Madera City Council
June 17, 2026

City of Madera Full Time Salary Schedule
Effective 6/13/2026
Job Title B/U Range A B C D E F
Bi-Weekly Pay Rate
Mechanic III GBU 321 $2,004.67 $2,104.72 $2,210.20 $2,320.50 $2,436.83 $2,558.58 Neighborhood Outreach Assistant GBU 276 $1,601.45 $1,681.61 $1,765.99 $1,853.99 $1,946.81 $2,044.45 Neighborhood Outreach Coordinator GBU 306 $1,860.02 $1,953.44 $2,051.08 $2,153.55 $2,260.83 $2,374.14 Office Assistant I GBU 263 $1,501.39 $1,576.13 $1,655.09 $1,737.66 $1,824.46 $1,916.07 Office Assistant II GBU 283 $1,658.71 $1,741.28 $1,828.68 $1,920.29 $2,016.12 $2,116.78 Parks Leadworker GBU 323 $2,024.56 $2,125.82 $2,232.50 $2,344.01 $2,460.94 $2,583.89 Parks Worker I GBU 263 $1,501.39 $1,576.13 $1,655.09 $1,737.66 $1,824.46 $1,916.07 Parks Worker II GBU 283 $1,658.71 $1,741.28 $1,828.68 $1,920.29 $2,016.12 $2,116.78 Parks Worker III GBU 303 $1,832.29 $1,923.91 $2,020.34 $2,121.60 $2,227.68 $2,338.58 Payroll Specialist GBU 316 $1,955.25 $2,052.89 $2,155.96 $2,263.24 $2,376.55 $2,495.29 Plans Examiner GBU 360 $2,435.02 $2,556.77 $2,684.55 $2,818.96 $2,960.00 $3,107.66 Public Works Equipment Operator GBU 303 $1,832.29 $1,923.91 $2,020.34 $2,121.60 $2,227.68 $2,338.58 Public Works Maintenance Lead Worker GBU 323 $2,024.56 $2,125.82 $2,232.50 $2,344.01 $2,460.94 $2,583.89 Public Works Maintenance Worker I GBU 263 $1,501.39 $1,576.13 $1,655.09 $1,737.66 $1,824.46 $1,916.07 Public Works Maintenance Worker II GBU 283 $1,658.71 $1,741.28 $1,828.68 $1,920.29 $2,016.12 $2,116.78 Purchasing Assistant GBU 280 $1,633.99 $1,715.36 $1,801.55 $1,891.36 $1,985.99 $2,085.44 Recreation/Community Programs Coordinator GBU 313 $1,926.32 $2,022.75 $2,123.41 $2,230.09 $2,341.60 $2,458.53 Solid Waste/Recycling Assistant GBU 283 $1,658.71 $1,741.28 $1,828.68 $1,920.29 $2,016.12 $2,116.78 Solid Waste/Recycling Coordinator GBU 313 $1,926.32 $2,022.75 $2,123.41 $2,230.09 $2,341.60 $2,458.53 Water Conservation Customer Service Representative GBU 263 $1,501.39 $1,576.13 $1,655.09 $1,737.66 $1,824.46 $1,916.07 Water Conservation Specialist GBU 283 $1,658.71 $1,741.28 $1,828.68 $1,920.29 $2,016.12 $2,116.78 Water Quality Specialist I GBU 320 $1,994.43 $2,094.48 $2,199.35 $2,309.05 $2,424.77 $2,545.92 Water Quality Specialist II GBU 340 $2,204.17 $2,313.87 $2,429.59 $2,551.35 $2,679.12 $2,812.93 Water Quality Specialist In Training GBU 293 $1,743.09 $1,830.48 $1,922.10 $2,017.93 $2,119.19 $2,225.27 Water System Lead Worker GBU 365 $2,496.50 $2,621.26 $2,752.66 $2,890.08 $3,034.73 $3,186.62 Water System Technician GBU 350 $2,316.88 $2,432.61 $2,554.36 $2,681.54 $2,815.94 $2,956.38 Water System Worker I GBU 293 $1,743.09 $1,830.48 $1,922.10 $2,017.93 $2,119.19 $2,225.27 Water System Worker II GBU 320 $1,994.43 $2,094.48 $2,199.35 $2,309.05 $2,424.77 $2,545.92 Water System Worker III GBU 340 $2,204.17 $2,313.87 $2,429.59 $2,551.35 $2,679.12 $2,812.93 WW Lab Analyst/Environmental Compliance Inspector I GBU 345 $2,259.63 $2,372.34 $2,491.07 $2,615.84 $2,746.63 $2,884.05 WW Lab Analyst/Environmental Compliance Inspector II GBU 365 $2,496.50 $2,621.26 $2,752.66 $2,890.08 $3,034.73 $3,186.62

City of Madera Full Time Salary Schedule
Effective 6/13/2026
Job Title B/U Range A B C D E F
Bi-Weekly Pay Rate
WWTP Lead Operator GBU 383 $2,730.96 $2,867.78 $3,011.23 $3,161.31 $3,319.82 $3,485.57 WWTP Mechanic GBU 375 $2,624.28 $2,755.67 $2,893.09 $3,037.75 $3,189.63 $3,349.36 WWTP Operator I GBU 322 $2,014.92 $2,115.57 $2,221.05 $2,331.95 $2,448.88 $2,571.24 WWTP Operator II GBU 344 $2,248.17 $2,360.88 $2,479.02 $2,602.58 $2,732.77 $2,869.59 WWTP Operator III GBU 364 $2,484.44 $2,608.61 $2,738.79 $2,875.61 $3,019.67 $3,170.35 WWTP Operator In Training GBU 301 $1,814.21 $1,905.22 $2,000.45 $2,100.51 $2,205.38 $2,315.68 Executive Secretary to the Chief of Police LEMM 330 $2,096.89 $2,201.76 $2,311.46 $2,427.18 $2,548.33 $2,676.11 Police Auxiliary Services Supervisor LEMM 380 $2,690.58 $2,824.98 $2,966.02 $3,114.90 $3,270.40 $3,433.74 Police Commander LEMM 504 $4,993.60 $5,243.73 $5,505.92 $5,780.76 $6,070.07 $6,373.24 Police Lieutenant LEMM 487 $4,587.96 $4,817.00 $5,058.09 $5,311.24 $5,576.44 $5,855.50 Police Office Supervisor LEMM 380 $2,690.58 $2,824.98 $2,966.02 $3,114.90 $3,270.40 $3,433.74 Chief Building Official M 464 $4,010.50 $4,210.82 $4,421.18 $4,642.78 $4,874.41 $5,118.46 City Engineer M 533 $5,657.96 $5,940.41 $6,237.64 $6,549.64 $6,877.00 $7,220.91 Communications Manager M 456 $3,853.32 $4,045.96 $4,248.64 $4,460.78 $4,684.14 $4,918.14 Director of Community Development M 535 $5,714.69 $6,000.10 $6,300.28 $6,615.23 $6,946.14 $7,293.60 Director of Financial Services M 525 $5,436.37 $5,708.19 $5,993.59 $6,293.19 $6,608.14 $6,938.46 Director of Human Resources M 513 $5,120.82 $5,376.69 $5,645.55 $5,928.00 $6,224.05 $6,535.46 Director of Information Technology M 500 $4,799.37 $5,039.28 $5,291.00 $5,555.73 $5,833.46 $6,125.37 Director of Parks & Community Services M 509 $5,019.78 $5,270.32 $5,533.87 $5,810.41 $6,101.14 $6,406.05 Planning Manager M 500 $4,799.37 $5,039.28 $5,291.00 $5,555.73 $5,833.46 $6,125.37 Police Chief M 554 $6,282.55 $6,596.91 $6,926.64 $7,272.91 $7,636.32 $8,018.05 Public Works Operations Director (unlicensed) M 508 $4,994.37 $5,244.32 $5,506.69 $5,782.05 $6,071.00 $6,374.14 Public Works Operations Director (licensed Civil Engineer) M 533 $5,657.96 $5,940.41 $6,237.64 $6,549.64 $6,877.00 $7,220.91 Accountant I MM 322 $2,014.92 $2,115.57 $2,221.05 $2,331.95 $2,448.88 $2,571.24 Accountant II MM 362 $2,459.73 $2,582.69 $2,711.67 $2,847.29 $2,989.53 $3,139.01 Administrative Analyst I MM 358 $2,410.91 $2,531.46 $2,658.03 $2,791.23 $2,930.46 $3,076.92 Administrative Analyst II MM 386 $2,772.55 $2,911.17 $3,056.43 $3,209.53 $3,369.85 $3,538.01 Assistant Engineer MM 392 $2,856.33 $2,999.17 $3,149.25 $3,306.56 $3,472.31 $3,645.90 Associate Civil Engineer MM 453 $3,872.53 $4,006.00 $4,269.12 $4,482.49 $4,706.70 $4,941.76 Associate Planner MM 368 $2,534.47 $2,661.04 $2,794.25 $2,933.48 $3,080.54 $3,234.24 Code Enforcement Supervisor MM 380 $2,690.58 $2,824.98 $2,966.02 $3,114.90 $3,270.40 $3,433.74

City of Madera Full Time Salary Schedule
Effective 6/13/2026
Job Title B/U Range A B C D E F
Bi-Weekly Pay Rate
Communications Specialist MM 358 $2,410.91 $2,531.46 $2,658.03 $2,791.23 $2,930.46 $3,076.92 Construction Inspection Supervisor MM 400 $2,972.65 $3,121.53 $3,277.63 $3,441.58 $3,613.35 $3,794.17 Deputy City Engineer MM 503 $4,968.89 $5,217.21 $5,478.19 $5,752.43 $6,039.93 $6,341.90 Electrical and Facilities Operations Manager MM 421 $3,301.14 $3,466.29 $3,639.27 $3,821.29 $4,012.36 $4,213.07 Engineering Project Manager MM 419 $3,267.99 $3,431.93 $3,603.11 $3,783.32 $3,972.58 $4,171.48 Executive Secretary MM 330 $2,096.89 $2,201.76 $2,311.46 $2,427.18 $2,548.33 $2,676.11 Executive Secretary to City Administrator MM 330 $2,096.89 $2,201.76 $2,311.46 $2,427.18 $2,548.33 $2,676.11 Financial Services Manager MM 446 $3,739.32 $3,926.17 $4,122.66 $4,328.79 $4,545.17 $4,772.40 Fleet Operations Manager MM 404 $3,032.93 $3,184.21 $3,343.33 $3,510.89 $3,686.28 $3,870.72 Grant Administrator MM 446 $3,739.32 $3,926.17 $4,122.66 $4,328.79 $4,545.17 $4,772.40 Grant Analyst MM 358 $2,410.91 $2,531.46 $2,658.03 $2,791.23 $2,930.46 $3,076.92 Human Resources Technician MM 290 $1,717.77 $1,803.36 $1,893.77 $1,988.40 $2,087.85 $2,192.12 Human Resources Technician II MM 310 $1,897.39 $1,992.62 $2,092.07 $2,196.94 $2,306.64 $2,421.76 Network Administrator MM 389 $2,814.14 $2,954.57 $3,102.24 $3,257.74 $3,420.48 $3,591.65 Park Project Manager MM 426 $3,384.32 $3,553.68 $3,731.49 $3,917.73 $4,113.62 $4,319.15 Parks Manager MM 385 $2,758.68 $2,896.11 $3,041.36 $3,193.25 $3,352.97 $3,520.53 Parks Supervisor MM 350 $2,316.88 $2,432.61 $2,554.36 $2,681.54 $2,815.94 $2,956.38 Procurement Services Manager MM 358 $2,410.91 $2,531.46 $2,658.03 $2,791.23 $2,930.46 $3,076.92 Program Manager-Grants MM 366 $2,509.16 $2,634.52 $2,766.52 $2,904.54 $3,049.80 $3,202.29 Recreation/Community Programs Manager MM 390 $2,828.00 $2,969.64 $3,117.91 $3,274.02 $3,437.36 $3,609.74 Recreation/Community Programs Supervisor MM 353 $2,351.84 $2,469.38 $2,592.33 $2,721.92 $2,858.13 $3,000.98 Redevelopment Agency Secretary MM 342 $2,225.87 $2,337.38 $2,454.31 $2,576.66 $2,705.64 $2,841.26 Redevelopment Manager MM 427 $3,401.19 $3,571.16 $3,750.17 $3,937.62 $4,134.11 $4,340.84 Safety Officer MM 358 $2,410.91 $2,531.46 $2,658.03 $2,791.23 $2,930.46 $3,076.92 Senior Civil Engineer MM 483 $4,496.95 $4,722.37 $4,958.04 $5,206.36 $5,466.14 $5,739.78 Senior Planner MM 429 $3,435.55 $3,607.32 $3,787.54 $3,976.80 $4,175.70 $4,384.24 Solid Waste Manager MM 353 $2,351.84 $2,469.38 $2,592.33 $2,721.92 $2,858.13 $3,000.98 Streets & Storm Drainage Ops. Manager MM 421 $3,301.14 $3,466.29 $3,639.27 $3,821.29 $4,012.36 $4,213.07 Streets & Storm Drainage Supervisor MM 350 $2,316.88 $2,432.61 $2,554.36 $2,681.54 $2,815.94 $2,956.38 Tyler Munis Implementation Project Manager MM 408 $3,093.80 $3,248.70 $3,410.84 $3,581.41 $3,760.42 $3,948.47 Utility Billing Supervisor MM 334 $2,139.08 $2,245.76 $2,358.47 $2,476.00 $2,600.17 $2,729.75

City of Madera Full Time Salary Schedule
Effective 6/13/2026
Job Title B/U Range A B C D E F
Bi-Weekly Pay Rate
Waste Water Treatment Plant Manager MM 459 $3,990.06 $4,189.56 $4,398.71 $4,618.70 $4,849.55 $5,092.45 Wastewater Collection System Supervisor MM 346 $2,271.08 $2,384.39 $2,503.73 $2,629.10 $2,760.49 $2,898.52 Water & Sewer Operations Manager MM 423 $3,334.29 $3,500.64 $3,676.04 $3,859.87 $4,052.74 $4,255.26 Water Meter & Conservation Supervisor MM 340 $2,204.17 $2,313.87 $2,429.59 $2,551.35 $2,679.12 $2,812.93 Water System Supervisor MM 385 $2,758.68 $2,896.11 $3,041.36 $3,193.25 $3,352.97 $3,520.53 Crime Analysis Technician MPOA 306 $1,860.02 $1,953.44 $2,051.08 $2,153.55 $2,260.83 $2,374.14 Police Corporal MPOA 395 $2,899.72 $3,044.38 $3,196.87 $3,356.59 $3,524.15 $3,700.75 Police Officer I MPOA 373 $2,598.36 $2,727.95 $2,864.76 $3,007.61 $3,158.29 $3,316.21 Police Officer II MPOA 381 $2,703.84 $2,839.45 $2,990.13 $3,129.96 $3,286.67 $3,451.22 Police Officer Trainee MPOA 363 $2,471.79 $2,595.34 $2,724.93 $2,861.15 $3,004.60 $3,154.68 Police Sergeant MPOA 426 $3,384.32 $3,553.68 $3,731.49 $3,917.73 $4,113.62 $4,319.15 Property & Evidence Officer MPOA 296 $1,769.61 $1,858.21 $1,951.03 $2,048.67 $2,151.14 $2,258.42 Public Safety Dispatcher I MPOA 300 $1,805.17 $1,895.58 $1,990.21 $2,089.66 $2,194.53 $2,304.23 Public Safety Dispatcher II MPOA 341 $2,215.02 $2,325.93 $2,442.25 $2,564.00 $2,692.38 $2,826.79 Records Clerk MPOA 270 $1,554.43 $1,632.19 $1,713.55 $1,799.74 $1,889.55 $1,984.18

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: June 17, 2026
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Education and Leadership Foundation Fee Waiver Request for the Workers’ Rights Resource Fair RECOMMENDATION:

Adopt a Resolution waiving the rental fees of the Pan-American Community Center on June 27, 2026, related to the Workers’ Rights Resource Fair, hosted by the Education & Leadership Foundation, at an anticipated rental fee of $1,025
SUMMARY:

The City received a request from the Education & Leadership Foundation seeking a waiver of rental fees for the use of the Pan-American Community Center (PACC) on June 27, 2026, for a Workers’ Rights Resource Fair.

The request includes full-day use and access to the PACC from 8 a.m. to 5 p.m. on said date, with access to the kitchen and early entry.

DISCUSSION:

The Education & Leadership Foundation has submitted a formal request to use PACC on June 27, 2026, for a Workers’ Rights Resource Fair. This event is intended to inform community members of their rights as workers and connect them with organizations and services that provide support, education, and resources for working families.

The goal of the Education & Leadership Foundation is to ensure that workers and families in the community are informed, empowered, and aware of the protections and resources available to them. Through this event, the Education & Leadership Foundation hopes to create a welcoming space where community members can access information, ask questions, and receive support B-9
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from trusted organizations. The approval of a fee waiver would allow the Education & Leadership Foundation to dedicate more resources toward providing services, outreach materials, and support for attendees, ensuring that the event delivers the greatest possible benefit to the Madera community.

The Education & Leadership Foundation is committed to adhering to all rules and regulations regarding the use of the facility and will ensure the area utilized is left in its original condition following the conclusion of the 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 PACC, with the spaces requested, are summarized in Table 1, which would be applicable for this rental. Costs are derived from the City of Madera Master Fee Schedule.

Table 1: Estimated Financial Impact Without Fee Waiver
Administrative Fee $25
Early Entry Access $50
Kitchen Access $135
Gym $715
Special Event $100
Total $1,025
The total applicable cost for PACC, with dates and times as requested, would be $1,025.

ALTERNATIVES:

The Council may elect to reject the fee waiver and require the Education & Leadership Foundation to remit any associated fees if it wishes to rent the PACC on June 27, 2026 for the Workers’ Rights Resource Fair.

ATTACHMENTS:

1. Resolution – Waiving the rental fees of the Pan-American Community Center on June 27, 2026, related to the Workers’ Rights Resource Fair, hosted by the Education & Leadership Foundation, at an anticipated rental fee of $1,025

2. Request Letter Authored by Mario A. Gonzales, Executive Director ATTACHMENT 1
Resolution – Waiving the rental fees of the Pan-American Community Center on June 27, 2026, related to the Workers’ Rights Resource Fair, hosted by the Education & Leadership Foundation, at an anticipated rental fee of $1,025
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 ON JUNE 27, 2026, RELATED TO THE WORKERS’

RIGHTS RESOURCE FAIR, HOSTED BY THE EDUCATION & LEADERSHIP FOUNDATION, AT AN ANTICIPATED RENTAL FEE OF $1,025
WHEREAS, the City has received a request for the waiver of fees for the rental of the PanAmerican Community Center (PACC); and WHEREAS, the request is from the Education and Leadership Foundation; and WHEREAS, the Education and Leadership Foundation islooking to utilize the PACC on June 27, 2026, related to the Workers’ Rights Resource Fair, from 8 a.m. to 5 p.m.; 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 $1,025; and WHEREAS, the Education and Leadership Foundation isstill subject to providing insurance documentation for City facility rentals that meet City requirements.

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

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

2. The Council finds that the waiver of fees as set forth in this resolution serves a valid public purpose in that the Education and Leadership Foundation serves a community need by providing residents with valuable resources, educational opportunities, community partnerships, fellowship, and access to critical services.

3. The City Council does hereby waive the City fees for rental fees of the Pan-American Community Center on the date and time identified, subject to confirmation of insurance.

4. This resolution is effective immediately upon adoption. * * * * * *
ATTACHMENT 2
Request Letter Authored by Mario A. Gonzales, Executive Director

REPORT TO CITY COUNCIL
Approved by:

Michael Lima, Director of Financial Services
Arnoldo Rodriguez, City Manager
SUBJECT:

Fiscal Year (FY) 2026-2030 Transit Asset Management Plan RECOMMENDATION:

Adopt a Resolution Approving the FY 2026 – 2030 City of Madera Transit Asset Management Plan
SUMMARY:

Federal law (49 CFR 625) requires recipients of federal financial assistance to develop a Transit Asset Management (TAM) Plan. The Final Rule set by the Federal Transit Administration (FTA) establishes minimum asset management practices for transit providers to monitor and manage public transportation capital assets for the purposes of enhancing safety, reducing maintenance costs, increasing reliability and improving performance. In essence, this regulation establishes minimum standards for the maintenance of assets.

The City’s TAM Plan outlines a strategic approach to managing fleet and facilities to optimize their performance and useful life. As a recipient of FTA funds the City is required to update its TAM Plan every four years (at a minimum). Staff is requesting Council approval of the City ‘s TAM Plan for the FY 2026 – 2030 performance period.

DISCUSSION:

The Moving Ahead for Progress in the 21st Century Act (MAP-21) is Federal legislation with provisionsintended to help the FederalMotor Carrier Safety Administration (FMCSA)in itsmission to reduce crashes, injuries and fatalities involving large trucks and buses. MAP-21 required the U.S. Secretary of Transportation to develop a system of monitoring and managing public transportation assets. The monitoring system established performance measures, to be used to improve safety, increase reliability and enhance system performance.

Council Meeting of: June 17, 2026
Agenda Number: B-10
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On July 26, 2016, the FTA published the Transit Asset Management (TAM) Final Rule as part of implementing MAP-21. The Final Rule aims to help achieve and maintain the nation’s public transportation assets (i.e. buses, vehicles and maintenance and administrative facilities) in a State of Good Repair (SGR). Additionally, transit asset condition is used to guide the optimal prioritization of funding.

Updates to the City’s FY 2022-2026 TAM Plan were last approved by Council on December 18, 2024. This year begins a new four-year performance period. The new performance period for the proposed TAM Plan is FY 2026-2030. In addition to updating the performance period, staff made the following changes:

Removed the following sections as they are not required by the regulations:
 Safety Management System Policy – this section is covered in the Public Transportation Agency Safety Plan (PTASP)
 Capital Improvement Development Policy
 Procurement Policy – Transit
 City of Madera Department Organization Chart
 Flow charts that did not support the FTA’s required components The following sections were updated:
 Updated FIGURE A: NTD A-90 TAM TARGETS Report to reflect the current fleet status (pg. 4)
 Added the TAM & SGR Policy (pg. 4)
 Added FIGURE B: FTA TERM RATING SCALE (pg.5)
 Updated TABLE 1: FACILITY ASSET CONDITION ULB (pg.6)
 Updated TABLE 2: VEHICLE ASSET CONDITION/ULB (Useful Life Benchmark) to reflect the current fleet status (pg.6)
 Updated the PRIORITY LIST OF INVESTMENTS (pg.8)
 Overall reformatting/restructuring of the document to allow for a better flow of the required information.

The updated components of the TAM Plan are highlighted in Exhibit A. Approval of the TAM Plan by Council is required prior to submission to FTA.

FINANCIAL IMPACT:

As a recipient of federal funds, conformance with TAM Plan requirements is mandatory to continue receiving FTA funds. Alternatively, the City is at risk of ineligibility for these fundsshould a TAM Plan not be adopted.

ALTERNATIVES:

Council may choose not to approve the resolution and TAM Plan FY2026/2030. As a result, the City’s Transit Services would be out of compliance with the FTA and would not meet TAM Regulation, as specified under 49 CFR Part 625. Consequently, Federal funding could be jeopardized, which would require staff would need to seek other revenue sources, possibly including the General Fund, to offset the cost of continuing to provide public transit services.

ATTACHMENTS:

1. Attachment - Resolution
 Exhibit A – City of Madera TAM Plan FY 2026-2030
RESOLUTION NO. 26-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING THE TRANSIT ASSET MANAGEMENT (TAM) PLAN FY 2026-2030
WHEREAS, on July 26, 2016, Federal Transit Administration (FTA) published the Transit Asset Management (TAM) Final Rule; and
WHEREAS, the purpose of the FTA Final Rule for TAM is to help achieve and maintain transportation capital assets in a State of Good Repair (SGR) for all transit providers that are recipients or subrecipients of federal financial assistance under 49 U.S.C. Chapter 53 who own, operate, or manage transit capital assets used in the provisions of public transportation; and WHEREAS, the City of Madera Metro Transit System operates public transit services and is a direct recipient of FTA 5307 and FTA 5339 financial assistance and subject to the FTA Final Rule; and
WHEREAS, the City has developed the TAM Plan as required by 49 CFR 625.45.

NOW THEREFORE, the City Council of the City of Madera hereby finds, orders and resolves as follows:

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

2. The City Council adopts the City of Madera TAM Plan FY 2026-2030 which is attached and incorporated herein by reference.

3. This resolution is effective immediately upon adoption. * * *
TAM PLAN FY 2026-2030 Page | 1

EXHIBIT A

CITY OF MADERA

MADERA METRO
Transit Asset Management (TAM) Plan
Fiscal Years 2026 – 2030
Adopted by the City of Madera City Council
June 17, 2026
____________________________ ___________________
Marcela Zuniga, Date
Accountable Executive
TAM PLAN FY 2026-2030 Page | 2

TABLE OF CONTENTS
INTRODUCTION…………………………………………………………………………………………………………………….3 TRANSIT ASSET MANAGEMENT (TAM) PLAN…………………………………………………………………………3 Federal Regulation 49 CFR 625………………………………………………………………………………….3 TAM & State of Good Repair (SGR) Policy………………………………………………………………….4 TAM Plan Elements……………………………………………………………………………………………………4 Inventory Capital Assets…………………………………………………………………………………5 Condition Assessment……………………………………………………………………………………5
Decision Support Tools……………………………………………………………………….………….6 Investment Prioritization…………………………………………………………………….……......7 TAM APPROACH AND VISION………………………………………………………………………………………………..8 TAM PLAN FY 2026-2030 Page | 3

INTRODUCTION
Transit Agency Information
Madera Metro is a City Department formed by the City of Madera. The City of Madera (population 63,000) is located in central California in the San Joaquin Valley and is the largest incorporated city in Madera County (population 153,000). Madera Metro operates Dial-A-Ride (DAR), ADA/Paratransit (ADAP), and Fixed Routes transit services within city limits.

Madera Metro contracts with MV Public Transportation Inc. to provide its transit services. The City owns all its fleet & facilities assets and provides maintenance over these as well.

Transit Division Staffing
Transit program activities function under the supervision of the Grants Administrator which operates under the Finance Department. Madera Metro’s TAM Plan Accountable Executive is Marcela Zuniga. The Accountable Executive is the single, identifiable person who has ultimate responsibility for carrying out this TAM Plan. The Accountable Executive must balance transit asset management, safety, day-to-day operations and expansion needs in approving and carrying out this TAM Plan.

The following positions are assigned direct responsibilities within the Transit Division: Grants Administrator and Transit Program Manager.

The following positions are housed within other City departments and are assigned responsibilities to support the Transit Division: Director of Financial Services, Procurement Manager, Accountant II, Fleet Operations Manager, and Facilities Manager.

Madera Metro Mission Statement
The Madera Metro mission seeks to provide transit customers in the City’s transit service area with public transportation in a professional, courteous and timely manner with equipment that is accessible, affordable, comfortable and safe.

TRANSIT ASSET MANAGEMENT PLAN REQUIREMENT
Federal Regulation 49 CFR 625
Federal law requires recipients and sub-recipients of Federal financial assistance to develop a Transit Asset Management (TAM) Plan under 49 CFR 625. FTA’s Final Rule sets federal regulations establishing minimum asset management practices for transit providers to monitor and manage public transportation capital assets to enhance safety, reduce maintenance costs, increase reliability and improve performance. In essence, this regulation establishes minimum standards (through systemic asset management plans) that maintain assets in a state of good repair (SGR).

Although TAM Plans are required to be updated in their entirety at least once every four (4) years, Madera Metro will review its TAM Plan annually and update it as needed to reflect current conditions.

In addition to the performance targets and TAM Plan, the TAM Final Rule requiresthattwo (2) additional TAM PLAN FY 2026-2030 Page | 4
asset management reports be submitted to the National Transit Database (NTD) annually. The following reports are due to the NTD by November 1st following the end of the City’s fiscal year:
• The Data Report should describe the condition of the current transportation system and the State of Good Repair performance targetsfor the upcoming year. • The Narrative Reportshould describe changes in the transportation system’s condition and report progress on meeting the performance targets from the prior year.

Figure A illustrates an example of the NTD, TAM Plan, Performance Metrics and Targets Module Form A-90.

FIGURE A: NTD FORM A-90 TAM TARGET REPORT

1. ROLLING STOCK: Percent of Revenue Vehicles that have met or exceeded their ULB

PERFORMANCE
MEASURE 2025 TARGET (%) 2025 PERFORMANCE (%)
2025
DIFFERENCE 2026 TARGET (%)
CUTAWAY BUS 37 33.33 -3.67 37
VAN 0 0 0 0

2. FACILITIES – Percent of Facilities rated below 3 on the TERM Scale

PERFORMANCE
MEASURE 2025 TARGET (%) 2025 PERFORMANCE (%)
2025
DIFFERENCE 2026 TARGET (%)

PASSENGER/PARKING
FACILITY 0 0 0 0

ADMIN/MAINTENANCE
FACILITIES 0 0 0 0
Asset management is an ever-changing environment with advances in technology, changesin regulation, funding availability, and asset management best practices. Therefore, the TAM Plan is considered a “living document” reviewed and revised as necessary. Revisions are implemented by the Accountable Executive with inputs from the transit staff and other City assigned positions.

State of Good Repair (SGR) Policy
SGR is the condition in which a capital asset operates at a full level of performance. A capital asset is considered in a state of good repair when that asset:
• Is able to perform its designed function,
• Does not pose a known unacceptable safety risk, and
• Its lifecycle investments must have been met or recovered.

TAM Plan Elements
The City of Madera (Madera Metro) TAM Plan complies with the FTA Regulation that meets the required TAM Elements as a Tier II Agency. These elements align with the TAM Policy and are described below and in this section.

The following four (4) TAM Plan elements are required of Tier II providers:

1. Inventory of Capital Assets

2. Condition Assessment

3. Decision Support Tools

4. Investment Prioritization
TAM PLAN FY 2026-2030 Page | 5
Inventory Capital Assets
This is a register of capital assets and information about those assets. It is expected that all assets used in the provision of public transit will be included in the TAM Plan asset inventory. This includes (apart from equipment) assets owned by a third party or shared resources.

Transit assets are categorized as:
• Equipment – includes non-revenue, support-service, and maintenance vehicles equipment • Rolling Stock – revenue vehicles by mode
• Facilities – maintenance and administrative facilities, passenger stations such as bus transfer stations, and parking facilities
• Infrastructure – rail fixed guideway, signal systems, structures (Madera Metro does not own these types of assets)
The TAM Plan includes objectives and strategies that will optimize the management of Madera Metro’s assets to ensure alignment with the FTA reporting requirements for the National Transit Database (NTD).

Madera Metro’s assets are monitored and serviced internally.

Condition Assessment
This is a rating of the asset’s physical state based on its Useful Life Benchmark (ULB). The ULB refers to the maximum age of the asset, or the point at which the asset enters the state of good repair backlog.

Transit agencies need only include condition assessment for assets of which they have direct capital responsibility.

With regards to Madera Metro’s facilities assessment, the FTA’s Transit Economic Requirements Model (TERM) scale is used. Figure B illustrates the FTA’s TERM scale.

FIGURE B: FTA TERM RATING SCALE

TERM RATING SCALE

RATING CONDITION DESCRIPTION
5 Excellent No visible defects, new or near new condition, may still be under warranty, if applicable.
4 Good Good condition but no longer new. May have some slightly defective or deteriorated component(s), but overall, functional.
3 Adequate Moderately deteriorated or defective components; but has not exceeded its useful life.
2 Marginal Defective or deteriorated component(s) in need of replacement; exceeded its useful life.
1 Poor Critically damaged component(s) or in need of immediate repair; well past its useful life.

Madera Metro has four facilities that meet the FTA regulations. Table 1 illustrates the Facilities Assets that are maintained by personnel with the FTA TERM Ratings Reflected under “Condition”.

TAM PLAN FY 2026-2030 Page | 6
TABLE 1: FACILITY ASSET CONDITION/ULB

FACILITY FACILITY TYPE CONDITION
Facility Name: Madera City Hall
Location: 205 W. 4th Street, Madera, CA 93637
Year Built: 1967
Sq. Ft.: 1,000
Administrative,
Transit Office 3
Facility Name: City Maintenance Yard
Location: 1030 S. Gateway Drive, Madera, CA 93637
Year Built: 1970
Sq. Ft.: 5,000
Maintenance
Facility 3
Facility Name: Madera Intermodal Transit Center
Location: 123 N. 5th Street, Madera, CA 93637
Year Built: 1970
Sq. Ft.: 1,000
Administrative,
Transfer Station 3
Facility Name: Madera Transit Center
Location: 1951 Independence Drive, Madera, CA 93637
Year Built: 2019
Sq. Ft.: 2,000
Administration,
Fleet Yard 5
Decision Support Tools
These are tools that provide analytical processes or methodologies that a provider has used to estimate capital investment needs over time and help develop investment prioritization. A decision support tool interprets data and may be based on software, spreadsheets or formulas but can also be a process or methodology.

Madera Metro currently uses Microsoft Excel spreadsheets to track and manage the vehicle asset lifecycle. During asset procurement and receipt or acceptance, specific asset identification, useful life, warranty and maintenance interval information data is collected from MUNIS-Tyler (Municipal Uniform Information System). Fleet and facilities maintenance programs are updated with multiple scheduled maintenance activities required to meet recommended maintenance intervals, along with safety and regulatory compliance. This practice ensures the asset data is properly recorded for effective and efficient lifecycle management. Table 2 illustrates an example of the City FTA Vehicle Assets that are recorded by Transit staff.

TABLE 2: VEHICLE ASSET CONDITION/ULB
FY 26/27

FLEET INVENTORY
BUS # SERVICE YEAR MAKE MODEL FUEL

TYPE LENGTH IN

SERVICE ULB
39 DAR 2012 Ford E-450 Elkhart GAS 26 FT 7/16/2012 -3
40 DAR 2012 Ford E-450 Elkhart CNG 26 FT 7/16/2012 -3
43 DAR 2013 Ford E-450 Starcraft CNG 26 FT 5/23/2014 -2 44 FR 2013 Ford E-450 Starcraft CNG 26 FT 5/6/2014 -3
45 FR 2013 Ford E-450 Starcraft CNG 26 FT 5/6/2014 -3
TAM PLAN FY 2026-2030 Page | 7
Investment Prioritization
Investment Prioritization is a prioritized list of assets to manage or improve their SGR. The purpose of this component is to link information gained from the asset inventory, condition assessment and decision support tools to actual investment prioritiesin support of targets. It then takes this information and ranks the assets accordingly to inform investment decision making.

Madera Metro achieves both the Decision Support Tools and Investment Prioritization through the City’s Capital Investment Plan (CIP) Budget. Annually, each department must submit a CIP budget that is incorporated into the City’s city-wide budget. The basic process for assembling a CIP is demonstrated in Figure C.

FIGURE C: FIVE-YEAR CIP PROCESS
46 DAR 2013 Ford E-450 Starcraft CNG 26 FT 5/23/2014 -2 47 FR 2019 Ford E-450 Starcraft GAS 26 FT 1/22/2020 6
48 DAR 2019 Ford E-450 Starcraft GAS 26 FT 1/22/2020 4
49 FR 2019 Chevy 4500 Arboc GAS 26 FT 1/23/2020 6
50 FR 2019 Chevy 4500 Arboc GAS 26 FT 1/23/2020 6
51 FR 2019 Chevy 4500 Arboc GAS 26 FT 1/23/2020 6
52 FR 2020 International Starcraft Diesel 32 FT 4/27/2020 7 53 FR 2020 International Starcraft Diesel 32 FT 3/20/2020 7 54 FR 2019 Aero Elite 320 ElDorado CNG 32 FT 4/20/2020 7 55 FR 2019 Ford F-550 ElDorado CNG 32 FT 4/21/2021 7
56 DAR 2022 Dodge Voyager (Braun) BraunAbility Gas Van 3/01/2024 7 57 DAR 2022 Dodge Voyager (Braun) BraunAbility Gas Van 3/01/2024 7 58 DAR 2022 Dodge Voyager (Braun) BraunAbility Gas Van 3/01/2024 7 59 FR 2023 Ford E-450 Starcraft Gas 26 FT 1/06/2024 11
60 FR 2023 Ford E-450 Starcraft Gas 26 FT 1/06/2024 11
61 FR 2023 Ford E-450 Starcraft Gas 26 FT 1/06/2024 11
TAM PLAN FY 2026-2030 Page | 8
Table 3 is an illustration of Madera Metro’s investment priorities through FY 2026/2027.

TABLE 3: PRIORITY LIST OF INVESTMENTS

PRIORITY BY

FISCAL YEAR ASSET FUNDING SOURCE PURPOSE
FY 26/27 Vehicle Replacement FTA 5307 Replace fleet beyond its ULB FY 26/27 Vehicle Replacement FTA 5307 Replace fleet beyond its ULB FY 26/27 Vehicle Replacement FTA 5339 Replace fleet beyond its ULB FY 26/27 Intermodal Transit Center AHSC & SGR
Renovate East Wing of the center to accommodate
admin staff, provide a lobby area for passengers
and renovate the station for safety.

TAM APPROACH AND VISION
Transit Asset Management is a strategic approach in managing fleet and facilities, to optimize their performance, their useful life, and tominimize the total cost of ownership. Madera Metro’s commitment to its Mission and the TAM Vision are reflected in Table 4 – Madera Metro’s TAM Vision. This table outlines Madera Metro’s direction and vision to establish and continually improve asset management, strategies, and plans.

This document will cover the “Horizon Period” of July 1, 2026 to June 30, 2030. This TAM Plan will be revised when there is a significant change to staff, assets and/or operations occurring within Madera Metro.

TABLE 4: TAM VISION ELEMENTS

COMMITMENT TAM VISION ELEMENTS
SAFETY
Madera Metro TAM program intends to provide a safeand secure environment for the entireMadera community. To do that, we willfoster a safety culture and align our asset and safetymanagement practices and will proactively review and communicate safety-related issues.

RIDERSHIP
Madera Metro strives to increase ridership by providing a transit system that is efficient, reliable, and clean. This goal is to increase usage as City residents and users grow trust with the City’s transit system.

QUALITY &

RELIABILITY
Through improved management of our assets, Madera Metro will enhance customerexperience We will deliver customerservice through improved internal/external communications,service reliability, convenience, accessibility, while meeting all agreed standards ofservice.

EFFICIENCY &

EFFECTIVENESS
Madera Metro will employ effective asset managementbusiness practices and tools and ensure optimal asset performance and useful life. Quality data will be used to supporttransparent and cost-effectivedecision-making and accountability to community stakeholders. Madera Metro will utilize historical data to better inform future investment decisions by accurately capturing capital and operating costs to assess and optimize the total cost of ownership of the assets.

COMMUNICATION
Madera Metro promotes its services through advertising, public outreach, and public information efforts. The efforts reflect Madera Metro’s core values of providing safe, convenient, courteous, and reliable transit service to the public.

REPORT TO CITY COUNCIL
Approved by:

Michael Lima, Director of Financial Services
Arnoldo Rodriguez, City Manager
SUBJECT:

Update the City’s Public Transportation Agency Safety Plan for the Madera Metro Transit System RECOMMENDATION:

Adopt a Resolution Approving the updated City of Madera’s Public Transportation Agency Safety Plan.

SUMMARY:

Federal law (49 CFR 673) requires recipients of Federal financial assistance to develop a Public Transportation Agency Safety Plan (PTASP). The Federal Transit Administration’s (FTA) Final Rule sets federal regulations requiring public transportation systems that receive federal funds under the FTA Urbanized Area Formula Grants- Section 5307 to develop an Agency Safety Plan (ASP) that includes processes and procedures to implement a Safety Management System (SMS). The SMS is a comprehensive, collaborative and systemic approach to managing safety.

As a recipient of Federal transit funds, the City is required to comply with the PTSAP requirement.

Because the City is a small public transportation agency, Caltrans is required to develop an ASP for the City’s public transportation system. City staff are asked to keep the Plan current by providing periodic updates reflecting minor changes to the plan.

The PTSAP was updated to reflect relevant information and changes for Fiscal Year (FY) 2024/25.

DISCUSSION:

The SMS is a comprehensive, collaborative approach that brings management and labor together to build on the transit industry’s existing safety foundation to better manage risk, detect/correct safety problems earlier, share/analyze safety data more effectively and measure safety performance more carefully. Madera Metro’s SMS focuses on applying resources to mitigate risk.

It is based on ensuring that Madera Metro has the organizational infrastructure to support Council Meeting of: June 17, 2026
Agenda Number: _________ B-11
Return to Agenda
decision-making at all levels regarding the assignment of resources for safety issues. The PTASP is based on four principles of the SMS:

1. Safety Management Policy

2. Safety Risk Management

3. Safety Assurance

4. Safety Promotion
Per 49 CFR Part 673, the Safety Plan should be updated annually by July 20th, or sooner if any of the following changes occur: (1) changes to general information, (2) changes to City processes (3) changes to City safety activities or (4) 49 CFR 673 undergoes significant changes. Note that the changes are based off the previous fiscal year and not those that have occurred in the current fiscal year.

The PTSAP was last updated in Fiscal Year 2024/25. Council approved the updated Plan on December 4, 2024. While there are no significant changes in the proposed version of the PTASP, staff has made the following minor changes:
 In general, language was revised to be more consistent with the regulation’s language.  Revised the Safety Events to reflect FY24-25 Safety Events (pg.8 of the PTASP)  Added language to Subsection 5.3 Employee Safety Reporting Program identifying the location of the reference program (pg. 10 of the PTASP).  Removed a bullet referencing the publication of findings from Subsection 5.3 as this does not align with the City’s internal processes.
 Removed communication strategies that are no longer part of current strategies FINANCIAL IMPACT:

Conformance with the PTASP requirements is mandatory to continue receiving FTA funds.

Alternatively, the City is at risk of ineligibility for these funds.

ALTERNATIVES:

Council may choose not to approve the resolution and the PTASP update. As a result, the City’s Transit Services would be out of compliance with TAM regulations developed under 49 CFR Part 673. Consequently, Federal transit funding could be jeopardized. If funding is jeopardized, staff would need to seek other revenue sources, including the General Fund, to offset the cost of continuing to provide public transit services.

ATTACHMENTS:

1. Attachment - Resolution
 Exhibit A – City of Madera PTASP
RESOLUTION NO. 26-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING THE PUBLIC TRANSPORTATION AGENCY SAFETY

PLAN (PTASP)
WHEREAS, the Federal Transit Administration (FTA) published the Public Transportation Agency Safety Plan (PTASP) Final Rule; and
WHEREAS, the purpose of the FTA Final Rule for PTASP is to develop an Agency Safety Plan that includes the processes and procedures to implement a Safety Management that establishes a comprehensive, collaborative and systemic approach to managing safety for all transit providers that are recipients or subrecipients of federal financial assistance under CFR 49 Part 673; and
WHEREAS, the City of Madera Metro Transit System operates public transit services and is subject to the FTA Final Rule; and
WHEREAS, the City has updated the PTASP as required by 49 CFR Part 673.

