reflects the intention to address public space improvements without negatively impacting vulnerable populations.
g. Transparent and Efficient Grant Allocation: The program requires the program to issue a call for projects and announce grant awards. The guidelines for allocating grants must include project selection criteria and program evaluation metrics.
5. WHEREAS, the purpose of this RGA is to authorize Caltrans districts to enter into agreements with local agencies to support the development, implementation, and funding of local agencies partnership projects that align with the goals and priorities of the Clean CA Program and comply with California Streets and Highways Code Section 91.41;
6. WHEREAS, this RGA establishes a framework for Caltrans districts to provide financial contributions and other assistance to local agencies, fostering effective collaboration and coordination to deliver successful transit partnership projects;
7. WHEREAS, this RGA emphasizes transparency, objective evaluation, and fair allocation of resources, ensuring that projects scoring higher based on established criteria receive prioritization for funding and implementation;
8. WHEREAS, the Clean CA Program facilitates collaboration between Caltrans districts and local agencies to support litter abatement and public space beautification efforts on locally owned public right-of-way while creating workforce development opportunities for individuals facing barriers to employment that align with the goals and priorities of the Clean CA Program and comply with California Streets and Highways Code Section 91.41;
9. WHEREAS, the Clean CA Program, in partnership with Caltrans districts, seeks to enhance local right-of-way areas to address waste management challenges, graffiti mitigation, and public space beautification, thereby contributing to create cleaner, safer, and more equitable public spaces throughout California;
10. WHEREAS, the Clean CA Program, established by the State of California, is a transformative initiative which promotes sustainable transportation alternatives, reducing greenhouse gas emissions, and combatting climate change to improve the overall quality of life for residents and visitors of California;
11. WHEREAS, the Clean CA Program envisions a comprehensive approach to address transportation challenges, enhance transit infrastructure, and support local agencies in their efforts to create efficient, safe, and environmentally friendly transit options;
12. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the Parties enter into this RGA to advance the purpose and intent of the Clean CA transit initiative, harnessing the legislative authority provided under California Streets and Highways Code Section 91.41, and collaborating on transit partnership projects that contribute to a sustainable, innovative, and well-connected transportation network throughout the State of California.
Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows:
Section I
AGENCY Agrees:
To timely and satisfactorily complete all Project work described in Attachment III (“Project Work”) within the project budget and in accordance with the items of this RGA.
City of Madera
Agreement Number 06-CCEP-05
AMS ADV ID: 0626000193
Project No.:CCEP-5157(143)
Section ll
CALTRANS Agrees:
That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations.
Section lII
It Is Mutually Agreed:
1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41 The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Program in CALTRANS’ budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Program.
2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment III), and the Grant Program Guidelines (Attachment I), and the funds may only be used for costs and expenses that are directly related to such purpose.
3. AGENCY shall perform all the duties and obligations described in City of Madera Keep Our City Clean hereinafter “Project”, subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment III.
4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV.
5. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment I).
California Government Code Section 14460(a)(1) provides: “The department [CALTRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department.”
City of Madera
Agreement Number 06-CCEP-05
AMS ADV ID: 0626000193
Project No.:CCEP-5157(143)
6. Project funding is as follows:
Fund Title Fund Source Dollar Amount
Clean California Funds State General Fund (0001)
Budget Item 2660-130-0001
State Program Code
20.30.010.900
FY 2025/26
$300,000.00
Local Match Local Match/In Kind $ 15,000.00
Total Project Cost $315,000.00
For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance.
Accounting Officer Printed
Name
Accounting Officer
Signature
Date Amount Certified
7. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General: 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops.
Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56.
8. Notification of Parties
a. AGENCY’s Project Manager for Project is Arnoldo Rodriguez @ 559-661-5402. b. CALTRANS’ District Partnership Primary Liaison is Jennifer Nishikawa @ 559-824-9501 and secondary Liaison is Rene Sanchez @ 559-906-0627, “District Partnership Liaison” as used herein includes his/her designee.
c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:
City of Madera
Attention: Arnoldo Rodriguez, City Manager
Phone Number: 559-661-5402
Email: [email protected]
205 W. 4th Street
Madera, California 93637
California Department of Transportation, District Partnership Liaison (District 6/Clean California)
Attention: Jennifer Nishikawa, Office Chief, D6 Maintenance Phone Number: (559) 824-9501
[email protected]
Apicha Xu 03/23/26 $300,000.00
City of Madera
Agreement Number 06-CCEP-05
AMS ADV ID: 0626000193
Project No.:CCEP-5157(143)
1352 W. Olive Ave
Fresno, California 93728
9. Period of Performance
a. Reimbursable work under this RGA shall begin no earlier than on April 15, 2026, following the written approval of CALTRANS and AGENCY’s receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than July 30, 2027. Project closeout and final invoicing to CALTRANS must be submitted no later than November 30, 2027.
Work incurred after July 30, 2027, will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after November 30, 2027. Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through November 30, 2027 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS District Partnership Liaison, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS.
10. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of the parties.
11. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $300,000.00.
b. It is agreed and understood that the Clean CA funds are limited to the amount granted.
CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS District Partnership Liaison at or below that fund limitation established herein.
12. Termination
a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with PROJECT Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination.
AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation.
b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre-authorized in writing, and non-cancellable, up to the date of termination. c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA. Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS.
13. Budget Contingency Clause
a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do City of Madera
Agreement Number 06-CCEP-05
AMS ADV ID: 0626000193
Project No.:CCEP-5157(143)
not appropriate sufficient funds for the program, this RGA shall be of no further force and effect.
In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA.
b. The certification of FY 2025/26 funds will be contingent upon the passage of the FY 2025/26 Budget. Payment for any work performed that is funded by FY 2025/26 will be delayed if the FY 2025/26 Budget is not signed by June 30, 2025. Pursuant to Government Code (GC), Section 926.10, no late payment penalty shall accrue during any time period for which no Budget Act in effect. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS or offer an RGA Amendment to AGENCY to reflect reduced amount.
14. Payment and Invoicing
a. AGENCY, its contractors, subcontractors and sub-recipients, shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices.
b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment III). CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment II and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III–Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III–Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY. c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of Transportation Independent Office of Audits and Investigations or federal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. e. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/.
City of Madera
Agreement Number 06-CCEP-05
AMS ADV ID: 0626000193
Project No.:CCEP-5157(143)
Also see website for summary of travel reimbursement rules. f. AGENCY shall submit invoices to CALTRANS at least quarterly, but no more frequently than monthly, in arrears upon completion of project tasks, milestone and/or deliverables in accordance with the Project Timeline in Attachment III to the satisfaction of CALTRANS District Partnership Liaison
g. Invoices shall reference this RGA Number and shall be signed and submitted to CALTRANS District Partnership Liaison, as stated in Section III–Notification of Parties, Item 8c. h. Invoices shall include the following information:
1) Names of the AGENCY personnel performing work
2) Dates and times of Project Work
3) Locations of Project Work
4) Itemized costs as set forth in Attachment III, including identification of each employee, contractor or subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each employee, contractor, sub-recipient or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and contractor, subrecipient and subcontractor invoices. 5) AGENCY shall submit written progress reports with each set of invoices to allow CALTRANS District Partnership Liaison to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
i. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction.
Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III–Termination, Item 12.
j. CALTRANS will reimburse AGENCY for all allowable Project costs at least quarterly, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice.
k. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date this RGA expires. AGENCY has until July 30, 2027, to make final allowable payments to Project contractors or vendors, and November 30, 2027, to submit the Project’s Final Report, as defined in Attachment I and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices contractor.
l. The final invoice will be paid upon submission by AGENCY to CALTRANS and acceptance by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted to CALTRANS by November 30, 2027.
15. Quarterly Progress Reporting
a. AGENCY shall submit written quarterly progress reports to the CALTRANS District Partnership Liaison to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
City of Madera
Agreement Number 06-CCEP-05
AMS ADV ID: 0626000193
Project No.:CCEP-5157(143)
16. Cost Principles
a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY agrees, and will assure that its contractors, sub-recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
Every sub-recipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third-party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source.
d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dotmedia/programs/local-assistance/documents/lapm/ch05.pdf e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above.
17. Americans with Disabilities Act
By signing this Agreement, AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.).
18. Iran Contracting Act
AGENCY must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that it is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (https://www.dgs.ca.gov/PD/Resources/PageContent/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless Contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed Contractor City of Madera
Agreement Number 06-CCEP-05
AMS ADV ID: 0626000193
Project No.:CCEP-5157(143)
shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement.
19. Indemnification
a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA.
It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all of CALTRANS’ officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA.
b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from any and all claims, lawsuits, or legal actions, including reasonable attorneys’ fees and legal costs, relating to intellectual property claims arising from or related to the Project and/or any work procured under this RGA, including but not limited to claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”), (5) 17 U.S.C. § 113, (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property.
20. Nondiscrimination Clause (2 CCR 11105 Clause b)
a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other City of Madera
Agreement Number 06-CCEP-05
AMS ADV ID: 0626000193
Project No.:CCEP-5157(143)
sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
d. AGENCY and its contractors, its sub-recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA.
21. Retention of Records/Audits
a. AGENCY, its contractors, subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY’s contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent City of Madera
Agreement Number 06-CCEP-05
AMS ADV ID: 0626000193
Project No.:CCEP-5157(143)
data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA.
e. Additionally, all grants may be subject to a pre-award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs.
f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article.
22. Adjudication of Facts in Disputes
a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law.
b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA.
23. Third-Party Contracts
a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior written authorization by the CALTRANS District Partnership Liaison unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY’s laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code); a qualifications-based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Title 1, Division 5, Chapter 10 of the Government Code); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 23, Third Party Contracts. The SCM can be found and the following link: https://www.dgs.ca.gov/OLS/Resources/PageContent/Office-of-Legal-Services-Resources-List-Folder/State-Contracting. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY’s sub-recipients, contractors, and subcontractors.
Copies of all agreements with sub-recipients, contractors, and subcontractors, must be submitted to the CALTRANS District Partnership Liaison. d. CALTRANS does not have a contractual relationship with the AGENCY’s subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors.
City of Madera
Agreement Number 06-CCEP-05
AMS ADV ID: 0626000193
Project No.:CCEP-5157(143)
e. Prior authorization in writing by the CALTRANS District Partnership Liaison shall be required before AGENCY enters into any non-budgeted sub-agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section III–Payment and Invoicing, Item 14(h)(4), above. f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III–Payment and Invoicing, Item 14c, above.
24. Drug-Free Workplace Certification
By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The person's or organization's policy of maintaining a Drug-Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant:
1) Will receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.
d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above.
25. Relationship of Parties
It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.
City of Madera
Agreement Number 06-CCEP-05
AMS ADV ID: 0626000193
Project No.:CCEP-5157(143)
26. State-Owned Data
a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:
1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space.
2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules.
3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.
4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only.
5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS District Partnership Liaison immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1).
27. CALTRANS’ Use of “Before” and “After” Project Photographs a. AGENCY acknowledges it provided a “Before” photograph of the Project with the AGENCY’s application for the Clean California Local Grant Program. AGENCY acknowledges and agrees it must provide an “After” photograph of the Project as part of the close out reporting process. b. AGENCY warrants it is the copyright owner of the “Before” and “After” Project photographs. c. Neither the “Before” nor “After” Project photographs shall include the faces of any individuals.
d. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the “Before” and “After” Project photographs, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
City of Madera
Agreement Number 06-CCEP-05
AMS ADV ID: 0626000193
Project No.:CCEP-5157(143)
e. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
28. Limited Grant of Rights to CALTRANS for Use of Educational Programming (“educational programming”) Created or Produced for Project and Visual Art Located Outside of State Right-ofWay (“Artwork”) Created or Produced for Project a. Educational programming:
i. AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork:
i. AGENCY shall obtain from the artist(s), or any other copyright owner(s) of Artwork, a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or City of Madera
Agreement Number 06-CCEP-05
AMS ADV ID: 0626000193
Project No.:CCEP-5157(143)
derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
29. Government Purpose Rights for Inventions
a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by AGENCY or jointly with the AGENCY’s contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of work issued under this RGA.
b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. “Government Purpose Rights” are the unlimited, irrevocable, worldwide, perpetual, royalty-free, non-exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. “Government Purpose Rights” also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. “Government Purpose Rights” do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose.
30. Additional Intellectual Property Provisions
a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA.
b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the “Before” and “After” Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA.
City of Madera
Agreement Number 06-CCEP-05
AMS ADV ID: 0626000193
Project No.:CCEP-5157(143)
The grant will be an irrevocable, non-exclusive, perpetual, royalty-free, sublicensable, unlimited, worldwide license.
c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of “Before” or “After” Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form:
© [Artist/Copyright owner’s name, date of publication]. AGENCY bears sole responsibility to promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner’s name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA.
i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation.
ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS.
e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub-recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its contractors, subcontractors, subrecipients, and service vendors (hereinafter “AGENCY’s Contractor/Subcontractor/Subrecipient”) providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY’s Contractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing.
31. Visual Art Located on California State Right-of-Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS’ most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS’ Transportation Art program can be found at https://dot.ca.gov/programs/design/lap-landscape-architecture-andcommunity-livability/lap-liv-j-transportation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS’ Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA.
City of Madera
Agreement Number 06-CCEP-05
AMS ADV ID: 0626000193
Project No.:CCEP-5157(143)
a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS’ Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”) of the final artwork. c. AGENCY acknowledges that any submittal to the CALTRANS’ Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-ofway.
32. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, AGENCY’s indemnification obligations contained elsewhere in this Agreement, AGENCY hereby assumes all risks of the consequences of exposure of AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. AGENCY also agrees to take all appropriate safety precautions to prevent any such exposure to AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. AGENCYalso agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, AGENCY also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.
33. Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if AGENCY or its subcontractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, AGENCY or its subcontractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. AGENCY shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CALTRANS District Partnership Liaison
34. Project Close Out/Closeout Report
a. AGENCY will provide a final close out report to the CALTRANS District Partnership Liaison no later than November 30, 2027.
CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report.
b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS District Partnership Liaison. c. Payments shall be forfeit if invoices are submitted after November 30, 2027.
City of Madera
Agreement Number 06-CCEP-05
AMS ADV ID: 0626000193
Project No.:CCEP-5157(143)
35. ADA Compliance
All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.
36. Prevailing Wages and Labor Code Compliance
AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY’s work on or for the Project.
37. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply:
I. This Restricted Grant Agreement (as amended);
II. The CALTRANS Local Grant Program Guidelines;
III. Approved Indirect Cost Rate (if applicable);
IV. Approved Grant Application (as amended); and
V. AGENCY Resolution.
38. Survival
AGENCY’s representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA.
39. Sanctions
No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect.
Section IV
Attachments:
The following attachments are incorporated into and are made a part of this RGA by this reference and attached hereto.
I. Clean CA Community Cleanup and Employment Pathway (CCEP) Grant Program Guidelines II. Approved Indirect Cost Rate (if applicable)
III. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution (N/A)
In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written:
City of Madera
Agreement Number 06-CCEP-05
AMS ADV ID: 0626000193
Project No.:CCEP-5157(143)
AGENCY NAME: CITY OF MADERA
By (signature):
Printed Name:
Title:
Date:
CALTRANS DISTRICT PARTNERSHIP LIAISON
CLEAN CALIFORNIA PROGRAM
By (signature):
Printed Name:
Jennifer Nishikawa
Title:
D6 Clean California District Partnership Liaison
Date:
CALIFORNIA DEPARTMENT OF TRANSPORTATION
CLEAN CALIFORNIA PROGRAM
By (signature):
Printed Name:
Walter Yu
Title:
Clean California Program Director
Date:
Cecelia K. Gallegos
MAYOR
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: April 15, 2026
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Madera County Food Bank Waiver Requests for Senior Nutrition and Produce Program & Brown Bag Program
RECOMMENDATION:
Adopt Resolutions:
1. Waiving the rental fees of the Lions Town & Country Park starting on May 13, 2026, and ending on October 28, 2026, related to the Senior Nutrition and Produce Program event hosted by the Madera County Food Bank, at an anticipated rental fee of $605
2. Waiving the rental fees of the Pan American Community Center starting on April 22, 2026, and ending on December 16, 2026, related to the Senior Brown Bag Program hosted by the Madera County Food Bank, at an anticipated rental fee of $305 SUMMARY:
The City received a request from the Madera County Food Bank (MCFB) seeking a waiver of rental fees for the use of the Lions Town & Country Park (LT&C) to host the Senior Nutrition and Produce Program (SNAPP) event. The MCFB is requesting access to the park twice a month, starting on Wednesday, May 13, 2026, and ending on Wednesday, October 28, 2026. The request includes a total of 12 days during this period. On the days requested, the use of the park would be for food distribution of fresh fruit and vegetables to seniors.
MCFB is also seeking a waiver of rental fees for the use of the Pan American Community Center (PACC) to host the Senior Brown Bag Program. The MCFB is requesting access to the PACC once a month, starting on April 22, 2026, and continuing through December 16, 2026. The request B-11
RETURN TO AGENDA
includes a total of 9 separate days. On the days requested, the use of the PAC would be to conduct a distribution of free brown paper bags of food to seniors.
DISCUSSION:
The MCFB has submitted a formal request for a fee waiver to use LT&C for the SNAPP food distribution events. The food distribution events will take place on the 2nd and 4th Wednesdays of each month. In total, 12 separate days are being requested, from May 13, 2026, to October 28, 2026. The actual food distribution would take place from 7 am to 9 am. The request includes access for setup and cleanup from 6 am to 10 am. Specifically, the dates requested at LT&C for SNAPP food distributions by the MCFB include:
May 13, 2026
May 27, 2026
June 10, 2026
June 24, 2026
July 8, 2026
July 22, 2026
August 12, 2026
August 26, 2026
September 9, 2026
September 23, 2026
October 14, 2026
October 28, 2026
The MCFB has also submitted a formal request for a fee waiver to use PACC for a series of Brown Bag Program food distribution events. The food distribution events will take place once a month through the end of 2026. In total, 9 separate days are being requested, from April 22, 2026, to December 16, 2026. The actual food distribution would take place from 9 am to 11 am. The request includes access for setup and cleanup from 8 am to 12 pm. Specifically, the dates requested at PACC for Brown Bag Program food distributions by the MCFB include:
April 22, 2026 July 22, 2026 October 21, 2026
May 20, 2026 August 19, 2026 November 18, 2026
June 17, 2026 September 23, 2026 December 16, 2026
MCFB is committed to adhering to all rules and regulations regarding the use of the requested space and will ensure the area utilized is left in its original condition following the conclusion of the rental.
This rental is subject to all other applicable requirements. This includes the provision of acceptable rental insurance.
FINANCIAL IMPACT:
The applicable costs associated with the rental of LT&C and PACC, with the spaces requested, are summarized in Table 1, applicable to the request. Costs are derived from the City of Madera Master Fee Schedule.
Table 1: Estimated Financial Impact Without Fee Waiver
Lions Town & Country Park
Administrative Fee $25
Special Event $100
Picnic Area 1 $240
Picnic Area 2 $240
Total for LT&C Park Use for SNAPP Food Distribution $605 Pan American Community Center
Administrative Fee $25
Special Event $100
Picnic Shelter $180
Total for PACC Use for Brown Bag Program Food Distribution $305 The total applicable cost for LT&C, with dates and times as requested, would be $605.
The total applicable cost for PACC, with dates and times as requested, would be $305.
ALTERNATIVES:
The Council may elect to reject the fee waivers and require MCFB to remit any associated fees if it wishes to rent the LT&C and PACC for food distribution events.
ATTACHMENTS:
1. Resolution waiving the rental fees of the Lions Town & Country Park starting on May 13, 2026, and ending on October 28, 2026, related to the Senior Nutrition and Produce Program event hosted by the Madera County Food Bank, at an anticipated rental fee of $605
2. Resolution waiving the rental fees of the Pan American Community Center starting on April 22, 2026, and ending on December 16, 2026, related to the Senior Brown Bag Program hosted by the Madera County Food Bank, at an anticipated rental fee of $305
3. Request Letter Authored by Ryan McWherter, Executive Director for the LT&C Site for SNAPP Food Distribution
4. Request Letter Authored by Ryan McWherter, Executive Director for the PACC Site for Brown Bag Program Food Distribution
ATTACHMENT 1
Resolution – Waiving the rental fees of the Lions Town & Country Park starting on May 13, 2026, and ending on October 28, 2026, related to the Senior Nutrition and Produce Program event hosted by the Madera County Food Bank, at an anticipated rental fee of $605 RESOLUTION NO. 26-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA WAIVING RENTAL FEES OF THE LIONS TOWN & COUNTRY PARK STARTING ON MAY 13, 2026, AND ENDING ON OCTOBER 28, 2026,
RELATED TO THE SENIOR NUTRITION AND PRODUCE PROGRAM EVENT
HOSTED BY THE MADERA COUNTY FOOD BANK, AT AN ANTICIPATED RENTAL FEE OF $605
WHEREAS, the City has received a request for the waiver of fees for the rental of the Lions Town & Country Park (LT&C); and
WHEREAS, the request is from the Madera County Food Bank (MCFB); and WHEREAS, MCFB is looking to host the Senior Nutrition and Produce Program event; and WHEREAS, the request is for rental utilization starting on Wednesday, May 13, 2026, through Wednesday, October 28, 2026, from 6:00 am to 10:00 am; and WHEREAS, the request includes the rental of LT&C on the second and fourth Wednesdays of the month, for a total of twelve separate days being requested; 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 $605; and WHEREAS, the MCFB is still subject to providing insurance documentation for City facility rentals that meet City requirements.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. The Council finds that the waiver of fees as set forth in this resolution serves a valid public purpose in that the Madera County Food Bank’s Senior Nutrition and Produce Program serves a community need to provide fresh fruits and vegetables to those over 55 years and older, which in turn directly benefits the community.
3. The City Council does hereby waive the City fees for Rental Fees of the Lions Town & Country Park on the dates identified in Exhibit A, subject to confirmation of insurance.
4. This resolution is effective immediately upon adoption. * * * * * *
Exhibit A
1. May 13, 2026
2. May 27, 2026
3. June 10, 2026
4. June 24, 2026
5. July 8, 2026
6. July 22, 2026
7. August 12, 2026
8. August 26, 2026
9. September 9, 2026
10. September 23, 2026
11. October 14, 2026
12. October 28, 2026
ATTACHMENT 2
Resolution – Waiving the rental fees of the Pan American Community Center starting on April 22, 2026, and ending on December 16, 2026, related to the Senior Brown Bag Program hosted by the Madera County Food Bank, at an anticipated rental fee of $305 RESOLUTION NO. 26-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA, WAIVING THE RENTAL FEES OF THE PAN AMERICAN COMMUNITY CENTER STARTING ON APRIL 22, 2026, AND ENDING ON DECEMBER 16, 2026, RELATED TO THE SENIOR BROWN BAG PROGRAM
HOSTED BY THE MADERA COUNTY FOOD BANK, AT AN ANTICIPATED RENTAL FEE OF $305
WHEREAS, the City has received a request for the waiver of fees for the rental of the Pan American Community Center (PACC); and
WHEREAS, the request is from the Madera County Food Bank (MCFB); and WHEREAS, MCFB is looking to host the Senior Brown Bag Program; and WHEREAS, the request is for rental utilization starting on April 22, 2026, through December 18, 2026, from 8:00 am to 12:00 pm; and
WHEREAS, the request includes the rental of PACC on a monthly basis, for a total of nine separate days being requested; 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 $305; and WHEREAS, the MCFB is still subject to providing insurance documentation for City facility rentals that meet City requirements.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. The Council finds that the waiver of fees as set forth in this resolution serves a valid public purpose in that the Madera County Food Bank’s Senior Brown Bag Program serves a community need to provide our aging population with access to food at no cost.
3. The City Council does hereby waive the City fees for Rental Fees of the Pan American Community Center on the dates identified in Exhibit A, subject to confirmation of insurance.
4. This resolution is effective immediately upon adoption. * * * * * *
Exhibit A
1. April 22, 2026
2. May 20, 2026
3. June 17, 2026
4. July 22, 2026
5. August 19, 2026
6. September 23, 2026
7. October 21, 2026
8. November 18, 2026
9. December 16, 2026
ATTACHMENT 3
Request Letter Authored by Ryan McWherter, Executive Director for the LT&C Site for SNAPP Food Distribution
ATTACHMENT 4
Request Letter Authored by Ryan McWherter, Executive Director for the PACC Site for Brown Bag Program Food Distribution
REPORT TO CITY COUNCIL
Approved by:
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Madera Evening Lions of California Donation of $1,000
RECOMMENDATION:
Adopt a Resolution Accepting Madera Evening Lions of California’s Donation of $1,000 SUMMARY:
The City has received a donation of $1,000 from the Madera Evening Lions of California. The donation is to go towards the purchase of pet waste stations at Lions Town & Country Park.
DISCUSSION:
Earlier in February 2026, the Madera Evening Lions of California contacted the City about a donation, specifically for pet waste stations at the Lions Town & Country Park. The donation became a reality when the Madera Evening Lions of California confirmed the donation of $1,000.
In recognition of their donation, the City acknowledged the donation on Saturday, March 21, 2026, during the Lions Town & Country Park trail completion celebration event.
The City has purchased 6 pet waste stations for Lions Town & Country Park, which have been received. As of the writing of this report, a total of 3 pet waste stations have been installed at the park. The remaining 3 stations will be installed soon.
FINANCIAL IMPACT:
The $1,000 donation from the Madera Evening Lions of California will help reimburse the City for expenditures related to pet waste stations at Lions Town & Country Park.
Council Meeting of: April 15, 2026
Agenda Number: B-12
RETURN TO AGENDA
To date, the City has purchased 6 pet waste stations for the park, at a total cost of $1,747.16. The Parks Maintenance budget, #10206100, was utilized to fund the pet waste stations. The donation of $1,000 will provide relief for this expenditure.
ALTERNATIVES:
The Council may elect not to accept the Madera Evening Lions of California’s $1,000 donation, at which point the City may have to revert funds.
ATTACHMENTS:
1. Resolution – Accepting Madera Evening Lions of California’s Donation of $1,000
2. Photos of Installed Pet Waste Stations at the Lions Town & Country Park
3. Photos of Check Presentation on March 21, 2026, at the Lions Town & Country Park Trail Completion Celebration
ATTACHMENT 1
Resolution – Accepting Madera Evening Lions of California’s Donation of $1,000 RESOLUTION NO. 26-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, ACCEPTING MADERA EVENING LIONS OF CALIFORNIA’S DONATION OF $1,000
WHEREAS, Madera Evening Lions of California made available $1,000 in donation funds to the City; and
WHEREAS, the Madera Evening Lions of California has requested the $1,000 be utilized towards pet waste stations at Lions Town & Country Park; and WHEREAS, the pet waste stations at Lions Town & Country Park will help promote a clean, safe space and allow pet owners to safely and responsibly dispose of pet waste at key points along the trail system.
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 donation provided by the Madera Evening Lions of California of $1,000 is accepted.
3. This resolution is effective immediately upon adoption. * * * * * * * *
ATTACHMENT 2
Photos of Installed Pet Waste Stations at the Lions Town & Country Park
ATTACHMENT 3
Photos of Check Presentation on March 21, 2026, at the Lions Town & Country Park Trail Completion Celebration
REPORT TO CITY COUNCIL
Approved by:
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
SPAN Construction & Engineering, Inc. Donation of $500
RECOMMENDATION:
Adopt a Resolution Accepting SPAN Construction & Engineering, Inc.’s Donation of $500 SUMMARY:
The City has received a donation of $500 from SPAN Construction & Engineering, Inc. (SPAN). The donation is to go towards the cost of uniforms for the youth baseball league 2026 season.
DISCUSSION:
Earlier in February 2026,staff contacted SPAN, seeking donations for the sports division. The City anticipated an increase in youth baseball league registrations and internal expenses associated with the execution of the program. The request for a donation became a reality when SPAN confirmed they were able to provide a donation of $500.
FINANCIAL IMPACT:
The $500 donation from SPAN will help alleviate the internal City cost for expenditures related to purchasing uniforms for all registered youth for the 2026 baseball league season.
To date, the City has a total of 364 registered youth for the baseball league. The total cost for uniforms is roughly $5,000. The donation of $500 will offer relief towards the full cost of uniforms for the 2026 youth baseball league season.
Council Meeting of: April 15, 2026
Agenda Number: B-13
RETURN TO AGENDA
The Parks Department Sports budget, #10206220, is utilized for the purchase of uniforms.
ALTERNATIVES:
The Council may elect not to accept the $500 donation from SPAN, at which point the City may have to revert the funds.
ATTACHMENTS:
1. Resolution – Accepting SPAN Construction & Engineering, Inc.’s Donation of $500 ATTACHMENT 1
Resolution – Accepting SPAN Construction & Engineering, Inc.’s Donation of $500 RESOLUTION NO. 26-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA ACCEPTING SPAN CONSTRUCTION & ENGINEERING, INC.’S DONATION OF $500
WHEREAS, SPAN Construction & Engineering, Inc. made available $500 in donation funds to the City; and
WHEREAS, SPAN Construction & Engineering, Inc. has requested the $500 be utilized towards the 2026 youth baseball league season expenditures; and WHEREAS, the $500 will be utilized towards uniform costs for registered youth of the 2026 youth baseball league season.
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 donation provided by the SPAN Construction & Engineering, Inc. of $500 is accepted.
3. This resolution is effective immediately upon adoption. * * * * * * * *
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: April 15, 2026
_________________________________ Agenda Number: ___________ Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Second reading and adoption of an ordinance creating an expedited and streamlined permitting process for electric vehicle charging stations.
RECOMMENDATION:
Waive full reading and adopt by title only an Ordinance of the City Council of the City of Madera, adding Chapter 7 of Title IX of the City Municipal Code, to create an Expedited Permit Process for Electrical Vehicle Charging Stations, with the associated CEQA findings (CEQA Guidelines Section 15061[b][3]).
