hunter Education Class and (2) an Online Follow-up Class. Hours of instruction vary on the type of class the instructor is offering. Classes are offered throughout the State by more than 1,000 certified volunteer instructors, all dedicated to keeping hunting safe, ethical, and available to all Californians. The backbone of California’s hunter education training effort is the many dedicated volunteer instructors, who give their time and energy to the program. They have been the driving force for the program since its inception. California instructors have trained well over one million hunters since the start of the program. Training in the principles of firearm safety, hunter ethics and sportsmanship, wildlife conservation and management, and hunter-landowner relations are the keys for a safe hunting future. In a continued effort to reduce firearm accidents, the State of California requires all first-time resident hunters, regardless of age, to complete hunter education training or pass a comprehensive equivalency test before purchasing a hunting license. In collaboration with volunteer instructors, CDFW provides for hunter education throughout the state. I hope this is what you were looking for, if you have any additional questions pertaining to our program, please do not hesitate to reach out to me directly.

Thanks,
Greg Grinton
Lieutenant Specialist
California Department of Fish & Wildlife
Hunter Education District Coordinator
Office: 925-626-3557 or Cell: 916-719-5890

1.888.334.CALTIP - 24 Hour Secret Witness Hotline
[email protected]

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 19, 2025
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Madera County Master Gardeners Fee Waiver Request for the Annual Tea Party RECOMMENDATION:

Adopt a Resolution waiving the rental fees of the Frank Bergon Senior Center on Saturday, January 31, 2026, related to an Annual Tea Party hosted by the Madera County Master Gardeners, at an anticipated rental fee of $465
SUMMARY:

The City received an inquiry from the Madera County Master Gardeners (MCMG) requesting waiving rental fees for using the Frank Bergon Senior Center (FBSC) to host an Annual Tea Party.

The event will take place on Saturday, January 31, 2026, from 8:00 am – 4:30 pm, including setup and cleanup time.

DISCUSSION:

The MCMG has submitted a formal request in writing to use FBSC to host an Annual Tea Party fundraising event. The request comes specifically from the past president of the Madera County Master Gardeners, Candy Talley.

The MCMG oversees a two-acre demonstration garden, known as the 3 Sisters Garden, on the campus of the Madera Community College. The garden is open and available to the public. To support the garden, a foundation has been established, Friends of 3 Sisters, which holds a nonprofit status. To help fund the foundation, the MCMG hosts two fundraisers, one being the Annual Tea Party in January and a Glorious Garden Tour in April. The group is requesting a waiver B-11
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of fees, as savings would go towards the continuous maintenance and development of the 3 Sisters Garden, a benefit to the community.

While staff supports the request, MCMG is still required to provide insurance documentation for City facility rentals that meet City requirements.

FINANCIAL IMPACT:

The applicable costs for renting the FBSC, with the requested date, are summarized in Table 1 and would apply to this rental. Costs are derived from the City of Madera Master Fee Schedule.

Table 1: Estimated Financial Impact Without Fee Waiver
Administrative Fee $25
Multi-Purpose Room – All Day Rental $400
Kitchen Access $40
Total $465
ALTERNATIVES:

The Council may elect to reject the fee waiver and require MCMG to remit any associated fees if they wish to rent the FBSC on the listed dates and times.

ATTACHMENTS:

1. Resolution waiving rental fees of the Frank Bergon Senior Center on Saturday, January 31, 2026, related to an Annual Tea Party hosted by the Madera County Master Gardeners, at an anticipated rental fee of $465

2. Letter of Request
ATTACHMENT 1
Resolution – Waiving the rental fees of the Frank Bergon Senior Center on Saturday, January 31, 2026, related to an Annual Tea Party hosted by the Madera County Master Gardeners, at an anticipated rental fee of $465
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 SATURDAY, JANUARY 31, 2026, RELATED TO AN ANNUAL TEA

PARTY HOSTED BY THE MADERA COUNTY MASTER GARDENERS, AT AN ANTICIPATED RENTAL FEE OF $465
WHEREAS, the City has received a request for the waiver of fees for the rental of the Frank Bergon Senior Center (FBSC); and
WHEREAS, the request is from the Madera County Master Gardeners (MCMG); and WHEREAS, MCMG is looking to host their Annual Tea Party fundraiser event; and WHEREAS, the request is for rental utilization of the Frank Bergon Senior Center, on Saturday, January 31, 2026, from 8 am – 4:30 pm, including setup and cleanup time; 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 $465; and WHEREAS, MCMG 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 outlined in this resolution serves a valid public purpose in that the Madera County Master Gardeners Annual Tea Party promotes the 3 Sisters Garden, which is a community garden open to the public.

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, subject to confirmation of insurance.

4. This resolution is effective immediately upon adoption. * * * * * *
ATTACHMENT 2
Letter of Request
Friends of Three Sisters Garden
Madera, CA 93637
Friends of Three Sisters Garden is a 501(c)(3) non-profit organization.

Our mission is to enrich our community through education and promoting the value of horticulture in our lives.

October 13, 2025
To whom it may concern,
My name is Candy Talley and I am the past president for the Madera County Master Gardeners. As Master Gardeners, our mission is to enrich our community through education and promoting the value of horticulture in our lives. As part our community education, we have developed and maintain a two-acre demonstration garden, The 3 Sisters Garden, on the campus of the Madera Community College that is open and available to the public.

To support our garden, we established a foundation, Friends of 3 Sisters. The Friends of 3 Sisters is a 501 (c)(3)- non-profit. To fund the foundation, we have two fundraisers, our Tea Party in January and Glorious Garden Tour in April. In the past, we have held our annual Tea Party at the Bergon Center, and the rental fee has been waived. We are requesting the fee be waived for our Tea Party on Sat. January, 31, 2026 from 8 to 4. We are requesting the fee be waived so that the money we would have to pay towards rental can go towards maintenance and continued development of The 3 Sisters Garden for the benefit of our community.

Thank you for your consideration,
Candy Talley

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

Agreement with SNF Polydyne Inc. forsludge dewatering polymers RECOMMENDATION:

Adopt a resolution approving a five-year agreement with SNF Polydyne Inc. to provide sludge dewatering polymers for use at the Wastewater Treatment Plant.

SUMMARY:

The City of Madera (City) owns and operates a Wastewater Treatment Plant (WWTP) with a sludge dewatering facility southwest of the City. Sludge is a byproduct of wastewater treatment and is dewatered to reduce volume and lower disposal costs. The dewatering process at the WWTP employs two sludge centrifuges that require polymer to enhance water removal. Staff published a Request for Proposals (RFP) and received one (1) responsive bid. The proposed fiveyear agreement with SNF Polydyne Inc. provides a continued supply of polymer necessary for WWTP operations.

DISCUSSION:

The City previously maintained a contract with SNF Polydyne Inc., which expired June 21, 2025.

Since that time, the City has continued purchasing the required sludge dewatering polymer from SNF Polydyne Inc. on an as-needed basis to ensure uninterrupted operations.

To establish a new agreement, the City issued RFP No. 202526-10 – Sludge Dewatering Polymers on August 25, 2025, in compliance with the City’s purchasing policy. The RFP was posted on PlanetBids, the City’s online procurement platform, which notified 45 registered vendors. In addition, the RFP was emailed directly to 45 additional firms to ensure broad outreach. Of the notified businesses, 15 firms downloaded the solicitation, and 13 indicated their intent to submit a proposal.

Interested vendors were required to conduct a jar test at the WWTP to evaluate polymer effectiveness under actual operating conditions and under staff supervision. Two (2) firms B-12
Return to Agenda
completed jar tests, and one (1) proposal from SNF Polydyne Inc. was submitted by the September 22, 2025, deadline.

The proposal was reviewed in accordance with the evaluation criteria outlined in the RFP and was found to meet the City’s technical and performance requirements.

The evaluation criteria as presented in the RFP are outlined in Table 1.

Table 1: Evaluation Criteria and Evaluation Score
Criteria Max. Evaluation Score
Completeness of Response Pass/Fail
Product Specifications 80
References 5
Cost Proposal 15
Total 100
SNF Polydyne Inc. has provided the requested polymers at the WWTP for several years with no product or customer service issues. Based on the outcome of the jar test and submittal of a responsive bid, staff is recommending award of the agreement to SNF Polydyne Inc. A summary of the proposed agreement is asfollows.
 The agreement term is five (5) years with no extensions.  The supplier will be responsible for delivering the sludge dewatering polymer and offloading it.
 A sales representative shall provide a monthly service call to monitor the polymer’s performance and ensure that the same efficiency is maintained as shown in the jar test.  The supplier shall provide the polymer on an “on-call, as needed” basis with no minimums or maximums.
 The agreement may be terminated at any time without liability with 30 business days prior written notice by either party. In the event of such termination, the supplier will be paid for all goods provided prior to termination.