NOW THEREFORE, the City Council of the City of Madera hereby finds, orders and resolves as follows:

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

2. The City Council adopts the City of Madera PTASP which is attached as Exhibit A and incorporated herein by reference.

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

Exhibit A

CITY OF MADERA

MADERA METRO
Public Transportation Agency Safety
Plan (PTASP)

EFFECTIVE
JUNE 2026
Adopted by the City of Madera City Council
June 17, 2026
_____________________________________ ____________
Marcela Zuniga, Date
Accountable Executive

TABLE OF CONTENTS
DEFINITIONS .................................................................................................................................................3 Section 1: Transit Agency Information ........................................................................................................5 Subsection 1.1 Accountable Executive .....................................................................................................5 Subsection 1.2 Chief Safety Officer...........................................................................................................5 Subsection 1.3 Agency Leadership and Executive Management..............................................................5 Subsection 1.4 Key Staff............................................................................................................................5 Section 2: Plan Development, Approval, and Updates...............................................................................6 Subsection 2.1 Drafting the Plan...............................................................................................................6 Subsection 2.2 Signature by the Accountable Executive and Approval by the Board and Council..........6 Subsection 2.3 Certification of Compliance..............................................................................................6 Subsection 2.4 Plan Review and Updates.................................................................................................7 Section 3: Safety Performance Targets (SPTs).............................................................................................7 Subsection 3.1 Target Development.........................................................................................................7 Section 4: Overview of the Agency’s Safety Management Systems (SMS)................................................8 Section 5: Safety Management Policy (SMP) ..............................................................................................9 Subsection 5.1 Safety Management Policy Statement.............................................................................9 Subsection 5.2 Safety Management Policy Communication ....................................................................9 Subsection 5.3 Employee Safety Reporting Program .............................................................................10 Subsection 5.4 SMS Authorities, Accountabilities, and Responsibilities................................................11 Subsection 5.4.1 Accountable Executive .............................................................................................11 Subsection 5.4.2 Chief Safety Officer ..................................................................................................12 Subsection 5.4.3 Agency Leadership and Executive Management.....................................................12 Subsection 5.4.4 Key Staff...................................................................................................................12 Section 6 Safety Risk Management (SRM) ................................................................................................14 Subsection 6.1 Safety Hazard Identification...........................................................................................14 Subsection 6.2 Safety Risk Assessment (SRA).........................................................................................15 Subsection 6.3 Safety Risk Mitigation (SRM)..........................................................................................17 Section 7: Safety Assurance .......................................................................................................................18 Subsection 7.1 Safety Performance Monitoring and Measurement......................................................18 Section 8: Safety Promotion ......................................................................................................................20 Subsection 8.1 Safety Communication ...................................................................................................20 Subsection 8.2 Competencies and Training............................................................................................21 Section 9: Documentation .........................................................................................................................22

DEFINITIONS
Accident means an event that involves any of the following: a loss of life; a report of a serious injury to a person; a collision of public transportation vehicles; an evacuation for life safety reasons.

Accountable Executive means the single, identifiable person who has ultimate responsibility for carrying out the Public Transportation Agency Safety Plan (PTASP) of the Agency; responsibility for carrying out the Agency’s Transit Asset Management Plan; and control or direction over the human and capital resources needed to develop and maintain both the Agency’s PTASP, in accordance with 49 U.S.C. § 5329(d), and the Agency’s Transit Asset Management Plan in accordance with 49 U.S.C. § 5326.

Agency or Transit Agency means Madera Metro.

City of Madera means governing body of Madera Metro.

Caltrans means the California Department of Transportation (DOT).

Chief Safety Officer means Madera Metro’s adequately trained individual who has responsibility for safety and reports directly to the Transit Agency’s Chief Executive Officer.

CFR means Code of Federal Regulations.

Event means any Accident, Incident, or Occurrence.

FTA means the Federal Transit Administration, an operating administration within the United States DOT.

Hazard means any real or potential condition that can cause injury, illness, or death, damage to or loss of the facilities, equipment, rolling stock, or infrastructure of the system, or damage to the environment.

Incident means an event that involves any of the following: a personal injury that is not a serious injury, one or more injuries requiring medical transport, or damage to facilities, equipment, rolling stock, or infrastructure that disrupts the operations of the Transit Agency.

Investigation means the process of determining the causal and contributing factors of an accident, incident, or hazard, for the purpose of preventing recurrence and mitigating risk.

National Public Transportation Safety Plan (NPTSP) means the plan to improve the safety of all public transportation systems that receive federal financial assistance under 49 U.S.C. Chapter 53.

Occurrence means an event without any personal injury in which any damage to facilities, equipment, rolling stock, or infrastructure does not disrupt the operations of the Transit Agency.

Part 673 means 49 CFR Part 673.

Performance Measure means an expression based on a quantifiable indicator of performance or condition that is used to establish targets and to assess progress toward meeting the established targets.

Performance Target means a quantifiable level of performance or condition, expressed as a value for the measure, to be achieved within a period required by the FTA.

Risk means the composite of predicted severity and likelihood of the potential effect of a hazard.

Risk Mitigation means a method or methods to eliminate or reduce the effects of hazards.

Safety Assurance means processes within the Transit Agency’s Safety Management Systems (SMS) that ensure the effective implementation of safety risk mitigation, and to ensure that the Transit Agency meets or exceeds its safety objectives through the collection, analysis, and assessment of information.

Safety Management Policy (SMP) means the Transit Agency’s documented commitment to safety, which defines the Transit Agency’s safety objectives and the accountabilities and responsibilities of its employees in regard to safety.

Safety Management Systems (SMS) means the formal, top-down, organization-wide approach to managing safety risk and assuring the effectiveness of a Transit Agency’s safety risk mitigation. SMS includes systematic procedures, practices, and policies for managing risks and hazards.

Safety Performance Target (SPT) means a Performance Target related to safety management activities.

Safety Promotion means a combination of training and communication of safety information to support SMS as applied to the Transit Agency’s public transportation system.

Safety Risk Assessment (SRA) means the formal activity whereby the Transit Agency determines Safety Risk Management priorities by establishing the significance or value of its safety risks.

Safety Risk Management (SRM) means a process within the Transit Agency’s Public Transportation Agency Safety Plan (PTASP) for identifying hazards and analyzing, assessing, and mitigating safety risk.

Serious Injury means any injury which: (1) requires hospitalization for more than 48 hours commencing within seven days from the date the injury was received, (2) results in a fracture of any bone (except simple fractures of fingers, toes, or noses), (3) causes severe hemorrhages, nerve, muscle, or tendon damage; (4) involves any internal organ, or (5) involves second or third-degree burns, or any burns affecting more than five percent of the body surface.

State of Good Repair (SGR) means the condition in which a capital asset can operate at a full level of performance.

Transit Asset Management Plan (TAM) means the strategic and systematic practice of procuring, operating, inspecting, maintaining, rehabilitating, and replacing transit capital assets to manage their performance, risks, and costs over their life cycles, for the purpose of providing safe, cost-effective, and reliable public transportation, as required by 49 U.S.C. 5326 and 49 CFR part 625.

U.S.C. means United States Code.

Section 1: Transit Agency Information
Madera Metro is a City Department formed by the City of Madera. Madera Metro contracts with MV Public Transportation, Inc. to directly provide driver services for the Fixed Route and OnDemand Response (Dial-A-Ride/ADA Paratransit) transportation systems and uses their employees to supply the necessary labor to operate the revenue vehicles.

Madera Metro is a direct recipient of Section 5307, Section 5339, and Transportation Development Act funds. Madera Metro does not provide transportation services on behalf of another entity.

Subsection 1.1 Accountable Executive
Madera Metro’s Accountable Executive is the City of Madera Grant Administrator, Marcela Zuniga. The Accountable Executive is the single, identifiable person who has ultimate responsibility for carrying out this Agency Safety Plan (ASP) and Madera Metro’s Transit Asset Management (TAM) Plan, and control or direction over the human and capital resources needed to develop and maintain both this Plan and the TAM Plan.

The Accountable Executive is accountable for ensuring that the Agency’s Safety Management Systems(SMS) is effectively implemented throughout the Agency’s public transportation system.

The Accountable Executive is accountable for ensuring action is taken, as necessary, to address substandard performance in the Agency’s SMS. The Accountable Executive may delegate specific responsibilities, but the ultimate accountability for the Transit Agency’s safety performance cannot be delegated and always rests with the Accountable Executive.

Subsection 1.2 Chief Safety Officer (CSO)
The Accountable Executive designates the Transit Program Manager, Xochitl M. Villaseñor as Madera Metro’s Chief Safety Officer who has the authority and responsibility for day-to-day implementation and operation of the Agency’s SMS. The CSO holds a direct line of reporting to the Accountable Executive and has a strong working relationship with the operations and asset management functions at Madera Metro.

Subsection 1.3 Agency Leadership and Executive Management Madera Metro’s Agency Leadership/Executive Management is comprised of the Grant Administrator (Accountable Executive) and the Transit Program Manager (Chief Safety Officer).

Madera Metro’s contractor (MV Public Transportation, Inc) is comprised of the General Manager for the City of Madera Division 585.

Subsection 1.4 Key Staff
The City of Madera and MV Public Transportation, Inc. key staff may include managers, supervisors, specialists, analysts, database administrators, and other key employees who are performing technical work and overseeing employees performing critical tasks and providing

support in the implementation of this ASP and SMS principles in various departments throughout the agency.

Section 2: Plan Development, Approval, and Updates
Caltrans developed the contents of this Agency’s ASP to meet requirements specified in 49 CFR Part 673 and comply with Part 673.11(d) regarding Caltrans’ responsibility to develop an ASP for any small public transportation provider that is located in California. This ASP is based on the four (4) principles or pillars of the Safety Management Systems (SMS). SMS is defined as the formal, top-down, organization-wide, data-driven approach to managing safety risk and assuring the effectiveness of safety mitigations. It includes systematic policies, procedures, and practices for the management of safety risk. The four principles or pillars of SMS are: (1) Safety Management Policy, (2) Safety Risk Management, (3) Safety Assurance, and (4) Safety Promotion.

Subsection 2.1 Drafting the Agency Safety Plan (ASP)
Caltrans drafted this ASP, thus meeting the requirements of 49 CFR Part 673.11(d). FTA will oversee compliance with the requirements of Part 673 through the existing Triennial Review processes.

Should Madera Metro no longer meet the definition of a small public transportation provider or choose to opt-out of the Caltrans ASP, within one year from the date of notifying the State of either development, Madera Metro will draft and certify its own ASP. If Madera Metro operates more than 100 vehicles, Madera Metro must fulfill requirements of systems operating more than 100 vehicles.

Subsection 2.2 Signature by the Accountable Executive and Approval by the Board and Council Pursuant to 49 CFR Part 673.11 (a)(1), this ASP and subsequent updates must be signed by the Accountable Executive and approved by the City of Madera City Council. Documentation of Council approval is found in Attachment A and B.

Subsection 2.3 Certification of Compliance
Pursuant to 49 CFR Parts 673.13(a) and 673.13(b), Caltrans certifies that it has established this ASP, meeting the requirements of 49 CFR Part 673 by December 31, 2020, and will certify its compliance with 49 CFR Part 673.

FTA does not require this plan to be submitted to FTA. Instead, Caltrans will certify that it has established this ASP which fulfills the requirements under Part 673. FTA annually amends and issues the list of Certifications and Assurances. Caltrans will review such guidance for incorporation into the safety program as necessary.

Subsection 2.4 Plan Review and Updates
After Caltrans’ initial certification, and on an annual basis, Madera Metro must update this Plan by July 20 in perpetuity based on the prior calendar year. All ASP updates shall be signed by the Accountable Executive, reviewed by the Agency’s TAB and approved by City Council.

Madera Metro updates this ASP when information, processes or activities change within the Agency and/or when Part 673 undergoes significant changes, or annually, whichever comes sooner. As the Agency collects data through its Safety Risk Management and Safety Assurance processes, the data will be shared with Caltrans and the local Metropolitan Planning Organization (MPO) as described in subsection 3.1 below. The MPO and Caltrans will evaluate Safety Performance Targets to determine whether they need to be changed, as well.

This ASP will be jointly reviewed and updated by the Chief Safety Officer and Accountable Executive, with the assistance of subject matter experts, each April. The Accountable Executive will approve any changes, then forward them to the TAB for review and City Council for approval.

This ASP may need to be reviewed and updated more frequently based on the following:
• We determine our approach to mitigating safety deficiencies is ineffective. • We make significant changes to service delivery.
• We introduce new processes or procedures that may impact safety. • We change or re-prioritize resources available to support SMS. • We significantly change our organizational structure.

Section 3: Safety Performance Targets (SPTs)
Subsection 3.1 Target Development
Madera Metro includes SPTs in this Safety Plan. These targets are specific numerical targets set by Madera Metro and based on the Safety Performance Measures established by FTA in the National Public Transportation Safety Plan (NPTSP). In the most recent version, the 2017 NSP3, FTA adopted four initial Safety Performance Measures: (1) Fatalities, (2) Injuries, (3) Safety Events, and (4) System Reliability.

Madera Metro developed SPTs that will be reviewed and updated annually. The specific SPTs are based on the safety performance measures established under the NPTSP and the safety performance goals set by Caltrans based on the past three (3) Calendar years of data. The SPTs for Madera Metro for the calendar year 2026 are expected to stay within 1% +/- of the previous three years data pertaining to fatalities, injuries, safety events, and system reliability.

FTA requires Caltrans to coordinate with Madera Metro and the Madera County Transportation Commission (MCTC) to the maximum extent practicable. Pursuant to 49 CFR Part 673.15(a), Madera Metro will make SPTs available to MCTC to aid in the planning process upon certification of this plan. Additionally, the Agency will transmit performance data against the SPTs to Caltrans

and the MCTC on an annual basis. Caltrans will conduct coordination meetings with MCTC for the selection of State and MPO SPTs and goals.

Section 4: Overview of the Agency’s Safety Management Systems (SMS) The SMS is a comprehensive, collaborative approach that brings management and labor together to build on the transit industry’s existing safety foundation to control risk better, detect and correct safety problems earlier, share and analyze safety data more effectively, and measure safety performance more carefully. Madera Metro’s SMS focuses on applying resources to risk and is based on ensuring that the Agency has the organizational infrastructure to support decision-making at all levels regarding the assignment of resources.

Some key parts of the Agency’s SMS include:
• Defined roles and responsibilities.
• Strong executive safety leadership.
• Formal safety accountabilities and communication.
• Effective policies and procedures.
• Active employee involvement.

Furthermore, the Agency’s SMS have four distinct components, which are discussed in subsequent sections to this Safety Plan:
• Safety Policy
• Safety Risk Management
• Safety Assurance
• Safety Promotion
Mode of Transit
Service
Fatalities
(total)
Fatalities
(per 100k
VRM)
Injuries
(total)
Injuries
(per 100k
VRM)
Safety Events
(total)
Safety Events
(per 100k
VRM)
System
Reliability
(VRM /
failures)
Madera Metro
Fixed Route 0 0 0 0 1 0 0
Demand Response
“Dial-A-Ride” 0 0 0 0 0 0 0
Targets Transmitted to the State
State Entity Name Date Targets Transmitted
Caltrans Department of Transportation December 21, 2020 Targets Transmitted to the
Metropolitan Planning Organization
(MPO)
Metropolitan Planning Organization
Name Date Targets Transmitted
Madera County Transportation
Commission December 21, 2020

Section 5: Safety Management Policy (SMP)
The first component of Madera Metro’s SMS is the Safety Management Policy, which is the foundation of the Agency’s safety management system. It clearly states the organization’s safety objectives and sets forth the policies, procedures, and organizational structures necessary to accomplish the safety objectives. The SMP clearly defines management and employee responsibilities for safety throughout the organization. It also ensures that management is actively engaged in the oversight of the system’s safety performance by requiring regular review of the SMP, budget and program by the designated Accountable Executive.

Subsection 5.1 Safety Management Policy Statement
Safety is a core value at Madera Metro, and managing safety is a core business function. Madera Metro’s staff will develop, implement, maintain, and continuously improve processes to ensure the safety of our customers, employees, and the public. Madera Metro’s overall safety objective is to proactively manage safety hazards and their associated safety risk, with the intent to eliminate unacceptable safety risk in our transit operations.

The Agency will:
• Clearly, and continuously, explain to all staff that everyone working within Madera Metro must take part and be responsible and accountable for the development and operation of the Safety Management System (SMS).
• Work continuously to minimize safety risks.
• Work to comply with and, wherever possible, exceed legislative and regulatory requirements and standards for passengers and employees. • Work to ensure that all employees are provided appropriate safety information and training, are competent in safety matters, and assigned tasks commensurate with duties and skills.
• Reaffirm that responsibility for making our operations safer for everyone lies with all employees – from executive management to frontline employees. Each manager is responsible for implementing the SMS in their area of responsibility and will be held accountable to ensure that all reasonable steps are taken to perform activities established through the SMS.
• Will follow CDC Infectious Disease Guidelines.

Caltrans established SPTs to help measure the overall effectiveness of our processes and ensure we meet our safety objectives. Madera Metro will keep employees informed about safety performance goals and objectives to ensure continuous safety improvement.

Subsection 5.2 Safety Management Policy Communication
The Safety Management Policy is communicated throughout the Agency, to all employees, managers, and executives, as well as contractors, and to the City of Madera.

This is accomplished through various processes such as:
• Workshops/training sessions - Conducted for Senior Management, Directors, Managers, Supervisors. Once this ASP or any update to this ASP has been signed by the Accountable Executive, approved by City Council, and certified by Caltrans it will become standard practice, in perpetuity, so that SMS becomes standard business practice. All Union representatives will be kept informed.
• New Hire Safety Orientation – All new employees regardless of their classifications will be trained in their roles and responsibilities pertaining to PTASP and the principles of SMS. • Safety bulletins, and/or safety newsletter blasts to staff.

Subsection 5.3 Employee Safety Reporting Program
Madera Metro implemented a process that allows employees and contracted employees to report safety conditions to senior management and provides protections for employees who report safety conditions to senior management as outlined on pages 10-11 of the City of Madera Finance Department’s Administration, Purchasing Grants/Transit and Utility Billing Injury & Illness Prevention Plan. The purpose, description and protections for employees to report unsafe conditions and hazards are described in the Employee Safety Reporting Program as below:

Purpose
a) To establish a system for Madera Metro employees to identify unsafe conditions or hazards at work and report them to their department management without fear of reprisal. However, disciplinary action could result if the condition reported reveals the employee willfully participated in or conducted an illegal act, gross negligence or deliberate or willful disregard of regulations or procedures, including reporting to work under the influence of controlled substances, physical assault of a coworker or passenger, theft of agency property, unreported safety events, unreported collisions, and unreported passenger injuries or fatalities.
b) To provide guidelines for facilitating the timely correction of unsafe conditions or hazards by Madera Metro management.

Description
a) This program provides a method for Madera Metro management to identify, evaluate, and correct or avoid unsafe conditions or hazards, procedural deficiencies, design inadequacies, equipment failures, or near misses that adversely affect the safety of employees.

Examples of voluntary safety reports include:
• Safety hazards in the operating environment (for example, city road conditions).
• Policies and procedures that are not working as intended (for example, insufficient time to complete pre-trip inspection).

• Events that senior managers might not otherwise know about (for example, near misses).
• Information about why a safety event occurred (for example, radio communication challenges).
b) The program also involves recommending corrective actions and resolutions of identified unsafe conditions or hazards and/or near miss. c) All employees have the obligation to report immediately any unsafe conditions or hazards and near miss to their immediate supervisor /department manager and may do so without fear of reprisal.
d) Unsafe conditions or hazards may also be identified as a result of occupational injury or illness investigations and/or by accident investigation. e) Other means by which hazards may be identified are inspections/audits or observations made by the supervisors/management staff.

Subsection 5.4 SMS Authorities, Accountabilities, and Responsibilities This ASP has assigned specific SMS authorities, accountabilities, and responsibilities to the designated Accountable Executive; Chief Safety Officer; Agency’s Leadership/Executive Management; and Key Staff/Employees as described below.

Subsection 5.4.1 Accountable Executive
Madera Metro’s Accountable Executive is accountable for ensuring that the Agency’s SMS is effectively implemented throughout the Agency’s public transportation system.

The Accountable Executive role includes, but is not limited to:
• Decision-making about resources (e.g. people and funds) to support asset management, SMS activities, and capital investments.
• Signing SMS implementation planning documents.
• Endorsing SMS implementation team membership.
• Ensuring safety concerns are considered and addressed in the agency’s ongoing budget planning process.
• Ensuring transparency in safety priorities: for the City Council and for the employees. • Establishing guidance on the level of safety risk acceptable to the agency. • Assuring safety policy is appropriately communicated throughout the agency. • Other duties as assigned/necessary.

Subsection 5.4.2 Chief Safety Officer (CSO)
The CSO has the authority and responsibility for day-to-day implementation and operation of the SMS.

The CSO’s role includes, but is not limited to:
• Overseeing the Safety Risk Management Program by facilitating hazard identification, safety risk assessment, and the development and implementation of safety risk mitigations.
• Monitoring safety risk mitigation activities.
• Providing periodic reports on safety performance.
• Briefing the Accountable Executive on SMS implementation progress. • Planning safety management training.
• Developing and organizing annual audits/reviews of SMS processes and the ASP to ensure compliance with 49 CFR Part 673 requirements.
• Maintaining safety documentation.
• Other duties as assigned/necessary.

Subsection 5.4.3 Agency Leadership and Executive Management Madera Metro’s Agency Leadership/Executive Management is comprised of the Grants Administrator (Accountable Executive) and the Transit Program Manager (CSO). Madera Metro’s contractor (MV Public Transportation, Inc) is comprised of the General Manager for the City of Madera Division 585.

The Grants Administrator, Transit Program Manager and Contractor General Manager responsibilities include:
• Day-to-day implementation of the Agency’s SMS throughout their department and the organization.
• Communicating safety accountability and responsibility from the frontline employees to the top of the organization.
• Ensuring employees follow their working rules and procedures, safety rules and regulations in performing their jobs, and their specific roles and responsibilities in the implementation of this ASP and the Agency’s SMS.
• Ensuring that employees comply with the safety reporting program and are reporting unsafe conditions and hazards to their department management; and making sure reported unsafe conditions and hazards are addressed in a timely manner. • Ensuring that resources are sufficient to carry out employee training/certification and retraining as required by their job classifications.

Subsection 5.4.4 Key Staff
Madera Metro and MV Public Transportation, Inc. key staff may include managers, supervisors, specialists, analysts, database administrators; and other key staff who are performing technical

work and oversee employees performing critical tasks and providing support in the implementation of this ASP and SMS principles in various departments throughout the agency.

Madera Metro’s key staff responsibilities include:
• Ensuring that employees are complying with the safety reporting program. • Ensuring supervisors are conducting their safety meetings • Promoting safety in employees’ respective areas of responsibility. That means: zero accidents; absence of any safety concerns; perfect employee performance; and compliance with agency rules and procedures and regulatory requirements. • Ensuring safety of passengers, employees, and the public. • Responding to customer complaints and expectations for frequency, reliability, and convenience of service.
• Replacing and maintaining aging facilities, equipment, and infrastructure. • Meeting increasing demands for Fixed Route, On-Demand and paratransit service. • Developing and maintaining programs to gather pertinent data elements to develop safety performance reports and conduct useful statistical analyses to identify trends and system performance targets.
• Establishing clear lines of safety communication and holding accountability for safety performance.
• Assisting as subject matter experts in safety risk assessment and safety risk mitigation processes.

MV Public Transportation, Inc. key staff responsibilities include:
• Ensuring that employees are complying with the safety reporting program. • Promoting safety in employees’ respective areas of responsibility. That means: zero accidents; absence of any safety concerns; perfect employee performance; and compliance with agency rules and procedures and regulatory requirements. • Ensuring safety of passengers, employees, and the public. • Responding to customer complaints and expectations for frequency, reliability, and convenience of service.
• Meeting increasing demands for Fixed Route, On-Demand and paratransit service. • Developing and maintaining programs to gather pertinent data elements to develop safety performance reports and conduct useful statistical analyses to identify trends and system performance targets.
• Establishing clear lines of safety communication and holding accountability for safety performance.
• Assisting as subject matter experts in safety risk assessment and safety risk mitigation processes.
• Ensure driver services are adequate.
• Implement and train all employees on the “Employee Safety Reporting Program.”

Section 6: Safety Risk Management (SRM)
The second component of the Madera Metro’s SMS is Safety Risk Management, which includes processes and procedures to provide an understanding of the Agency’s operations and vehicle maintenance to allow individuals to identify hazards associated with those activities.

Madera Metro has implemented an SRM process for all elements of its transportation system.

The SRM process includes the following four components which are discussed in subsequent sections to this Plan:
• Safety Hazard Identification
• Safety Risk Assessment
• Safety Risk Mitigation
Subsection 6.1 Safety Hazard Identification
Hazard identification is the first step in the SRM process and a key component. It involves these fundamental safety-related activities: Identifying safety hazards and their consequences; assessing the risks associated with the consequences of the hazards; and developing mitigations to reduce the potential consequences of the identified hazards.

The Agency considers, as a source for hazard identification, data and information provided by an oversight authority and the FTA. Hazards are identified through a variety of sources, including:
• Employee safety reporting
• Review of vehicle camera footage
• Review of monthly performance data and safety performance targets • Observations from supervisors
• Maintenance reports
• Comments from customers, passengers, and third parties • City of Madera Safety committee, driver and all-staff meetings • Results of audits and inspections of vehicles and facilities • Results of training assessments
• Investigations into safety events, incidents and occurrences • Information from FTA and oversight authorities
When a hazard has been identified, whatever the source, it is reported to the CSO who enters it into the Hazard Log. The CSO also may enter hazards into this log based on reviews of operations and maintenance activities and procedures.

The CSO will investigate hazards to collect information and determine if hazards need to be entered into the SRA process. In following up on identified hazards, the CSO may:
• Reach out to the reporting party, if available, to gather all known information about the reported hazard.

• Conduct a walkthrough of the affected area, assessing the possible hazardous condition, generating visual documentation (photographs and/or video), and taking any measurements deemed necessary.
• Conduct interviews with employees in the area to gather potentially relevant information on the reported hazard.
• Review any documentation associated with the hazard (records, reports, procedures, inspections, technical documents, etc.).
• Contact other departments that may have an association with or technical knowledge relevant to the reported hazard.
• Review any past reported hazards of a similar nature. • Evaluate tasks and/or processes associated with the reported hazard.

Please refer to MV Transportation, Inc. Safety Policy Manual for a description of the methods and process to identify hazards. It is important to note that Madera Metro and its contractor work in collaboration to ensure hazards are identified, resolved, and minimized.

Any identified hazard that poses an immediate risk to transit operations, the health and safety of employees or the public, or equipment must immediately be brought to the attention of the Accountable Executive and placed through the SRM process for safety risk assessment and mitigation. Otherwise, hazards will be prioritized for further SRM activity.

Subsection 6.2 Safety Risk Assessment (SRA)
The SRA defines the level or degree of safety risk by assessing the likelihood and severity of the consequences of hazards and prioritizes hazards based on the safety risk. The CSO, with assistance from key staff subject matter experts, is responsible for assessing identified hazards and ratings using the Safety Risk Matrix below. Prioritizing safety risk provides the Accountable Executive with the information needed to make decisions about resource application.

The following Safety Risk Probability matrix, adopted from the TSI Participation Guide – SMS Principles for Transit, facilitates the ranking of hazards based on their probability of occurrence and severity of their outcome.

SAFETY RISK PROBABILITY LEVELS
Description Level Hazard Risk Probability
Frequent A Likely to occur continuously in the life of the hazard.

Probable B Will occur several times in the life of the hazard.

Occasional C Likely to occur sometime in the life of the hazard.

Remote D Unlikely, but can reasonably be expected to occur in the life of the hazard.

Improbable E It can be assumed an occurrence may not be experienced in the life of the hazard.

Eliminated F This level is used when potential hazards are identified and later eliminated.

The measuring goes from A to F with A being frequent or likely to occur frequently and E being improbable or expected that this event will most likely never occur. Designation F is used when potential hazards are identified and later eliminated.

SAFETY RISK SEVERITY LEVELS
Description Level Mishap Result Criteria
Catastrophic 1
Could Result in one or more of the following: death, permanent total disability, irreversible significant environmental impact, or monetary loss equal to or exceeding $10M
Critical 2
Could result in one or more of the following: permanent partial disability, injuries or occupational illness that may result in hospitalization of at least three personnel, reversible significant environmental impact, or monetary loss equal to or exceeding $1M but less than $10M
Marginal 3
Could result in one or more of the following: injuries or occupational illness resulting in one or more lost workday(s), reversible moderate environmental impact, or monetary loss equal to or exceeding $100k but less than $1M
Negligible 4 Could result in one or more of the following: injuries or occupational illness not resulting in lost workday, minimum environmental impact. Or monetary loss less than $100k.

The Safety Risk Severity Table presents a typical safety risk. It includes four categories to denote the level of severity of the occurrence of a consequence, the meaning of each category, and the assignment of a value to each category using numbers. In this table, 1 is considered catastrophic meaning possible deaths and equipment destroyed and 4 is considered negligible or of little consequence with two levels in between.

Safety Risk Probability and Safety Risk Severity are combined into the Safety Risk Index Ranking to help prioritize safety risks according to the table below.

The Safety Risk Assessment Matrix categorizes combined risks into levels: High, Serious, Medium, or Low based on the likelihood of occurrence and severity of the outcome. For purposes of accepting risk:
• High – Hazard ratings will be considered unacceptable and require action from the Accountable Executive to mitigate the safety risk.
• Serious – Hazard ratings will be considered undesirable and require action from the Accountable Executive to decide regarding their acceptability. • Medium – Hazard ratings will be considered acceptable and will require review by the Accountable Executive and a decision by the CSO.
• Low – Hazard ratings may be accepted by the CSO without additional review.

SAFETY RISK ASSESSMENT MATRIX
Severity →
Probability ↓
Catastrophic
1 Critical
2 Marginal
3 Negligible
4 A-Frequent 1A 2A 3A 4A
B- Probable 1B 2B 3B 4B

C-Occasional 1C 2C 3C 4C
D- Remote 1D 2D 3D 4D
E- Improbable 1E 2E 3E 4E
F- Eliminated

SAFETY RISK INDEX RANKING
1A, 1B, 1C, 2A, 2B High Unacceptable
1D, 2C, 3A, 3B Serious Undesirable - With management decision required 1E, 2D, 2E, 3C, 3D, 3E, 4A, 4B, Medium Acceptable - with review by management 4C, 4D, 4E Low Acceptable - without review
The CSO documents recommendations regarding hazard rating and mitigation options and reports this information to the Accountable Executive.

Please refer to MV Transportation, Inc. Safety Policy Manual for a description of the methods or processes to assess the safety risks associated with identified safety hazards. It is important to note that Madera Metro and its contractor work in collaboration to ensure hazards are identified, resolved, and minimized.

Subsection 6.3 Safety Risk Mitigation (SRM)
The Accountable Executive and CSO, assisted by key staff subject matter experts, reviews current SRMs and establish procedures to (1) eliminate, (2) mitigate, and (3) accept specific risks. Prioritization of safety remediation measures is based on risk analysis and a course of action acceptable to Madera Metro management.

The safety risk must be mitigated if ranked as Unacceptable (High-Red). Those safety risks that have been mitigated, even those mitigated risks shown as Acceptable status (Low-Green), undergo regular and consistent monitoring to ensure the mitigation strategy is effective.

Key strategies to minimize the types of risks that potentially exist include:
• Development and deployment of policies and procedures that address known hazards and risks.
• Discussion of other actions, strategies and procedures that might help safeguard against unknown/unforeseen risks.
• Training of drivers and other agency staff on all safety policies and procedures. • Training of drivers and other agency staff on methodologies for handling emergencies. • Training of drivers and staff on proper and effective use of emergency equipment and communication technologies and protocol.

The CSO updates SRMs information in the Madera Metro Hazard Log and makes the log available to the City of Madera Safety Committee during monthly meetings.

In the Hazard Log, the CSO will also document any specific measures or activities, such as reviews, observations, or audits, that will be conducted to monitor the effectiveness of mitigations once implemented.

Please refer to MV Transportation, Inc. Safety Policy Manual for a description of the methods or processes to identify mitigations or strategies necessary to reduce the likelihood and severity of the consequences of hazards. It is important to note that Madera Metro and its contractor work in collaboration to ensure hazards are identified, resolved, and minimized.

Section 7: Safety Assurance
The third component of the Agency’s SMS is Safety Assurance, which ensures the performance and effectiveness of safety risk controls established under safety risk management. Safety assurance also helps ensure that the organization meets or exceeds its safety objectives through the collection, analysis, and assessment of data regarding the organization's performance.

Through our Safety Assurance process, Madera Metro can:
• Evaluate the operations and maintenance procedures to determine whether the existing rules and procedures are sufficient to control and prevent risk. • Assesses the effectiveness of safety risk mitigations to make sure the mitigations are appropriate and are implemented as intended.
• Investigates safety events to identify casual factors. • Analyzes information from safety reporting, including data about safety failures, defects, or conditions.

Incidents that occur from any of the procedures listed are compared against recent performance trends, quarterly and annually, by the CSO, to determine what actions need to be taken.

Information is then thoroughly gathered from all parties (Contractors, Key Staff, CSO, and Accountable Executive) and carefully analyzed to determine a justifiable outcome and preventative solution. Next, the CSO shares any identified non-compliant or ineffective activities, including mitigations, with the City’s Human Resources (HR) Department. With monthly City safety meetings, information is provided and recorded to be used as minutes given to all city departments and officials. Furthermore, the City’s HR Department investigates safety events and any reports of non-compliance with applicable regulations, standards, and legal authority.

Some of the key elements of Madera Metro’s Safety Performance Monitoring and Measurement are shown below in Subsection 7.1.

Subsection 7.1 Safety Performance Monitoring and Measurement To ensure Madera Metro’s system remains compliant, monitoring is performed by the City of Madera HR Department through internal safety reporting programs, including the employee safety reporting program and monthly City Safety Committee meetings.

Other processes set in place to monitor its entire transit system for compliance with operations and maintenance procedures include:
• Safety audits
• Informal inspections
• Regular review of on-board camera footage to assess drivers and specific incidents • Safety surveys
• Employee safety reporting program
• Investigation of safety occurrences
• Safety review prior to the launch or modification of any facet of service • Daily data gathering and monitoring of data relating to the delivery of service • Regular vehicle inspections and preventative maintenance • Continuous feedback loop between leadership and all levels of the agency Results from the above processes are compared against recent performance trends, quarterly and annually, by the CSO to determine what actions need to be taken.

Madera Metro’s CSO reviews the performance of individual safety risk mitigations during monthly City Safety Committee meetings, based on the reporting schedule determined for each mitigation, and determine if a specific safety risk mitigation is not implemented or performing as needed. If the mitigation is not implemented or performing as intended, the City Safety Committee will propose a course of action to modify the mitigation or take other action to manage the safety risk. The CSO will approve or modify this proposed course of action and oversee its execution.

The CSO will monitor Madera Metro’s operations to identify mitigations that may be ineffective, inappropriate, or were not implemented as intended through:
• Reviewing results from accident, incident, and occurrence investigations. • Monitoring employee safety reporting.
• Reviewing results of internal safety audits and inspections. • Analyzing operational and safety data to identify emerging safety concerns.

The CSO works with the Accountable Executive to carry out and document all monitoring activities.

Madera Metro conducts investigations of safety events to identify causal and contributing factors and monitors information reported through all internal safety reporting programs. The CSO routinely reviews safety data captured in employee safety reports, customer complaints, and other safety communication channels. When necessary, the CSO ensures that the issues and concerns are investigated or analyzed through the safety risk assessment process.

The Safety Committee internal investigation process determines whether:

• The accident was preventable or non-preventable.
• Personnel require discipline or retraining.
• The casual factor(s) indicate(s) that a safety hazard contributed to or was present during the event.
• The accident appears to involve underlying organization casual factors beyond just individual employee behavior.

The CSO also reviews the results of internal and external reviews, including audits and assessments, with findings affecting safety performance, compliance with operations and maintenance procedures, or the effectiveness of safety risk mitigations. The CSO discusses relevant safety issues and concerns with the Accountable Executive and executive management and documents the results of these reviews in the Hazard Log.

In the event of a fatality, Madera Metro complies with all FTA drug and alcohol requirements. In California, every driver involved in an accident that results in death, injury, or property damage over $1000, effective January 1, 2017, must report the accident on a Report of Traffic Accident Occurring in California (SR 1) form to DMV. The report forms are available at www.dmv.ca.gov, by calling 1-800-777-0133, and at CHP and DMV offices. Also, under California Vehicle Code §16002(b) the driver of a vehicle that is owned or operated by a publicly owned or operated transit system, or that is operated under contract with a publicly owned or operated transit system, and that is used to provide regularly scheduled transportation to the general public or for other official business of the system shall, within 10 days of the occurrence of the accident, report to the transit system any accident of a type otherwise required to be reported pursuant to subdivision (a) of Section 16000. Madera Metro requires driver notification to Madera Metro immediately and maintains records of any report filed pursuant to this paragraph.

Section 8: Safety Promotion
The fourth component of the Agency’s SMS is Safety Promotion, which includes a combination of training and communication of safety information to employees to enhance the Agency’s safety performance. Safety Promotion sets the tone for the SMS and helps the Agency to establish and maintain a robust safety culture. Safety Promotion has two components: (1) Safety Communication, and (2) Competencies and Training.

Subsection 8.1 Safety Communication
Madera Metro communicates safety and safety performance information throughout the organization that, at a minimum, conveys information on hazards and safety risks relevant to employees’ roles and responsibilities and informs employees of safety actions taken in response to reports submitted through an employee safety reporting program.

The focus is to ensure all safety communication remains precise and efficient in all areas of the organization. Madera Metro communicates safety and safety performance information during the monthly transit meeting and the quarterly TAB meetings. Information typically conveyed

during these meetings includes safety performance statistics, lessons learned from recent occurrences, upcoming events that may impact Madera Metro service or safety performance, and updates regarding SMS implementation. Madera Metro also receives information from the Transit Contractor on all safety performance issues.

Madera Metro’s tools to support safety communication include:
• Safety bulletins
• Safety notices
• Posters
• Online safety video access
• Trainings
• New employee training and refresher training
Subsection 8.2 Competencies and Training
Madera Metro’s comprehensive safety training program applies to all Madera Metro key staff directly responsible for safety, including:
• Bus vehicle operators
• Dispatchers
• Maintenance technicians
• Managers and Supervisors
• Agency Leadership and Executive Management
• Chief Safety Officer
• Accountable Executive
Madera Metro dedicated resources to conduct a comprehensive safety training program, as well as training on SMS roles and responsibilities. The scope of the safety training, including annual refresher training, is appropriate to each employee’s individual safety-related job responsibilities and their role in the SMS.

Operations safety-related skill training provided by Madera Metro and the Transit Contractor includes the following:
• New-hire bus vehicle operator classroom and hands-on skill training. • Bus vehicle operator refresher training.
• Classroom and on-the-job training for dispatchers.
• Classroom and on-the-job training for operator’s supervisor and managers. • Accident investigation training for operations supervisor and managers.

Vehicle maintenance safety-related skill training provided by Madera Metro and the Transit Contractor includes the following:
• Ongoing vehicle maintenance technician skill training. • Ongoing skill training for vehicle maintenance supervisors.

• Accident investigation training for vehicle maintenance supervisors. • Ongoing hazardous material training for vehicle maintenance technicians and supervisors.
• Training provided by vendors.

Section 9: Documentation
Pursuant to 49 CFR Part 673.31, Madera Metro maintains records related to this ASP and SMS implementation for a minimum of three years. These documents include but are not limited to the results from SMS processes and activities. Madera Metro will make these documents available to FTA Region 9, Caltrans, and other Federal and state agencies upon request.

REPORT TO CITY COUNCIL
Approved by:

Michael Lima, Director of Financial Services
Arnoldo Rodriguez, City Manager
SUBJECT:

Transit Center Canopy Installation Project
RECOMMENDATION:

Adopt a Minute Order Approving:

1. Acceptance of the Transit Center Canopy Project

2. Recording of Notice of Completion

3. Release of retention 35 days after the recording of the Notice of Completion SUMMARY:

On December 15, 2025, the City Council approved the award of a Construction Services Agreement with David J. Boyle Electric Shop, LLC (Boyle Electric) for the Transit Center Canopy Installation Project. The contract with Boyle Electric was $76,100, with a contingency of up to 10 percent of the base award amount, for a not to exceed total award of $83,710. The scope of work included the construction of a new entrance canopy at the Madera Transit Center.

All parties agree that the project can be recommended for acceptance by the Council. Presuming Council acceptance of the project, a Notice of Completion will be recorded thereafter.

DISCUSSION:

The Transit Center Canopy Installation Project consisted of the installation of a canopy structure on the east entrance of the Madera Transit Center. The contractor was required to provide all required tools and equipment necessary to construct and install the canopy; such as: site clearing, installation of required electrical wiring, room framing, steel column installation and rain gutter installation. There was a requirement that the canopy color match the existing color of the Transit Center.

Council Meeting of: June 17, 2026
Agenda Number: B-12
Return to Agenda
The project was contracted to end by May 1, 2026; however, there were project delays that resulted in a completion date that extended past the original date:

1. During the construction of the foundation, there were several days where work was halted due to rain.

2. The Bid Specification required the use of specific roofing materials. There was a delay with the manufacturer delivering these materials.

3. During the oversight of this project, City staff identified a missing part that was required to be installed prior to the final inspection.

A final inspection was completed by the City Building Inspector on May 22, 2026. All work by Boyle Electric was found to be completed and in conformance with the project requirements.

Table 1 provides a summary of the project contract costs. There was one Change Order that affected the original contract costs and one Change Order with no impact to the contract expenses.

Table 1: Project cost summary
Item Total
Original Contract $76,100
Change Order #1: Stucco System Installation $6,646
Change Order#2: Additional Days $0
TOTAL $82,746
Staff recommends acceptance by Council and authorizing the recording of a Notice of Completion.

FINANCIAL IMPACT:

Funding for this project was programmed in the Fiscal Year 2025/26 CIP budget through State of Good Repair & Proposition 1 funding (Public Transportation Modernization, Improvement, and Service Enhancement Account). There was no fiscal impact to the City’s General Fund from this project.

ALTERNATIVES:

Alternatively, Council may elect to reject the Notice of completion with due cause. Rejection of the Notice of Completion will result in staff’s inability to release retention funds and delay the formal recording of the Notice of Completion until Council concerns, if any, are addressed.

ATTACHMENTS:

1. Attachment A: Notice of Completion

2. Attachment B: Photos of the Transit Canopy

Recording Requested by:

City of Madera
And When Recorded, Mail to:

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

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

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

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

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

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

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

Name Address
N/A

6. A work of improvement on the property hereinafter described was completed on 05/22/26.

7. The name of the original contractor, if any, for such work of improvement was: David J. Boyle Electric Shop, LLC. (If no contractor for work of improvements as a whole, insert “none”.)

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

Name Address

N/A N/A

9. The property on which said work of improvement was completed is in the City of Madera, County of Madera, State of California, and is described as follows:

Transit Center Canopy Project at 1951 Independence Drive

10. The street address of said property: 1951 Independence Drive, Madera CA 93637 (If no street address has been officially assigned, insert “none”.) (Signature of owner in paragraph 2)

CITY OF MADERA
Dated Michael Lima
Director of Financial Services
Attachment A

State of California
County of Madera
Michael Lima, being duly sworn says: He is the City Director of Financial Services of the City of Madera, the corporation that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein described; that he makes this verification on behalf of said corporation; that he has read said notice and knows the contents thereof, and that the facts herein stated are true. (Signature of Officer)
Michael Lima
Director of Financial Services
State of California
County of Madera
Subscribed and sworn to (or affirmed) before me on the day of , 2026 by Michael Lima, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (Seal)
Alicia Gonzales
City Clerk
The notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy or validity of that document.

Below are pictures before and during construction. Attachment B

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

K-9 donation from the Community Correction Partnership
RECOMMENDATION:

Adopt a Resolution accepting a donation of a trained, dual-purpose K-9 from the Community Correction Partnership
SUMMARY:

The County of Madera (County) approved on May 12, 2026, the City’s request to allocate funds from the Community Corrections Partnership’s (CCP) budget to fund the purchase and training of a dual-purpose (detection and apprehension) K-9. The requested action would accept the donation of the apprehension and detection K-9 and shift the responsibility of the animal to the City’s K-9 program. This would increase the City’s K-9 unit from 2 dogs to 3. For the Police Department to begin using this K-9, Council approval is needed to accept the donation of the K9 from the CCP.

DISCUSSION:

It is the policy of the City of Madera (City) that donations offered to City departments must be formally accepted by the City Council prior to the donation being received, expended, or otherwise utilized by the receiving department. Council acceptance ensures transparency, provides public acknowledgment of the donor’s contribution, and authorizes the City to receive and use the donated funds or property for their intended purpose. Approval of this item will allow the Police Department to accept and utilize the donation in support of its operations and programs.

