Agenda packet, regular meeting — Madera City Council, July 20, 2022 (part 1 of 4)

Updated 7/15/2022 at 7:30 p.m. Madera City Council Agenda Page 1 of 5 July 20, 2022

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

NOTICE AND AGENDA
Wednesday, July 20, 2022 Council Chambers
6:00 p.m. City Hall
The Council Chambers will be open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID: 878 3600 4294#. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

CALL TO ORDER:

APPROVAL OF AGENDA:

PUBLIC COMMENT:

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

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

WRITTEN COMMUNICATIONS: None
Updated 7/15/2022 at 7:30 p.m. Madera City Council Agenda Page 2 of 5 July 20, 2022
PRESENTATIONS:

INTRODUCTIONS: None
A. WORKSHOP: None
B. CONSENT CALENDAR:

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

B-1 Minutes – 09/01/21, 02/16/22, 03/02/22, 03/16/22
Recommendation: Approve the City Council Minutes of 09/01/21, 02/16/22, 03/02/22, 03/16/22
B-2 Informational Report on Register of Audited Demands for June 25, 2022 to July 8, 2022 Recommendation: No Action Required (Report by Kingsley Okereke) B-3 Informational Report on Personnel Activity
Recommendation: No Action Required (Report by Wendy Silva) B-4 Contract Award for Request for Proposals (RFP) 202122-13 Account Collection Services to CB Services, Inc.

Recommendation: Adopt a Resolution Awarding the Contract to CB Business Services, Inc. for RFP 202122-13, Account Collection Services (Report by Kingsley Okereke) B-5 Agreement for Design Services for Olive Park
Recommendation: Adopt a Resolution Awarding a Contract under RFQ No. 202122-15 to O’Dell Engineering for design services for Olive Park and Approving a Consultant Services Agreement in the amount of $238,013 (Report by Joseph Hebert)
B-6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program 2022/23 Grant Recommendation: Adopt a Resolution Authorizing Submission of an Application to the Edward Byrne Memorial Justice Assistance Grant Program for Fiscal Year 2022/23 (Report by Kingsley Okereke)
B-7 Letter of Appreciation for Senator Caballero
Recommendation: Letter of Appreciation to Senator Anna Caballero for her support for the Avenue 13 Sewer Rehabilitation Project (Report by Arnoldo Rodriguez) C. PUBLIC HEARINGS:

C-1 Public Hearing Relating to Potential Increases in Water, Sewer, Storm Drainage and Solid Waste Rates
Recommendation: Staff recommends that the Council take the following actions:
1) Conduct public hearing to receive written protests and public testimony regarding proposed increases in proposed water, sewer, storm drainage and solid waste rate adjustments.