FINANCIAL IMPACT:

Under the proposed agreement, SNF Polydyne Inc. will supply the City with sludge dewatering polymer at a rate of $1.54 per pound, plus applicable sales tax, including delivery. This is lower than the City’s current rate of $1.93 per pound, resulting in an approximate 20% cost savings on a unit-price basis.

Polymer usage fluctuates throughout the year based on operational needs, influent conditions, and seasonal flows. Because of this variability, annual expenditures are difficult to precisely quantify. However, given the reduced unit cost under the new agreement and the historical range of polymer usage at the WWTP, staff anticipates that all associated expenses will remain well within the existing operating budget. These expenditures are funded through the Wastewater Utility Fund, supported by sewer service rates, and represent a routine operating cost necessary for the continued treatment and disposal of wastewater.

ALTERNATIVES:

Alternatively, Council may choose to:
 Decline to approve the agreement with SNF Polydyne Inc.  Direct staff to re-release RFP for sludge dewatering polymers ATTACHMENTS:

1. Resolution
a. Exhibit A: Agreement with SNF Polydyne Inc.

RESOLUTION NO._____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
APPROVING AN AGREEMENT WITH SNF POLYDYNE INC.

FOR THE PURCHASE OF SLUDGE DEWATERING POLYMERS FOR USE

AT THE WASTEWATER TREATMENT PLANT
WHEREAS, the City of Madera (City) owns and operates a Wastewater Treatment Plant (WWTP) that requires the ongoing use of sludge dewatering polymers as part of its treatment process; and
WHEREAS, the City has an ongoing need to procure sludge dewatering polymers to ensure continuous and effective WWTP operations; and
WHEREAS, the City issued Request for Proposal (RFP) No. 202526-10 for sludge dewatering polymers on August 25, 2025; and
WHEREAS, the City received one responsive bid in response to the RFP, which was reviewed and evaluated in accordance with criteria established in the solicitation; and WHEREAS, SNF Polydyne Inc. was determined to have a responsive and responsible proposal, meeting all City requirements; and
WHEREAS, the City wishes to enter into an agreement with SNF Polydyne Inc. for the purchase and delivery of sludge dewatering polymers for the WWTP; and WHEREAS, an agreement has been prepared that is in the best interests of the City and SNF Polydyne Inc.; and
WHEREAS, all expenditures associated with the contract will be funded through the Wastewater Utility Fund, supported by sewer service rates with no impact to the General Fund, and sufficient appropriations are available in the Fiscal Year 2025-26 operating budget.

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 of the City of Madera hereby accepts the sole proposal received for this Request for Proposals, finds SNF Polydyne Inc. has submitted a responsive and responsible proposal, and awards the Agreement for Goods and Services for RFP No. 202526-10, Sludge Dewatering Polymers for the City of Madera Wastewater Treatment Plant to SNF Polydyne Inc., which is attached hereto as Exhibit A and incorporated herein.

3. This resolution is effective immediately upon adoption. * * * *
Exhibit A: Agreement with SNF Polydyne Inc.

AGREEMENT FOR GOODS AND SERVICES BETWEEN
CITYOF MADERA AND SNF POLYDYNE INC.

This Goods and Services Agreement, (hereinafter referred to as the "Agreement"), effective November 19, 2025, is entered into between the City of Madera, a municipal corporation, (hereinafter referred to as "City"), and SNF Polydyne Inc. (hereinafter referred to as "Vendor").

RECITALS
WHEREAS, City issued a Request for Proposals for sludge dewatering polymers for the Wastewater Treatment Plant (WWTP); and
WHEREAS, Vendor submitted a proposal for providing the requested goods and is engaged in the business of furnishing such goods and related services and hereby warrants and represents that it is qualified, licensed, and professionally capable of providing the goods called for in the Request for Proposals and this Agreement; and WHEREAS, City desires to obtain the goods from Vendor, and Vendor desires to provide the goods to City on a non-exclusive basis and in full compliance with controlling federal, state, and local laws, rules, and regulations; and
WHEREAS, Vendor provides such goods on a contract basis, as an independent contractor, possessed of and exercising the complete right to control the means of accomplishing said services; and
WHEREAS, City desires to retain Vendor, and Vendor desires to provide City with the goods and services, on the terms and conditions as set forth in this Agreement.

NOW THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein contained, and for other good and valuable consideration hereby acknowledged, the parties agree as follows:

TERMS AND CONDITIONS

1. Term. The term of this Agreement shall be on an as-needed basis for a five-year period effective November 20, 2025, and ending November 19, 2030.

2. Scope of Services. Vendor shall provide goods described in Exhibit A which is attached and incorporated by reference.

2.1. Vendor acknowledges and agrees that any goods he/she/they provides to City shall be on a non-exclusive basis.

2.2. The parties acknowledge and agree that the Vendor, in the performance of this Agreement and the authority delegations provided for in this Agreement and Exhibit A hereto, shall exercise his/her/their independent judgment and shall not take direction, directly or indirectly, in connection therewith from the City Manager, the Mayor, the City Council (or any member thereof), or any other person.

2.3. Vendor represents and warrants that he/she/they is qualified to provide goods described in Exhibit A meeting all experience, training, and current requirements thereunder.

3. Compensation. City shall pay Consultant as follows:

3.1. Vendor shall be compensated in accordance with Exhibit B which is attached and incorporated by reference.

3.2. Vendor shall bill City monthly and submit billing to City within five business days from the end of each month. Billings submitted to City must be itemized and facilitate an efficient review of charges. Items should be billed as described on the Fee Schedule in Exhibit B.

3.3. Any billing disputes brought forth by the City must be submitted within fourteen (14) calendar days of the receipt of the billing statement. Such disputes will be submitted by electronic mail (email) to the billing contact provided by Consultant in section 3.5 below.

3.4. Payment of undisputed invoiced amounts shall be made directly by the City to Vendor within thirty (30) days of receipt of billing.

3.5. Billing Contacts
Vendor shall direct all invoices and billing-related communications to the City’s designated Billing Contact:

City of Madera
Attn: WWTP/Peter Gallegos
205 W. 4th Street
Madera, CA 93637
Phone: 559-661-5467
Email: [email protected]
The City shall direct all invoices, payments, and billing-related communications to the Vendor’s designated Billing Contact:

SNF Polydyne Inc.

Attn: Boyd Stanley, Sr. Vice President
1 Chemical Plant Road
Riceboro, GA 31323
Phone: (912) 884-3366
Email: [email protected]
Either party may update their contact information, including but not limited to mailing address, email address, or phone number, at any time by providing written notice to the other party in accordance with the notice provisions set forth in this Agreement. Such updates shall take effect upon the other party's receipt of the written notice unless a later effective date is specified in the notice

4. Termination. Remedies and Force Majeure.

4.1. This Agreement shall terminate without any liability of City to Vendor upon thirty (30) business days prior written notice by City to Vendor or by Vendor to City.

4.2. In the event of such termination, Vendor shall be paid for all goods provided to the City to date of termination.

4.3. Upon any termination or expiration of the Agreement, City may (i) exercise any right, remedy (in contract, law, or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic, and incidental damages for the breach of the Agreement.

4.4. Vendor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Vendor and without its fault or negligence, such as: acts of God or the public enemy; acts of City in its contractual capacity; fires; floods; epidemics; quarantine restrictions;strikes; unusually severe weather; and delays of common carriers. Vendor shall notify City Manager in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to City Manager of the cessation of such occurrence.

5. Indemnification and Insurance.

5.1. Indemnification and Defense. Vendor shall indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers (“City 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 Vendor’s performance of its obligations under this agreement or out of the operations conducted by Vendor, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Vendor’s performance of this agreement, the Vendor shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.

5.2. Insurance. Vendor shall obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit C attached hereto and incorporated herein by this reference. All insurance policies shall be subject to City approval as to form and content. Vendor shall provide City with copies of required certificates of insurance upon request.