The Police Department (MPD) utilizes K-9 units as a critical tool for enhancing public safety and supporting a wide range of law enforcement operations. These specialized teams provide a highly effective and efficient resource that significantly increases the department’s operational Council Meeting of: June 17, 2026
Agenda Number: B-13
Return to Agenda
capabilities. MPD K-9 units are routinely deployed for suspect apprehension, narcotics detection, officer safety, search operations and community engagement.

To maintain optimal operational readiness, MPD typically deploys 3 active K-9 units for service. On November 5, 2025, the Council approved the surplus of drug-detection K-9, Ulf, who was sold back to his handler following the handler’s separation from service. This transition has left one vacant K-9 position within the department, which staff is currently working to fill.

The funding for this replacement K-9 stems from State legislative changes that have reshaped local law enforcement over the last decade. Signed into law in 2011, Assembly Bill 109 (AB109), also known as Public Safety Realignment, shifted the responsibility of managing and monitoring non-violent offenders from the State prison system to local county jurisdictions.

To facilitate this shift and address the additional supervision and enforcement requirements placed on municipalities, the State reallocates public safety funding to county programs, managed locally by the CCP. Because MPD’s K-9 units are vital resource for the enforcement and community monitoring required under realignment, the County of Madera approved allocating CCP budget funds to purchase and train a new dual-purpose K-9 for the City. Accepting this donation allows MPD to strategically leverage these realignment resources to fill its vacancy and maintain local public safety objectives.

FINANCIAL IMPACT:

City staff is recommending accepting the donation of the detection and apprehension K-9. The initial training of the dog is also included in this donation, but it will be the responsibility of the City to continue monthly recurring training costing $350. In addition, each Officer assigned to a K-9 receives a stipend of $162.75 biweekly for a yearly cost of $4,231.

Historically, food for the K-9s runs about $500 per year per dog. The total cost to the City would be approximately $9,022 per year, which is included in the Police Department’s Fiscal Year 2026/27 budget requests.

ALTERNATIVES:

The City Council (Council) may deny the donation from CCP, and request staff find an alternative funding source to procure the K-9.

ATTACHMENTS:

1. Resolution accepting the donation from CCP
RESOLUTION NO. 26-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
ACCEPTING A DONATION OF A DUAL-PURPOSE K-9 AND ITS REQUIRED

TRAINING FROM THE COMMUNITY CORRECTIONS PARTNERSHIP
WHEREAS, On December 3, 2013, the City of Madera (City) and the County of Madera (County) entered an agreement related to Assembly Bill 109; and WHEREAS, the City of Madera (City) requires the City Council to formally accept donations greater than $1,000; and
WHEREAS, the City recognizes that police K-9 units provide a significant operational advantage to the Madera Police Department, enhancing officer safety, accelerating suspect apprehension, and reducing the need for higher-risk tactical interventions; and WHEREAS, the City believes the donation will positively impact community partnerships as the detection and apprehension K-9 will participate in events such as school site visits and large community gatherings; and
WHEREAS, the City wishes to accept the donation and include the dual-purpose K-9 in its existing K-9 program
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 donation provided by the Community Corrections Partnership is accepted.

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

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

Vehicle donation from the Community Correction Partnership RECOMMENDATION:

Adopt a Resolution accepting the donation of two vehicles for the Special Investigations Unit (SIU) from the Community Correction Partnership
SUMMARY:

The Community Corrections Partnership’s (CCP) approved funding for two vehicles to be utilized by SIU at their May 12, 2026 meeting. The vehicles being replaced are in disrepair and were previously provided by National Insurance Crime Bureau. For the Police Department to begin using these vehicles, Council approval is needed to accept the donation of the vehicles from the CCP.

DISCUSSION:

It is the policy of the City of Madera (City) that donations offered to City departments must be formally accepted by the City Council prior to the donation being received, expended, or otherwise utilized by the receiving department. Council acceptance ensures transparency, provides public acknowledgment of the donor’s contribution, and authorizes the City to receive and use the donated funds or property for their intended purpose. Approval of this item will allow the Police Department to accept and utilize the donation in support of its operations and programs.

Signed into law in 2011, Assembly Bill 109 (AB 109) shifted the responsibility of monitoring lowlevel offenders from the State prisons to local jurisdictions. The primary objective of the law was to reduce overcrowding in state prisons. To support this shift, the State reallocated public safety funding to county CCP and local programs to assist with the increased supervision and enforcement responsibilities.

Council Meeting of: June 17, 2026
Agenda Number: B-14
Return to Agenda
The multi-agency Special Investigations Unit (SIU) is a vital component of this regional public safety strategy. The team is staffed with members of the Madera Police Department, Madera Sheriff’s Office, the Chowchilla Police Department, the Madera County District Attorney’s Office, and the Madera County Probation Department. Currently, two MPD officers assigned to the team are fully funded through CCP allocations.

Many of the vehicles utilized by SIU were previously provided through a partnership with the National Insurance Crime Bureau (NICB). NICB will no longer be offering vehicles to local agencies and will not be replacing the vehicles currently in service. The existing fleet has reached a state of disrepair. They have had numerous mechanical failures, are extremely high in mileage and are predicted to reach end of their useful life within a year.

To ensure operational continuity and officer safety, the CCP has agreed to fund the purchase and donation of two new vehicles: a Chevrolet Blazer and Ford F-150. Both vehicles will be newly purchased and fully outfitted with the necessary law enforcement equipment, including emergency lights, gun lock, police radio system, and computer.

FINANCIAL IMPACT:

The total cost for two vehicles and their proper upfitting is a one-time investment made by CCP.

The City would take ownership and responsibility of the two vehicles and be responsible for the regular maintenance, insurance, and fuel. The two vehicles will be added to the current vehicle maintenance and replacement schedule. As a result of this addition, interfund charges from the Police Department to Fleet to cover the ongoing maintenance and future asset replacement will increase in future fiscal years.

ALTERNATIVES:

The City Council (Council) may deny the donation, and request staff find an alternative funding source.

ATTACHMENTS:

1. Resolution accepting the donation from CCP
RESOLUTION NO. 26-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

ACCEPTING A DONATION OF TWO UPFITTED VEHICLES FROM THE

COMMUNITY CORRECTIONS PARTNERSHIP FOR USE BY THE SPECIAL

INVESTIGATIONS UNIT
WHEREAS, On December 3, 2013, the City of Madera (City) and the County of Madera (County) entered an agreement related to Assembly Bill 109; and WHEREAS, the City of Madera (City) requires the City Council to formally accept donations greater than $1,000; and
WHEREAS, the City believes the donation will positively impact operational efficiency; and
WHEREAS, the City wishes to accept the donation and utilize the donated vehicles as part of the Special Investigations Unit fleet; and
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 donation provided by the Community Corrections Partnership is accepted.

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

REPORT TO CITY COUNCIL
Approved by:
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Pacific Gas & Electric (PG&E) Charitable Contribution Donation Program RECOMMENDATION:

Adopt a Resolution Accepting Pacific Gas & Electric Company’s Charitable Contribution Donation of $10,000 for Movies in the Park Summer 2026
SUMMARY:

The City submitted a charitable contribution request in April 2026 for consideration through Pacific Gas and Electric’s (PG&E) Charitable Contribution Application program. PG&E generously awarded the City $10,000 to support the Movies in the Park Summer 2026 series.

DISCUSSION:

PG&E’s donation will support the annual Movies in the Park summer series at the Lions Town & Country Park, as well as additional movie screening opportunities. PG&E's charitable giving program is dedicated to building safer and more resilient communities. Through the charitable giving program, PG&E invests in areas such as:
 Emergency preparedness; safety and resiliency; food insecurity; and justice, equity and inclusion
 Climate resiliency; environmental stewardship; and land, air, and water quality  STEM education, workforce development, and support for small businesses.

The donation will be utilized towards the summer Movies in the Park eight-week series, commencing the second Friday in July. The series features family-friendly movies showcased on a large inflatable screen every Friday, enhancing our community events and providing enjoyable experiences for residents. Historically, the series is free, as is parking. PG&E’s donation reduces Council Meeting of: June 17, 2026
Agenda Number: B-15
Return to Agenda
the City’s financial obligation, as the City must purchase a public performance movie license from the copyright owner to screen movies. While the City also operates a concession stand, snack prices are kept at a minimum.

This year, the charitable contribution request included plans for additional movie screening opportunities as follows:
 One senior movie night screening hosted at the Frank Bergon Senior Center  One Halloween-themed movie screening hosted at the Lions Town & Country Park  One Christmas-themed movie screening hosted at the John Wells Youth Center In recognition of their donation, the City will add PG&E’s logo to promotional materials, the website, and social media communication posts.

FINANCIAL IMPACT:

The charitable contribution will reimburse the City for expenditures related to the Movies in the Park summer series, which includes per-movie licensing costs, concession stand supplies, tech and sound system, and other related items and supplies.

The Movies in the Park series expenses are budgeted to the Parks & Community Services Department Special Events budget for Fiscal Year 2026/2027.

ALTERNATIVES:

The Council may elect not to accept PG&E’s $10,000 charitable contribution, at which point the City may have to revert funds to PG&E. Should the Movies in the Park series take place, the City would assume costs utilizing the General Fund.

ATTACHMENTS:

1. Resolution – Accepting Pacific Gas & Electric Company’s Charitable Contribution Donation of $10,000 for Movies in the Park Summer 2026
ATTACHMENT 1
Resolution – Pacific Gas & Electric Company’s Charitable Contribution Donation of $10,000 for Movies in the Park Summer 2026
RESOLUTION NO. 26-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA ACCEPTING PACIFIC GAS & ELECTRIC COMPANY’S
CHARITABLE CONTRIBUTION DONATION OF $10,000 FOR MOVIES IN THE PARK SUMMER 2026
WHEREAS, Pacific Gas & Electric Company made available $10,000 in charitable donation funds available to the City; and
WHEREAS, the City applied for the funding with a Charitable Contribution Application submitted in April 2026; and
WHEREAS, the application has been approved; and
WHEREAS, the charitable donation is made possible through Pacific Gas & Electric Company’s Charitable Contribution Program; and
WHEREAS, the Program is funded by both PG&E Company itself, and by the PG&E Corporation Foundation, an independent 501(c)3 non-profit foundation; and WHEREAS, the $10,000 charitable donation is to be used for the Movies in the Park Summer 2026 series and additional movie screening opportunities.

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 charitable donation provided by Pacific Gas & Electric Company of $10,000 is accepted.

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

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Will Tackett, Community Development Director
Arnoldo Rodriguez, City Manager
SUBJECT:

Second Reading and Adoption of an Ordinance to Rezone (REZ 2026-01) Three Areas of the City as Described in the 2024-2032 6th Cycle Housing Element RECOMMENDATION:

The Planning Commission and staff recommend the City Council act as follows:

1. Waive full reading and adopt by title only an Ordinance of the City Council of the City of Madera approving Rezone (REZ) 2026-01 and amending the official City of Madera Zoning Map to rezone three areas of the City to the R-3 (Residential, one unit for each 871 square feet of site area) zone district as described in the City of Madera’s adopted 2024-2032 6th Cycle Housing Element.

SUMMARY:

An amendment of the City’s zoning regulation 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 the ordinance to amend the City of Madera Official Zoning Map to rezone three areas of the City to the R-3 (Residential, one unit for each 871 square feet of site area) zone district as described in the City of Madera’s adopted 2024-2032 6th Cycle Housing Element at a public hearing held on May 20, 2026.

At the public hearing held on May 20, 2026, the City of Madera City Council adopted Resolution No. 26-72 determining the project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 21080.085 of the California Public Resources Code and Council Meeting of: June 17, 2026
Agenda Number: B-16
Return to Agenda
approving General Plan Amendment (GPA) 2026-03, amending the General Plan Land Use Map, to change the land use designations for the three areas of the City to the High Density Residential designation as described in the City of Madera’s 2024-2032 6th Cycle Housing Element.

The Housing Element is one of eight mandatory elements of a General Plan and is required by California State Law to be updated every eight years. On February 4, 2026, the City Council adopted Resolution No. 26-02 approving General Plan Amendment (GPA) No. 2026-01 for the 2024-2032 6th Cycle Housing Element update.

The Housing Element serves as the State-mandated housing plan for a local jurisdiction and must identify adequate sites, policies, and programs to facilitate housing production across all income levels.

The City Housing Element includes goals, policies and programs which aim to encourage the development of a variety of housing opportunities and provide adequate sites to meet the Regional Housing Needs Allocation (RHNA) during the planning period (2024-2032). For this purpose, the Housing Element identifies a comprehensive inventory of vacant and non-vacant opportunity sites intended to accommodate the City’s RHNA. The Housing Element explains that the City must provide adequate zoning capacity and development opportunities across all income levels through a combination of existing residentially zoned land, redevelopment potential, and strategic rezoning programs.

Housing Element Program A-1 states the City will rezone to provide adequate sites to meet its housing needs. The City will process zoning amendments to fully accommodate the City’s remaining housing needs. Rezone sites will comply with the requirements of Government Code Section 65583.2(h) and (i). To address affirmatively furthering fair housing (AFFH) goals and improve access for a diverse array of housing opportunities for all residents of Madera, including members of protected classes, the City will seek to expand affordable and multifamily housing opportunities in areas of high resource. This includes rezoning 82 parcels (±123.4 acres) to the R 3 (Residential, one unit for each 871 square feet of site area) zone district (2,410 lower, 1,109 moderate, and 1,340 above-moderate RHNA units). These parcels were identified in Appendix A:

Sites Inventory Map and Appendix B: RHNA Sites Inventory to the City Housing Element and are illustrated as exhibits to the resolution and ordinance proposed for adoption.

While the City has adopted the 2024-2032 Housing Element, it has not yet completed the housing element process for the 6th cycle. The Housing Element will remain out of compliance with Government Code Sections 65583(c) and 65583.2(c), (h) & (i) until the rezoning has been completed and submitted and reviewed by HCD to meet all statutory requirements. Once the City completes the rezoning, copies of the Council resolution and ordinance are required to be transmitted to the State of California Department of Housing and Community Development (HCD). HCD will review the documentation and issue correspondence updating the status of the City’s housing element compliance.

BACKGROUND & ANALYSIS:

As required by California Government Code Section 65583, each jurisdiction must have land zoned to accommodate its fair share of the regional housing need. Each jurisdiction’s share of needs is known as the Regional Housing Needs Allocation (RHNA). HCD determines the needs for each region of the state. The Madera County Transportation Commission (MCTC) is the regional planning agency for the two incorporated cities (Madera and Chowchilla) and unincorporated County and is responsible for assigning each jurisdiction its share of the RHNA. The RHNA is broken down into the five income levels: extremely low, very low, low, moderate, and above moderate.

Regional housing needs allocation obligation:

The City is required to maintain sufficient land and sites capacity to meet the RHNA for the eightyear planning period, from 2024–2032. There must always be appropriate zoning and development standards in place for the RHNA to be met.

No Net Loss Buffer
State law requires cities to continually maintain adequate capacity in their sites inventories to meet their RHNA for all income levels. In the event that a site is developed below the density projected in the Housing Element, or at a different income level than projected, the City must take action(s) to ensure adequate sites are available to accommodate the remaining balance of the RHNA. If the City does not have any additional capacity within the existing zoning, it must identify and rezone new sites that can accommodate the remaining need within six months. For these reasons, the City is including a buffer of 20 percent above the remaining RHNA.

HCD has released the Housing Element Site Inventory Guidebook designed to assist a jurisdiction through the site inventory analysis required by Housing Element Law. Use of the Guidebook is not required for a determination of compliance by HCD. The Guidebook is intended to facilitate the jurisdiction in determining if adequate sites are available by income category to accommodate the jurisdiction’s share of the RHNA or if rezoning or other program actions are needed. To ensure that sufficient capacity exists in the housing element to accommodate the RHNA throughout the planning period, it is recommended the jurisdiction create a buffer in the housing element inventory of at least 15 to 30 percent more capacity than required, especially for capacity to accommodate the lower income RHNA.

For these reasons, the City is including a buffer of 20 percent above the remaining RHNA need once accounting for pending projects and accessory dwelling units (ADUs). The table below describes the RHNA allocation for the City and the units yielded from the identified opportunity sites.

Table 1: RHNA allocation and projected City residential unit yields Very Low
Income
Low
Income
Moderate
Income
Above Mod
Income
Total
RHNA
Area Median Income <50% 50%–80% 81%–120% > 120% -
6th Cycle Total RHNA 1,238 958 1,170 2,874 6,240
(2024–2032)
Current Projects - - - 352 352
ADUs (1) - - - 2 2
Unmet RHNA 1,238 958 1,170 2,520 5,886
Identified RHNA Site
Capacity 1,486 1,150 1,404 3,024 7,064
Resultant Target Buffer 20% 20% 20% 20% 20%
(1) Note: ADU = accessory dwelling unit
Existing Site Inventory & Capacity:

The Housing Element identifies substantial housing capacity on vacant residentially zoned sites.

The City estimates that vacant sites can accommodate approximately 5,255 housing units distributed among various zoning districts, including significant capacity within the R-3 highdensity residential zone. The Housing Element further notes that vacant sites accommodate approximately 68 to 69 percent of the City’s lower-income RHNA allocation.

Because vacant land alone was insufficient to fully accommodate the City’s RHNA, the Housing Element also identifies non-vacant and underutilized sites capable of redevelopment. The City identified approximately 1,809 units of additional capacity on non-vacant sites. The Housing Element states that non-vacant sites account for approximately 32 percent of the lower-income RHNA capacity and approximately 29 percent of the City’s total RHNA capacity.

To support the use of non-vacant sites, the Housing Element includes a detailed analysis of redevelopment trends and site characteristics within the City. The City evaluated recently developed and proposed residential projects occurring on previously developed properties and identified consistent redevelopment patterns involving underutilized parcels, older structures, low building coverage ratios, and sites containing excess vacant land.

The Housing Element established six criteria for evaluating redevelopment potential on nonvacant sites:

1. High land-to-improvement ratios indicating underutilization;

2. Older building age, generally greater than 40 years;

3. Existing land uses similar to previously redeveloped sites;

4. Low building coverage and high infill potential;

5. Proximity to services such as schools, grocery stores, and daycare facilities; and

6. Accessibility to public transit.

Using these criteria, the City identified numerous clusters of non-vacant properties suitable for redevelopment, including areas along Lincoln Avenue, Sharon Avenue, Adell Street, D Street, Pecan Avenue, Central Avenue, A Street, Terra Firma Drive, Storey Road, Linden Street, and Westberry Boulevard. Many of these sites contain older single-family residences situated on large parcels with significant excess vacant land and building coverage typically below 20 percent, thereby demonstrating realistic redevelopment potential while allowing for possible retention of existing structures.

Rezone Areas:

The Sites Inventory identifies 82 opportunity sites to be rezoned in order to create capacity for the number of units in the RHNA. As noted in Program A-1, ±123.4 total acres throughout the City are proposed to be rezoned to the R-3 (Residential, one unit for each 871 square feet of site area) zone. These parcels were identified in Appendix A: Sites Inventory Map and Appendix B:

RHNA Sites Inventory to the City Housing Element (Attachment 1 & 2 [abridged]) and are specifically illustrated as exhibits to the resolution and ordinance proposed for adoption.

Sherwood Way Rezone Area
Among the identified rezoning areas is the Sherwood Way Rezone Area (Attachment 3) where properties are currently designated by the General Plan for Medium Density Residential (7.1-15 dwelling units per acre) land use and zoned C-1 (Light Commercial) and PD-3000 (Planned Development, one unit for each 3,000 square feet of site area).

In accordance with Policy LU-32 and Table LU-A: General Plan/Zoning Consistency of the General Plan, GPA 2026-03 will amend the General Plan Land Use Map to change the land use designation for these properties from Medium Density Residential to High Density Residential (15.1-50 d.u./ac.). REZ 2026-01 will amend the Official Zoning Map to rezone these properties from the C- 1 and PD-3000 zone districts to the R-3 zone district.

The Housing Element explains that this rezoning would substantially increase allowable residential density and create additional opportunities for lower-income housing development on underutilized parcels currently occupied by single-family residences. It is important to note the properties located within the existing C-1 (Light Commercial) zone district in this area are not zoned in a manner which is consistent with the existing Medium Density Residential land use designation for those property as shown on the General Plan Land Use Map pursuant to Policy LU-32 and Table LU-A: General Plan/Zoning Consistency of the General Plan.

Northern Rezone Area
The Housing Element additionally identifies a major Northern Rezone Area (Attachment 4) consisting of approximately 65 parcels, including both vacant and non-vacant properties. This area includes properties which are designated for a mix of Low Density Residential (2.1-7 d.u./ac.), Medium Density Residential (7.1-15 d.u./ac.), Office and Commercial land uses on the General Plan Land Use map. Similarly, this area is zoned with a mix of R-1 (Residential, one unit for each 6,000 square feet of site area), PD-4500 & 1500 (Planned development one unit for each 4,500 & 1500 sq. ft. of site area, respectively), C-1 (Light Commercial), and U (Unclassified) zone districts. commercial or lower-density residential.

The proposed rezoning to R-3 high-density residential would increase the area’s estimated housing development potential from approximately 519 units to approximately 5,290 units. The City’s sites inventory assumes approximately 4,223 units within this rezone area, including approximately 1,694 units on non-vacant parcels. It is important to note the vast majority of the properties located within the existing C-1 (Light Commercial) zone district in this area are not zoned in a manner which is consistent with the existing Medium Density Residential and Office land use designations for those respective properties as shown on the General Plan Land Use Map pursuant to Policy LU-32 and Table LU-A: General Plan/Zoning Consistency of the General Plan.

Southern Rezone Area
The third area identified for rezoning in the Housing Element, the Southern Rezone Area, (Attachment 5) includes a vacant parcel and a portion of a larger vacant parcel comprising ± 5.6 acres in area. The Southern Rezone Area parcels are designated for Commercial and Office uses on the General Plan Land Use Map and are zoned H-C (Highway Commercial) and O (Office).

The City’s sites inventory assumes rezoning this area to R-3 high-density residential would increase the area’s estimated housing development potential by approximately 222 units. At this time, both the independent parcel and the portion of the larger parcel within the rezone area lack public street frontage and will require public streets to be dedicated (or private easements to be created) across adjacent parcels or portions thereof to create adequate access. Moreover, the abutting parcels (and adjacent portions of shared parcels) are designated for Commercial and Office uses on the General Plan Land Use Map. It must be noted that rezoning this area at this time would create a landlocked island of high-density residential property surrounded by the freeway and non-residential properties as well as split-zoning on two separate parcels. However, the split zoning will help ensure owners of the adjacent parcels or portions thereof will have a vested interest in planning for adequate access to the area with future development.

Approximately 7.75 acres of existing High Density Residential designated lands are located in near proximity to the west with opportunities to provide second points for connections and with which there may be future opportunity to aggregate. The City has received inquiries regarding potential development in the immediate vicinity; there is potential that investment interests could provide unique opportunities for owner collaboration.

Conclusion:

The Housing Element concludes that the identified sites, combined with the proposed rezoning programs and redevelopment trends analysis, demonstrate the City’s ability to accommodate its RHNA allocation and comply with State Housing Element law. The document further states that the selected non-vacant sites possess characteristics consistent with successful redevelopment projects already occurring within the City and therefore have a strong likelihood of redevelopment during the Housing Element planning period.

ENVIRONMENTAL REVIEW:

The proposed project has been reviewed for compliance with the requirements of the California Environmental Quality Act (CEQA) Guidelines.

General Plan Amendment (GPA) 2026-03 and Rezone (REZ) 2026-01 implement the schedule of actions identified in the City of Madera 2024-2032 Housing Element as required by State law and has been reviewed for compliance with the requirements of the California Environmental Quality Act (CEQA) Guidelines.

At the public hearing held on May 20, 2026, the City of Madera City Council adopted Resolution No. 26-72 determining the project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 21080.085 of the California Public Resources Code.

PLANNING COMMISSION RECOMMENDATION:

In accordance with the provisions of California Government Code § 65353(a) and City Municipal Code §§ 10-3.1507 & 10-3.1904, the City of Madera Planning Commission held a duly noticed public hearing during its regularly scheduled meeting on May 12, 2026. Following the hearing, the Commission adopted the attached Resolution (Attachment 6), recommending the Council of the City of Madera approve General Plan Amendment (GPA) No. 2026-03 and Rezone (REZ) 2026-

01. FISCAL IMPACT:

The Housing Element is one of eight mandatory elements of a General Plan and is required by California State Law to be updated every eight years.

On June 21, 2023, the City Council adopted Resolution No. 23-115 approving the Professional Services Agreement with Michael baker International for preparation of the City of Madera 6th Cycle Housing Element update, which included a Schedule of Compensation for a cost of $326,650. The agreement was financed in part by the Senate Bill 2 Planning Grant ($62,560) and Local Early Action Plan (LEAP) Grant ($187,440) for a total of $250,000 (the maximum allowable) in program funding with the balance of funds financed by money set aside in the approved Planning Department FY ‘23/’24, ‘24/’25 & ‘25/’26 annual operating budgets.

This report and associated documentation were prepared by City staff. There is no impact on the General Fund.

ALTERNATIVES:

1. Move to continue the matter to a future City Council meeting at a date and time certain (City Council to specify date) or refer the matter back to staff to be rescheduled at a later meeting date to be determined; with directions to staff.

2. Move to alter or deny the ordinance approving the Rezone to amend the Official Zoning Map or any parts thereof as set forth in the staff report and as the Council may deem to be advisable.

ATTACHMENTS:

1. Housing Element Appendix A: Sites Inventory Map

2. Housing Element Appendix B: RHNA Sites Inventory (Abridged, Rezone Sites)

3. Sherwood Way Rezone Area

4. Northern Rezone Area

5. Southern Rezone Area

6. Planning Commission Recommendation (PC Resolution)

7. City Council Resolution No. 26-72 Approving General Plan Amendment (GPA) 2026-03

8. City Council Ordinance Approving Rezone (REZ) 2026-01; including:

Exhibit “A” REZ 2026-01 Existing and Proposed Official Zoning Maps ATTACHMENT 1
Housing Element Appendix A: Sites Inventory Map
Appendix A: Sites Inventory Map
RHNA Sites and Pending Projects
City of Madera Housing Element I 6th Cycle Housing Plan Legend
Rezone to R-3
Income Category
0 1
---===::::::i, Miles

0.5 APPENDIX Al
N
A
ATTACHMENT 2
Housing Element Appendix B: RHNA Sites Inventory
(Abridged, Rezone Sites)
APN Address / Intersection Zip Acreage
Zoning
(Existing) Zoning (New) GP
Max Density
du/ac (New)
Existing
Units
Very
Low Low Moderate
Above
Moderate
Total
Units Infrastructure
Publicly
Owned 4th Cycle 5th Cycle Existing Use
003-210-
026
Second Parcel West from
the Northwest Corner of
the Intersection of
Owens Street And
Sherwood Street
93638 1.6 C1 R3 MD 50 0 0 0 0 62 62 Yes No No No Vacant 003-210-
029
Second Parcel North
from the Northwest
Corner of the Intersection
of Owens Street And
Sherwood Street
93638 0.3 PD (3000) R3 MD 50 1 0 0 10 0 10 Yes No No No Vacant 003-210-
030
Northwest Corner of the
Intersection of Owens
Street And Sherwood
Street
93638 1.7 C1 R3 MD 50 1 0 0 0 67 67 Yes No No No Vacant 003-222-
010 133 W Clark St 93638 0.1 PD (4500) R3 LD 50 1 0 0 4 0 4 Yes No No No Vacant 003-240-
004
Second Parcel West of
the Southwest Corner of
the Intersection of Taylor
Street and Sarah Street
93638 0.5 PD (3000) R3 MD 50 1 0 0 0 19 19 Yes No No No Vacant 003-240-
005
Fourth Parcel North of
the Northeast Corner of
the Intersection of
Owens Street and W
Sherwood Way
93638 0.2 PD (3000) R3 MD 50 1 0 0 6 0 6 Yes No No No Vacant 003-240-
006
Fourth Parcel North and
Second Parcel East of the
Northeast Corner of the
Intersection of Owens
Street and W Sherwood
Way
93638 0.1 PD (3000) R3 MD 50 1 0 0 4 0 4 Yes No No No Vacant 003-240-
007
Third Parcel North of the
Northeast Corner of the
Intersection of Owens
Street and W Sherwood
Way
93638 0.1 PD (3000) R3 MD 50 1 0 0 3 0 3 Yes No No No Vacant 003-240-
009
Third Parcel North and
Second Parcel East of the
Northeast Corner of the
Intersection of Owens
Street and W Sherwood
Way
93638 0.6 PD (3000) R3 MD 50 1 0 0 0 22 22 Yes No No No Vacant 003-240-
010
Fourth Parcel North and
Fourth Parcel East of the
Northeast Corner of the
Intersection of Owens
Street and W Sherwood
Way
93638 0.2 PD (3000) R3 MD 50 1 0 0 6 0 6 Yes No No No Vacant 003-240-
011 1317 Owens St 93638 0.1 PD (3000) R3 MD 50 1 0 0 5 0 5 Yes No No No Vacant 003-240-
012 1315 Owens St 93638 0.8 PD (3000) R3 MD 50 1 0 0 0 33 33 Yes No No No Vacant 003-240-
013 1307 Owens St 93638 0.5 PD (3000) R3 MD 50 1 6 14 0 0 20 Yes No No No Residential 003-240-
016 1326 Sonora St 93638 1.7 PD (3000) R3 MD 50 1 0 0 0 67 67 Yes No No No Vacant 003-240-
018
Second Parcel North of
the Northwest Corner of
the Intersection of
Sonora Street And W
Sherwood Way
93638 0.7 PD (3000) R3 MD 50 1 7 21 0 0 28 Yes No No No Residential 003-240-
019
Northwest Corner of the
Intersection of Sonora
Street And W Sherwood
Way
93638 1.6 PD (3000) R3 MD 50 1 0 0 0 62 62 Yes No No No Vacant 003-250-
003 360 W Adell St 93638 5 C1 R3 O 50 1 79 61 31 28 199 Yes No No No Vacant 003-250-
012 407 W Clark St 93638 0.7 C1 R3 C 50 1 0 0 0 26 26 Yes No No No Residential 003-250-
013
Second Parcel North of
the Northwest Corner of
the Intersection of
Owens Street and W
Clark Street
93638 2.4 C1 R3 MD 50 1 27 20 24 23 94 Yes No No No Vacant 003-250-
014 1586 Owens St 93638 0.4 C1 R3 MD 50 1 0 0 15 0 15 Yes No No No Residential 003-250-
015 345 W Clark St 93638 0.5 C1 R3 MD 50 1 0 0 19 0 19 Yes No No No Vacant 003-250-
016 323 W Clark St 93638 0.5 C1 R3 MD 50 1 0 0 19 0 19 Yes No No No Residential 003-250-
017 1528 Owens St 93638 1.2 C1 R3 MD 50 1 0 0 0 48 48 Yes No No No Residential 003-250-
018 216 W Adell St 93638 5.1 PD (4500) R3 MD 50 1 85 66 25 25 201 Yes No No No Residential 003-250-
021
Second Parcel South and
Third Parcel East of the
Southeast corner of the
Intersection of Owens
Street and Adell Street
93638 0.3 PD (4500) R3 LD 50 1 0 0 13 0 13 Yes No No No Vacant 003-250-
022
Second Parcel South and
Fourth Parcel East of the
Southeast corner of the
Intersection of Owens
Street and Adell Street
93638 0.3 PD (4500) R3 LD 50 1 0 0 13 0 13 Yes No No No Vacant Appendix B: RHNA Sites Inventory
The Sites inventory is not utilizing consolidation to meet size requirements. No parcels are being considered as consolidated. All parcels utilized for lower-income sites are greater than 0.5 acres and less than 10 acres.

Additionally, there are 2 nonvacant sites designated for lower-income that were included in the prior housing element, and 2 vacant sites designated for lower-income that were included in the prior two housing elements. The City is including Program A- 1 to allow residential use by right, without discretionary review or action, on these 4 parcels for developments where at least 20 percent of the units are affordable to lower income households.

Table 104: RHNA Sites Inventory (Abridged, Rezone Sites) 003-250-
023 1557 Owens St 93638 1.4 PD (4500) R3 LD 50
1000 55 55 Yes No No No Residential
003-250-
024
Northeast Corner of the
Intersection of Owens
Street And W Clark
Street
93638 2.2 PD (4500) R3 LD 501000 89 89 Yes No No No Vacant 003-250-
027
Second Parcel West of
the Southwest Corner of
the Intersection of
Owens Street and Adell
Street
93638 2.7 C1 R3C 501 30 23 27 26 106 Yes No No No Vacant 003-250-
029
Second Parcel East of the
Northeast Corner of the
Intersection Road 26 and
W Clark Street
936384 C1 R3C 502 45 35 40 40 160 Yes No No No Vacant
003-260-
001
Southeast Corner of the
Intersection of Sharon
Boulevard and Adell
Street
936381U R3 MD 501 22 1700 39 Yes No No No Vacant
003-260-
002 1575 Sharon Blvd 93638
4U R3 MD 502 45 34 40 39 158 Yes No No No Residential
003-260-
004 1660 Cardwell St 93638 0.4
U R3 MD 50100 170 17 Yes No No No Residential,
Vacant Land
003-260-
005
Second Parcel South of
the Southwest Corner of
the Intersection of
Cardwell Street and Adell
Street
93638 0.5U R3 MD 501 11800 19 Yes No No No Vacant
003-260-
006 1692 Cardwell St 93638
1U R3 MD 501 22 1700 39 Yes No No No Vacant
003-260-
007 1697 Cardwell St 93638
5 C1 R3 MD 501 84 65 25 25 199 Yes No No No Residential 003-260-
008 1625 Cardwell St 93638 0.3 C1 R3 MD 50
100909 Yes No No No Vacant
003-260-
009 1615 Cardwell St 93638 0.8 C1 R3 MD 50
1 17 1200 29 Yes No No No Residential
003-260-
010
Fourth Parcel South of
the Southeast Corner of
the Intersection of
Cardwell Street and Adell
Street
93638 0.5 C1 R3 MD 501 11800 19 Yes No No No Vacant
003-260-
012 1585 Cardwell St 93638 0.3 C1 R3 MD 50
100 120 12 Yes No No No Residential,
Vacant Land
003-260-
013 1567 Cardwell St 93638 0.5
U R3 MD 501 11800 19 Yes No No No Vacant
003-260-
014 1543 Cardwell St 93638 0.5
U R3 MD 501 11800 19 Yes No No No Residential
003-260-
015 1521 Cardwell St 93638 0.9
U R3 MD 501 19 1400 33 Yes No No No Vacant
003-260-
016 787 W Clark St 93638 0.5
U R3 MD 501 11800 19 Yes No No No Vacant
003-260-
018 741 W Clark St 93638 0.4
U R3 MD 50100 130 13 Yes No No No Residential
003-260-
019
Fourth Parcel East of the
Northeast Corner of the
Intersection of Sharon
Boulevard and W Clark
Street
93638 0.4U R3 MD 50100 150 15 Yes No No No Vacant
003-260-
021
Third Parcel South and
Second Parcel East of the
Southeast Corner of the
Intersection of Cardwell
Street and Adell Street
93638 0.4 C1 R3 MD 50100 160 16 Yes No No No Vacant
003-260-
022 719 W Clark St 93638 2.3 C1 R3 MD 50
1 26 19 23 22 90 Yes No No No Residential
003-260-
025 609 W Clark St 93638 0.4 C1 R3 MD 50
100 160 16 Yes No No No Residential
003-260-
027 1584 Fairview St 93638 0.9 C1 R3 MD 50
1 20 1400 34 Yes No No No Residential
003-260-
028 653 Abby St 93638 1.6 C1 R3 MD 50
1 35 2700 62 Yes No No No Residential
003-260-
029 1626 Fairview St 93638 0.3 C1 R3 MD 50
100909 Yes No No No Residential
003-260-
030 646 W Adell St 93638 0.6 C1 R3 MD 50
1 13900 22 Yes No No No Residential
003-260-
031
Southwest Corner of the
Intersection of Fairview
Street And Adell Street
93638 0.9 C1 R3 MD 501 21 1600 37 Yes No No No Vacant
003-260-
032
Southeast Corner of the
Intersection of Fairview
Street And Adell Street
93638 3.1 C1 R3 MD 501 35 27 31 30 123 Yes No No No Vacant 003-260-
033
Second Parcel East from
Northeast Corner of the
Intersection of Fairview
Street And W Clark
Street
93638 5.2 C1 R3 MD 501 87 68 25 25 205 Yes No No No Vacant 003-260-
035 1535 Fairview St 93638 0.1 C1 R3 MD 50
100404 Yes No No No Vacant
003-260-
036 591 W Clark St 93638 0.5 C1 R3 MD 50
200 160 16 Yes No No No Residential
003-260-
037 1692 Country Club Dr 93638 0.4 C1 R3
C 50100 150 15 Yes No No No Residential
003-260-
038 1656 Country Club Dr 93638 0.4 C1 R3
C 50100 170 17 Yes No No No Vacant
003-260-
039 1632 Country Club Dr 93638 0.5 C1 R3
C 501 12800 20 Yes No No No Residential
003-260-
042 1487 Sharon Blvd 93638
1 PD (1500) R3 HD 501 22 1700 39 Yes No No Yes Vacant
003-260-
043 1463 Sharon Blvd 93638
4 PD (1500) R3 HD 501 46 35 40 40 161 Yes No No Yes Vacant 003-260-
047
Second Parcel South
from Southeast Corner of
the Intersection of
Fairview Street And Clark
Street
93638 2.7 C1 R3 MD 501 31 23 27 27 108 Yes No No No Vacant 003-260-
048 562 W Clark St 93638
1 C1 R3 MD 501 22 1600 38 Yes No No No Residential
003-260-
049 530 W Clark St 93638 0.6 C1 R3 MD 50
1 14 1000 24 Yes No No No Residential
003-260-
050 510 W Clark St 93638 0.3 C1 R3 MD 50
100 130 13 Yes No No No Residential
011-320-
004
Second Parcel West and
Second Parcel Northwest
of the Southwest Corner
of S Gateway Drive and
State Route 99
93638 2.3 CH R3C 500 26 19 23 22 90 Yes No No No Vacant 012-390-
027
Second Parcel West of
the Western Corner of
the Intersection of S
Gateway Drive and State
Route 99
93638 3.3 PO R3O 500 37 29 33 33 132 Yes No No No Vacant 038-060-
019 16372 Road 26 93638 0.4 R2 R3 MD 50
000 170 17 Yes No No No Institutional
038-060-
020 25965 Ellis St 93638 0.9 R2 R3 MD 50
0 20 1500 35 Yes No No No Residential
038-060-
030 16316 Road 26 93638 0.8 R2 R3 MD 50
0 18 1300 31 Yes No No No Vacant
038-060-
031
Second Parcel South of
the Southeast Corner Of
the Intersection of Road
26 And Ellis Street
93638 1.1 R2 R3 MD 501 26 1900 45 Yes No No No Vacant
038-070-
018 26240 Ellis St 93638
5 R1 R3 LD 501 84 65 25 25 199 Yes No No No Residential 038-070-
027
Second Parcel North of
the Northwest corner of
the Intersection of
Owens Street and Ellis
Street
93638 4.6 R1 R3 LD 501 51 40 46 45 182 Yes No No No Vacant 038-070-
028
Northwest Corner of the
Intersection of Owens
Street And Ellis Street
93638 1.7 R1 R3 LD 500 38 2900 67 Yes No No No Commercial 038-100-
002 16257 Road 26 93638 12 R1 R3 LD 50
100 240 240 480 Yes No No No Vacant
038-100-
005 26189 Adell St 93638 2.6 R1 R3 LD 50
1 30 22 26 25 103 Yes No No No Residential
038-100-
006
Second Parcel West from
the Northwest Corner of
the Intersection of
Owens Street and Adell
Street
93638 2.6 R1 R3 LD 501 30 22 26 25 103 Yes No No No Vacant 038-100-
007 16248 Owens St 93638 2.6 R1 R3 LD 50
1 30 22 26 25 103 Yes No No No Residential
038-110-
025 16258 Road 26 93638 0.8 R2 R3 MD 50
1 18 1300 31 Yes No No No Vacant
038-110-
028
Northwest Corner of the
Intersection of Road 26
And Adell Street
936381 R2 R3 MD 501 22 1700 39 Yes No No No Vacant
ATTACHMENT 3
Sherwood Way Rezone Area
REZ 2026-01
Sherwood Rezone Area
FROM (EXISTING): TO (PROPOSED):

GPA2026-03
GPA 2026-03
Legend
Commercial
High Density Residential (15.1-50 d.u./ac.)
Low Density Residential (2.1-7 d.u.lac.)
lv'edium Density Residential (7.1-15 d.u./ac.)
Office
Legend
Commercial
High Density Residential (15.1-50 d.u./ac.)
Low Density Residential (2.1-7 d.u.lac.)
Medium Density Residential (7.1-15 d,u./ac.)
Office
FROM (EXISTING): TO (PROPOSED):

REZ 2026-01
REZ 2026-01
C1 (Light Commercial)
C2 (Heavy Commercial)
PD (Planned Development)
R1 (Residential, one unit/6,000 s.f. site area)
R2 (Residential, one unit/2, 178 s.f. site area)
C1 (Light Commercial)
C2 (Heavy Commercial)
PD (Planned Development)
R1 (Residential, one unit/6,000 s.f. site area)
R2 (Residential, one unit/2,178 s.f. site area)
R3 (Residential, one unit/871 s.f. site area]
ATTACHMENT 4
Northern Rezone Area
REZ 2026-01
Northern Rezone Area
FROM (EXISTING): TO (PROPOSED):

GPA2026-03
GPA2026-03
Northern Rezone Area
General Plan Land Use Map
High Density Residential (15.1-50 d.u./ac.)
Q Low Density Residential (2.1-7 d.u./ac.)
Q Medium Density Residential (7.1-15 d.u./ac.)
- Office
- Open Space
- Public Facility
Q Resource Conservation
High Density Residential (15.1-50 d.u./ac.)
Q Low Density Residential (2.1-7 d.u/ac.)
Q Medium Density Residential (7.1-15 d.u./ac.)
- Office
- Open Space
- Public Facility
Q Resource Conservation
TO (PROPOSED): FROM (EXISTING):

REZ 2026-01
REZ 2026-01
C1 (Light Commercial)
C2 (Heavy Commercial)
PD (Planned Development)
PF (Public Facilities)
PO (Professional Office)
R1 (Residential, one unit/6,000 s.f. site area)
R2 (Residential, one unit/2, 178 s.f. site area)
R3 (Residential, one unit/871 s.f. site area)
RCO (Resource Conservation & Open Space)
U (Unclassified)
Legend
- C1 (Light Commercial)
- C2 (Heavy Commercial)
U PD (Planned Development)
- PF (Public Facilities)
- PO (Professional Office)
CJ R1 (Residential, one unit/6,000 s.f. site area)
U R2 (Residential, one unit/2,178 s.f. site area)
- R3 (Residential, one unit/871 s.f. site area)
- RCO (Resource Conservation & Open Space)
Q U (Unclassified)
ATTACHMENT 5
Southern Rezone Area
REZ 2026-01
Southern Rezone Area
FROM (EXISTING): TO (PROPOSED):

GPA2026-03
GPA2026-03
, Commercial
~ High Density Residential
, 0 Low Density Residential
Medium Density Residential
, Office
, Publ ic Facility
0 ommercial
igh Density Residential
ow Density Residential
dium Density Residential
Office
Public Facil ity
FROM (EXISTING): TO (PROPOSED):

REZ 2026-01
REZ 2026-01
Legend
# C1 (Light Commercial)
# C2 (Heavy Commercial)
# HC (Highway Commercial)
0 I (Industrial
0 PD {Planned Development)
# PF (Public Facilities)
# PO (Professional Office)
0 R1 (Residential, one unit/6,000 s.f. site area)
0 R2 (Residential, one unit/2, 178 s.f. site area)
C1 (Light Commercial)
C2 (Heavy Commercial)
HC (Highway Commercial)
I {Industrial
PD {Planned Development)
PF (Public Facilities)
PO (Professional Office)
R1 (Residential, one unit/6,000 s.f. site area)
R2 (Residential, one unit/2,178 s.f. site area)
ATTACHMENT 6
Planning Commission Recommendation
(Resolution)

Commissioners Tim Riche, Abel Perez, Balwinder Singh, Saim Mohammad, Vice Chairperson Ramon Lopez and Chairperson Robert Gran Jr.