SUMMARY:
An amendment of the City’s zoning regulations requires two actions by the City Council (Council): the introduction of the Ordinance (first reading); and the adoption of the Ordinance (second reading). The Council waived the first reading and introduced by title only an ordinance adding Chapter 7 of Title IX of the City Municipal Code, to create an Expedited Permit Process for Electrical Vehicle Charging Stations at a public hearing held on March 18, 2026.
The California Government Code (§§ 65850.7 and 65850.71) requires all local jurisdictions (cities and counties) to streamline the permitting process for Electric Vehicle Charging Stations (EVCS) by adopting a mandatory ordinance to approve applications to install EVCS through the issuance of a building permit or other similar nondiscretionary permit.
The California Legislature has found and declared that it is the intent of the Legislature that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of EVCS is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern; and, that it is the policy of the state to promote and encourage the use of EVCS and to limit obstacles to their use. In furtherance of this intent, local agencies shall not adopt ordinances that create unreasonable barriers to the installation of EVCS or unreasonably restrict the ability of homeowners and business concerns to install EVCS.
B-14
RETURN TO AGENDA
For cities with populations under 200,000, the initial deadline to adopt an ordinance creating an expedited, streamlined permitting process for EVCS was September 30, 2017. Therefore, local jurisdictions are required to adopt the mandatory ordinance to expedite and streamline the permitting process for EVCS immediately. The proposed ordinance will amend the City Municipal Code in accordance with State law.
DISCUSSION:
In 2015, the State of California adopted Assembly Bill 1236 (codified as Cal. Gov’t Code § 65850.7), which requires local agencies to adopt an ordinance to create an expedited, streamlined permitting process for EVCS. Additionally, in 2021, the State adopted Assembly Bill 970 (amending Cal. Gov’t Code § 65850.7 and adding § 65850.71)
Pursuant to these provisions of the California Government Code, an “electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code (as it reads on the effective date of Cal.
Gov’t Code § 65850.7), and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
In accordance with these provisions, a local agency shall administratively approve an application to install EVCS through issuance of a building permit or similar nondiscretionary permit. The review of an application to install an EVCS shall be limited to the building official's review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. However, if the building official of the city, county, or city and county makes a finding, based on substantial evidence, that the electric vehicle charging station or hydrogen-fueling station could have a specific, adverse impact upon the public health or safety, the city, county, or city and county may require the applicant to apply for a use permit.
For purposes of streamlining, these provisions of the Government Code also set forth timelines or time periods during which applications to install EVCS shall be reviewed for completeness (or otherwise, at which they are to be determined complete) and acted upon (or otherwise, at which they shall be deemed approved) contingent upon the number of EVCS proposed to be installed at a single site.
Furthermore, in developing an expedited permitting process, the local agency shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review; and in doing so, may refer to the recommendations in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Governor’s Office of Land Use and Climate Innovation (f.k.a., the Governor’s Office of Planning and Research).
This Guidebook recommends local governments develop and utilize a permitting checklist that references all required elements for approval of a permit. In order to facilitate a streamlined, non-discretionary permit process and to determine if certain criteria are being met, checklists are to contain objective requirements for the installation of an electric vehicle charging station and a process for electronic submittal of permit applications. For example, the content of the checklist requires the permit applicant to check the features of the existing electrical service such as rating in amperes, system voltage, connected or calculated load, spare capacity in amperes, voltage and ampere rating of the electric vehicle supply equipment, circuit rating of the electric vehicle supply equipment, location of the electric vehicle supply equipment, if ventilation is/or is not required, and clearances of the charging equipment to comply with all applicable building and fire safety laws. The checklist also assists the applicant in confirming that the location of the electric vehicle supply equipment will comply with any vehicle clearance requirements in the City’s Zoning Ordinance.
Finally, the provisions of the Government Code provide that a jurisdiction shall not condition approval of a permit for an EVCS based on the approval of an association, as that term is defined in Section 4080 of the Civil Code (i.e., a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development).
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The proposed activity has been reviewed for compliance with the requirements of the California Environmental Quality Act (CEQA) Guidelines.
Pursuant to the provisions of Section 15378(b)(5) of the CEQA Guidelines, a “Project” does not include organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
To the extent the proposed adoption of an ordinance to amend Title IX of the City Municipal Code to create an expedited, streamlined permitting process for electric vehicle charging stations, as required by California Government Code Sections 65850.7 and 65850.71, may be considered a “Project” in accordance with the provisions of Section 15378 of the CEQA Guidelines, the activity is considered to be exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines. The activity is covered by the common sense exemption that CEQA only applies to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Adoption of the proposed ordinance is a regulatory action required to implement changes to State law which mandate local agencies adopt regulations to create a streamlined procedure and expedited administrative (ministerial) EVCS permitting process. Ordinance adoption does not, in and of itself, issue a permit to a person or authorize a specific construction project or result in a physical change in the environment.
FINANCIAL IMPACT:
There are no direct financial impacts directly to the City other than the staff resource time required to prepare this report. Implementation will occur as EVCS permit applications are submitted for City review, at which time applicants will be required to remit fees in accordance with the Master Fee Schedule.
EVCS readiness, including the creation of an expedited, streamlined administrative permitting process will implement consistent statewide standards to achieve the timely and cost-effective installation of EVCS in accordance with State law and will support the growth of electric vehicles as an economically viable and environmentally sustainable means of transportation in City of Madera.
ACTIONS FOLLOWING APPROVAL:
If necessary, the City Clerk and Building Official will cause the local amendments and findings to be refiled with the California Building Standards Commission.
Concurrent with Council’s consideration of adoption of the ordinance, staff has taken measures to meet all requirements of the Government Code, which includes finalizing the mandatory application checklist in a manner which is consistent with the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook.” Building and Fire inspection staff are also developing procedures for expedient and thorough inspection of permitted EVCS. Following adoption and once an ordinance becomes effective, the final checklist, including procedures, will be posted to the City of Madera Building Department webpage in accordance with the requirements of the Government Code.
ALTERNATIVES:
Local jurisdictions which are not yet in compliance with the cited provisions of the California Government Code are required to adopt a mandatory ordinance to expedite and streamline the permitting process for EVCS immediately.
As an alternative to staff’s recommendation, the Council may elect to adopt the proposed ordinance with amendments. The City may adopt an ordinance that modifies the checklists and standards found in the Guidebook due to unique climatic, geological, seismological, or topographical conditions.
The Government Code provides, a city, county, or city and county determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the required ordinance, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required.
It is the opinion of City staff that no amendments to the proposed ordinance are required due to unique conditions. The City of Madera Building Department does have the ability to accept electronic signatures on all forms, applications and other documents.
ATTACHMENTS:
1. Proposed Ordinance adding Chapter 7 of Title IX of the City Municipal Code ATTACHMENT 1
Proposed Ordinance adding Chapter 7 of Title IX
of the City Municipal Code
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA, ADDING CHAPTER 7 OF TITLE IX OF THE CITY MUNICIPAL CODE, TO CREATE AN
EXPEDITED PERMIT PROCESS FOR ELECTRICAL VEHICLE CHARGING STATIONS,
WITH THE ASSOCIATED CEQA FINDINGS
(CEQA GUIDELINES SECTION 15061[B][3])
WHEREAS, the State of California adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; and
WHEREAS, creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City’s reliance on environmentally damaging fossil fuels; and WHEREAS, it is the policy of the state and interest of the City Council to promote and encourage the use of electric vehicle charging stations, to limit obstacles to their use and minimize associated costs; and
WHEREAS, the City provided notice of the City Council hearing as required by law; and WHEREAS, the City Council now desires to add Chapter 7 of Title IX of the City Municipal Code to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems as set forth herein.
NOW THEREFORE, the City Council of the City of Madera ordains as follows:
SECTION 1. Recitals. The City Council hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.
SECTION 2. CEQA. A preliminary environmental assessment was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA). The City Council has determined, to the extent the proposed adoption of an ordinance to amend Title IX of the City Municipal Code to create an expedited, streamlined permitting process for electric vehicle charging stations, as required by California Government Code Sections 65850.7 et seq., may be considered a “Project” in accordance with the provisions of Section 15378 of the CEQA Guidelines, the activity is considered to be exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines. The activity is covered by the common sense exemption that CEQA only applies to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Adoption of the proposed ordinance is a regulatory action required to implement changes to State law which mandate local agencies adopt regulations to create a streamlined procedure and expedited administrative (ministerial) EVCS permitting process. Ordinance adoption does not, in and of itself, issue a permit to a person or authorize a specific construction project or result in a physical change in the environment.
SECTION 3. Chapter 7, Title IX is hereby added to the City Municipal Code to read as follows:
CHAPTER 7: EXPEDITED PERMIT PROCESS FOR ELECTRICAL VEHICLE CHARGING STATIONS 9-7.01 Purpose
9-7.02 Definitions
9-7.03 Expedited Permitting Process
9-7.04 Permit Application Processing
9-7.05 Technical Review
9-7.06 Electric Vehicle Charging Station Installation Requirements § 9-7.01 PURPOSE
The purpose of this chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This chapter is also purposed to comply with California Government Code Section 65850.7 et seq., as may be amended. § 9-7.02 DEFINITIONS
For the purposes of this chapter, the following definitions shall apply:
ELECTRIC VEHICLE CHARGING STATION or CHARGING STATION. Any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
SPECIFIC, ADVERSE IMPACT. A significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
ELECTRONIC SUBMITTAL. The utilization of one or more of the following:
(1) Electronic mail or email.
(2) The internet.
(3) Facsimile.
§ 9-7.03 EXPEDITED PERMITTING PROCESS
Consistent with Government Code Section 65850.7 et seq., as may be amended, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “ZeroEmission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Land Use and Climate Innovation. The City’s adopted checklist shall be published on the City’s website.
§ 9-7.04 PERMIT APPLICATION PROCESSING
(A) Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking. (B) A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete, and shall be processed, in accordance with the applicable time period and as required by Government Code Section 65850.71. Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the City’s adopted checklist and are consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until a final inspection is approved by the City. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and identifying any additional information required to be eligible for expedited permit issuance.
(C) Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentation. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.
§ 9-7.05 TECHNICAL REVIEW
(A) It is the intent of this chapter to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official’s authority to address higher priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this chapter, the City may require the applicant to apply for a use permit. (B) In the technical review of a charging station, consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.
§ 9-7.06 ELECTRIC VEHICLE CHARGING STATION INSTALLATION REQUIREMENTS (A) Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a municipal electric utility company regarding safety and reliability.
(B) Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code. (C) Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
(D) Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.
SECTION 4. Severability Clause. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, sentences, clauses, or phrases, or portions thereof not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. Effective Date of Ordinance. This Ordinance shall be effective and of full force and effect at 12:01 a.m. on the thirty-first day after its passage. All ordinances and parts of ordinances in conflict herewith, to the extent inconsistent and no further, are hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance.
SECTION 6. Publication. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council of the City of Madera and shall cause this Ordinance to be published or posted in accordance with Government Code Section 36933 as required by law. *******
REPORT TO CITY COUNCIL
Approved by:
_________________________________
Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Agreement with Liebert Cassidy Whitmore
RECOMMENDATION:
Adopt a Resolution approving a Consulting Services Agreement with Liebert Cassidy Whitmore for updated Civil Service rules and Personnel Policies
SUMMARY:
The City of Madera (City) published a Request for Proposals (RFP) seeking qualified consultants/firms to conduct a comprehensive review, analysis, and update of the City's Civil Service system, Personnel Rules & Regulations, and Administrative Policies pertaining to personnel matters. The City received seven (7) proposals. A committee reviewed the proposals and unanimously recommended Liebert Cassidy Whitmore (LCW) as the consultant of choice to provide the requested services.
The recommended action will approve an agreement with LCW to provide the identified scope of work for the specific project with a not-to-exceed price of $60,000.00 and a one-time flat fee of $12,550.00 for five (5) years of real-time policy updates and revisions after adoption of the new policies. Additional work, such as representation in any required bargaining meetings, will be billed at current rates under the City’s existing Special Services Agreement with LCW for ongoing legal services.
DISCUSSION:
The City’s Municipal Code section applicable to Civil Service was adopted in 1961 and remains unchanged for the most part. The current Personnel Rules & Regulations were adopted in 1988 and last revised in 2005. Each of the City’s four (4) bargaining units has a Memorandum of Understanding that provides for compensation and/or benefits not universally provided under the Personnel Rules & Regulations. The City also has various Administrative Policies that also govern employee conduct and the employment relationship. Examples of these policies include, Council Meeting of: April 15, 2026
Agenda Number: B-15
RETURN TO AGENDA
but are not limited to, the Harassment Policy, Drug Free Workplace Policy, and Use of City Vehicles Policy. Currently the City has twenty-five (25) personnel-related Administrative Policies.
One of the Human Resources Department’s identified goals in the current fiscal year is to begin a review and update of the City’s Personnel Rules & Regulations and Administrative Policies applicable to personnel practices. To that end, staff prepared and published RFP 202526-20 seeking proposals from qualified consultants/firms knowledgeable in California local government personnel laws and codes to conduct a comprehensive review, analysis, and update of the City's Civil Service System, Personnel Rules & Regulations, and Administrative Policies pertaining to personnel matters. The requested scope of work includes providing expert consulting services to ensure that all personnel-related provisions are legally compliant, internally consistent, aligned with current best practices in public sector human resources management, and reflective of contemporary employment law standards. The requested services also include review of bargaining unit Memorandums of Understanding to identify any common items that may be better captured in a consolidated Personnel Policy Manual. The expected outcome of this project is to produce both a Civil Service rules and regulations document as well as a separate Personnel Policy Manual, both written in plain language that can be easily understood by all employees, supervisors, and management. The consultant must also provide training to managers and supervisors on the new policies, as well as policy updates for a period of five (5) years.
The City received seven (7) proposals to provide the requested services. A committee reviewed the proposals for completeness, understanding of the scope of work requested, and cost.
Following that review, the proposals were ranked by the committee as follows.
Table 1: Final Ranking of Proposals for RFP 202526-20
Rank Firm
1 Liebert Cassidy Whitmore
2 Burke, Williams, & Sorensen, LLP
3 Jackson Lewis
4 Colantuono, Highsmith & Whatley, PC
5 Aleshire & Wynder, LLP
6 Renne Public Law Group, LLP
7 CPS HR Consulting
As shown in Table 1, LCW was ranked by the committee as the consultant of choice for this project. LCW proposed services aligned with the City’s requested scope of work, including the training and ongoing policy update elements. The proposal demonstrated an understanding of the City’s needs and the firm’s specialization in public sector employment law. Additionally, the references provided were relevant California public entities.
Based on the committee’s recommendation, staff has prepared an agreement with LCW for consideration of approval by Council. The proposed agreement includes a not-to-exceed total price of $60,000.00 for the review of policies and rules, updates to same, creation of new documents, and training on final documents. The ongoing policy updates for a period of five (5) years following adoption will be at a flat one-time fee of $12,550.00. Any changes to personnel policies that may affect terms and conditions of employment will be subject to bargaining under the Meyers-Milias-Brown Act. If LCW is used for these services, said services will be billed hourly.
FINANCIAL IMPACT:
The project will span two (2) Fiscal Years (FYs). There are sufficient funds included in the Risk Management current year operating budget for the not-to-exceed $60,000 base project cost. The one-time fee for ongoing updates over the subsequent five (5) years and any labor relations negotiations regarding policy changes will occur in FY 2026/27; staff will include anticipated legal expenses for these items in the proposed budget for FY 2026/27.
ALTERNATIVES:
Council may direct staff to re-publish the RFP.
ATTACHMENTS:
1. Resolution
a. Exhibit A: Consulting Services Agreement
Resolution No. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
APPROVING A CONSULTING SERVICES AGREEMENT WITH LIEBERT
CASSIDY WHITMORE FOR UPDATED CIVIL SERVICE RULES AND
PERSONNEL POLICIES
WHEREAS, the City of Madera (City) has a need to update its Civil Service rules personnel policies; and
WHEREAS, the City published a Request for Proposals (RFP) for the contemplated services and received seven (7) proposals; and
WHEREAS, the proposals received in response to the RFP were reviewed by a committee and the final outcome of that review was a unanimous recommendation to retain Liebert Cassidy Whitmore (LCW), to provide the requested services to the City as defined in the RFP Scope of Work; and
WHEREAS, LCW is a firm having the necessary experience and qualifications to provide the requested services to the City; and
WHEREAS, a Consulting Services Agreement has been prepared that is in the best interest of the City and LCW.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, and orders as follows:
1. The above recitals are true and correct.
2. The Consulting Services Agreement between the City of Madera and Liebert Cassidy Whitmore, a copy of which is attached hereto as Exhibit A and incorporated herein, is approved.
3. This resolution is effective immediately upon adoption. ********************
CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF MADERA AND
LIEBERT CASSIDY WHITMORE
This Consultant Services Agreement ("Agreement”) is entered into between the CITY OF MADERA, a California general law city (“City”) and Liebert Cassidy Whitmore, A Professional Corporation ("Consultant”). This Agreement shall be effective on the date signed by City which shall occur after execution by Consultant (“Effective Date”).
RECITALS
A. City has sought, by a Request for Proposals, to select a consultant to provide services related to Civil Service Rules and Personnel Policy Updates (Services).
B. Consultant submitted a proposal for performing the requested Services and is engaged in the business of furnishing such services as a consultant and hereby warrants and represents that it is qualified, licensed, and professionally capable of performing the Services called for in the Request for Proposals and this Agreement.
C. City has selected Consultant to perform the requested Services on the basis of Consultant's demonstrated competence and professional qualifications.
D. City desires to retain Consultant, and Consultant desires to provide City with the Services, on the terms and conditions as set forth in this Agreement.
E. NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:
AGREEMENT
1. Scope of Services. Consultant shall perform, to the satisfaction of City in accordance with this Agreement, the Services described in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by reference. Consultant shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all services described herein.
2. Commencement of Services; Term of Agreement. Consultant shall commence the Services upon City’s issuance of a written "Notice to Proceed" and shall continue in full force and effect until completion of the agreed upon Scope of Services in Exhibit A, unless otherwise terminated by the City.
(a) Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors assigned to perform the Services under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors assigned to perform the
Services under this Agreement.
(b) Additional Services. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreement or listed in Exhibit A unless such additional services are authorized in advance and in writing by the City Manager of City. Consultant shall be compensated for any such additional services in the amounts and in the manner agreed to by the City Manager and Consultant in writing.
3. Compensation for Services. City shall compensate Consultant for rendering the Services as follows:
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant by the amounts specified in the Schedule of Compensation attached hereto as Exhibit B and incorporated herein by this reference. (b) Consultant shall invoice City monthly for services rendered in the prior month based on progress of the Scope of Services. Invoices shall be submitted by email to:
Wendy Silva
Director of Human Resources
[email protected]
(c) City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. The invoiced amount shall be paid within 30 calendar days unless City disputes any charges or expenses. If any charges or expenses are disputed, City shall pay the undisputed amount and notify Consultant of the nature and amount of the disputed charge or expense. The parties shall seek to resolve the disputed items(s) by mutual agreement. Any billing disputes brought forth by the City must be submitted within fourteen (14) days of receipt of the billing statement. Such disputes will be submitted by electronic mail (email) to the billing contact provided by Consultant. Billing contact for Consultant:
Brock Buccola
Director of Finance
[email protected]
(d) Payment to Consultant for work performed under this Agreement shall not be deemed to waive any defects in work performed by Consultant.
4. Independent Contractor Status. Consultant and its subcontractors shall perform the Services as independent contractors and not as officers, employees, agents, or volunteers of City.
Nothing contained in this Agreement shall be deemed to create any contractual relationship
between City and Consultant’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant’s employees or subcontractors, any claim or right of action against City. Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Consultant or its agents or employees perform the services under this Agreement.
5. Qualifications, and Professional Standards. Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement. Consultant represents that to the extent Consultant utilizes subcontractors, such subcontractors are, and will be, qualified in their fields.
Consultant also expressly represents that both Consultant and its subcontractors, if any, are now, and will be throughout their performance of the Services under this Agreement, properly licensed or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement. Consultant and its subcontractors, if any, shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with and keep themselves informed of all applicable laws and regulations.
6. Identity of Subcontractors and Sub-Consultants. Consultant shall before commencing any work under this Agreement provide to City in writing: (a) the identity of all subcontractors and sub-consultants (collectively referred to as "subcontractors"), if any, which Consultant intends to utilize in Consultant's performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Consultant shall only employ subcontractors pre-approved by City and in no event shall Consultant replace an approved subcontractor without the advance written permission of City, with the understanding that City’s permission will not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Consultant shall be liable to City for the performance of Consultant's subcontractors.
7. Subcontractor Provisions. Consultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions, and other work product prepared and performed by subcontractors for Consultant; and (c) compliance with all laws and certifications as required under this Agreement.
8. Power to Act on Behalf of City. Consultant shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.
9. Record Keeping; Reports. Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft of all reports and a copy of all final reports prepared by Consultant under this Agreement.
10. Ownership and Inspection of Documents. All data, tests, reports, documents, conclusions, opinions, recommendations, and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs (“Work Product”), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit. Upon City’s request, Consultant shall make available for inspection and copying all such Work Product and all Work Product shall be turned over to City promptly at City’s request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without prior written approval of the City Manager.
This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.
11. Confidentiality. All data, reports, conclusions, opinions, recommendations, and other work product prepared and performed by and on behalf of Consultant in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees, affiliates, and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to be bound to these confidentiality provisions.
12. City Name and Logo. Consultant shall not use City’s name or insignia, photographs relating to the City projects for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
13. Conflicts of Interest. Consultant warrants that neither Consultant nor any of its employees have an interest, present or contemplated, which would conflict in any manner with the interests of the City, or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future
position of City on such projects shall not be considered a conflict of interest for purposes of this section. City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement, and any such future service shall not be considered a conflict of interest for purposes of this section.
14. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.
15. City Right to Employ Other Consultants. This Agreement is non-exclusive with Consultant. City reserves the right to employ other consultants in connection with the Services.
16. Termination of Agreement. This Agreement shall terminate upon completion of the Services, or earlier pursuant to the following.
(a) For Convenience of City. This Agreement may be terminated by City at its discretion upon thirty (30) days prior written notice to Consultant. Written notice of termination may be provided by email.
(b) For Breach of Either Party. If for any cause either party fails to fulfill in a timely and proper manner its obligations under this Agreement (the “breaching party”), the other party (the “terminating party”) shall have the right to terminate the Agreement by giving not less than five (5) working days’ written notice to the breaching party of the intent to terminate and specifying the effective date thereof.
The terminating party shall, however, provide the breaching party with a detailed statement of the grounds for termination. This statement shall include, as appropriate, references to specific provisions of this Agreement, dates, dollar amounts and other information relevant to the decision to terminate for cause. (c) Compensation to Consultant Upon Termination. In the event termination is not due to fault attributable to Consultant and provided all other conditions for payment have been met, Consultant shall be paid compensation for services performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified in Section 3 herein. In the event of termination due to Consultant’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure.
(d) Effect of Termination. Upon receipt of a termination notice (or completion of this Agreement), Consultant shall: (i) promptly discontinue all Services affected (unless the notice directs otherwise); and (ii) deliver or otherwise make available to the City, without additional compensation, all data, documents, procedures, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Consultant in performing this Agreement, whether completed or in process. Following the termination of this Agreement for any reason whatsoever, City shall have the right to utilize such information and other documents, or any other works of authorship fixed in any tangible medium of expression, including but not limited to physical drawings, data magnetically or otherwise recorded on computer disks, or other writings prepared or caused to be prepared under this Agreement by Consultant. Consultant may not refuse to provide such writings or materials for any reason whatsoever.
17. Insurance. Consultant 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. Consultant shall provide City with copies of required certificates of insurance upon request.
18. Indemnity and Defense. Consultant 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 Consultant’s performance of its obligations under this agreement or out of the operations conducted by Consultant, 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 Consultant’s performance of this agreement, the Consultant 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.
19. Compliance with All Laws. Consultant shall be familiar with and shall comply with all City, State, and Federal laws and regulations applicable to the work to be performed under this Agreement. In providing the services required under this Agreement, Consultant shall at all times comply with all applicable laws, regulations, and resolutions of the United States, the State of California, and the City of Madera now in force and as they may be enacted, issued, or amended during the term of this Agreement.
20. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant 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, Consultant shall not assign the payment of any monies due Consultant 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
Consultant directly to Consultant.
21. Form and Service of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, emailed, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: Arnoldo Rodriguez
City of Madera
205 W. Fourth
Madera, CA 93637
Email: [email protected]
To Consultant: Shelline K. Bennett
Liebert Cassidy Whitmore
5020 North Palm Ave., Suite 310
Fresno, CA 93704
Email: [email protected]
Notice shall be deemed effective on the date personally delivered, or transmitted by email, or if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
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.
22. Entire Agreement. This Agreement, including the attachments and exhibits, represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral with respect to the subject matter herein.
This Agreement may be amended only by written instrument signed by both City and Consultant.
23. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.
24. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.
25. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each
party’s anticipated benefits.
26. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Consultant in the County of Madera, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.
27. Attorneys Fees. If either party is required to commence any proceeding or legal action to enforce or interpret 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 attorneys’ fees and legal expenses.
28. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.
29. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.
30. Execution in Counterparts and by Electronic Signature. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages, and electronic or facsimile signatures (including PDF) shall be deemed original signatures for all purposes. The transmission of an executed counterpart by electronic means constitutes due delivery. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
31. Non-Discrimination. Consultant shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.
32. Artificial Intelligence. Consultant permits attorneys to utilize generative artificial intelligence (“AI”) tools in the performance of their work within the standards and guidance established by the State Bar of California. Attorneys may use AI as a tool and do not use AI work product without applying their own independent legal judgement. Attorneys do not disclose confidential information to unsecure AI tools.
IN WITNESS WHEREOF, the City and Consultant have executed this Agreement on the date(s) set forth below.
LIEBERT CASSIDY WHITMORE CITY OF MADERA
By: By:
Shelline K. Bennett, Partner Cecelia K. Gallegos, Mayor Date: Date:
APPROVED AS TO FORM:
Shannon L. Chaffin, City Attorney
ATTEST:
Alicia Gonzales, City Clerk
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
Consultant will provide professional services to review, revise, and assist with adoption of updates to the City’s Civil Service System, Personnel Rules & Regulations, and Administrative Policies related to personnel matters. These services will also include review of the bargaining unit Memorandums of Understanding to identify any common items that may be better captured in a consolidated Personnel Policy Manual. The goal of these reviews/updates is to produce both a Civil Service rules and regulations document aswell as a separate Personnel PolicyManual. These documents must be written in plain language that can be easily understood by all employees, supervisors, and management. The Consultant will participate in interactive discussions with the City’s identified stakeholders to assist in preparing updates that provide modern, clear, and legally defensible employment practices and workplace policies. Services may include assisting the City with Meyers-Milias-Brown Act compliance should it be needed; however the City reserves the right to conduct labor unit meetings without the Consultant or with the help of a different consultant.
The following process steps and outcomes represent the minimum expectations for this project.
A. Review the City’s existing rules, policies, and documents, including:
1) Municipal Code Title II, Chapter II published here:
https://codelibrary.amlegal.com/codes/madera/latest/overview 2) Personnel Rules & Regulations and bargaining unit Memorandums of Understanding published here: https://www.madera.gov/citygovernment/human-resources/salaries-benefits/ 3) Administrative Policies provided as Attachment A to this RFP B. Meet with designated City staff in-person or via video conference to discuss current practices and application of the codes, rules, and policies; discuss identified issues in current processes and potential modifications based on industry best practices. It is anticipated that this will be an ongoing discussion of the various topics involved in this project and may involve several meetings. The Consultant must be able to participate in these meetings with real-time knowledge of Federal and California laws applicable to local government entities, as well as industry best practice.
C. Provide an outline of initial recommendations based on review of documents listed in Item A of this section and information gathered through discussions in Item B. This may include, but is not limited to, recommendationsfor modifying, adding, or deleting policies or practices. This initial outline should be submitted to the City’s Director of Human Resources in writing, with an in-person or video conference meeting to follow for discussion with the City’s designated staff.
D. Develop draft documents based on discussions and feedback provided by designated City staff after review of the initial recommendations, with the new documents written in easily understood language that is in compliance with current Federal and California laws applicable to local government entities, as well as industry best practice. The written documents must be provided in Microsoft Word format to the City’s Director of Human Resources, with an in-person or video conference meeting to follow for discussion and feedback from the City’s designated staff. The City anticipates the following documents will be generated through this process.
1) Updated Civil Service Rules & Regulations captured in the City’s Municipal Code and/or adopted by Resolution of the City Council;
2) A Personnel Policy Manual that provides relevant information for both full and part-time employees of the City and clearly provides and explains policies applicable to the City’s employment practices including hiring, discipline, termination, leaves of absence, and any applicable personnel policies and procedures.
E. Prepare revisions to the proposed updated documents based on feedback from designated City staff. Provide updated documents to the Director of Human Resources in Microsoft Word format. Continue to meet with designated City staff and discuss further edits or recommendations until a final draft is confirmed.
F. If requested, assist the City in any processes required for compliance with the MeyersMilias-Brown Act.
G. Prepare final documents for formal action. Documents must be provided to the City in Microsoft Word format and all final documents will be the property of the City.
H. Prepare and provide training for the City’s management and supervisory staff on the new documents to include a summary of key changes and facilitate consistent application of the policies. It is expected that one (1) in-person session be offered with one (1) additional session offered via video conference to ensure allsupervisory and managementstaff have an opportunity to attend. The video conference session may occur in the evening or on a Saturday depending on the staff involved.