5.3 The provision will survive expiration or termination of this Agreement.

6. Conflict of Interest. Prior to City’s execution of this Agreement, Vendor shall complete a City of Madera Conflict of Interest Disclosure Statement. Said Statement is attached hereto as Exhibit D and incorporated herein by reference. During the term of this Agreement, Vendor shall have the obligation and duty to immediately notify City in writing of any change to the information provided by Vendor on Exhibit D.

6.1. Vendor shall not employ or retain the services of any person while such person either is employed by City or is a member of the City Council, any City commission, board, committee, orsimilar City body. Thisrequirement may be waived in writing by the City Manager if no actual or potential conflict is involved.

6.2. Vendor shall comply with all applicable laws, rules, regulations, and professional canons/requirements governing avoidance of impermissible client conflicts, including without limitation the requirements of the California Political Reform Act (Government Codes Section 87100 et seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et seq.).

6.3. Vendor represents and warrants that as of the effective date hereof, he/she/they represents no client whose interests are adverse to the City's.

6.4. This Section 6 shall survive expiration or termination of this Agreement.

7. Nondiscrimination. Vendor shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, color, creed, religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status, status as a disabled veteran or veteran of the Vietnam era, medical condition, or physical or mental disability. During the performance of this Agreement, Vendor will comply with all laws and regulations, as applicable. Specifically, no person in the United Statesshall, on the grounds of race, color, creed, religion,sex, sexual preference, national origin, ancestry, ethnicity, age, marital status, status as a disabled veteran or veteran of the Vietnam era, medical condition, or physical or mental disability be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement.

8. Invalid Provisions. The provisions of this Agreement are severable. In the event any term, covenant, condition or provision of the Agreement, or the application thereof to any person, entity, or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person, entity, or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated, provided that such invalidity, voiding or unenforceability of such covenant, condition or provision does not materially prejudice either party in its respective rights and obligations contained in the then remaining valid covenants, conditions or provisions of this Agreement.

9. Independent Contractor. Vendor is and throughout this Agreement shall be an independent contractor and not an employee, partner, or agent of the City. However, City shall retain the right to verify that Vendor is performing his respective obligations in accordance with the terms hereof.

9.1. Because of his status as an independent contractor, Vendor shall have absolutely no right to employment rights and benefits available to City employees. Vendor shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare, and retirement benefits. In addition, together with his other obligations under this Agreement, Vendor shall be solely responsible for all matters relating to employment and tax withholding for and payment of Vendor's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in City employment benefits, entitlements, programs and/or funds offered employees of City whether arising by reason of any common law, de facto, leased, or co- employee rights or other theory. It is acknowledged that during the term of this Agreement, Vendor may be providing services to others unrelated to City or to this Agreement.

10. Partnership/Joint Venture. This Agreement does not evidence a partnership or joint venture between Vendor and City. Unless specifically provided for herein, the Vendor shall have no authority to bind the City absent City’s express written consent. Except to the extent otherwise provided in this Agreement, Vendor shall bear his own costs/expenses in pursuit hereof.

11. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally or deposited into the United States mail, by registered or certified mail, return receipt requested with postage prepaid, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice.

11.1. Personalservice, as aforesaid, shall be deemed served and effective upon delivery thereof. Service by mail, as aforesaid, shall be deemed to be sufficiently served and effective as of 12:00:01 AM, on the fourth (4th) calendar day following date of deposit in the United States mail of such registered or certified mail, properly addressed and postage prepaid.

CITY: VENDOR:

City of Madera SNF Polydyne Inc.

Attn: Arnoldo Rodriguez Boyd Stanley, Sr. Vice President 205 W. 4th Street 1 Chemical Plant Road
Madera, CA 93637 Riceboro, GA 31323
Phone: 559-661-5400 Phone: (912) 884-3366
Email: [email protected] Email: [email protected]

12. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Vendor without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Vendor shall not assign the payment of any monies due Vendor from City under the terms of this Agreement to any other individual, corporation, or entity. City retains the right to pay any and all monies due Vendor directly to Vendor.

13. Non-Solicitation. Vendor represents and warrants that he has not paid or agreed to pay any compensation, contingent or otherwise, to solicit or procure this Agreement or any rights/benefits hereunder.

14. Compliance with Law. In providing the services required under this Agreement, Vendor shall at all times comply with all applicable laws of the United States, the State of California and City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.

15. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue for purposes of the filing of any case, controversy or proceeding regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Madera County, California.

16. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses in addition to any other relief to which such party may be entitled.

17. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement.

Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

18. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

19. General Provisions.

19.1. Once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives.

19.2. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify, or add to the interpretation or meaning of the provisions of this Agreement.

19.3. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.

19.4. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void.

19.5. The rights, interests, duties, and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.

20. Final Agreement. This Agreement and any documents, instruments and materials referenced and incorporated herein representsthe entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements between City and Vendor. This Agreement may be modified only by written instrument duly authorized and executed by both City and Vendor.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Vendor and the City.

CITY OF MADERA
a municipal corporation
By:

Cecelia K. Gallegos, Mayor
Date:

VENDOR
SNF Polydyne Inc.

By:

Boyd Stanley, Sr. Vice President
Date:

ATTEST:

Alicia Gonzales, City Clerk
By:

APPROVED AS TO FORM
By:

Shannon Chaffin, City Attorney
Date:

Exhibits:

Exhibit A – Scope of Services
Exhibit B – Schedule of Compensation
Exhibit C - Insurance Requirements
Exhibit D - Conflict of Interest Disclosure Form

EXHIBIT A

SCOPE OF SERVICES
 Supply centrifuge polymer in bulk delivery.
 Quantity: The quantity will vary depending on the City’s needs; however, as an estimate, the City currently averages approximately 600 gallons of centrifuge polymer per order, as needed.  Delivery time: Vendor shall deliver between the hours of 7:00 a.m. and 3:30 p.m. Monday through Friday, with no weekend delivery.
 Delivery location: All deliveries shall be made to the WWTP located at 13048 Road 21 ½, Madera, CA 93637.
 Offloading: Vendor shall be responsible for offloading the polymer at delivery location.  Monthly service call: Vendor’s sales representative shall provide a monthly service call to monitor polymer performance and maintain the efficiency confirmed in the trials.  Technical support: Vendor shall provide technical assistance to the City as needed and shall conduct an initial site visit to optimize the product feed rate when the product is put into service.

The City of Madera reserves the right to request Certificate of Analysis for any batch of centrifuge polymer delivered to the plant after the contract has been awarded.

EXHIBIT B

SCHEDULE OF COMPENSATION
Description Rate
Cost per pound of emulsion
polymer, plus applicable sales tax
Insert type: Clarifloc WE-304
$1.54/lb
Cost for delivery
Included

EXHIBIT C

INSURANCE REQUIREMENTS
A. Insurance Requirements.

Consultant shall maintain limits no less than:
 $2,000,000 General Liability (including operations, products and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01. General liability policiesshall be endorsed using ISO form CG 20 10 that the City and its officers, officials, employees, and agents shall be additional insureds under such policies.  $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, 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.  Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

Maintenance of Coverage
Consultant 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 Consultant, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.

Proof of Insurance
Consultant shall provide to the City 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 City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

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.

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Consultant, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

Enforcement of Contract Provisions (non estoppel)
Consultant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder.

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 Consultant maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Consultant.

Notice of Cancellation
Consultant agrees to oblige its insurance agent or broker and insurers to provide to the City 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.

Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City 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.

Timely Notice of Claims
Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance
Consultant 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.

EXHIBIT D

DISCLOSURE OF CONFLICT OF INTEREST
YES* NO
1 Are you currently in litigation with the City of Madera or any of its agents?
2 Do you represent any firm, organization or person who isin litigation with the City of Madera?
3 Do you currently represent or perform work for any clients who do business with the City of Madera?
4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Madera, or in a business which is in litigation with the City of Madera?
5 Are you or any of your principals, managers, or
professionals, related by blood or marriage to any City of Madera employee who has any significant role in the
subject matter of this service?
6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with
this Project?
* If the answer to any question is yes, please explain in full below.

Explanation:

Signature
(name)
(address)
(city state zip)
Additional page(s) attached.

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Appointment to the Airport Advisory Commission
RECOMMENDATION:

Adopt a resolution approving the appointment of Maurice Johnson to the Airport Advisory Commission
SUMMARY:

The Rules of Procedure of the City of Madera Airport Advisory Commission (AAC) state that the Commission shall consist of 7 members who shall be appointed in accordance with Section 2-

3.101 of the Madera Municipal Code. Each member of the City Council makes a nomination to be considered for appointment by the Mayor and the Mayor has one direct appointment.