None
None
None
Sherwood Way & Northern
Rezone Areas
General Plan Land Use Map
Sherwood Way & Northern
Rezone Areas
General Plan Land Use Map
FROM (EXISTING): TO (PROPOSED): Exhibit A.1
GPA2026-03
GPA 2026-03
Commercial
High Density Residential (15.1-50 d.u./ac.)
0 Low Density Residential (2.1-7 d.u./ac.)
0 Medium Density Residential (7.1-15 d.u./ac.)
- Office
- OpenSpace
- Public Facility
0 Resource Conservation
Legend
- Commercial
~ High Density Residential (15.1-50 d.u./ac.)
0 Low Density Residential (2.1-7 d.u./ac.)
0 Medium Density Residential (7.1-15d.u./ac.)
- Office
- Open Space
- Public Facility
0 Resource Conservation
FROM (EXISTING): TO (PROPOSED):

Exhibit A.2
GPA2026-03
GPA2026-03
, Commercial
~ High Density Residential
, 0 Low Density Residential
Medium Density Residential
, Office
, Publ ic Facility
0 ommercial
igh Density Residential
ow Density Residential
dium Density Residential
Office
Public Facil ity
Exhibit B.1
FROM {EXISTING):
l
TO {PROPOSED):
l
C1 (Light Commercial)
C2 (Heavy Commercial)
PD (Planned Development)
PF (Public Facilities)
PO (Professional Office)
R1 (Residential, one unit/6,000 s.f. site area)
R2 (Residential, one unit/2, 178 s.f. site area)
R3 (Residential, one unit/871 s.f. site area)
- RCO (Resource Conservation & Open Space)
0 U (Unclassified)
Legend
- C1 (Light Commercial)
- C2 (Heavy Commercial)
0 PD (Planned Development)
- PF (Public Facilities)
- PO (Professional Office)
0 R1 (Residential, one unit/6,000 s.f. site area)
0 R2 (Residential, one unit/2, 178 s.f. site area)
- R3 (Residential, one unit/871 s.f. site area)
- RCO (Resource Conservation & Open Space)
0 U (Unclassified)
FROM (EXISTING): TO (PROPOSED): Exhibit B.2
REZ 2026-01
REZ 2026-01
Legend
# C1 (Light Commercial)
# C2 (Heavy Commercial)
# HC (Highway Commercial)
0 I (Industrial
0 PD {Planned Development)
# PF (Public Facilities)
# PO (Professional Office)
0 R1 (Residential, one unit/6,000 s.f. site area)
0 R2 (Residential, one unit/2, 178 s.f. site area)
C1 (Light Commercial)
C2 (Heavy Commercial)
HC (Highway Commercial)
I {Industrial
PD {Planned Development)
PF (Public Facilities)
PO (Professional Office)
R1 (Residential, one unit/6,000 s.f. site area)
R2 (Residential, one unit/2,178 s.f. site area)
ATTACHMENT 7
City Council Resolution No. 26-72 Approving General
Plan Amendment (GPA) 2026-03
RESOLUTION NO. 26-72

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA DETERMINING

THE PROJECT IS EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 21080.085

OF THE CALIFORNIA PUBLIC RESOURCES CODE AND APPROVING GENERAL PLAN AMENDMENT (GPA) 2026-03, AMENDING THE GENERAL PLAN LAND

USE MAP, TO CHANGE THE LAND USE DESIGNATIONS FOR THREE AREAS OF

THE CITY TO THE HIGH DENSITY RESIDENTIAL DESIGNATION AS DESCRIBED IN THE CITY OF MADERA'S 2024-2032 6TH CYCLE HOUSING ELEMENT WHEREAS, the General Plan Housing Element serves as the State-mandated housing plan for a local jurisdiction and must identify adequate sites, policies, and programs to facilitate housing production across all income levels; and
WHEREAS, the California Government Code§ 65588 establishes a revision cycle requiring a housing element to be updated every eight years; and
WHEREAS, the City of Madera 6th Cycle Housing Element (Housing Element), adopted on February 2, 2026 ( City Council Resolution 26-02), includes goals, policies and programs which aim to encourage the development of a variety of housing opportunities and provide adequate sites to meet the Regional Housing Needs Allocation (RHNA) during the planning period (2024-2032); and
WHEREAS, the Housing Element includes Program A-1, which states the City will rezone three areas of the City (Rezone Areas) to provide adequate zoning capacity and development opportunities to address Affirmatively Furthering Fair Housing (AFFH) goals and improve access for a diverse array of housing opportunities for all residents of Madera, including protected class and across all income levels, to fully accommodate its RHNA and housing need; and.

WHEREAS, the Rezone Areas are identified within the comprehensive inventory of vacant and non-vacant opportunity sites intended to accommodate the City's RHNA as illustrated in the Appendix A: Sites Inventory Map and the Appendix B: RHNA Sites Inventory to the Housing Element; and
WHEREAS, General Plan Amendment (GPA) No. 2026-03 proposes to amend the General Plan Land Use Map to change the planned land use designation to increase densities for the Rezone Areas to High Density Residential (15.1-50 dwelling units per acre) in accordance with Policy LU-32 and Table LU-A: General Plan/Zoning Consistency of the General Plan to facilitate rezoning of the Rezone Areas to the R3 (Residential, one unit for each 871 square feet of site area) zone district pursuant to Program A-1 of the Housing Element; and WHEREAS, a preliminary environmental assessment was performed, and the Project was found to be exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to Section 21080.085 of the California Public Resources Code; and WHEREAS, pursuant the California Government Code, the Planning Commission (Commission) has made a recommendation on the proposed adoption or amendment of a general plan and sent its recommendation (Resolution) to the legislative body; and WHEREAS, pursuant to City Municipal Code, a public hearing (for General Plan and Zoning . Map amendments) shall be held before the City Council of the City of Madera (Council) and after the conclusion of the public hearing, the Council is authorized to approve, alter, or deny the amendment or any part thereof; and
WHEREAS, the City provided notice of the Council hearing as required by law for the hearing of May 20, 2026; and
WHEREAS, the Council received and independently reviewed GPA 2026-03 at the duly noticed meeting on May 20, 2026; and
WHEREAS, at the May 20, 2026 public hearing, the public was provided an opportunity to comment, and evidence, both written and oral, was considered by the Council; and WHEREAS, after due consideration of all the items before it, the Council now desires to adopt this Resolution determining the project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 21080.085 of the California Public Resources Code and approving General Plan Amendment (GPA) 2026-03 to increase densities to facilitate and implement the programs, scheduled actions, and zone changes as described in the City of Madera's adopted 2024-2032 6th Cycle Housing Element Update.

NOW THEREFORE, be it resolved by the City Council of the City of Madera as follows:

1. Recitals: The above recitals are true and correct and are incorporated herein.

2. CEQA: The City Council determines General Plan Amendment (GPA) 2026-03 and Rezone (REZ) 2026-01 (collectively, the Project) are exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 21080.085 of the California Public Resources Code because CEQA does not apply to a rezoning that implements the schedule of actions contained in an approved housing element pursuant to subdivision (c) of Section 65583 of the Government Code.

General Plan Amendment (GPA) 2026-03 is required to facilitate zone changes in accordance with Rezone (REZ) 2026-01 to implement the schedule of actions identified in Program A-1 of the City of Madera 2024-2032 Housing Element as required by State law.

3. Approval of GPA 2026-03: Based on the testimony, information and evidence in the record, the City Council hereby finds that the proposed amendment to the City of Madera General Plan is hereby found consistent with the intent and purpose of the Madera General Plan.

Among others, the goals, policies, and implements the programs, of the General Plan Housing Element which aim to encourage the development of a variety of housing opportunities and provide adequate sites to meet the Regional Housing

4. Needs Allocation (RHNA) during the planning period (2024-2032). GPA 2026-03 facilitates the provision of adequate zoning capacity and development opportunities to address Affirmatively Furthering Fair Housing (AFFH) goals and improve access for a diverse array of housing opportunities for all residents of Madera, including protected classes and across all income levels, to fully accommodate the City RHNA and housing need
Additionally, The City Council finds the amendment prescribes reasonable controls and standards for affected land uses to ensure compatibility and integrity of those uses with other established uses. The Housing Element is one of eight mandatory elements of a General Plan and is required by California State Law to be updated every eight years. On February 5, 2025, the City Council adopted Ordinance No. 1014 C.S. which was initiated during the 6th Cycle Housing Element update with the intention of modifying the Zoning Regulations of the City Municipal Code to demonstrate compliance with State-mandated requirements related to housing and to minimize constraints for a variety of housing options, especially housing for special needs groups. The Zoning Regulations contain permissibility and property development standards (or controls) to ensure compatibility and integrity of new uses with other established uses.

Finally, the City Council finds that approval of General Plan Amendment 2026-03 is not detrimental, is in the best interest of the City and provides for the protection of the general public health, safety, and/or welfare of the community. Future development at a density and intensity consistent with the proposed changes to the General Plan Land Use Map and subsequent development in accordance with the standards of the Zoning Regulations and California Building Codes will protect for the public health, safety and/or welfare of the community. GPA 2026-03 facilitates the provision of adequate zoning capacity and development opportunities to address Affirmatively Furthering Fair Housing (AFFH) goals and improve access for a diverse array of housing opportunities for all residents of Madera, including protected classes and across all income levels, to fully accommodate the City RHNA. These goals are specifically intended to ensure adequate housing to meet the needs of all existing and future city residents as well as for the general welfare of the community.

As such, the City Council hereby approves the amendment of the City of Madera General Plan Land Use Map by amending the General Plan land use designation for the Rezone Areas to the High Density Residential (15.1-50 dwelling units per acre) land use designation for approximately ±123.4 acres of property as specified in attached Exhibit "A," which is incorporated by reference.

Effective Date: This resolution is effective immediately. * * * * *
PASSED AND ADOPTED by the City Council of the City of Madera on this 20th day of May 2026 by the following vote:

AYES: Mayor Gallegos and Councilmembers Zacharia, Rodriguez, Montes, Evans, Mejia and Villegas.

NOES: None.

ABSTENTIONS: None.

ABSENT: None.

CECELIA K. GALLEGOS, M
APPROVED:
~fil~~O~o~
FROM (EXISTING): TO (PROPOSED): Exhibit A.1 Sharon Blvd. Clark St. Adell St. Ellis St.

Owens St. Country Club Blvd. Sherwood Way & Northern Rezone Areas Sharon Blvd. Adell St. Clark St.

Country Club Blvd. Owens St. Ellis St. Sherwood Way & Northern Rezone Areas Sherwood Way Sherwood Way
FROM (EXISTING):

GPA2026-03
TO (PROPOSED):

GPA2026-03
Exhibit A.2
Commercial
High Dens~y Residenlial
Law Density Residential
Medium Density Residenlial
Office
Public Facility
Legend
Commercial
High Density Residential
Low Density Residential
Public Facility
ATTACHMENT 8
City Council Ordinance Approving Rezone (REZ)
2026-01; including,
Exhibit “A”: REZ 2026-01 Existing and Proposed Official Zoning Maps ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA
APPROVING REZONE (REZ) 2026-01 AND AMENDING THE OFFICIAL CITY

OF MADERA ZONING MAP TO REZONE THREE AREAS OF THE CITY TO THE R-3 (RESIDENTIAL, ONE UNIT FOR EACH 871 SQUARE FEET OF SITE AREA) ZONE DISTRICT AS DESCRIBED IN THE CITY OF MADERA’S 2024-2032 6TH CYCLE HOUSING ELEMENT.

WHEREAS, the General Plan Housing Element serves as the State-mandated housing plan for a local jurisdiction and must identify adequate sites, policies, and programs to facilitate housing production across all income levels; and
WHEREAS, the California Government Code § 65588 establishes a revision cycle requiring a housing element to be updated every eight years; and
WHEREAS, the City of Madera 6th Cycle Housing Element (Housing Element), adopted on February 2, 2026 (City Council Resolution 26-02), includes goals, policies and programs which aim to encourage the development of a variety of housing opportunities and provide adequate sites to meet the Regional Housing Needs Allocation (RHNA) during the planning period (2024-2032); and
WHEREAS, the Housing Element includes Program A-1, which states the City will rezone three areas of the City (Rezone Areas) to provide adequate zoning capacity and development opportunities to address Affirmatively Furthering Fair Housing (AFFH) goals and improve access for a diverse array of housing opportunities for all residents of Madera, including protected class and across all income levels, to fully accommodate its RHNA and housing need; and.

WHEREAS, the Rezone Areas are identified within the comprehensive inventory of vacant and non-vacant opportunity sites intended to accommodate the City’s RHNA as illustrated in the Appendix A: Sites Inventory Map and the Appendix B: RHNA Sites Inventory to the Housing Element; and
WHEREAS, Rezone (REZ) No. 2026-01 proposes to amend the Official Zoning Map to rezone the Rezone Areas to R-3 (Residential, one unit for each 871 square feet of site area) zone district pursuant to Program A-1 of the Housing Element; and WHEREAS, a preliminary environmental assessment was performed, and the Project was found to be exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 21080.085 of the California Public Resources Code; and WHEREAS, pursuant the California Government Code, the Planning Commission (Commission) has made a recommendation on the proposed adoption or amendment of a general plan and sent its recommendation (Resolution) to the legislative body; and WHEREAS, pursuant to City Municipal Code, a public hearing (for General Plan and Zoning Map amendments) shall be held before the City Council of the City of Madera (Council) and after the conclusion of the public hearing, the Council is authorized to approve, alter, or deny the amendment or any part thereof; and
WHEREAS, the City provided notice of the Council hearing as required by law for the hearing of May 20, 2026; and
WHEREAS, the Council received and independently reviewed GPA 2026-03 at the duly noticed meeting on May 20, 2026; and
WHEREAS, at the May 20, 2026 public hearing, the public was provided an opportunity to comment, and evidence, both written and oral, was considered by the Council; and WHEREAS, after due consideration of all the items before it, the Council now desires to adopt this Resolution determining the project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 21080.085 of the California Public Resources Code and approving General Plan Amendment (GPA) 2026-03 to increase densities to facilitate and implement the programs, scheduled actions, and zone changes as described in the City of Madera’s adopted 2024-2032 6th Cycle Housing Element Update.

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 Determination. This project has been previously assessed. On May 20, 2026, the Council adopted a Resolution of the City Council of the City of Madera adopted a Resolution of the City Council of the City of Madera determining General Plan Amendment (GPA) 2026-03 and Rezone (REZ) 2026-01 (collectively, the Project) is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 21080.085 of the California Public Resources Code and approving General Plan Amendment (GPA) 2026-03, amending the General Plan Land Use Map, to change the land use designations for three areas of the City to the High Density Residential designation for purposes of facilitating approval of Rezone (REZ) 2026-01 to provide adequate zoning capacity to meet the City RHNA and as described in the City of Madera’s 2024-2032 6th Cycle Housing Element
a. No substantial changes are proposed in the project which will require major revisions of the previous assessment leading to the determination of exemption due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified potential significant effects. In this case, the City Council determined the project is exempt almost immediately prior to the adoption of this Ordinance. REZ 2026-01 is consistent with the same density, intensity, and use, and is exactly as contemplated by the collective Project. REZ 2026-01 is exactly consistent with the determination of exemption pursuant to Section 21080.085 of the California Public Resources Code and is specifically contemplated by it. CEQA does not apply to a rezoning that implements the schedule of actions contained in an approved housing element pursuant to subdivision (c) of Section 65583 of the Government Code. b. No substantial changes have occurred with respect to the circumstances under which the project is being undertaken, which will require major revisions of the previous environmental assessment due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In this case, REZ 2026-01 is exactly consistent with the determination of exemption pursuant to Section 21080.085 of the California Public Resources Code and is specifically contemplated by it. CEQA does not apply to a rezoning that implements the schedule of actions contained in an approved housing element pursuant to subdivision (c) of Section 65583 of the Government Code.

Additionally, approval of REZ 2026-01 is contingent upon the approval of the General Plan Amendment (GPA) 2026-03 approved by the City Council as part of the determination of exemption. The Rezone Areas will be zoned and will be used for high density residential uses as originally contemplated and there are no new substantial changes in the physical environment that were not anticipated in the previous assessment, including its analysis in light of the rezone contemplated.
c. There is no new information, which was not known and could not have been known at the time of the previous determination that the project is exempt from the provision of CEQA pursuant to Section 21080.085 of the California Public Resources Code was made and therefore, REZ 2022-09 was specifically contemplated by the determination of exemption. Furthermore, since there are no significant effects associated with the Project, the considerations set forth in CEQA Guidelines § 15162(a)(3)(C) and (D), related to the adequacy and feasibility of previously adopted mitigation measures, are not applicable.

Based upon these findings, the City Council determines that this project has already been environmentally assessed, and no further environmental documentation is required for REZ 2026-01.

SECTION 3. Approval of REZ 2026-01. The Council hereby approves REZ 2026-01 and hereby amends the City of Madera Zoning Map, as provided for in Chapter 3 of Title X of the City Municipal Code, as illustrated in the hereto attached Exhibit “A,” which indicates the segments of the City of Madera Zoning Map to be amended.

SECTION 4. Severability. 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 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, phrases, or portions thereof may be declared invalid or unconstitutional.

SECTION 5. 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.

SECTION 6. 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. * * * * *
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Madera on the 20th day of May, 2026, and was passed and adopted at a regular meeting of the City Council on the 17th day of June, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________________
Hon. Cecelia Gallegos, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________________ ___________________________________ Alicia Gonzales, City Clerk Shannon Chaffin, City Attorney Exhibit “A” REZ 2026-01 Existing and Proposed Official Zoning Maps Exhibit “A”
REZ 2026-01 Existing and Proposed Official Zoning Maps
Exhibit A.1 Sherwood Way & Northern Rezone Areas
Sharon Blvd. Clark St. Adell St.

Country Club Blvd. Owens St. Sherwood Way Ellis St. Sherwood Way & Northern Rezone Areas Sharon Blvd. Clark St. Adell St.

Country Club Blvd. Owens St. Ellis St. Sherwood Way
FROM (EXISTING): TO (PROPOSED): Exhibit A.2
REZ 2026-01
REZ 2026-01
Legend
# C1 (Light Commercial)
# C2 (Heavy Commercial)
# HC (Highway Commercial)
0 I (Industrial
0 PD {Planned Development)
# PF (Public Facilities)
# PO (Professional Office)
0 R1 (Residential, one unit/6,000 s.f. site area)
0 R2 (Residential, one unit/2, 178 s.f. site area)
C1 (Light Commercial)
C2 (Heavy Commercial)
HC (Highway Commercial)
I {Industrial
PD {Planned Development)
PF (Public Facilities)
PO (Professional Office)
R1 (Residential, one unit/6,000 s.f. site area)
R2 (Residential, one unit/2,178 s.f. site area)

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

License plate reader camera donation from the Community Correction Partnership RECOMMENDATION:

Adopt a Resolution accepting a donation of 45 Motorola Vigilant license plate reader cameras SUMMARY:

On May 12, 2026, the County of Madera (County) approved the City’s request to allocate funds from the Community Corrections Partnership’s (CCP) budget to fund the purchase of 45 Vigilant License Plate Readers (LPRs) to enhance the Police Department’s (MPD) operational capabilities.

For the Police Department to begin using these LPRs, Council approval is needed to accept the donation of the LPRs from the CCP.

DISCUSSION:

Per Administrative Policy 27 of the City, donations offered to City departments must be formally accepted by the City Council priorto the donation being received, expended, or otherwise utilized by the receiving department. Council acceptance ensures transparency, provides public acknowledgment of the donor’s contribution, and authorizes the City to receive and use the donated funds or property for their intended purpose. Approval of this item will allow the Police Department to accept and utilize the donation in support of its operations and programs.

Signed into law in 2011, Assembly Bill 109 (AB 109) shifted the responsibility of monitoring lowlevel offenders from the state prisons to local jurisdictions. The primary objective of the law was to reduce overcrowding in state prisons. To support this shift, the State reallocated public safety funding to county CCP and local programs to assist with the increased supervision and enforcement responsibilities.

Council Meeting of: June 17, 2026
Agenda Number: B-17
Return to Agenda
As part of our regional public safety and technology initiatives, LPR cameras have provided immense benefits in solving and preventing crimes within the city. MPD currently operates a modest network of 16 LPR cameras. While highly effective, expanding this network has historically been restricted by the significant upfront capital required for hardware procurement and specialized installation.

The primary challenge in deploying new LPR technology is funding the initial acquisition and infrastructure setup. The CCP has agreed to fund the comprehensive purchase and installation of 45 new LPR cameras, representing a substantial expansion that would be difficult to achieve under current municipal budget constraints.

Expanding the city’s LPR footprint will dramatically increase MPD’s ability to investigate, locate, and solve violent and property crimes rapidly. Locally and statewide, LPR technology has proven instrumental in successfully resolving high-stakes investigations, including kidnappings, homicides, drive-by shootings, violent assaults, commercial and residential burglaries, and stolen vehicle recoveries. Deploying these 45 additional cameras will allow the department to establish a more robust digital perimeter, directly supporting the realignment goals of enhanced local monitoring and community safety.

FINANCIAL IMPACT:

The total initial investment for the procurement and installation of the 45 LPR cameras is valued at $500,000, which will be fully funded as a one-time allocation by the CCP. There is no upfront capital outlay from the City’s General Fund.

The donation fully covers all equipment, installation, and the annual data subscription fees for the first five years of operation, resulting in zero fiscal impact to the City during the initial period.

Following the fifth year, MPD will assume responsibility for the annual software and data subscription fees, which are currently set at $475 per camera for an annual total of $21,375.

These recurring operational costs will be integrated into the department’s standard budget requests and captured during the regular budget process for future fiscal years. Should MPD find itself unable to fund the subscription after the initial five-year term, the city faces no penalty or ongoing financial obligation.

ALTERNATIVES:

The Council may deny the donation from CCP, and request staff find an alternative funding source.

ATTACHMENTS:

1. Resolution accepting the donation from CCP
RESOLUTION NO. 26-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
ACCEPTING A DONATION OF 45 MOTOROLA VIGILANT LICENSE PLATE

READER CAMERAS FROM THE COMMUNITY CORRECTIONS PARTNERSHIP WHEREAS, On December 3, 2013, the City of Madera (City) and the County of Madera (County) entered an agreement related to Assembly Bill 109; and WHEREAS, the City of Madera (City) requires the City Council to formally accept donations greater than $1,000; and
WHEREAS, the City believes the donation will positively impact community partnerships and related law enforcement efforts; and
WHEREAS, the City believes the additional LPR cameras will continue to enhance operational effectiveness and increase public safety; and WHEREAS, the City wishes to accept the donation and include the LPR’s into its existing LPR infrastructure; and
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 donation provided by the Community Corrections Partnership is accepted.

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

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Harpiar Gandhi, Public Works Ops Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Valley Water Collaborative Voluntary Contribution Agreement RECOMMENDATION:

Adopt a Resolution approving entering the Valley Water Collaborative Voluntary Contribution Agreement
SUMMARY:

In 2018, the Central Valley Regional Water Quality Control Board adopted amendments to the Water Quality Control Plans that established a Nitrate Control Program applicable to all discharges of nitrate to groundwater basins in the Central Valley. In December 2023, the Central Valley Water Board issued a Notice to Comply to dischargers in the Madera basin, requiring selection of one of two compliance pathways under the Nitrate Control Program.

At its meeting on May 21, 2025, the City Council unanimously selected Pathway B, which allows permit holders to collectively comply through participation in an approved Management Zone.

To fully implement Pathway B, the City must enter into a voluntary contribution agreement with the Valley Water Collaborative (VWC). The annual contribution for calendar year 2025 is $22,779; the contribution amount for Fiscal Year 2025/26 is $5,000 and is not a fixed annual amount.

Future annual contributions may increase or decrease based on program needs and basin-wide allocation factors.

Following the City Council's selection of Pathway B, the agreement was intended to be returned to Council for formal authorization prior to execution. In an effort to avoid delays in implementing the City's participation in Pathway B, staff proceeded with agreement execution ahead of Council action. The agreement reflects an effective date of April 23, 2025, coinciding with the date of staff's signature. The Valley Water Collaborative Board Chair subsequently executed the agreement on June 11, 2025, completing mutual execution of the document.

Council Meeting: June 17, 2026
Agenda Number: _____ B-18
Return to Agenda
Staff has reviewed the Valley Water Collaborative Voluntary Contribution Agreement in its entirety. While there are some concerns about some terms, no modifications to the agreement are recommended as the Valley Water Collaborative is unwilling to agree to the modifications to its standard form. That being said, the terms of the agreement are consistent with Council's prior direction and align with the overall goals established under Pathway B.

Staff respectfully request that the City Council ratify the agreement as executed, affirming the City’s commitments set forth in the agreement and formalizing the Council’s authorization in accordance with standard City procedures.

DISCUSSION:

On May 31, 2018, the Central Valley Water Board adopted amendments incorporating a Central Valley-wide Salt and Nitrate Control Program. These amendments were approved by the State Water Resources Control Board on October 16, 2019, and by the Office of Administrative Law on January 15, 2020, becoming effective on or about that date. The Nitrate Control Program applies to all nitrate discharges to groundwater basins designated with municipal and domestic supply beneficial uses. The Nitrate Control Program has three primary goals:

1. Provide safe drinking water when nitrate exceeds drinking water standards;

2. Reduce nitrate impacts to water supplies; and

3. Restore groundwater quality where reasonable, feasible, and practical.

The Madera groundwater basin is designated as a Priority 2 basin. In December 2023, the Central Valley Water Board issued a Notice to Comply to dischargers in the basin, triggering the requirement to select one of two compliance pathways.

Compliance Pathways
Pathway “A” requires that a permit holder individually prepare a report for the Regional Water Board describing their current wastewater treatment facility and processes that prevent its discharges from causing or contributing to groundwater contamination by nitrate. Pathway A entities also need to identify private domestic wells encompassed by the zone of impact for the facility discharges. If those wells exceed the nitrate discharge limit, the entity must provide bottled water in the short term and eventually, a plan describing long term solutions for household drinking water supplies. This pathway would require significant technical, administrative, and financial resources.

Pathway “B” allows a permit holder to work collectively as part of a Management Zone wherein the Zone addresses all requirements to comply with the Nitrate Control Program for permit holders. A Management Zone is defined as:
“[a] discrete and generally hydrologically contiguous area for which permitted discharger(s) participating in the Management Zone collectively work to meet the goals of the SNMP and for which regulatory compliance is evaluated based on the permittees collective impact, including any alternative compliance programs, on a defined portion of the aquifer. Where Management Zones cross groundwater basin or sub-basin boundaries, regulatory compliance is assessed separately for each basin or sub-basin. Management Zones must be approved by the Central Valley Water Board.”
Central to complying with Pathway B is entering a voluntary contribution agreement with Valley Water Collaborative (VWC). The VWC is a nonprofit public benefit corporation created to maintain and improve the quality of life within the Modesto, Turlock, Delta-Mendota, Eastern San Joaquin, Merced, Yolo, and Madera groundwater basins/subbasins (collectively referred to hereafter as the Region) located within the Central Valley by providing groundwater testing and free drinking water to residents in the Region who are impacted by nitrate contamination. The VWC also seeks to improve quality of life in the Region by identifying long-term drinking water needs for those in the Region that are impacted by nitrate contamination.

Notably, the Central Valley Water Board, at its sole discretion, may determine that permittees voluntarily contribute to the VWC’s efforts to improve quality of life in the Region otherwise satisfies a permittees responsibilities and obligations under Pathway B of the Nitrate Control Program.

At the May 21, 2025 City Council meeting, the Executive Director of VWC presented alongside City staff regarding compliance obligations and program structure. Following discussion, the City Council unanimously selected Pathway B.

Financial Structure
The annual contribution represents the City’s fractional share of the Valley Water Collaborative (VWC) budget for a given program year. VWC administers seven groundwater basins and management zones, each with a separate operating budget, including the Madera basin. Certain costs are allocated evenly across all seven basins, such as accounting, payroll services, insurance, database subscription fees, and office supplies. Other costs, including staff salaries and payroll taxes, are allocated proportionally among the basins. Where feasible, expenses are further allocated based on basin-specific activities, such as database labor, groundwater well sampling, and bottled water delivery.

For the applicable program year, the total budget for the Madera basin was determined to be $212,171.89. That amount was then allocated across five industry sectors within the basin:

1. Irrigated Agriculture

2. Dairy

3. Municipality

4. Poultry, and

5. Wine/Food Processing/Other
The City falls within the Municipal sector, which represents approximately 17.5 percent of the total basin budget, or $37,130.08. Because other municipal dischargers also operate within the Madera basin, including Madera County, Fresno County, and Tesoro Viejo Master Mutual Water Company, the City’s proportional share is further reduced to $22,778.95.

In future years, the City’s annual contribution will vary based on several factors, including the number of wells tested within the basin, the quantity of bottled water distributed, and percentage adjustments among the five industry sectors. The contribution amount after the initial year is anticipated to decrease due to reduced startup costs, fewer initial notices, and improved data regarding discharge quantities among participating dischargers. Staff anticipates the subsequent fiscal year’s allocation to be approximately $5,000. Notwithstanding these expectations, annual contribution amounts will continue to fluctuate based on various factors including program needs and basin-wide conditions.

FINANCIAL IMPACT:

Appropriations are included in the FY 2025/26 budget for an annual contribution from the Sewer Fund. Approval of this agreement will have no impact on the General Fund.

ALTERNATIVES:

The City Council may reconsider the proposed agreement and direct staff to pursue compliance under Pathway A. Staff notes that Pathway A is expected to result in higher costs than Pathway B, and approval to participate would be subject to review and determination by the Central Valley Water Board.

ATTACHMENTS:

1. Resolution
a. Exhibit 1: Valley Water Collaborative Voluntary Contribution Agreement to Support Efforts Related to Well Testing, Replacement Water and Groundwater Improvements in the Modesto, Turlock, Delta-Mendota, Eastern San Joaquin, Merced, Yolo and Madera Groundwater Basin/Sub-Basin as Identified in the Water Quality Control Plan for the Sacramento and San Joaquin River Basins RESOLUTION NO. _______

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

CALIFORNIA, APPROVING ENTERING THE VALLEY WATER

COLLABORATIVE VOLUNTARY CONTRIBUTION AGREEMENT
WHEREAS, in 2018 the Central Valley Regional Water Quality Control Board adopted amendments to the Water Quality Control Plans establishing a Central Valley-wide Salt and Nitrate Control Program applicable to discharges of nitrate to groundwater basins; and WHEREAS, the Nitrate Control Program requires dischargers to comply through one of two regulatory pathways, commonly referred to as Pathway A or Pathway B; and WHEREAS, in December 2023, the Central Valley Regional Water Quality Control Board issued a Notice to Comply to dischargers within the Madera groundwater basin, triggering the requirement to select a compliance pathway; and
WHEREAS, at its meeting on May 21, 2025, the City Council of the City of Madera unanimously elected to comply with the Nitrate Control Program through Pathway B; and WHEREAS, Pathway B allows permit holders to comply collectively through participation in an approved Management Zone, including voluntary contributions to support groundwater testing, replacement drinking water, and long-term groundwater quality improvements; and WHEREAS, the Valley Water Collaborative is a nonprofit public benefit corporation established to administer groundwater testing, replacement water delivery, and long-term planning efforts within the Madera groundwater basin and other Central Valley basins; and WHEREAS, entry into a Voluntary Contribution Agreement with the Valley Water Collaborative is necessary to fully implement compliance under Pathway B; and WHEREAS, staff has conducted due diligence including coordination with other participating agencies and discussions with the Valley Water Collaborative; and WHEREAS, staff executed the Valley Water Collaborative Voluntary Contribution Agreement on April 23, 2025, in advance of formal Council authorization, and the City Council now wishes to ratify the agreement as executed, consistent with Council’s prior selection of Pathway B; and
WHEREAS, funding for the annual voluntary contribution is included in the adopted budget and will be paid from the Sewer Fund.

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

1. The above recitals are true and correct.

2. The City Council approves the Valley Water Collaborative Voluntary Contribution Agreement to Support Efforts Related to Well Testing, Replacement Water and Groundwater Improvements in the Modesto, Turlock, Delta-Mendota, Eastern San Joaquin, Merced, Yolo and Madera Groundwater Basin/Sub-Basin as Identified in the Water Quality Control Plan for the Sacramento and San Joaquin River Basins, attached as Exhibit 1 and incorporated herein.

3. The City Manager, or designee, is authorized to issue a purchase order and take all actions necessary to remit the City’s annual voluntary contribution in accordance with the agreement.

4. The resolution is effective immediately upon adoption. * * * * * * * *
[Signatures continue the following page. City Clerk will insert signature page] [Insert] Exhibit 1: Valley Water Collaborative Voluntary Contribution Agreement to Support Efforts Related to Well Testing, Replacement Water and Groundwater Improvements in the Modesto, Turlock, Delta-Mendota, Eastern San Joaquin, Merced, Yolo and Madera Groundwater Basin/Sub-Basin as Identified in the Water Quality Control Plan for the Sacramento and San Joaquin River Basins

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Consider an Amendment to the Professional Services Agreement with Fire Safety Solutions.

RECOMMENDATION:

Adopt a resolution of the Council of the City of Madera approving a Fifth Amendment to the Professional Services Agreement with Fire Safety Solutions, Inc. for Building and Fire Plan Review and Inspection Services
SUMMARY:

The City of Madera (City) and Fire Safety Solutions, Inc. (formerly Fire Safety Solutions, LLC) (Consultant) are parties to an effective Professional Services Agreement (Agreement) approved by the Madera City Council on February 20, 2008, through passage of Madera City Council Resolution No. 08-38.

The Fourth Amendment is set to expire on July 1, 2026. The City and Consultant desire to enter into this Fifth Amendment in order continue meeting customer and industry expectations and timeliness for delivery of Building Department plan review and inspection services.

Building Department staff have prepared the Fifth Amendment to the Professional Services Agreement by and between the City of Madera and Fire Safety Solutions (Fifth Amendment), included as Exhibit A to the Resolution attached to this report, in order to set forth and approve amendments to include a proposed term/expiration date of January 1, 2027, for the Agreement.

BACKGROUND:

The original Agreement did not include a sunset clause or length of term relative to an expiration date, number of effective years, or not-to-exceed compensation limitation. Therefore, the First Amendment included a proposed term/expiration date of January 1, 2025, for the Agreement.

Council Meeting of: June 17, 2026
Agenda Number: __B-19 ____
Return to Agenda
The Second Amendment included a proposed term/expiration date of July 1, 2025, for the Agreement. The Third Amendment included a proposed term/expiration date of January 1, 2026, for the Agreement. The Fourth Amendment includes a proposed term/expiration date of July 1, 2026, for the Agreement. Now, the Fifth Amendment includes a proposed term/expiration date of January 1, 2027, for the Agreement.

Section 6.7 of the Agreement allows City and Fire Safety Solutions to effectuate modifications or amendments to the Original Professional Services Agreement only by a subsequent written agreement signed by both parties. Staff have negotiated the revised terms presented in the Fifth Amendment, to which staff understand the Consultant is agreeable.

Workload volumes and staff resources require supplemental contracted consultant services in order to meet customer and industry expectations and timeliness for delivery of Building Department plan review and inspection services. Fire Safety Solutions has performed its duties and scope of services in an exemplary manner and has invested time and effort in building a positive reputation and rapport with the City of Madera’s customers. Staff recommends the Council approve the proposed Fifth Amendment in accordance with the terms and spirit of the provisions of the original agreement. Such approval will help the City ensure Building Department services may continue to be provided in a qualitative manner for its customers.

FINANCIAL IMPACT:

There is no fiscal impact associated with the recommended action. Utilization of professional contracted services has been anticipated and budgeted by the Building Department in the proposed City of Madera 2026/27 Fiscal Year budget.

ALTERNATIVES:

The Council may propose any such alternative terms or provisions in its motion; or, may elect to continue the item (to a future time and date certain) and/or refer the item back to staff, with further direction or requests for additional information, negotiations, or amendments.

ATTACHMENTS:

1. Resolution approving a Fifth Amendment to the Professional Services Agreement with Fire Safety Solutions, Inc. for Building and Fire Plan Review and Inspection Service; including:

Exhibit A: Fifth Amendment to the Professional Services Agreement by and between City of Madera and Fire Safety Solutions
ATTACHMENT 1
Resolution Approving a Fifth Amendment to the Professional Services Agreement with Fire Safety Solutions, Inc. for Building and Fire Plan Review and Inspection Service
Including:

Exhibit A: Fifth Amendment to the Professional Services Agreement by and between City of Madera and Fire Safety Solutions RESOLUTION NO. ______

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

APPROVING A FIFTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH FIRE SAFETY SOLUTIONS, INC. FOR BUILDING AND FIRE PLAN REVIEW AND INSPECTION SERVICES.

WHEREAS, the City of Madera is committed to protecting public health, safety, welfare and environment, and as such, desires to provide professional fire and building plan review and inspection services; and
WHEREAS, existing staff persons are not available to provide the full range of services necessary to perform all duties related to professional fire and building plan review and inspection services; and
WHEREAS, the City of Madera (the “City”) and Fire Safety Solutions, Inc. (formerly Fire Safety Solutions, LLC). (the “Consultant”) are parties to that certain Professional Services Agreement, approved by the Madera City Council on February 20, 2008, through passage of Madera City Council Resolution No. 08-38, and subsequently executed (the “Professional Services Agreement”); and
WHEREAS, the provisions of the Professional Services Agreement allow City and the Consultant to effectuate modifications or amendments to the Professional Services Agreement only by a subsequent written agreement signed by both parties; and WHEREAS, the City and Consultant desire to enter into a Fifth Amendment to the Professional Services Agreement (the “Fifth Amendment”) in order to set forth and approve amendments to include a proposed term/expiration date of January 1, 2027, for the Agreement; and
WHEREAS, approval of the Fifth Amendment to the Professional Services Agreement by and between the City and Consultant would continue to ensure City availability to sufficient resources to continue to provide for these services; and WHEREAS, sufficient monies exist within budgeted Contracted Services funds reserved for use by the Building Department.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Madera as follows:

1. The above recitals are true and correct.

2. The City Council approves the attached Fifth Amendment to the Professional Services Agreement by and between the City of Madera and Fire Safety Solutions Inc., to perform professional fire and building plan review and inspection services(Exhibit “A”) and authorizes the Mayor to execute the same.

3. This Resolution is effective immediately upon adoption. * * * * *
Attachments:

Exhibit “A”: Fifth Amendment to the Professional Services Agreement by and between the City of Madera and Fire Safety Solutions, Inc.

EXHIBIT A

FIFTH AMENDMENT

TO THE PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN CITY OF MADERA AND FIRE SAFETY SOLUTIONS
This Fifth Amendment to the Professional Services Agreement by and between the City of Madera and Fire Safety Solutions, LLC (the “Fifth Amendment”) is entered into by and between the CITY OF MADERA, a municipal corporation, organized and existing pursuant to the laws of the State of California and the City of Madera (the “City” or “Agency”), on the one hand, and FIRE SAFETY SOLUTIONS, INC. (formerly Fire Safety Solutions, LLC) on the other hand and hereinafter referred to as the “Consultant”.

This Fifth Amendment shall become effective upon the final signature date of execution by both parties (the “Fifth Amendment Date”). The City and Consultant enter into this Fifth Amendment with reference to the following facts:

R E C I T A L S
A. City and Consultant are parties to that certain Professional Services Agreement, dated as of February 20, 2008, that was passed, adopted, and recorded in the Official Records of City of Madera, on February 20, 2008, as Resolution No. 08-38 (the “Original Professional Services Agreement”).

B. Section 6.7 of the Professional Services Agreement allows City and the Consultant to effectuate modifications or amendments to the Original Professional Services Agreement only by a subsequent written agreement signed by both parties.

C. The parties subsequently entered into a Fourth Amendment, and the Original Professional Services Agreement as amended is set to expire on July 1, 2026.

D. City and Consultant desire to enter into this Fifth Amendment in order to extend the term/expiration date of the Original Professional Services Agreement as amended.

NOW THEREFORE, with reference to the above Recitals, the City and Consultant agree as follows:

A G R E E M E N T

1. Recitals. Each and all of the foregoing recitals of background facts are incorporated herein by this reference as though set forth herein verbatim.

2. Term of Amended Professional Services Agreement. Section 4.2 (Term of Contract) is added to Article 4 (TERMINATION) of the Original Professional Services Agreement to read in its entirety as follows:

4.2 Term of Contract
If not previously terminated, the term of this Agreement shall automatically expire and terminate on January 1, 2027, unless extended in writing by mutual consent of the Parties.

3. Conflict. Except as expressly provided in this Fifth Amendment the remaining terms of the Original Professional Services Agreement as amended by the First Amendment and as amended by the Second Amendment and as amended by the Third Amendment and as amended by the Fourth Amendment shall remain in full force and effect.

9. Binding and Effective. This Fifth Amendment shall become binding and effective as of June 17, 2026.
[SIGNATURES ARE ON THE FOLLOWING PAGES]
IN WITNESS WHEREOF, the parties have executed this Fifth Amendment at Madera, California, on the day and year first above written.

CITY OF MADERA: FIRE SAFETY SOLUTIONS:

By: ____________________________ By: ____________________________ Cecelia K. Gallegos, Mayor Matthew S. Tarr, CEO
Date: ______________________ Date: ______________________ Number: ________________________
Federal Employer Identification
Attest:
___________________________
City Clerk
Approved as to Form:

___________________________
City Attorney

REPORT TO CITY COUNCIL
Approved by:

Keith Helmuth, Department Director
Arnoldo Rodriguez, City Manager
SUBJECT:

Lake and Sherwood Traffic Signal, City Project TS-35
RECOMMENDATION:

Adopt a Minute Order Approving:

1. Acceptance of Lake and Sherwood Traffic Signal, City Project TS-35

2. Recording of Notice of Completion

3. Release of retention 35 days after the recording of the Notice of Completion SUMMARY:

On November 20, 2024, the City Council awarded a contract to C3 Electric Inc. for Lake and Sherwood Traffic Signal, City Project TS-35 in the amount of $664,690.40. The Contractor has completed the Project in accordance with the plans and specifications and as modified by approved change orders.

BACKGROUND:

The work in general consisted of street improvements including a new traffic signal and equipment, street lighting, electrical system, detection loops, pedestrian facilities, concrete improvements, and asphalt concrete paving as shown on the Plans and required by the Specifications.

A final project inspection was conducted by City staff pursuant to the construction specifications.

All parties agree that the project can be recommended for acceptance by the Council and a “Notice of Completion” will be recorded.

Table 1 provides a summary of the total project contract costs.

Council Meeting of: June 17, 2026
Agenda Number: B-20
Return to Agenda
Table 1: Project Summary, including Change Orders
Description Total
Original Contract $664,690.40
Change Order #1 Additional aggregate base, survey re-staking $8,871.08 Change Order #2 Additional stamped concrete at access ramp $10,672.20 Change Order #3 Remove additional curb at access ramp $4,332.13 Total $688,565.81
FINANCIAL IMPACT:

There is no fiscal impact to the City’s General Fund. The funding for the project was programmed in the FY 2024/2025 Budget to receive Regional Surface Transportation Project (RSTP) Exchange Funds.

ALTERNATIVES:

As an alternative, the Council may reject the Project's Notice of Completion. Rejection of the Notice of Completion will result in staff’s inability to release retention funds and closing the Project
ATTACHMENTS:

1. Notice of Completion
Attachment 1
Notice of Completion

REPORT TO CITY COUNCIL
Approved by:

Joe Hebert, Department Director
Arnoldo Rodriguez, City Manager
SUBJECT:

Agreement with Madera Unified School District for Summer Camps 2026 RECOMMENDATION:

Adopt a Resolution approving an MOU with the Madera Unified School District (MUSD) for the Summer Camps 2026, not to exceed $46,222
SUMMARY:

Since 2017, the City has partnered with MUSD to provide enrichment activities through summer camps for students. MUSD has once again reached out to the City to continue this collaboration for summer camps in July 2026. The request is for two one-week camps to be facilitated and held at the John Wells Youth Center (JWYC) under the oversight of the City. The Summer camps would run from July 6, 2026, through July 17, 2026.