I. Afterformal adoption ofthe new policies and procedures developed through this process, the Consultant shall provide ongoing recommendations and written updates to the developed policies due to new laws or regulations effected at the state or federal level for five (5) years. These recommendations and proposed updates shall be provided in realtime, be specific to the City of Madera, and put the City in the best position for legal compliance.
EXHIBIT B
SCHEDULE OF COMPENSATION
Total Not-To-Exceed Project Cost for the Scope of Services in Exhibit A, including expenses, but excluding Items F and I: $60,000. The estimated breakdown is as follows; actual costs will be determined by time spent for each category.
Scope Item Brief Description Estimated Cost
A Document Review $8,500
B Client Meetings $8,500
C Outline of Recommendations $14,000
D First Draft of Documents $14,000
E Second Draft of Documents $8,500
G Preparation of Final Documents $3,500
H Training $3,000
Cost for Scope of Services Item I:
Item I in the Scope of Services is to provide ongoing recommendations and written updates to the developed policies due to new state or federal laws. Cost for Item I is a total of $12,550 for five years.
Cost for Scope of Services Item F or Out-of-Scope Services:
Hourly Rates for Scope Item F (bargaining unit negotiations) or any Out-of-Scope Services shall be invoiced based on current hourly bill rates. Current fee schedule is as follows. Consultant bills to the tenth of one hour. Consultant will provide prior written notice to the City of any adjustment to hourly rates that may occur in the normal course of business.
Classification Hourly Rate
Partners $475
Senior Counsel $390
Associates $295 - $370
Labor Relations/Human Resources Consultant $305
Classification & Compensation Consultant $230
Paralegals $165
E-Discovery Specialist $185
Law Clerks $180 - $200
EXHIBIT C
INSURANCE
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 policies shall 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. ▪ 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.
▪ $1,000,000 Professional Liability (Errors & Omissions) per claim and in the aggregate.
Consultant shall maintain professional liability insurance that insures against professional errors and omission that may be made in performing the Services to be rendered in connection with this Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement. The cost of such insurance shall be included in Consultant’s bid.
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 is in 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: Council Meeting of: April 15, 2026
_________________________________ Agenda Number: ___________ Harpiar Gandhi, Public Works Ops Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Second Amendment to Airport Engineering and Construction Management Services Agreement with Brandley Engineering
RECOMMENDATION:
Adopt a Resolution retroactively approving Amendment No. 2 to the Airport Engineering and Construction Management Services Agreement with Brandley Engineering, Inc.
SUMMARY:
The City of Madera (City) has maintained an Airport Engineering and Construction Management Services Agreement with Brandley Engineering, Inc. to provide professional engineering services related to airport capital improvement projects at the Madera Municipal Airport (Airport). The Agreement was originally approved by the City Council on March 4, 2020, following Request for Proposals (RFP) No. 201920-07.
The proposed amendment will retroactively modify the term of the Agreement, update the consultant fee schedule, correct the notice recipient for the City, and provide for the issuance and approval of Task Orders.
DISCUSSION:
The Madera Municipal Airport is an approximately 890-acre general aviation facility owned and operated by the City. The Airport serves the City, surrounding areas of Madera County, and portions of Fresno County. Due to the specialized nature of airport infrastructure design and federal aviation grant compliance requirements, the City utilizes a qualified airport consulting engineer to assist with the development and implementation of airport capital improvement projects.
B-16
RETURN TO AGENDA
The City entered into an Airport Engineering and Construction Management Services Agreement with Reinard W. Brandley Consulting Airport Engineers effective March 4, 2020. In 2021, the firm transitioned from a sole proprietorship to an S-Corporation operating as Brandley Engineering, Inc. The City Council approved assignment of the Agreement to Brandley Engineering, Inc. on March 17, 2021, via Resolution No. 21-45, as the change represented only a modification to the firm’s business structure and name.
Under the Agreement, Brandley Engineering has assisted the City with several Federal Aviation Administration (FAA) funded capital improvement projects at the Airport, including engineering design, construction management, and grant administration services. Brandley Engineering began providing engineering and construction management services associated with the Rehabilitation of Apron A2 and Hangar Taxilane projects in 2023 and has continued in this capacity to present day. These improvements are part of the Airport Capital Improvement Program and are funded primarily through FAA Airport Improvement Program (AIP) grants with additional participation from Caltrans Division of Aeronautics (Caltrans).
As these projects remain in progress, additional time is necessary to complete the remaining construction oversight, grant administration, and project close-out services. City staff reviewed the existing Agreement and Amendment No. 1 with Brandley Engineering and determined that although the firm has continued to provide services and work related to the projects noted above, the Agreement was allowed to lapse. Staff was of the understanding that the Agreement had been extended, however after a careful search of available records, has determined that no such action occurred. The proposed Amendment No. 2 to the Agreement will retroactively amend the Agreement to effect the following.
The fee schedule will be updated to current fees.
The term of the agreement will be retroactively modified to extend through March 4, 2027.
The Public Works Operations Director will be designated to receive notices provided under the terms of the Agreement.
The Public Works Operations Director will be authorized to issue and sign Task Orders retroactive to the beginning of the Agreement term.
FAA guidelines allow the City to continue engineering services over a lengthened term under an existing consultant agreement when the work represents continuation of ongoing federally funded airport improvement projects. Maintaining the same consulting engineer ensures continuity of project oversight, compliance with federal grant requirements, and efficient completion of the projects currently underway.
FINANCIAL IMPACT:
Amendment of the Agreement in and of itself does not create a financial obligation; such obligations are created by the issuance of individual project work through Task Orders. The majority of costs associated with these projects are funded through grants from the FAA Airport Improvement Program and Caltrans. FAA typically funds approximately 90 percent of eligible project costs, with Caltrans funding approximately 5 percent. The Airport Fund is responsible for the remaining local match portion of the project costs.
ALTERNATIVES:
In considering options, the Council may explore the following alternatives to those proposed:
1. Direct staff to pursue procurement of a new airport consulting engineer.
2. Direct staff to further negotiate scope of services. or consultant compensation.
ATTACHMENTS:
1. Resolution Approving Amendment
a. Exhibit A: Amendment No. 2 to Airport Engineering and Construction Management Services Agreement
2. Original Airport Engineering and Construction Management Services Agreement with Brandley Engineering, including Amendment No. 1 and Task Orders 1-5 RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
RETROACTIVELY APPROVING AMENDMENT NO. 2 TO THE AIRPORT
ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES
AGREEMENT WITH BRANDLEY ENGINEERING, INC
WHEREAS, the City Council approved an Airport Engineering and Construction Management Services Agreement with Reinard W. Brandley Consulting Airport Engineers effective March 4, 2020, to provide professional engineering services related to airport capital improvement projects; and
WHEREAS, the firm subsequently transitioned from a sole proprietorship to an SCorporation operating as Brandley Engineering, Inc., and the City Council approved assignment of the Agreement through Resolution No. 21-45 on March 17, 2021; and WHEREAS, the City Council approved Amendment No. 1 to the Agreement in March 2023 as to fees and term; and
WHEREAS, City staff was of the understanding that the Agreement was still active and current, however after a careful search of the records, have determined that the Agreement requires retroactive modifications to the beginning of the Agreement term in order to fully capture the expected term of the agreement and issuance of Task Orders; and WHEREAS, additional time is necessary to complete ongoing construction management, regulatory coordination, and project closeout services associated with these projects; and WHEREAS, the Federal Aviation Administration allows continuation of professional services under an existing consultant agreement when services represent a logical continuation of work already underway and when maintaining the same consultant supports project continuity and compliance with federal grant requirements; and WHEREAS, Amendment No. 2 to the Airport Engineering and Construction Management Services Agreement will retroactively amend the Agreement as to fees, term, notices, and issuance of Task Orders and is in the best interests of the City of Madera and Brandley Engineering, Inc.
NOW THEREFORE, THE COUNCIL OF THE CITY OF MADERA, hereby resolves, determines, finds, and orders as follows:
1. The above recitals are true and correct and incorporated by reference.
2. The City Council approves Amendment No. 2 to the Airport Engineering and Construction Management Services Agreement between the City of Madera and Brandley Engineering, Inc., attached as Exhibit A and incorporated herein.
3. This resolution is effective immediately upon adoption. * * * * * * * *
Exhibit A: Amendment No. 2
Amendment No. 2 1
AMENDMENT NO. 2 TO AIRPORT ENGINEERING AND CONSTRUCTION MANAGEMENT
SERVICES AGREEMENT BETWEEN THE CITY OF MADERA
AND BRANDLEY ENGINEERING, INC.
This Amendment No. 2, entered into on the 15th day of April, 2026, amends the previous agreement entitled, Airport Engineering and Construction Management Services Agreement dated March 4, 2020, and amended March 4, 2023, by and between the City of Madera, a municipal corporation of the State of California, hereinafter referred to as “City”, and Brandley Engineering, Inc. an S corporation that is located on 6125 King Road, Suite 201, Loomis, CA 95650, hereinafter referred to as “Service Provider.”
RECITALS
WHEREAS, City and Service Provider entered an Airport Engineering and Construction Management Services Agreement (“Agreement”) for professional services effective on March 4, 2020; and
WHEREAS, City and Service Provider entered into Amendment No. 1 (Amend 1) to Airport Engineering and Construction Management Services Agreement for professional services effective on March 4, 2023, and
WHEREAS, at the time of the Agreement, Brandley Engineering Inc. was formerly known as Reinard W. Brandley, Consulting Airport Engineers; and WHEREAS, the City approved assignment of the Agreement to Brandley Engineering Inc. on March 17, 2021, as only the name and business structure had changed; and WHEREAS, the Parties wish to modify the agreement as to term and fee schedule for the purpose of allowing for the completion of projects currently in progress, which include the Rehabilitation of Apron A2 and the Hangar Taxilane.
AGREEMENT
Section 1. Section 3.1 of the Agreement titled “Fees” is amended by adding subsection C thereto to read as follows:
C. Fee Schedule Effective on March 4, 2026:
Personnel Rate
Principal Engineer $300.00/Hour
Senior Engineer $184.50/Hour
Resident Engineer – Regular Time $188.50/Hour
Resident Engineer – Overtime $282.75/Hour
Junior Engineer $123.00/Hour
Senior Inspector – Regular Time $126.00/Hour
Senior Inspector - Overtime $189.00/Hour
Senior Drafter $123.00/Hour
Junior Drafter $94.00/Hour
Apprentice – Regular Time $95.00/Hour
Amendment No. 2 2
Personnel Rate
Apprentice – Overtime $142.50/Hour
Project Administrator $100.00/Hour
Clerical $78.00/Hour
Laboratory Technician $92.00/Hour
Per Diem Travel $213/Day
Vehicle Rental $41.00/Day +
$0.72/Mile
Outside Consultants:
Topographic Surveys, Geotechnical Drilling,
Testing Laboratories, etc.
Cost + 10%
Section 2. Section 4 of the Agreement titled “Term of Agreement” is revised by replacing the existing Section 4 with the following:
This Agreement shall be effective on March 4, 2020, after approval by the City Council at a duly scheduled meeting thereof and shall continue in full force and effect through March 4, 2027, unless otherwise terminated earlier by one of the parties pursuant to Section 8 of this Agreement.
Section 3. Section 10 of the Agreement titled “Notices” is revised by replacing the first sentence of that paragraph with the following:
All notices and communications from the Service Provider shall be to the City’s Public Works Operations Director.
Section 4. Section 14 is added to the Agreement titled “Task Orders” to include the following:
All services assigned to Service Provider under this Agreement shall be documented in writing via Task Orders. The Public Works Operations Director is authorized to issue and execute all Task Orders.
Section 3. Except as amended by this Amendment No. 2, all other terms and conditions of the Agreement shall remain in full force and effect.
Section 4. This Amendment No. 2 shall be effective retroactively to March 4, 2020.
SIGNATURES ON NEXT PAGE
Amendment No. 2 3
CITY OF MADERA
A municipal corporation of
The State of California
By:
Cecelia K. Gallegos, Mayor
Date:
ATTEST:
By:
Alicia Gonzales, City Clerk
BRANDLEY ENGINEERING, INC.
By:
Melissa Brandley, CFO & Secretary
Date:
APPROVED AS TO FORM:
Shannon Chaffin, City Attorney
Date:
Attachment 2: Agreement with Amendment No. 1 and Task Orders 1-5 RESOLUTION NO. 20-.E._
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING AN AGREEMENT WITH REINARD W. BRANDLEY, CONSULTING
AIRPORT ENGINEERS, FOR AIRPORT ENGINEERING AND CONSTRUCTION
MANAGEMENT SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY
WHEREAS, the City has a need to secure airport engineering and construction management services from a qualified professional; and
WHEREAS, the City of Madera (City) issued a Request for Proposals (RFP) for Airport Engineering and Construction Management Services; and
WHEREAS, Reinard W. Brandley, Consulting Airport Engineers, has been identified as a firm having the necessary experience and qualifications to provide services under this Airport Engineering and Construction Management Services Agreement; and WHEREAS, an agreement has been prepared between the City of Madera and Reinard W.
Brandley, Consulting Airport Engineers, for airport engineering and project management services that is in the best interests of both parties.
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 approves the Agreement with Reinard W. Brandley, Consulting Airport Engineers which is attached hereto as Exhibit 1.
3. The Mayor of the City of Madera is authorized to execute the Agreement and any and al l documents necessary to effectuate the Agreement on behalf of the City.
4. This resolution is effective immediately upon adoption. ********************
Res. No. 20-25
PASSED AND ADOPTED by the City Council of the City of Madera this 4th day of March 2020 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
Mayor Medellin, Council Members Garcia, Gallegos, Rodriguez, Montes, Robinson, Holley.
None.
None.
None.
W J. MEDELLIN, Mayor
....
CITY OF MADERA
AIRPORT ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES THIS Airport Engineering and Construction Management Services Agreement ("Agreement") is made and entered into on March 4, 2020, by and between the City of Madera, a municipal corporation ("City") and Reinard W. Brandley, Consulting Airport Engineers ("Service Provider").
RECITALS
A. The City is in need of Airport Engineering and Construction Management Services and the City has issued a Request for Proposals (RFP) for Airport Engineering and Construction Management Services.
B. City requires an Airport Engineering and Construction Management Services Agreement from a qualified professional service provider.
C. Service Provider is a firm having the necessary experience and qualifications to provide services under this Airport Engineering and Construction Management Services Agreement.
D. After conducting an RFP process for Airport Engineering and Construction Management Services and after review and consideration, City desires to retain Service Provider to provide said services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements herein contained, it is agreed by and between the City and the Service Provider as follows :
1. Services. The City hereby employs Service Provider to provide Airport Engineering and Construction Management Services, herein set forth at the compensation and upon the terms and conditions herein expressed.
2. Obligations, Duties and Responsibilit ies of Service Provider. It shall be the duty, obligation and responsibility of the Service Provider, in a skilled and professional manner, to perform, furnish and supply to the City the services and supplies in accordance with the minimum service requirements as listed below:
Preliminary Phase
• Coordinating with the City on project scope requirements, finances, schedules, operational safety and phasing considerations, site access and other pertinent matters. • Planning, procuring, and/or preparing necessary surveys, geotechnical engineering investigations, field investigations, and architectural and engineering studies required for design considerations.
■ Developing design schematics, sketches, environmental and aesthetic considerations, project recommendations, and preliminary layouts and cost estimates.
Design Phase
■ Conducting and attending meetings and design conferences to obtain information and to coordinate or resolve design matters.
■ Collecting engineering data and undertaking field investigations; performing geotechnical engineering studies; and architectural and engineering studies. • Preparing necessary engineering reports and recommendations. • Preparing detailed plans, specifications, and cost estimates. ■ Preparing Construction Safety and Phasing Plan (CSPP}. ■ Printing and providing necessary copies of engineering drawings and contract specifications.
Construction Phase
■ Assisting the City in advertising and securing bids, negotiating for services, analyzing bid results, furnishing recommendations on the award of contracts, and preparing contract documents.
■ Representing the City at preconstruction conferences. ■ Onsite construction inspection and/or management involving the services of a part-time or full-time resident engineer(s}, inspector(s), or manager(s) during the construction or installation phase of a project.
• Providing consultation and advice to the City during all phases of construction. ■ Inspecting work in progress periodically and providing appropriate reports to the City. • Reviewing and approving shop and construction drawings submitted by contractors for compliance with design concept.
• Reviewing, analyzing, and approving laboratory and mill test reports of materials and equipment.
■ Preparing and negotiating change orders and supplemental agreements. • Observing or reviewing performance tests required by specifications. • Preparation of as-constructed plans.
■ Determining amounts owed to contractors and assisting the City in the preparation of payments required for amounts reimbursable from grant projects. ■ Making final inspections and submitting a report of the completed project to the City.
3. Service Provider's fees and compensation: amount, how and when payable.
3.1 Fees. For all the work and services, including supplies and equipment, pertaining to this Agreement and supplies required to be furnished by the Service Provider to the City, City agrees to pay to Service Provider and Service Provider agrees to accept and receive as payment in full the following fees and compensation which shall be known as the "Fee" to be paid as hereinafter set forth.
A. Fee Schedule
Personnel
Reinard W. Brandley ....................................... $300.00/Hour Senior Engineer/Resident Engineer ................. $180.00/Hour Junior Engineer/Senior Inspector .................... $120.00/Hour Senior Drafter ...................................... ............ $120.00/Hour Junior Drafter ........................................ ............ $90.00/Hour Apprentice .................................... ..................... $95.00/Hour
Project Administrator , .................. ................... $100.00/Hour Clerical .............................................................. $75.00/Hour Travel and Equipment Rental
Per Diem .............................. ................ ................. $175/Day Vehicle Rental ................................ $40.00/Day + $0.58/Mile Outside Consultants
Topographic Surveys, Geotechnical
Drilling, Testing Laboratories, etc ..................... Cost+ 10%
4. Term of Agreement. This Agreement shall be effective on March 4, 2020, after approval by the City Council at a duly scheduled meeting thereof and shall continue in full force and effect through March 4, 2023, unless otherwise terminated earlier by one of the parties pursuant to Section 8 of this Agreement. This Agreement may be extended by mutual written consent annually thereafter, not to exceed two (2) additional years. Notice of such intent shall be provided by either Party ninety (90) days before the end of the initial term to allow for the appropriate vetting and appropriate approvals by the Parties. Fees and Costs for the optional extensions may be adjusted based upon the Consumer Price Index, Pacific Cities and U. S. Average for all urban consumers, Western Cities Category "C" or 2.5%, whichever is less.
5. Hold Harmless and Insurance Requirements.
5.1 Independent contractor. In the furnishing of the services provided herein, the Service Provider is acting as an independent contractor and not as an employee of the City. Service Provider acknowledges and agrees that at all times, Service Provider or any agent or employee of Service Provider shall be deemed at all times to be an independent contractor and is wholly responsible for the manner in which it performs the services and work requested by City under this Agreement. Service Provider, its agents, and employees will not represent or hold themselves out to be employees of the City at any time.
Service Provider or any agent or employee of Service Provider shall not have employee status with City, not be entitled to participate in any plans, arrangements, or distributions by City pertaining to or in connection with any retirement, health or other benefits that City may offer its employees. Service Provider or any agent or employee of Service Provider is liable for the acts and omissions of itself, its employees, and its agents. Service Provider shall be responsible for all obligations and payments, whether imposed by federal, state, or local laws, including, but not limited to, FICA, income tax withholdings, unemployment compensation, insurance, and other similar responsibilities related to Service Provider's performing services and work, or any agent or employee of Service Provider providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between City and Service Provider or any agent or employee of Service Provider. Any terms in this Agreement referring to direction from City shall be construed as providing for direction as to policy and the result of Service Provider's work only, and not as to the means by which such a result is obtained. City does not retain the right to control the means or the method by which Service Provider performs work under this Agreement
5.2 Indemnification and Waivers.
Indemnity for Professional Liability:
When the law establishes a professional standard of care for Service Provider's Services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend, and hold harmless City and
any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel's fees and costs but only to the extent the Service Provider (and its Subconsultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Service Provider (and its Subconsultants) and the City in the performance of professional services under this agreement.
Indemnity for Other Than Professional Liability:
Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel's fees and costs, court costs, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider or by any individual or City for which Service Provider is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Service Provider, except when caused by the active negligence or willful misconduct of the City.
5.3 Insurance. During the term of this Agreement, Service Provider shall maintain, keep in force and pay all premiums required to maintain and keep in force liability and property damage insurance. The limits of such policy shall be as required by the City of Madera. A copy of the City's requirements for such insurance coverage is attached hereto as Exhibit "A".
6. Attorney's Fees/Venue. In the event that any action is brought to enforce the terms of this Agreement, the party found by the court to be in default agrees to pay reasonable attorney's fees to the successful party in an amount to be fixed by the Court. The venue for any claim being brought for breach of this Agreement shall be in Madera County.
7. Governing Law. The laws of the State of California shall govern the rights and obligations of the parties under this Agreement, including the interpretation of the Agreement. If any part of the Agreement is adjudged to be invalid or unenforceable, such invalidity shall not affect the full force and effect of the remainder of the Agreement.
8. Termination.
8.1 This Agreement may be terminated at any time by either party upon fifteen (15) calendar days written notice. In the event the Agreement is terminated by either party, Service Provider shall be compensated for services performed to the date of termination based upon the compensation rates and subject to the maximum amounts payable agreed to together with such additional services performed after termination which are authorized in writing by the City representative to wind up the work performed to date of termination.
8.2 City may immediately suspend or terminate this Agreement in whole or in part by written notice where, if in the determination of City, there is:
1. A failure by Service Provider to comply with any material term of this Agreement;
2. A substantially incorrect or incomplete report submitted by Service Provider to City.
8.3 In no event shall any payment by City or acceptance by Service Provider constitute a waiver by such party of any breach of this Agreement or any default which may then exist on the part of either party. Neither shall such payment impair or prejudice any remedy available to either party with respect to such breach or default. City shall have the right to demand of Service Provider the repayment to City of any funds disbursed to Service Provider under this Agreement which, as determined by the appropriate court or arbitrator, were not expended in accordance with the terms of this Agreement.
All notices shall be mailed to the City:
To Service Provider:
City of Madera
Public Works Department
1030 South Gateway Drive
Madera, CA 93637
Reinard W. Brandley, Consulting Airport Engineers
6125 King Road, Suite 201
Loomis, CA 95650
9. Compliance with Laws. In the performance of this Agreement, Service Provider shall comply with the provisions in Exhibit B "Contract Provisions for Obligated Sponsor and Airport Improvement Projects" which are incorporated by reference and all applicable local, state, and federal laws and regulations and laws referenced in this section.
9.1 Laws Incorporated by Reference. The full text of the laws listed in this Section, including enforcement and penalty provisions, are incorporated by reference into this Agreement.
9.2 Conflict of Interest. By executing this Agreement, Service Provider certifies that it does not know of any fact which constitutes a violation of Title 9, Chapter 7 of the California Government Code (Section 87100 et seq.), or Title 1, Division 4, Chapter 1, Article 4 of the California Government Code (Section 1090 et seq.), and further agrees promptly to notify the City if it becomes aware of any such fact during the term of this Agreement.
9.3 Proprietary Information. In the performance of Services, Service Provider may have access to City's proprietary or confidential information, the disclosure of which to third parties may damage City. If City discloses proprietary or confidential information to Service Provider, such information must be held by Service Provider in confidence and used only in performing the Agreement. Service Provider shall exercise the same standard of care to protect such information as a reasonably prudent Service Provider would use to protect its own proprietary or confidential information.
9.4 Nondiscrimination Requirements. Service Provider shall comply with all state and federal laws in the administration of this Agreement.
9.5 Alcohol and Drug-Free Workplace. City reserves the right to deny access to, or require Service Provider to remove from, City facilities personnel of any Service Provider or subcontractor who City has reasonable grounds to believe has engaged in alcohol abuse or illegal drug activity which in any way impairs City's ability to maintain safe work facilities or to protect the health and well-being of City employees and the general public. City shall have the right of final approval for the entry or re-entry of any such person previously denied access to, or removed from, City facilities. Illegal drug activity means
)
possessing, furnishing, selling, offering, purchasing, using or being under the influence of illegal drugs or other controlled substances for which the individual lacks a valid prescription. Alcohol abuse means possessing, furnishing, selling, offering, or using alcoholic beverages, or being under the influence of alcohol.
9.6 Public Records Act. Contractor acknowledges that this Agreement and all records related to its formation, Contractor's performance of services, and City's payment are subject to the California Public Records Act, (California Government Code §6250 et seq.). Such records are subject to public inspection and copying unless exempt from disclosure under federal, state, or local law.
10. Notices. All notices and communications from the Service Provider shall be to City's Fleet Operations Manager. Verbal communications shall be confirmed in writing. All written notices shall be provided and addressed as indicated above.
11. Assignment. Neither the City nor the Service Provider will assign its interest in this Agreement without the written consent of the other.
12. Entire Agreement. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written provisions. Any changes to this Agreement requested by either City or Service Provider may only be effected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. This Agreement shall not be modified or amended or any rights of a party to it waived except by such a writing.
13. Venue. The formation, interpretation, and performance of this Agreement shall be governed by the laws of the State of California. Venue for all litigation relative to the formation, interpretation, and performance of this Agreement shall be in the County of Madera.
This Agreement and the attachments and exhibits incorporated herein, represents the entire agreement and understanding between the parties. Any modifications to this Agreement shall be in writing and signed by authorized representatives of the parties. One or more waivers of any term, condition or covenant by either party shall not be construed as a waiver of any other term, condition or covenant.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement at Madera, California, the day and year first above written.
**************
ATTEST:
APPROVED AS TO FORM
REINARD W. BRANDLEY,
CONSULTING AIRPORT ENGINEERS 1
BY:~~~--~
Reinard W. Brandley, Owner
)
Exhibit A
Insurance Requirements for Consultants
Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Subconsultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.
Minimum Scope and Limits of Insurance
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 policies shall 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, it's officers, agents, employees, and volunteers.
• $1,000,000 Professional Liability (Errors & Omissions) per claim and in the aggregate.
Consultant shall maintain professional liability insurance that insures against professional errors and omission that may be made in performing the Services to be rendered in connection with this Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement. The cost of such insurance shall be included in Consultant's bid.
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 ofthe 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 B - CONTRACT PROVISIONS FOR OBLIGATED
SPONSORS AND AIRPORT IMPROVEMENT PROJECTS
Bl ACCESS TO RECORDS AND REPORTS
2 CFR § 200.333
2 CFR § 200.336
FAA Order 5100.38
The Consultant must maintain an acceptable cost accounting system. The Consultant agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Consultant which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Consultant agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.
82 BREACH OF CONTRACT TERMS
2 CFR § 200 Appendix ll(A)
Any violation or breach of terms of this contract on the part of the Consultant or its subconsultants may result in the suspension or termination of this contract or such other action that may be necessary to ) enforce the rights of the parties of this agreement.
Owner will provide Consultant written notice that describes the nature of the breach and corrective actions the Consultant must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to Consultant until such time the Consultant corrects the breach or the Owner elects to terminate the contract. The Owner's notice will identify a specific date by which the Consultant must correct the breach. Owner may proceed with termination of the contract if the Consultant fails to correct the breach by the deadline indicated in the Owner's notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.
83 CIVIL RIGHTS - GENERAL
49 USC§ 47123
GENERAL CIVIL RIGHTS PROVISIONS
The Consultant agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Exhibit B - Page 1
)
This provision binds the Consultant and subconsultants from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
B4 CIVIL RIGHTS - TITLE VI ASSURANCE
49 USC§ 47123
FAA Order 1400.11
The City of Madera in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.
Title VI Clauses for Compliance with Nondiscrimination
Requirements
Compliance with Nondiscrimination Requirements:
During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter refen-ed to as the "Consultant"), agrees as follows:
1. Compliance with Regulations: The Consultant (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The Consultant, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subconsultants, including procurements of materials and leases of equipment.
The Consultant will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subconsultant or supplier will be notified by the Consultant of the Consultant's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to asce1iain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Consultant's noncompliance with the nondiscrimination provisions of this contract, the sponsor will impose such contract sanctions as it Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Exhibit B - Page 2
or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Consultant under the contract until the Consultant complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subconsultant, or supplier because of such direction, the Consultant may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States.
Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964 ); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, ( 42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended (42 USC§ 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 - 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Exhibit B - Page 3
discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq).
BS CLEAN AIR AND WATER POLLUTION CONTROL
2 CFR § 200, Appendix ll{G)
Consultant agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC§ 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Consultant agrees to report any violation to the Owner immediately upon discovery.
The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.
Consultant must include this requirement in all subcontracts that exceeds $150,000.
BG DEBARMENT AND SUSPENSION
2 CFR part 180 (Subpart C)
2 CFR part 1200
DOT Order 4200.5
CERTIFICATION OF OFFEROR/BIDDER REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction", must verify each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by:
I. Checking the System for Award Management at website: http://www.sam.gov.
2. Collecting a certification statement similar to the Ce1iification of Offerer /Bidder Regarding Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.
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87 DISADVANTAGED BUSINESS ENTERPRISE
49 CFR part 26
The requirements of 49 CFR part 26 apply to this contract. It is the policy of the City of Madera to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract.
The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership.
Contract Assurance (§ 26.13) -
The Consultant or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Consultant shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation-assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Owner deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Consultant from future bidding as non-responsible.
Prompt Payment (§26.29) - The prime Consultant agrees to pay each subconsultant under this prime contract for satisfactory performance of its contract no later than 7 days from the receipt of each payment the prime Consultant receives from City of Madera. The prime Consultant agrees further to return retainage payments to each subconsultant within 7 days after the subconsultant's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Madera. This clause applies to both DBE and non-DBE subconsultants.
88 DISTRACTED DRIVING
Executive Order 13513
DOT Order 3902.10
TEXTING WHEN DRIVING
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving", (10/1/2009) and DOT Order 3902.10, "Text Messaging While Driving", (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant.