Appointments are subject to approval of the City Council by resolution. City Councilmember Anita Evans has appointed Maurice Johnson to the Airport Advisory Commission. The requested action is to approve the appointment of Mr. Johnson.

DISCUSSION:

The AAC is a Council-appointed body established to serve in an advisory capacity to the City Council and staff on matters involving the Madera Municipal Airport (Airport). The AAC is tasked with reviewing the annual budget, recommending capital projects, reviewing and recommending Airport policies and operation procedures, and reviewing and recommending action regarding land use surrounding the Airport. The Airport Advisory Commission is composed of representatives appointed by each Councilmember and the Mayor, with each appointee serving a four-year term concurrent with the term of their appointing official and representing that official’s corresponding district.

The AAC Commissioner seat assigned to District 4 was previously held by Commissioner Stanley Mackey, however, was vacated earlier this year. Councilmember Anita Evans represents Council District 4 and is recommending the appointment of Maurice Johnson to fill this Commissioner vacancy. Mayor Gallegos has reviewed and concurs with this recommendation. As specified in Council Meeting of: November 19, 2025
Agenda Number: B-13
Return to Agenda
the Madera Municipal Code, Section 2-3.101, Commissioners shall serve a term of four years unless a different term is otherwise provided by law, or until the Council member who nominated such board, committee or commission member is no longer serving as a Council member, whichever period is less. In this case, Councilmember Evans’s appointed term concludes in December of 2028; therefore, her appointee’s term would conclude at the same time. Should the Councilmember be elected to fill her seat again, she may continue on with her appointment for an additional four-year term.

Mr. Johnson has been a resident of the City of Madera for over three years and holds an educational background from St. Mary’s College and University of Phoenix. As a licensed pilot who regularly operates out of the Madera Municipal Airport, he possesses firsthand knowledge and experience in airport operations required to be an effective member of the Commission.

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

Table 1: Airport Advisory Commission Appointments
Commissioner Nominating Councilmember City Council District Jerry Holiday Mayor Gallegos At-large Mayor
Patrick Civiello Councilmember Zacharia District 1
Issa Zacharia Mayor Pro Tem Rodriguez District 2
Vacant Councilmember Montes District 3
Maurice Johnson Councilwoman Evans District 4
Vacant Councilwoman Mejia District 5
Ramon Lopez-Maciel Councilmember Villegas District 6
At this time, the Staff is seeking approval from the City Council of the appointment of Maurice Johnson. Per the Municipal Code, this appointment will be for a term matching the appointing Councilmember, or until a replacement is appointed. The Municipal Code also provides that the resolution of appointment must receive at least four (4) affirmative votes to pass.

FINANCIAL IMPACT:

There is no anticipated financial impact as Commissioners serve on a volunteer basis and are not compensated for their service.

ALTERNATIVES:

Council may direct staff to seek additional applications to serve on the Commission.

ATTACHMENTS:

1. Resolution

2. Volunteer application for Maurice Johnson
Attachment 1: Resolution
Resolution No. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPOINTING MAURICE JOHNSON TO THE CITY OF MADERA

AIRPORT ADVISORY COMMISSION
WHEREAS, the City of Madera has established an Airport Advisory Commission (Commission) to serve in a volunteer capacity to fulfill the duties of the Commission as identified in the City of Madera Personnel Rules and Regulations and City of Madera Municipal Code; and WHEREAS, the Commission is comprised of seven citizens nominated by members of the City Council and appointed by the Mayor, subject to confirmation by the Council as a whole; and WHEREAS, Councilmember Anita Evans has appointed Maurice Johnson to the Commission for a term concluding December 31, 2028 or as otherwise provided in the Madera Municipal Code; and
WHEREAS, Maurice Johnson desires to serve on the Commission.

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. Maurice Johnson’s appointment to the Airport Advisory Commission for a term ending December 30, 2028, unless otherwise indicated by the Madera Municipal Code, is approved.

3. This resolution is effective immediately upon adoption. ********************
Attachment 2: Volunteer Application for Maurice Johnson

REPORT TO CITY COUNCIL
Approved by:

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

Certificate of Recognition Recognizing Pistoresi Ambulance RECOMMENDATION:

Adopt a Minute Order approving a Certificate of Recognition honoring Pistoresi Ambulance for its service to the Madera community
SUMMARY:

On August 2, 2023, the City Council adopted a policy governing the issuance of ceremonial documents, including certificates of recognition. The policy ensures a transparent and systematic process, requiring requests be submitted in writing at least 45 days prior to the requested presentation date.

In this context, Mayor Pro Tem Jose Rodriguez submitted a request on November 13, 2025, for a Certificate of Recognition recognizing Pistoresi ambulance for their decades of service to the community.

Pistoresi Ambulance has served the Madera community for more than 80 years, providing dedicated emergency medical services with professionalism, compassion, and a steadfast commitment to public safety. Their partnership has played a vital role in supporting residents during times of need and strengthening the City’s overall emergency response efforts. As Pistoresi Ambulance officially closes on November 15, the City wishes to formally recognize and express its sincere appreciation for the company’s longstanding service and enduring contributions to the health and well-being of the Madera community.

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

FINANCIAL IMPACT:

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

ALTERNATIVES:

If approved by a majority vote, staff will prepare the Certificate of Recognition for presentation at the December 3rd City Council meeting. In the alternative, Council may:
 Deferral for Further Discussion: Council may opt to defer the decision for further discussion, allowing additional time to address specific concerns or gather more information.
 Denial of Certificate of Recognition: If the majority vote is not in the affirmative or no action is taken, the request will be considered denied.

ATTACHMENTS:

None.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 19, 2025
Agenda Number: ___________
________________________________
Larry Pendarvis, Assistant Chief
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Purchase of Boise Mobile Equipment Type-6 Custom Fire Engine and Related Budget Amendment
RECOMMENDATION:

Adopt a Resolution Approving a Purchase Agreement for a Bosie Mobile Equipment (BME) Type 6 Fire Engine from Golden State Fire Apparatus under Houston-Galveston Area Council (H-GAC) Cooperative Purchase Contract #FS12-23; authorizing execution by City Manager; and approving an amendment to the 2025/26 adopted budget appropriating $461,480.25 for the purchase in the Measure K Fire Budget for the Purchase of Equipment SUMMARY:

The City owns and maintains a fleet of fire apparatus comprised of engines and trucks. Each responds as first out from one of the City’s three stations, while older engines are kept on reserve to be made available when one of the primary engines is out of service or for routine maintenance. Today, the City has a single Type-6 engine and staff is proposing that it be replaced with a new, similar type engine. The existing engine, Engine 656, is a 2006 Ford F-550 Type-6 apparatus and housed at Station 56. The City primarily uses it for vegetation fires, particularly along the Fresno River.

Wait times for the construction of a new engine are in excess of two years. If approved, it is anticipated that the new engine will be delivered in approximately 30 months.

DISCUSSION:

Staff researched the types and styles of engines exhaustively. Staff has reached out to various engine manufacturers and neighboring cities to find an engine that best serves the City's needs.

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While the current 2006 Type-6 engine has served the City well, it is showing signs of wear, and annual repair costs are increasing. E-656 has registered approximately 50,250 miles, and the problem is exacerbated by the fact that replacement parts are becoming increasingly difficult to locate.

While there are many engine types, their purpose differs. The National Fire Protection Association (NFPA) classifies engines by type and function. It is noted that, typically, according to NFPA Standards, the frontline service for an engine is 15 years. After 15 years, engines are often placed on reserve status for an additional 5 years, for approximately 20-year service life.

E-656 is 19 years old and serves as a frontline engine for vegetation fires in the City within Station 56's response area and surrounding areas. The new engine would replace it and also serve as a frontline engine. Existing E-656 engine would be moved into reserve status.

Table 1 summarizes the various engine types, in short, a Type 1 Fire Engine (e.g. E-56 and E-57) is a full-sized structural firefighting apparatus designed primarily for urban environments. It typically carries up to 500 gallons of water and is equipped with a full complement of ladders, hoses, and tools for structure fires and rescue operations.