The program will provide youth participants with an academic camp program that integrates STEAM, physical, and artistic activities.

DISCUSSION:

The City and MUSD have partnered for several years to provide meaningful programs to youth during critical out-of-school summer hours. These programs provide students and families with a network of support.

As in past years, these programs will be extended to district students from 1 st to 6th grade for up
to 60 students each week.

The STEAM-focused camps intend to provide students with a well-rounded and enriching Council Meeting of: June 17, 2026
Agenda Number: B-21
Return to Agenda
experience. They will do so through hands-on learning, physical activity, and creative expression.

Students will develop new skills, build confidence, and make lasting memories in a supportive and inclusive environment.
▪ The first week of camp would start July 6, 2026, through July 10, 2026. ▪ The second week of camp would run from July 13, 2026, through July 17, 2026.

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

Camps will be broken up into three groups, with 20 students per group:
▪ First Grade to Second Grade
▪ Third Grade to Fourth Grade
▪ Fifth Grade to Sixth Grade
MUSD will provide the meals for the students, which will consist of breakfast and lunch. MUSD will also organize transportation, outreach, and enrollment. The City will be responsible for staffing.

FINANCIAL IMPACT:

The total value of the Agreement is not to exceed $46,222, reimbursable after the conclusion of the camps. The value of the agreement covers staffing costs, materials and includes an administrative fee.

With the summer camp taking place in July, these expenses and revenue generated from the Agreement will be budgeted in the Fiscal Year 2026/2027 in the Parks Grants Fund, #41096360.

Table 1: Madera Unified School District 2026 Summer Camp Budget Item Amount
Staffing – Program Leaders $25,912
Materials $7,000
Facility $7,800
25% Administrative Fee $5,510
Total $46,222
ALTERNATIVES:

As an alternative, the Council may elect not to enter into the Agreement with MUSD for the 2026 summer camp programming, thus not continuing the annual partnership.

Council may also elect to request additional information be brought forth at the next meeting to make a more informed decision. Staff would like to note that MUSD requires confirmation of approval of the Agreement to confirm the summer programming will proceed, and to begin to plan accordingly, which includes outreach and enrolling students. Any delay in providing confirmation may affect the City’s ability to enter into the Agreement altogether.

ATTACHMENTS:

1. Resolution Approving the MOU with the Madera Unified School District (MUSD) Summer Camps 2025, not to exceed $46,222

2. MOU Summer Camp 2026
ATTACHMENT 1
Resolution Approving the Consultant Services Agreement with the Madera Unified School District (MUSD) for the Expanded Learning Opportunities Program (ELOP) Summer Camps 2026, not to exceed $46,222
RESOLUTION NO. 25-

RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH

MADERA UNIFIED SCHOOL DISTRICT FOR THE EXPANDED LEARNING OPPORTUNITIES PROGRAM (ELOP) SUMMER CAMPS 2026, NOT TO
EXCEED $46,222
WHEREAS, since 2017, the City has entered into an annual Consultant Services Agreement with Madera Unified School District (MUSD) to provide summer enrichment camp programming; and
WHEREAS, MUSD would like to enter into a Memorandum of Understanding with the City for the Expanded Summer Camps 2026; and
WHEREAS, the 2026 summer camp programming will run from July 6 through July 17, 2026; and
WHEREAS, the program will take place at the John W. Wells Youth Center; and WHEREAS, the total value of the agreement is not to exceed $46,222 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 Memorandum of Understanding Between the City of Madera and the Madera Unified School District for Summer Camps 2026, attached hereto as Exhibit A, is approved in an amount not to exceed $46,222.

3. This Resolution is effective immediately upon adoption. * * * * * * * *
ATTACHMENT 2
MOU Summer Camp 2026
01425.0005 2152484.1

MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF MADERA AND THE MADERA UNIFIED SCHOOL DISTRICT "SUMMER CAMP 2026"
This Memorandum of Understanding (MOU) is made between the City of Madera, referred to as "City," and the Madera Unified School District, referred to as "MUSD," on this day of 2026.

This MOU is made with reference to the following recitals:

1. The parties desire for the City to host a Summer Camp for the summer of 2026 for MUSD student participants, with cost compensation being provided by MUSD, etc.

The parties desire to enter into this MOU to outline the roles and responsibilities of each.

NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements therein contained, the parties hereto mutually agree as follows:

I. TERM
The term of this MOU shall commence upon execution of this MOU by each agency authorizing entry into this MOU and shall continue until terminated by any party according to the termination provisions contained herein or one year whichever occurs first.

II. PRINCIPLES
City and MUSD shall comply with the requirements for the Summer Camp, which are further described in Exhibit A and incorporated herein.

Ill. REVISIONS, ADDENDUM
Revisions to the basic framework of this MOU shall be by mutual written agreement of the parties. Supplements to this MOU may be by numeric addendums executed by each party and attached to the original of this MOU.

IV. TERMINATION
This MOU is set to terminate at the completion of the Camp, as directed by City. Either party may terminate this MOU sooner, in writing to the other party, with 30-day notice. In 01425.0005 2152484.1
the event of termination, the parties shall consult prior to the date of termination to ensure termination occurs on the most equitable terms; however, such consultation shall not prohibit or restrict either party from exercising its right to terminate.

V. SETTLEMENT OF DISPUTES
In the event of a dispute, the parties shall informally attempt to resolve the matter at the staff level. In the event the dispute cannot be resolved at the staff level, the parties shall attempt to resolve the dispute with the addition of at least one, but not more than two, elected officials each from the City and MUSD involved as part of the discussion. If resolution cannot then be reached, the parties agree to mediation and arbitration as appropriate. The parties expressly waive the right to initiate litigation one against the other.

VI. INDEMNIFICATION
Each party agrees to indemnify, defend and hold harmless the other parties, their directors, employees and agents against all claims, demands, suits, judgement, expenses and costs (including reasonable attorney’s fees and costs of defense) of any and every kind resulting from injury to or death of persons or loss of or damage to property arising out of any act or omission of the parties, its officers, employees or agents, under the terms of this agreement. The obligations of this section shall survive the expiration, termination or assignment of this agreement.

VII. INSURANCE REQUIREMENTS
Without limiting either Party’s indemnification of the other as provided in Section VI of this Agreement, and prior to any facility use under this Agreement, the Parties agree to obtain, provide, and continuously maintain at their own expense for the term of this Agreement policies of insurance through self-insurance or purchased insurance of the type and amounts described below.

1.1. Minimum Scope and Limits of Insurance.
i. General Liability Insurance: $2,000,000 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. ii. Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease.

1.2. Additional Insured Status. General Liability and Automobile Liability additional insured status:
01425.0005 2152484.1
i. City must name Madera Unified School District, members of the governing board, their agents, officers, and employees as additional insured. ii. District must name City of Madera, its officers, officials, employees, and agents as additional insured.

1.3. Waiver of Subrogation. Worker’s Compensation policies required under this Agreement shall be endorsed to waive subrogation against the named insured.

1.4. Maintenance of Coverage. Parties shall procure and maintain, for the duration of the Agreement, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with facility use under this Agreement.

1.5. Proof of Insurance. Each Party shall provide to the other certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein.

Current evidence of insurance shall be required during the term of this Agreement.

1.6. Enforcement of Contract Provisions (non estoppel). Parties acknowledge and agree that any actual or alleged failure on the part of one party to inform the other party of non-compliance with any requirement imposes no additional obligations on the City or District, nor does it waive any rights hereunder.

1.7. 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 either party maintains higher limits than the minimums required above, the other party shall be entitled to coverage at the higher limits maintained.

1.8. Notice of Cancellation. Parties agree to oblige their respective insurance agent or broker and insurers to provide to the other party 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.

1.9. Timely Notice of Claims. Each party shall provide the other with prompt and timely notice of claims made or suits instituted that arise out of or result from facility use under this Agreement, and that involve or may involve coverage under any of the required liability policies.

VIII. ENTIRE AGREEMENT
This MOU, including the attachments and exhibits, represents the entire MOU between City and MUSD for the 2026 Summer Camp. This MOU may be amended only by written instrument signed by both City and MUSD. There are no third-party beneficiaries to this agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed as of the day and year first above written. * * * * * * * * * * *
01425.0005 2152484.1

CITY OF MADERA
a municipal corporation
By:

Cecelia K. Gallegos, Mayor
Date:

MADERA UNIFIED SCHOOL DISTRICT
By:

Date:

ATTEST:

By:

Alicia Gonzales, City Clerk

APPROVED AS TO FORM
By:

Shannon L. Chaffin, City Attorney
Date:

Exhibits:

Exhibit A – Summer 2026 Camp
01425.0005 2152484.1
Exhibit A
City of Madera Summer 2026 Camp
Project Overview: The academic Summer Camp for July 2026 will offer a blend of STEAM education, sports, and arts and crafts activities to provide Madera Unified School District (MUSD) students with a well-rounded and enriching experience. Through hands-on learning, physical activity, and creative expression, it is the intent participants to develop new skills, build confidence, and make lasting memories in a supportive and inclusive environment.

Scope of Work: The intent of the parties is to provide youth participants with an academic camp program that integrates STEAM, physical activity, and artistic activities. The City role shall be to provide facilities, oversee logistics, address participant safety, and generally foster a positive and inclusive environment to support MUSD, with the intent the camp will offer campers a memorable experience that inspires learning, creativity, and personal development. Both parties acknowledge that the successful implementation of the Summer Camp Program requires ongoing communication and cooperation. The City and MUSD agree to work collaboratively to address operational needs and promote a safe, organized, and positive experience for all participants.

Timeline:
• Dates: July 6
th – 10th / July 13th – 17th
, 2026 (unless otherwise modified by the parties).
• Period: 2-week camp
• Duration: 10 days
• Times: 8:00 am – 3:30 pm (see “General Schedule”, below, for additional information.) Deliverables:
• City to provide activities and programming, including:
o Physical Activities.
o STEAM Activities.
o Arts and Crafts.
• The City will reserve the John Wells Youth Center for the Summer Camp at the dates and times set by the parties, which are initially as proposed above. As part of this reservation, MUSD shall provide required documentation and actions including payment of reservation fees and providing insurance documentation to City.
• The Summer Camp shall be limited to serving students in grades 1 – 6, with sessions broken up into three groups rotating through the Summer Camp as follows:
o First Grade – Second Grade: 20 Students (maximum)
o Third Grade – Fourth Grade: 20 Students (maximum)
o Fifth Grade – Sixth Grade: 20 Students (maximum)
• The City will provide a Summer Camp for a minimum of 60 students.. • The City will provide sufficient staffing for the Summer Camp during operational hours, and will ensure a ratio of 2:20 (two City staff for every 20 students) for each of the groups. 01425.0005 2152484.1
• The City will not be required to provide any meals or snacks. Any meals will be provided by MUSD. The City may assist MUSD in serving meals as resources allow. • No transportation will be provided by the City for MUSD students. Instead, MUSD will be responsible for transportation, whether through MUSD staff, or by the parents/guardians of the MUSD students.
• The Summer Camp is limited to only MUSD students within the identified grades. • MUSD will provide three staff members during camp hours to handle attendance, serve meals, provide disciplinary action (as may be needed), and be the primary source of communication with parents. The City is not responsible for these items. Notwithstanding, the parties agree the City may restrict the participation of any student, staff member, parent, etc. (either temporarily or for the remainder of the Summer Camp) who fails to comply with City rules for the event, or is otherwise adversely impacting health, safety, or welfare.

General Schedule: Unless otherwise modified by the parties, the parties anticipate using the following schedule:

General Schedule
Time Activity
7:30am - 8:30am Breakfast / Check-in
8:40am - 9:20am Split into Groups / Warm Up
9:30am - 10:20am Sport / Steam Activity / Art and Craft Activity 10:30am - 11:20am Sport / Steam Activity / Art and Craft Activity 11:30am - 12:20pm Lunch
12:30pm - 1:50pm Sport / Steam Activity / Art and Craft Activity 2:00pm - 2:50pm Sport / Steam Activity / Art and Craft Activity 3:00pm - 3:30pm Dismissal / Pick Up
Cost Breakdown: MUSD shall pay the City for the following:

Facility Rental
Room Days Hours Price Per Hour Total
Gym 10 6 $ 50 $ 3,000
Craft Room 10 6 $ 40 $ 2,400
Rec Room 10 6 $ 40 $ 2,400
TOTAL: $7,800
Staff Hours
Position - Program Leaders Days Hours
# of
staff Wage Total
Summer Camp Hours 10 8 8 $ 27.00 $ 17,280
Set Up 10 1 6 $ 27.00 $ 1620
01425.0005 2152484.1
Clean Up 10 2 6 $ 27.00 $ 3,240
Shopping/Prepping 1 4 3 $ 27.00 $ 324
Meetings 1 3 8 $ 27.00 $ 648
$ 23,112
Position - Coordinator Days Hours
# of
staff Wage Total
Administration/Monitoring 10 80 1 $ 35.00 $ 2,800
Materials
Camp Materials for Physical / STEAM / Arts and Crafts Activities $ 7,000 Facility Rental Cost
Gym / Craft Room / Rec Room $ 7,800
Administrative Fee
25% Administrative Fee
Hours + Materials $ 32,912
Admin Fee $ 5,510
Grand Total $ 46,222
The City shall provide the facilities as noted, as well as program administration and staffing at the minimums noted above.

Additional Duties (MUSD): In addition to the items, above, MUSD shall be responsible for the following:
• Transportation: MUSD shall provide participant transportation via school bus or as otherwise arranged by MUSD. This includes transporting participants to the John Wells Youth Center at the start of the program day and transporting participants from the site at the conclusion of the program day.
• Meal Service: MUSD shall provide delivery and service of breakfast and lunch to all participating youth in accordance with applicable meal service requirements. • Participant Check-In and Check-Out: MUSD shall provide staff to manage participant check-in procedures at the beginning of each program day and participant check-out procedures at the end of each program day.
• Discipline and Behavioral Management: MUSD shall handle all disciplinary actions and behavioral matters involving camp participants.
• Coordination and Communication: MUSD will provide City with a staff member to serve as the primary point of communication and coordination with the City regarding Summer Camp operations.

Additional Duties (City): In addition to the items above, City shall be responsible for the following:
• Program Facilitation: City shall facilitate and supervise all camp programming and activities.
• Facility Clean-Up: City staff will be responsible for all end-of-day clean-up associated with camp operations and activities.
01425.0005 2152484.1
• Coordination and Communication: City’s Recreation/Community Program Coordinator will serve as the primary point of communication and coordination with MUSD regarding Summer Camp operations.
• Program Development: Except as otherwise set forth in this Agreement, City will be responsible for planning, organizing, and implementing the programming and activities utilized during the Summer Camp.

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

Adopt Resolutions Approving the Community Development Block Grant (CDBG) Program Year 2026/27 Subrecipient Agreements.

RECOMMENDATION:

Adopt Resolutions Approving the Program Year 2026/27 CDBG Subrecipient Agreement for Services for:

1. $190,264 with City of Madera Program Year 2026/27 CDBG Administration

2. $17,500 with Madera Project Run

3. $15,000 with O.L.I.V.E. Charitable Organization

4. $17,500 United Way Fresno and Madera Counties

5. $43,468 Madera County Food Bank

6. $30,000 with City of Madera Parks Department (Senior program)

7. $230,000 with City of Madera Public Works Department (Sidewalk replacement program)

8. $51,000 with City of Madera Parks Department (Horseshoe Pits - Design)

9. $78,000 with City of Madera Parks Department (Clinton Street Widening)

10. $284,365 with the City of Madera Parks Department (Demolition Project) SUMMARY:

The U.S. Department of Housing and Urban Development (HUD) announced the Program Year (PY) 2026/27 CDBG funding allocations on April 3, 2026. The City’s eligible allocation for the PY 2026/27 Annual Action Plan (AAP) is $957,097. Council approved the Annual Action Plan allocations on May 20, 2026. The proposed contracts consist solely of the PY 2026/27 CDBG allocation. Staff is recommending adopting resolutions for subrecipient agreements to implement the projects outlined in the PY 2026/27 AAP.

Council Meeting of: June 17, 2026
Agenda Number: B-22
Return to Agenda
DISCUSSION:

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 a CDBG Annual Action Plan. Activities proposed in the CDBG Annual Action Plan must meet, at a minimum, one of the following 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).

In addition to the national objectives, HUD requires the identification of primary and secondarytier local funding priorities. The Consolidated Plan for the Program Years 2025 through 2029 embodies and reflects six overall goals which relate to major commitments and priorities of HUD:
 Low- to moderate-income citizens will have access to safe, decent, and affordable housing
 Improve the quality and access to programs and facilities for health and safety, information, transportation, and recreation services
 Enhance the economic well-being of all citizens through education and training, employment opportunities, and business development
 Enhance the quality and use to the physical infrastructure of Madera  Prevent and reduce homelessness
 Administration

ELIGIBLE USES OF FUNDS
HUD mandates allocating 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. The City is eligible to receive $957,097 for the PY 2026/27.

Summary of Subrecipient Grant Applications and Council Allocations The City released a Request for Funding Proposal (RFP) on December 8, 2025, inviting eligible and interested entities to submit applications for the CDBG 2026/27 funding cycle. Ten applications were funded.

Administration Applications
Table 1 shows the Administration applicant and the Council funding allocations for Administration.

Public Service Applications
Table 2 shows the Public Service applicants and the Council funding allocations for Public Services.

Table 2: City Council - Public Service Allocations
Applicant City Council Final
Allocations
Madera Project Run
Madera Project Run $17,500
O.L.I.V.E. Charitable Organization
The Bennet House $15,000
United Way Fresno and Madera Counties
Community – Based Navigation and Support $17,500
Madera County Food Bank
Food access & Family Support Project $43,468
City Parks Department
Madera Seniors Nutrition & Recreational Program $30,000 Total $123,468
Capital Projects/Public Improvements
Table 3 shows the Capital Projects/Public Improvements applicants and the Council funding allocation.

Table 3: City Council - Capital Projects/Public Improvements Allocations Applicant City Council Final
Allocations
City Public Works Department
Sidewalk and ADA Corner Ramp (2025) $230,000
City Parks Department
Horseshoe Pits - Design $51,000
City Parks Department
Clinton Street Widening $78,000
City Parks Department $284,365
Table1: City Council - Administration Allocations
Applicant City Council Final
Allocations
City of Madera – Grants Division Administration
Administration to Oversee CDBG Program $190,264
Total $190,264
Demolition Project: Mexican -American & CASA
Buildings
Total $643,365
FINANCIAL IMPACT:

Approving these agreements will not impact the General Fund. The City will administer the grant with available PY 2026/27 CDBG administration funds and current City staff. Appropriations for these agreements will be included in the Fiscal Year 2026/27 Proposed Budget, which is subject to approval by Council in June 2026.

ALTERNATIVES:

As an alternative, Council may:

1. Deny approval of the Agreements.

2. Direct staff to enter into alternate Agreements.

ATTACHMENTS:

1. Resolution
Exhibit 1- City of Madera Agreement
 Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

2. Resolution
Exhibit 1- Madera Project Run
 Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

3. Resolution
Exhibit 1- O.L.I.V.E. Charitable Organization Agreement  Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

4. Resolution
Exhibit 1- United Way Fresno and Madera Counties
 Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

5. Resolution
Exhibit 1- Madera County Foodbank
 Exhibit A – Scope of Work
 Exhibit B – Budget
Exhibit C – CDBG Certifications

6. Resolution
Exhibit 1- City of Madera, Parks Department Agreement
 Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

7. Resolution
Exhibit 1- City of Madera, Public Works Department Agreement  Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

8. Resolution
Exhibit 1- City of Madera, Parks Department Agreement
 Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

9. Resolution
Exhibit 1- City of Madera, Parks Department Agreement
 Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

10. Resolution
Exhibit 1- City of Madera, Parks Department Agreement
 Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2026/27 COMMUNITY

DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($190,264) WITH CITY OF MADERA, DEPARTMENT OF FINANCE
WHEREAS, the City Council has considered approval of the 2026/27 Community Development Block Grant Subrecipient Agreement with the City of Madera Department of Finance in the amount of $190,264 (“Agreement”); and
WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.

NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:

1. The recitals listed above are true and correct.

2. The Council approves the Agreement between the City and the City of Madera Finance Department.

3. This resolution is effective upon receipt of written confirmation from the U.S.

Department of Housing and Urban Development of the City of Madera Program Year 2026/27 Action Plan approval.

4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.

5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.

6. This resolution is effective immediately upon adoption. *****
1 COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT

BETWEEN THE CITY OF MADERA, GRANTS AND FINANCE DEPARTMENT This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2026, by and between the City of Madera (“City”) and CITY OF MADERA GRANTS AND FINANCE DEPARTMENT, hereafter referred to as "SUBRECIPIENT."

RECITALS
A. This Agreement sets forth the responsibilities of City and Subrecipient in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as “CDBG”), as amended.

B. The City has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the CITY, and in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California.

C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.

D. Subrecipient agrees to perform the services for CITY hereinafter described, for the compensation, during the term, and otherwise subject to the covenants and conditions hereinafter set forth.

AGREEMENT

1. Services
The Subrecipient shall provide all services and responsibilities as set forth in Scope of Work, which is attached to this Agreement, marked as EXHIBIT "A", and incorporated herein by reference.

2. Funding and Method of Payment
a. Compensation
Payments shall be made after receipt and verification of actual expenditures incurred by the Subrecipient in the performance of this Agreement and shall be documented to the City by the tenth (10th) day of the month following the end of each quarter. Allowable expenditures under this Agreement are specifically established, attached and incorporated by reference as EXHIBIT “B".
2 The total obligation of the City under this Agreement shall not exceed $190,246 in fiscal year 2026-2027. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.

3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.

4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.

5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable 3 local, State and Federal regulations, including but not limited to those requirements listed in Community Development Block Grant certifications attached hereto and incorporated herein by reference as EXHIBIT “C”.

6. Administrative Requirements/Financial Management/Accounting Standards Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

7. Costs Principles
Subrecipient shall administer its program in conformance with OMB Uniform Guidance.

These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.

Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.

9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2026, and shall end its performance June 30, 2027, unless terminated sooner as provided for elsewhere in this Agreement. The Agreement may be extended by written modification of the parties.

10. Records
a. Record Establishment and Maintenance
Subrecipient shall establish and maintain records in accordance with those requirements prescribed by City, with respect to all matters covered by this Agreement. Subrecipient shall retain all fiscal books, account records, and client files for services performed under this Agreement for at least three (3) years from the date of the final payment under this Agreement or until all State and Federal audits are completed for that fiscal year, whichever is later. Pursuant to State and Federal law, it is the intent of the parties to this Agreement that the Subrecipient shall be reimbursed for actual costs incurred in the performance of this Agreement but that no profit is to accrue to the Subrecipient on account of such performance.

Subrecipient shall maintain all records required by the Federal regulations specified in 24 4 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:

1. Records providing a full description of each activity undertaken;

2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;

3. Records required to determine the eligibility of activities;

4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;

5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;

6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and

7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. CDBG Reporting Requirements
Subrecipient shall submit reports to the City at minimum on a quarterly basis. The Subrecipient shall submit reimbursement requests with substantiating evidence justifying such request. Documentation may include invoice copies of paid invoices/receipts, copies of cash receipts or checks used to pay each invoice submitted, copies of timecards and related pay stubs for reimbursement. Timecards must be signed by both the employee and the designated Subrecipient Authorizing Official. Subrecipient shall submit quarterly reports via the City Data System.

TERM PERIOD DURATION DUE DATES
1st Period July 1 - September 30 October 15
2nd Period October 1 - December 31 January 15
3rd Period January 1 - March 31 April 15
4th Period April 1 - June 30 July 15
Subrecipient shall submit quarterly progress reports on the dates listed above. If a due date falls on a weekend or holiday, Subrecipient shall submit invoices and progress reports no later than the next business day.
c. Required Notifications
The Subrecipient shall also furnish to the City such statements, records, reports, data, and information as the City may request pertaining to matters covered by this Agreement. In the event the Subrecipient fails to provide such reports, it shall be deemed sufficient cause for the City to withhold payments until there is compliance. In addition, the Subrecipient shall provide written notification and explanation to the CITY within five (5) days of any funds received from another source to conduct the same services covered by this Agreement. 5 City shall notify Subrecipient in writing within thirty (30) days of any potential State or Federal exception discovered during an examination. Where findings indicate that program requirements are not being met and State and Federal participation in this program may be imperiled in the event corrections are not accomplished by Subrecipient within thirty (30) days, written notification shall constitute City’s intent to terminate this Agreement.

Subrecipient shall report to City promptly and in written detail, each notice of claim of copyright infringement received by Subrecipient with respect to all subject data delivered under this Agreement. Subrecipient shall not affix any restrictive markings upon any data. If markings are affixed, City shall have the right at any time to modify, remove, obliterate, or ignore such markings.

11. Assignment
Subrecipient may not assign or transfer their obligation of this Agreement or any rights hereunder without the prior written consent of the other party.

12. Subcontracts
If the Subrecipient should propose to subcontract with one or more third parties to carry out a portion of those services described in EXHIBIT "A" insofar as it deems proper or efficient, any such subcontract shall be in writing and approved by the CITY prior to execution and implementation. Any such subcontract, together with all other activities performed, or caused by the Subrecipient, shall not allow compensation greater than the total project budget contained in EXHIBIT "B." An executed copy of any such subcontract shall be submitted to the City before any implementation and shall be retained by the City.

The Subrecipient shall be responsible to the City for the proper performance of any subcontract. Any subcontractor shall be subject to all of the same terms and conditions that the Subrecipient is subject to under this Agreement. No officer or director of the Subrecipient shall have any direct monetary interest in any subcontract made by the Subrecipient. A direct monetary interest contrary to this paragraph shall be deemed to exist, if an officer or director of the Subrecipient is also an owner, officer, or director of a corporation, association, or partnership subcontracting with the Subrecipient.

In addition, if the Subrecipient receives CDBG funds under this Agreement, the subcontractor shall be subject to CDBG federal regulations, including those listed in EXHIBIT "C".

13. Conflict of Interest
No officer, employee, or agent of the City who exercises any function or responsibility for planning and carrying out of the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. The Subrecipient shall comply with the provisions of 24 CFR 570.611 with respect to conflicts of interest and covenants hat it presently 6 has no financial interest, direct or indirect, which would conflict in any manger or degree with the performance of this Agreement. The Subrecipient further covenants that in the performance of this Agreement, no person having such a financial interest shall be employed or retained by Subrecipient.

14. Discrimination
a. Eligibility for Services
The Subrecipient shall prepare and make available to the CITY and to the public all eligibility requirements to participate in the program plan set forth in EXHIBIT "A." No person shall, on the grounds of race, color, national origin, sex, religion, age, or disability status, be excluded from participation in, and denied the benefits of, or be subjected to discrimination with respect to the services funded under this Agreement.

The Subrecipient’s services shall be accessible to the physically disabled, and the services of a translator, signer or assistive listening device shall be made available. Subrecipient, in its marketing materials, shall specify assistance to access its services is available for deaf and hardof-hearing persons by calling 711 or 1-800-735-2929 and, for voice users, 1-866-735-2922 for TTY Relay Services. Subrecipient shall comply with requirements set forth in the Accessibility for Persons with Disabilities to Non-Housing Programs funded by Community Development Block Grant Funds – Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, and the Architectural Barriers Act.
b. Employment Opportunity
The Subrecipient shall comply with the CITY policy, the Community Development Block Grant regulations, and the Equal Employment Commission guidelines, which forbids discrimination against any person on the grounds of race, color, national origin, sex, religion, age, familial status, disability status, or any other status protected by law in employment practices. Such practices include retirement, recruitment advertising, hiring, layoff, termination, upgrading, demotion, transfer, rates of pay or other forms of compensation, use of facilities, and other terms and conditions of employment.
c. Suspension of Compensation
If an allegation of discrimination occurs, the City shall withhold all further funds until the Subrecipient can show by clear and convincing evidence to the satisfaction of the City that funds provided under this Agreement were not used in connection with the alleged discrimination. d. Nepotism
Except by written consent of the City, no person shall be employed by the Subrecipient who is related by blood or marriage or who is a member of the Board of Directors or an officer 7 of the Subrecipient. In the event HUD determines a CDBG-funded Subrecipient’s organization/agency operations violate federal rules and regulations with regard to nepotism and/or conducts business and a conflict of interest issue arises, then Subrecipient shall accept all responsibility to return any CDBG funds received from City.

15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.

16. Amendments
Adjustments in the nature or scope of the program plan set forth in EXHIBIT “A” or changes of any line item within the total approved budget contained in EXHIBIT “B” may be approved in writing by the City Manager, or his designee.

17. Administration
The City of Madera Grants Department shall administer this Agreement.

18. Evaluation
The City shall monitor and evaluate the performance of the Subrecipient under this Agreement to determine to the best possible degree the success or failure of the services provided under this Agreement and the adequacy of the program plan contained in EXHIBIT "A.” 8 The Subrecipient shall participate in evaluation of the program.

Subrecipient shall cooperate fully with City, State and Federal agencies, which shall have the right to monitor and audit all work performed under this Agreement.

Subrecipient shall also agree to on-site monitoring and personal interviews of participants, Subrecipient’s staff, and employees by appropriate City staff.

19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.

20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.

21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.

Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.

22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity not a party to this Agreement.
9 23. Indemnification
Subrecipient shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“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 Subrecipient’s performance of its obligations under this agreement or out of the operations conducted by Subrecipient, including the City’s active or passive negligence, 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 Subrecipient’s performance of this agreement, the Subrecipient 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.

24. Independent Contractor
Subrecipient and its subcontractors shall perform this Agreement 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 Subrecipient’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Subrecipient’s employees or subcontractors, any claim or right of action against City.

25. Insurance Requirements for Service Providers
Without limiting Subrecipient’s indemnification of City, and prior to commencement of Work, Subrecipient 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
Subrecipient shall maintain limits no less than:
 $1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 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.
10  Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease.

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

Proof of Insurance
Subrecipient 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.

Primary/Non-Contributary
For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

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.

Enforcement of Contract Provisions (non estoppel)
Service Provider acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Service Provider 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 11 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 Service Provider maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Subrecipient.

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

Additional Insurance
Service Provider 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.

26. Violation of Federal Rules and Regulations
In the event HUD determines a CDBG-funded Subrecipient has violated Federal rules and regulations and HUD requires repayment of CDBG funds, then Subrecipient shall repay any CDBG funds within 90 days of a written request from CITY.

27. General Provisions
a. Entire Agreement
This Agreement constitutes the entire agreement between Subrecipient and City with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications and understandings of any nature whatsoever unless expressly included in this Agreement. 12 b. Notice.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:

To the City:

City of Madera – Grants Division
205 W. 4th St.

Madera, CA 93637
To the Subrecipient:

City of Madera – Finance Department
205 W. 4th St.

Madera, CA 93637
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. c. Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.

This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
///
13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers thereunto duly authorized as set forth below.

CITY OF MADERA: City & Finance Department:

By: ___________________________________ By: ______________________________ Cecilia Gallegos, Mayor City Director of Financial Services Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:

By: ___________________________________ By:_________________________________ Alicia Gonzales, City Clerk Shannon Chaffin, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A

COMMUNITY DEVELOPMENT BLOCK GRANT

SCOPE OF WORK
FOR THE 2026-2027 FISCAL YEAR
I. PROJECT NAME: City of Madera Administration
II. APPLICANT: City of Madera Finance Department
III. PROJECT DESCRIPTION:

The City of Madera provides full oversight of the CDBG program. Administrative funding will be applied to personnel costs associated with providing such oversight. Examples of operating tasks associated with oversight include:
subrecipient invoice processing, subrecipient monitoring, revising policies and procedures, and daily program management tasks.

IV. FUNDING PROPOSAL:

A. CDBG Funds Requested: $190,264_
B. Projected Completion Date: June 2027
V. ANNUAL GOALS SUPPORTED:

Access to Affordable Housing
Improve Access to Services
Prevent and Reduce
Homelessness
Administration
VI. PRIORITY NEEDS ADDRESSED:

Housing Needs
Community Services
Economic Development
Public Improvements and Public
Infrastructure
Homeless Needs and Services
VII. GOAL OUTCOME INDICATORS
Goal Outcome Indicator Quantity Unit of Measure
Other N/A Other
Exhibit A
VIII. CDBG COMMITMENTS:

For applicants who have received CDBG funding in the last three years and/or have an active award.

CDBG Award
Year
Award
Type
Award Amount Remaining
Balance
Timeliness
Status
2025-2026 Admin $177,958.20 $84,619.53 On Track to Meet 2024-2025 Admin $177,899 $31,535.84 Met
2023-2024 Admin $176,346 $34,623 Met
VIIII. CONFORMANCE WITH FEDERAL FUNDING REQUIREMENTS:

A. The proposed project is eligible for CDBG funding as an Administration Cost project as defined by CFR Section 570.200(3)(i).

B. Cost of administration and planning eligible under § 570.205 and § 570.206 will be assumed to benefit low and moderate income persons in the same proportion as the remainder of the CDBG funds.

X. CONFORMANCE TO CITY PLANS AND POLICIES:

A. City Priority Need Addressed: None
B. Consolidated Plan Conformance: N/A
CDBG Program Year 2026/27 Contract Source
Program Name:

Agency Name: City of Madera
Agency Site Adress: 205 W 4th Street
Agency City, State, Zip: Madera, CA 93637
Agency Phone number: (559) 661-3692
Director Name: Michael Lima
Director Phone: (559)661-5453
Project Description:

Measure
of Service Description
Unduplicated
Clients Served
Total
unduplicated
Clients Served
Budget
Budget Line Item Madera Other Funding Program Total
Benefits
Taxes
Subtotal Personnel 190,264
Move-In Assistance
Supplies & Materials
Equipment
Communications
Meetings & Convenings
Travel & Transportation
Training
Consulting
Evaluation
Oversight of the administration of the CDBG Program.

Goals of Clients to be Served:

Personnel:
*If you need more personnel lines, feel free to add them.

Non-Personnel
Goal :

N/A
Number of Goals:

Exhibit B
Subtotal Non-Personnel 0
Total Personnel & Non-Personnel $190,264
Indirect Costs
TOTAL $ 190,264.00
Number of Persons Served:

Cost per Individual N/A!
Application Status Funded
Amount Funded 190,264
Other Lines needed:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2026/27 COMMUNITY

DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($17,500) WITH MADERA PROJECT RUN
WHEREAS, the City Council has considered approval of the 2026/27 Community Development Block Grant Subrecipient Agreement with Madera Project Run in the amount of $17,500 (“Agreement”); and
WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.

NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:

1. The recitals listed above are true and correct.

2. The Council approvesthe Agreement between Madera Project Run.

3. This resolution is effective upon receipt of written confirmation from the U.S.

Department of Housing and Urban Development of the City of Madera Program Year 2026/27 Action Plan approval.

4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.

5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.

6. This resolution is effective immediately upon adoption. *****
1 COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT

BETWEEN THE CITY OF MADERA, AND MADERA PROJECT RUN
This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2026, by and between the City of Madera (“City”) and MADERA PROJECT RUN, hereafter referred to as "SUBRECIPIENT."

RECITALS
A. This Agreement sets forth the responsibilities of City and Subrecipient in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as “CDBG”), as amended.

B. The City has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the CITY, and in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California.

C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.

D. Subrecipient agrees to perform the services for CITY hereinafter described, for the compensation, during the term, and otherwise subject to the covenants and conditions hereinafter set forth.

AGREEMENT

1. Services
The Subrecipient shall provide all services and responsibilities as set forth in Scope of Work, which is attached to this Agreement, marked as EXHIBIT "A", and incorporated herein by reference.

2. Funding and Method of Payment
a. Compensation
Payments shall be made after receipt and verification of actual expenditures incurred by the Subrecipient in the performance of this Agreement and shall be documented to the City by the tenth (10th) day of the month following the end of each quarter. Allowable expenditures under this Agreement are specifically established, attached and incorporated by reference as EXHIBIT “B".
2 The total obligation of the City under this Agreement shall not exceed $17,500 in fiscal year 2026- 2027. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.

3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.

4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.

5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable local, State and Federal regulations, including but not limited to those requirements listed in 3 Community Development Block Grant certifications attached hereto and incorporated herein by reference as EXHIBIT “C”.

6. Administrative Requirements/Financial Management/Accounting Standards Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

7. Costs Principles
Subrecipient shall administer its program in conformance with OMB Uniform Guidance.

These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.

Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.

9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2026, and shall end its performance June 30, 2027, unless terminated sooner as provided for elsewhere in this Agreement. The Agreement may be extended by written modification of the parties.

10. Records
a. Record Establishment and Maintenance
Subrecipient shall establish and maintain records in accordance with those requirements prescribed by City, with respect to all matters covered by this Agreement. Subrecipient shall retain all fiscal books, account records, and client files for services performed under this Agreement for at least three (3) years from the date of the final payment under this Agreement or until all State and Federal audits are completed for that fiscal year, whichever is later. Pursuant to State and Federal law, it is the intent of the parties to this Agreement that the Subrecipient shall be reimbursed for actual costs incurred in the performance of this Agreement but that no profit is to accrue to the Subrecipient on account of such performance.

Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records 4 shall include but not be limited to:

1. Records providing a full description of each activity undertaken;

2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;

3. Records required to determine the eligibility of activities;

4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;

5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;

6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and

7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. CDBG Reporting Requirements
Subrecipient shall submit reports to the City at minimum on a quarterly basis. The Subrecipient shall submit reimbursement requests with substantiating evidence justifying such request. Documentation may include invoice copies of paid invoices/receipts, copies of cash receipts or checks used to pay each invoice submitted, copies of timecards and related pay stubs for reimbursement. Timecards must be signed by both the employee and the designated Subrecipient Authorizing Official. Subrecipient shall submit quarterly reports via the City Data System.

TERM PERIOD DURATION DUE DATES
1st Period July 1 - September 30 October 15
2nd Period October 1 - December 31 January 15
3rd Period January 1 - March 31 April 15
4th Period April 1 - June 30 July 15
Subrecipient shall submit quarterly progress reports on the dates listed above. If a due date falls on a weekend or holiday, Subrecipient shall submit invoices and progress reports no later than the next business day.
c. Required Notifications
The Subrecipient shall also furnish to the City such statements, records, reports, data, and information as the City may request pertaining to matters covered by this Agreement. In the event the Subrecipient fails to provide such reports, it shall be deemed sufficient cause for the City to withhold payments until there is compliance. In addition, the Subrecipient shall provide written notification and explanation to the CITY within five (5) days of any funds received from another source to conduct the same services covered by this Agreement.

City shall notify Subrecipient in writing within thirty (30) days of any potential State or 5 Federal exception discovered during an examination. Where findings indicate that program requirements are not being met and State and Federal participation in this program may be imperiled in the event corrections are not accomplished by Subrecipient within thirty (30) days, written notification shall constitute City’s intent to terminate this Agreement.

Subrecipient shall report to City promptly and in written detail, each notice of claim of copyright infringement received by Subrecipient with respect to all subject data delivered under this Agreement. Subrecipient shall not affix any restrictive markings upon any data. If markings are affixed, City shall have the right at any time to modify, remove, obliterate, or ignore such markings.

11. Assignment
Subrecipient may not assign or transfer their obligation of this Agreement or any rights hereunder without the prior written consent of the other party.

12. Subcontracts
If the Subrecipient should propose to subcontract with one or more third parties to carry out a portion of those services described in EXHIBIT "A" insofar as it deems proper or efficient, any such subcontract shall be in writing and approved by the CITY prior to execution and implementation. Any such subcontract, together with all other activities performed, or caused by the Subrecipient, shall not allow compensation greater than the total project budget contained in EXHIBIT "B." An executed copy of any such subcontract shall be submitted to the City before any implementation and shall be retained by the City.

The Subrecipient shall be responsible to the City for the proper performance of any subcontract. Any subcontractor shall be subject to all of the same terms and conditions that the Subrecipient is subject to under this Agreement. No officer or director of the Subrecipient shall have any direct monetary interest in any subcontract made by the Subrecipient. A direct monetary interest contrary to this paragraph shall be deemed to exist, if an officer or director of the Subrecipient is also an owner, officer, or director of a corporation, association, or partnership subcontracting with the Subrecipient.

In addition, if the Subrecipient receives CDBG funds under this Agreement, the subcontractor shall be subject to CDBG federal regulations, including those listed in EXHIBIT "C".

13. Conflict of Interest
No officer, employee, or agent of the City who exercises any function or responsibility for planning and carrying out of the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. The Subrecipient shall comply with the provisions of 24 CFR 570.611 with respect to conflicts of interest and covenants hat it presently has no financial interest, direct or indirect, which would conflict in any manger or degree with 6 the performance of this Agreement. The Subrecipient further covenants that in the performance of this Agreement, no person having such a financial interest shall be employed or retained by Subrecipient.

14. Discrimination
a. Eligibility for Services
The Subrecipient shall prepare and make available to the CITY and to the public all eligibility requirements to participate in the program plan set forth in EXHIBIT "A." No person shall, on the grounds of race, color, national origin, sex, religion, age, or disability status, be excluded from participation in, and denied the benefits of, or be subjected to discrimination with respect to the services funded under this Agreement.

The Subrecipient’s services shall be accessible to the physically disabled, and the services of a translator, signer or assistive listening device shall be made available. Subrecipient, in its marketing materials, shall specify assistance to access its services is available for deaf and hardof-hearing persons by calling 711 or 1-800-735-2929 and, for voice users, 1-866-735-2922 for TTY Relay Services. Subrecipient shall comply with requirements set forth in the Accessibility for Persons with Disabilities to Non-Housing Programs funded by Community Development Block Grant Funds – Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, and the Architectural Barriers Act.
b. Employment Opportunity
The Subrecipient shall comply with the CITY policy, the Community Development Block Grant regulations, and the Equal Employment Commission guidelines, which forbids discrimination against any person on the grounds of race, color, national origin, sex, religion, age, familial status, disability status, or any other status protected by law in employment practices. Such practices include retirement, recruitment advertising, hiring, layoff, termination, upgrading, demotion, transfer, rates of pay or other forms of compensation, use of facilities, and other terms and conditions of employment.
c. Suspension of Compensation
If an allegation of discrimination occurs, the City shall withhold all further funds until the Subrecipient can show by clear and convincing evidence to the satisfaction of the City that funds provided under this Agreement were not used in connection with the alleged discrimination. d. Nepotism
Except by written consent of the City, no person shall be employed by the Subrecipient who is related by blood or marriage or who is a member of the Board of Directors or an officer of the Subrecipient. In the event HUD determines a CDBG-funded Subrecipient’s 7 organization/agency operations violate federal rules and regulations with regard to nepotism and/or conducts business and a conflict of interest issue arises, then Subrecipient shall accept all responsibility to return any CDBG funds received from City.

15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.

16. Amendments
Adjustments in the nature or scope of the program plan set forth in EXHIBIT “A” or changes of any line item within the total approved budget contained in EXHIBIT “B” may be approved in writing by the City Manager, or his designee.

17. Administration
The City of Madera Grants Department shall administer this Agreement.

18. Evaluation
The City shall monitor and evaluate the performance of the Subrecipient under this Agreement to determine to the best possible degree the success or failure of the services provided under this Agreement and the adequacy of the program plan contained in EXHIBIT "A.” The Subrecipient shall participate in evaluation of the program. 8 Subrecipient shall cooperate fully with City, State and Federal agencies, which shall have the right to monitor and audit all work performed under this Agreement.

Subrecipient shall also agree to on-site monitoring and personal interviews of participants, Subrecipient’s staff, and employees by appropriate City staff.

19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.

20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.

21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.

Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.

22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity not a party to this Agreement.
9 23. Indemnification
Subrecipient shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“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 Subrecipient’s performance of its obligations under this agreement or out of the operations conducted by Subrecipient, including the City’s active or passive negligence, 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 Subrecipient’s performance of this agreement, the Subrecipient 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.

24. Independent Contractor
Subrecipient and its subcontractors shall perform this Agreement 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 Subrecipient’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Subrecipient’s employees or subcontractors, any claim or right of action against City.