In support of this initiative, the Owner encourages the Consultant to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Exhibit B - Page 5
)
_)
project. The Consultant must include the substance of this clause in all sub-tier contracts exceeding $3,500 that involve driving a motor vehicle in performance of work activities associated with the project. 89 ENERGY CONSERVATION REQUIREMENTS
2 CFR § 200, Appendix ll(H)
Consultant and Subconsultant agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 620Iet seq).
810 EQUAL EMPLOYMENT OPPORTUNITY (EEO)
2 CFR 200, Appendix ll(C)
41 CFR § 60-1.4
41 CFR § 60-4.3
Executive Order 11246
EQUAL OPPORTUNITY CLAUSE
During the performance of this contract, the Consultant agrees as follows:
(1) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant will take affamative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.
(3) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
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)
( 6) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) The Consultant will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs ( 1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subconsultant or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency the Consultant may request the United States to enter into such litigation to protect the interests of the United States.
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
1. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from which this contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S.
Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless ofrace);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).
2. Whenever the Consultant, or any subconsultant at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.
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3. If the Consultant is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Consultants shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Consultant or subconsultant participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Consultants or subconsultants toward a goal in an approved Plan does not excuse any covered Consultant's or subconsultant's failure to take good faith efforts to achieve the Plan goals and timetables.
4. The Consultant shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Consultant should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction Consultants performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed.
Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Consultant is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Consultant has a collective bargaining agreement to refer either minorities or women shall excuse the Consultant's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Consultant during the training period and the Consultant shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor.
7. The Consultant shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Consultant's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Consultant shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Consultant's employees are assigned to work. The Consultant, where possible, will assign two or more women to each construction project. The Consultant shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Consultant's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Exhibit B - Page 8
Consultant or its unions have employment opportunities available, and maintain a record of the organizations' responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Consultant by the union or, ifreferred, not employed by the Consultant, this shall be documented in the file with the reason therefore along with whatever additional actions the Consultant may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Consultant has a collective bargaining agreement has not referred to the Consultant a minority person or female sent by the Consultant, or when the Consultant has other information that the union referral process has impeded the Consultant's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Consultant's employment needs, especially those programs funded or approved by the Department of Labor. The Consultant shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Consultant's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Consultant in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions, including specific review of these items, with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
h. Disseminate the Consultant's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Consultant's EEO policy with other consultants and sub consultants with whom the Consultant does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the Consultant's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Consultant shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process.
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j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Consultant's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.
1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Consultant's obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction consultants and suppliers, including circulation of solicitations to minority and female consultant associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Consultant's EEO policies and affirmative action obligations.
8. Consultants are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts ofa contractor association,joint contractor union, contractor community, or other similar groups of which the Consultant is a member and participant may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Consultant actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Consultant's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Consultant. The obligation to comply, however, is the Consultant's and failure of such a group to fulfill an obligation shall not be a defense for the Consultant's noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The Consultant, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority.
Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the Consultant has achieved its goals for women generally), the Consultant may be in violation of the Executive Order if a specific minority group of women is underutilized.
10. The Consultant shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.
11. The Consultant shall not enter into any subcontract with any person or firm debatTed from Government contracts pursuant to Executive Order 11246.
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12. The Consultant shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any consultant who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.
13. The Consultant, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity.
If the Consultant fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR part 60-4.8.
14. The Consultant shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status ( e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Consultants shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents ( e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
Bll FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE} 29 USC § 201, et seq
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.
The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Consultant must address any claims or disputes that arise from this requirement directly with the U.S.
Department of Labor - Wage and Hour Division.
B12 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
31 USC§ 1352 - Byrd Anti-Lobbying Amendment
2 CFR part 200, Appendix ll(J)
49 CFR part 20, Appendix A
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Exhibit B - Page 11
CERTIFICATION REGARDING LOBBYING
The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
B13 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
29 CFR part 1910
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subconsultant's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor - Occupational Safety and Health Administration.
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B14 TAX DELINQUENCY AND FELONY CONVICTIONS
CERTIFICATION OF OFFEROR/BIDDER REGARDING TAX DELINQUENCY AND
FELONY CONVICTIONS
The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark ( ✓) in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.
Certifications
1) The applicant represents that it is ( ) is not ( ✓) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 2) The applicant represents that it is ( ) is not ( ✓) is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months.
Note
If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government's interests. The applicant therefore must provide information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports District Office, which will then notify the agency's SDO to facilitate completion of the required considerations before award decisions are made.
Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twentyfour (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 u.s.c. § 3559.
Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
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)
815 TERMINATION OF CONTRACT
2 CFR § 200 Appendix 11(8)
FAA Advisory Circular 150/5370-10, Section 80-09
TERMINATION FOR CONVENIENCE (PROFESSIONAL SERVICES)
The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the Owner, the Consultant must immediately discontinue all services affected.
Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
TERMINATION FOR DEFAULT (PROFESSIONAL SERVICES)
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach.
The terminating party must provide the breaching party [7] days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by Owner: The Owner may terminate this Agreement in whole or in part, for the failure of the Consultant to:
1. Perform the services within the time specified in this contract or by Owner approved extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project; or
3. Fulfill the obligations of the Agreement that are essential to the completion of the Project.
Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services.
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Owner further agrees to hold Consultant harmless for errors or om1ss10ns in documents that are incomplete as a result of the termination action under this clause.
If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner.
b) Termination by Consultant: The Consultant may terminate this Agreement in whole or in part, if the Owner:
I. Defaults on its obligations under this Agreement;
2. Fails to make payment to the Consultant in accordance with the terms of this Agreement;
3. Suspends the Project for more than [180] days due to reasons beyond the control of the Consultant.
Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Owner's breach of the contract.
In the event of termination due to Owner breach, the Engineer is entitled to invoice Owner and to receive full payment for all services petformed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner agrees to hold Consultant haimless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
B16 TRADE RESTRICTION CERTIFICATION
49 USC § 50104
49 CFR part 30
TRADE RESTRICTION CERTIFICATION
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror -
1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Exhibit B - Page 15
)
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.
The Offeror/Consultant must provide immediate written notice to the Owner if the Offeror/Consultant learns that its certification or that of a subconsultant was erroneous when submitted or has become erroneous by reason of changed circumstances. The Consultant must require subconsultants provide immediate written notice to the Consultant if at any time it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subconsultant:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subconsultants are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system ofrecords in order to render, in good faith, the certification required by this provision. The knowledge and information of a Consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Consultant may rely on the certification of a prospective subconsultant that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Consultant or subconsultant knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Exhibit B - Page 16
RESOLUTION NO. 23-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA APPROVING AMENDMENT NO. 1 TO AIRPORT ENGINEERING
AND CONSTRUCTION MANAGEMENT SERVICES AGREEMENT BETWEEN
THE CITY OF MADERA AND BRANDLEY ENGINEERING, INC.
WHEREAS, the City of Madera("City") has a need to secure airport engineering and construction management services from a qualified professional; and WHEREAS, the City entered into an Agreement for Airport Engineering and Construction Management Services (the "Agreement") with Reinard W. Brandley Consulting Airport Engineers on March 4, 2020; and
WHEREAS, the City assigned the agreement to Brandley Engineering, Inc. ("Brandley Engineering") due to a name change and change in business structure; and WHEREAS, the Agreement allows for annual extensions not to exceed two years; and WHEREAS, the Agreement limits price increases for extensions; and WHEREAS, the Agreement expired on March 4, 2023, and the Parties wish to extend the Agreement; and
WHEREAS, the proposed extension of the Agreement also calls for rate increases for Per Diem from $175 per day to $208 per day and the mileage from $40 per day plus CS8 per mile to $40 per day plus C65 per mile and fees for newly created positions within Brandley Engineering.
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 approves Amendment No. 1 to Airport Engineering and Construction Management Services Agreement with Brandley Engineering Inc. which is attached hereto as Exhibit 1 and incorporated by reference.
3. The Mayor of the City of Madera is authorized to execute the Agreement and any and all documents necessary to effectuate the Agreement on behalf of the City.
4. This resolution is effective immediately upon adoption. * * * *
PASSED AND ADOPTED by the City Council of the City of Madera this 15th day of March 2023 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
Mayor Garcia, Councilmembers Gallegos, Rodriguez, Montes, Evans, Mejia and Villegas.
None.
None
None.
APPROVED:
AMENDMENT NO. 1 TO AIRPORT ENGINEERING AND CONSTRUCTION MANAGEMENT
SERVICES AGREEMENT BETWEEN THE CITY OF MADERA
AND BRANDLEY ENGINEERING, INC.
This Amendment No. 1 to Airport Engineering and Construction Management Services Agreement is made by and between the CITY OF MADERA, a municipal corporation of the State of California, hereinafter referred to as "City", and Brandley Engineering, Inc. an S corporation that is located on 6125 King Road, Suite 201, Loomis, CA 95650, hereinafter referred to as "Service Provider."
RECITALS
WHEREAS, City and Service Provider entered an Airport Engineering and Construction Management Services Agreement ("Agreement") for professional services effective on March 4, 2020;and
WHEREAS, at the time of the Agreement, Brandley Engineering Inc. was formerly known as Reinard W. Brandley Consulting Airport Engineers; and WHEREAS, the City approved assignment of the Agreement to Brandley Engineering Inc. on March 17th, 2021 as only the name and business structure had changed; and WHEREAS, the Parties wish to extend the Agreement and amend certain rates in the Agreement.
AGREEMENT
SECTION 1. Section 3.1 of the Agreement titled "Fees" is amended by adding subsection B thereto to read as follows:
B. Fee Schedule Effective on March 4, 2023
Personn~I Rate
Principal Engineer $300/Hour
Senior Engineer $180/Hour
Resident Engineer $184/Hour
Junior Engineer $120/Hour
Senior Inspector $123/Hour
Senior Drafter $120/Hour
Junior Drafter $92/Hour
Apprentice $95/Hour
Project Administrator $100/Hour
Clerical $76/Hour
Laboratory Technician $90/Hour
Laboratory Apprentice $SO/Hour
Per Diem Travel $208/Day
Vehicle Rental $40.00/Day+$.065
/Mile
Outside Consultants Cost+ 10%
Topographic Surveys, Geotechnical Drilling,
Testing Laboratories, etc.
Section 2. Section 4 of the Agreement titled ''Term of Agreement" is amended by adding the following paragraph to the end of that Section to read as follows:
Notwithstanding the foregoing, the Parties agree to extend the term of the Agreement through March 4, 2024. All other provisions is the foregoing paragraph shall remain in full force and effect.
SECTION 3. Except as amended by this Amendment No. 1, , all other terms and conditions of the Agreement shall remain in full force and effect.
SECTION 4. This Amendment No. 1 shall be effective on March 4, 2023.
SIGNATURES ON NEXT PAGE
CITY OF MADERA
A municipal corporation of
the State of California
Santos Garcia,
Date: -----=-{13=-p,. '[;"'-'- - ~1+=/~c.....:...8 _ __ _ / 1 ATTEST:
By: ~ ~ ~ -
Ah a Gonzales, City ~
Date: __ 4 L.._ / I '1_\ ~- ~--- -
BRANDLEY ENGINEERING INC.
By : ~ s. &i-i,~l~
Melissa Brandley, CFO & Se6etary
APPROVED AS TO FORM:
Hilda Cantu Montoy, C~ ey
Date: _ _1:(Yf ~ /t...:... 1:::...J Oj:....:..... .R.-=---:3~ - --- Airport Consulting Services Contract –
Task Order No. 1
CITY OF MADERA
TASK ORDER NO. 1
TO
AIRPORT ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES
AIRFIELD DRAINAGE IMPROVEMENTS
MADERA MUNICIPAL AIRPORT
AIP NO. 3-06-0144-029-2020
THIS Task Order No. 1 is issued by the City of Madera, acting by and through its Department of Public Works (“Department”) to Reinard W. Brandley, Consulting Airport Engineers (hereinafter “Consultant”). It is issued pursuant to the Agreement entered by the Parties per Airport Engineering and Construction Management Services Agreement.
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. INCORPORATION OF AIRPORT ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES dated March 4, 2020. This Task Order hereby incorporates by reference all terms and conditions set forth in the Airport Engineering and Construction Management Services Agreement for this project, unless specifically modified by this Task Order.
2. SCOPE OF SERVICES. CONSULTANT shall perform the services described in Exhibit “A” attached hereto and incorporated herein by reference.
3. TIME OF PERFORMANCE. CONSULTANT shall commence performance,and shall complete all required services no later than the dates set forth in Exhibit “A”.
4. COMPENSATION. For services performed by CONSULTANT in accordance with this Task Order, CITY shall pay CONSULTANT, a Not to Exceed amount of $111,000 as set forth in Exhibit “B”.
5. SIGNATURES. The individuals executing this Task Order represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Task Order on behalf of the respective legal entities of the CONSULTANT and the CITY. This Task Order shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
6. ATTACHMENTS. All attachments referred to are incorporated and made part of the Task Order. Attachments include:
Attachment “A” – Scope of Work
Attachment “B” – Breakdown of Engineering Fees
Airport Consulting Services Contract –
Task Order No. 1
IN WITNESS WHEREOF the parties do hereby agree to the full performance of the terms set forth herein.
CITY OF MADERA CONSULTANT
________________________Date:______ _________________________Date:______ Dan Foss, Operations Director Reinard W. Brandley
Department of Public Works Consulting Airport Engineer
11/10/20
11/10/2020
EXHIBIT A
MADERA MUNICIPAL AIRPORT – MADERA, CALIFORNIA
AIRFIELD DRAINAGE IMPROVEMENTS
SCOPE OF WORK
A Grant Agreement under the Federal Aviation Administration Airport Improvement Program has – AIP No. 3-06-0144-029-2020 - been executed for the Engineering Design of an upgrade to the airfield drainage at the Madera Municipal Airport. A description of this project is as follows:
The major drainage from the airport, including runways, taxiways, aprons, and tee hangar areas, carries the storm water into a ditch and pipe drainage system in the infield between Runway 12-30 and Taxiway P. This storm water is then carried under the runway and drains into a swale through the golf course to a detention pond located at the southwest corner of the golf course.
The soil in this detention pond is very permeable and all drain water from the airport and golf course that is delivered to this pond quickly percolates into the ground. The detention pond has adequate capacity to accommodate all drainage from the golf course and the fully developed airport.
The swale through the golf course is through relatively impervious soil and minor amounts of storm water percolate into the ground in this area. The golf course swale is of inadequate size to accommodate the storm water created by the current development, including the airport and golf course, and is unable to accept future development of the airport even though the detention pond has adequate capacity for all the anticipated drain water. Current storm water carried through the golf course creates serious flooding of the golf course and additional development on the airport will increase the problems with golf course flooding. It is proposed to relocate the discharge system from the airport to a separate drainage ditch and pipe system that will ultimately discharge into the same detention pond. This drainage system will be placed on the southeast side of the existing orchard immediately adjacent to the abandoned taxiway that leads from the apron to the threshold of Runway 8. Runway 8-26 is currently in the process of being permanently closed and abandoned pending construction of runway closure markings, which are scheduled for the near future, and amendment of the Caltrans permit.
The work performed under this proposed AIP grant will be the engineering design up through preparation of plans and specifications, engineer’s estimate, and engineer’s report only.
The funding for the construction of this project will be requested for 2021. The estimated construction cost of this project is $800,000.
The engineering design of this project will be performed as follows:
Engineering Design and Preparation of Plans and Specifications 1) Perform environmental studies – Cat Ex with Biological Resources Assessment
2) Perform topographic surveys.
3) Perform geotechnical studies of the new storm water facilities 4) Perform complete engineering design.
5) Prepare complete plans and specifications for this project, ready for bid Madera Municipal Airport Scope of Work
2020 Airport Improvement Program - Design Page 2
Airfield Drainage Improvements
6) Prepare Engineer’s Report including engineer’s estimate of construction costs for the proposed project, Construction Safety and Phasing Plan, and Construction Management Plan.
Consultant will complete all work included in the Scope of Work within 5 months of receipt of authorization to proceed from the City.
Environmental Document - Categorical Exclusion
NEPA Project Manager 61 Hrs. @ $140 $ 8,540.00
Biologist/Botanist 46 Hrs @ $130 5,980.00
Cultural Resources 32 Hrs @ $140 4,480.00
Design Engineer 10 Hrs. @ $150 1,500.00
Project Administrator 5 Hrs. @ $90 450.00
Total Environmental Documentation $ 20,950.00
Use $ 21,000.00
Topographic Surveys
2 Man Survey Crew 45 Hrs @ $225 $ 10,125.00
Cadd Operator 20 Hrs. @ $105 2,100.00
Senior Drafter 8 Hrs. @ $100 800.00
Total Topographic Surveys $ 13,025.00
Use 13,000.00
Geotechnical Studies
Mobilization/Demobilization Lump Sum $ 1,500.00
Drill - 2-Man Crew 16 Hrs. @ $235 3,760.00
Per Diem (Per Crew, Per Day) 2 Days @ $500 1,000.00
Senior Engineer - On Site 23 Hrs. @ 180 4,140.00
Principal Engineer - Lab 3 Hrs. @ $250 750.00
Senior Engineer - Lab 5 Hrs. @ $180 900.00
Senior Lab Technician 8 Hrs. @ $110 880.00
Total Geotechnical Studies $ 12,930.00
Use 13,000.00
Engineering Design:
Engineering Services up through Preparation of Plans, Specifications, and Reports Principal Engineer 20 Hrs @ $250 $ 5,000.00
Design Engineer 100 Hrs. @ $180 18,000.00
Junior Engineer 80 Hrs. @ $120 9,600.00
Senior Drafter 140 Hrs. @ $110 15,400.00
Junior Drafter 50 Hrs @ $90 4,500.00
Project Administrator 50 Hrs. @ $100 5,000.00
Clerical 40 Hrs. @ $70 2,800.00
Mileage 3,000 Miles @ $0.54 1,620.00
Miscellaneous - Printing, Shipping, etc. 2,000.00
Total Engineering Design $ 63,920.00
Use 64,000.00
Total Engineering Costs $ 111,000.00
EXHIBIT B
Engineering Costs
Airfield Drainage Improvements
MADERA MUNICIPAL AIRPORT
MADERA, CALIFORNIA
BREAKDOWN OF ENGINEERING FEES
Estimated Total Future Construction Costs $800,000
Q:\83 MADERA\AGREEMNT\2020\Exhibit B - Cost Proposal - MAE Drainage Design.xlsx 11/10/2020 Airport Consulting Services Contract –
Task Order No. 2
CITY OF MADERA
TASK ORDER NO. 2
TO
AIRPORT ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES
PAVEMENT MAINTENANCE MANAGEMENT PLAN (PMMP)
MADERA MUNICIPAL AIRPORT
AIP NO. 3-06-0144-___-2021
THIS Task Order No. 2 is issued by the City of Madera, acting by and through its Department of Public Works (“Department”) to Brandley Engineering, Inc. (hereinafter “Consultant”). It is issued pursuant to the Agreement entered by the Parties per Airport Engineering and Construction Management Services Agreement.
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. INCORPORATION OF AIRPORT ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES dated March 4, 2020. This Task Order hereby incorporates by reference all terms and conditions set forth in the Airport Engineering and Construction Management Services Agreement for this project, unless specifically modified by this Task Order.
2. SCOPE OF SERVICES. CONSULTANT shall perform the services described in Exhibit “A” attached hereto and incorporated herein by reference.
3. TIME OF PERFORMANCE. CONSULTANT shall commence performance and shall complete all required services no later than the dates set forth in Exhibit “A”.
4. COMPENSATION. For services performed by CONSULTANT in accordance with this Task Order, CITY shall pay CONSULTANT, a Not to Exceed amount of $105,000 as set forth in Exhibit “B”.
5. SIGNATURES. The individuals executing this Task Order represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Task Order on behalf of the respective legal entities of the CONSULTANT and the CITY. This Task Order shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
6. ATTACHMENTS. All attachments referred to are incorporated and made part of the Task Order. Attachments include:
Attachment “A” – Scope of Work
Attachment “B” – Breakdown of Engineering Fees
Airport Consulting Services Contract –
Task Order No. 2
IN WITNESS WHEREOF the parties do hereby agree to the full performance of the terms set forth herein.
CITY OF MADERA CONSULTANT
________________________Date:______ _________________________Date:______ Dan Foss, Operations Director Melissa S. Brandley, P.E.
Department of Public Works Secretary/CFO
EXHIBIT A
MADERA MUNICIPAL AIRPORT – MADERA, CALIFORNIA
PAVEMENT MAINTENANCE MANAGEMENT PLAN (PMMP)
SCOPE OF WORK
The City of Madera has submitted an application for Federal Aviation Administration Airport Improvement Program funds for a Pavement Maintenance Management Plan (PMMP) proposed to be included in the 2021 Airport Improvement Program for the Madera Municipal Airport. A description of this project is as follows:
The F.A.A. has a requirement for the Sponsor, in order to remain eligible for Federal funding, to prepare and maintain an updated copy of the Pavement Maintenance/Management Plan (PMMP) for the airport. The last PMMP prepared for the Madera Municipal Airport was in 2014.
In this project a comprehensive PMMP is proposed. This will include pavement condition surveys to identify surface deterioration conditions and non-destructive load tests to be used with fatigue analysis methodologies to determine deep-seated distress and remaining pavement life.
This type PMMP will provide schedule and type of maintenance and/or reconstruction required to extend the life of the pavement sections at least 20 years using forecast traffic. The results of the PMMP will also include estimated maintenance and reconstruction costs so that the Sponsor and F. A. A. can evaluate timing and type of reconstruction/rehabilitation and/or maintenance required to maintain the pavements in a safe operating condition. The 2014 PMMP indicated that a runway rehabilitation project would be needed in the next 1 to 3 years. The results of this study will identify any needed rehabilitation for the runway project and any other identified pavement needs.
A complete and detailed Pavement Maintenance Management Plan/Pavement Evaluation Study will include six major elements as listed below:
a. Pavement Condition Index (PCI) Determination
Pavements show distress and/or failure due to weathering, other environmental effects, age, traffic, and lack of maintenance. These distresses generally show up in the form of cracking, shoving, spalling, rutting, or other surface defects. A detailed visual inspection will be made of all pavements. The scope of investigation will be performed as set forth in ASTM D5340, Airport Pavement Condition Index Surveys.
Once these surveys are complete, Pavement Condition Indexes will be assigned to each section of pavement.
b. Deep-Seated Distress
Deep-seated distress is a result of traffic passing over the pavement section and is a function of the type of traffic (impact or static loads), the load on the tire, and the number of aircraft coverages. Deep-seated distress ultimately leads to total failure of the section including critical subgrades or subsoils. These failures are generally exhibited as rutting and map cracking within the ruts for flexible pavements and slab shattering, cracking, or deflections in rigid pavements. The failure is generally a fatigue-type failure and is a function of the type of load and number of coverages. The Brandley Fatigue Analysis methodology and the FAA FAARFIELD methodology will Madera Municipal Airport Scope of Work
2021 Airport Improvement Program Page 2
Pavement Maintenance Management Plan
be utilized to predict time of failure under fatigue loading. Non-destructive testing will be conducted to obtain the necessary basic data to evaluate these pavements. On areas where deep-seated distress analysis is required, all pavements are tested with the falling weight deflectometer with the spacing of the tests being 100 to 200 feet. c. Traffic Determination and Forecasts
In evaluating airfield pavements for deep-seated distress it is the number of coverages of each wheel on each aircraft over a given point of pavement that contributes to the deep-seated distress on or near that section of pavement. A determination of the current and forecast traffic at the airport will be made for traffic on each segment of airfield pavement based on the Airport’s traffic records and forecasts. d. Analysis and Recommendations
Based on the surface distress surveys and the deep-seated distress analysis, forecast pavement life is evaluated, time and type of strengthening or rehabilitation or reconstruction of each section is ascertained, different types of strengthening, overlaying, or reconstruction are analyzed and cost benefit analyses are conducted.
Recommended procedures for rehabilitation are then made for each section, including the time and type of repair and rehabilitation required. For rigid pavements it is important to determine the stress under load in the pavement section itself to determine the adequacy of the concrete section and estimated time of failure. It is also important to evaluate load-transfer of the joints and deep-seated distress using the Fatigue Analysis methodology. Once this is completed, then analyses are conducted to determine the most cost-effective rehabilitation and the schedule that this rehabilitation work should be performed. The evaluations conducted will not only provide recommendations for strengthening and rehabilitating pavement sections but will also provide recommendations for maintenance work required to extend the life of the pavements and improve riding and operating conditions for the pavements. e. Rehabilitation Costs
After the analysis and recommendations have been prepared for maintenance and rehabilitation, then preliminary cost analyses will be conducted to determine the estimated cost of the recommended maintenance and rehabilitation. These data can be used to establish maintenance and rehabilitation budgets for the airport. f. Pavement Maintenance Management Program (PMMP) Report A PMMP report will be prepared that summarizes all data obtained in the PCI determination, PCN, deep-seated distress study, traffic forecasts, and the analysis and recommendations derived from these data. The report will include a detailed pavement rehabilitation plan and schedule including estimated budgets.
Consultant will complete all work included in the Scope of Work within one year of receipt of authorization to proceed from the City.
Hours Rate Total
Falling Weight Deflectometer Testing
Mobilization (From Ventura, CA) 8.0 237 $ 1,896 $
HWD Testing 2 Days 3,300 5,728
Equipment Set Up 2.0 110 220
Per Diem 3 Days 227 681
Photos - Lump Sum 500
Project Management 6.0 232 1,392
Senior Engineer 18.0 180 3,240
Mileage 340.0 0.58 197
Per Diem - Senior Engineer 1.0 175 175
Total Falling Weight Deflectometer Testing $ 14,029
Pavement Condition Index (PCI)
Surface Condition Survey 20.0 180.00 $ 3,600 $
Evaluation of Data 16.0 180.00 2,880
Per Diem 2.0 175.00 350
Mileage 340.0 0.58 197
Total PCI $ 7,027
Engineering Analysis and Report
Principal Engineer 35.0 300.00 $ 10,500 $
Senior Engineer 300.0 180.00 54,000
Junior Engineer 150.0 120.00 18,000
Project Administrator 10.0 100.00 1,000
Clerical 5.0 75.00 375
Total Engineering & Report $ 83,875
TOTALS 104,931 $
TOTALS - Use $ 105,000
EXHIBIT B
MADERA MUNICIPAL AIRPORT
CITY OF MADERA, CALIFORNIA
PAVEMENT MAINTENANCE MANAGEMENT PLAN (PMMP)
BREAKDOWN OF ENGINEERING FEES
Staff
Total
Q:\83 MADERA\AGREEMNT\2021\Task Order\Exhibit B - Cost Proposal - MAE PMMP 3/18/2021
EXHIBIT A
MADERA MUNICIPAL AIRPORT – MADERA, CALIFORNIA
AIRFIELD DRAINAGE IMPROVEMENTS – CONSTRUCTION MANAGEMENT
SCOPE OF WORK
An Application has been filed for a Grant Agreement under the Federal Aviation Administration Airport Improvement Program for the construction of an upgrade to the airfield drainage at the Madera Municipal Airport. A description of this project is as follows:
The major drainage from the airport, including runways, taxiways, aprons, and tee hangar areas, carries the storm water into a ditch and pipe drainage system in the infield between Runway 12-30 and Taxiway P. This storm water is then carried under the runway and drains into a swale through the golf course to a detention pond located at the southwest corner of the golf course.
The soil in this detention pond is very permeable and all drain water from the airport and golf course that is delivered to this pond quickly percolates into the ground. The detention pond has adequate capacity to accommodate all drainage from the golf course and the fully developed airport.
The swale through the golf course is through relatively impervious soil and minor amounts of storm water percolate into the ground in this area. The golf course swale is of inadequate size to accommodate the storm water created by the current development, including the airport and golf course, and is unable to accept future development of the airport even though the detention pond has adequate capacity for all the anticipated drain water. Current storm water carried through the golf course creates serious flooding of the golf course and additional development on the airport will increase the problems with golf course flooding. It is proposed to relocate the discharge system from the airport to a separate drainage ditch and pipe system that will ultimately discharge into the same detention pond. This drainage system will be placed on the southeast side of the existing orchard immediately adjacent to the abandoned taxiway that leads from the apron to the threshold of the closed Runway 8. Runway 8-26 was closed and abandoned on February 3, 2020.
The work performed under this proposed AIP grant will be the engineering during bid and award, engineering during construction and project closeout, and construction management of the project. The funding for the construction of this project has been requested for 2022. The asbid construction cost of this project is $1,042,095.
DBE Program and Goal Calculation – FAA requires airports to have a current DBE program if they receive $250,000 or more in AIP funding during a Federal fiscal year. Each DBE program is valid for 3 years. Madera’s last DBE program was created in 2017 and is more than three years old and requires an update including incorporating new FAA requirements established in 2018.
This will include preparation of a Disadvantaged Business Enterprise (DBE) Program and goal calculation as required by 49 CFR Part 26. This is included in the engineering scope under this task order.
The engineering of this project will be performed in three phases, as follows:
a. Project Scoping
DBE Program and Goal Calculation
Madera Municipal Airport Exhibit A - Scope of Work
2022 Airport Improvement Program Page 2
Airfield Drainage Improvements –
Construction Management
b. Engineering Support During Bidding and Contract Award 1) Assist City in printing and distributing final plans and specifications to prospective contractors.
2) Participate in a pre-bid meeting for all prospective contractors. 3) Respond to any questions and comments from prospective contractors. 4) Preparation of required addenda.
5) Assist City in awarding contract including preparation of Abstract of Bids, evaluation of bids, and preparation of application for AIP funding. c. Engineering Design Services During Construction and Project Closeout 1) Participate in a pre-construction conference.
2) Provide engineering surveillance of all construction operations, including attendance at weekly construction meetings, preparation of any change orders required, preparation of contractor pay estimates, preparation of F.A.A. reimbursement requests, review of all contractor submittals, and preparation of final as-constructed drawings and final engineer’s report.