A Type 1 Ladder Truck (also referred to as an aerial ladder or “truck company”; e.g. Truck 58) is designed for firefighting and rescue operations involving multistory or large commercial structures. It is equipped with an aerial ladder and specialized tools such as ventilation saws, forcible entry equipment, and ground ladders. Unlike a Type 1 engine, the ladder truck generally carries less water and focuses on providing access, ventilation, and rescue support.

In contrast, a Type 6 Fire Engine is a smaller, more maneuverable wildland or quick-attack unit built on a pickup-style chassis. It generally carries 150 to 300 gallons of water and includes limited hose and equipment. Type 6 engines are well-suited for vegetation fires, medical responses, and incidents in areas with restricted access where larger apparatuses cannot easily operate.

Table 1: Engine Types
Type Brief Description
1 ▪ Most common fire truck in use today
▪ Typically responds to structural fires
▪ Usually transports up to 4 firefighters
2 ▪ More common in rural areas
▪ May be used for structural fires, but also grass fires ▪ Usually transports up to 3-4 firefighters
3 ▪ Wildland engine
▪ Has the ability to drive in rough terrain
▪ Common in rural areas
4 ▪ Wildland engine
▪ Similar to Type 3, but a smaller pump and less hose
5, 6, 7 ▪ Typically pick-up truck-based with 4-wheel drive ▪ Used heavily in vegetation fires due to its off-road abilities Based on the age and use of E-656, the engine has become less reliable, and annual operating costs are increasing. As such, the likelihood of potential breakdowns or start failures increases.

Such issues could affect response times, which in turn could impact the City’s Insurance Services Office (ISO) score. In anticipation of replacing the Type-6 engine, the Fire Department created an apparatus committee in November 2024 to research the various types of engines.

The committee consisted of individuals of different firefighter ranks, knowledge, and expertise.

The committee was tasked with conducting its own independent research and reporting its findings. The committee's recommendation culminates a year of research, and the result will be an apparatus tailored to the City's needs. The committee met on numerous occasions to discuss features, technology, specifications, warranty, and service. Based on this research, the committee is recommending a Boise Mobile Fire Equipment (BME) Custom Type-6 Fire Apparatus.

Equipment Overview
The following tables highlight the City’s existing and proposed fleet by station. Frontline engines are identified by the station number, whereas reserves are reassigned a number in the 200s.

Engine 656 is a Type 6 engine, hence the 600 number.

Table 2: Existing Equipment by Station
Station Equipment Type Model Year Status
56 Engine 56 1 2016 Frontline
Engine 656a 6 2006 Frontline
Utility Terrain Vehicle (river access) N/A 2023 Frontline 57 Engine 57 1 2023 Frontline
Engine 257 1 2008 Reserve
58 Ladder Truck 58 1 2018 Frontline
Engine 58 1 2002 Reserve
a Subject of this report. If approved, this engine would be replaced.

Table 3: Proposed Equipment by Station
Station Equipment Type Model Year Status
56 Engine 56 1 2016 Frontline
New Engine 656a 6 2026 Frontline
Utility Terrain Vehicle (river access) N/A 2023 Frontline 57 Engine 57 1 2023 Frontline
Engine 257 (former Engine 57) 1 2008 Reserve
58 Ladder Truck 58 1 2018 Frontline
Engine 58 1 2002 Reserve
Engine 658 (existing E-656 would
become a reserve engine)
6 2006 Reserve
a Subject of this report. If approved, this engine would be purchased.

In addition to City use, engines are often used to provide mutual aid throughout the State.

When resources are sent on Statewide mutual aid assignments, the City is reimbursed for the costs of staff and for the use of vehicles. As the fleet ages, it becomes more challenging to dispatch engines on mutual aid assignments.

Vendor Selection Process
The purchase may be made without the City soliciting formal bids because the basic specifications and corresponding purchase price have already been formally and competitively bid under a cooperative purchasing contract through the Houston-Galveston Area Council (HGAC), which allows local governments and non-profits nationwide to purchase goods and services through pre-negotiated contracts.

Status of Engine-656
Upon receipt, the City would place the current E-656 into reserve status at Station 58, where it would be designated Engine 658. This would allow personnel at Station 58 to cross-staff on E658 and respond to wildland fires, as E-658 is better suited for off-road conditions and carries more water than Truck 58. This approach will also help minimize wear and tear on Truck 58, as repairs and replacement parts for the ladder truck are generally more costly.

FINANCIAL IMPACT:

In an effort to plan for vehicle replacement costs, the City established a Motor Vehicle Replacement Fund that accumulates annual contributions based on a vehicle's set replacement value and estimated useful life. At the time, fire engines were not included in the program. As a result, staff created a Fire Equipment Replacement Program (FERP) in Fiscal Year 2019/20 using Measure K revenue. In creating the FERP, the following assumptions were made:
▪ Frontline engines have an expected service life of 15 years ▪ The City has 3 fire stations; thus, the City would need to purchase a new fire engine every 5 years
▪ Type-6 Engines, fully equipped, cost approximately $550K ▪ $490k from Measure K would be assigned annually; up from the original allocation of $200k
Similar to most financial assumptions, a recalibration may be necessary in the future due to changes in market conditions or increases in equipment costs. The City implemented such a recalibration in FY 2022/23 in response to rising fire engine costs, ensuring that budget projections remained aligned with actual expenditures.

Table 4: Annual budget allocations to the FERP (source: Measure K) Fiscal Year (FY) $ allocation per FY Total
2018/19a, 2019/20, 2020/21, 2021/22 $200,000 $800,000
2022/23, 2023/24, 2024/25, 2025/26 $490,000 $1,960,000
Total: - $2,760,000
a Funds were not originally allocated during the 2018/19 budget process.

Rather, the City retroactively assigned unexpected additional revenue from Measure K in FY 2018/19
Over the past several years, the City has invested in equipment to enhance the Fire Department’s operational capacity and proactively reduce the likelihood of fires starting within the community. These funds have been used not only for direct fire department equipment, such as apparatus and protective gear, but also for heavy equipment that enables the City to reduce fire fuel loads, including the removal of dry brush and overgrown vegetation along the Fresno River.

Fortunately, the City has been able to allocate funds for eight fiscal years, including the retroactive year, which has allowed for the purchase of both new and replacement equipment. These ongoing investments have improved emergency response capabilities and significantly reduced the severity and frequency of fires, particularly along the Fresno River.

Table 5 summarizes equipment acquisitions.

Table 5: Equipment acquisitions under the FERP
Year Equipment Purchased Purchase total
FY 2019/20 Utility Terrain Vehicle 1 $20,545
FY 2021/22 Type 1; Engine 57 $751,460
FY 2022/23 Equipment for Engine 57 206,544
FY 2023/24 Utility Terrain Vehicle 2 $23,704
FY 2023/24 Tractor with boom for Safe & Clean Team $150,182 FY 2024/25 Skid steer with masticator for Safe & Clean $113,533 FY 2023/24 Flail mower for Safe & Clean Team $13,977
Total $1,279,945
aAll figures rounded to the nearest dollar.

The City has approximately $1.4M in the FERP, including the $490K for the current fiscal year.

The base price of the Type-6 engine is $461,480.25. The dealer offers a pre-payment option.

If exercised, the price under the pre-payment option would be $439,938.50. The prepayment price is $21,541.75 lower than the base price. However, staff has calculated that the City will lose approximately $38,500 of interest income during the 30-month construction period of the vehicle if the pre-payment is made. Given the loss of interest income, staff is recommending that the base price option be selected.

Table 5: Cost for new enginea
Base Price If pre-paid Equipment b
$461,480 $439,938 ±$100k
a Figures are rounded to the nearest dollar
b Not part of this request, rather a future item will
be brought before Council for consideration.

While costly, citizens can rest assured that the staff does not take this purchase casually.

Rather, staff has taken necessary steps to obtain the most precise and accurate information to purchase the best product available. The initial Type-6 engine is one of the essential tools that the City employs for vegetation fires. With the increase of vegetation fires in recent years within the City and the Fresno River, the Type-6 engine is paramount to keeping these fires from spreading. Above all, this apparatus will ensure lasting service to serve and safeguard the citizens and properties the City is charged with protecting.