25. Insurance Requirements for Service Providers
Without limiting Subrecipient’s indemnification of City, and prior to commencement of Work, Subrecipient 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
Subrecipient shall maintain limits no less than:
 $1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 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.
10  Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease.

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

Proof of Insurance
Subrecipient 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.

Primary/Non-Contributary
For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

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.

Enforcement of Contract Provisions (non estoppel)
Service Provider acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Service Provider 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 11 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 Service Provider maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Subrecipient.

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

Additional Insurance
Service Provider 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.

26. Violation of Federal Rules and Regulations
In the event HUD determines a CDBG-funded Subrecipient has violated Federal rules and regulations and HUD requires repayment of CDBG funds, then Subrecipient shall repay any CDBG funds within 90 days of a written request from CITY.

27. General Provisions
a. Entire Agreement
This Agreement constitutes the entire agreement between Subrecipient and City with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications and understandings of any nature whatsoever unless expressly included in this Agreement. 12 b. Notice.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:

To the City:

City of Madera – Grants Division
205 W. 4th St.

Madera, CA 93637
To the Subrecipient:

Madera Project Run
1470 South “A” Street
Madera, CA 93638
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. c. Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.

This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
///
13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers thereunto duly authorized as set forth below.

CITY OF MADERA: Madera Project Run:

By: ___________________________________ By: ______________________________ Cecilia Gallegos, Mayor Executive Director
Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:

By: ___________________________________ By:_________________________________ Alicia Gonzales, City Clerk Shannon Chaffin, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A

COMMUNITY DEVELOPMENT BLOCK GRANT

SCOPE OF WORK
FOR THE 2026-2027 FISCAL YEAR
I. PROJECT NAME: Madera Project Run
II. APPLICANT: Madera Project Run
III. PROJECT DESCRIPTION:

Madera Project Run provides free running shoes and gear to at-risk student-athletes in Madera, promoting health equity, confidence, and school engagement.

IV. FUNDING PROPOSAL:

A. CDBG Funds Requested: $20,000_
B. Projected Completion Date: June 2027
V. ANNUAL GOALS SUPPORTED:

Access to Affordable Housing
Improve Access to Services
Prevent and Reduce Homelessness
Administration
VI. PRIORITY NEEDS ADDRESSED:

Housing Needs
Community Services
Economic Development
Public Improvements and Public Infrastructure
Homeless Needs and Services
VII. GOAL OUTCOME INDICATORS
Goal Outcome Indicator Quantity Unit of Measure
Public Service activities other than
Low/Moderate Income Housing Benefit
500 Persons Assisted
VIII. CDBG COMMITMENTS:

For applicants who have received CDBG funding in the last three years and/or have an active award.

Exhibit A
CDBG Award
Year
Award
Type
Award
Amount
Remaining
Balance
Timeliness
Status
2025-2026 Public
Service
$15,000 $15,000 On Track To Meet
2024-2025 Public
Service
$10,000 $0 Met
2022-2023 Public
Service
$5,527 $1.15 Met
VIIII. CONFORMANCE WITH FEDERAL FUNDING REQUIREMENTS:

A. The proposed project is eligible for CDBG funding as a Public Service project as defined by CFR Section 570.201(e).

B. This activity meets the Federal objective of benefiting low- and moderate-income persons as limited clientele activity under Section 570.208(a)(2) because the residents meet the low-and moderate-income threshold for eligibility.

X. CONFORMANCE TO CITY PLANS AND POLICIES:

A. City Priority Need Addressed: Public Services
B. Consolidated Plan Conformance: Conforms
Exhibit B
CDBG Program Year 2026/27 Contract Source
Program Name:

Agency Name:

Agency Site Adress:

Agency City, State, Zip:

Agency Phone number:

Director Name:

Director Phone:

Project Description:

Measure
of Service Description
Unduplicated
Clients Served
Total
unduplicated
Clients Served
Budget
Budget Line Item Madera Other Funding Program Total
Staff $ 1,000.00
$ -
Benefits $ -
Taxes $ -
Subtotal Personnel $ 1,000.00
Move-In Assistance
Operating $ 1,000.00
Equipment $ 11,500.00
Communications
Meetings & Convenings
Travel & Transportation
Madera Project Run
1470 South "A" St.

Madera, CA 93638
(559) 474-3772
Alisha Brown
(559) 474-3772
Annual Gear Giveaway
Non-Personnel
Goals of Clients to be Served:

Number of Goals:

Goal :
500
Personnel:
*If you need more personnel lines, feel free to add them.

Training $ 2,000.00
Consulting
Evaluation
Other $ 2,000.00
Subtotal Non-Personnel $ 16,500.00
Total Personnel & Non-Personnel $ 17,500.00
Indirect Costs
TOTAL $ 17,500.00
Number of Persons Served: 500
Cost per Individual $ 35.00
Application Status Funded
Amount Funded $ 17,500.00
Other Lines needed:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2026/27 COMMUNITY

DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($15,000) WITH OLIVE CHARITABLE ORGANIZATION
WHEREAS, the City Council has considered approval of the 2026/27 Community Development Block Grant Subrecipient Agreement with OLIVE Charitable Organization in the amount of $15,000 (“Agreement”); and
WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.

NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:

1. The recitals listed above are true and correct.

2. The Council approvesthe Agreement between OLIVE Charitable Organization.

3. This resolution is effective upon receipt of written confirmation from the U.S.

Department of Housing and Urban Development of the City of Madera Program Year 2026/27 Action Plan approval.

4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.

5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.

6. This resolution is effective immediately upon adoption. *****
1 COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT

BETWEEN THE CITY OF MADERA, AND THE OLIVE CHARITABLE ORGANIZATION This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2026, by and between the City of Madera (“City”) and OLIVE CHARITABLE ORGANIZATION, hereafter referred to as "SUBRECIPIENT."

RECITALS
A. This Agreement sets forth the responsibilities of City and Subrecipient in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as “CDBG”), as amended.

B. The City has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the CITY, and in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California.

C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.

D. Subrecipient agrees to perform the services for CITY hereinafter described, for the compensation, during the term, and otherwise subject to the covenants and conditions hereinafter set forth.

AGREEMENT

1. Services
The Subrecipient shall provide all services and responsibilities as set forth in Scope of Work, which is attached to this Agreement, marked as EXHIBIT "A", and incorporated herein by reference.

2. Funding and Method of Payment
a. Compensation
Payments shall be made after receipt and verification of actual expenditures incurred by the Subrecipient in the performance of this Agreement and shall be documented to the City by the tenth (10th) day of the month following the end of each quarter. Allowable expenditures under this Agreement are specifically established, attached and incorporated by reference as EXHIBIT “B".
2 The total obligation of the City under this Agreement shall not exceed $15,000 in fiscal year 2026- 2027. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.

3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.

4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.

5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable local, State and Federal regulations, including but not limited to those requirements listed in 3 Community Development Block Grant certifications attached hereto and incorporated herein by reference as EXHIBIT “C”.

6. Administrative Requirements/Financial Management/Accounting Standards Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

7. Costs Principles
Subrecipient shall administer its program in conformance with OMB Uniform Guidance.

These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.

Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.

9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2026, and shall end its performance June 30, 2027, unless terminated sooner as provided for elsewhere in this Agreement. The Agreement may be extended by written modification of the parties.

10. Records
a. Record Establishment and Maintenance
Subrecipient shall establish and maintain records in accordance with those requirements prescribed by City, with respect to all matters covered by this Agreement. Subrecipient shall retain all fiscal books, account records, and client files for services performed under this Agreement for at least three (3) years from the date of the final payment under this Agreement or until all State and Federal audits are completed for that fiscal year, whichever is later. Pursuant to State and Federal law, it is the intent of the parties to this Agreement that the Subrecipient shall be reimbursed for actual costs incurred in the performance of this Agreement but that no profit is to accrue to the Subrecipient on account of such performance.

Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records 4 shall include but not be limited to:

1. Records providing a full description of each activity undertaken;

2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;

3. Records required to determine the eligibility of activities;

4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;

5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;

6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and

7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. CDBG Reporting Requirements
Subrecipient shall submit reports to the City at minimum on a quarterly basis. The Subrecipient shall submit reimbursement requests with substantiating evidence justifying such request. Documentation may include invoice copies of paid invoices/receipts, copies of cash receipts or checks used to pay each invoice submitted, copies of timecards and related pay stubs for reimbursement. Timecards must be signed by both the employee and the designated Subrecipient Authorizing Official. Subrecipient shall submit quarterly reports via the City Data System.

TERM PERIOD DURATION DUE DATES
1st Period July 1 - September 30 October 15
2nd Period October 1 - December 31 January 15
3rd Period January 1 - March 31 April 15
4th Period April 1 - June 30 July 15
Subrecipient shall submit quarterly progress reports on the dates listed above. If a due date falls on a weekend or holiday, Subrecipient shall submit invoices and progress reports no later than the next business day.
c. Required Notifications
The Subrecipient shall also furnish to the City such statements, records, reports, data, and information as the City may request pertaining to matters covered by this Agreement. In the event the Subrecipient fails to provide such reports, it shall be deemed sufficient cause for the City to withhold payments until there is compliance. In addition, the Subrecipient shall provide written notification and explanation to the CITY within five (5) days of any funds received from another source to conduct the same services covered by this Agreement.

City shall notify Subrecipient in writing within thirty (30) days of any potential State or 5 Federal exception discovered during an examination. Where findings indicate that program requirements are not being met and State and Federal participation in this program may be imperiled in the event corrections are not accomplished by Subrecipient within thirty (30) days, written notification shall constitute City’s intent to terminate this Agreement.

Subrecipient shall report to City promptly and in written detail, each notice of claim of copyright infringement received by Subrecipient with respect to all subject data delivered under this Agreement. Subrecipient shall not affix any restrictive markings upon any data. If markings are affixed, City shall have the right at any time to modify, remove, obliterate, or ignore such markings.

11. Assignment
Subrecipient may not assign or transfer their obligation of this Agreement or any rights hereunder without the prior written consent of the other party.

12. Subcontracts
If the Subrecipient should propose to subcontract with one or more third parties to carry out a portion of those services described in EXHIBIT "A" insofar as it deems proper or efficient, any such subcontract shall be in writing and approved by the CITY prior to execution and implementation. Any such subcontract, together with all other activities performed, or caused by the Subrecipient, shall not allow compensation greater than the total project budget contained in EXHIBIT "B." An executed copy of any such subcontract shall be submitted to the City before any implementation and shall be retained by the City.

The Subrecipient shall be responsible to the City for the proper performance of any subcontract. Any subcontractor shall be subject to all of the same terms and conditions that the Subrecipient is subject to under this Agreement. No officer or director of the Subrecipient shall have any direct monetary interest in any subcontract made by the Subrecipient. A direct monetary interest contrary to this paragraph shall be deemed to exist, if an officer or director of the Subrecipient is also an owner, officer, or director of a corporation, association, or partnership subcontracting with the Subrecipient.

In addition, if the Subrecipient receives CDBG funds under this Agreement, the subcontractor shall be subject to CDBG federal regulations, including those listed in EXHIBIT "C".

13. Conflict of Interest
No officer, employee, or agent of the City who exercises any function or responsibility for planning and carrying out of the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. The Subrecipient shall comply with the provisions of 24 CFR 570.611 with respect to conflicts of interest and covenants hat it presently has no financial interest, direct or indirect, which would conflict in any manger or degree with 6 the performance of this Agreement. The Subrecipient further covenants that in the performance of this Agreement, no person having such a financial interest shall be employed or retained by Subrecipient.

14. Discrimination
a. Eligibility for Services
The Subrecipient shall prepare and make available to the CITY and to the public all eligibility requirements to participate in the program plan set forth in EXHIBIT "A." No person shall, on the grounds of race, color, national origin, sex, religion, age, or disability status, be excluded from participation in, and denied the benefits of, or be subjected to discrimination with respect to the services funded under this Agreement.

The Subrecipient’s services shall be accessible to the physically disabled, and the services of a translator, signer or assistive listening device shall be made available. Subrecipient, in its marketing materials, shall specify assistance to access its services is available for deaf and hardof-hearing persons by calling 711 or 1-800-735-2929 and, for voice users, 1-866-735-2922 for TTY Relay Services. Subrecipient shall comply with requirements set forth in the Accessibility for Persons with Disabilities to Non-Housing Programs funded by Community Development Block Grant Funds – Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, and the Architectural Barriers Act.
b. Employment Opportunity
The Subrecipient shall comply with the CITY policy, the Community Development Block Grant regulations, and the Equal Employment Commission guidelines, which forbids discrimination against any person on the grounds of race, color, national origin, sex, religion, age, familial status, disability status, or any other status protected by law in employment practices. Such practices include retirement, recruitment advertising, hiring, layoff, termination, upgrading, demotion, transfer, rates of pay or other forms of compensation, use of facilities, and other terms and conditions of employment.
c. Suspension of Compensation
If an allegation of discrimination occurs, the City shall withhold all further funds until the Subrecipient can show by clear and convincing evidence to the satisfaction of the City that funds provided under this Agreement were not used in connection with the alleged discrimination. d. Nepotism
Except by written consent of the City, no person shall be employed by the Subrecipient who is related by blood or marriage or who is a member of the Board of Directors or an officer of the Subrecipient. In the event HUD determines a CDBG-funded Subrecipient’s 7 organization/agency operations violate federal rules and regulations with regard to nepotism and/or conducts business and a conflict of interest issue arises, then Subrecipient shall accept all responsibility to return any CDBG funds received from City.

15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.

16. Amendments
Adjustments in the nature or scope of the program plan set forth in EXHIBIT “A” or changes of any line item within the total approved budget contained in EXHIBIT “B” may be approved in writing by the City Manager, or his designee.

17. Administration
The City of Madera Grants Department shall administer this Agreement.

18. Evaluation
The City shall monitor and evaluate the performance of the Subrecipient under this Agreement to determine to the best possible degree the success or failure of the services provided under this Agreement and the adequacy of the program plan contained in EXHIBIT "A.” The Subrecipient shall participate in evaluation of the program. 8 Subrecipient shall cooperate fully with City, State and Federal agencies, which shall have the right to monitor and audit all work performed under this Agreement.

Subrecipient shall also agree to on-site monitoring and personal interviews of participants, Subrecipient’s staff, and employees by appropriate City staff.

19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.

20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.

21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.

Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.

22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity not a party to this Agreement.
9 23. Indemnification
Subrecipient shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“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 Subrecipient’s performance of its obligations under this agreement or out of the operations conducted by Subrecipient, including the City’s active or passive negligence, 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 Subrecipient’s performance of this agreement, the Subrecipient 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.

24. Independent Contractor
Subrecipient and its subcontractors shall perform this Agreement 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 Subrecipient’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Subrecipient’s employees or subcontractors, any claim or right of action against City.

25. Insurance Requirements for Service Providers
Without limiting Subrecipient’s indemnification of City, and prior to commencement of Work, Subrecipient 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
Subrecipient shall maintain limits no less than:
 $1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 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.
10  Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease.

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

Proof of Insurance
Subrecipient 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.

Primary/Non-Contributary
For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

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.

Enforcement of Contract Provisions (non estoppel)
Service Provider acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Service Provider 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 11 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 Service Provider maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Subrecipient.

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

Additional Insurance
Service Provider 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.

26. Violation of Federal Rules and Regulations
In the event HUD determines a CDBG-funded Subrecipient has violated Federal rules and regulations and HUD requires repayment of CDBG funds, then Subrecipient shall repay any CDBG funds within 90 days of a written request from CITY.

27. General Provisions
a. Entire Agreement
This Agreement constitutes the entire agreement between Subrecipient and City with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications and understandings of any nature whatsoever unless expressly included in this Agreement. 12 b. Notice.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:

To the City:

City of Madera – Grants Division
205 W. 4th St.

Madera, CA 93637
To the Subrecipient:

OLIVE Charitable Organization
1516 Howard Rd #170
Madera, CA 93637
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. c. Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.

This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
///
13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers thereunto duly authorized as set forth below.

CITY OF MADERA: OLIVE Charitable Organization:

By: ___________________________________ By: ______________________________ Cecilia Gallegos, Mayor Executive Director
Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:

By: ___________________________________ By:_________________________________ Alicia Gonzales, City Clerk Shannon Chaffin, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A

COMMUNITY DEVELOPMENT BLOCK GRANT

SCOPE OF WORK
FOR THE 2026-2027 FISCAL YEAR
I. PROJECT NAME: The Bennett House
II. APPLICANT: O.L.I.V.E Charitable Organization
III. PROJECT DESCRIPTION:

The Bennett House provides safe, stable housing for survivors of human trafficking in Madera County. Grant funds will cover rent to ensure the continued operation of this critical service. The program benefits low- to moderate-income individuals by providing secure housing, case management, and supportive services that reduce homelessness, promote recovery, and help survivors achieve long-term self-sufficiency.

IV. FUNDING PROPOSAL:

A. CDBG Funds Requested: $15,000__
B. Projected Completion Date: June 2027
V. ANNUAL GOALS SUPPORTED:

Access to Affordable Housing
Improve Access to Services
Prevent and Reduce
Homelessness
Administration
VI. PRIORITY NEEDS ADDRESSED:

Housing Needs
Community Services
Economic Development
Public Improvements and Public
Infrastructure
Homeless Needs and Services
VII. GOAL OUTCOME INDICATORS
Goal Outcome Indicator Quantity Unit of Measure
Exhibit A
Overnight/Emergency Shelter/
Transitional Housing Beds Added
25 Beds
VIII. CDBG COMMITMENTS:

For applicants who have received CDBG funding in the last three years and/or have an active award.

CDBG Award
Year
Award
Type
Award
Amount
Remaining
Balance
Timeliness
Status
2025-2026 Public
Service
$15,000 $7,500 On Track to Meet
2024-2025 Public
Service
$65,000 $0 Met
2023-2024 Public
Service
$30,000 $474.53 Met
VIIII. CONFORMANCE WITH FEDERAL FUNDING REQUIREMENTS:

A. The proposed project is eligible for CDBG funding as a Public Service project as defined by CFR Section 570.201(e).

B. This activity meets the Federal objective of benefiting low- and moderate-income persons as limited clientele activity under Section 570.208(a)(2) because the program will serve the homeless / at risk community.

X. CONFORMANCE TO CITY PLANS AND POLICIES:

A. City Priority Need Addressed: Public Services
B. Consolidated Plan Conformance: Conforms
Exhibit B
CDBG Program Year 2026/27 Contract Source
Program Name: The Bennet House
Agency Name: OLIVE Charitable Organization
Agency Site Adress: 1516 Howard Rd #170
Agency City, State, Zip: Madera, CA 93637
Agency Phone number: (559) 706-8455
Director Name: April Molina
Director Phone: (559) 706-8455
Project Description:

Measure
of Service Description
Unduplicated
Clients Served
Total
unduplicated
Clients Served
Budget
Budget Line Item Madera Other Funding Program Total
Salaries`
$ -
Benefits $ -
Taxes $ -
Subtotal Personnel $ -
Move-In Assistance
Supplies & Materials
Equipment
Communications
Meetings & Convenings
Travel & Transportation
Goals of Clients to be Served:

Number of Goals:

Goal :
25 Personnel:
*If you need more personnel lines, feel free to add them.

Offer safe and transitional housing, case
management, and victim advocacy to survivors of
human sex trafficking.

Non-Personnel
Training
Consulting
Evaluation
Other Lease $ 15,000.00
Subtotal Non-Personnel $ 15,000.00
Total Personnel & Non-Personnel $ 15,000.00
Indirect Costs
TOTAL $ 15,000.00
Number of Persons Served: 25
Cost per Individual $ 600.00
Application Status Funded
Amount Funded $ 15,000.00
Other Lines needed:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2026/27 COMMUNITY

DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($17,500) WITH UNITED WAY FRESNO AND MADERA COUNTIES
WHEREAS, the City Council has considered approval of the 2026/27 Community Development Block Grant Subrecipient Agreement with United Way Fresno and Madera Counties in the amount of $17,500 (“Agreement”); and
WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.

NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:

1. The recitals listed above are true and correct.

2. The Council approves the Agreement between the City and United Way Fresno and Madera Counties

3. This resolution is effective upon receipt of written confirmation from the U.S.

Department of Housing and Urban Development of the City of Madera Program Year 2026/27 Action Plan approval.

4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.

5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.

6. This resolution is effective immediately upon adoption. *****
1 COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT

BETWEEN THE CITY OF MADERA, AND UNITED WAY FRESNO AND MADERA COUNTIES This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2026, by and between the City of Madera (“City”) and UNITED WAY FRESNO AND MADERA COUNTIES, hereafter referred to as "SUBRECIPIENT."

RECITALS
A. This Agreement sets forth the responsibilities of City and Subrecipient in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as “CDBG”), as amended.

B. The City has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the CITY, and in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California.

C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.

D. Subrecipient agrees to perform the services for CITY hereinafter described, for the compensation, during the term, and otherwise subject to the covenants and conditions hereinafter set forth.

AGREEMENT

1. Services
The Subrecipient shall provide all services and responsibilities as set forth in Scope of Work, which is attached to this Agreement, marked as EXHIBIT "A", and incorporated herein by reference.

2. Funding and Method of Payment
a. Compensation
Payments shall be made after receipt and verification of actual expenditures incurred by the Subrecipient in the performance of this Agreement and shall be documented to the City by the tenth (10th) day of the month following the end of each quarter. Allowable expenditures under this Agreement are specifically established, attached and incorporated by reference as EXHIBIT “B".
2 The total obligation of the City under this Agreement shall not exceed $17,500 in fiscal year 2026- 2027. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.

3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.

4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.

5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable local, State and Federal regulations, including but not limited to those requirements listed in 3 Community Development Block Grant certifications attached hereto and incorporated herein by reference as EXHIBIT “C”.

6. Administrative Requirements/Financial Management/Accounting Standards Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

7. Costs Principles
Subrecipient shall administer its program in conformance with OMB Uniform Guidance.

These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.

Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.

9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2026, and shall end its performance June 30, 2027, unless terminated sooner as provided for elsewhere in this Agreement. The Agreement may be extended by written modification of the parties.

10. Records
a. Record Establishment and Maintenance
Subrecipient shall establish and maintain records in accordance with those requirements prescribed by City, with respect to all matters covered by this Agreement. Subrecipient shall retain all fiscal books, account records, and client files for services performed under this Agreement for at least three (3) years from the date of the final payment under this Agreement or until all State and Federal audits are completed for that fiscal year, whichever is later. Pursuant to State and Federal law, it is the intent of the parties to this Agreement that the Subrecipient shall be reimbursed for actual costs incurred in the performance of this Agreement but that no profit is to accrue to the Subrecipient on account of such performance.

Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records 4 shall include but not be limited to:

1. Records providing a full description of each activity undertaken;

2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;

3. Records required to determine the eligibility of activities;

4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;

5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;

6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and

7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. CDBG Reporting Requirements
Subrecipient shall submit reports to the City at minimum on a quarterly basis. The Subrecipient shall submit reimbursement requests with substantiating evidence justifying such request. Documentation may include invoice copies of paid invoices/receipts, copies of cash receipts or checks used to pay each invoice submitted, copies of timecards and related pay stubs for reimbursement. Timecards must be signed by both the employee and the designated Subrecipient Authorizing Official. Subrecipient shall submit quarterly reports via the City Data System.

TERM PERIOD DURATION DUE DATES
1st Period July 1 - September 30 October 15
2nd Period October 1 - December 31 January 15
3rd Period January 1 - March 31 April 15
4th Period April 1 - June 30 July 15
Subrecipient shall submit quarterly progress reports on the dates listed above. If a due date falls on a weekend or holiday, Subrecipient shall submit invoices and progress reports no later than the next business day.
c. Required Notifications
The Subrecipient shall also furnish to the City such statements, records, reports, data, and information as the City may request pertaining to matters covered by this Agreement. In the event the Subrecipient fails to provide such reports, it shall be deemed sufficient cause for the City to withhold payments until there is compliance. In addition, the Subrecipient shall provide written notification and explanation to the CITY within five (5) days of any funds received from another source to conduct the same services covered by this Agreement.

City shall notify Subrecipient in writing within thirty (30) days of any potential State or 5 Federal exception discovered during an examination. Where findings indicate that program requirements are not being met and State and Federal participation in this program may be imperiled in the event corrections are not accomplished by Subrecipient within thirty (30) days, written notification shall constitute City’s intent to terminate this Agreement.

Subrecipient shall report to City promptly and in written detail, each notice of claim of copyright infringement received by Subrecipient with respect to all subject data delivered under this Agreement. Subrecipient shall not affix any restrictive markings upon any data. If markings are affixed, City shall have the right at any time to modify, remove, obliterate, or ignore such markings.

11. Assignment
Subrecipient may not assign or transfer their obligation of this Agreement or any rights hereunder without the prior written consent of the other party.

12. Subcontracts
If the Subrecipient should propose to subcontract with one or more third parties to carry out a portion of those services described in EXHIBIT "A" insofar as it deems proper or efficient, any such subcontract shall be in writing and approved by the CITY prior to execution and implementation. Any such subcontract, together with all other activities performed, or caused by the Subrecipient, shall not allow compensation greater than the total project budget contained in EXHIBIT "B." An executed copy of any such subcontract shall be submitted to the City before any implementation and shall be retained by the City.

The Subrecipient shall be responsible to the City for the proper performance of any subcontract. Any subcontractor shall be subject to all of the same terms and conditions that the Subrecipient is subject to under this Agreement. No officer or director of the Subrecipient shall have any direct monetary interest in any subcontract made by the Subrecipient. A direct monetary interest contrary to this paragraph shall be deemed to exist, if an officer or director of the Subrecipient is also an owner, officer, or director of a corporation, association, or partnership subcontracting with the Subrecipient.

In addition, if the Subrecipient receives CDBG funds under this Agreement, the subcontractor shall be subject to CDBG federal regulations, including those listed in EXHIBIT "C".

13. Conflict of Interest
No officer, employee, or agent of the City who exercises any function or responsibility for planning and carrying out of the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. The Subrecipient shall comply with the provisions of 24 CFR 570.611 with respect to conflicts of interest and covenants hat it presently has no financial interest, direct or indirect, which would conflict in any manger or degree with 6 the performance of this Agreement. The Subrecipient further covenants that in the performance of this Agreement, no person having such a financial interest shall be employed or retained by Subrecipient.

14. Discrimination
a. Eligibility for Services
The Subrecipient shall prepare and make available to the CITY and to the public all eligibility requirements to participate in the program plan set forth in EXHIBIT "A." No person shall, on the grounds of race, color, national origin, sex, religion, age, or disability status, be excluded from participation in, and denied the benefits of, or be subjected to discrimination with respect to the services funded under this Agreement.

The Subrecipient’s services shall be accessible to the physically disabled, and the services of a translator, signer or assistive listening device shall be made available. Subrecipient, in its marketing materials, shall specify assistance to access its services is available for deaf and hardof-hearing persons by calling 711 or 1-800-735-2929 and, for voice users, 1-866-735-2922 for TTY Relay Services. Subrecipient shall comply with requirements set forth in the Accessibility for Persons with Disabilities to Non-Housing Programs funded by Community Development Block Grant Funds – Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, and the Architectural Barriers Act.
b. Employment Opportunity
The Subrecipient shall comply with the CITY policy, the Community Development Block Grant regulations, and the Equal Employment Commission guidelines, which forbids discrimination against any person on the grounds of race, color, national origin, sex, religion, age, familial status, disability status, or any other status protected by law in employment practices. Such practices include retirement, recruitment advertising, hiring, layoff, termination, upgrading, demotion, transfer, rates of pay or other forms of compensation, use of facilities, and other terms and conditions of employment.
c. Suspension of Compensation
If an allegation of discrimination occurs, the City shall withhold all further funds until the Subrecipient can show by clear and convincing evidence to the satisfaction of the City that funds provided under this Agreement were not used in connection with the alleged discrimination. d. Nepotism
Except by written consent of the City, no person shall be employed by the Subrecipient who is related by blood or marriage or who is a member of the Board of Directors or an officer of the Subrecipient. In the event HUD determines a CDBG-funded Subrecipient’s 7 organization/agency operations violate federal rules and regulations with regard to nepotism and/or conducts business and a conflict of interest issue arises, then Subrecipient shall accept all responsibility to return any CDBG funds received from City.

15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.

16. Amendments
Adjustments in the nature or scope of the program plan set forth in EXHIBIT “A” or changes of any line item within the total approved budget contained in EXHIBIT “B” may be approved in writing by the City Manager, or his designee.

17. Administration
The City of Madera Grants Department shall administer this Agreement.

18. Evaluation
The City shall monitor and evaluate the performance of the Subrecipient under this Agreement to determine to the best possible degree the success or failure of the services provided under this Agreement and the adequacy of the program plan contained in EXHIBIT "A.” The Subrecipient shall participate in evaluation of the program. 8 Subrecipient shall cooperate fully with City, State and Federal agencies, which shall have the right to monitor and audit all work performed under this Agreement.

Subrecipient shall also agree to on-site monitoring and personal interviews of participants, Subrecipient’s staff, and employees by appropriate City staff.

19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.

20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.

21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.

Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.

22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity not a party to this Agreement.
9 23. Indemnification
Subrecipient shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“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 Subrecipient’s performance of its obligations under this agreement or out of the operations conducted by Subrecipient, including the City’s active or passive negligence, 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 Subrecipient’s performance of this agreement, the Subrecipient 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.

24. Independent Contractor
Subrecipient and its subcontractors shall perform this Agreement 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 Subrecipient’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Subrecipient’s employees or subcontractors, any claim or right of action against City.

25. Insurance Requirements for Service Providers
Without limiting Subrecipient’s indemnification of City, and prior to commencement of Work, Subrecipient 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
Subrecipient shall maintain limits no less than:
 $1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 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.
10  Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease.

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

Proof of Insurance
Subrecipient 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.

Primary/Non-Contributary
For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

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.

Enforcement of Contract Provisions (non estoppel)
Service Provider acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Service Provider 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 11 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 Service Provider maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Subrecipient.

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

Additional Insurance
Service Provider 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.

26. Violation of Federal Rules and Regulations
In the event HUD determines a CDBG-funded Subrecipient has violated Federal rules and regulations and HUD requires repayment of CDBG funds, then Subrecipient shall repay any CDBG funds within 90 days of a written request from CITY.

27. General Provisions
a. Entire Agreement
This Agreement constitutes the entire agreement between Subrecipient and City with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications and understandings of any nature whatsoever unless expressly included in this Agreement. 12 b. Notice.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:

To the City:

City of Madera – Grants Division
205 W. 4th St.

Madera, CA 93637
To the Subrecipient:

United Way Fresno and Madera Counties
4949 E. Cesar Chavez Blvd.

Fresno, CA 93727
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. c. Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.

This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
///
13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers thereunto duly authorized as set forth below.

CITY OF MADERA: UNITED WAY FRESNO AND MADERA COUNTIES:

By: ___________________________________ By: ______________________________ Cecilia Gallegos, Mayor Executive Director
Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:

By: ___________________________________ By:_________________________________ Alicia Gonzales, City Clerk Shannon Chaffin, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A

COMMUNITY DEVELOPMENT BLOCK GRANT

SCOPE OF WORK
FOR THE 2026-2027 FISCAL YEAR
I. PROJECT NAME: Community-based Navigation and Support II. APPLICANT: United Way Fresno and Madera Counties
III. PROJECT DESCRIPTION:

United Way Fresno & Madera Counties will provide service navigation and follow-up support to low- and moderate-income residents of the City of Madera through community health workers. CHWs will deliver outreach, assessment, warm referrals, and follow-up, connecting clients to housing stability and homelessness prevention services, credit repair, financial literacy, job readiness, utility help, employment supports to reduce barriers, prevent crisis, and improve stability and economic well-being.

IV. FUNDING PROPOSAL:

A. CDBG Funds Requested: $50,000 __
B. Projected Completion Date: June 2027
V. ANNUAL GOALS SUPPORTED:

Access to Affordable Housing
Improve Access to Services
Prevent and Reduce Homelessness
Administration
VI. PRIORITY NEEDS ADDRESSED:

Housing Needs
Community Services
Economic Development
Public Improvements and Public Infrastructure
Homeless Needs and Services
VII. GOAL OUTCOME INDICATORS
Goal Outcome Indicator Quantity Unit of Measure
Homeless Prevention 150 Persons Assisted
Exhibit A
VIII. CDBG COMMITMENTS:

For applicants who have received CDBG funding in the last three years and/or have an active award.

CDBG Award
Year
Award
Type
Award
Amount
Remaining
Balance
Timeliness
Status
N/A
VIIII. CONFORMANCE WITH FEDERAL FUNDING REQUIREMENTS:

A. The proposed project is eligible for CDBG funding as a Public Service project as defined by CFR Section 570.201(e).

B. This activity meets the Federal objective of benefiting low- and moderate-income persons as limited clientele activity under Section 570.208(a)(2) because the program will serve the homeless / at risk community.

X. CONFORMANCE TO CITY PLANS AND POLICIES:

A. City Priority Need Addressed: Public Services
B. Consolidated Plan Conformance: Conforms
Exhibit B
CDBG Program Year 2026/27 Contract Source
Program Name:

Agency Name: United Way Fresno and Madera Counties
Agency Site Adress: 4949 E. Cesar Chavez
Agency City, State, Zip: Fresno, CA 93727
Agency Phone number: (559) 243-3677
Director Name: Stephanie Nathan
Director Phone: (559) 709-8040
Project Description:

Measure
of Service Description
Unduplicated
Clients Served
Total
unduplicated
Clients Served
Budget
Budget Line Item Madera Other Funding Program Total
Staff $ 9,500.00
$ -
Benefits $ 500.00
Taxes $ -
Subtotal Personnel $ 10,000.00
Move-In Assistance
Operating
Equipment
Communications
Meetings & Convenings
Travel & Transportation
Goals of Clients to be Served:

Number of Goals:

Goal :
150
Personnel:
*If you need more personnel lines, feel free to add them.

Community service navigation.

Non-Personnel
Training
Consulting
Evaluation
Other $ 7,500.00
Subtotal Non-Personnel $ 7,500.00
Total Personnel & Non-Personnel $ 17,500.00
Indirect Costs
TOTAL $ 17,500.00
Number of Persons Served: 150
Cost per Individual $ 116.67
Application Status Funded
Amount Funded $ 17,500.00
Other Lines needed:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2026/27 COMMUNITY

DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($43,468) WITH MADERA COUNTY FOOD BANK
WHEREAS, the City Council has considered approval of the 2026/27 Community Development Block Grant Subrecipient Agreement with Madera County Food Bank in the amount of $43,468 (“Agreement”); and
WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.

NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:

1. The recitals listed above are true and correct.

2. The Council approvesthe Agreement between Madera County Food Bank.

3. This resolution is effective upon receipt of written confirmation from the U.S.

Department of Housing and Urban Development of the City of Madera Program Year 2026/27 Action Plan approval.

4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.

5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.

6. This resolution is effective immediately upon adoption. *****
1 COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT

BETWEEN THE CITY OF MADERA, AND THE MADERA COUNTY FOOD BANK This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2026, by and between the City of Madera (“City”) and Madera County Food Bank, hereafter referred to as "SUBRECIPIENT."

RECITALS
A. This Agreement sets forth the responsibilities of City and Subrecipient in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as “CDBG”), as amended.

B. The City has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the CITY, and in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California.

C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.

D. Subrecipient agrees to perform the services for CITY hereinafter described, for the compensation, during the term, and otherwise subject to the covenants and conditions hereinafter set forth.

AGREEMENT

1. Services
The Subrecipient shall provide all services and responsibilities as set forth in Scope of Work, which is attached to this Agreement, marked as EXHIBIT "A", and incorporated herein by reference.

2. Funding and Method of Payment
a. Compensation
Payments shall be made after receipt and verification of actual expenditures incurred by the Subrecipient in the performance of this Agreement and shall be documented to the City by the tenth (10th) day of the month following the end of each quarter. Allowable expenditures under this Agreement are specifically established, attached and incorporated by reference as EXHIBIT “B".
2 The total obligation of the City under this Agreement shall not exceed $43,468 in fiscal year 2026- 2027. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.

3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.

4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.

5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable local, State and Federal regulations, including but not limited to those requirements listed in 3 Community Development Block Grant certifications attached hereto and incorporated herein by reference as EXHIBIT “C”.

6. Administrative Requirements/Financial Management/Accounting Standards Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

7. Costs Principles
Subrecipient shall administer its program in conformance with OMB Uniform Guidance.

These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.

Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.

9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2026, and shall end its performance June 30, 2027, unless terminated sooner as provided for elsewhere in this Agreement. The Agreement may be extended by written modification of the parties.

10. Records
a. Record Establishment and Maintenance
Subrecipient shall establish and maintain records in accordance with those requirements prescribed by City, with respect to all matters covered by this Agreement. Subrecipient shall retain all fiscal books, account records, and client files for services performed under this Agreement for at least three (3) years from the date of the final payment under this Agreement or until all State and Federal audits are completed for that fiscal year, whichever is later. Pursuant to State and Federal law, it is the intent of the parties to this Agreement that the Subrecipient shall be reimbursed for actual costs incurred in the performance of this Agreement but that no profit is to accrue to the Subrecipient on account of such performance.

Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records 4 shall include but not be limited to:

1. Records providing a full description of each activity undertaken;

2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;

3. Records required to determine the eligibility of activities;

4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;

5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;

6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and

7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. CDBG Reporting Requirements
Subrecipient shall submit reports to the City at minimum on a quarterly basis. The Subrecipient shall submit reimbursement requests with substantiating evidence justifying such request. Documentation may include invoice copies of paid invoices/receipts, copies of cash receipts or checks used to pay each invoice submitted, copies of timecards and related pay stubs for reimbursement. Timecards must be signed by both the employee and the designated Subrecipient Authorizing Official. Subrecipient shall submit quarterly reports via the City Data System.

TERM PERIOD DURATION DUE DATES
1st Period July 1 - September 30 October 15
2nd Period October 1 - December 31 January 15
3rd Period January 1 - March 31 April 15
4th Period April 1 - June 30 July 15
Subrecipient shall submit quarterly progress reports on the dates listed above. If a due date falls on a weekend or holiday, Subrecipient shall submit invoices and progress reports no later than the next business day.
c. Required Notifications
The Subrecipient shall also furnish to the City such statements, records, reports, data, and information as the City may request pertaining to matters covered by this Agreement. In the event the Subrecipient fails to provide such reports, it shall be deemed sufficient cause for the City to withhold payments until there is compliance. In addition, the Subrecipient shall provide written notification and explanation to the CITY within five (5) days of any funds received from another source to conduct the same services covered by this Agreement.

City shall notify Subrecipient in writing within thirty (30) days of any potential State or 5 Federal exception discovered during an examination. Where findings indicate that program requirements are not being met and State and Federal participation in this program may be imperiled in the event corrections are not accomplished by Subrecipient within thirty (30) days, written notification shall constitute City’s intent to terminate this Agreement.

Subrecipient shall report to City promptly and in written detail, each notice of claim of copyright infringement received by Subrecipient with respect to all subject data delivered under this Agreement. Subrecipient shall not affix any restrictive markings upon any data. If markings are affixed, City shall have the right at any time to modify, remove, obliterate, or ignore such markings.

11. Assignment
Subrecipient may not assign or transfer their obligation of this Agreement or any rights hereunder without the prior written consent of the other party.

12. Subcontracts
If the Subrecipient should propose to subcontract with one or more third parties to carry out a portion of those services described in EXHIBIT "A" insofar as it deems proper or efficient, any such subcontract shall be in writing and approved by the CITY prior to execution and implementation. Any such subcontract, together with all other activities performed, or caused by the Subrecipient, shall not allow compensation greater than the total project budget contained in EXHIBIT "B." An executed copy of any such subcontract shall be submitted to the City before any implementation and shall be retained by the City.

The Subrecipient shall be responsible to the City for the proper performance of any subcontract. Any subcontractor shall be subject to all of the same terms and conditions that the Subrecipient is subject to under this Agreement. No officer or director of the Subrecipient shall have any direct monetary interest in any subcontract made by the Subrecipient. A direct monetary interest contrary to this paragraph shall be deemed to exist, if an officer or director of the Subrecipient is also an owner, officer, or director of a corporation, association, or partnership subcontracting with the Subrecipient.

In addition, if the Subrecipient receives CDBG funds under this Agreement, the subcontractor shall be subject to CDBG federal regulations, including those listed in EXHIBIT "C".

13. Conflict of Interest
No officer, employee, or agent of the City who exercises any function or responsibility for planning and carrying out of the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. The Subrecipient shall comply with the provisions of 24 CFR 570.611 with respect to conflicts of interest and covenants hat it presently has no financial interest, direct or indirect, which would conflict in any manger or degree with 6 the performance of this Agreement. The Subrecipient further covenants that in the performance of this Agreement, no person having such a financial interest shall be employed or retained by Subrecipient.

14. Discrimination
a. Eligibility for Services
The Subrecipient shall prepare and make available to the CITY and to the public all eligibility requirements to participate in the program plan set forth in EXHIBIT "A." No person shall, on the grounds of race, color, national origin, sex, religion, age, or disability status, be excluded from participation in, and denied the benefits of, or be subjected to discrimination with respect to the services funded under this Agreement.

The Subrecipient’s services shall be accessible to the physically disabled, and the services of a translator, signer or assistive listening device shall be made available. Subrecipient, in its marketing materials, shall specify assistance to access its services is available for deaf and hardof-hearing persons by calling 711 or 1-800-735-2929 and, for voice users, 1-866-735-2922 for TTY Relay Services. Subrecipient shall comply with requirements set forth in the Accessibility for Persons with Disabilities to Non-Housing Programs funded by Community Development Block Grant Funds – Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, and the Architectural Barriers Act.
b. Employment Opportunity
The Subrecipient shall comply with the CITY policy, the Community Development Block Grant regulations, and the Equal Employment Commission guidelines, which forbids discrimination against any person on the grounds of race, color, national origin, sex, religion, age, familial status, disability status, or any other status protected by law in employment practices. Such practices include retirement, recruitment advertising, hiring, layoff, termination, upgrading, demotion, transfer, rates of pay or other forms of compensation, use of facilities, and other terms and conditions of employment.
c. Suspension of Compensation
If an allegation of discrimination occurs, the City shall withhold all further funds until the Subrecipient can show by clear and convincing evidence to the satisfaction of the City that funds provided under this Agreement were not used in connection with the alleged discrimination. d. Nepotism
Except by written consent of the City, no person shall be employed by the Subrecipient who is related by blood or marriage or who is a member of the Board of Directors or an officer of the Subrecipient. In the event HUD determines a CDBG-funded Subrecipient’s 7 organization/agency operations violate federal rules and regulations with regard to nepotism and/or conducts business and a conflict of interest issue arises, then Subrecipient shall accept all responsibility to return any CDBG funds received from City.

15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.

16. Amendments
Adjustments in the nature or scope of the program plan set forth in EXHIBIT “A” or changes of any line item within the total approved budget contained in EXHIBIT “B” may be approved in writing by the City Manager, or his designee.

17. Administration
The City of Madera Grants Department shall administer this Agreement.

18. Evaluation
The City shall monitor and evaluate the performance of the Subrecipient under this Agreement to determine to the best possible degree the success or failure of the services provided under this Agreement and the adequacy of the program plan contained in EXHIBIT "A.” The Subrecipient shall participate in evaluation of the program. 8 Subrecipient shall cooperate fully with City, State and Federal agencies, which shall have the right to monitor and audit all work performed under this Agreement.

Subrecipient shall also agree to on-site monitoring and personal interviews of participants, Subrecipient’s staff, and employees by appropriate City staff.

19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.

20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.

21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.

Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.

22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity not a party to this Agreement.
9 23. Indemnification
Subrecipient shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“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 Subrecipient’s performance of its obligations under this agreement or out of the operations conducted by Subrecipient, including the City’s active or passive negligence, 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 Subrecipient’s performance of this agreement, the Subrecipient 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.

24. Independent Contractor
Subrecipient and its subcontractors shall perform this Agreement 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 Subrecipient’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Subrecipient’s employees or subcontractors, any claim or right of action against City.

25. Insurance Requirements for Service Providers
Without limiting Subrecipient’s indemnification of City, and prior to commencement of Work, Subrecipient 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
Subrecipient shall maintain limits no less than:
 $1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 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.
10  Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease.