Updated 7/15/2022 at 7:30 p.m. Madera City Council Agenda Page 3 of 5 July 20, 2022
2) Direct staff to tally all valid written protests and report as to whether a majority protest of proposed water, sewer and solid waste exists.
3) Water, Sewer, and Solid Wastes: If a majority protest does not exist relative to water, sewer, and/or solid waste rates, adopt the following resolution(s):
a. Resolution of the City Council of the City of Madera, California, Establishing Monthly Rates to be Charged for Water Furnished by the City for a five-year period and Repealing Resolution 15-156 and all Other Resolutions in Conflict Herewith; and b. Resolution of the City Council of the City of Madera, California, Establishing Monthly Rates to be Charged for Sewer Furnished by the City and Repealing Resolution 15- 157 and All Other Resolutions in Conflict Herewith; and c. Resolution of the City Council of the City of Madera, California, Establishing Monthly Rates to be Charged for Solid Waste Services Furnished by the City and Repealing Resolution 13-76 and All Other Resolutions in Conflict herewith Direct staff to tally the storm drainage ballots and report the results.
4) Storm Drainage: If a majority of the votes approve the adjustment to storm drainage rates, adopt the Resolution Establishing Monthly Rates to be Charged for Storm Drainage Service’s furnished by the City and Repealing Resolution 92-120 and All Other Resolutions in Conflict Herewith (Report by Kingsley Okereke)
C-2 Public hearing to approve the Community Development Block Grant (CDBG) 2022-2023 Action Plan final funding allocations and subrecipient agreements including an updated recommendation of allocated funds towards McNally Park
Recommendation: Conduct a public hearing to receive final public input on the 2022/2023 Action Plan and:
1) Approving a Subrecipient Agreement for Services ($5,000) with Madera Coalition for Community Justice; and
2) Approving a Subrecipient Agreement for Services ($32,500) with Madera Rescue Mission; and
3) Approving a Subrecipient Agreement for Services ($35,400) with O.L.I.V.E. Charitable Organization; and
4) Approving a Subrecipient Agreement for Services ($10,000) with Pequeños Empresarios; and
5) Approving a Subrecipient Agreement for Services ($34,000) with Madera Coalition for Community Justice; and
6) Approving a Subrecipient Agreement for Services ($21,401.50) with City of Madera, Parks & Community Services; and
7) Approving a Subrecipient Agreement for Services ($20,000) with Community Action Partnership of Madera County, Inc.; and
8) Approving a Subrecipient Agreement for services ($25,000) with City of Madera Engineering Department; and
9) Approving a Subrecipient Agreement for Services ($25,000) with City of Madera Public Works Department (Report by Kingsley Okereke)
Updated 7/15/2022 at 7:30 p.m. Madera City Council Agenda Page 4 of 5 July 20, 2022
C-3 Public Hearing to Consider Declaration of Nuisances and Abatement Order for Overgrown Weeds
Recommendation: Conduct a Public Hearing to consider any objections to the proposed removal of overgrown weeds and adopt a resolution ordering the abatement of weed nuisances in the City (Report by Dino Lawson) D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Designation of a Stakeholder Group to Participate in a High Road Transition Collaborative for the Community Economic Resiliency Fund Program CERF
Recommendation: Adopt a Resolution to Designate a member to Serve as a Stakeholder for the High Road Transition Collaborative for the Central Valley Community Economic Resiliency Fund Program (CERF) (Report by Arnoldo Rodriguez) D-2 Designation of a Voting Delegate and Alternates for the League of California Cities 2022 Annual Conference
Recommendation: Adopt a Resolution to Designate a Voting Delegate and up to two Alternates for the 2022 League of California Cities’ Annual Business Meeting (Report by Arnoldo Rodriguez)
D-3 Calling for and Giving Notice of the Holding of a General Municipal Election to be Held on November 8, 2022 for the Election of Council Members for Districts 1, 3, and 5; and requesting that the Madera County Clerk Render Specified Election Services Recommendation: Adopt a Resolution calling for and requesting consolidation of the City’s general election with the Statewide election on November 8, 2022, for the election of Council Members for Districts 1, 3, and 5 and that the Madera County Clerk render specified election services relating to the conduct of the election (Report by Alicia Gonzales)
D-4 Provide an Update on the Progress of the Madera Transit Plan and Request Approval to enter into a Phase 2 Agreement with WSP USA, Inc.

Recommendation: Adopt a Resolution Approving the Agreement with WSP USA, Inc. for Phase 2 of the Madera Transit Plan: Outreach and Implementation in the amount of $87,391.24 (Report by Kingsley Okereke)
D-5 Grant Offer for Airport Improvement Program (AIP)
Recommendation: Adopt a Resolution Authorizing the City Manager to execute the Grant Offer for Airport Improvement Program (AIP) Project No. 3-06-0144-034- with the Federal Aviation Administration in the amount of $1,172,875 (Report by Arnoldo Rodriguez)
E. ADMINISTRATIVE REPORTS:

E-1 Discussion and Direction regarding a proposed Temporary Sewer Lift Station to serve the Villages at Almond Grove
Recommendation: This report is submitted for Discussion and Direction regarding a proposed Temporary Lift Station for a portion of The Villages at Almond Grove Specific Plan (Report by Arnoldo Rodriguez)
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

Updated 7/15/2022 at 7:30 p.m. Madera City Council Agenda Page 5 of 5 July 20, 2022
This portion of the meeting is reserved for the Mayor and Councilmembers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to request updates, (iii) to initiate future agenda items., and (iv) to take action on matters initiated under this section of the agenda. Under this section the Council may take action only on items specifically agendized and which meet other requirements for action.