ALTERNATIVES:

As an alternative, Council may:

1. Request additional information on the cost, engine type, etc.

2. Defer making the purchase.

3. Deny the request.

ATTACHMENTS:

1. Resolution

2. Photo of the City’s existing Engine 656

3. Photo of the model proposed for purchase per this report Attachment 1: Resolution, including Purchase Agreement
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING A PURCHASE AGREEMENT FOR A BOISE MOBILE
EQUIPMENT (BME) TYPE 6 FIRE ENGINE A HOUSTON-GALVESTON AREA COUNCIL (H-GAC) PURCHASE CONTRACT #FS12-23; AUTHORIZING EXECUTION BY CITY MANAGER; AND AMENDING THE 2025/26 ADOPTED BUDGET APPROPRIATING $461,480.25 FOR THE PURCHASE IN THE

MEASURE K FIRE BUDGET FOR THE PURCHASE OF EQUIPMENT
WHEREAS, the City has determined that it is prudent to purchase a new type 6 fire engine to replace Engine 656, a 2006 Ford 550 that is 19 years old; and WHEREAS, the purchase of a new type 6 engine will help ensure lasting service to serve and safeguard the citizens, visitors, and properties the City is charged with protecting; and WHEREAS, staff conducted exhaustive research to ensure that the new type 6 engine meets the needs of the community and that staff have taken all necessary steps to obtain the most precise and accurate information to purchase the best product available; and WHEREAS, staff has identified a Boise Mobile Equipment Fire Apparatus as the best option; and
WHEREAS, the purchase can be made without the City soliciting formal bids because the basic specifications and corresponding purchase price have already been formally and competitively bid under a cooperative purchasing contract through Houston-Galveston Area Council (H-GAC). The cooperative agreement allows the City to purchase the engine without independently negotiating new terms; and
WHEREAS, the City created a Fire Engine Replacement Fund using Measure K revenue in Fiscal Year 2019/20; and
WHEREAS, the City Council previously adopted a City-wide budget for the 2025/26 fiscal year; and
WHEREAS, the City has determined that it is prudent to purchase a Type 6 engine at a cost of $461,480.25; and
WHEREAS, an adequate fund balance is available in the Fire Engine Replacement Fund to allow for said increase of appropriations.

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. A Purchase Agreement consistent with Houston-Galveston Area Council (H-GAC) Purchase Contract #FS12-23, attached as Exhibit A, for a Boise Mobile Equipment Type 6 Fire Engine in the amount of $461,480.25 is approved as to its material terms. The City Manager is authorized to make any non-material changes necessary to effectuate the contract, subject to approval as to legal form by the City Attorney.

3. The budget of the affected Measure K Fire Fund is hereby amended to include the appropriate changes shown in Exhibit B to this resolution which is incorporated by reference.

4. A signed copy of this resolution shall be placed on file in the Office of the Director of Finance who shall prepare entries necessary to reflect budget changes identified in the City's accounting system.

5. This resolution is effective immediately upon adoption. * * *
Exhibit A: Purchase Agreement
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - BME Fire Trucks, LLC - Public Services - ID: 11635 - - FS12-23

MASTER GENERAL PROVISIONS
This Master Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and BME Fire Trucks, LLC, hereinafter referred to as the Contractor, having its principal place of business at 4600 S. Apple Street, Boise, ID 83716.

WITNESSETH:

WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Master Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Master Agreement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:

ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Master Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Master Agreement and bind the Contractor to the terms of this Master Agreement and any subsequent amendments hereto.

ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Master Agreement in accordance with all federal laws, executive orders, policies, procedures, applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Master Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.

ARTICLE 3: PUBLIC INFORMATION
Except as stated below, all materials submitted to H-GAC, including any attachments, appendices, or other information submitted as a part of a submission or Master Agreement, are considered public information, and become the property of H-GAC upon submission and may be reprinted, published, or distributed in any manner by H-GAC according to open records laws, requirements of the US Department of Labor and the State of Texas, and H-GAC policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the Texas Public Information Act, it shall so; however, the determination of the Texas Attorney General as to whether such information must be disclosed upon a public request shall be binding on the Contractor. H-GAC will request such a determination only if Contractor bears all costs for preparation of the submission. H-GAC is not responsible for the return of creative examples of work submitted. H-GAC will not be held accountable if material from submissions is obtained without the written consent of the contractor by parties other than H-GAC, at any time during the evaluation process.

ARTICLE 4: INDEPENDENT CONTRACTOR
The execution of this Master Agreement and the rendering of services prescribed by this Master Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Master Agreement or act of HGAC in performance of the Master Agreement shall be construed as making the Contractor the agent, servant, or employee of H-GAC, the State of Texas, or the United States Government. Employees of the Contractor are DocuSign Envelope ID: 0A63A143-0C75-4C05-AAD2-90059CD17D51

subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.

ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR
Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade.

ARTICLE 6: SUSPENSION AND DEBARMENT
Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to the Federal Rule above, Respondent certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas and at all times during the term of the Contract neither it nor its principals will be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas Respondent shall immediately provide the written notice to H-GAC if at any time the Respondent learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. H-GAC may rely upon a certification of the Respondent that the Respondent is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the H-GAC knows the certification is erroneous.

ARTICLE 7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let) H-GAC’s goal is to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible in providing services under a contract. In accordance with federal procurements requirements of 2 CFR §200.321, if subcontracts are to be let, the prime contractor must take the affirmative steps listed below:

1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

2. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises;

5. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

6. Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or unavailable. The Small Business Administration (SBA) is the primary reference and database for information on requirements related to Federal Subcontracting https://www.sba.gov/federal-contracting/contracting-guide/primesubcontracting NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises such as: Small Disadvantaged Business (SDB), Historically Underutilized Business (HUB), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) or other designation as issued by a certifying agency.

Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as may be required by any rules, processes, or programs they might have in place. Assistance may include compliance with reporting requirements, provision of documentation, consideration of Certified/Listed subcontractors, provision of documented evidence that an active participatory role for a DBE entity was DocuSign Envelope ID: 0A63A143-0C75-4C05-AAD2-90059CD17D51

considered in a procurement transaction, etc.

ARTICLE 8: SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in an Attachment to this Master Agreement.

ARTICLE 9: PERFORMANCE PERIOD
This Master Agreement shall be performed during the period which begins Dec 01 2023 and ends Nov 30 2027.

All services under this Master Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 21, which shall be fully executed by both parties to this Master Agreement.

ARTICLE 10: PAYMENT OR FUNDING
Payment provisions under this Master Agreement are outlined in the Special Provisions. H-GAC will not pay for any expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of the contract.

ARTICLE 11: PAYMENT FOR WORK
The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the goods or completion of the services and submission of the subsequent invoice.

ARTICLE 12: PAYMENT TERMS/PRE-PAYMENT/QUANTITY DISCOUNTS If discounts for accelerated payment, pre-payment, progress payment, or quantity discounts are offered, they must be clearly indicated in the Contractor’s submission prior to contract award. The applicability or acceptance of these terms is at the discretion of the Customer.

ARTICLE 13: REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Master Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this Master Agreement with notice as identified in Article 29 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this Master Agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Master Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Master Agreement.

ARTICLE 14: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this Master Agreement as outlined and defined in the attached Special Provisions.

ARTICLE 15: SUBCONTRACTS AND ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to assign, transfer, convey, sublet, or otherwise dispose of this Master Agreement or any right, title, obligation, or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Master Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations.

ARTICLE 16: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Master Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be DocuSign Envelope ID: 0A63A143-0C75-4C05-AAD2-90059CD17D51

conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to HGAC.

ARTICLE 17: TAX EXEMPT STATUS
H-GAC and Customer members are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales, excise or use taxes. Respondent must not include taxes in its Response. It is the responsibility of Contractor to determine the applicability of any taxes to an order and act accordingly.

Exemption certificates will be provided upon request.

ARTICLE 18: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Master Agreement. HGAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized representatives of its own or any public accounting firm selected by H-GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Master Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges.

Contractor agrees that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H-GAC. The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party Master Agreements.

ARTICLE 19: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Master Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved.

If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved.

ARTICLE 20: DISTRIBUTORS, VENDORS, RESELLERS
Contractor agrees and acknowledges that any such designations of distributors, vendors, resellers or the like are for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all obligations under the Contract and the performance of any designated distributor, vendor, reseller, etc. Contractor is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and forwarding of the Purchase Order to the designated distributor, vendor, reseller, etc. to complete the sale or service.

H-GAC reserves the right to reject any entity acting on the Contractor’s behalf or refuse to add entities after a contract is awarded.

ARTICLE 21: CHANGE ORDERS AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Master Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation.

DocuSign Envelope ID: 0A63A143-0C75-4C05-AAD2-90059CD17D51

B. To ensure the legal and effective performance of this Master Agreement, both parties agree that any amendment that affects the performance under this Master Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Master Agreement and shall be binding upon the parties as if written herein.