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

Proof of Insurance
Subrecipient 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.

Primary/Non-Contributary
For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

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.

Enforcement of Contract Provisions (non estoppel)
Service Provider acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Service Provider 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 11 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 Service Provider maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Subrecipient.

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

Additional Insurance
Service Provider 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.

26. Violation of Federal Rules and Regulations
In the event HUD determines a CDBG-funded Subrecipient has violated Federal rules and regulations and HUD requires repayment of CDBG funds, then Subrecipient shall repay any CDBG funds within 90 days of a written request from CITY.

27. General Provisions
a. Entire Agreement
This Agreement constitutes the entire agreement between Subrecipient and City with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications and understandings of any nature whatsoever unless expressly included in this Agreement. 12 b. Notice.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:

To the City:

City of Madera – Grants Division
205 W. 4th St.

Madera, CA 93637
To the Subrecipient:

Madera County Food Bank
1055 Knox Road
Madera, CA 93638
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. c. Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.

This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
///
13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers thereunto duly authorized as set forth below.

CITY OF MADERA: Madera County Food Bank:

By: ___________________________________ By: ______________________________ Cecilia Gallegos, Mayor Executive Director
Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:

By: ___________________________________ By:_________________________________ Alicia Gonzales, City Clerk Shannon Chaffin, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A

COMMUNITY DEVELOPMENT BLOCK GRANT

SCOPE OF WORK
FOR THE 2026-2027 FISCAL YEAR
I. PROJECT NAME: Madera County Food Access & Family Support Project II. APPLICANT: Madera County Food Bank
III. PROJECT DESCRIPTION:

The program proposes to expand food access for low- and moderate-income residents across nine neighborhoods. Funding will support food distribution for up to 30,000 people in eligible census tracts. The project reduces food insecurity, supports mothers and children, the homeless, seniors, and families experiencing disability.

IV. FUNDING PROPOSAL:

A. CDBG Funds Requested: $150,000__
B. Projected Completion Date: June 2027
V. ANNUAL GOALS SUPPORTED:

Access to Affordable Housing
Improve Access to Services
Prevent and Reduce
Homelessness
Administration
VI. PRIORITY NEEDS ADDRESSED:

Housing Needs
Community Services
Economic Development
Public Improvements and Public
Infrastructure
Homeless Needs and Services
Exhibit A
VII. GOAL OUTCOME INDICATORS
Goal Outcome Indicator Quantity Unit of Measure
Overnight/Emergency Shelter/
Transitional Housing Beds Added
30,000 Persons
Asssisted
VIII. CDBG COMMITMENTS:

For applicants who have received CDBG funding in the last three years and/or have an active award.

CDBG Award
Year
Award
Type
Award
Amount
Remaining
Balance
Timeliness
Status
N/A t
VIIII. CONFORMANCE WITH FEDERAL FUNDING REQUIREMENTS:

A. The proposed project is eligible for CDBG funding as a Public Service project as defined by CFR Section 570.201(e).

B. This activity meets the Federal objective of benefiting low- and moderate-income persons as limited clientele activity under Section 570.208(a)(2) because the program will serve the homeless / at risk community.

X. CONFORMANCE TO CITY PLANS AND POLICIES:

A. City Priority Need Addressed: Public Services
B. Consolidated Plan Conformance: Conforms
Exhibit B
CDBG Program Year 2026/27 Contract Source
Program Name:

Agency Name: Madera County Food Bank
Agency Site Adress: 1055 Knox Road
Agency City, State, Zip: Madera, CA 93638
Agency Phone number: (559) 674-1482
Director Name: Ryan McWherter
Director Phone: (559)674-1482
Project Description:

Measure
of Service Description
Unduplicated
Clients Served
Total
unduplicated
Clients Served
Budget
Budget Line Item Madera Other Funding Program Total
Salaries` $ 8,694.00
$ -
Benefits $ -
Taxes $ -
Subtotal Personnel $ 8,694.00
Move-In Assistance
Supplies & Materials $ 34,774.00
Equipment
Communications
Meetings & Convenings
Travel & Transportation
Training
Expand Food acccess for low-moderate income
residents in the City of Madera.

Non-Personnel
Goals of Clients to be Served:

Number of Goals:

Goal :
30,000
Personnel:
*If you need more personnel lines, feel free to add them.

Consulting
Evaluation
Other
Subtotal Non-Personnel $ 34,774.00
Total Personnel & Non-Personnel $ 43,468.00
Indirect Costs
TOTAL $ 43,468.00
Number of Persons Served: 30000
Cost per Individual $ 1.45
Application Status Funded
Amount Funded $ 43,468.00
Other Lines needed:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2026/27 COMMUNITY

DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($30,000) WITH CITY OF MADERA, PARKS DEPARTMENT
WHEREAS, the City Council has considered approval of the 2026/27 Community Development Block Grant Subrecipient Agreement with the City of Madera Parks Department in the amount of $30,000 (“Agreement”); and
WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.

NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:

1. The recitals listed above are true and correct.

2. The Council approves the Agreement between the City and the City of Madera Parks Department.

3. This resolution is effective upon receipt of written confirmation from the U.S.

Department of Housing and Urban Development of the City of Madera Program Year 2026/27 Action Plan approval.

4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.

5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.

6. This resolution is effective immediately upon adoption. *****
1 COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT

BETWEEN THE CITY OF MADERA, AND THE CITY OF MADERA PARKS DEPARTMENT This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2026, by and between the City of Madera (“City”) and CITY OF MADERA PARKS DEPARTMENT, hereafter referred to as "SUBRECIPIENT."

RECITALS
A. This Agreement sets forth the responsibilities of City and Subrecipient in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as “CDBG”), as amended.

B. The City has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the CITY, and in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California.

C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.

D. Subrecipient agrees to perform the services for CITY hereinafter described, for the compensation, during the term, and otherwise subject to the covenants and conditions hereinafter set forth.

AGREEMENT

1. Services
The Subrecipient shall provide all services and responsibilities as set forth in Scope of Work, which is attached to this Agreement, marked as EXHIBIT "A", and incorporated herein by reference.

2. Funding and Method of Payment
a. Compensation
Payments shall be made after receipt and verification of actual expenditures incurred by the Subrecipient in the performance of this Agreement and shall be documented to the City by the tenth (10th) day of the month following the end of each quarter. Allowable expenditures under this Agreement are specifically established, attached and incorporated by reference as EXHIBIT “B".
2 The total obligation of the City under this Agreement shall not exceed $30,000 in fiscal year 2026- 2027. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.

3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.

4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.

5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable local, State and Federal regulations, including but not limited to those requirements listed in 3 Community Development Block Grant certifications attached hereto and incorporated herein by reference as EXHIBIT “C”.

6. Administrative Requirements/Financial Management/Accounting Standards Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

7. Costs Principles
Subrecipient shall administer its program in conformance with OMB Uniform Guidance.

These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.

Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.

9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2026, and shall end its performance June 30, 2027, unless terminated sooner as provided for elsewhere in this Agreement. The Agreement may be extended by written modification of the parties.

10. Records
a. Record Establishment and Maintenance
Subrecipient shall establish and maintain records in accordance with those requirements prescribed by City, with respect to all matters covered by this Agreement. Subrecipient shall retain all fiscal books, account records, and client files for services performed under this Agreement for at least three (3) years from the date of the final payment under this Agreement or until all State and Federal audits are completed for that fiscal year, whichever is later. Pursuant to State and Federal law, it is the intent of the parties to this Agreement that the Subrecipient shall be reimbursed for actual costs incurred in the performance of this Agreement but that no profit is to accrue to the Subrecipient on account of such performance.

Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records 4 shall include but not be limited to:

1. Records providing a full description of each activity undertaken;

2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;

3. Records required to determine the eligibility of activities;

4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;

5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;

6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and

7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. CDBG Reporting Requirements
Subrecipient shall submit reports to the City at minimum on a quarterly basis. The Subrecipient shall submit reimbursement requests with substantiating evidence justifying such request. Documentation may include invoice copies of paid invoices/receipts, copies of cash receipts or checks used to pay each invoice submitted, copies of timecards and related pay stubs for reimbursement. Timecards must be signed by both the employee and the designated Subrecipient Authorizing Official. Subrecipient shall submit quarterly reports via the City Data System.

TERM PERIOD DURATION DUE DATES
1st Period July 1 - September 30 October 15
2nd Period October 1 - December 31 January 15
3rd Period January 1 - March 31 April 15
4th Period April 1 - June 30 July 15
Subrecipient shall submit quarterly progress reports on the dates listed above. If a due date falls on a weekend or holiday, Subrecipient shall submit invoices and progress reports no later than the next business day.
c. Required Notifications
The Subrecipient shall also furnish to the City such statements, records, reports, data, and information as the City may request pertaining to matters covered by this Agreement. In the event the Subrecipient fails to provide such reports, it shall be deemed sufficient cause for the City to withhold payments until there is compliance. In addition, the Subrecipient shall provide written notification and explanation to the CITY within five (5) days of any funds received from another source to conduct the same services covered by this Agreement.

City shall notify Subrecipient in writing within thirty (30) days of any potential State or 5 Federal exception discovered during an examination. Where findings indicate that program requirements are not being met and State and Federal participation in this program may be imperiled in the event corrections are not accomplished by Subrecipient within thirty (30) days, written notification shall constitute City’s intent to terminate this Agreement.

Subrecipient shall report to City promptly and in written detail, each notice of claim of copyright infringement received by Subrecipient with respect to all subject data delivered under this Agreement. Subrecipient shall not affix any restrictive markings upon any data. If markings are affixed, City shall have the right at any time to modify, remove, obliterate, or ignore such markings.

11. Assignment
Subrecipient may not assign or transfer their obligation of this Agreement or any rights hereunder without the prior written consent of the other party.

12. Subcontracts
If the Subrecipient should propose to subcontract with one or more third parties to carry out a portion of those services described in EXHIBIT "A" insofar as it deems proper or efficient, any such subcontract shall be in writing and approved by the CITY prior to execution and implementation. Any such subcontract, together with all other activities performed, or caused by the Subrecipient, shall not allow compensation greater than the total project budget contained in EXHIBIT "B." An executed copy of any such subcontract shall be submitted to the City before any implementation and shall be retained by the City.

The Subrecipient shall be responsible to the City for the proper performance of any subcontract. Any subcontractor shall be subject to all of the same terms and conditions that the Subrecipient is subject to under this Agreement. No officer or director of the Subrecipient shall have any direct monetary interest in any subcontract made by the Subrecipient. A direct monetary interest contrary to this paragraph shall be deemed to exist, if an officer or director of the Subrecipient is also an owner, officer, or director of a corporation, association, or partnership subcontracting with the Subrecipient.

In addition, if the Subrecipient receives CDBG funds under this Agreement, the subcontractor shall be subject to CDBG federal regulations, including those listed in EXHIBIT "C".

13. Conflict of Interest
No officer, employee, or agent of the City who exercises any function or responsibility for planning and carrying out of the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. The Subrecipient shall comply with the provisions of 24 CFR 570.611 with respect to conflicts of interest and covenants hat it presently has no financial interest, direct or indirect, which would conflict in any manger or degree with 6 the performance of this Agreement. The Subrecipient further covenants that in the performance of this Agreement, no person having such a financial interest shall be employed or retained by Subrecipient.

14. Discrimination
a. Eligibility for Services
The Subrecipient shall prepare and make available to the CITY and to the public all eligibility requirements to participate in the program plan set forth in EXHIBIT "A." No person shall, on the grounds of race, color, national origin, sex, religion, age, or disability status, be excluded from participation in, and denied the benefits of, or be subjected to discrimination with respect to the services funded under this Agreement.

The Subrecipient’s services shall be accessible to the physically disabled, and the services of a translator, signer or assistive listening device shall be made available. Subrecipient, in its marketing materials, shall specify assistance to access its services is available for deaf and hardof-hearing persons by calling 711 or 1-800-735-2929 and, for voice users, 1-866-735-2922 for TTY Relay Services. Subrecipient shall comply with requirements set forth in the Accessibility for Persons with Disabilities to Non-Housing Programs funded by Community Development Block Grant Funds – Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, and the Architectural Barriers Act.
b. Employment Opportunity
The Subrecipient shall comply with the CITY policy, the Community Development Block Grant regulations, and the Equal Employment Commission guidelines, which forbids discrimination against any person on the grounds of race, color, national origin, sex, religion, age, familial status, disability status, or any other status protected by law in employment practices. Such practices include retirement, recruitment advertising, hiring, layoff, termination, upgrading, demotion, transfer, rates of pay or other forms of compensation, use of facilities, and other terms and conditions of employment.
c. Suspension of Compensation
If an allegation of discrimination occurs, the City shall withhold all further funds until the Subrecipient can show by clear and convincing evidence to the satisfaction of the City that funds provided under this Agreement were not used in connection with the alleged discrimination. d. Nepotism
Except by written consent of the City, no person shall be employed by the Subrecipient who is related by blood or marriage or who is a member of the Board of Directors or an officer of the Subrecipient. In the event HUD determines a CDBG-funded Subrecipient’s 7 organization/agency operations violate federal rules and regulations with regard to nepotism and/or conducts business and a conflict of interest issue arises, then Subrecipient shall accept all responsibility to return any CDBG funds received from City.

15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.

16. Amendments
Adjustments in the nature or scope of the program plan set forth in EXHIBIT “A” or changes of any line item within the total approved budget contained in EXHIBIT “B” may be approved in writing by the City Manager, or his designee.

17. Administration
The City of Madera Grants Department shall administer this Agreement.

18. Evaluation
The City shall monitor and evaluate the performance of the Subrecipient under this Agreement to determine to the best possible degree the success or failure of the services provided under this Agreement and the adequacy of the program plan contained in EXHIBIT "A.” The Subrecipient shall participate in evaluation of the program. 8 Subrecipient shall cooperate fully with City, State and Federal agencies, which shall have the right to monitor and audit all work performed under this Agreement.

Subrecipient shall also agree to on-site monitoring and personal interviews of participants, Subrecipient’s staff, and employees by appropriate City staff.

19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.

20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.

21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.

Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.

22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity not a party to this Agreement.
9 23. Indemnification
Subrecipient shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“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 Subrecipient’s performance of its obligations under this agreement or out of the operations conducted by Subrecipient, including the City’s active or passive negligence, 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 Subrecipient’s performance of this agreement, the Subrecipient 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.

24. Independent Contractor
Subrecipient and its subcontractors shall perform this Agreement 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 Subrecipient’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Subrecipient’s employees or subcontractors, any claim or right of action against City.

25. Insurance Requirements for Service Providers
Without limiting Subrecipient’s indemnification of City, and prior to commencement of Work, Subrecipient 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
Subrecipient shall maintain limits no less than:
 $1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 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.
10  Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease.

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

Proof of Insurance
Subrecipient 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.

Primary/Non-Contributary
For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

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.

Enforcement of Contract Provisions (non estoppel)
Service Provider acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Service Provider 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 11 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 Service Provider maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Subrecipient.

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

Additional Insurance
Service Provider 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.

26. Violation of Federal Rules and Regulations
In the event HUD determines a CDBG-funded Subrecipient has violated Federal rules and regulations and HUD requires repayment of CDBG funds, then Subrecipient shall repay any CDBG funds within 90 days of a written request from CITY.

27. General Provisions
a. Entire Agreement
This Agreement constitutes the entire agreement between Subrecipient and City with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications and understandings of any nature whatsoever unless expressly included in this Agreement. 12 b. Notice.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:

To the City:

City of Madera – Grants Division
205 W. 4th St.

Madera, CA 93637
To the Subrecipient:

City of Madera – Parks Department
701 E. 5th Street
Madera, CA 93638
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. c. Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.

This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
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13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers thereunto duly authorized as set forth below.

CITY OF MADERA: City of Madera Parks Department:

By: ___________________________________ By: ______________________________ Cecilia Gallegos, Mayor Executive Director
Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:

By: ___________________________________ By:_________________________________ Alicia Gonzales, City Clerk Shannon Chaffin, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A

COMMUNITY DEVELOPMENT BLOCK GRANT

SCOPE OF WORK
FOR THE 2026-2027 FISCAL YEAR
I. PROJECT NAME: Madera Seniors Nutrition & Recreation Programs II. APPLICANT: Madera Parks & Community Services Dept.

III. PROJECT DESCRIPTION:

For over 40 years, the City of Madera Parks & Community Services Department has been dedicated to enhancing the quality of life for Madera senior citizens aged 60+. The department offers a variety of services and programs to the diverse needs of the senior community. Key facilities such as the Frank Bergon Senior Center and the Pan-American Community Center serve as central hubs.

IV. FUNDING PROPOSAL:

A. CDBG Funds Requested: $65,000 __
B. Projected Completion Date: June 2027
V. ANNUAL GOALS SUPPORTED:

Access to Affordable Housing
Improve Access to Services
Prevent and Reduce Homelessness
Administration
VI. PRIORITY NEEDS ADDRESSED:

Housing Needs
Community Services
Economic Development
Public Improvements and Public Infrastructure
Homeless Needs and Services
VII. GOAL OUTCOME INDICATORS
Goal Outcome Indicator Quantity Unit of Measure
Public Service other than Low/Moderate
Income Housing Benefit
500 Persons Assisted
VIII. CDBG COMMITMENTS:

Exhibit A
For applicants who have received CDBG funding in the last three years and/or have an active award.

CDBG Award
Year
Award
Type
Award
Amount
Remaining
Balance
Timeliness
Status
2025-2026 Public
Service
$40,022.45 $33,663.29 On Track to Meet
2024-2025 Public
Service
$65,000 $0 Met
2023-2024 Public
Service
$30,000 $5.25 Met
VIIII. CONFORMANCE WITH FEDERAL FUNDING REQUIREMENTS:

A. The proposed project is eligible for CDBG funding as a Public Service project as defined by CFR Section 570.201(e).

B. This activity meets the Federal objective of benefiting low- and moderate-income persons as limited clientele activity under Section 570.208(a)(2) because the program will serve elderly persons.

X. CONFORMANCE TO CITY PLANS AND POLICIES:

A. City Priority Need Addressed: Public Services
B. Consolidated Plan Conformance: Conforms
Exhibit B
CDBG Program Year 2026/27 Contract Source
Program Name:

Agency Name: City Parks Department
Agency Site Adress: 701 E. 5th St.

Agency City, State, Zip: Madera, CA 93638
Agency Phone number: (559) 661-5426
Director Name: Joseph Hebert
Director Phone: (559) 661-5495
Project Description:

Measure
of Service Description
Unduplicated
Clients Served
Total
unduplicated
Clients Served
Budget
Budget Line Item Madera Other Funding Program Total
$ -
Benefits $ -
Taxes $ -
Subtotal Personnel $ -
Move-In Assistance
Supplies & Materials $ 23,000.00
Equipment
Communications
Meetings & Convenings
Travel & Transportation $ 5,000.00
Goals of Clients to be Served:

Number of Goals:

Goal :
500
Personnel:
*If you need more personnel lines, feel free to add them.

Senior Services Nutrition Program
Non-Personnel
Training $ 2,000.00
Consulting
Evaluation
Other
Subtotal Non-Personnel $ 30,000.00
Total Personnel & Non-Personnel $ 30,000.00
Indirect Costs
TOTAL $ 30,000.00
Number of Persons Served: 500
Cost per Individual $ 60.00
Application Status Funded
Amount Funded $ 30,000.00
Other Lines needed:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2026/27 COMMUNITY

DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($230,000) WITH CITY OF MADERA, PUBLIC WORKS DEPARTMENT WHEREAS, the City Council has considered approval of the 2026/27 Community Development Block Grant Subrecipient Agreement with the City of Madera Public Works Department in the amount of $230,000 (“Agreement”); and WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.

NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:

1. The recitals listed above are true and correct.

2. The Council approves the Agreement between the City and the City of Madera Public Works Department.

3. This resolution is effective upon receipt of written confirmation from the U.S.

Department of Housing and Urban Development of the City of Madera Program Year 2026/27 Action Plan approval.

4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.

5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.

6. This resolution is effective immediately upon adoption. *****
1 COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT

BETWEEN THE CITY OF MADERA, AND THE CITY OF MADERA PUBLIC WORKS DEPARTMENT This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2026, by and between the City of Madera (“City”) and THE CITY OF MADERA PUBLIC WORKS DEPARTMENT, hereafter referred to as "SUBRECIPIENT."

RECITALS
A. This Agreement sets forth the responsibilities of City and Subrecipient in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as “CDBG”), as amended.

B. The City has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the CITY, and in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California.

C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.

D. Subrecipient agrees to perform the services for CITY hereinafter described, for the compensation, during the term, and otherwise subject to the covenants and conditions hereinafter set forth.

AGREEMENT

1. Services
The Subrecipient shall provide all services and responsibilities as set forth in Scope of Work, which is attached to this Agreement, marked as EXHIBIT "A", and incorporated herein by reference.

2. Funding and Method of Payment
a. Compensation
Payments shall be made after receipt and verification of actual expenditures incurred by the Subrecipient in the performance of this Agreement and shall be documented to the City by the tenth (10th) day of the month following the end of each quarter. Allowable expenditures under this Agreement are specifically established, attached and incorporated by reference as EXHIBIT “B".
2 The total obligation of the City under this Agreement shall not exceed $230,000 in fiscal year 2026-2027. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.

3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.

4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.

5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable 3 local, State and Federal regulations, including but not limited to those requirements listed in Community Development Block Grant certifications attached hereto and incorporated herein by reference as EXHIBIT “C”.

6. Administrative Requirements/Financial Management/Accounting Standards Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

7. Costs Principles
Subrecipient shall administer its program in conformance with OMB Uniform Guidance.

These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.

Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.

9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2026, and shall end its performance June 30, 2027, unless terminated sooner as provided for elsewhere in this Agreement. The Agreement may be extended by written modification of the parties.

10. Records
a. Record Establishment and Maintenance
Subrecipient shall establish and maintain records in accordance with those requirements prescribed by City, with respect to all matters covered by this Agreement. Subrecipient shall retain all fiscal books, account records, and client files for services performed under this Agreement for at least three (3) years from the date of the final payment under this Agreement or until all State and Federal audits are completed for that fiscal year, whichever is later. Pursuant to State and Federal law, it is the intent of the parties to this Agreement that the Subrecipient shall be reimbursed for actual costs incurred in the performance of this Agreement but that no profit is to accrue to the Subrecipient on account of such performance.

Subrecipient shall maintain all records required by the Federal regulations specified in 24 4 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:

1. Records providing a full description of each activity undertaken;

2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;

3. Records required to determine the eligibility of activities;

4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;

5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;

6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and

7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. CDBG Reporting Requirements
Subrecipient shall submit reports to the City at minimum on a quarterly basis. The Subrecipient shall submit reimbursement requests with substantiating evidence justifying such request. Documentation may include invoice copies of paid invoices/receipts, copies of cash receipts or checks used to pay each invoice submitted, copies of timecards and related pay stubs for reimbursement. Timecards must be signed by both the employee and the designated Subrecipient Authorizing Official. Subrecipient shall submit quarterly reports via the City Data System.

TERM PERIOD DURATION DUE DATES
1st Period July 1 - September 30 October 15
2nd Period October 1 - December 31 January 15
3rd Period January 1 - March 31 April 15
4th Period April 1 - June 30 July 15
Subrecipient shall submit quarterly progress reports on the dates listed above. If a due date falls on a weekend or holiday, Subrecipient shall submit invoices and progress reports no later than the next business day.
c. Required Notifications
The Subrecipient shall also furnish to the City such statements, records, reports, data, and information as the City may request pertaining to matters covered by this Agreement. In the event the Subrecipient fails to provide such reports, it shall be deemed sufficient cause for the City to withhold payments until there is compliance. In addition, the Subrecipient shall provide written notification and explanation to the CITY within five (5) days of any funds received from another source to conduct the same services covered by this Agreement. 5 City shall notify Subrecipient in writing within thirty (30) days of any potential State or Federal exception discovered during an examination. Where findings indicate that program requirements are not being met and State and Federal participation in this program may be imperiled in the event corrections are not accomplished by Subrecipient within thirty (30) days, written notification shall constitute City’s intent to terminate this Agreement.

Subrecipient shall report to City promptly and in written detail, each notice of claim of copyright infringement received by Subrecipient with respect to all subject data delivered under this Agreement. Subrecipient shall not affix any restrictive markings upon any data. If markings are affixed, City shall have the right at any time to modify, remove, obliterate, or ignore such markings.

11. Assignment
Subrecipient may not assign or transfer their obligation of this Agreement or any rights hereunder without the prior written consent of the other party.

12. Subcontracts
If the Subrecipient should propose to subcontract with one or more third parties to carry out a portion of those services described in EXHIBIT "A" insofar as it deems proper or efficient, any such subcontract shall be in writing and approved by the CITY prior to execution and implementation. Any such subcontract, together with all other activities performed, or caused by the Subrecipient, shall not allow compensation greater than the total project budget contained in EXHIBIT "B." An executed copy of any such subcontract shall be submitted to the City before any implementation and shall be retained by the City.

The Subrecipient shall be responsible to the City for the proper performance of any subcontract. Any subcontractor shall be subject to all of the same terms and conditions that the Subrecipient is subject to under this Agreement. No officer or director of the Subrecipient shall have any direct monetary interest in any subcontract made by the Subrecipient. A direct monetary interest contrary to this paragraph shall be deemed to exist, if an officer or director of the Subrecipient is also an owner, officer, or director of a corporation, association, or partnership subcontracting with the Subrecipient.

In addition, if the Subrecipient receives CDBG funds under this Agreement, the subcontractor shall be subject to CDBG federal regulations, including those listed in EXHIBIT "C".

13. Conflict of Interest
No officer, employee, or agent of the City who exercises any function or responsibility for planning and carrying out of the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. The Subrecipient shall comply with the provisions of 24 CFR 570.611 with respect to conflicts of interest and covenants hat it presently 6 has no financial interest, direct or indirect, which would conflict in any manger or degree with the performance of this Agreement. The Subrecipient further covenants that in the performance of this Agreement, no person having such a financial interest shall be employed or retained by Subrecipient.

14. Discrimination
a. Eligibility for Services
The Subrecipient shall prepare and make available to the CITY and to the public all eligibility requirements to participate in the program plan set forth in EXHIBIT "A." No person shall, on the grounds of race, color, national origin, sex, religion, age, or disability status, be excluded from participation in, and denied the benefits of, or be subjected to discrimination with respect to the services funded under this Agreement.

The Subrecipient’s services shall be accessible to the physically disabled, and the services of a translator, signer or assistive listening device shall be made available. Subrecipient, in its marketing materials, shall specify assistance to access its services is available for deaf and hardof-hearing persons by calling 711 or 1-800-735-2929 and, for voice users, 1-866-735-2922 for TTY Relay Services. Subrecipient shall comply with requirements set forth in the Accessibility for Persons with Disabilities to Non-Housing Programs funded by Community Development Block Grant Funds – Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, and the Architectural Barriers Act.
b. Employment Opportunity
The Subrecipient shall comply with the CITY policy, the Community Development Block Grant regulations, and the Equal Employment Commission guidelines, which forbids discrimination against any person on the grounds of race, color, national origin, sex, religion, age, familial status, disability status, or any other status protected by law in employment practices. Such practices include retirement, recruitment advertising, hiring, layoff, termination, upgrading, demotion, transfer, rates of pay or other forms of compensation, use of facilities, and other terms and conditions of employment.
c. Suspension of Compensation
If an allegation of discrimination occurs, the City shall withhold all further funds until the Subrecipient can show by clear and convincing evidence to the satisfaction of the City that funds provided under this Agreement were not used in connection with the alleged discrimination. d. Nepotism
Except by written consent of the City, no person shall be employed by the Subrecipient who is related by blood or marriage or who is a member of the Board of Directors or an officer 7 of the Subrecipient. In the event HUD determines a CDBG-funded Subrecipient’s organization/agency operations violate federal rules and regulations with regard to nepotism and/or conducts business and a conflict of interest issue arises, then Subrecipient shall accept all responsibility to return any CDBG funds received from City.

15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.

16. Amendments
Adjustments in the nature or scope of the program plan set forth in EXHIBIT “A” or changes of any line item within the total approved budget contained in EXHIBIT “B” may be approved in writing by the City Manager, or his designee.

17. Administration
The City of Madera Grants Department shall administer this Agreement.

18. Evaluation
The City shall monitor and evaluate the performance of the Subrecipient under this Agreement to determine to the best possible degree the success or failure of the services provided under this Agreement and the adequacy of the program plan contained in EXHIBIT "A.” 8 The Subrecipient shall participate in evaluation of the program.

Subrecipient shall cooperate fully with City, State and Federal agencies, which shall have the right to monitor and audit all work performed under this Agreement.

Subrecipient shall also agree to on-site monitoring and personal interviews of participants, Subrecipient’s staff, and employees by appropriate City staff.

19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.

20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.

21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.

Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.

22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity not a party to this Agreement.
9 23. Indemnification
Subrecipient shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“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 Subrecipient’s performance of its obligations under this agreement or out of the operations conducted by Subrecipient, including the City’s active or passive negligence, 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 Subrecipient’s performance of this agreement, the Subrecipient 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.

24. Independent Contractor
Subrecipient and its subcontractors shall perform this Agreement 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 Subrecipient’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Subrecipient’s employees or subcontractors, any claim or right of action against City.

25. Insurance Requirements for Service Providers
Without limiting Subrecipient’s indemnification of City, and prior to commencement of Work, Subrecipient 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
Subrecipient shall maintain limits no less than:
 $1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 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.
10  Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease.

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

Proof of Insurance
Subrecipient 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.

Primary/Non-Contributary
For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

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.

Enforcement of Contract Provisions (non estoppel)
Service Provider acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Service Provider 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 11 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 Service Provider maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Subrecipient.

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

Additional Insurance
Service Provider 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.

26. Violation of Federal Rules and Regulations
In the event HUD determines a CDBG-funded Subrecipient has violated Federal rules and regulations and HUD requires repayment of CDBG funds, then Subrecipient shall repay any CDBG funds within 90 days of a written request from CITY.

27. General Provisions
a. Entire Agreement
This Agreement constitutes the entire agreement between Subrecipient and City with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications and understandings of any nature whatsoever unless expressly included in this Agreement. 12 b. Notice.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:

To the City:

City of Madera – Grants Division
205 W. 4th St.

Madera, CA 93637
To the Subrecipient:

City of Madera – Public Works Department
1030 S. Gateway Dr.

Madera, CA 93638
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. c. Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.

This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
///
13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers thereunto duly authorized as set forth below.

CITY OF MADERA: CITY OF MADERA – PUBLIC WORKS DEPT.:

By: ___________________________________ By: ______________________________ Cecilia Gallegos, Mayor Executive Director
Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:

By: ___________________________________ By:_________________________________ Alicia Gonzales, City Clerk Shannon Chaffin, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A

COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE

SCOPE OF WORK SUMMARY
PROGRAM YEAR 2026-2027
I. PROJECT NAME: Sidewalk and ADA Corner Ramp ( 2026)
II. APPLICANT: City of Madera- Public Works Department
III. PROJECT DESCRIPTION:

The proposed project involves the maintenance and repair of existing pedestrian facilities including sidewalks, access curb ramps, and drive approaches. The project includes various locations in the City of Madera within CDBG eligible census tracts, improve pedestrian routes to schools, parks, churches, and commercial areas, reduce tripping hazards, install ADA- compliant ramps, and construct new sidewalk segments where none currently exist.

IV. FUNDING PROPOSAL:

A. CDBG Funds Requested: $230,000__
B. Projected Completion Date: June 2027
V. ANNUAL GOALS SUPPORTED:

Access to Affordable Housing
Improve Access to Services
Prevent and Reduce Homelessness
Administration
VI. PRIORITY NEEDS ADDRESSED:

Housing Needs
Community Services
Economic Development
Public Improvements and Public Infrastructure
Homeless Needs and Services
VII. GOAL OUTCOME INDICATORS
Goal Outcome Indicator Quantity Unit of Measure
Public Facility or Infrastructure Activities
other than Low/Moderate Income
Housing Benefit.
10,425 Persons Assisted
Exhibit A
VIII. CDBG COMMITMENTS:

For applicants who have received CDBG funding in the last three years and/or have an active award.

CDBG Award
Year
Award Type Award
Amount
Remaining
Balance
Timeliness
Status
2025-2026 Capital
Improvement
$230,047 $230,047 On Track to meet
2021-2022 Capital
Improvement
$500,000 $0 Met
VIIII. CONFORMANCE WITH FEDERAL FUNDING REQUIREMENTS:

A. The proposed project is eligible for CDBG funding as a Public Improvement project as defined by CFR Section 570.201(c).

B. This activity meets the Federal objective of benefiting low- and moderate-income persons as limited clientele activity under Section 570.208(a)(2) because the residents meet the low-and moderate-income threshold for eligibility X. CONFORMANCE TO CITY PLANS AND POLICIES:

A. City Priority Need Addressed: Public Improvement
B. Consolidated Plan Conformance: Conforms
Exhibit B
CDBG Program Year 2026/27 Contract Source
Program Name:

Agency Name: City of Madera - Public Works Dept.

Agency Site Adress: 1030 S. Gateway Dr.

Agency City, State, Zip: Madera, CA 93638
Agency Phone number: (559) 661-5487
Director Name: Harpiar Ghandi
Director Phone: (559) 661-5487
Project Description:

Measure
of Service Description
Unduplicated
Clients Served
Total
unduplicated
Clients Served
Budget
Budget Line Item Madera Other Funding Program Total
Staff $ 94,500.00
Operations $ 17,000.00
$ -
Benefits $ 28,500.00
Taxes $ -
Subtotal Personnel $ 140,000.00
Move-In Assistance
Project Expenses $ 90,000.00
Equipment
Communications
Meetings & Convenings
Travel & Transportation
Sidewalk Imrovements
Non-Personnel
Goals of Clients to be Served:

Number of Goals:

Goal :
38,465
Personnel:
*If you need more personnel lines, feel free to add them.

Training
Consulting
Evaluation
Other
Subtotal Non-Personnel $ 90,000.00
Total Personnel & Non-Personnel $ 230,000.00
Indirect Costs
TOTAL $ 230,000.00
Number of Persons Served: 38465
Cost per Individual $ 5.98
Application Status Funded
Amount Funded $ 230,000.00
Other Lines needed:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2026/27 COMMUNITY

DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($51,000) WITH CITY OF MADERA, PARKS DEPARTMENT
WHEREAS, the City Council has considered approval of the 2026/27 Community Development Block Grant Subrecipient Agreement with the City of Madera Parks Department in the amount of $51,000 (“Agreement”); and
WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.

NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:

1. The recitals listed above are true and correct.

2. The Council approves the Agreement between the City and the City of Madera Parks Department.

3. This resolution is effective upon receipt of written confirmation from the U.S.

Department of Housing and Urban Development of the City of Madera Program Year 2026/27 Action Plan approval.

4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.

5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.

6. This resolution is effective immediately upon adoption. *****
1 COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT

BETWEEN THE CITY OF MADERA, AND THE CITY OF MADERA PARKS DEPARTMENT This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2026, by and between the City of Madera (“City”) and THE CITY OF MADERA PARKS DEPARTMENT, hereafter referred to as "SUBRECIPIENT."

RECITALS
A. This Agreement sets forth the responsibilities of City and Subrecipient in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as “CDBG”), as amended.

B. The City has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the CITY, and in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California.

C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.

D. Subrecipient agrees to perform the services for CITY hereinafter described, for the compensation, during the term, and otherwise subject to the covenants and conditions hereinafter set forth.

AGREEMENT

1. Services
The Subrecipient shall provide all services and responsibilities as set forth in Scope of Work, which is attached to this Agreement, marked as EXHIBIT "A", and incorporated herein by reference.

2. Funding and Method of Payment
a. Compensation
Payments shall be made after receipt and verification of actual expenditures incurred by the Subrecipient in the performance of this Agreement and shall be documented to the City by the tenth (10th) day of the month following the end of each quarter. Allowable expenditures under this Agreement are specifically established, attached and incorporated by reference as EXHIBIT “B".
2 The total obligation of the City under this Agreement shall not exceed $51,000 in fiscal year 2026- 2027. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.

3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.

4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.

5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable local, State and Federal regulations, including but not limited to those requirements listed in 3 Community Development Block Grant certifications attached hereto and incorporated herein by reference as EXHIBIT “C”.

6. Administrative Requirements/Financial Management/Accounting Standards Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

7. Costs Principles
Subrecipient shall administer its program in conformance with OMB Uniform Guidance.

These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.

Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.

9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2026, and shall end its performance June 30, 2027, unless terminated sooner as provided for elsewhere in this Agreement. The Agreement may be extended by written modification of the parties.

10. Records
a. Record Establishment and Maintenance
Subrecipient shall establish and maintain records in accordance with those requirements prescribed by City, with respect to all matters covered by this Agreement. Subrecipient shall retain all fiscal books, account records, and client files for services performed under this Agreement for at least three (3) years from the date of the final payment under this Agreement or until all State and Federal audits are completed for that fiscal year, whichever is later. Pursuant to State and Federal law, it is the intent of the parties to this Agreement that the Subrecipient shall be reimbursed for actual costs incurred in the performance of this Agreement but that no profit is to accrue to the Subrecipient on account of such performance.

Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records 4 shall include but not be limited to:

1. Records providing a full description of each activity undertaken;

2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;

3. Records required to determine the eligibility of activities;

4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;

5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;

6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and

7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. CDBG Reporting Requirements
Subrecipient shall submit reports to the City at minimum on a quarterly basis. The Subrecipient shall submit reimbursement requests with substantiating evidence justifying such request. Documentation may include invoice copies of paid invoices/receipts, copies of cash receipts or checks used to pay each invoice submitted, copies of timecards and related pay stubs for reimbursement. Timecards must be signed by both the employee and the designated Subrecipient Authorizing Official. Subrecipient shall submit quarterly reports via the City Data System.

TERM PERIOD DURATION DUE DATES
1st Period July 1 - September 30 October 15
2nd Period October 1 - December 31 January 15
3rd Period January 1 - March 31 April 15
4th Period April 1 - June 30 July 15
Subrecipient shall submit quarterly progress reports on the dates listed above. If a due date falls on a weekend or holiday, Subrecipient shall submit invoices and progress reports no later than the next business day.
c. Required Notifications
The Subrecipient shall also furnish to the City such statements, records, reports, data, and information as the City may request pertaining to matters covered by this Agreement. In the event the Subrecipient fails to provide such reports, it shall be deemed sufficient cause for the City to withhold payments until there is compliance. In addition, the Subrecipient shall provide written notification and explanation to the CITY within five (5) days of any funds received from another source to conduct the same services covered by this Agreement.

City shall notify Subrecipient in writing within thirty (30) days of any potential State or 5 Federal exception discovered during an examination. Where findings indicate that program requirements are not being met and State and Federal participation in this program may be imperiled in the event corrections are not accomplished by Subrecipient within thirty (30) days, written notification shall constitute City’s intent to terminate this Agreement.

Subrecipient shall report to City promptly and in written detail, each notice of claim of copyright infringement received by Subrecipient with respect to all subject data delivered under this Agreement. Subrecipient shall not affix any restrictive markings upon any data. If markings are affixed, City shall have the right at any time to modify, remove, obliterate, or ignore such markings.

11. Assignment
Subrecipient may not assign or transfer their obligation of this Agreement or any rights hereunder without the prior written consent of the other party.

12. Subcontracts
If the Subrecipient should propose to subcontract with one or more third parties to carry out a portion of those services described in EXHIBIT "A" insofar as it deems proper or efficient, any such subcontract shall be in writing and approved by the CITY prior to execution and implementation. Any such subcontract, together with all other activities performed, or caused by the Subrecipient, shall not allow compensation greater than the total project budget contained in EXHIBIT "B." An executed copy of any such subcontract shall be submitted to the City before any implementation and shall be retained by the City.

The Subrecipient shall be responsible to the City for the proper performance of any subcontract. Any subcontractor shall be subject to all of the same terms and conditions that the Subrecipient is subject to under this Agreement. No officer or director of the Subrecipient shall have any direct monetary interest in any subcontract made by the Subrecipient. A direct monetary interest contrary to this paragraph shall be deemed to exist, if an officer or director of the Subrecipient is also an owner, officer, or director of a corporation, association, or partnership subcontracting with the Subrecipient.

In addition, if the Subrecipient receives CDBG funds under this Agreement, the subcontractor shall be subject to CDBG federal regulations, including those listed in EXHIBIT "C".

13. Conflict of Interest
No officer, employee, or agent of the City who exercises any function or responsibility for planning and carrying out of the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. The Subrecipient shall comply with the provisions of 24 CFR 570.611 with respect to conflicts of interest and covenants hat it presently has no financial interest, direct or indirect, which would conflict in any manger or degree with 6 the performance of this Agreement. The Subrecipient further covenants that in the performance of this Agreement, no person having such a financial interest shall be employed or retained by Subrecipient.

14. Discrimination
a. Eligibility for Services
The Subrecipient shall prepare and make available to the CITY and to the public all eligibility requirements to participate in the program plan set forth in EXHIBIT "A." No person shall, on the grounds of race, color, national origin, sex, religion, age, or disability status, be excluded from participation in, and denied the benefits of, or be subjected to discrimination with respect to the services funded under this Agreement.

The Subrecipient’s services shall be accessible to the physically disabled, and the services of a translator, signer or assistive listening device shall be made available. Subrecipient, in its marketing materials, shall specify assistance to access its services is available for deaf and hardof-hearing persons by calling 711 or 1-800-735-2929 and, for voice users, 1-866-735-2922 for TTY Relay Services. Subrecipient shall comply with requirements set forth in the Accessibility for Persons with Disabilities to Non-Housing Programs funded by Community Development Block Grant Funds – Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, and the Architectural Barriers Act.
b. Employment Opportunity
The Subrecipient shall comply with the CITY policy, the Community Development Block Grant regulations, and the Equal Employment Commission guidelines, which forbids discrimination against any person on the grounds of race, color, national origin, sex, religion, age, familial status, disability status, or any other status protected by law in employment practices. Such practices include retirement, recruitment advertising, hiring, layoff, termination, upgrading, demotion, transfer, rates of pay or other forms of compensation, use of facilities, and other terms and conditions of employment.
c. Suspension of Compensation
If an allegation of discrimination occurs, the City shall withhold all further funds until the Subrecipient can show by clear and convincing evidence to the satisfaction of the City that funds provided under this Agreement were not used in connection with the alleged discrimination. d. Nepotism
Except by written consent of the City, no person shall be employed by the Subrecipient who is related by blood or marriage or who is a member of the Board of Directors or an officer of the Subrecipient. In the event HUD determines a CDBG-funded Subrecipient’s 7 organization/agency operations violate federal rules and regulations with regard to nepotism and/or conducts business and a conflict of interest issue arises, then Subrecipient shall accept all responsibility to return any CDBG funds received from City.

15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.

16. Amendments
Adjustments in the nature or scope of the program plan set forth in EXHIBIT “A” or changes of any line item within the total approved budget contained in EXHIBIT “B” may be approved in writing by the City Manager, or his designee.

17. Administration
The City of Madera Grants Department shall administer this Agreement.

18. Evaluation
The City shall monitor and evaluate the performance of the Subrecipient under this Agreement to determine to the best possible degree the success or failure of the services provided under this Agreement and the adequacy of the program plan contained in EXHIBIT "A.” The Subrecipient shall participate in evaluation of the program. 8 Subrecipient shall cooperate fully with City, State and Federal agencies, which shall have the right to monitor and audit all work performed under this Agreement.

Subrecipient shall also agree to on-site monitoring and personal interviews of participants, Subrecipient’s staff, and employees by appropriate City staff.

19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.

20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.

21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.

Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.

22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity not a party to this Agreement.
9 23. Indemnification
Subrecipient shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“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 Subrecipient’s performance of its obligations under this agreement or out of the operations conducted by Subrecipient, including the City’s active or passive negligence, 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 Subrecipient’s performance of this agreement, the Subrecipient 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.

24. Independent Contractor
Subrecipient and its subcontractors shall perform this Agreement 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 Subrecipient’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Subrecipient’s employees or subcontractors, any claim or right of action against City.