G. CLOSED SESSION: None
ADJOURNMENT:

UPCOMING MEETING DATES:
 Wednesday, August 3, 2022
 Wednesday, August 17, 2022
 Please silence or turn off cell phones and electronic devices while the meeting is in session.  Regular meetings of the Madera City Council are held the 1st and 3rd Wednesday of each month at 6:00 p.m. in the Council Chambers at City Hall.
 A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (559) 661-5405 or by email at [email protected] .
 The meeting room is accessible to the physically disabled, and the services of a translator can be made available. Request for additional accommodations for the disabled, signers, assistive listening devices, or translators needed to assist participation in this public meeting should be made at least seventytwo (72) hours prior to the meeting. Please call the Human Resources Office at (559) 661-5401. Those who are hearing impaired may call 711 or 1-800-735-2929 for TTY Relay Service.  Questions regarding the meeting agenda or conduct of the meeting, please contact the City Clerk’s Office at (559) 661-5405.
 Para asistencia en español sobre este aviso, por favor llame al (559) 661-5405.

I, Alicia Gonzales, City Clerk for the City of Madera, declare under penalty of perjury that I posted the above agenda for the Regular Meeting of the Madera City Council for July 20, 2022, near the front entrances of City Hall and on the City’s website www.madera.gov at 7:30 p.m. on July 15, 2022. _______________________
Alicia Gonzales, City Clerk
City of Madera City Council Minutes
205 W. 4th Street March 2, 2022
Madera, CA 93637 Page 1 of 8

Minutes of a Regular Meeting of the Madera City Council

Wednesday, March 2, 2022 Council Chambers
6:00 p.m. City Hall
The Council Chambers will be open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID: 832 4470 2891#. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

The City will observe the Madera County Public Health Department recommendations. This may limit seating in the Council Chamber; however, the City will have seating available in the foyer. All persons visiting City facilities shall observe health and safety protocols.

CALL TO ORDER: Meeting was called to order at 6:03 p.m.

ROLL CALL: Mayor Santos Garcia
Mayor Pro Tem Anita Evans, District 4
Councilmember Cece Gallegos, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Hilda Cantu Montoy, Chief Building Official Steven Woodworth, City Engineer Keith Helmuth, Fire Chief Matt Watson, Director of Human Resources Wendy Silva, Interim Parks Director Joseph Hebert, Interim Director of Financial Services Anthony Forestiere, Information Services Manager Mark Souders, Police Chief Dino Lawson, Interim Public Work Director Dan Foss, Alexis Raymundo, Assistant Engineer, Jonathan Gramajo, Assistant Engineer, Marcela Zuniga, Grants Administrator, and Communication Specialist Joseph Carrello.

INVOCATION: Rabbi Paul Gordon, Congregation Beth Jacob
PLEDGE OF ALLEGIANCE: Daniel Foss, Interim Public Works Director APPROVAL OF AGENDA:

Late distribution announcement made by City Clerk, Alicia Gonzales. Pursuant to government code section 54957.5, members of the public are advised that less than 72 hours prior to this evening’s meeting, Item: B-1
Minutes for: 03/02/2022
Adopted: 07/20/2022
City of Madera City Council Minutes
205 W. 4th Street March 2, 2022
Madera, CA 93637 Page 2 of 8
Item B-7, final map was distributed to the council and posted on the city’s website after the agenda packet was posted. Members of the public wishing to view or obtain a copy of this item may do so by visiting the City of Madera meeting and agenda page located on the city’s website. Copies of this item are also available at the podium.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER VILLEGAS, THE AGENDA WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
PUBLIC COMMENT:

No Public Comment was submitted. Public Comment was closed.

WRITTEN COMMUNICATIONS: None
PRESENTATIONS:

1. Department of Public Health Update on COVID-19 (Report by Madera County Public Health Department)

2. Madera District Fair Award Recognition
INTRODUCTIONS:

A. WORKSHOP: None
B. CONSENT CALENDAR:

No public comment was submitted.

City of Madera City Council Minutes
205 W. 4th Street March 2, 2022
Madera, CA 93637 Page 3 of 8

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY MAYOR PRO TEM EVANS, THE CONSENT CALENDAR WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN:

NONE. COUNCILMEMBER MEJIA ABSTAINED FROM VOTING ON ITEM B-1.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
B-1 Minutes – 07/21/21
Recommendation: Approve the City Council Minutes of July 21, 2021 B-2 Informational Report on Register of Audited Demands for February 5, 2022 to February 18, 2022
Recommendation: No Action Required (Report by Anthony Forestiere) B-3 Second Reading and Adoption of an Ordinance for a Rezone related to the development of the Sunset Apartment Project
Recommendation: Waive full reading and Adopt an Ordinance, rezoning the approximately