The engineering design services during construction will be conducted during the entire construction phase of the work. Final record drawings and engineer’s report will be prepared within 30 calendar days of receipt of contractor’s final redline drawings and quality control test results.
d. Construction Management - The Contractor will be required to furnish material submittals for all materials proposed for use on the project, provide all Quality Control Testing and Inspection during the construction of this project, and meet all requirements of the plans and specifications.
The Engineer will provide all Quality Assurance Testing and Inspection, which will include the following:
1) Furnish qualified Resident Engineer to review and monitor all construction activities.
2) Provide all testing and inspection required as included in the quality assurance program including providing technicians and inspectors as required.
3) Provide surveying services as required.
4) Provide traffic safety inspectors and Safety Plan implementation. 5) Review and approve all contractor’s quality control testing and inspection.
Madera Municipal Airport Exhibit A - Scope of Work
2022 Airport Improvement Program Page 3
Airfield Drainage Improvements –
Construction Management
The construction management and testing work will be performed during the total time that construction occurs.
Project Formulation - DBE Program and Goal
DBE Specialist Subconsultant $ 11,000.00
Principal Engineer 3.5 Hrs. @ $ 300.00 1,050.00
$ 12,050.00
Total - Project Formulation - DBE Program and Goal Use $ 12,100.00 Engineering Support During Bidding and Contract Award
Principal Engineer 16.0 Hrs. @ $ 300.00 $ 4,800.00
Senior Design Engineer 10.0 Hrs. @ 180.00 1,800.00
Junior Engineer 8.0 Hrs. @ 120.00 960.00
Project Administrator 10.0 Hrs. @ 100.00 1,000.00
Clerical 5.0 Hrs. @ 75.00 375.00
Mileage 330.0 Miles @ 0.58 191.40
Postage and Other Expenses 1,000.00
Total - Bidding and Contract Award $ 10,126.40
Use 10,000.00
Engineering Design During Construction and Final Project Closeout Principal Engineer 100.0 Hrs. @ $ 300.00 $ 30,000.00
Senior Engineer 60.0 Hrs. @ 180.00 10,800.00
Senior Drafter 70.0 Hrs. @ 120.00 8,400.00
Project Administrator 80.0 Hrs. @ 100.00 8,000.00
Clerical 30.0 Hrs. @ 75.00 2,250.00
Mileage 1,000.0 Miles @ 0.58 580.00
Total - Engineering During Construction $ 60,030.00
Use 60,000.00
Construction Management (45 working days)
Resident Engineer
Regular Hours 458.0 Hrs. @ $ 180.00 $ 82,440.00
Overtime Hours 90.0 Hrs. @ 270.00 24,300.00
Inspector
Regular Hours 50.0 Hrs. @ 180.00 9,000.00
Overtime Hours 20.0 Hrs. @ 270.00 5,400.00
Apprentice
Regular Hours 72.0 Hrs. @ 95.00 6,840.00
Overtime Hours 18.0 Hrs. @ 142.50 2,565.00
Certified Asphalt Testing Lab 5,000.00
Certified Concrete Testing Lab 10,000.00
Vehicle Rental 50.0 Days @ 40.00 2,000.00
Mileage 3,300.0 Miles @ 0.58 1,914.00
Per Diem 40.0 Days @ 210.00 8,400.00
Total - Construction Management $ 157,859.00
Use 158,000.00
Total Engineering $ 240,100.00
Airfield Drainage Improvements
Standard Rates
Standard Rates
EXHIBIT B
MADERA MUNICIPAL AIRPORT
MADERA, CALIFORNIA
AIRFIELD DRAINAGE IMPROVEMENTS - CONSTRUCTION MANAGEMENT
BREAKDOWN OF ENGINEERING FEES
Q:\83 MADERA\AGREEMNT\2022\Exhibit B - Cost Proposal - MAE Drainage Construct with DBE.xlsx 6/7/2022
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: April 15, 2026
_________________________________ Agenda Number: ___________ Harpiar Gandhi, Public Works Ops Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Caltrans Division of Aeronautics Annual Credit Program Funds RECOMMENDATION:
Adopt a Resolution:
1. Authorizing the acceptance of $10,000 in FY 2025/26 Annual Credit Program funds from the Caltrans Division of Aeronautics; and
2. Authorizing the City Manager, or designee, to execute and submit all required documents, including the Disbursement Request (Form DOA-0009) and any required certifications.
SUMMARY:
The City of Madera Municipal Airport is eligible to receive $10,000 in funding under the California Department of Transportation (Caltrans) Division of Aeronautics Annual Credit Program for Fiscal Year (FY) 2025/26.
The program provides flexible state funding for airport operations, maintenance, and eligible capital improvements. Staff recommends that the City Council authorize acceptance of the funds and submission of the required disbursement request.
BACKGROUND:
The Caltrans Division of Aeronautics administers the Annual Credit Program pursuant to the California Public Utilities Code and the State Aeronautics Act. The program provides annual funding allocations of up to $10,000 to eligible public-use, publicly owned general aviation airports that are not designated by the Federal Aviation Administration (FAA) as Commercial Service or Reliever airports.
B-17
RETURN TO AGENDA
To qualify, the airport sponsor must meet specific eligibility criteria, including:
Ownership by a public entity (city, county, or district) Operation of a public-use airport open without restriction Maintenance of a valid State airport permit
Adoption of operational controls and land use protections (including height restrictions) Establishment of a Special Aviation Fund to account for program revenues and expenditures
Annual certification of eligibility through Form DOA-0007 Annual Credit funds accrue at $10,000 per year and may be accumulated for up to five fiscal years for future use. Funds are held by Caltrans until requested by the sponsor. On April 7, 2026, the City was notified that the FY 2025/26 Annual Credit allocation of $10,000 is available for disbursement.
DISCUSSION:
To access the FY 2025/26 Annual Credit funds, the City must submit a Disbursement Request (Form DOA-0009) dated April 7, 2026, or later to the Caltrans Division of Aeronautics. Should the request be submitted on or after June 1, 2026, the City must also submit the FY 2026/27 Certification (Form DOA-0007) to maintain eligibility for the upcoming fiscal year.
Annual Credit funds may be used at the City’s discretion for airport and aviation purposes, including both capital and operational expenses. Eligible uses include, but are not limited to:
Runway, taxiway, and airfield improvements
Lighting, navigational aids, and marking systems
Security fencing and obstruction removal
Planning, engineering, and land acquisition
Matching funds for federal Airport Improvement Program (AIP) grants Airport operations and maintenance, including utilities, service vehicles, and personnelrelated costs General aviation support facilities such as fueling infrastructure, restrooms, and wash racks
The program does not require a local funding match, providing a cost-effective funding source to support airport operations and infrastructure. Annual Credit funds are subject to State audit requirements, and supporting documentation must be retained for a minimum of three years.
Additionally, if the airport is closed to public use for more than one year, a portion of previously expended funds may be subject to repayment, reduced incrementally over time.
Staff recommends submitting the disbursement request prior to June 1, 2026, to streamline processing and avoid additional certification requirements.
FINANCIAL IMPACT:
The City will receive $10,000 in revenue from the Caltrans Division of Aeronautics Annual Credit Program for FY 2025–26. Upon receipt, funds will be deposited into the Airport Fund (Special Aviation Fund) and used for eligible airport-related expenses. Acceptance of these funds will offset operational or capital costs and reduce reliance on local funding sources.
No adverse impact to the General Fund is anticipated.
ALTERNATIVES:
1. Decline to accept funding, resulting in forfeiture of the $10,000 Annual Airport Credit.
2. Direct Staff for additional information and to return to a subsequent meeting for consideration.
ATTACHMENTS:
1. Resolution
a. Exhibit A - Disbursement Request (Form DOT – 0009)
2. Caltrans Aeronautics Annual Credit Program Notification RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
ACCEPTING FISCAL YEAR 2025–26 ANNUAL CREDIT PROGRAM FUNDS
FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION DIVISION OF
AERONAUTICS AND AUTHORIZING SUBMITTAL OF A DISBURSEMENT
REQUEST
WHEREAS, the City of Madera owns and operates the Madera Municipal Airport, a publicuse general aviation airport; and WHEREAS, the California Department of Transportation (Caltrans), Division of Aeronautics, administers the Annual Credit Program pursuant to the California Public Utilities Code and State Aeronautics Act, which provides funding to eligible airports for airport and aviation purposes, including operations and maintenance; and WHEREAS, eligible airports may receive up to $10,000 annually under the Annual Credit Program, with funds accruing and available for disbursement upon request; and WHEREAS, the Madera Municipal Airport meets the eligibility requirements for the Annual Credit Program, including being publicly owned, open for public use, and not designated by the Federal Aviation Administration as a Commercial Service or Reliever airport; and WHEREAS, on April 7, 2026, the City was notified that $10,000 in Annual Credit Program funds for Fiscal Year 2025–26 has been made available for disbursement; and WHEREAS, the City is required to submit a Disbursement Request (Form DOA-0009) and maintain annual program certification (Form DOA-0007) to access and remain eligible for program funding; and
WHEREAS, the Annual Credit Program does not require a local funding match and provides a funding source to support airport operations, maintenance, and eligible capital improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Madera as follows:
1. The City Council hereby accepts $10,000 in Fiscal Year 2025–26 Annual Credit Program funds from the California Department of Transportation, Division of Aeronautics; and
2. The City Council authorizes the City Manager, or designee, to execute and submit all required documents necessary to obtain the funds, including the Disbursement Request (Form DOA-0009) and any required certifications; and
3. The City Manager, or designee, is further authorized to take all actions necessary to implement this resolution and administer the funds in accordance with applicable laws and program requirements, subject to approval by the City Attorney as to legal form for any agreements, if required.
4. This Resolution shall immediately take effect upon passage. *****
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
CALIFORNIA AID TO AIRPORTS PROGRAM (CAAP)
ANNUAL CREDIT DISBURSEMENT REQUEST
DOT DOA-0009 (REV 02/2026)
Americans with Disabilities Act (ADA) Notice: This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 711, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected].
PERSONAL INFORMATION NOTICE
Pursuant to the Federal Privacy Act (5 U.S.C, Section 552 et seq.) and the Information Practices Act of 1977 (IPA) (Civil Code Sections 1798 et seq.) declares that the right to privacy is a personal and fundamental right protected by the California and United States Constitutions. Please be advised that this form requests personal information. The term “personal information” means any information that is maintained by an agency that identifies or describes an individual, including, but not limited to, the individual’s name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It includes statements made by, or attributed to, the individual. (Civil Code, § 1798.3, subdivision (a).) Information Collection and Access: California law requires the following information to be provided when collecting information from individuals. (See, for example, Civil Code, § 1798.17.)
Agency Name and Division Within the Agency Requesting the Information:
California Department of Transportation, Division of Aeronautics Title of Official Responsible for Information Maintenance:
For more information, please contact the Office Chief for the Office of Technical Services & Programs at (916) 879-2965, in writing at Office of Technical Services & Programs, 1120 N Street, MS- 40, Sacramento, CA 95814, or by email at [email protected] Maintenance of the Information Authorized By:
Information Practices Act (Civil Code Section 1798 et seq.) Consequences of Not Providing All or Any Part of the Requested Information:
This information is mandatory. Failure to provide all information requested may result in processing delays.
Principal Purpose(s) for Which the Information Will Be Used:
The request for personal information is to facilitate processing this form and review eligibility for the program.
Known Disclosures:
The information shall be disclosed to authorized California Department of Transportation employees, the State Controller’s Office, Department of Treasury, and will remain confidential.
Right of Access to Records:
Individuals have the right to access information provided and may request a correction or deletion of records. Exceptions may include, but are not limited to, investigations and public transparency laws. Personal Information will only be disclosed as permitted by the Information Practices Act, Civil Code, §§ 1798–1798.83, or as otherwise required by law. To request access to, or to request correction or deletion of, information provided in this form you may contact the Official Responsible for Information Maintenance identified above.
Exhibit A
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
CALIFORNIA AID TO AIRPORTS PROGRAM (CAAP)
ANNUAL CREDIT DISBURSEMENT REQUEST
DOT DOA-0009 (REV 02/2026)
Americans with Disabilities Act (ADA) Notice: This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 711, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected].
PLEASE PRINT OR TYPE AND COMPLETE ALL APPLICABLE ITEMS
REQUEST FOR DISBURSEMENT
The (Public Entity)
requests $ from the account of (Airport Name)
in the County of Madera for expenditure solely on this airport during, fiscal year 2025/2026 . AIRPORT SIGNATURES
SIGNATURE
{{Sig1_es_:signer1:signature }}
DATE
{{Dte1_es_:signer1:date:format(mm/dd/yyyy)}} PRINT NAME TITLE
PHONE EMAIL
CONTACT NAME (IF DIFFERENT FROM ABOVE) CONTACT PHONE CONTACT EMAIL (List eligible items qualifying for disbursement)
EXPENDITURE DETAIL
$ Category
Request Funds Transfer to: (Receiving Airport)
DATE
{{Dte2_es_:signer1:date:format(mm/dd/yyyy)}} PRINT NAME TITLE
MAILING ADDRESS FOR PAYMENTS
SEND COMPLETED FORM TO:
[email protected]
SIGNATURE (Finance Officer)
{{Sig2_es_:signer2:signature }}
FINANCIAL CERTIFICATION
I hereby certify that the public entity will apply the funds in accordance with Public Utilities Code Section 21682 and the CAAP Regulations for the above stated purposes.
I agree that by providing my electronic signature for this form, I agree to conduct business transactions by electronic means and that my electronic signature is the legal binding equivalent to my handwritten signature. I hereby agree that my electronic signature represents my execution or authentication of this form, and my intent to be bound by it.
VERIFIED BY DATE
FOR AERONAUTICS USE ONLY
RECEIVED SERVICE PERIOD
FY 1 Amount FY 2 Amount FY 3 Amount FY 4 Amount FY 5 Amount $
Invoice:
$
Invoice:
$
Invoice:
$
Invoice:
$
Invoice:
From: "Montano, Shannon L@DOT" <[email protected]> Date: April 7, 2026 at 4:47:23 PM PDT
Subject: FY2025-26 Annual Credits - Notification of Award Hello and good evening,
I hope this email finds you all well! I would like to thank all of you for your patience while we completed the FY 2025-26 assessment of the Annual Credit Program.
The Annual Credit Program provides up to $10,000 to FAA Service Level General Aviation and Non-NPIAS airports for operations and maintenance support. I am happy to announce that each
qualifying airport has been credited the full $10,000, and it is now available for disbursement. I have attached the required forms for your convenience (Revisions in 01/2026 and 02/2026).
All Disbursement Requests (Form DOA-0009) must be dated April 7, 2026, or later. Please email all documents directly to
[email protected] for processing.
Disbursement Requests submitted on or after June 1, 2026, will also require the FY2026-27 Certification (Form DOA-0007) to establish program eligibility for the new fiscal year.
Please note that another form revision is currently in progress. The fields below on the DOA-0009 Disbursement Request are intended solely for sponsors who plan to transfer their credits to a different airport under their management. If this does not apply to you, kindly leave those sections blank. The upcoming version of the form will provide additional clarification regarding this matter.
You are receiving this message as a part of the Statewide distribution list for Aeronautics’ Grants and Loan Programs. This list is updated by request. Please notify me if you no longer wish to receive funding program updates, and forward to anyone who Attachment 2
may wish to request inclusion.
Thank you, and have a great day!
Shannon Montano, Funding Programs Manager
Department of Transportation
Division of Aeronautics
Office of Airport Development
[email protected]
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: April 15, 2026
_________________________________ Agenda Number: ___________ Harpiar Gandhi, Public Works Ops Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Waste Gas Burner/Flare Unit for the Digesters at the Wastewater Treatment Plant.
RECOMMENDATION:
Adopt a Resolution:
1. Authorizing a sole source purchase from Varec Biogas, a Division of Ovivo USA, LLC, for the procurement of a Varec 239 Waste Gas Burner/Flare Unit for the Wastewater Treatment Plant; and
2. Authorizing the City Manager, or designee, to execute a contract in an amount not to exceed $74,400, subject to approval as to form by the City Attorney and compliance with applicable City purchasing requirements.
SUMMARY:
The Wastewater Treatment Plant (WWTP) currently utilizes a Varec waste gas burner system as part of its digester gas management process. The waste gas burner is a critical safety component that combusts excess biogas generated by the anaerobic digesters, thereby preventing the accumulation of combustible gas and supporting safe plant operations.
The existing flare system is also a Varec 239-provided controls and associated safety components, including ignition assemblies, flame arrestors, pressure/vacuum relief devices, and automatic shutdown interlocks. Staff recommends procurement of the Varec 239 System from Varec Biogas, a Division of Ovivo USA, LLC, in the amount of $74,400, as a sole source purchase due to compatibility with the City’s existing digester gas management system and to avoid substantial redesign, permitting, and operational impacts associated with alternative systems.
BACKGROUND:
B-18
RETURN TO AGENDA
The WWTP anaerobic digestion process produces biogas that must be safely controlled and combusted when not otherwise used or when excess gas is generated. The waste gas burner serves as an essential safety and operational control device within this system.
The City’s current digester gas management infrastructure uses Varec equipment and associated controls. This includes integration with burner controls, ignition systems, flame monitoring devices, relief assemblies, and related equipment. As a result, the existing configuration is manufacturer-specific and functions as an integrated system rather than as a stand-alone burner component.
The Varec equipment currently in place has established the operating standard at the WWTP, and City operations staff are familiar with its operation, maintenance, and troubleshooting requirements.
It is noted that the proposed system is the same make and model as the existing unit. While Staff evaluated the option of installing a larger unit to accommodate potential future capacity, the proposed unit is sufficient to meet current and anticipated needs. Accordingly, a larger unit is not expected to be necessary for the foreseeable future, and staff recommends maintaining the same sized system.
DISCUSSION:
Staff is requesting authorization to enter into a sole source agreement with Varec Biogas, a Division of Ovivo USA, LLC, for the purchase of a Varec 239 Waste Gas Burner/Flare Unit for the following reasons:
1. Compatibility with Existing Systems
The proposed Varec 239 system is an in-kind replacement of the City’s existing Varecbased digester gas management system which includes controls, pilot ignition assemblies, flame scanners, pressure/vacuum devices, and automatic shutdown interlocks. Use of a different manufacturer would require substantial reconfiguration of the control system, electrical and instrumentation redesign, Supervisory Control and Data Acquisition (SCADA) modifications, and potential replacement or alteration of upstream gas-handling components and re-opening of the City’s existing permit with the San Joaquin Valley Air Pollution Control District (SJVAPCD).
2. Safety and Regulatory Considerations
The waste gas burner is a critical safety device in the digester gas system. Introducing a different manufacturer’s equipment would require additional engineering review to confirm compatibility with the existing gas train, controls, and safety systems. It would also trigger additional review related to permitting, inspection, and system certification.
Replacing with the same manufacturer and model helps maintain continuity in the system’s design basis and reduces implementation risk for a safety-critical application.
3. Operational Reliability and Staff Familiarity
Operations and maintenance staff are already trained on the existing Varec system, including startup, shutdown, routine maintenance, alarm response, and troubleshooting procedures. Maintaining a consistent manufacturer platform supports operational reliability, reduces the potential for operator error, and avoids the need for retraining on a different control philosophy or equipment configuration.
4. Cost Avoidance
Replacement with the same Varec 239 System avoids a range of potential costs that could arise from selecting a different manufacturer, including:
Engineering redesign and integration work;
Modifications to piping, structural supports, foundations, or electrical connections; Additional instrumentation and SCADA programming;
Additional permitting, review, and inspection requirements; Staff retraining; and
New spare parts inventory and maintenance procedures.
5. Sole-Source Justification
Because of the existing system’s manufacturer and model-specific integration, the need for compatibility with installed Varec controls and safety devices, and the operational and regulatory risks associated with changing equipment platforms in a safety-critical digester gas application, staff finds that replacement with the Varec 239 System is in the City’s best interest.
FINANCIAL IMPACT:
A total of $115,00 is allocated in the Fiscal Year 2025/26 Sewer Capital Outlay Budget for this project. The cost of the proposed system is $74,400, resulting in a remaining balance of approximately $40,600, which will be returned to the Sewer Fund.
ALTERNATIVES:
1. Decline to authorize sole-source standardization and instead direct staff to pursue a competitive procurement; however, this approach may involve additional engineering, integration, permitting, and training efforts, as well as potential schedule adjustments and implementation considerations.
2. Defer action and direct staff to return with additional information.
ATTACHMENTS:
1. Resolution
2. Proposal #102163 from Varec Biogas
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
AUTHORIZING SOLE-SOURCE STANDARDIZATION AND PROCUREMENT OF A VAREC 239 SYSTEM WASTE GAS BURNER/FLARE UNIT FOR THE
DIGESTER GAS MANAGEMENT SYSTEM AT THE CITY’S WASTEWATER
TREATMENT PLANT
WHEREAS, the City of Madera owns and operates a Wastewater Treatment Plant (“WWTP”) that utilizes anaerobic digesters to treat wastewater and generate biogas; and WHEREAS, WWTP utilizes a Varec waste gas burner system as part of its digester gas management process, which serves as a critical safety device to combust excess biogas and maintain safe and compliant operations; and
WHEREAS, the existing system is configured with Varec equipment and associated controls, resulting in a manufacturer-specific configuration designed for compatibility, safety, and reliability; and
WHEREAS, replacement with equipment from a different manufacturer would require modifications to existing controls, instrumentation and regulatory review, resulting in increased costs, potential downtime, and implementation risk; and WHEREAS, maintaining consistency with the existing manufacturer supports operational reliability, safety, and compliance with applicable regulatory standards; and WHEREAS, staff has determined that the Varec 239 Waste Gas Burner/Flare Unit is the only replacement model that is fully compatible with the City’s existing system and operational requirements without substantial additional cost and risk; and WHEREAS, the City’s Purchasing Procedures, as set forth in Madera Municipal Code Title II, Chapter 4, authorize sole-source procurement where standardization or compatibility with existing equipment is necessary and in the best interest of the City; and WHEREAS, the proposed purchase from Varec Biogas, a Division of Ovivo USA, LLC, in an amount not to exceed $74,400, represents a sole source procurement in the best interest of the City due to system compatibility, operational reliability, and cost avoidance; and WHEREAS, sufficient funds for the procurement of the Varec 239 System Waste Gas Burner/Flare Unit from Varec Biogas, a Division of Ovivo USA, LLC, in the amount of $74,400 are available in the Sewer Capital Outlay budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Madera as follows:
1. The recitals set forth above are true and correct and are hereby incorporated into this Resolution as substantive findings supporting sole-source standardization and procurement.
2. The City Council finds that the sole source purchase of a Varec 239 System Waste Gas Burner/Flare Unit is in the best interests of the City, as only that particular replacement model is compatible with existing equipment at the Wastewater Treatment Plant. Conversion to a different system would require substantial modification of adjacent functioning equipment and/or facilities, resulting in significant additional cost. The Varec system provides known compatibility and system integration, reducing the likelihood of partial or complete downtime, and represents a reliable solution for safety-critical operations.
3. The City Council authorizes the City Manager to enter into a contract with Varec Biogas, a Division of Ovivo USA, LLC, in the amount not to exceed $74,400, for the purchase of a Varec 239 System Waste Gas Burner/Flare Unit, subject to approval as to legal form by the City Attorney.
4. This Resolution shall immediately take effect upon passage. *****
1010
PROPOSAL NO. 102163 MARCH 10, 2026
PROPOSAL
Varec Biogas, a Division of Ovivo USA, LLC
15061 Springdale St., Suite 210,
Huntington Beach, CA 92649
www.varec-biogas.com
Jim Groman
(O): +1 714-220-9923
[email protected]
AREA REPRESENTATIVE
PREPARED FOR
CITY OF MADERA WWTP, CA
VAREC 239 SYSTEM
City of Madera WWTP
Coombs Hopkins Company
Brian Villacorta
E: [email protected]
P: 925 989-6041
NOTE
PREPARED BY
Randy Johnson
E: [email protected]
P: 209 484-5003
PROPOSAL NO. 102163
Varec Biogas, a Division of Ovivo USA, LLC |15061 Springdale St. #210 Huntington Beach, CA 92649 USA I Tel: 866.4.BIOGAS Iwww.varec-biogas.com CONFIDENTIAL 2
Varec Biogas is pleased to submit a proposal for the equipment, (“Scope of Supply”) on the project indicated above (the “Project”). This proposal, either in its original form or in its “as sold” format, constitutes Varec Biogas’s contractual offer of goods and services in connection with the Project. Please contact Varec Biogas’s sales representative in your area for any questions or comments you may have in connection with this proposal.
PRICING
US DOLLARS APPENDIX
Equipment, Total Price, Ex-works, Factory
TO BE PROVIDE BY
VAREC LOCAL SALES
REPRESENTATIVE
A
Field Service Installation Inspection, Commissioning, and StartUp Assistance and Operator Training (see below for description of included services)
Documentation
Freight Charges to Jobsite
TOTAL PRICE, FCA JOBSITE
The pricing provided above shall be in accordance with the equipment scope provided in the Appendix of this proposal. The scope of supply is derived from the contract documents and will comply where applicable to our scope as supplier of equipment. Our comments including clarification or exceptions to the applicable specification section are included in the appendix and shall form part of our proposal.
Varec Biogas scope of responsibility is limited to the equipment that it supplies and its ability to meet the agreed upon project specifications. Unless expressly stated in its proposal document, Varec Biogas is not responsible for a treatment plant’s process performance, engineering decisions in relation to the plant’s construction or operation nor the appropriateness or compatibility of Varec Biogas’ equipment within such plant.
DELIVERY
1. Varec Biogas will submit all submittal information required per Specification and when applicable for approval within 6-8 weeks after Purchaser’s receipt of Varec Biogas’s written acknowledgement of an approved purchase order.
2. Varec Biogas will provide response to any submittal comments within 4-6 weeks from date of receipt.
3. Varec Biogas intends to have the equipment scope of supply ready for shipment 24-28 weeks after receipt of approved drawings from Purchaser and formal release to fabrication/production.
4. Installation, Operation and Maintenance (IOM) Manuals will be submitted within 6-8 weeks after receipt of approved drawings and formal release to fabrication/production. This is to ensure that any information per the specification that can only be provided after production can be included.
5. Shipping terms are FCA Jobsite, unloading excluded.
6. The equipment, “Scope of Supply” proposed is provided in standard domestic packaging and is not intended for long term outdoor storage. The equipment should be stored indoors, in a cool and dry place.
Note that dates of document submission and shipment of the Scope of Supply in Appendix A represents Varec Biogas's best estimate, but is not guaranteed, and Varec Biogas shall not be liable for any damages due to late delivery. The Products shall be delivered to the delivery point or points in accordance with the delivery terms stated in this proposal.
If such delivery is prevented or postponed by reason of Force Majeure, as defined in Varec Biogas’s standard terms and conditions of sale, then Varec Biogas shall be entitled at its option to tender delivery to Purchaser at the point $74,400.00
PROPOSAL NO. 102163
Varec Biogas, a Division of Ovivo USA, LLC |15061 Springdale St. #210 Huntington Beach, CA 92649 USA I Tel: 866.4.BIOGAS Iwww.varec-biogas.com CONFIDENTIAL 3
or points of manufacture, and in default of Purchaser’s acceptance of delivery, to cause the Products to be stored at such a point or points of manufacture at Purchaser's expense. Such tender, if accepted, or such storage, shall constitute delivery for all purposes of this proposal. If shipment is postponed at request of Purchaser, or due to delay in receipt of shipping instructions, payment of the purchase price shall be due on notice from Varec Biogas that the Products are ready for shipment. Handling, moving, storage, insurance and other charges thereafter incurred by Varec Biogas with respect to the Products shall be for the account of Purchaser and shall be paid by Purchaser when invoiced.
CUSTOM BUILT AND/OR SPECIALTY REQUIREMENTS
For equipment that have custom or specialty requirements to meet contract, Varec Biogas shall be relieved of any clause covering time is of the essence or default that might be invoked on account of late delivery. So long as Varec Biogas is making a reasonable effort to complete the manufacture and shipment of the equipment, even though shipment is late, it shall not be considered in default, nor subject to damages, nor shall the order be subject to cancellation without payment of appropriate cancellation costs.
FIELD SERVICES
Field services are included in Varec scope of supply as follows:
A. One trip, one man, one day – Service during Performance Testing and Plant Startup: Manufacturer shall assist in the start-up of the equipment.
Varec Biogas will supply the service of a competent field representative to inspect the completed installation and adjustment of equipment, commissioning and start-up assistance of the equipment, and instruct Owner's personnel in the operation and maintenance of the “Scope of Supply” to comply with the requirements.
Notwithstanding Varec Biogas’ performance of the above-referenced services, Varec Biogas shall not be held liable for any faulty workmanship or other defects in the Products’ installation, or for other goods and/or services, performed by third parties unless such goods and/or services are expressly included under Varec Biogas scope of work.
1. The value paid for service will be invoiced with the shipped goods.
2. Varec Biogas requires a minimum of three-week advanced notification prior to the required onsite date. Varec service personnel are booked on a first come-first serve basis and subject to availability.
3. Field service will be scheduled upon Varec Biogas receipt of signed formal consent and our service engineer has qualified the equipment installation prior to the scheduled visit. This includes, but is not limited to, contractorsupplied wiring and piping for the equipment purchased, when and if applicable.
4. The Purchaser is responsible for coordinating with the Owner for the required training schedule and for complying with all milestone schedules or dates.
5. Varec Biogas requires two-week Cancellation notice for scheduled service and shall be subject to charges for any cost incurred plus 10% administrative fees.
6. If additional service is required, it will be furnished to the Purchaser and billed to him at the current rate for each additional day required, plus travel and lodging expenses incurred by the service personnel during the additional service days.