25. Insurance Requirements for Service Providers
Without limiting Subrecipient’s indemnification of City, and prior to commencement of Work, Subrecipient 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
Subrecipient shall maintain limits no less than:
 $1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 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.
10  Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease.

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

Proof of Insurance
Subrecipient 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.

Primary/Non-Contributary
For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

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.

Enforcement of Contract Provisions (non estoppel)
Service Provider acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Service Provider 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 11 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 Service Provider maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Subrecipient.

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

Additional Insurance
Service Provider 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.

26. Violation of Federal Rules and Regulations
In the event HUD determines a CDBG-funded Subrecipient has violated Federal rules and regulations and HUD requires repayment of CDBG funds, then Subrecipient shall repay any CDBG funds within 90 days of a written request from CITY.

27. General Provisions
a. Entire Agreement
This Agreement constitutes the entire agreement between Subrecipient and City with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications and understandings of any nature whatsoever unless expressly included in this Agreement. 12 b. Notice.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:

To the City:

City of Madera – Grants Division
205 W. 4th St.

Madera, CA 93637
To the Subrecipient:

City of Madera – Parks Department
701 E. 5th St.

Madera, CA 93638
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. c. Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.

This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
///
13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers thereunto duly authorized as set forth below.

CITY OF MADERA: CITY OF MADERA – PARKS DEPT.:

By: ___________________________________ By: ______________________________ Cecilia Gallegos, Mayor Executive Director
Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:

By: ___________________________________ By:_________________________________ Alicia Gonzales, City Clerk Shannon Chaffin, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A

COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE

SCOPE OF WORK
PROGRAM YEAR 2026-2027
I. PROJECT NAME: Horseshoe Pits
II. APPLICANT: Madera Parks & Community Services Department III. PROJECT DESCRIPTION:

IV. FUNDING PROPOSAL:

A. CDBG Funds Requested: $51,000__
B. Projected Completion Date: June 2027
V. ANNUAL GOALS SUPPORTED:

Access to Affordable Housing
Improve Access to Services
Prevent and Reduce Homelessness
Administration
VI. PRIORITY NEEDS ADDRESSED:

Housing Needs
Community Services
Economic Development
Public Improvements and Public Infrastructure
Homeless Needs and Services
VII. GOAL OUTCOME INDICATORS
Goal Outcome Indicator Quantity Unit of Measure
Public Facility or Infrastructure Activities
other than Low/Moderate Income
Housing Benefit.
5793
Persons Assisted
VIII. CDBG COMMITMENTS:

For applicants who have received CDBG funding in the last three years and/or have an active award.

CDBG
Award
Year
Award Type Award
Amount
Remaining
Balance
Timeliness
Status
Exhibit A
2025-2026 Capital
Improvement
$413,125 $413,125 Due to unforeseen
circumstances
project has been
delayed
2023-2024 Capital
Improvement
$215,000 $0 Met
VIIII. CONFORMANCE WITH FEDERAL FUNDING REQUIREMENTS:

A. The proposed project is eligible for CDBG funding as a Public Improvement project as defined by CFR Section 570.201(c).

B. This activity meets the Federal objective of benefiting low- and moderate-income persons as limited clientele activity under Section 570.208(a)(2) because the residents meet the low-and moderate-income threshold for eligibility X. CONFORMANCE TO CITY PLANS AND POLICIES:

A. City Priority Need Addressed: Public Improvement
B. Consolidated Plan Conformance: Conforms
Exhibit B
CDBG Program Year 2026/27 Contract Source
Program Name:

Agency Name: City of Madera - Parks Dept.

Agency Site Adress: 701 E. 5th St
Agency City, State, Zip: Madera, CA 93638
Agency Phone number: (559) 661-5491
Director Name: Joseph Hebert
Director Phone: (559) 661-5491
Project Description:

Measure
of Service Description
Unduplicated
Clients Served
Total
unduplicated
Clients Served
Budget
Budget Line Item Madera Other Funding Program Total
Staff
Operations
Benefits
Taxes $ -
Subtotal Personnel $ -
Move-In Assistance
Project Expenses $ 51,000.00
Equipment
Communications
Meetings & Convenings
Travel & Transportation
Engineering Design Services - Horseshoe Pits
Non-Personnel
Goals of Clients to be Served:

Number of Goals:

Goal :
5,793
Personnel:
*If you need more personnel lines, feel free to add them.

Training
Consulting
Evaluation
Other
Subtotal Non-Personnel $ 51,000.00
Total Personnel & Non-Personnel $ 51,000.00
Indirect Costs
TOTAL $ 51,000.00
Number of Persons Served: 5793
Cost per Individual $ 8.80
Application Status Funded
Amount Funded $ 51,000.00
Other Lines needed:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2026/27 COMMUNITY

DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($78,000) WITH CITY OF MADERA, PARKS DEPARTMENT
WHEREAS, the City Council has considered approval of the 2026/27 Community Development Block Grant Subrecipient Agreement with the City of Madera Parks Department in the amount of $78,000 (“Agreement”); and
WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.

NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:

1. The recitals listed above are true and correct.

2. The Council approves the Agreement between the City and the City of Madera Parks Department.

3. This resolution is effective upon receipt of written confirmation from the U.S.

Department of Housing and Urban Development of the City of Madera Program Year 2026/27 Action Plan approval.

4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.

5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.

6. This resolution is effective immediately upon adoption. *****
1 COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT

BETWEEN THE CITY OF MADERA, AND THE CITY OF MADERA PARKS DEPARTMENT This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2026, by and between the City of Madera (“City”) and THE CITY OF MADERA PARKS DEPARTMENT, hereafter referred to as "SUBRECIPIENT."

RECITALS
A. This Agreement sets forth the responsibilities of City and Subrecipient in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as “CDBG”), as amended.

B. The City has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the CITY, and in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California.

C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.

D. Subrecipient agrees to perform the services for CITY hereinafter described, for the compensation, during the term, and otherwise subject to the covenants and conditions hereinafter set forth.

AGREEMENT

1. Services
The Subrecipient shall provide all services and responsibilities as set forth in Scope of Work, which is attached to this Agreement, marked as EXHIBIT "A", and incorporated herein by reference.

2. Funding and Method of Payment
a. Compensation
Payments shall be made after receipt and verification of actual expenditures incurred by the Subrecipient in the performance of this Agreement and shall be documented to the City by the tenth (10th) day of the month following the end of each quarter. Allowable expenditures under this Agreement are specifically established, attached and incorporated by reference as EXHIBIT “B".
2 The total obligation of the City under this Agreement shall not exceed $78,000 in fiscal year 2026- 2027. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.

3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.

4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.

5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable local, State and Federal regulations, including but not limited to those requirements listed in 3 Community Development Block Grant certifications attached hereto and incorporated herein by reference as EXHIBIT “C”.

6. Administrative Requirements/Financial Management/Accounting Standards Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

7. Costs Principles
Subrecipient shall administer its program in conformance with OMB Uniform Guidance.

These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.

Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.

9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2026, and shall end its performance June 30, 2027, unless terminated sooner as provided for elsewhere in this Agreement. The Agreement may be extended by written modification of the parties.

10. Records
a. Record Establishment and Maintenance
Subrecipient shall establish and maintain records in accordance with those requirements prescribed by City, with respect to all matters covered by this Agreement. Subrecipient shall retain all fiscal books, account records, and client files for services performed under this Agreement for at least three (3) years from the date of the final payment under this Agreement or until all State and Federal audits are completed for that fiscal year, whichever is later. Pursuant to State and Federal law, it is the intent of the parties to this Agreement that the Subrecipient shall be reimbursed for actual costs incurred in the performance of this Agreement but that no profit is to accrue to the Subrecipient on account of such performance.

Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records 4 shall include but not be limited to:

1. Records providing a full description of each activity undertaken;

2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;

3. Records required to determine the eligibility of activities;

4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;

5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;

6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and

7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. CDBG Reporting Requirements
Subrecipient shall submit reports to the City at minimum on a quarterly basis. The Subrecipient shall submit reimbursement requests with substantiating evidence justifying such request. Documentation may include invoice copies of paid invoices/receipts, copies of cash receipts or checks used to pay each invoice submitted, copies of timecards and related pay stubs for reimbursement. Timecards must be signed by both the employee and the designated Subrecipient Authorizing Official. Subrecipient shall submit quarterly reports via the City Data System.

TERM PERIOD DURATION DUE DATES
1st Period July 1 - September 30 October 15
2nd Period October 1 - December 31 January 15
3rd Period January 1 - March 31 April 15
4th Period April 1 - June 30 July 15
Subrecipient shall submit quarterly progress reports on the dates listed above. If a due date falls on a weekend or holiday, Subrecipient shall submit invoices and progress reports no later than the next business day.
c. Required Notifications
The Subrecipient shall also furnish to the City such statements, records, reports, data, and information as the City may request pertaining to matters covered by this Agreement. In the event the Subrecipient fails to provide such reports, it shall be deemed sufficient cause for the City to withhold payments until there is compliance. In addition, the Subrecipient shall provide written notification and explanation to the CITY within five (5) days of any funds received from another source to conduct the same services covered by this Agreement.

City shall notify Subrecipient in writing within thirty (30) days of any potential State or 5 Federal exception discovered during an examination. Where findings indicate that program requirements are not being met and State and Federal participation in this program may be imperiled in the event corrections are not accomplished by Subrecipient within thirty (30) days, written notification shall constitute City’s intent to terminate this Agreement.

Subrecipient shall report to City promptly and in written detail, each notice of claim of copyright infringement received by Subrecipient with respect to all subject data delivered under this Agreement. Subrecipient shall not affix any restrictive markings upon any data. If markings are affixed, City shall have the right at any time to modify, remove, obliterate, or ignore such markings.

11. Assignment
Subrecipient may not assign or transfer their obligation of this Agreement or any rights hereunder without the prior written consent of the other party.

12. Subcontracts
If the Subrecipient should propose to subcontract with one or more third parties to carry out a portion of those services described in EXHIBIT "A" insofar as it deems proper or efficient, any such subcontract shall be in writing and approved by the CITY prior to execution and implementation. Any such subcontract, together with all other activities performed, or caused by the Subrecipient, shall not allow compensation greater than the total project budget contained in EXHIBIT "B." An executed copy of any such subcontract shall be submitted to the City before any implementation and shall be retained by the City.

The Subrecipient shall be responsible to the City for the proper performance of any subcontract. Any subcontractor shall be subject to all of the same terms and conditions that the Subrecipient is subject to under this Agreement. No officer or director of the Subrecipient shall have any direct monetary interest in any subcontract made by the Subrecipient. A direct monetary interest contrary to this paragraph shall be deemed to exist, if an officer or director of the Subrecipient is also an owner, officer, or director of a corporation, association, or partnership subcontracting with the Subrecipient.

In addition, if the Subrecipient receives CDBG funds under this Agreement, the subcontractor shall be subject to CDBG federal regulations, including those listed in EXHIBIT "C".

13. Conflict of Interest
No officer, employee, or agent of the City who exercises any function or responsibility for planning and carrying out of the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. The Subrecipient shall comply with the provisions of 24 CFR 570.611 with respect to conflicts of interest and covenants hat it presently has no financial interest, direct or indirect, which would conflict in any manger or degree with 6 the performance of this Agreement. The Subrecipient further covenants that in the performance of this Agreement, no person having such a financial interest shall be employed or retained by Subrecipient.

14. Discrimination
a. Eligibility for Services
The Subrecipient shall prepare and make available to the CITY and to the public all eligibility requirements to participate in the program plan set forth in EXHIBIT "A." No person shall, on the grounds of race, color, national origin, sex, religion, age, or disability status, be excluded from participation in, and denied the benefits of, or be subjected to discrimination with respect to the services funded under this Agreement.

The Subrecipient’s services shall be accessible to the physically disabled, and the services of a translator, signer or assistive listening device shall be made available. Subrecipient, in its marketing materials, shall specify assistance to access its services is available for deaf and hardof-hearing persons by calling 711 or 1-800-735-2929 and, for voice users, 1-866-735-2922 for TTY Relay Services. Subrecipient shall comply with requirements set forth in the Accessibility for Persons with Disabilities to Non-Housing Programs funded by Community Development Block Grant Funds – Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, and the Architectural Barriers Act.
b. Employment Opportunity
The Subrecipient shall comply with the CITY policy, the Community Development Block Grant regulations, and the Equal Employment Commission guidelines, which forbids discrimination against any person on the grounds of race, color, national origin, sex, religion, age, familial status, disability status, or any other status protected by law in employment practices. Such practices include retirement, recruitment advertising, hiring, layoff, termination, upgrading, demotion, transfer, rates of pay or other forms of compensation, use of facilities, and other terms and conditions of employment.
c. Suspension of Compensation
If an allegation of discrimination occurs, the City shall withhold all further funds until the Subrecipient can show by clear and convincing evidence to the satisfaction of the City that funds provided under this Agreement were not used in connection with the alleged discrimination. d. Nepotism
Except by written consent of the City, no person shall be employed by the Subrecipient who is related by blood or marriage or who is a member of the Board of Directors or an officer of the Subrecipient. In the event HUD determines a CDBG-funded Subrecipient’s 7 organization/agency operations violate federal rules and regulations with regard to nepotism and/or conducts business and a conflict of interest issue arises, then Subrecipient shall accept all responsibility to return any CDBG funds received from City.

15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.

16. Amendments
Adjustments in the nature or scope of the program plan set forth in EXHIBIT “A” or changes of any line item within the total approved budget contained in EXHIBIT “B” may be approved in writing by the City Manager, or his designee.

17. Administration
The City of Madera Grants Department shall administer this Agreement.

18. Evaluation
The City shall monitor and evaluate the performance of the Subrecipient under this Agreement to determine to the best possible degree the success or failure of the services provided under this Agreement and the adequacy of the program plan contained in EXHIBIT "A.” The Subrecipient shall participate in evaluation of the program. 8 Subrecipient shall cooperate fully with City, State and Federal agencies, which shall have the right to monitor and audit all work performed under this Agreement.

Subrecipient shall also agree to on-site monitoring and personal interviews of participants, Subrecipient’s staff, and employees by appropriate City staff.

19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.

20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.

21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.

Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.

22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity not a party to this Agreement.
9 23. Indemnification
Subrecipient shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“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 Subrecipient’s performance of its obligations under this agreement or out of the operations conducted by Subrecipient, including the City’s active or passive negligence, 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 Subrecipient’s performance of this agreement, the Subrecipient 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.

24. Independent Contractor
Subrecipient and its subcontractors shall perform this Agreement 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 Subrecipient’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Subrecipient’s employees or subcontractors, any claim or right of action against City.

25. Insurance Requirements for Service Providers
Without limiting Subrecipient’s indemnification of City, and prior to commencement of Work, Subrecipient 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
Subrecipient shall maintain limits no less than:
 $1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 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.
10  Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease.

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

Proof of Insurance
Subrecipient 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.

Primary/Non-Contributary
For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

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.

Enforcement of Contract Provisions (non estoppel)
Service Provider acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Service Provider 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 11 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 Service Provider maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Subrecipient.

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

Additional Insurance
Service Provider 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.

26. Violation of Federal Rules and Regulations
In the event HUD determines a CDBG-funded Subrecipient has violated Federal rules and regulations and HUD requires repayment of CDBG funds, then Subrecipient shall repay any CDBG funds within 90 days of a written request from CITY.

27. General Provisions
a. Entire Agreement
This Agreement constitutes the entire agreement between Subrecipient and City with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications and understandings of any nature whatsoever unless expressly included in this Agreement. 12 b. Notice.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:

To the City:

City of Madera – Grants Division
205 W. 4th St.

Madera, CA 93637
To the Subrecipient:

City of Madera – Parks Department
701 E. 5th St.

Madera, CA 93638
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. c. Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.

This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
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13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers thereunto duly authorized as set forth below.

CITY OF MADERA: CITY OF MADERA – PARKS DEPT.:

By: ___________________________________ By: ______________________________ Cecilia Gallegos, Mayor Executive Director
Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:

By: ___________________________________ By:_________________________________ Alicia Gonzales, City Clerk Shannon Chaffin, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A

COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE

SCOPE OF WORK
PROGRAM YEAR 2026-2027
I. PROJECT NAME: Street Widening- Clinton Avenue
II. APPLICANT: Madera Parks & Community Services Department III. PROJECT DESCRIPTION:

IV. FUNDING PROPOSAL:

A. CDBG Funds Requested: $78,000__
B. Projected Completion Date: June 2027
V. ANNUAL GOALS SUPPORTED:

Access to Affordable Housing
Improve Access to Services
Prevent and Reduce Homelessness
Administration
VI. PRIORITY NEEDS ADDRESSED:

Housing Needs
Community Services
Economic Development
Public Improvements and Public Infrastructure
Homeless Needs and Services
VII. GOAL OUTCOME INDICATORS
Goal Outcome Indicator Quantity Unit of Measure
Public Facility or Infrastructure Activities
other than Low/Moderate Income
Housing Benefit.
5793
Persons Assisted
VIII. CDBG COMMITMENTS:

For applicants who have received CDBG funding in the last three years and/or have an active award.

CDBG
Award
Year
Award Type Award
Amount
Remaining
Balance
Timeliness
Status
Exhibit A
2025-2026 Capital
Improvement
$413,125 $413,125 Due to unforeseen
circumstances
project has been
delayed
2023-2024 Capital
Improvement
$215,000 $0 Met
VIIII. CONFORMANCE WITH FEDERAL FUNDING REQUIREMENTS:

A. The proposed project is eligible for CDBG funding as a Public Improvement project as defined by CFR Section 570.201(c).

B. This activity meets the Federal objective of benefiting low- and moderate-income persons as limited clientele activity under Section 570.208(a)(2) because the residents meet the low-and moderate-income threshold for eligibility X. CONFORMANCE TO CITY PLANS AND POLICIES:

A. City Priority Need Addressed: Public Improvement
B. Consolidated Plan Conformance: Conforms
Exhibit B
CDBG Program Year 2026/27 Contract Source
Program Name:

Agency Name: City of Madera - Parks Dept.

Agency Site Adress: 701 E. 5th St
Agency City, State, Zip: Madera, CA 93638
Agency Phone number: (559) 661-5491
Director Name: Joseph Hebert
Director Phone: (559) 661-5491
Project Description:

Measure
of Service Description
Unduplicated
Clients Served
Total
unduplicated
Clients Served
Budget
Budget Line Item Madera Other Funding Program Total
Staff
Operations
Benefits
Taxes $ -
Subtotal Personnel $ -
Move-In Assistance
Project Expenses $ 78,000.00
Equipment
Communications
Meetings & Convenings
Travel & Transportation
Goals of Clients to be Served:

Number of Goals:

Goal :
5,793
Personnel:
*If you need more personnel lines, feel free to add them.

Engineering Design Services - Clinton Widening
Non-Personnel
Training
Consulting
Evaluation
Other
Subtotal Non-Personnel $ 78,000.00
Total Personnel & Non-Personnel $ 78,000.00
Indirect Costs
TOTAL $ 78,000.00
Number of Persons Served: 5793
Cost per Individual $ 13.46
Application Status Funded
Amount Funded $ 78,000.00
Other Lines needed:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2026/27 COMMUNITY

DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($284,365) WITH CITY OF MADERA, PARKS DEPARTMENT
WHEREAS, the City Council has considered approval of the 2026/27 Community Development Block Grant Subrecipient Agreement with the City of Madera Parks Department in the amount of $284,365 (“Agreement”); and
WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.

NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:

1. The recitals listed above are true and correct.

2. The Council approves the Agreement between the City and the City of Madera Parks Department.

3. This resolution is effective upon receipt of written confirmation from the U.S.

Department of Housing and Urban Development of the City of Madera Program Year 2026/27 Action Plan approval.

4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.

5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.

6. This resolution is effective immediately upon adoption. *****
1 COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT

BETWEEN THE CITY OF MADERA, AND THE CITY OF MADERA PARKS DEPARTMENT This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2026, by and between the City of Madera (“City”) and THE CITY OF MADERA PARKS DEPARTMENT, hereafter referred to as "SUBRECIPIENT."

RECITALS
A. This Agreement sets forth the responsibilities of City and Subrecipient in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as “CDBG”), as amended.

B. The City has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the CITY, and in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California.

C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.

D. Subrecipient agrees to perform the services for CITY hereinafter described, for the compensation, during the term, and otherwise subject to the covenants and conditions hereinafter set forth.

AGREEMENT

1. Services
The Subrecipient shall provide all services and responsibilities as set forth in Scope of Work, which is attached to this Agreement, marked as EXHIBIT "A", and incorporated herein by reference.

2. Funding and Method of Payment
a. Compensation
Payments shall be made after receipt and verification of actual expenditures incurred by the Subrecipient in the performance of this Agreement and shall be documented to the City by the tenth (10th) day of the month following the end of each quarter. Allowable expenditures under this Agreement are specifically established, attached and incorporated by reference as EXHIBIT “B".
2 The total obligation of the City under this Agreement shall not exceed $284,365 in fiscal year 2026-2027. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.

3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.

4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.

5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable local, State and Federal regulations, including but not limited to those requirements listed in 3 Community Development Block Grant certifications attached hereto and incorporated herein by reference as EXHIBIT “C”.

6. Administrative Requirements/Financial Management/Accounting Standards Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

7. Costs Principles
Subrecipient shall administer its program in conformance with OMB Uniform Guidance.

These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.

Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.

9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2026, and shall end its performance June 30, 2027, unless terminated sooner as provided for elsewhere in this Agreement. The Agreement may be extended by written modification of the parties.

10. Records
a. Record Establishment and Maintenance
Subrecipient shall establish and maintain records in accordance with those requirements prescribed by City, with respect to all matters covered by this Agreement. Subrecipient shall retain all fiscal books, account records, and client files for services performed under this Agreement for at least three (3) years from the date of the final payment under this Agreement or until all State and Federal audits are completed for that fiscal year, whichever is later. Pursuant to State and Federal law, it is the intent of the parties to this Agreement that the Subrecipient shall be reimbursed for actual costs incurred in the performance of this Agreement but that no profit is to accrue to the Subrecipient on account of such performance.

Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records 4 shall include but not be limited to:

1. Records providing a full description of each activity undertaken;

2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;

3. Records required to determine the eligibility of activities;

4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;

5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;

6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and

7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. CDBG Reporting Requirements
Subrecipient shall submit reports to the City at minimum on a quarterly basis. The Subrecipient shall submit reimbursement requests with substantiating evidence justifying such request. Documentation may include invoice copies of paid invoices/receipts, copies of cash receipts or checks used to pay each invoice submitted, copies of timecards and related pay stubs for reimbursement. Timecards must be signed by both the employee and the designated Subrecipient Authorizing Official. Subrecipient shall submit quarterly reports via the City Data System.

TERM PERIOD DURATION DUE DATES
1st Period July 1 - September 30 October 15
2nd Period October 1 - December 31 January 15
3rd Period January 1 - March 31 April 15
4th Period April 1 - June 30 July 15
Subrecipient shall submit quarterly progress reports on the dates listed above. If a due date falls on a weekend or holiday, Subrecipient shall submit invoices and progress reports no later than the next business day.
c. Required Notifications
The Subrecipient shall also furnish to the City such statements, records, reports, data, and information as the City may request pertaining to matters covered by this Agreement. In the event the Subrecipient fails to provide such reports, it shall be deemed sufficient cause for the City to withhold payments until there is compliance. In addition, the Subrecipient shall provide written notification and explanation to the CITY within five (5) days of any funds received from another source to conduct the same services covered by this Agreement.

City shall notify Subrecipient in writing within thirty (30) days of any potential State or 5 Federal exception discovered during an examination. Where findings indicate that program requirements are not being met and State and Federal participation in this program may be imperiled in the event corrections are not accomplished by Subrecipient within thirty (30) days, written notification shall constitute City’s intent to terminate this Agreement.

Subrecipient shall report to City promptly and in written detail, each notice of claim of copyright infringement received by Subrecipient with respect to all subject data delivered under this Agreement. Subrecipient shall not affix any restrictive markings upon any data. If markings are affixed, City shall have the right at any time to modify, remove, obliterate, or ignore such markings.

11. Assignment
Subrecipient may not assign or transfer their obligation of this Agreement or any rights hereunder without the prior written consent of the other party.

12. Subcontracts
If the Subrecipient should propose to subcontract with one or more third parties to carry out a portion of those services described in EXHIBIT "A" insofar as it deems proper or efficient, any such subcontract shall be in writing and approved by the CITY prior to execution and implementation. Any such subcontract, together with all other activities performed, or caused by the Subrecipient, shall not allow compensation greater than the total project budget contained in EXHIBIT "B." An executed copy of any such subcontract shall be submitted to the City before any implementation and shall be retained by the City.

The Subrecipient shall be responsible to the City for the proper performance of any subcontract. Any subcontractor shall be subject to all of the same terms and conditions that the Subrecipient is subject to under this Agreement. No officer or director of the Subrecipient shall have any direct monetary interest in any subcontract made by the Subrecipient. A direct monetary interest contrary to this paragraph shall be deemed to exist, if an officer or director of the Subrecipient is also an owner, officer, or director of a corporation, association, or partnership subcontracting with the Subrecipient.

In addition, if the Subrecipient receives CDBG funds under this Agreement, the subcontractor shall be subject to CDBG federal regulations, including those listed in EXHIBIT "C".

13. Conflict of Interest
No officer, employee, or agent of the City who exercises any function or responsibility for planning and carrying out of the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. The Subrecipient shall comply with the provisions of 24 CFR 570.611 with respect to conflicts of interest and covenants hat it presently has no financial interest, direct or indirect, which would conflict in any manger or degree with 6 the performance of this Agreement. The Subrecipient further covenants that in the performance of this Agreement, no person having such a financial interest shall be employed or retained by Subrecipient.

14. Discrimination
a. Eligibility for Services
The Subrecipient shall prepare and make available to the CITY and to the public all eligibility requirements to participate in the program plan set forth in EXHIBIT "A." No person shall, on the grounds of race, color, national origin, sex, religion, age, or disability status, be excluded from participation in, and denied the benefits of, or be subjected to discrimination with respect to the services funded under this Agreement.

The Subrecipient’s services shall be accessible to the physically disabled, and the services of a translator, signer or assistive listening device shall be made available. Subrecipient, in its marketing materials, shall specify assistance to access its services is available for deaf and hardof-hearing persons by calling 711 or 1-800-735-2929 and, for voice users, 1-866-735-2922 for TTY Relay Services. Subrecipient shall comply with requirements set forth in the Accessibility for Persons with Disabilities to Non-Housing Programs funded by Community Development Block Grant Funds – Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, and the Architectural Barriers Act.
b. Employment Opportunity
The Subrecipient shall comply with the CITY policy, the Community Development Block Grant regulations, and the Equal Employment Commission guidelines, which forbids discrimination against any person on the grounds of race, color, national origin, sex, religion, age, familial status, disability status, or any other status protected by law in employment practices. Such practices include retirement, recruitment advertising, hiring, layoff, termination, upgrading, demotion, transfer, rates of pay or other forms of compensation, use of facilities, and other terms and conditions of employment.
c. Suspension of Compensation
If an allegation of discrimination occurs, the City shall withhold all further funds until the Subrecipient can show by clear and convincing evidence to the satisfaction of the City that funds provided under this Agreement were not used in connection with the alleged discrimination. d. Nepotism
Except by written consent of the City, no person shall be employed by the Subrecipient who is related by blood or marriage or who is a member of the Board of Directors or an officer of the Subrecipient. In the event HUD determines a CDBG-funded Subrecipient’s 7 organization/agency operations violate federal rules and regulations with regard to nepotism and/or conducts business and a conflict of interest issue arises, then Subrecipient shall accept all responsibility to return any CDBG funds received from City.

15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.

16. Amendments
Adjustments in the nature or scope of the program plan set forth in EXHIBIT “A” or changes of any line item within the total approved budget contained in EXHIBIT “B” may be approved in writing by the City Manager, or his designee.

17. Administration
The City of Madera Grants Department shall administer this Agreement.

18. Evaluation
The City shall monitor and evaluate the performance of the Subrecipient under this Agreement to determine to the best possible degree the success or failure of the services provided under this Agreement and the adequacy of the program plan contained in EXHIBIT "A.” The Subrecipient shall participate in evaluation of the program. 8 Subrecipient shall cooperate fully with City, State and Federal agencies, which shall have the right to monitor and audit all work performed under this Agreement.

Subrecipient shall also agree to on-site monitoring and personal interviews of participants, Subrecipient’s staff, and employees by appropriate City staff.

19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.

20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.

21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.

Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.

22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity not a party to this Agreement.
9 23. Indemnification
Subrecipient shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“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 Subrecipient’s performance of its obligations under this agreement or out of the operations conducted by Subrecipient, including the City’s active or passive negligence, 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 Subrecipient’s performance of this agreement, the Subrecipient 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.

24. Independent Contractor
Subrecipient and its subcontractors shall perform this Agreement 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 Subrecipient’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Subrecipient’s employees or subcontractors, any claim or right of action against City.

25. Insurance Requirements for Service Providers
Without limiting Subrecipient’s indemnification of City, and prior to commencement of Work, Subrecipient 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
Subrecipient shall maintain limits no less than:
 $1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 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.
10  Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease.

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

Proof of Insurance
Subrecipient 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.

Primary/Non-Contributary
For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

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.

Enforcement of Contract Provisions (non estoppel)
Service Provider acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Service Provider 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 11 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 Service Provider maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Subrecipient.

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

Additional Insurance
Service Provider 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.

26. Violation of Federal Rules and Regulations
In the event HUD determines a CDBG-funded Subrecipient has violated Federal rules and regulations and HUD requires repayment of CDBG funds, then Subrecipient shall repay any CDBG funds within 90 days of a written request from CITY.

27. General Provisions
a. Entire Agreement
This Agreement constitutes the entire agreement between Subrecipient and City with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications and understandings of any nature whatsoever unless expressly included in this Agreement. 12 b. Notice.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:

To the City:

City of Madera – Grants Division
205 W. 4th St.

Madera, CA 93637
To the Subrecipient:

City of Madera – Parks Department
701 E. 5th St.

Madera, CA 93638
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. c. Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.

This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
///
13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers thereunto duly authorized as set forth below.

CITY OF MADERA: CITY OF MADERA – PARKS DEPT.:

By: ___________________________________ By: ______________________________ Cecilia Gallegos, Mayor Executive Director
Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:

By: ___________________________________ By:_________________________________ Alicia Gonzales, City Clerk Shannon Chaffin, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A

COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE

SCOPE OF WORK
PROGRAM YEAR 2026-2027
I. PROJECT NAME: Demo Project- Mexican American & Casa Buildings II. APPLICANT: Madera Parks & Community Services Department III. PROJECT DESCRIPTION: The purpose of this project is to demolish two vacant buildings, Mexican American and Casa, currently owned by the city of Madera. The Mexican American building has become a public nuisance due to ongoing vandalism from the unhoused community. The Casa building is in poor condition and has been deemed a safety hazard well beyond its useful life. Staff have concluded that it would be more cost-effective to demolish both buildings and start anew.

IV. FUNDING PROPOSAL:

A. CDBG Funds Requested: $300,000__
B. Projected Completion Date: June 2027
V. ANNUAL GOALS SUPPORTED:

Access to Affordable Housing
Prevent and Reduce Homelessness
Administration
VI. PRIORITY NEEDS ADDRESSED:

Housing Needs
Community Services
Economic Development
Public Improvements and Public Infrastructure
Homeless Needs and Services
VII. GOAL OUTCOME INDICATORS
Goal Outcome Indicator Quantity Unit of Measure
Public Facility or Infrastructure Activities
other than Low/Moderate Income
Housing Benefit.
5793
Persons Assisted
Exhibit A
VIII. CDBG COMMITMENTS:

For applicants who have received CDBG funding in the last three years and/or have an active award.

CDBG
Award
Year
Award Type Award
Amount
Remaining
Balance
Timeliness
Status
2025-2026 Capital
Improvement
$413,125 $413,125 Due to unforeseen
circumstances
project has been
delayed
2023-2024 Capital
Improvement
$215,000 $0 Met
VIIII. CONFORMANCE WITH FEDERAL FUNDING REQUIREMENTS:

A. The proposed project is eligible for CDBG funding as a Public Improvement project as defined by CFR Section 570.201(c).

B. This activity meets the Federal objective of benefiting low- and moderate-income persons as limited clientele activity under Section 570.208(a)(2) because the residents meet the low-and moderate-income threshold for eligibility X. CONFORMANCE TO CITY PLANS AND POLICIES:

A. City Priority Need Addressed: Public Improvement
B. Consolidated Plan Conformance: Conforms
Exhibit B
CDBG Program Year 2026/27 Contract Source
Program Name:

Agency Name:

Agency Site Adress:

Agency City, State, Zip:

Agency Phone number:

Director Name:

Director Phone:

Project Description:

Measure
of Service Description
Unduplicated
Clients Served
Total
unduplicated
Clients Served
Budget
Budget Line Item Madera Other Funding Program Total
Staff
Operations
Benefits
Taxes $ -
Subtotal Personnel $ -
Move-In Assistance
Project Expenses $ 284,365.00
Equipment
Communications
Meetings & Convenings
Travel & Transportation
Goals of Clients to be Served:

Number of Goals:

Goal :
5,793
Personnel:
*If you need more personnel lines, feel free to add them.

City of Madera - Parks Dept.
701 E. 5th St
Madera, CA 93638
(559) 661-5491
Joseph Hebert
(559) 661-5491
Demolition of buildings
Non-Personnel
Training
Consulting
Evaluation
Other
Subtotal Non-Personnel $ 284,365.00
Total Personnel & Non-Personnel $ 284,365.00
Indirect Costs
TOTAL $ 284,365.00
Number of Persons Served: 5793
Cost per Individual $ 49.09
Application Status Funded
Amount Funded $ 284,365.00
Other Lines needed:

Madera City Council Agenda
June 17, 2026
Agenda Item C-1
Budget Workshop – Expenses
(Report by Michael Lima)
There is no written report for this item.

Return to Agenda

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: June 17, 2026
Agenda Number: ___________
Keith Helmuth, Department Director
Arnoldo Rodriguez, City Manager
SUBJECT:

Storey Road Shoulder Paving, City Project R-60, CMAQ 5157(114) RECOMMENDATION:

Adopt a Resolution Approving the Contract Award for the Storey Road Shoulder Paving, City Project R-60, CMAQCML 5157 (114) in the amount of $284,555 to AJ Excavation Inc. and adopting a CEQA Class I (Existing Facilities) categorical exemption for the project SUMMARY:

On May 7, 2026, the City of Madera (City) received 13 bids in response to an Advertisement for Bids for Storey Road Shoulder Paving, City Project R-60, CMAQ CML 5157 (114). Of the bids received, AJ Excavation Inc. submitted the lowest responsive and responsible bid. Funding is from Congestion Mitigation and Air Quality (CMAQ) and Local Transportation Funds (LTF).

BACKGROUND:

The City was awarded CMAQ funding for two shoulder paving projects. The Storey Road Shoulder Paving City Project R-60, CMAQ CML 5157 (114) is the second of the two projects. The first, awarded on May 6, 2026, was R-37 Raymond Road Shoulder Paving.

The City prepared the plans and specifications in-house and processed them through the Caltrans Local Assistance Program for approval prior to releasing them for public bidding.

DISCUSSION:

The project limits are Storey Road adjacent to the Millview Sports Complex. The total length is approximately 2,200 lineal feet. The work consists of grading new shoulder paving, valley gutter, mow strip, and adjustment of water valves.

D-1
Return to Agenda
01425.0006 2155299.1
On April 11, 2026, the City released the project for public bidding on the City’s PlanetBids web portal. A “Notice Inviting Bids” was duly published in the Madera Tribune on April 11 and April 15, 2026. Bidders downloaded the plans and specifications from PlanetBids.

On May 7, 2026, 13 bids were received. The bids were checked for accuracy against bidding requirements, validity of licenses, and bid security. The lowest bid was AJ Excavation Inc.

On May 12, 2026 the City received a protest letter from Montgomery Walsh Construction, Inc. challenging the bid from AJ Excavation as being non-responsive. On May 19, 2026 the City also received a bid advisory from Norcal Construction Industry Compliance challenging the AJ Excavation bid as being non-responsive and non-responsible. In essence, the challenges were based on a form (Form 12-b) regarding Disadvantaged Business Enterprise (DBE) compliance that was not submitted as part of the bid response. AJ Excavation Inc. was provided an opportunity to respond and rebut the contentions. Among others, AJ Excavation Inc. pointed out the form was not required per the express language of Addendum 1 to the bid specifications. After review and confirmation by City staff it was determined there was no basis for the protest, nonresponsibility had not been established, and AJ Excavation Inc’s bid was accepted as being responsive and responsible bidder.

The bids received are summarized in Table 1.

Table 1: Bid Summary
Bidder Bid
AJ Excavation Inc $284,555.00
Walsh Montgomery Construction, Inc $315,694.50
Terra West Construction Inc. $319,959.00
Advance Engineering USA $348,927.00
Cal Valley Construction, Inc $340,693.00
Juarez Brothers General Engineering Inc. $359,086.00
Toasted Asphalt Inc $379,496.04
Seal Rite Paving $395,556.79
Granite Construction Company $407,481.00
Platinum General Engineering LLC $424,151.74
Rolfe Construction $424,725.00
Dawson-Mauldin, LLC $430,016.00
Full Signal Construction Inc. $473,800.00
Engineer’s Estimate $372,375.90
The project construction budget and funding sources are based on award to the lowest responsive and responsible bidder and are outlined in Table 2 below. 01425.0006 2155299.1
Table 2: Project Budget
Line Item Amount
AJ Excavation Inc. $284,555
Project Contingency (10%) $28,455
Construction Management, Inspection and Testing $42,683 Total Project Budget $355,693
Funding Source
Congestion Mitigation and Air Quality (CMAQ) $244,000
Local Transportation Funds (LTF) $111,693
Total Funding Source $355,693
Staff recommends award of the project to AJ Excavation Inc. for $284,555 and a provision of 10 percent of the contract amount for project contingencies as approved by the City Engineer.

ENVIRONMENTAL REVIEW:

A preliminary environmental assessment was performed which determined that this project would be categorically exempt pursuant to the CEQA Guidelines section 15301(c) Existing Facilities, as the project would consist of alterations to an existing roadway which do not create additional automobile lanes and which result in negligible expansion of capacity. Further, none of the exceptions under CEQA Guidelines section 15300.2 are applicable. Caltrans, as the lead agency for National Environmental Policy Act (NEPA), due to the federal funding on the project, determined the Project qualifies for a Categorical Exclusion under 23 CFR 771.117 (c) activity (c)(26).

FINANCIAL IMPACT:

There is no fiscal impact on the City’s General Fund. Funding for this project comes from CMAQ and LTF Streets.

ALTERNATIVES:

An alternative to awarding the contract is for Council to reject all bids. This would result in rebidding the project with risk of an increase in cost and delaying the construction. A second for Council to consider the information presented and direct staff to bring back an alternate award recommendation.

ATTACHMENTS:

1. Project Map

2. Protest and Bid Advisory Letters Received

3. Response from AJ Excavation

4. Resolution – Contract Award
a. Exhibit A – Contract Agreement
01425.0006 2155299.1
Attachment 1
Project Map
01425.0006 2155299.1
Project Map
01425.0006 2155299.1
Attachment 2
Protest and Bid Advisory Letters received

JOINT LABOR MANAGEMENT COOPERATION COMMITTEE

NORCAL CONSTRUCTION INDUSTRY COMPLIANCE
P.O. Box 340596
Sacramento, CA 95834
www.norcalcic.org
[email protected] 916.993.2051
1 May 19, 2026
Arnoldo Rodriguez
City Manager
City of Madera
205 W 4
th Street
Madera, CA 93637
[email protected]
Re: Storey Road Shoulder Paving Project - Bid Advisory Regarding A.J. Excavation, Inc.

Dear Mr. Rodriguez:

This bid advisory is submitted by NorCal Construction Industry Compliance (“NCIC”), a joint labor-management organization formed pursuant to the Labor Management Cooperation Act of 1978 (29 U.S.C. § 175a). NCIC is committed to ensuring a level playing field for contractors and workers by promoting equitable contracting and ensuring compliance with all applicable state and federal labor laws governing the construction industry.

INTRODUCTION
NCIC monitors local construction projects to help ensure that fair and open competitive bidding practices are utilized and that taxpayers get the best value for their tax dollars. This is important because the policies underlying our State's competitive bidding laws not only foster fairness among bidders but also protects the public trust.

Fair competitive bidding acts as a “guard against favoritism, improvidence, extravagance, fraud, and corruption; to prevent the waste of public funds; and to obtain the best result for the public.”1

"Competitive bidding laws are passed for the benefit and protection of the taxpaying public, not for the benefit and enrichment of bidders."2
Proper enforcement of these laws results in more
responsible contractors bidding and performing public works jobs, reduces instances of health and safety problems, promotes the timely completion of the contracted work, and helps to ensure the final product is of the highest quality and value for the taxpayer dollar.

The City of Madera (“City”) opened bids for the Storey Road Shoulder Paving Project (“Project”) on May 7, 2026. A.J. Excavation, Inc. (“A.J.”) was the apparent lowest bidder on the Project. 1 M & B Const. v. Yuba County Water Agency (1999) 68 Cal.App.4th 1353, 1360; see also Domar Electric, Inc. v. City of Los Angeles (1994) 9 Cal.4th 161, 170-171. 2 Id.
2 NCIC has concerns about the bid submitted by A.J., as well as its record of violations on prior projects, which are outlined in detail below.

In considering whether to accept A.J.’s bid, NCIC urges the City to conduct a factual inquiry to determine whether A.J. qualifies as a "responsive" and "responsible" bidder as required by law. As explained below, NCIC believes that A.J.’s bid is not responsive. It appears A.J. did not complete Exhibit 12-B: Bidder’s List of Subcontractors (DBE and Non-DBE) – Parts 1 and 2, as required by the Bidder’s Checklist included in the bid proposal forms of this Project. NCIC further believes that A.J. may not be a responsible bidder given its recent history of Civil Wage and Penalty Assessments (“CWPAs”) issued by the Department of Industrial Relations- Division of Labor Standards Enforcement (“DLSE”) in the past two years.

DISCUSSION
"A basic rule of competitive bidding is that bids must conform to specifications and that if a bid does not so conform, it may not be accepted."3 Failure to satisfy all bid specifications renders a bid non-responsive as a matter of law. Such a non-responsive bid must be rejected.

1. A.J. may be Non-Responsive because it may not have included a completed Exhibit 12-B: Bidder’s List of Subcontractors (DBE and Non-DBE) – Parts 1 and 2, as required by the Bidder’s Checklist included in the bid proposal forms of this project.

The Contract Documents & Construction Specifications for this project outline the following in the Information to Bidders:
“Each BID must be submitted with all documents listed on the Bidder’s Checklist in a sealed envelope.”
Further, the Bidder’s Checklist contains the following:
“SUBMIT THIS BIDDER’S CHECKLIST WITH YOUR BID DOCUMENTS.

Bidders shall complete and submit all documents marked with an ‘X’ in the ‘REQUIRED’ column for bids to be considered responsive.” The Bidder’s Checklist clearly indicates that the Bidder’s List of Subcontractors Exhibit 12-B is a required document to be completed and included with this bid. A.J. appears to have crossed through these pages, failing to include this required information. On the other hand, the bid proposals submitted by the other bidders for the Project all include a completed form.

2. A.J. may not be a Responsible Bidder as Required by the Public Contract Code.

In addition to requiring that the bids submitted be responsive, the Public Contract Code also requires the bidder to be responsible.4 The Public Contract Code defines a responsible bidder as a 3 Konica Bus. Machines U.S.A. Inc. v. Regents of Univ. of California (1988) 206 Cal.App.3d 449, 454 4 Public Contract Code §22032. 3 "bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract."5 According to publicly available information, A.J. was issued at least $19,509.846 in CWPAs during the past two years. The CWPAs specify failure to comply with prevailing wage and apprenticeship laws, including failure to pay the required prevailing wage and overtime rates, failure to correctly classify workers in accordance with the scope of work performed, failure to report all hours worked, and failure to comply with provisions involving the employment of apprentices. The table below provides a summary of each CWPA naming A.J. as the affected contractor/defendant.