0.2 northern acres of Assessor’s Parcel Number 006-182-007 to the R3 (One unit per 1,800 square feet of site area) zone district (Report by Arnoldo Rodriguez)
ORD 985 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA

AMENDING THE OFFICIAL CITY OF MADERA ZONING MAP TO REZONE THE APPROXIMATELY 0.2 NORTHERN ACRES OF PROPERTY LOCATED AT THE

NORTHEAST CORNER OF THE INTERSECTION OF SUNSET AND ORCHARD AVENUES (APN: 006-182-007) FROM THE R1 TO THE R3 ZONE DISTRICT B-4 Second Reading and Adoption of an Ordinance Amending the City’s Municipal Code Relating to the Appointment Process for City Boards, Committees, and Commissions Recommendation: Waive full reading and Adopt an Ordinance Amending §2-3.101 OF TITLE II, CHAPTER 3 of the Madera Municipal Code relating to the appointments process for City Boards, Committees, and Commissions (Report by Arnoldo Rodriguez)
ORD 986 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA AMENDING SECTION § 2-3.101 OF TITLE II, CHAPTER 3 OF THE

MADERA MUNICIPAL CODE RELATING TO APPOINTMENTS AND TERMS TO

CITY BOARDS, COMMITTEES, AND COMMISSIONS
B-5 2020-21 City St. 3R & ADA Project, State Project No. LPP SB1-LLPL 5157 (120), City Project No. R-71
City of Madera City Council Minutes
205 W. 4th Street March 2, 2022
Madera, CA 93637 Page 4 of 8
Recommendation: Adopt a Minute Order Approving
1) Acceptance of 2020-21 City St. 3R & ADA Project, State Project No. LPP SB1- 5157 (120), City Project No. R-71; and
2) The Recording of Notice of Completion; and,
3) The release of retention 35 days after recording of the Notice of Completion (Report by Keith Helmuth)
B-6 Amendment to the Application for Transportation Development Act (TDA) – Local Transportation Funds (LTF) and State Transit Assistance (STA) Funds for Fiscal Year (FY) 2021/22 and Rescinding Resolution No. 22-05
Recommendation:
1) Adopt a Resolution Rescinding Resolution No. 22-05 and approving the amended application for TDA, LTF for FY 2021/22 with FY 2020/21 carryover balances; and 2) Authorizing the City Engineer to execute the amended application and submit it to the MCTC for approval and adoption (Report by Keith Helmuth) RES 22-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING AMENDMENTS TO THE APPLICATIONS FOR

TRANSPORTATION DEVELOPMENT ACT (TDA) - LOCAL TRANSPORTATION

FUNDS (LTF) AND STATE TRANSIT ASSISTANCE (STA) FUNDS FOR FISCAL YEAR (FY) 2021/22 AND AUTHORIZING THE CITY ENGINEER TO EXECUTE

AND SUBMIT THE APPLICATIONS TO MADERA COUNTY TRANSPORTATION

COMMISSION (MCTC)
B-7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2021 funding allocation Recommendation: Adopt a Resolution Authorizing a Budget Amendment to the JAG FY 2021 Program budget as a result of accepting Grant in the amount of $27,829 (Report by Anthony Forestiere)
RES 22-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING A BUDGET AMENDMENT TO THE JAG GRANTS

FUND ACCEPTING THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FY 2021 FUNDING ALLOCATION
B-8 Amendment to Lease Agreements at the Madera Intermodal Transit Center Recommendation: Adopt a Resolution Approving Amendment No. 1 to the Lease Agreement between the City and Greyhound for the use of the Intermodal Transit Center and Rescinding Resolution No. 22-03 (Report by Anthony Forestiere)
RES 22-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE LEASE AGREEMENT BETWEEN THE CITY OF MADERA AND GREYHOUND LINES, INC. A

DELAWARE CORPORATION FOR THE USE OF THE INTERMODAL TRANSIT CENTER AND RESCINDING RESOLUTION NO. 22-03
City of Madera City Council Minutes
205 W. 4th Street March 2, 2022
Madera, CA 93637 Page 5 of 8
B-9 Amendment to Existing Consultant Contract between the City and NBS Relating to Utility Rate Studies
Recommendation: Adopt a Resolution Approving First Amendment to Agreement for Professional Services between the City and NBS Relating to Rate Studies for Additional Services at a Cost of $30,000 (Report by Anthony Forestiere) RES 22-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING SECOND AMENDMENT TO PROFESSIONAL