C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the purposes of clarification or inclusion of additional specifications, qualifications, conditions, etc. The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and acknowledged by, H-GAC.

ARTICLE 22: CONTRACT ITEM CHANGES
A. If a manufacturer discontinues a contracted item, that item will automatically be considered deleted from the contract with no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.

B. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contractor must advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion.

If the change is rejected, H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H- GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.

C. If a manufacturer makes any change in a contracted item which does not affect the contract price, Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. If the change is rejected H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any other action deemed by H-GAC at its sole discretion, to be in the best interests of its Customers.

D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing will be automatically incorporated into the contract. However, Contractor must still provide written notice and an explanation of the changes to products and pricing. H-GAC will respond with written approval.

ARTICLE 23: CONTRACT PRICE ADJUSTMENTS
Price Decreases
If Contractor’s Direct Cost decreases at any time during the full term of this award, Contractor must immediately pass the decrease on to H-GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost means Contractor’s cost from the manufacturer of any item or if Contractor is the manufacturer, the cost of raw materials required to manufacture the item, plus costs of transportation from manufacturer to Contractor and Contractor to H-GAC. Contractor must notify H-GAC of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon H-GAC’s receipt of Contractor’s notice. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor accept amended contract pricing equivalent to the routinely discounted pricing.

Price Increase
Contractors may request a price increase for items priced as Base Bid items and Published Options. The amount of any increase will not exceed actual documented increase in Contractor’s Direct Cost and will not exceed 10% of DocuSign Envelope ID: 0A63A143-0C75-4C05-AAD2-90059CD17D51

the previous bid price. Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges or other governmental actions, or other economic factors. Manufacturer price/contract changes involving the sale of motor vehicles will be considered and may be allowed during the entire contract period subject to submission and verification of the proper documentation required for a contract change as referenced in this section.

Price Changes
Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a price change. Temporary increases in pricing by whatever name (e.g., ‘surcharge’, ‘adjustment’, ‘equalization charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes.

For published catalogs and price sheets as part of an H-GAC contract, requests to amend the contract to reflect any new published catalog or price sheet must be submitted whenever the manufacturer publishes a new document.

The request must include the new catalog or price sheet. All Products shall, at time of sale, be equipped as required under any then current applicable local, state, and federal government requirements. If, during any contract, changes are made to any government requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the extent of Contractor’s actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale are the responsibility of the Customer.

Requesting Price Increase/Required Documentation
Contractor must submit a written overview of changes requested and reasons for the request, stating the amount of the increase, along with an itemized list of any increased prices, showing the Contractor’s current price, revised price, the actual dollar difference and the percentage of the price increase by line item. Price change requests must be supported with substantive documentation (e.g., notices from suppliers and manufacturers of pricing changes in products, components, transportation, raw materials or commodities, and/or product availability, copies of invoices from suppliers, etc.) clearly showing that Contractor's actual costs have increased per the applicable line-item bid.

The Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and updating of the website. The letter and documentation must be sent to Lead Program Coordinator, [email protected].

Review/Approval of Requests
If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H-GAC does not approve Contractor’s price increase, Contractor may terminate its performance upon sixty (60) days advance written notice to H-GAC, however Contractor must fulfill any outstanding Purchase Orders. Termination of performance is Contractor’s only remedy if H-GAC does not approve the price increase. H-GAC reserves the right to accept or reject any price change request.

ARTICLE 24: DELIVERIES AND SHIPPING TERMS
The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order acknowledged by H-GAC. Delivery made without such Purchase Order will be at Contractor’s risk and will leave H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver any item within five (5) working days, or as agreed to on any corresponding customer Purchase Order.

Shipping must be Freight On Board Destination to the delivery location designated on the Customer purchase order. The Contractor will retain title and control of all goods until delivery is completed and the Customer has accepted the delivery. All risk of transportation and all related charges are the responsibility of the Contractor. The Customer will notify the Contractor and H-GAC promptly of any damaged goods and will assist the Contractor in arranging for inspection. The Contractor must file all claims for visible or concealed damage. Unless otherwise stated in the Master Agreement, deliveries must consist only of new and unused merchandise.

ARTICLE 25: RESTOCKING (EXCHANGES AND RETURNS)
There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms of any award. If the Customer wishes to return items purchased under an awarded contract, the Contractor agrees DocuSign Envelope ID: 0A63A143-0C75-4C05-AAD2-90059CD17D51

to exchange, these items for other items, with no additional charge incurred. Items must be returned to Contractor within thirty (30) days from date of delivery. If there is a difference in price in the items exchanged, the Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or refund for any decrease in price per Customer’s preference. On items returned, a credit or cash refund will be issued by the Contractor to Customer. This return and exchange option will extend for thirty (30) days following the expiration of the term of the Contract. All items returned by the Customer must be unused and in the same merchantable condition as when received. Items that are special ordered may be returned only upon approval of the Contractor.

ARTICLE 26: MANUALS
Each product delivered under contract to any Customer must be delivered with at least one (1) copy of a safety and operating manual and any other technical or maintenance manual. The cost of the manual(s) must be included in the price for the Product offered.

ARTICLE 27: OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS H-GAC does NOT purchase the products sold pursuant to a Solicitation or Master Agreement. Contractor is responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall Notices, and customer surveys, are sent directly to the Customer with a copy sent to H-GAC.

Customer will have the option of accepting any equivalent product or canceling the item from Customer’s Purchase Order. Contractor is not authorized to make substitutions without prior approval.

ARTICLE 28: WARRANTIES, SALES, AND SERVICE
Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the Master Agreement; any warranties offered by a dealer will be in addition to the manufacturer’s standard warranty and will not be a substitute for such. Pricing for any product must be inclusive of the standard warranty.

Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims, Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.

ARTICLE 29: TERMINATION PROCEDURES
The Contractor acknowledges that this Master Agreement may be terminated for Convenience or Default.

H-GAC will not pay for any expenses incurred after the termination date of the contract.

A. Convenience
H-GAC may terminate this Master Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H-GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination.

The Contractor may cancel or terminate this Master Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC.

B. Default
H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Master Agreement, in any one of the following circumstances:
(1) If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this Master Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Master Agreements that completion of services herein specified within the Master Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period of ten (10) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC.

DocuSign Envelope ID: 0A63A143-0C75-4C05-AAD2-90059CD17D51

(3) In the event of such termination, Contractor will notify H-GAC of any outstanding Purchase Orders and H-GAC will consult with the End User and notify the Contractor to what extent the End User wishes the Contractor to complete the Purchase Order. If Contractor is unable to do so, Contractor may be subject to a claim for damages from H-GAC and/or the End User.

ARTICLE 30: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Master Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Master Agreement, which shall continue in full force and effect.

ARTICLE 31: FORCE MAJEURE
To the extent that either party to this Master Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC.

ARTICLE 32: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or Contractors subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Master Agreement, shall participate in any decision relating to this Master Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Master Agreement.

A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires contractors contracting or seeking to contract with H-GAC to file a conflict-of-interest questionnaire (CIQ) if they have an employment or other business relationship with an H-GAC officer or an officer’s close family member.

The required questionnaire and instructions are located on the H-GAC website or at the Texas Ethics Commission website https://www.ethics.state.tx.us/forms/CIQ.pdf. H-GAC officers include its Board of Directors and Executive Director, who are listed on this website. Respondent must complete and file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office or an officer’s close family member as defined in the law exists.

B. Certificate of Interested Parties Form – Form 1295: As required by Section 2252.908 of the Texas Government Code. H-GAC will not enter a Contract with Contractor unless (i) the Contractor submits a disclosure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or (ii) the Contractor is exempt from such requirement. The required form and instructions are located at the Texas Ethics Commission website https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H-GAC.

ARTICLE 33: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. With regards to “Rights to Inventions Made Under a Contract or Master Agreement,” If the Federal award meets the definition of “funding Master Agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding Master Agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Master Agreements,” and any implementing regulations issued by the awarding agency. Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II.

Additionally, for work to be performed under the Master Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) DocuSign Envelope ID: 0A63A143-0C75-4C05-AAD2-90059CD17D51

Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Master Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Master Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- 332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163).

ARTICLE 34: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (EFFECTIVE AUG. 13, 2020 AND AS AMENDED OCTOBER 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Respondent must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that offerors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items.