7. It shall be the Purchaser's responsibility to provide for all necessary lubrication of all equipment prior to placing equipment in operation. All equipment must be in operating condition and ready for the Field Service Engineer when called to the project location. Should the Purchaser/Owner not be ready when the Field Service Engineer is requested or if additional service is requested, the Varec Biogas current service rates will apply for each PROPOSAL NO. 102163
Varec Biogas, a Division of Ovivo USA, LLC |15061 Springdale St. #210 Huntington Beach, CA 92649 USA I Tel: 866.4.BIOGAS Iwww.varec-biogas.com CONFIDENTIAL 4
additional day required, plus travel and lodging expenses incurred by the service personnel during the additional service days.
AMERICAN IRON AND STEEL (AIS) ACT OF 2014, PA STEEL ACT, BUILD AMERICA BUY
AMERICA ACT (BABAA) REQUIREMENTS
None of the above requirements are considered in our scope. If required, it will be subject to additional price.
DISCLAIMER:
The Infrastructure Investment and Jobs Act signed into law on November 15, 2021, includes substantive changes to Buy America requirements compared to those specified in the preceding American Iron and Steel Act. While Varec Biogas fabricates and procures the vast majority of steel domestically for our equipment for the United States market, there are certain components that are either unavailable domestically or impractical to procure domestically through long-established supply chains, while meeting other project specifications, internal requirements, and project schedules. This challenge is further exacerbated by supply chain and labor shortages in pandemic and post pandemic times. As with previous legislation, we are awaiting any additional guidance for the US Environmental Protection Agency or other Agencies for further clarification relating to current Buy America requirements. As of now, the industry at large is unable to ascertain the parameters of the Buy America requirement. Thus, Varec Biogas cannot make any guarantee that its proposed scope of supply will be in compliance with any Buy America requirements under the Infrastructure Investment and Jobs Act. Accordingly, any offer for sale, proposal, or budgetary quote/estimate submitted by or on behalf of Varec Biogas should not be construed as meeting such Buy America requirements unless explicitly stated otherwise.
GENERAL ITEMS NOT INCLUDED
Unless specifically and expressly included in this proposal, the price quotation does not include:
1. Unloading, hauling, erection, installation
2. field wiring, including but not limited to conduit and conduit seals.
3. Lightning protection
4. Mounting hardware including, but not limited to studs, nuts, gaskets for the equipment proposed to connect to the gas piping or on the digester cover or tank connection.
5. When an emergency pressure relief cover is supplied, a horizontal and level connection is required and is excluded from our proposal. If the cover will mount to an existing opening, provide base dimensions including thickness at time of order placement.
6. Changes or adjustments to the pressure and vacuum settings for the Pressure/Vacuum Relief Valves and the relief manhole cover post-production release will incur additional charges.
7. Protection against corrosion due to unprotected storage.
8. Costs for Permits, licenses, inspections, witness tests.
9. Special engineering, or overall plant or system operating instructions or any other products or services not defined in our proposal or in the “Scope of Supply”.
10. Bonds of any kind
SURFACE PREPARATION AND PAINTING GENERAL INFORMATION
The equipment proposed is supplied in either aluminum or stainless steel. No special painting or field painting is included in the price provided for the “Scope of Supply”. Varec Biogas provides our standard procedure for surface finish for equipment constructed in stainless steel.
PROPOSAL NO. 102163
Varec Biogas, a Division of Ovivo USA, LLC |15061 Springdale St. #210 Huntington Beach, CA 92649 USA I Tel: 866.4.BIOGAS Iwww.varec-biogas.com CONFIDENTIAL 5
Varec Biogas will not be responsible for field painting.
ANCHORAGE, SUPPORT SYSTEMS
Anchor bolts, support systems, setting drawings, anchor bolt templates are not part of Varec's scope of supply.
CONNECTING PIPE FLANGES, BOLTS, GASKETS AND BASES
Connecting piping, flanges, valves, nozzles, fittings, wall spools, concrete, grout, sealant, dissimilar metal protection, field painting, oil or grease and lubricants are not included in our scope of supply.
INSULATION AND HEAT TRACING
Special insulating jackets or heat tracing for defined in “Scope of Supply” is specific to the equipment. Any insulation or heat tracing required for ancillary equipment not mentioned in the specification and “Scope of Supply” is excluded from the quoted price.
SPARE PARTS
Spare parts are not included with the equipment unless itemized in the “Scope of Supply”.
COMMERCIAL SECTION
PRICING TERMS
The prices quoted are based upon Purchaser’s acceptance of this proposal, through the submission of a purchase order or other written acceptance, being placed no later than 30 days after date of bid opening. After expiration of the pricing effectiveness period, prices will be subject to review and adjustment. Prices quoted are FCA surface point of shipment, with freight included to an accessible point nearest the jobsite. Federal, state or local sales, use or other taxes are not included in the sales price.
PAYMENT TERMS
Payment terms are:
1. Twenty-five percent (25%) Net 45 days upon receipt of Approved Submittals or written release of goods to fabrication.
2. Seventy percent (70%) Net 45 days upon Receipt of Invoice for shipment or Readiness to Ship.
3. Five percent (5%) upon the earlier of (a. Equipment startup and (b. one hundred eighty (180) days after completion of shipment.
4. Credit is subject to acceptance by the Varec Biogas Credit Department.
Purchaser shall remit payment for proper invoices received from Varec Biogas in accordance with the payment terms stated above even if the Purchaser has not been paid by the Purchaser’s customer (the “Owner”), if Purchaser is not the end-user of the Products. Payments are due within forty-five (45) days after Purchaser’s receipt of invoice.
Overdue and unpaid invoices are subject to a service charge of 2% per month until paid.
If Purchaser requests or causes cancellation, suspension or delay of Varec Biogas’s work, Purchaser shall accept transfer of title and pay Varec Biogas all appropriate charges incurred up to date of such event plus Varec Biogas’s PROPOSAL NO. 102163
Varec Biogas, a Division of Ovivo USA, LLC |15061 Springdale St. #210 Huntington Beach, CA 92649 USA I Tel: 866.4.BIOGAS Iwww.varec-biogas.com CONFIDENTIAL 6
overhead and reasonable profit. Additionally, all charges related to and risks incidental to storage, disposition and/or resumption of work shall be borne solely by Purchaser. Full payment for all work shall be due and payable forty-five (45) days from the date work is placed into storage.
TAXES
Any and all taxes, excises, tariffs and/or other governmental charges are not included in the sales price and shall be the responsibility of Purchaser. Furthermore, Purchaser shall pay and/or reimburse Varec Biogas, in addition to the sales price, for all costs Varec Biogas incurs arising out of any taxes, excises, tariffs, and/or governmental charges imposed on, or related to, the Products, materials used in the Products, as well as the manufacturing or transportation of such Products and Product materials.
PRICE ESCALATION
The prices submitted are based upon Purchaser’s acceptance of this proposal before bid validity expiration.
If a binding purchase order is not received by Varec Biogas prior to the above referenced date, prices and shipping dates are subject to review and adjustment by Varec Biogas.
Additionally, due to the unpredictability of material and labor prices, including but not limited to recent sharp increases in carbon steel, stainless steel, aluminum, other metal prices, electrical components, coatings, FRP, shipping, and labor prices in the North American and worldwide markets (the “Labor and Material Price(s)”), Varec Biogas, shall not assume responsibility for such possible escalations beyond the validity date of its proposal or between the date of the executed Contract and the procurement of such labor and material.
Varec Biogas may increase the price of its proposal or require additional payment in the form of a change order due to any Labor and Material Price increase (a) that exceeds 5% per annum of the price of the specific labor or material in place on the date of Varec Biogas’s proposal or (b) when product fabrication utilizing labor or materials does not commence until more than 6 months after the purchase order date, due primarily to actions of parties other than Varec Biogas. Furthermore, Varec Biogas is entitled to adjust its delivery date to account for such delay.
Any Labor and Material Price increase shall be based on an industry-standard pricing measure or index for that particular labor or material that accurately represents the market increase or, at Varec Biogas’s reasonable discretion, actual increases incurred by Varec Biogas. The resulting cost and schedule impact shall be disclosed to the Buyer prior to fabrication.
Notwithstanding the above, should requested shipment dates be extended primarily due to actions of parties other than by Varec Biogas or its suppliers, Varec Biogasreserves the right to charge 1.5% per month of the Contract Price for each month or partial month of delay, unless said delay is agreed to in writing by all affected parties.
Any additional duties and tariffs invoked after the date of its proposal will be added to the total proposed price.
FLOW DOWN TERMS
We will not accept flow down terms from Owner to Purchaser. The terms and conditions of the Contract between Owner and Purchaser may contain requirements that are not applicable to the Supplier or unacceptable to Varec Biogas terms and condition of sale. Any specific requirement must be noted on the purchase order.
PROPOSAL NO. 102163
Varec Biogas, a Division of Ovivo USA, LLC |15061 Springdale St. #210 Huntington Beach, CA 92649 USA I Tel: 866.4.BIOGAS Iwww.varec-biogas.com CONFIDENTIAL 7
BONDS
Payment or Performance Bonds are not included in the Proposal.
Performance and payment security, including but not limited to bonds, letters of credit, or bank guarantees, are not included, but can be provided if requested with five (5) working days of Ovivo's receipt of the notice of award or Purchaser's acceptance of Proposal, and purchased for an addition cost.
Any performance and/or payment bond agreed to be provided by Ovivo will extend to supply of equipment and services for a period not to exceed the first twenty four (24) months of the service or warranty period, and for a value not to exceed the total price of this Proposal.
In an effort to ensure all purchase orders are processed timely and efficiently, please submit all purchase order documentation to the following department and address:
Attn: Order Entry Administrator Remit To (Via ACH or Wire):
Varec Biogas, a Division of Ovivo USA, LLC Comerica Bank 15061 Springdale St, Suite 210 411 W. Lafayette
Huntington Beach, CA 92649 USA 5th Floor, MC 3328
Tel: 714-220-9920 Detroit, MI 48226
Fax: 714-952-2701 SWIFT: MNBDUS33
ABA: 072000096
Account Number: 1853487872
Remit To (Via Check): A/R Contact:
Varec Biogas, a Division of Ovivo USA, LLC 4246 Riverboat Road, Suite 300 4246 Riverboat Road, Suite 300 Salt Lake City, UT 84123 Salt Lake City, UT 84123 Contact: Diane Preston
Telephone: 801-931-3218
E-Mail: [email protected]
On April 15, 2019, Ovivo Inc. ("Ovivo") announced the acquisition of Westech Industrial Inc., doing business as Varec Biogas Inc. ("Varec Biogas"), making Varec Biogas an Ovivo company.
On January 1, 2022, Varec Biogas became a division of Ovivo USA, LLC, and is now known as Varec Biogas, a Division of Ovivo USA, LLC. As a result, Varec Biogas' Tax Identification Number is now 76-0742644.
INTELLECTUAL PROPERTY
The content of any submittal drawings, documents such as installation, operation and maintenance or other manuals or documents pertaining to the Products proposed are copyrighted and shall not be modified without the express prior written consent of Varec Biogas. Varec Biogas disclaims any liability for claims resulting from unauthorized modifications to any such manuals or other documents provided by Varec Biogas in connection with the Project.
WARRANTY AND CONDITIONS
Varec Biogas standard Terms and Conditions of Sale is attached and made an essential part of this proposal and shall govern, replace and supersede any terms and conditions or warranty included in Purchaser or Owner requests PROPOSAL NO. 102163
Varec Biogas, a Division of Ovivo USA, LLC |15061 Springdale St. #210 Huntington Beach, CA 92649 USA I Tel: 866.4.BIOGAS Iwww.varec-biogas.com CONFIDENTIAL 8
for quotation or specifications and cannot be changed without written approval from an authorized representative of Varec Biogas. No verbal or written information or advice given by any personnel of the Seller shall create a warranty or in any way increase the scope of the warranties.
PERFORMANCE WARRANTY DISCLAIMER
The performance of the Products is dependent upon many factors, including, but not limited to, the influent or feed quality and quantity, additives required, time, temperature, rates of change, sizing criteria used, operating conditions, etc. Therefore, Varec Biogas cannot assume any liability or responsibility for performance or process results that Purchaser is expecting or has predicted. No verbal or written information or advice given by any personnel of the Ovivo shall create a warranty or in any way increase the scope of the warranties.
THE PARTIES AGREE THAT OTHER THAN ITS MECHANICAL WARRANTY SET FORTH IN THIS PROPOSAL, OR ANY PERFORMANCE WARRANTY SET FORTH ON VAREC’S STANDARD ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY PROCESS OR PERFORMANCE RELATED WARRANTIES OR WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE AND MERCHANTABILITY, WHETHER WRITTEN, ORAL OR STATUTORY, ARE EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
CONFIDENTIALITY
This document is not to be reproduced or submitted to any third party without the written consent of Varec Biogas.
This document contains, or Varec Biogas may have previously disclosed to Purchaser, certain technical and business information of Varec Biogas and/or Varec Biogas’s affiliated entities, including certain copyrighted material, which is considered to be confidential. Such information, hereinafter referred to individually and collectively as the “Information”, may include, without limitation, ideas, concepts, development plans for new or improved products or processes, data, formula, techniques, flow sheets, designs, sketches, know-how, photographs, plans, drawings (regardless of what name, if any, is stated on the title block), specifications, samples, test specimens, reports, customer lists, price lists, findings, studies, computer programs and technical documentation, trade secrets, diagrams, and inventions, notes, and all information pertaining thereto and/or developed there from. This Information is disclosed in good faith solely for the purposes of our proposal, and in addition on the understanding that its confidentiality will be properly maintained and safeguarded.
Neither this proposal, the Information nor any part thereof may be copied, reproduced or used for any purpose other than that for which it is disclosed by Varec Biogas. Except as reasonably necessary for the evaluation of this proposal, no part thereof may be disclosed to any other person, without Varec Biogas’s prior consent in writing.
Varec Biogas will retain the rights to any intellectual property rights (“IPR”) related to the Products. Varec Biogas will grant a non-exclusive royalty free license to use the IPR for the sole purposes of operating and maintaining the equipment supplied by Varec Biogas.
The duties, obligations, restrictions, and responsibilities described hereinabove shall apply to the Purchaser, their agents, affiliates, and all related parties regardless of whether any transaction occurs between Varec Biogas and Purchaser, and shall survive termination, cancellation, and expiration of any transaction between Varec Biogas and Purchaser.
In the event of a breach of the terms herein, Varec Biogas maintains the right to seek any and all remedies and damages available to it, including but not limited to the amount, including interest, by which Purchaser profited from the breach, any gains made by Purchaser or any third party who received Information from Purchaser, PROPOSAL NO. 102163
Varec Biogas, a Division of Ovivo USA, LLC |15061 Springdale St. #210 Huntington Beach, CA 92649 USA I Tel: 866.4.BIOGAS Iwww.varec-biogas.com CONFIDENTIAL 9
compensation for all Varec Biogas loss or injury, and the value of Varec Biogas's expectation created by the promise of Purchaser. The parties agree Varec Biogas would suffer irreparable harm in the event of any breach of these terms, and therefore Varec Biogas shall be entitled to any and all injunctive relief available.
Sincerely,
Varec Biogas,
a Division of Ovivo USA, LLC
APPENDIX
A – SCOPE OF SUPPLY
B – TERMS AND CONDITION OF SALE
C – PRODUCT LITERATURE
QUOTATION NUMBER: 102163
APPENDIX A
March 10, 2026
Item
Number
Drawing
Sheet No.
Specification
Paragraph
Tag
Number Comments Qty Size End Connections Description Part Number 1 1 3" N/A Manual Pilot Ignition System for 239A
Waste Gas Burner 240H O A 7 1 1
2 1 3" N/A Waste Gas Burner 239A 03 S6
3 1 3" ANSI 150 Flat Faced
Flange
Pressure Relief and Flame Trap Assembly,
Set Pressure: TBD 440 03 2 2 S 1
4 2
6 Qt.
Capacity
(Max.
W.P. 5
psig)
N/A Drip Trap, Manual Operation (Low Pressure) 246 6
Freight to Jobsite Included
Total Price, FCA Jobsite
Company: Project Name: City of Madera WWTP, CA
From: Project/Contract No.:
E-mail: Applicable Specification: NA
Attention: Engineer:
Fax No.: Customer
CC: Contact Phone No.:
This message, including any attached file, is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any use, dissemination, distribution, copying or disclosure of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail and delete all copies of the original communication.
Thank you for your interest in our products. Varec Biogas is pleased to offer our proposal in response to your request.
Subject: Manufacturer's Sales Rep. :
Number of Pages: Contact Name:
Brian Villacorta
Coombs Hopkins Company
O: (760) 931-0555
E: [email protected]
IMPORTANT: Final responsibility on verifying accuracy of the quantities in the proposed scope of supply rests with the CONTRACTOR.
Documentation Included
Field Service Installation Inspection,
Commissioning, and Start-Up Assistance
and Operator Training per Proposal
Included
Varec Biogas - a Division of Ovivo USA, LLC
15061 Springdale St., Ste. 210
Huntington Beach, CA 92649
Phone: (714) 220-9920
www.varec-biogas.com
1 of 1
$74,400.00
1. ACCEPTANCE. The proposal of Varec Biogas, a Division of Ovivo USA, LLC (“SELLER”), as well as these terms and conditions of sale (collectively the “Agreement”), constitutes SELLER’S contractual offer of goods and associated services, and PURCHASER’S acceptance of this offer is expressly limited to the terms of the Agreement. The scope and terms and conditions of this Agreement represent the entire offer by SELLER and supersede all other solicitations, discussions, agreements, understandings and representations between the parties. Any scope or terms and conditions included in PURCHASER’S acceptance/purchase order that are in addition to or different from this Agreement are hereby rejected.
2. DELIVERY. Any statements relating to the date of shipment of the equipment and parts (“the Products”) represent SELLER’S best estimate, but is not guaranteed, and SELLER shall not be liable for any damages due to late delivery. The Products shall be delivered to the delivery point or points in accordance with the delivery terms stated in SELLER’S proposal.
If such delivery is prevented or postponed by reason of Force Majeure (as defined below), SELLER shall be entitled at its option to tender delivery to PURCHASER at the point or points of manufacture, and in default of PURCHASER’S acceptance of delivery to cause the Products to be stored at such a point or points of manufacture at PURCHASER’S expense. Such tender, if accepted, or such storage, shall constitute delivery for all purposes of this Agreement. If shipment is postponed at request of PURCHASER, or due to delay in receipt of shipping instructions, payment of the purchase price shall be due on notice from SELLER that the Products are ready for shipment. Handling, moving, storage, insurance and other charges thereafter incurred by SELLER with respect to the Products shall be for the account of PURCHASER and shall be paid by PURCHASER when invoiced. Delivery by SELLER of the Products shall constitute acceptance of the Products by PURCHASER, unless written notice of defect or nonconformity is received by SELLER within thirty (30) days of SELLER’S delivery of the Products.
3. TITLE AND RISK OF LOSS. SELLER shall retain the fullest right, title, and interest in the Products to the extent permitted by applicable law, including a security interest in the Products, until the full purchase price has been paid to SELLER. The giving and accepting of drafts, notes and/or trade acceptances to evidence the payments due shall not constitute or be construed as payment so as to pass SELLER’S interests until said drafts, notes and/or trade acceptances are paid in full.
Risk of loss shall pass to PURCHASER at the delivery point.
4. PAYMENT TERMS. SELLER reserves the right to ship the Products and be paid for such on a pro rata basis, as shipped.
If payments are not made by the due date, interest at a rate of two percent (2%) per month, calculated daily, shall apply from the due date for payment. PURCHASER is liable to pay SELLER’S legal fees and all other expenses in respect of enforcing or attempting to enforce any of SELLER’S rights relating to a breach or threatened breach of the payment terms by PURCHASER. In the event of nonpayment SELLER reserves the further right to seek compensation from any third party in possession of the Products.
5. TAXES. Any and all taxes, excises, tariffs and/or other governmental charges are not included in the sales price and shall be the responsibility of PURCHASER. Furthermore, PURCHASER shall pay and/or reimburse SELLER, in addition to the sales price, for all costs SELLER incurs arising out of any taxes, excises, tariffs, and/or governmental charges imposed on, or related to, the Product, materials used in the Product, as well as the manufacturing, transportation or storage of such Product and Product materials.
6. MECHANICAL WARRANTY. Solely for the benefit of PURCHASER, SELLER warrants that Products supplied to PURCHASER by SELLER shall be free from defects in material and workmanship. The warranty period shall be twelve (12) months from startup of the equipment not to exceed eighteen (18) months from the earliest of the notice of readiness to ship or the actual shipment (the “Warranty Period”). If any of SELLER’S Products fail to comply with the foregoing warranty, SELLER shall repair or replace free of charge to PURCHASER, EX WORKS SELLER’S FACTORIES or other location that SELLER designates, any Product or parts thereof returned to SELLER, which examination shall show to have failed under normal use and service operation by PURCHASER within the Warranty Period; provided, that if it would be impracticable for the Product or part thereof to be returned to SELLER, SELLER will send a representative to PURCHASER’S job site to inspect the Product. If it is determined after inspection that SELLER is liable under this warranty to repair or replace the Product or part thereof, SELLER shall bear the transportation costs of (a) returning the Product to SELLER for inspection or sending its representative to the job site and (b) returning the repaired or replaced Products to PURCHASER; however, if it is determined after inspection that SELLER is not liable under this warranty, PURCHASER shall pay those costs. For SELLER to be liable with respect to this warranty, PURCHASER must make its claims to SELLER with respect to this warranty in writing no later than thirty (30) days after the date PURCHASER discovers the basis for its warranty claim and in no event more than thirty (30) days after the expiration of the Warranty Period. In addition to any other limitation or disclaimer with respect to this warranty, SELLER shall have no liability with respect to any of the following: (i) failure of the Products, or damages to them, due to PURCHASER’S negligence or willful misconduct, abuse or improper storage, installation, application or maintenance (as specified in any manuals or written instructions that SELLER provides to the PURCHASER); (ii) any Products that have been altered or repaired in any way without SELLER’S prior written authorization; (iii) the costs of dismantling and reinstallation of the Products; (iv) any Products damaged while in transit or otherwise by accident; (v) decomposition of Products by chemical action, erosion or corrosion or wear to Products or due to conditions of temperature, moisture and dirt; or (vi) claims with respect to parts that are consumable and normally replaced during maintenance such as filter media, filter drainage belts and the like, except where such parts are not performing to SELLER’S estimate of normal service life, in which case, SELLER shall only be liable for the pro rata cost of replacement of those parts based on SELLER’S estimate of what the remaining service life of those parts should have been; provided, that failure of those parts did not result from any of the matters listed in clauses (i) through (v) above. With regard to third-party parts, equipment, accessories or components not of SELLER’S design, SELLER’S liability shall be limited solely to the assignment of available third-party warranties. THE
PARTIES AGREE THAT ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, WHETHER WRITTEN, ORAL OR STATUTORY, ARE EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW. All warranties and obligations of SELLER shall terminate if PURCHASER fails to perform its obligations under this Agreement including but not limited to any failure to pay any charges due to SELLER. SELLER’S quoted price for the Products is based upon this warranty. Any increase in warranty obligation may be subject to an increase in price.
7. CONFIDENTIAL AND PROPRIETARY INFORMATION. All nonpublic or proprietary information and data furnished to PURCHASER hereunder, including but not limited to price, size, type, design and other technical or business information relating to the Products is the sole property of SELLER and submitted for PURCHASER’S own confidential use solely in connection with this Agreement and is not to be made known or available to any third party or affiliate, uploaded or shared with any type of digital platform, including but not limited to generative artificial intelligence technologies (such as translation tools) without SELLER’S prior written consent.
8. SURFACE COATING. The Products shall be painted or otherwise coated in accordance with SELLER’S standard practice unless otherwise agreed in writing.
9. DRAWINGS AND TECHNICAL DOCUMENTATION. When PURCHASER requests to approve drawings before commencement of manufacture, shipment may be delayed if approved drawings are not returned to SELLER within fourteen (14) days of receipt by PURCHASER of such drawings for approval. SELLER will furnish only general arrangement, general assembly, and if required, wiring diagrams, erection drawings, installation and operation-maintenance manuals for SELLER’S Products (in English language). SELLER will supply six (6) complete sets of drawings and operating instructions. Additional sets will be paid for by PURCHASER. Electronic files, if requested from SELLER, will be provided in pdf, jpg or tif format only.
10. SET OFF. This Agreement shall be completely independent of all other contracts between the parties and all payments due to SELLER hereunder shall be paid when due and shall not be setoff or applied against any money due or claimed to be due from SELLER to PURCHASER on account of any other transaction or claim.
11. SOFTWARE. PURCHASER shall have a nonexclusive and nontransferable license to use any information processing program supplied by SELLER with the Products. PURCHASER acknowledges that such programs and the information contained therein is confidential information and agrees: a) not to copy or duplicate the program except for archival or security purposes; b) not to use the program on any computer other than the computer with which it is supplied; and c) to limit access to the program to those of its employees who are necessary to permit authorized use of the program. PURCHASER agrees to execute and be bound by the terms of any software license applicable to the Products supplied.
12. PATENT INDEMNITY. SELLER will defend at its own expense any suit instituted against PURCHASER based upon claims that SELLER’S Product hereunder in and of itself constitutes an infringement of any valid apparatus claims of any United States patent issued and existing as of the date of this Agreement, if notified promptly in writing and given all information, assistance, and sole authority to defend and settle the same, and SELLER shall indemnify the PURCHASER against such claims of infringement. Furthermore, in case the use of the Products is enjoined in such suit or in case SELLER otherwise deems it advisable, SELLER shall, at its own expense and discretion, (a) procure for the PURCHASER the right to continue using the Products, (b) replace the same with non-infringing Products, (c) modify the Product so it becomes non-infringing, or (d) remove the Products and refund the purchase price less freight charges and depreciation. SELLER shall not be liable for, and PURCHASER shall indemnify SELLER for, any claim of infringement related to (a) the use of the Products for any purpose other than that for which it was furnished by SELLER, (b) compliance with equipment designs not furnished by SELLER or (c) use of the Products in combination with any other equipment. The foregoing states the sole liability of SELLER for patent infringement with respect to the Products
13. GENERAL INDEMNITY. Subject to the limitations of liabilities of the parties set forth in this Agreement, each party shall protect and indemnify the other party, its parent and their respective officers, directors, employees and agents, from and against all claims, demands and causes of action asserted by, or in favor of, any entity to the extent of the indemnifying party’s negligence or willful misconduct in connection with the performance of this Agreement.
14. DEFAULT, TERMINATION. In the event that PURCHASER becomes insolvent, commits an act of bankruptcy or defaults in the performance of any term or condition of this Agreement, the entire unpaid portion of the purchase price shall, without notice or demand, become immediately due and payable. SELLER at its option, without notice or demand, shall be entitled to sue for said balance and for reasonable legal fees, plus out-of-pocket expenses and interest; and/or to enter any place where the Products are located and to take immediate possession of and remove the Products, with or without legal process; and/or retain all payments made as compensation for the use of the Products: and/or resell the Products, without notice or demand, for and on behalf of the PURCHASER, and to apply the net proceeds from such sale (after deduction from the sale price of all expenses of such sale and all expenses of retaking possession, repairs necessary to put the Products in saleable condition, storage charges, taxes, liens, collection and legal fees and all other expenses in connection therewith) to the balance then due to SELLER for the Products and to receive from the PURCHASER the deficiency between such net proceeds of sale and such balance. PURCHASER hereby waives all trespass, damage and claims resulting from any such entry, repossession, removal, retention, repair, alteration and sale. The remedies provided in this paragraph are in addition to and not limitations of any other rights of SELLER.
15. CANCELLATION. PURCHASER may terminate this Agreement for convenience upon giving SELLER thirty (30) days prior written notice of such fact and paying SELLER for all costs and expenses (including overhead) incurred by it in performing its work and closing out the same plus a reasonable profit thereon. All such costs and expenses shall be paid to SELLER within ten (10) days of the termination of the Agreement, or be subject to an additional late payment fee of five percent (5%) of the total amount of costs and expenses owed.
16. REMEDIES. The rights and remedies of the PURCHASER in connection with the goods and services provided by SELLER hereunder are exclusive and limited to the rights and remedies expressly stated in this Agreement.
17. INSPECTION. PURCHASER is entitled to make reasonable inspection of Products at SELLER’S facility. SELLER reserves the right to determine the reasonableness of the request and to select an appropriate time for such inspection. All costs of inspections not expressly included as an itemized part of the quoted price of the Products in this Agreement shall be paid by PURCHASER.
18. WAIVER. Any failure by SELLER to enforce PURCHASER’S strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement.
19. COMPLIANCE WITH LAWS. If applicable laws, ordinances, regulations or conditions require anything different from, or in addition to that called for by this Agreement, SELLER will satisfy such requirements at PURCHASER’S written request and expense.
20. FORCE MAJEURE. If SELLER is rendered unable, wholly or in material part, directly or indirectly, by reason of Force Majeure, to carry out any of its obligations hereunder, then on SELLER’S notice in writing to PURCHASER within a reasonable time after the occurrence of the cause relied upon, such obligations shall be suspended. “Force Majeure” shall include, but not be limited to, acts of God, epidemics and pandemics, acts of or delays caused by governmental authorities, changes in laws and regulations, strikes, civil disobedience or unrest, lightning, fire, flood, washout, storm, communication lines failure, delays of the PURCHASER or PURCHASER’S subcontractors, breakage or accident to equipment or machinery, wars, police actions, terrorism, embargos, and any other causes that are not reasonably within the control of the SELLER. If the delay is the result of PURCHASER’S action or inaction, then in addition to an adjustment in time, SELLER shall be entitled to reimbursement of costs incurred to maintain its schedule. For the avoidance of doubt, if the cause relied upon has commenced prior to the parties entered into a contracting relationship, it shall not render the cause void and/or not capable of being included within the definitions of Force Majeure, as listed within this Article 20.