SERVICES AGREEMENT BETWEEN THE CITY OF MADERA AND NBS

RELATING TO RATE STUDIES FOR ADDITIONAL SERVICES AND INCREASE OF FEES
C. PUBLIC HEARINGS:

C-1 7:00PM – Redrawing of Council Member District Boundaries (Redistricting) Recommendation:
1) Receive a report on the redistricting process, feedback from the February 6, 2022, second redistricting workshop draft maps, and permissible criteria to be considered to redraw district boundaries;
2) Conduct Public Hearing #4 on redistricting and receive public input; and 3) Provide feedback on preferred map or maps, and/or desired changes to draft maps (Report by Alicia Gonzales)
Presentation by Joanna Gin, BBK Associate
City Attorney comments were heard.

Public Hearing was opened.

Comments were heard from Wally Nishimoto author of map option 4 and map option 6.

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

City Council comments were heard.

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY MAYOR PRO TEM EVANS, ITEM C-1, MAP OPTION 5 WAS APPROVED BY A 6/1 VOTE. NOES: MAYOR GARCIA.

ABSENT: NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS
NO: 1 - MAYOR GARCIA
C-2 Updating Prima Facie Speed Limits on Designated City Streets in Compliance with Vehicle Code Regarding Speed Surveys on City Streets
City of Madera City Council Minutes
205 W. 4th Street March 2, 2022
Madera, CA 93637 Page 6 of 8
Recommendation: Introduce an Ordinance Amending Section 3-5.08 of Chapter 5 of Title 3 of the Madera Municipal Code (MMC) to Update Prima Facie Speed Limits on City Streets (Report by Keith Helmuth)
Item C-2 was heard prior to Item C-1 Redistricting Public Hearing.

Keith Helmuth City Engineer introduced Jonathan Gramajo.

Jonathan Gramajo Assistant Engineer presented item C-2.

City Council comments were heard.

No public comment was submitted.

ON MOTION BY MAYOR PRO TEM EVANS AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM C-2 WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA

INTRO ORD AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA AMENDING SECTION 3-5.08 OF CHAPTER 5 OF TITLE Ill OF THE MADERA MUNICIPAL

CODE RELATING TO INCREASING STATE SPEED LIMIT IN CERTAIN ZONES C-3 Public Hearing Relating to Annexation of Certain Properties into Zone of Benefit 40 and Zone of Benefit 51 to the Citywide Landscape and Lighting Assessment Districts (LMD) Zone for Fiscal Year 2022/23
Recommendation: Adopt Resolutions Approving Annexation of Certain Properties to Citywide Lighting and Landscaping Assessment Districts:
1) Resolution Approving Annexation No. 2022 -01 for Annexation of APN 012-253-002, 012- 270-001, and APN 012-270-002 (Rai Apartments) Into Zone of Benefit 40; Confirming the Diagram and Assessment for Citywide Landscape and Lighting Assessment District Zone of Benefit 40 for Fiscal Year (FY) 2022/23; and Authorizing the City Clerk to File the Diagram and Assessment with the Madera County Auditor; and
2) Resolution Approving Annexation No. 2022-02 for annexation of APN 010-193-010 (Caliber); APN 012-133-039 (ARCO); APN 003-194-012 (Starbucks Country Club Drive) Into Zone of Benefit 51; Confirming the Diagram and Assessment for Citywide Landscape and Lighting Assessment District Zone of Benefit 51 for Fiscal Year (FY) 2022/23; and Authorizing the City Clerk to File the Diagram and Assessment with the Madera County Auditor (Report by Keith Helmuth)
Item C-3 was heard prior to Item C-1 Redistricting Public Hearing.

Presentation by Administrative Analyst Nicole Say.