ARTICLE 35: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, when using federal grant award funds H-GAC should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). H-GAC must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, then it shall work with H-GAC to provide all required certifications and other documentation needed to show compliance.

ARTICLE 36: CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees to perform the Master Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency.

The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity DocuSign Envelope ID: 0A63A143-0C75-4C05-AAD2-90059CD17D51

through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Master Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act.

The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation, and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents.

The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Master Agreement or which would adversely affect the Contractor’s ability to perform services under this Master Agreement.

ARTICLE 37: INDEMNIFICATION AND RECOVERY
H-GAC’s liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits, or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Master Agreement. Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Master Agreement.

ARTICLE 38: LIMITATION OF CONTRACTOR’S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Master Agreement.

ARTICLE 39: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Master Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Master Agreement.

ARTICLE 40: JOINT WORK PRODUCT
This Master Agreement is the joint work product of H-GAC and the Contractor. This Master Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party.

ARTICLE 41: PROCUREMENT OF RECOVERED MATERIAL
H-GAC and the Respondent must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), Respondent DocuSign Envelope ID: 0A63A143-0C75-4C05-AAD2-90059CD17D51

certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Contract will be at least the amount required by the applicable contract specifications or other contractual requirements.

ARTICLE 42: COPELAND “ANTI-KICKBACK” ACT
Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into the contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate agency instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

ARTICLE 43: DISCRIMINATION
Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination.

These include, but are not limited to:
a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin;
b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex;
c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps;
d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age;
e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;
f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and
j) The requirements of any other nondiscrimination statute(s) that may apply to the application.

ARTICLE 44: DRUG FREE WORKPLACE
Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable.

For the purposes of this Section, “drug-free” means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. H-GAC may request a copy of this policy.

DocuSign Envelope ID: 0A63A143-0C75-4C05-AAD2-90059CD17D51

ARTICLE 45: APPLICABILITY TO SUBCONTRACTORS
Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Master Agreement will be bound by the foregoing terms and conditions.

ARTICLE 46: WARRANTY AND COPYRIGHT
Submissions must include all warranty information, including items covered, items excluded, duration, and renewability. Submissions must include proof of licensing if using third party code for programming.

ARTICLE 47: DATA HANDLING AND SECURITY
It will always be the responsibility of the selected Contractor to manage data transfer and to secure all data appropriately during the project to prevent unauthorized access to all data, products, and deliverables.

ARTICLE 48: DISPUTES
All disputes concerning questions of fact or of law arising under this Master Agreement, which are not addressed within the Whole Master Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Master Agreement and in accordance with H-GAC's final decision.

ARTICLE 49: CHOICE OF LAW: VENUE
This Master Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Master Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.

ARTICLE 50: ORDER OF PRIORITY
In the case of any conflict between or within this Master Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and 4) Other Attachments.

ARTICLE 51: WHOLE MASTER AGREEMENT
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. If this Master Agreement has not been signed by the Contractor within 30 calendar days, this Master Agreement will be automatically voided. The Master General Provisions, Master Special Provisions, and Attachments, as provided herein, constitute the complete Master Agreement between the parties hereto, and supersede any and all oral and written Master Agreements between the parties relating to matters herein. Except as otherwise provided herein, this Master Agreement cannot be modified without written consent of the parties.

ARTICLE 52: UNIVERSAL IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT (SAM) In accordance with 2 CFR Title 2, Subtitle A, Chapter I, Part 25 as it applies to a Federal awarding agency's grants, cooperative agreements, loans, and other types of Federal financial assistance as defined in 2 CFR 25.406.

Contractor understands and as it relates to 2 CFR 25.205(a), a Federal awarding agency may not make a Federal award or financial modification to an existing Federal award to an applicant or recipient until the entity has complied with the requirements described in 2 CFR 25.200 to provide a valid unique entity identifier and maintain an active SAM registration (www.SAM.gov) with current information (other than any requirement that is not applicable because the entity is exempted under § 25.110). 2 CFR 25.200(b) requires that registration in the SAM prior to submitting an application or plan; and maintain an active SAM registration with current information, including information on a recipient's immediate and highest level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or grant within the last three years, if applicable, at all DocuSign Envelope ID: 0A63A143-0C75-4C05-AAD2-90059CD17D51

times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency; and provide its unique entity identifier in each application or plan it submits to the Federal awarding agency. To remain registered in the SAM database after the initial registration, the applicant is required to review and update its information in the SAM database on an annual basis from the date of initial registration or subsequent updates to ensure it is current, accurate and complete. At the time a Federal awarding agency is ready to make a Federal award, if the intended recipient has not complied with an applicable requirement to provide a unique entity identifier or maintain an active SAM registration with current information, the Federal awarding agency: (1) May determine that the applicant is not qualified to receive a Federal award; and (2) May use that determination as a basis for making a Federal award to another applicant.

ARTICLE 53: PROCUREMENT OF RECOVERED MATERIALS
In accordance with 2 CFR 200.323, the Houston-Galveston Area Council and the Contractor or Subrecipient must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), the Contractor or Subrecipient certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Agreement will be at least the amount required by the applicable contract specifications or other contractual requirements.

SIGNATURES:

H-GAC and the Contractor have read, agreed, and executed the whole Master Agreement as of the date first written above, as accepted by:

BME Fire Trucks, LLC
Signature $docusign:SignHere::Customer1
Name Matt Stocker
Title Sales Manager
Date $docusign:DateSigned::Customer1
H-GAC
Signature $docusign:SignHere::InternalSigner
Name Chuck Wemple
Title Executive Director
Date $docusign:DateSigned::InternalSigner
DocuSign Envelope ID: 0A63A143-0C75-4C05-AAD2-90059CD17D51 12/11/2023 12/12/2023
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - BME Fire Trucks, LLC - Public Services - ID: 11635

MASTER SPECIAL PROVISIONS
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed.

Incorporated by attachment, as part of the whole Master Agreement, H-GAC and the Contractor do, hereby agree to the Master Special Provisions as follows:

ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Master Agreement, the following documents listed in order of priority are incorporated into the Master Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal.

ARTICLE 2: END USER MASTER AGREEMENTS (“EUA”)
H-GAC acknowledges that the END USER, which is the HGACBuy customer utilizing the contract (CUSTOMER and END USER may be used interchangeably) may choose to enter into an End User Master Agreement (EUA) with the Contractor through this Master Agreement. A CUSTOMER/END USER is a state agency, county, municipality, special district, or other political subdivision of a state, or a qualifying non-profit corporation (providing one or more governmental function or service that possess legal authority to enter into the Contract. The term of the EUA may exceed the term of the current H-GAC Master Agreement.

H-GAC’s acknowledgement is not an endorsement or approval of the End User Master Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the CUSTOMER/END USER, any terms or conditions that conflict with those in Contractor’s Master Agreement with H-GAC. Contractor affirms that termination of its Master Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration.

Pursuant to the terms of this Master Agreement, termination of this Master Agreement will disallow the Contractor from entering into any new EUA with CUSTOMER/END USER. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Master Agreement between H-GAC and Contractor.

ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Master Agreement, Contractor develops a regularly followed standard procedure of entering into Master Agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Master Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past Master Agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its CUSTOMER/END USER as provided in its most favorable past Master Agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Master Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid DocuSign Envelope ID: 0A63A143-0C75-4C05-AAD2-90059CD17D51

offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Master Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored Master Agreement, to provide the same prices, warranties, benefits, or terms to H-GAC and the CUSTOMER/END USER.

EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, proposer, or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies.

ARTICLE 4: PARTY LIABILITY
Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.

Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.

Contractor accepts liability to repay, and shall repay upon demand to CUSTOMER/END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Master Agreement.

ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the CUSTOMER/END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.

ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to CUSTOMER/END USER based on the pricing and terms of this Master Agreement. H-GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of a CUSTOMER/END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent CUSTOMER/END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of a CUSTOMER/END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Master Agreement, including sales to entities without Interlocal Master Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal Master Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Master Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC.

In no event shall H-GAC have any liability to Contractor for any goods or services a CUSTOMER/END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Master Agreement actually performed, and for which compensation was received by Contractor.

ARTICLE 7: LIQUIDATED DAMAGES
Contractor and H-GAC agree that Contractor shall cooperate with the CUSTOMER/END USER at the time a CUSTOMER/END USER purchase order is placed, to determine terms for any liquidated damages.

ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums:

DocuSign Envelope ID: 0A63A143-0C75-4C05-AAD2-90059CD17D51