21. DISPUTE RESOLUTION. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be exclusively determined by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules”) including, if appropriate, the Procedures for Large, Complex Commercial Disputes. The seat or place of arbitration shall be Harris County, Texas. The arbitration shall be conducted and the award shall be rendered in English. There shall be one arbitrator agreed to by the parties within twenty (20) days of receipt by respondent(s) of the request for arbitration or in default thereof appointed by the AAA in accordance with its Commercial Rules. If more than one arbitration is commenced under this Agreement and any party contends that two or more arbitrations are substantially related and that the issues should be heard in one proceeding, the arbitrator selected in the first-filed proceeding shall determine whether, in the interests of justice and efficiency, the proceedings should be consolidated before that arbitrator. The parties are bound to each other by this arbitration clause. Each related party may be joined as an additional party to an arbitration involving other parties under this Agreement. The award rendered by the arbitrator shall be final, non-appealable, and binding on the parties and may be entered and enforced in any court where a party or its assets is located. Each party shall be responsible for its own attorney fees and other legal costs associated with the dispute resolution process.
22. INDEPENDENT CONTRACTOR. It is expressly understood that SELLER is an independent contractor, and that neither SELLER nor its principals, partners, parents, subsidiaries, affiliates, employees or subcontractors are servants, agents, partners, joint ventures or employees of PURCHASER in any way whatsoever.
23. SEVERABILITY. Should any portion of this Agreement, be held to be invalid or unenforceable under applicable law then the validity of the remaining portions thereof shall not be affected by such invalidity or unenforceability and shall remain in full force and effect. Furthermore, any invalid or unenforceable provision shall be modified accordingly within the confines of applicable law, giving maximum permissible effect to the parties’ intentions expressed herein.
24. CHOICE OF LAW, CHOICE OF VENUE. This Agreement, and any and all claims of any kind whatsoever stemming from or in any way associated with the transaction, goods, or services described in this Agreement, shall be governed and construed in strict and sole accordance with the laws of the State of Texas, without regard to its rules regarding conflicts or choice of law. The parties submit to the exclusive jurisdiction and venue of the state and federal courts located in Harris County, Texas. The parties hereby waive any objection based on the venue or the doctrine of forum non conveniens in respect of claims resulting from this Agreement or in any way associated with or related to the SELLER’S and PURCHASER’S business in respect to this Agreement or related operations, whether they exist in the date hereof or arise thereafter and whether they arise out of contractual, tort or civil liability or out of the application of any other legal system or specific law.
25. ASSIGNMENT. PURCHASER shall not assign or transfer this Agreement without the prior written consent of the SELLER.
Any attempt to make such an assignment or transfer shall be null and void. SELLER shall have the authority to assign, or otherwise transfer, its rights and obligations in connection with this Agreement, in whole or in part, upon prior written notice to PURCHASER.
26. LIMITATION ON LIABILITY. TO THE EXTENT PERMISSIBLE BY LAW, SELLER SHALL HAVE NO FURTHER
LIABILITY IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF THE AMOUNT PAID BY PURCHASER FOR THE PRODUCTS GIVING RISE TO SUCH LIABILITY. NOTWITHSTANDING ANY LIABILITIES OR RESPONSIBILITIES
ASSUMED BY SELLER HEREUNDER, SELLER SHALL IN NO EVENT BE RESPONSIBLE TO PURCHASER OR ANY
THIRD PARTY, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR
OTHERWISE, FOR LOSS OF ANTICIPATED PROFITS, LOSS BY REASON OF PLANT SHUTDOWN, NON-OPERATION
OR INCREASED EXPENSE OF OPERATION, LOSS OF DATA, SERVICE INTERRUPTIONS, COST OF PURCHASED OR
REPLACEMENT POWER, COST OF MONEY, LOSS OF USE OF CAPITAL OR REVENUE OR ANY OTHER INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSS OR DAMAGE, WHETHER ARISING FROM DEFECTS, DELAY, OR FROM ANY OTHER CAUSE WHATSOEVER.
27. PRIVACY AND DATA PROTECTION. SELLER has put in place rigorous safeguards and procedures regarding privacy and data protection, notably the Ovivo Privacy Policy (www.ovivowater.com/en/privacy-policy/), and requires that PURCHASER adhere to its data protection principles to the extent applicable to PURCHASER.
28. DATA COLLECTION. PURCHASER consents to the collection of the Products’ operational data and to the use of such data for the purpose of improving the Products and other purposes stated herein. PURCHASER further agrees that such data collection does not constitute a performance monitoring service or other duty by SELLER.
29. INSURANCE. SELLER shall maintain its current levels of insurance for the duration of the above-referenced mechanical warranty period as set forth in its standard certificate of insurance, available to PURCHASER upon request.
30. BONDS. Upon PURCHASER request within fifteen (15) calendar days of SELLER’S receipt of an order, SELLER shall provide a bond in favor of PURCHASER, at PURCHASER’S expense, by an institution, and in a form, approved in advance by SELLER. Any performance and/or payment bond agreed to be provided by SELLER will extend to supply of equipment and services for a period not to exceed the first twenty four (24) months of the service or warranty period, and for a value not to exceed the total price of the Agreement.
31. PERMITS. PURCHASER shall be solely responsible for obtaining and maintaining in force all necessary permits with respect to any Products to be provided by SELLER hereunder and any intended use by PURCHASER.
REVISED – April 2025
TERMS AND CONDITIONS OF SALE
VAREC BIOGAS 239A/ 240 HOA Series
WASTE GAS BURNER & MANUAL IGNITION SYSTEM
The Varec Biogas 239A Series Waste Gas Burner is designed for burning biogas generated in the anaerobic digestion process.
BURNERS/ FLARES
Introduction
The Varec Biogas 239A Series Waste Gas
Burner is designed for burning biogas
generated in the anaerobic digestion
process. Burning or flaring reduces the
potential odor nuisance from just venting
directly to the atmosphere. This burner is
suitable for burning low volumes of biogas,
which is typically very “wet”, with a low BTU
value (between 550 and 600 BTU), and
composed primarily of methane.
Operation
The 239A Burner is designed to ignite the
biogas by passing it through a “curtain of
flame” developed by the ringtype pilot. The
pilot gas mixes with air at the pilot ring, and
the pilot flame burns on top of the ring. The
biogas is deflected across the pilot flame by
an integral baffle. A manually-adjustable
shutter is provided at the bottom of the
burner shroud to change the available air
volume in case the waste gas flow rate
fluctuates.
Dual pilot lines in the larger models (6” and 8”
size) are located 180° apart to distribute the
pilot flame around the entire ring. A separate
mounting base is included for installation on
a concrete foundation or other suitable
support. A covered pilot observation and
ignition port is provided on the burner shroud.
A low-pressure natural gas pilot supply is
recommended with the 239A Burner. Since
biogas is typically moist and dirty with
fluctuating pressure and BTU value, it may
not provide a reliable pilot flame. Please
specify if pilot gas utilized is propane.
Pilot Ignition System
The 240 HOA Series Manual/ Cycling
Electric Pilot Ignition System is designed for
use with the 239A Series Waste Gas Burner.
The unit provides a manually initiated ignition
spark and provision to continuously cycle the
spark on and off. This model is
recommended when automatic pilot
re-ignition is required.
A compact ignition transformer with a
dual-cycling timer switch is provided inside a
weatherproof or explosion-proof enclosure.
The enclosure is fitted with an external
“Hand-Off-Auto” switch, and is suitable for
panel or wall mounting.
The transformer and switches are pre-wired
to a terminal strip at the factory. An ignition
electrode assembly with weatherproof
housing is also provided, and is easily
field-mounted to the shroud of the 239A
Series Burner.
Design Features
• “Curtain of Flame” Ring-type Pilot
• 304SS Pilot Orifices
• Separable Mounting Base
• UL Approved NEMA 4/4X Control Panels
Varec Biogas reserves the right to change product design and specifications without notice.
Copyright © 2022 by Varec Biogas, A Division of Ovivo USA, LLC.
VAREC BIOGAS 239A/ 240 H-O-A Series WASTE GAS BURNER AND MANUAL IGNITION SYSTEM Operation
With the three-way position switch in the
“HAND” position, the ignition transformer is
energized. The transformer delivers a
continuous high voltage to the ignition
electrode and delivers a spark across an air
gap to the pilot flame ring igniting the pilot
gas. Once the gas is ignited, the switch is
turned to the “AUTO” position.
In “AUTO”, the timer cycles to send voltage
to the spark plug at set duration and
intervals. The timer setting can be adjusted
for spark duration and spark interval using
the control panel.
The 240 H-O-A Ignition System is housed in
a NEMA 4 enclosure as a standard. The
ignition electrode housing is steel with an
aluminum cover. Both the control enclosure
and electrode housing are provided with
1/2-inch NPT female conduit connections.
The ignition control enclosure should be
located a minimum of 15 feet (5 meters) from
the burner stack to comply with NFPA 820,
Fire Protection Standard for Wastewater
Treatment Facilities.
Control Enclosure
NEMA 4, (Standard)
NEMA 4X Stainless Steel (Option)
NEMA 7, Explosion-proof (Option)
Power Supply Input
110 - 120 VAC, 50/ 60 Hz
220 - 240 VAC, 50/ 60 Hz
Heater (Optional)
The transformer is rated for continuous duty
with 110 VAC (220VAC) , 50/60 Hz primary.
The timer is adjustable from 3 to 300
seconds for both the “Ignition Spark ON”, and
the “Ignition Spark OFF” cycle.
Auxiliary Equipment
5200 SERIES FLAME CHECK
Recommended for field installation in the
pilot gas piping just upstream of the burner
pilot line connection(s). This unit is for
protection from possible flashbacks
generated in the pilot line. See 5200 Series
for details.
SECONDARY STACKS (By Others)
“Self-supporting” secondary stacks should
be specified for field installation on all 4”, 6”,
and 8” burners to protect from winds which
can cause an unstable pilot and/or waste gas
flame. Consult factory for recommended
dimensions.
Biogas
COMPOSITION
Primarily Methane
BTU VALUE
500 to 600 BTU
MAXIMUM INLET PRESSURE
20” (508mm) WC
PILOT GAS
Biogas
Natural Gas
MINIMUM PILOT GAS SUPPLY
PRESSURE
Biogas: 8” (203mm) WC
Natural Gas: 6” (152mm) WC
Specifications
Sizes
2”, 3”, 4”, 6”, 8”
Materials
BURNER
Fabricated Carbon Steel (Standard) 1
PILOT FLAME RING
Heat Resistant Cast Iron 2
PILOT ORIFICE/ FITTINGS
304 Stainless Steel
OBSERVATION/ IGNITION PORT
Carbon Steel 1
CONNECTIONS
Waste gas
Nominal pipe size/ weld connection
PILOT GAS
Single 1/2” NPT (2” through 4” sizes)
Dual 1/2” NPT (6” and 8” sizes)
MOUNTING
Flanged Connection or Concrete Pad
NOTE:
1 -
2 -
Burning Capacity, ft3/ hr [m3/ hr]
Flow stated in air at 60°F and 14.7 PSIA at
1/2” WC (13mm WC) pressure drop, at
sea level.
For capacities at higher site elevations,
consult factory.
2”
1850
[52]
3”
4025
[114]
4”
7875
[223]
6”
20100
[569]
8”
33475
[948]
NOTE: Flow is stated in SCFH air but can be corrected for waste gas at other specific gravities and temperatures.
Burner stack, shroud and pilot gas piping can be available in 304/ 316 SS construction.
Stainless steel pilot flame ring only on all 304 or 316SS burner stack
Varec Biogas reserves the right to change product design and specifications without notice.
Copyright © 2022 by Varec Biogas, A Division of Ovivo USA, LLC.
H
A
B
C
D
E
F
G
H
Shipping
Weight
2 [50]
8 3
/
4 [22]
17 1/
2 [444]
14 1/
2 [368]
68 [1730]
20 1/
4 [514]
12 3/
4 [324]
1 [25]
465
(211)
Specifications
Model 239A
Dimensions and Weights, inches [mm] and lbs. (kg)
Size Code 02 03 04 06 08
3 [80]
10 [254]
18 3
/
4 [476]
15 3/
4 [400]
68 [1730]
24 1/
4 [616]
14 [356]
1 [25]
590
(268)
4 [100]
11 [279]
20 [508]
17 [432]
68 [1730]
24 1/
4 [616]
16 [406]
1 1/
4 [32]
700
(318)
6 [150]
13 [330]
22 [559]
19 [483]
96 [2440]
32 1/
4 [819]
20 [508]
1 1/
4 [32]
860
(391)
8 [200]
15 [381]
24 [610]
21 [533]
96 [2440]
48 3/
8 [1229]
24 [610]
1 1/
4 [32]
1500
(682)
4 9
7 50
(23)
75 (34)
80 (36)
NEMA 4, Steel
Construction
NEMA 4X, 316
SS Construction
NEMA 7, XP,
Al Construction
Model 240 H-O-A
Shipping Weights, lbs. (kg)
Code
CONTROL PANEL LAYOUT (NEMA 4, 4X Panel)
MOUNTING BASE BOLT LOCATION
VAREC BIOGAS 239A/ 240 H-O-A Series WASTE GAS BURNER AND MANUAL IGNITION SYSTEM Varec Biogas reserves the right to change product design and specifications without notice.
Copyright © 2022 by Varec Biogas, A Division of Ovivo USA, LLC.
Ordering Information
Model Description
240 Manual/ Cycling Electric Pilot Ignitor
Code Flame Monitoring
HOA Hand-Off Auto Switch with Cycling Timer (Standard)
Code Control Enclosure Rating
4 NEMA 4 Steel Construction (Standard)
9 NEMA 4X, 316 Stainless Steel
7 NEMA 7, Explosion Proof, Aluminum Construction
Code Power Supply
1 110 - 120 VAC, 50/ 60Hz, Single Phase
2 220 - 240 VAC, 50/ 60Hz, Single Phase
Code Options
* None Required
1 Heater Mounted in Control Enclosure
240 HOA 9 1 * (Example)
Example: Manual Cycling Electric Pilot Ignitor with Hand-Off-Auto Switch and Cycling Timer, NEMA 4X, 316SS Controller Enclosure, 110/120 VAC, 50/60 Hz.
Model Description
239A Waste Gas Burner
Code Size
02 2”
03 3”
04 4”
06 6”
08 8”
Code Material of Construction
* Leave Blank if Specifying Standard Fabricated Carbon Steel Stack, Cast Iron Pilot Flame Ring S4 All 304 SS
S6 All 316 SS
239A 06 * (Example)
Example: 6” Waste Gas Burner with Standard Fabricated Carbon Steel Stack and Cast Iron Pilot Flame Ordering Information
VAREC BIOGAS 239A/ 240 H-O-A Series WASTE GAS BURNER AND MANUAL IGNITION SYSTEM Varec Biogas reserves the right to change product design and specifications without notice.
Copyright © 2022 by Varec Biogas, A Division of Ovivo USA, LLC.
Introduction
The Varec Biogas 440 Series Pressure Relief
Assembly combines the 386 Series Back
Pressure Relief Valve and the 5010 Series
Flame Arrester with a thermal shut-off
bypass valve integrated into the unit. The
wide range of sizes allows use in many
applications encountered in the typical tank
farm, liquid storage facility or biogas control
lines.
The Varec Biogas 440 Series is designed to
control upstream pressure while protecting
vapor recovery systems and waste gas
piping systems from flashback fires. The
assembly should be installed just upstream
of a waste gas burner, in a horizontal section
of pipe.
Flow curves are provided to assist you in
selecting the proper size unit for your
application requirements. In addition, Varec
Biogas’s applications engineering staff and
factory-trained representatives are always
available to assist you.
Operation
The diaphragm of the 440 Series constantly
senses the upstream gas pressure. The back
pressure valve will remain closed until the
line pressure exceeds the set point,
maintaining a predetermined back pressure
throughout the system. When the pressure in
the line exceeds the set point, the diaphragm
will operate to open the valve, allowing flow.
When the pressure in the line drops below
the set point, the valve returns to the closed
position.
While gas is flaring, the flame arrester and
thermal by pass shut-off valve serve to inhibit
a possible flashback of the flame into the gas
piping.
VAREC BIOGAS 440 Series
PRESSURE RELIEF AND FLAME TRAP ASSEMBLY
The 440 Series Pressure Relief Assembly is
designed for use on relief lines to flares or other fired equipment.
GAS CONTROL
If a flashback occurs downstream of the 440
assembly, the flame arrester prevents the
propagation of flame by dissipating the heat,
so that the temperature upstream of the unit
remains below the ignition temperature of the
gas.
Should the flame continue to burn, the fusible
element in the thermal bypass shut-off valve
will melt. This allows the pressure on the top
and bottom of the diaphragm to equalize.
The spring will then close the main valve,
shutting off the gas supply and quenching the
flame.
Varec Biogas reserves the right to change product design and specifications without notice.
Copyright © 2022 by Varec Biogas, An Ovivo Division USA, LLC.
Design Features
• Large diaphragm for sensitive operation
• Spring loaded for easy adjustment
• Corrosion resistant low copper aluminum
construction
• Easily adjustable setting for fine tuning in
the field
• Unique design allows for cleaning of
element
• Removable/ replaceable bank assembly
without the use of jack screws
• Spring actuated thermal valve
• NPT drain plug available
• 3-Way Solenoid Valve option for added
safety
VAREC BIOGAS 440 Series PRESSURE RELIEF AND FLAME TRAP ASSEMBLY Features
The 440 Series is designed for reliability and
ease in maintenance. The thermal element is
easily replaced, and the flame arrester bank
assembly is uniquely designed for easy
removal without requiring the use of jack
screws or other mechanisms, which affect
the piping stresses and renders maintenance
difficulty. For details on the components of
this assembly please refer to the data sheets
for the 386 Series Back Pressure Regulator
and 5010 Series Flame Arrester.
Specifications
Materials
Valve Body, Diaphragm Housing
356 T6 Cast Aluminum
Pallet Assembly
Low Copper Aluminum
304 SS Stem and Bushings
Diaphragm
BUNA-N with Nylon Reinforcement
Setting Spring
Zinc Plated Steel
Thermal Fuse
260 F Metal Aluminum
304 SS with BUNA-N “O”-Rings
Flame Arrester Housing
356 T6 Cast Aluminum
Flame Arrester Bank
Low Copper Aluminum Extensible Frame
with Aluminum Bank Sheets
Low Copper Aluminum Extensible Frame
with 316 SS Bank Sheets
Hardware
Zinc Plated (Standard)
Stainless Steel (Optional)
Flanged Connections
125 lbs. ANSI FF Flange
Optional Feature
A 3-Way Solenoid Valve can be installed in
the 440 Series regulator (refer to dimensional
drawing) to allow for quick opening and
closing.
The back pressure regulator remains closed
tight until a pilot flame on a waste gas burner
is proven. The 3-Way Solenoid Valve
maintains equal pressure on the relief valve
diaphragm.
Upon confirmation of a pilot flame, the 3-
Way Solenoid Valve is energized by an alarm
contact or interposing relay in the waste gas
burner control panel which then releases
pressure from above the diaphragm and
allows the regulator to open. When the
3-Way Solenoid Valve is de-energized, gas is
relieved from the diaphragm, closing the
regulator.
Pressure Rating
Leak Proof to 5 psi (34 kPa), Standard
Flame Arrester Configuration
Net Free Area
Three to four times the corresponding size
standard pipe.
Bank Assembly
Extensible bank frame with corrugated
rectangular shaped bank Sheets.
Flame Arrester Configuration
1 /
2 ” NPT Connection
Location
Within 15 feet (4.6 m) of flame source
Thousand Cubic Feet/Hour at 60°F and 14.7 psia, Air Flow (SCFH) Pressure Drop (Inches of Water) 20
19 18
17 16
15 14
13 12
11 10
9 8
7 6
5 4
3 2
1 0
0 10 20 30 40 50 60 70 80 90 100 110 120 130 140
10“
12”
2” 3” 4” 6” 8”
Flow Curves 440 SERIES
Varec Biogas reserves the right to change product design and specifications without notice.
Copyright © 2022 by Varec Biogas, An Ovivo Division USA, LLC.
VAREC BIOGAS 440 Series PRESSURE RELIEF AND FLAME TRAP ASSEMBLY Specifications
Nominal
Pipe Size
A
B
C
D1
E
F
Shipping Weight
2 [50]
20 3
/
4 [527]
3 5
/
8 [92]
14 1
/
2 [368]
23 1
/
4 [591]
4 5
/
16 [110]
19 [476]
65 (30)
3 [75]
24 1
/
8 [613]
4 3
/
4 [114]
20 1
/
2 [521]
26 [660]
5 5
/
8 [143]
23 1
/
4 [591]
95 (43)
4 [100]
27 [686]
5 [127]
20 1
/
2 [521]
31 3
/
8 [797]
7 [178]
28 1
/
8 [715]
120
(54)
6 [150]
32 1
/
4 [819]
5 7
/
8 [149]
26 1
/
2 [673]
39 3
/
8 [1000]
8 1
/
4 [210]
31 1
/
8 [790]
210
(95)
Dimensions and Weights, inches [mm] and lbs. (kg)
Size Code 02 03 04 06 08 10 12
8 [200]
36 3
/
4 [933]
7 1
/
4 [184]
26 1
/
2 [673]
54 3
/
8 [1381]
10 3
/
4 [273]
38 5
/
8 [981]
420
(191)
10 [250]
46 3
/
4 [1181]
8 [203]
36 [914]
63 1
/
4 [1607]
11 7
/
8 [302]
41 5
/
8 [1057]
520
(236)
12 [300]
50 5
/
8 [1286]
11 [279]
36 [914]
67 3
/
8 [1711]
14 1
/
2 [368]
50 [1270]
775
(352)
2”
3”
4”
6”
8”
10”
12”
2 - 12
[50 - 300]
2 - 12
[50 - 300]
2 - 12
[50 - 300]
2 - 12
[50 - 300]
2 - 12
[50 - 300]
2 - 7
[50 - 175]
2 - 7
[50 - 175]
Setting Range in WC, inches [mm]
Size Standard High Set
3 - 25
[75 - 625]
2 - 16
[50 - 400]
2 - 16
[50 - 400]
10 - 20
[250 - 500]
10 - 20
[250 - 500]
7 - 15
[175 - 350]
7 - 15
[175 - 350]
C
A
D
1/2” NPT DRAIN PLUG OR
CONNECTOR FOR DRIP TRAP
B
1/2” NPT CONTROL
LINE CONNECTION
FLOW
SEE DETAIL G FOR OPTIONAL
3-WAY SOLENOID VALVE.
CONNECTION “A2”
CONNECTION
“A1”
CONNECTION “B2”
CONNECTION
“B1”
DETAIL G
TO
CONNECTION “B2”
TO
CONNECTION “A2”
TO
CONNECTION “A1”
TO
CONNECTION “B1”
NOTE 1: (±)1/4”
BANK
REMOVAL
CLEARANCE
REMOVABLE
COVER
F
E
Varec Biogas reserves the right to change product design and specifications without notice.
Copyright © 2022 by Varec Biogas, An Ovivo Division USA, LLC.
VAREC BIOGAS 440 Series PRESSURE RELIEF AND FLAME TRAP ASSEMBLY Ordering Information
Model Description
440 Pressure Relief and Flame Trap Assembly
Code Size Standard Set Range 1 High Set Range 1
02 2” 2” - 12” (50 - 300mm) WC 3” - 25” (75 - 625mm) WC 03 3” 2” - 12” (50 - 300mm) WC 2” - 16” (50 - 400mm) WC 04 4” 2” - 12” (50 - 300mm) WC 2” - 16” (50 - 400mm) WC 06 6” 2” - 12” (50 - 300mm) WC 10” - 20” (250 - 500mm) WC 08 8” 2” - 12” (50 - 300mm) WC 10” - 20” (250 - 500mm) WC 10 10” 2” - 7” (50 - 175mm) WC 7” - 15” (175 - 350mm) WC 12 12” 2” - 7” (50 - 175mm) WC 7” - 15” (175 - 350mm) WC Code Pressure Setting Range 1
1 Standard Set Range (See Table Above)
2 High Set (See Table Above)
Code Flame Arrester Material
1 Aluminum
2 Aluminum, 316 SS Sheets
Code Hardware Material
Z Zinc
S Stainless Steel
Code Solenoid Valve Option
1 Not Required
2 110 VAC/ 50 Hz, 120 VAC/ 60 Hz
3 220 VAC/ 50 Hz, 240 VAC/ 60 Hz
4 Special - Specify with Purchase Order
440 02 1 1 S 2 (Example)
Example: 440 Series Pressure Relief and Flame Trap Assembly, 2” Size, Standard Setting, Aluminum Sheets, Stainless Steel Hardware, Solenoid Valve Included.
NOTE: 1 - Consult factory for special setting or variations in setting range requirements.
Varec Biogas reserves the right to change product design and specifications without notice.
Copyright © 2022 by Varec Biogas, An Ovivo Division USA, LLC.
Introduction
The Varec Biogas 246 Series Drip Traps are
designed for the manual collection and safe
removal of condensate from gas.
Condensate removal from gas piping
systems is necessary to protect piping and
equipment from possible damage caused by
corrosion or water hammer. In addition, water
lying in low spots in the pipe can restrict gas
flow resulting in increased pressure drop.
Varec Biogas drip traps should be installed at
all low points in horizontal pipe runs for
convenient removal of accumulated
condensate.
The Series 246 Drip Trap is suitable for
working pressures up to 5 psig (34.5 kPa).
For systems with higher pressure ratings,
see the product data sheet for Varec Biogas
247 Series High Pressure Drip Traps.
Operation
The Varec Biogas 246 Series Drip Traps are
designed to prevent gas from escaping while
draining. The disc, ports, and “O” ring seals
are positioned to block gas before opening
the drain outlet ensuring that gas does not
escape. Simple rotation of the 246 Series
handle allows accumulated condensate in
the drip trap reservoir to be drained manually.
The disc position ensures that when the trap
is draining, the inlet port is blocked.
For installations that are not easily
accessible to manual operation, the 246AT
Model drip trap is available. See Product
Data Sheet for the 246AT.
VAREC BIOGAS 246 Series
LOW PRESSURE MANUAL DRIP TRAP
The 246 Series Drip Traps are designed for the
collection and safe manual removal of condensate from gas.
GAS CONTROL
Varec Biogas reserves the right to change product design and specifications without notice.
Copyright © 2022 by Varec Biogas, A Division of Ovivo USA, LLC.
Design Features
• Corrosion Resistant Aluminun
Construction
• All 316 SS Construction (Option)
• Positive Seal Against Gas Escape
• 2.5 and 6 Quart Reservoir Capacity
• 5 psig (34.5 kPa) Working Pressure
• Manual Operation
A
B
C
D
Shipping
Weight (AL)
Shipping
Weight (SS)
7 [178]
8 3/
4 [222]
11 3/
8 [171]
6 3/
4 [171]
13 (5.9)
32 1/
2 (14.7)
Ordering Information
Model Description
246 Low Pressure Manual Drip Trap
Code Size
2 2.5 Quart (2.4L)
6 6.0 Quart (5.7L)
Code Material (Body/ Cover)
* Leave Blank When Ordering Standard Aluminum Construction with Anodized Disc SS All 316 SS Construction
246 6 * (Example)
Example: 6 Quart Low Pressure Manual Drip Trap, Standard Aluminum Specifications
Dimensions and Weight,
inches [mm] and lbs. (kg)
Sized Code 2 6
VAREC BIOGAS 246 Series LOW PRESSURE MANUAL DRIP TRAP
Connections
Inlet and Outlet 1” NPT Threaded
Materials
Body, Cover Plate, Disc & Handle
- 356 T6 Low Copper Cast Aluminum
- All 316 SS (Option)
Internal Parts & Hardware
Stainless Steel
“O” Rings
Neoprene
Maximum Working Pressure
5 psig (34.5 kPa)
Reservoir Sizes
2.5 Quart (2.4 L)
6.0 Quart (5.7 L)
7 [178]
8 3
/
4 [222]
12 3/
8 [314]
7 3/
4 [197]
17 (7.7)
42 1/
2 (19.3)
C
A B
D
Varec Biogas reserves the right to change product design and specifications without notice.
Copyright © 2022 by Varec Biogas, A Division of Ovivo USA, LLC.
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: April 15, 2026
_________________________________ Agenda Number: ___________ Giachino Chiaramonte, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Phyllis’s Garden Soft Interview Room Memorandum of Understanding RECOMMENDATION:
Adopt a Resolution approving a Memorandum of Understanding with Phyllis’s Garden Non-Profit organization and authorizing the City Manager to execute the agreement SUMMARY:
The Police Department (MPD) seeks City Council (Council) authorization to enter into a Memorandum of Understanding (MOU) authorizing the use of one of four current interview rooms to become a dedicated Soft Interview Room.
DISCUSSION:
MPD has four dedicated interview rooms. Entering into this agreement with Phyllis’s Garden Non-Profit would dedicate one of the four to providing a welcoming environment for victims to be interviewed by detectives who have received trauma-informed interview training. This room must strictly be used for victims; at no point could it be utilized for suspects, custodial interrogations, administrative meetings or a general workspace. MPD would agree to accept furniture and décor from Phyllis’s Garden and display their logo within the room. MPD would also agree to before-and-after photography and coordinate an unveiling of the finished project. This is an opportunity for a low-cost enhancement to victims’ services at police headquarters.
Phyllis’s Garden is a non-profit whose mission is to empower survivors of sexual assault through victim advocacy, education, strategic initiatives, and collaborative efforts. Their goal in collaborating with MPD is to provide survivors with an environment where they feel empowered to share their story, dismantle stigmas, and find hope.
D-1
RETURN TO AGENDA
FINANCIAL IMPACT:
Phyllis’ Garden does not request funding from MPD or the City of Madera to complete this project. The only financial obligation would be routine facility care and consumable restocking (snacks, water, tissues, etc.)