City of Madera City Council Minutes
205 W. 4th Street March 2, 2022
Madera, CA 93637 Page 7 of 8
No public comment was submitted.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEBER GALLEGOS, ITEM C-3 WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
RES 22-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING ANNEXATION NO. 2022-01 FOR ANNEXATION OF APN: 012-253-002, APN: 012-270-001, AND APN: 012-270-002 (RAI APARTMENTS) INTO ZONE OF BENEFIT 40; CONFIRMING THE DIAGRAM

AND ASSESSMENT FOR CITYWIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT ZONE OF BENEFIT 40 FOR FISCAL YEAR (FY) 2022/23; AND

AUTHORIZING THE CITY CLERK TO FILE THE DIAGRAM AND ASSESSMENT

WITH THE MADERA COUNTY AUDITOR
RES 22-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING ANNEXATION NO. 2022-02 FOR ANNEXATION NO. 2022-23 FOR ANNEXATION OF APN 010-93-010 (CALIBER COLLISION); APN 012-13-039 (ARCO GAS STATION), AND APN 003-194-012 (STARBUCKS AT COUNTRY CLUB DRIVE) INTO ZONE OF BENEFIT 51; CONFIRMING THE

DIAGRAM AND ASSESSMENT FOR CITYWIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT ZONE OF BENEFIT 51 FOR FISCAL YEAR (FY) 2022/23;

AND AUTHORIZING THE CITY CLERK TO FILE THE DIAGRAM AND

ASSESSMENT WITH THE MADERA COUNTY AUDITOR
Mayor Garcia called for a recess at 6:44 p.m. Council will return from recess at 7:00 p.m. and commence Item C-1.

The Council returned from recess at 7:02 p.m. Item C-1 was heard.

D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS: None E. ADMINISTRATIVE REPORTS: None
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

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

City of Madera City Council Minutes
205 W. 4th Street March 2, 2022
Madera, CA 93637 Page 8 of 8
Councilwoman Gallegos stated it is Read Across America Week and encouraged folks to read to their young ones.

Councilmember Rodriguez nothing to report.

Councilmember Montes nothing to report
Councilwoman Mejia recognized Women’s History Month.

Mayor Pro Tem Evans gave a shout out Madera High School for organizing Taste of Soul where she was a guest speaker.

Councilmember Villegas nothing to report.

Mayor Garcia stated he and City Manager Arnoldo Rodriguez did an interview with the local Spanish TV station Channel 21. He also stated he read a book about Jackie Robinson to students at Sierra Vista Elementary School for Read Across America Week.

G. CLOSED SESSION:

G-1 Conference with Legal Counsel – Anticipated Litigation: Significant Exposure to Litigation - Pursuant to Government Code §54956.9(d)(2)
Workers’ Compensation: John Cortes – One (1) claim
G-2 Conference with Legal Counsel – Existing Litigation Pursuant to Government Code §54956.9(d)(1)
Workers’ Compensation: Brian Hutchison EAMS No. ADJ12672547 Mark Manzo EAMS No. ADJ12491801
City Attorney Hilda Cantu Montoy made the closed session announcement at 7:50 p.m.

Council returned from Closed Session at 8:34 p.m. with all members of the Council present.

City Attorney announced there was no reportable action.

ADJOURNMENT: Meeting was adjourned at 8:34 p.m.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN
Approval of the minutes is not addressed in the vision or action plans; the requested action is also not in conflict with any of the actions or goals contained in that plan.

ALICIA GONZALES, City Clerk SANTOS GARCIA, Mayor
City of Madera City Council Minutes
205 W. 4th Street February 16, 2022
Madera, CA 93637 Page 1 of 10

Minutes of a Regular Meeting of the Madera City Council Wednesday, February 16, 2022 Council Chambers
6:00 p.m. City Hall
The Council Chambers will be open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID: 890 5245 9216#. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

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

ROLL CALL:

All Present: Mayor Santos Garcia
Mayor Pro Tem Anita Evans, District 4
Councilmember Cece Gallegos, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Hilda Cantu Montoy, Chief Building Official Steven Woodworth, City Engineer Keith Helmuth, Fire Chief Matt Watson, Interim Parks Director Joseph Hebert, Interim Director of Financial Services Anthony Forestiere, Information Services Manager Mark Souders, Police Chief Dino Lawson, Interim Public Work Director Dan Foss, Deputy City Engineer Randy Bell, Assistant Engineer Alexis Raymundo, Gabriel Bostan, Wastewater Treatment Plan Operator, Adam Klier, Assistant Planner, Marcela Zuniga, Grants Administrator, David Huff, Program Manager, Adam Romero, Recreation/Community Program Coordinator, and Communication Specialist Joseph Carrello.