ALTERNATIVES:
Council may decline to enter into the MOU and the interview rooms would stay in their current form. Furthermore, Council may request additional information ATTACHMENTS:
1. Resolution approving the Phyllis’s Garden MOU
2. Exhibit A: Memorandum of Understanding
RESOLUTION NO. 26-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
APPROVING AN OPERATIONAL AGREEMENT ESTABLISHING
COORDINATION OF A SOFT INTERVIEW ROOM WITH PHYLLIS’S GARDEN
NON-PROFIT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT
WHEREAS, the Police Department (MPD) and Phyllis’s Garden Non-Profit mutually recognize the importance of providing trauma informed spaces to violent crime victims; and WHEREAS, the operational agreement establishes defined roles and responsibilities between the two agencies to ensure that victims of violent crime have a welcoming environment that encourages reporting, supports victims, and facilitates effective investigations; and
WHEREAS, the agreement outlines cooperative efforts, including receiving and assembling furniture, sharing before-and-after photos of the space, coordinating an unveiling, and stocking the room with basic consumables; and
WHEREAS, the operational agreement is effective April 30, 2026, through April 30, 2027; and
WHEREAS, the City Council of the City of Madera desires to reaffirm its commitment to the empowerment and support of violent crime victims.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines, and orders as follows:
1. The above recitals are true and correct.
2. The City Council approves the Operational Agreement with the Phyllis’s Garden NonProfit, attached as Exhibit A.
3. The City Manager is authorized to execute the agreement on behalf of the City.
4. This resolution is effective immediately upon adoption. * * * * * * * *
MEMORANDUM OF UNDERSTANDING
Phyllis’s Garden Soft Interview Room
This Memorandum of Understanding (“MOU”) is entered into between Phyllis’s Garden, a California nonprofit organization, and the Madera Police Department, a public law enforcement agency of the State of California.
Purpose
This MOU establishes a collaborative partnership to create a Phyllis’s Garden Soft Interview Room—a trauma-informed space dedicated exclusively to victims of sexual assault and other traumatized victims of violent crime. The goal is to provide a welcoming environment that encourages reporting, supports victims, and facilitates effective investigations.
Use of the Soft Interview Room
The Soft Interview Room shall:
• Be used exclusively for victims and vulnerable witnesses • Never be used for suspects, custodial interrogations, administrative meetings, or general workspace
• Be maintained as a calm, victim-centered environment
Agency Eligibility and Requirements
By signing this MOU, the Madera Police Department confirms that it:
• Has a space dedicated 100% for use by victims
• Assigns detectives who have received trauma-informed interviewing training through approved providers
• Has obtained command-level approval (Chief, Captain, Station Commander or equivalent)
Responsibilities of Phyllis’s Garden
Phyllis’s Garden agrees to:
Exhibit A
• Collaborate on trauma-informed Soft Interview Room design and implementation • Operate solely through community donations
• Not request or accept funding from the Madera Police Department
Responsibilities of the Madera Police Department
The Madera Police Department agrees to:
• Accept and store delivered furnishings (Monday-Friday deliveries) • Assemble furniture and arrange the room with virtual guidance, if located more than 100 miles from Elk Grove, CA
• Allow installation of wall décor and display of the Phyllis’s Garden logo • Permit before and after photography for media and website use • Coordinate a room unveiling or dedication, including invited survivors and donors
• Maintain the room and restock basic consumables (such as water, snacks, tissues) Financial Terms
• Phyllis’s Garden does not request funding from the Madera Police Department. • All furnishings, artwork and decorative materials become the exclusive property of the Madera Police Department upon installation and completion of the Phyllis’s Garden Soft Interview Room.
• No financial obligation is created beyond routine facility care and consumable restocking (consumables at the discretion of the Madera Police Department). • This MOU is to terminate on April 30, 2027, which is one year from the installation date of April 30, 2026.
Signatures of Agreeing Parties
Phyllis’s Garden
Name:____________________________________
Signature:_________________________________
Title:______________________________________
Date:_______________________________
Madera Police Department
Name:____________________________________
Signature:_________________________________
Title:______________________________________
Date:_______________________________
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: April 15, 2026
Agenda Number: ___________
________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Rescind the naming of the Cesar Chavez Plaza
RECOMMENDATION:
Adopt a Resolution rescinding Resolution No. 96-71, which designated the plaza located on North E Street between Yosemite Avenue and East 5th Street as “Cesar Chavez Plaza” SUMMARY:
On May 15, 1996, the City Council adopted Resolution No. 96-71 naming the plaza located on North E Street between Yosemite Avenue and East 5th Street as Cesar Chavez Plaza in honor of Cesar Chavez and his contributions to farm workers and civil rights.
This item provides the City Council with the opportunity to evaluate whether rescinding the prior naming action is appropriate and to consider whether any future renaming is warranted.
DISCUSSION:
In recent weeks, allegations have emerged from individuals asserting misconduct by Cesar Chavez during his lifetime. These allegations, which have gained broader public attention, are serious in nature and involve claims of harm to vulnerable individuals.
As a result of the claims the State of California has already taken action to officially rename the state-recognized “Cesar Chavez Day” to “Farmworker’s Day.” Many local jurisdictions are also moving forward to rename various landmarks and public spaces. These include Fresno (removing Chavez’s name from a prominent boulevard), San Francisco and Sacramento (removing the name from landmarks and festivals), Los Angeles (renaming the City’s holiday to Farm Worker’s Day), and San Jose (removing the name from all City-owned sites, include the Plaza de Cesar Chavez) D-2
RETURN TO AGENDA
While such claims remain outside the City’s ability to verify or adjudicate, their emergence has prompted reconsideration of whether maintaining the current designation continues to reflect the values and expectations of the community.
Resolution No. 96-71 was adopted by the City Council to formally designate the plaza on North E Street, between Yosemite Avenue and East 5
th Street, as “Cesar Chavez Plaza.”
The resolution cited several accomplishments and attributes of Cesar Chavez, including:
▪ Founding what would become the United Farm Workers;
▪ Advancing collective bargaining rights for farm workers across multiple States; ▪ Leading national boycotts and advocacy efforts that garnered widespread support; ▪ Promoting nonviolence consistent with the principles of Mahatma Gandhi and Dr. Martin Luther King, Jr.; and
▪ Contributing to expanded opportunities for Latino communities.
The naming was intended to honor a legacy of service, sacrifice, and civil rights leadership, and to establish the plaza as a symbolic gathering place within the City’s downtown.
Recently, allegations have surfaced publicly from individuals claiming misconduct by Cesar Chavez during his lifetime. These reports have been discussed in public and media forums and have contributed to increased awareness and concern within some segments of the community.
Key considerations include:
▪ The allegations are serious in nature and involve claims of harm to vulnerable individuals; ▪ They have emerged long after the individual’s lifetime; ▪ The City is not positioned to investigate, verify, or refute such claims; and ▪ The presence of these allegations has led to questions regarding the continued appropriateness of honoring the individual through a City facility name.
Based on the severity of the allegations that have recently come to light, staff exercised discretion to remove the “Cesar Chavez Plaza” signage on March 19, 2026, pending City Council direction regarding the formal designation of the plaza.
FINANCIAL IMPACT:
The costs associated with removing his name are nominal. Staff previously removed the two signs, thus no additional costs are expected.
These costs are anticipated to be minimal and can be accommodated within existing departmental budgets.
ALTERNATIVES:
Council retains full discretion with respect to the naming of City-owned facilities. Should the Council choose to rescind Resolution No. 96-71, it is not legally obligated to immediately rename the plaza. The Council may:
▪ Leave the plaza unnamed;
▪ Consider a new name at a later date; or
▪ Initiate a broader public or policy-driven naming process.
ATTACHMENTS:
1. Resolution
2. Resolution 96-71 (to be rescinded)
3. Map of plaza
RESOLUTION NO. 26-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
RESCINDING RESOLUTION NO. 96-71 WHICH NAMED THE PLAZA
LOCATED ON NORTH E STREET BETWEEN YOSEMITE AVENUE AND EAST 5 th STREET AS “CESAR CHAVEZ PLAZA”
WHEREAS, on May 15, 1996, the City Council of the City of Madera adopted Resolution No. 96-71 naming the plaza located on North E Street between Yosemite Avenue and East 5th Street as “Cesar Chavez Plaza” in honor of Cesar Chavez; and WHEREAS, the naming of public facilities is a discretionary legislative act of the City Council intended to reflect the values and priorities of the community; and WHEREAS, in recent years, allegations have emerged from individuals asserting misconduct by Cesar Chavez during his lifetime, which have been reported in public forums and have generated community awareness and concern; and
WHEREAS, the City Council is not in a position to investigate, verify, or adjudicate such allegations; however, the Council finds it appropriate to reevaluate prior naming actions in light of information that may affect community perception and the continued suitability of honoring an individual through the naming of public property; and WHEREAS, rescinding a naming designation does not constitute a finding of fact regarding any allegations, but rather reflects a policy determination by the City Council based on current community standards and considerations; and
WHEREAS, the City Council retains full discretion to name, rename, or leave unnamed any City-owned facility and is not obligated to designate a new name upon rescission of a prior naming action.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Madera as follows:
1. Rescission of Prior Action. Resolution No. 96-71 is hereby rescinded in its entirety.
2. Removal of Designation. The designation of the plaza located on North E Street between Yosemite Avenue and East 5
th Street as “Cesar Chavez Plaza” is hereby
removed.
3. No Requirement to Rename. The City Council is not required to designate a new name for the plaza and may, at its discretion, consider a future naming action or leave the plaza unnamed.
4. This resolution is effective immediately upon adoption. *****
Attachment 2: To be rescinded
Attachment 3: Map of subject plaza
____________________________
Michael Lima, Director of Financial
____________________________
Arnoldo Rodriguez, City Manager
REPORT TOCITY COUNCIL
SUBJECT:
Final allocations for the Program Year 2026/27 Community Development Block Grant and HOME Investment Partnerships Program Annual Action Plan RECOMMENDATION:
Approve the final allocations for the Program Year 2026/27 Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) Annual Action Plan in the amount of $1,602,179
SUMMARY:
The City is an entitlement grantee for CDBG and HOMF funds as administered by the U.S.
Department of Housing and Urban Development (HUD). HUD requires entitlement grantees to adopt a comprehensive, long-term plan known as the Five-Year Consolidated Plan (Con Plan). HUD annually allocates CDBG and HOME funding to participating jurisdictions. Each year, the City is eligible to apply for and receive the funds through the development and submittal of an Annual Action Plan (AAP), which addresses the needs identified in the Fiscal Years (FYs) 2025-2029 Con Plan.
The Program Year (PY) 2026/27 AAP is the 2nd of 5 Action Plans that will support FYs 2025- 2029 Con Plan. The funding proposed in the PY 2026/27 AAP consists of multiple funding resources, including the current CDBG and HOME allocations as well as unexpended Revolving Loan program income funds, for the projects listed in the plan Staff is recommending acceptance of HUD’s final program allocations for the CDBG and HOME programs to implement the projects outlined in the PY 2026/27 AAP.
Approved by: Council Meeting of: April 15, 2026
Agenda Number: E-1
RETURN TO AGENDA
DISCUSSION:
The FYs 2025-2029 Con Plan analyzes the City’s housing and community development needs, with a priority focus on low-and-moderate income individuals, households, and neighborhoods, and describes long term strategies for meeting those needs.
The local funding priorities identified through the community participation process for the FYs 2025-2029 Con Plan include:
Increase in Affordable Housing (advance the development of affordable housing and owner-occupied rehabilitation)
Enhance Public Improvements and Public Infrastructure (enhance the quality and use of Madera’s physical infrastructure)
Address Homeless Needs and Services (addressing the individual families that are experiencing homelessness and preventing others from becoming homeless) Improve Public Services (support services for lower income households to obtain and maintain standard affordable housing)
Community and Economic Development (enhance the economic well-being of all citizens through education and training, employment opportunities, and business development)
The City’s guidelines for the allocation and reallocation of funds include following the City’s Citizen Participation Process (CPP). The CPP includes issuing a notice providing the public 30 days to review and comment on the proposed funding and holding a public hearing regarding the proposed funding and its allocation. The City posted a notice of public comment on March 4, 2026. The public comment period concluded on April 6, 2026. One public comment was received from the Community Action Partnership Agency of Madera County (CAPMC).
The AAP is a detailed document submitted yearly that outlines the specific goals, and objectives, and actions needed to achieve the strategic goals that were set in the Consolidated Plan.
The deadline to submit the PY 2026/27 AAP to HUD is May 15, 2026.
Funding Sources
CDBG
The City is a CDBG entitlement jurisdiction that receives an annual funding allocation. Each year, the City is eligible to apply for and receive the funds through the development and submittal of an AAP. Activities proposed in the AAP must support a local priority as defined in the FYs 2025-2029 Con Plan and meet, at a minimum, one of the HUD’s National Objectives:
1. Benefit to low- and moderate-income (LMI) persons; or
2. Aid in the prevention or elimination of slums or blight; or
3. Meet a need having a particular urgency (referred to as urgent need).
HUD mandates the allocation of funds across three distinct categories, each subject to a specified maximum amount, as part of its expenditure requirements. The funding category allocation amounts must be based on the current year’s award. As of the Council meeting on March 18, 2026, PY 2026/27 allocations had not been released by HUD. Therefore, Council’s tentative funding recommendations were based on the CDBG PY 2025/2026 allocation ($989,791). HUD released the PY 2026/27 CDBG and HOME allocations on April 3, 2026. The CDBG allocation decreased by approximately 3.3% ($32,694).
The final funding allocations are provided in Table 1.
Summary of Subrecipient Grant Applications and Council Allocations On December 8, 2025, the City released a Request for Funding Proposal (RFP) inviting eligible and interested entities to submit applications for the CDBG PY 2026/27 funding cycle.
Thirteen applications were received. A summary of proposed allocations follows:
Administration
During its March 18, 2026 meeting, Council unanimously approved tentative allocation recommendations for the Administrative category in the amount $197,958. The updated Program Year 2026/27 eligible allocation is $191,419, which is a decrease of $6,539. A public comment letter was received on March 25, 2026 from CAPMC for Council review and consideration (Attachment B). The letter states CPMC’s intentions to rescind both the administration and public service applications. Table 2 below shows the previously approved tentative Administration allocations. As directed by Council, staff is seeking direction to modify the allocation based on the final HUD allocation totals and the withdraw of the CAPMC application.
Table 1: Eligible funding categories and maximum funding Funding Categories Maximum %
per category
Projected
Maximum $
per category
Actual Funding
Maximum $ per
category(1)
Administration 20% $197,958 $191,419
Public Service 15% $148,469 $143,565
Capital Projects/Public Improvements No max. $643,364 $622,113 Total 100% $989,791 $957,097
(1) On April 3, 2026, the City received notification from HUD of is allocation. Staff initially projected an allocation of $989,791.
Table 2: Program Year 2026/27 Administration Allocations as of March 18, 2026 Applicant
Amount
Requested by
Applicants
Council
Tentative
Allocations
Proposed
Revisions(1)
City Action Plan Administration
Administration to Oversee the CDBG program $198,000 $182,958 $191,419 CAPMC – Fresno Madera Continuum of Care
Point-in-Time Count Administration $15,000 $15,000 $0
Total $213,000 $197,958 $191,419
(1) On April 3, 2026, the City received notification from HUD of is allocation. Staff initially projected an allocation of $989,791.
It should be noted that the Administration monies previously approved for CAPMC go towards the agency’s participation in the Fresno Madera Continuum of Care (FMCoC) on behalf of the City. It also supports funding for the personnel who lead the delivery of the local Point in Time (PIT)survey count completed annually in January. As of the time of this writing, staff can conclude the following:
1. The City is not a recipient of funding from the Continuum of Care program. After reviewing 24 CFR 578.99, “Applicability of other Federal Requirements,” no federal requirement is identified for the CDBG or HOME programs to participate in the Continuum of Care.
2. Staff consulted with the City’s HUD representative to determine if the City is required to participate in a CoC and is subject to the requirements of the PIT survey. The HUD representative confirmed that since the City’s Citizen Participation Plan does not include requirements to participate in the FMCoC and the City is not a recipient of CoC funding, there is no PIT survey requirement.
3. Staff reached out to the FMCoC. As of this writing, staff has not received a response. If Council chooses to redistribute the CAPMC allocation to the City for participation in the FMCoC, the cost to participate is approximately $1,000/year, which can be reimbursed with CDBG funds.
It should be noted that while it does not appear, as of the writing of this report, that a PIT is mandatory, it may be in the City’s interest to conduct one. Regardless, staff will continue to research the issue and will report to Council.
Public Service
The City received $440,000 in requests for Public Service funds. After deliberation, Council unanimously voted to approve tentative allocation recommendationsin the amount of $148,468.
The updated PY 2026/27 eligible allocation is $143,565, which is a decrease of $4,903. As mentioned, the public comment letter received March 25, 2026, from CAPMC states that the public service application is being rescinded. Table 3 below shows Council’s tentative allocation recommendations for Public Services. As directed by Council, staff is seeking direction to modify the allocations based on the final HUD allocation totals and the withdraw of the CAPMC application, which is a total of $29,903.
Table 3: Program Year 2026/27 Public Service Allocations as of March 18, 2026 Applicant
Amount
Requested by
Applicants
Council
Tentative
Allocations (1)
Proposed
Revisions(2)(3)
Community Action Partnership
Housing Stabilization $65,000 $25,000 $0
Pequeños Empresarios
Madera Elevate $75,000 $0 $0
Project Run Madera
Project Run Madera $20,000 $17,500 $17,500
O.L.I.V.E. Charitable Organization
The Bennet House $15,000 $15,000 $15,000
United Way-Fresno & Madera Counties
Community -Based Navigation and Support $50,000 $17,500 $17,500 Madera County Food Bank
Food Access & Family Support Project $150,000 $43,468 $43,468 City of Madera Parks Department
Seniors Nutrition & Recreational Program $65,000 $30,000 $30,000 Total $440,000 $148,468 $123,468
(1) March 18, 2026 City Council meeting.
(2) On April 3, 2026, the City received notification from HUD of is allocation. Staff initially projected an allocation of $989,791.
(3) (3)The total in this column only reflects the elimination of the CAPMC allocation. The overall reduction of $4,903 in funding for this category is not reflected. Staff is seeking direction on the reallocation of a total of $29,903 for this category.
Capital Projects/Public Improvements
The Capital/Public Improvements funding category for the PY 2026/27 includes two funding resources. The City received four applications in this funding category for a total of $659,000.
The approximate amount available for this funding category is $643,365. The updated PY 2026/27 eligible allocation is $622,113, which is a decrease of $21,251. Council unanimously agreed to the proposed funding for all four projects. Table 4 below provides funding detail for the previously approved Capital Project/Public Improvements funding proposals. As directed by Council, staff is seeking direction to modify the allocation based on the final HUD allocation totals.
Table 4: Program Year 2026/27 Capital and Public Improvements Allocations Applicant Amount
Requested by
Applicants
Council
Tentative
Allocations (1)
Proposed
Revisions (2) (3)
City Public Works
Sidewalk and ADA Corner Ramp (2026) $230,000 $230,000 $230,000 City of Madera Parks Department
Horseshoe Pits- Design $51,000 $51,000 $51,000
City of Madera Parks Department
Clinton Street Widening $78,000 $78,000 $78,000
City of Madera Parks Department
Demolition Project: Mexican-American &
CASA Buildings
$300,000 $284,365 $284,365
Total $659,000 $643,365 $643,365
(1) March 18, 2026 City Council meeting.
(2) On April 3, 2026, the City received notification from HUD of is allocation. Staff initially projected an allocation of $989,791.
(3) The overall reduction of $21,251 in funding is not reflected. Staff is seeking direction on the reallocation of $21,251 for this funding category.
In total, there is $32,964 of this PY’s CDBG allocation that is available for reallocation. Staff is seeking Council direction for the allocation of the $32,964, while incorporating the public comment received from CAPMC. The following options are noted for Council consideration:
1. Council may reallocate the entire public service funding allocation in the amount of $143,565.
2. Council may elect to allocate the CAPMC award in the amount of $25,000 to another Public Service application or group of Public Service applications.
3. Council may elect to not allocate the CAPMC award in the amount of $25,000 to a Public Service application, and instead may elect to allocate the CAPMC award ($25,000) to a Capital Project application.
Unexpended Funds
During the Council meeting on March 18, 2026, Council approved the reallocation of CDBGRevolving Loan Program Income to the reconstruction of the City’s Centennial Park Pool.
Table 5 provides funding detail.
Table 5: Proposed Allocation of the CDBG-RLF Program Income as of March 18, 2026 Funding Source Reallocation Project Amount to
Reallocate
Council Tentative
Allocation (1)
Proposed
Revision
CDBG-RLF
Program Income
City Parks
Centennial Park Pool $239,322 $239,322 $239,322
(1) March 18, 2026 City Council meeting.
There are no changes from the proposed funding reallocation.
Home Investment Partnership Program Funds
The City is an entitlement jurisdiction for HOME funds. The updated Program Year 2026/27 eligible allocation is $450,760, which is an increase of $52,203.
An eligible HOME project must be a form of an affordable housing activity and serve lowmoderate income families. Eligible activities for HOME funds are:
Housing rehabilitation
New construction of affordable housing units
Acquisition and rehabilitation
Multifamily projects
New construction
Down payment assistance programs
First-time homebuyer down payment assistance
Owner occupied rehabilitation
Tenant-based rental assistant programs
Predevelopment loans to CHDOs
The FYs 2025-2029 Con Plan found that affordable housing isthe number one priority needed in the City. Therefore, staff is proposing HOME funds in the amount of $365,184 for affordable housing projects. The remaining balance of $40,576 will be allocated to the administration of Project HOME.
FINANCIAL IMPACT:
This allocation will not have an impact on the General Fund. The City will administer the CDBG and HOME grants with current City staff. All of the CDBG and HOME monies mentioned in this staff report will be included in the Fiscal Year 2026/27 Proposed City Budget for Council consideration. It should be noted that failure to meet HUD’s submission deadline of May 15, 2026, may result in reduction or loss of federal funding.
ALTERNATIVES:
As an alternative, to the proposed funding recommendations, Council may:
1. Reject the proposed funding allocations.
2. Adjust the proposed funding allocations.
3. Develop new allocations.
ATTACHMENTS:
1. Attachment A: PY 2026/27 BGC Allocation Proposals
2. Attachment B: Public Comment Letter - CAPMC
Activity Type
Estimated
Maximum
Allocation Proposal
Amount
Requested
Block Grant
Commission
Funding
Proposals
03/02/26
City Council
Proposals
03/18/26
Mayor
Proposal
Mayor Pro
Tem Zacharia
Councilmember
Rodriguez
Councilmember
Montes
Councilmember
Evans
Councilmember
Mejia
Councilmember
Villegas
City Council
Final
Funding
Allocations
05/06/26
Max. Remaining
Funds
Administration $ 197,958 City of Madera
CDBG Administration $ 198,000.00 $ 182,958.00 $ 182,958.00 CAPMC Fresno Madera Continuum of Care
Point-In-Time Administration $ 15,000.00 $ 15,000.00 $ 15,000.00 Total Administration: $ 213,000.00 $ 197,958.00 $ 197,958.00 $ - $ - $ - $ - $ - $ - $ - $ - $0 Activity Type
Estimated
Maximum
Allocation Proposal
Amount
Requested
Block Grant
Commission
City Council
Proposals
03/18/26
Mayor
Proposal
Mayor Pro
Tem Zacharia
Councilmember
Rodriguez
Councilmember
Montes
Councilmember
Evans
Councilmember
Mejia
Councilmember
Villegas
City Council
Final
Funding
Allocations
05/06/26
Max. Remaining
Funds
Community Action Partnerhsip
Housing Stabilization $ 65,000.00 $ 30,000.00 $ 25,000.00 $ (5,000.00) $ 20,000.00 City Parks Dept.
Seniors Nutrition & Recreational Program $ 65,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 O.L.I.V.E Charitable Organization
The Bennet House $ 15,000.00 $ 15,000.00 $ 15,000.00 $ - $ 15,000.00 Pequenos Empresarios
Madera Elevate $ 75,000.00 $ - $ - $ - $ -
Project Run
Project Run Madera $ 20,000.00 $ 15,000.00 $ 17,500.00 $ - $ 2,500.00 $ 20,000.00 United Way- Fresno & Madera Counties
Community-Based Navigation and Support $ 50,000.00 $ 15,000.00 $ 17,500.00 $ - $ 2,500.00 $ 20,000.00 Madera County Food Bank
Food Access & Family Support Project $150,000 $ 43,468.00 $ 43,468.00 $ - $ - $ 43,468.00 Total Public Services: $ 440,000.00 $ 148,468.00 $ 148,468.00 $ 148,468.65 $ 148,468.65 $ 148,468.65 $ 148,468.65 $ 0.65 $ 148,468.65 $ 148,468.65 $ - $ 1 Activity Type
Estimated
Maximum
Allocation Proposal
Amount
Requested
Block Grant
Commission
City Council
Proposals
03/18/26
Mayor
Proposal
Mayor Pro
Tem Zacharia
Councilmember
Rodriguez
Councilmember
Montes
Councilmember
Evans
Councilmember
Mejia
Councilmember
Villegas
City Council
Final
Funding
Allocations
05/06/26
Max. Remaining
Funds
City Public Works
Sidewalk and ADA Corner Ramp (2026) $ 230,000.00 $ 230,000.00 $ 230,000.00 City Parks Dept.
Horseshoe Pits, Design $ 51,000.00 $ 51,000.00 $ 51,000.00 City Parks Dept.
Clinton Street Widening $ 78,000.00 $ 78,000.00 $ 78,000.00 City Parks Dept.
Demolition Project- Mexican American & Casa
Buildings $ 300,000.00 $ 284,365.00 $ 284,365.00
Total Capital Projects/Public
Improvements: $ 659,000.00 $ 643,365.00 $ 643,365.00 $ - $ - $ - $ - $ - $ - $ - $ - $ (1) $ 989,791.00
City of Madera 2026/27 Proposed Allocations
Community Development Block Grant Programs and Projects Public Services $ 148,469
Total Projected Funding
Capital/Public
Improvements $ 643,364
S:\CDBG Program\PLANNING (Con AI Fair Housing AA)\Action Plans\2026-2027 Action Plan\Funding Proposals\Allocation Proposals _03.18.26CDBG 26-27 Funding Proposals Attachment A
Attachment B
REPORT TO CITY COUNCIL
Keith Helmuth, Department Director
Arnoldo Rodriguez, City Manager
SUBJECT:
Domestic Well Mitigation Program (DWMP) Updates
RECOMMENDATION:
Receive presentation from John Davids with regard to the Domestic Well Mitigation Program (DWMP)
SUMMARY:
Mr. Davids will provide a presentation summarizing the current status of the DWMP.
DISCUSSION:
City Council (Council) has considered multiple topics related to the DWMP. Consideration has included the original attempts by the Groundwater Sustainability Agency (GSA) Coordination Workgroup (Workgroup) to develop a program that included all GSAs within the Madera Subbasin. As the discussions between GSAs continued, it became clear that a DWMP that included all GSAs would not be possible. Alternatives for a DWMP with other GSAs that included the County, MID and MWD GSAs eventually coalesced into a DWMP that included the City, Madera Irrigation District (MID) and Madera Water District (MWD) GSA. The City, MID and MWD GSAs are very near the point in which it becomes active. Mr. Davids will provide an update on the current status of the DWMP, the process in which property owners can apply for assistance, approval of applications, selection of pre-qualified well drillers, and the timelines in which the process is intended to follow.
Approved by:
Groundwater Sustainability Agency
Council Meeting of: April 15, 2026
Agenda Number: E-2 ____
RETURN TO AGENDA
Mr. Davids and his firm have been closely tied to the preparation of the Groundwater Sustainability Plan (GSP) and multiple other aspects of the Madera Subbasin meeting the requirements of the Sustainable Groundwater Management Act (SGMA). As such, he represents a good source of feedback to questions that the City Council may have.
FINANCIAL IMPACT:
There are no financial impacts to the General Fund or Water fund as a result of this presentation.
ALTERNATIVES:
None - This report does not include topics of discussion that might be subject to alternatives.
ATTACHMENTS:
None
Madera City Council Meeting
April 15, 2026
Agenda Item E-3
E-3 Selecting Recipients for May Proclamations
Recommendation: Request for Council’s Selection of
Recipients for the Proclamation
Recognizing National Foster Care
Awareness Month, Relay for Life, and
Letter Carrier's Stamp Out Hunger Food
Drive Day (Report by Alicia Gonzales)
There is no written report for this item.
RETURN TO AGENDA
REPORT TO CITY COUNCIL
Approved by:
________________________________
Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Discussion and Direction Regarding Participation Rules for the Woman of the Year Program RECOMMENDATION:
This report was prepared at the direction of the City Council (Council) to facilitate discussion on participation guidelines for the Woman of the Year event SUMMARY:
The Woman of the Year program, initiated in 2022, has become an annual recognition held during a City Council meeting in observance of Women’s History Month. The program honors individuals selected by members of the City Council, with each Councilmember typically selecting one honoree from their district.
Participation in the program has traditionally been optional, with costs covered through each participating Councilmember’s district annual budget. As Council is aware, each Councilmember is provided $800 per fiscal year to allocate at their discretion per City guidelines.
At the March 18, 2026, meeting, the City Council directed staff to return with an item to allow for discussion on participation expectations and program guidelines.
FINANCIAL IMPACT:
There is no direct financial impact associated with this report. Costs associated with the Woman of the Year program are currently funded through individual Councilmember district allocations.
Any changes to participation or program structure may impact future costs.
Council Meeting of: April 15, 2026
Agenda Number: ___E-4_____ _
RETURN TO AGENDA
ALTERNATIVES:
The City Council may choose to provide alternative direction, including maintaining the current program format, modifying participation expectations, or establishing formal guidelines for future implementation.
ATTACHMENTS:
None.