INVOCATION: Pastor John Pursell, Believer’s Church
PLEDGE OF ALLEGIANCE: Councilmember Steve Montes
Item: B-1
Minutes for: 02/16/2022
Adopted: 07/20/2022
City of Madera City Council Minutes
205 W. 4th Street February 16, 2022
Madera, CA 93637 Page 2 of 10
APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY MAYOR PRO TEM EVANS, THE AGENDA WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
PUBLIC COMMENT:

Kirk Atamian submitted written public comment regarding applications for cannabis dispensaries.

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

WRITTEN COMMUNICATIONS: None
PRESENTATIONS:

1. Department of Public Health Update on COVID-19 (Report by Madera County Public Health Department)
INTRODUCTIONS:

1. Gabriel Baston, Wastewater Treatment Plant Operator (Introduction by Dan Foss) A. WORKSHOP: None
B. CONSENT CALENDAR:

ON MOTION BY MAYOR PRO TEM EVANS AND SECONDED BY COUNCILMEMBER VILLEGAS, THE CONSENT CALENDAR WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE.

ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

City of Madera City Council Minutes
205 W. 4th Street February 16, 2022
Madera, CA 93637 Page 3 of 10
YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
B-1 Minutes – 06/16/21
Recommendation: Approve the City Council Minutes of June 16, 2021 B-2 Informational Report on Register of Audited Demands for January 22, 2022 to February 4, 2022
Recommendation: No Action Required (Report by Anthony Forestiere) B-3 Informational Report on Personnel Activity
Recommendation: No Action Required (Report by Wendy Silva) B-4 Claims Settlement Authority Delegated to the City Manager Recommendation: Waive Full Reading and Adopt an Ordinance of the City of Madera Amending Section 1-6.18 of Title I Chapter 6 of the Madera Municipal Code relating to City Manager Authority on Claims Against the City (Report by Wendy Silva)
ORD 984 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA AMENDING SECTION 1-6.18 OF TITLE I CHAPTER 6 OF THE MADERA

MUNICIPAL CODE RELATING TO CITY MANAGER AUTHORITY ON CLAIMS

AGAINST CITY
B-5 State Ballot Measure 21-0042A1, the Taxpayer Protection and Government Accountability Act
Recommendation: Adopt a Resolution Establishing the City’s Opposition to State Ballot Measure 21-0042A1, Taxpayer Protection and Government Accountability (Report by Arnoldo Rodriguez)
RES 22-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, OPPOSING STATE BALLOT MEASURE 21-0042A1, TAXPAYER

PROTECTION AND GOVERNMENT ACCOUNTABLITY ACT
B-6 Second Amendment to Professional Services Agreement with The Pun Group for completion of Fiscal Year (FY) 2020-21 and FY 2021-22 financial audits Recommendation: Adopt a Resolution Approving a Second Amendment to the Agreement for Professional Services with the Pun Group to extend the Agreement for Completion of the FY 2020-21 and FY 2021-22 Financial Audits and set the fee for the FY 2021-22 Audit Services not to Exceed $54,636 (Report by Anthony Forestiere)
RES 22-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING THE SECOND AMENDMENT TO AGREEMENT

FOR PROFESSIONAL SERVICES WITH THE PUN GROUP
City of Madera City Council Minutes
205 W. 4th Street February 16, 2022
Madera, CA 93637 Page 4 of 10
B-7 Amendments to Agreements between the City and MV Public Transportation, Inc.

Recommendation:
1) Adopt a Resolution Approving Amendment No. 2 to Agreement for Management and Operation of Madera Transit Services Agreement with MV Public Transportation, Inc. to include required FTA Regulatory Provisions and Rescinding Resolution No. 21-137; and RES 22-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING REVISIONS TO AMENDMENT NO. 2 TO THE AGREEMENT FOR

MANAGEMENT AND OPERATION OF MADERA TRANSIT SERVICES BETWEEN THE CITY OF MADERA AND MV PUBLIC TRANSPORTATION, INC., AND RESCINDING RESOLUTION NO. 21-137
2) Adopt a Resolution Approving Amendment No. 2 to the Lease Agreement between the City and MV Public Transportation, Inc. to include required FTA Regulatory Provisions and Rescinding Resolution No. 21-138 (Report by Anthony Forestiere) RES 22-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING REVISIONS TO AMENDMENT NO. 2 TO THE LEASE AGREEMENT BETWEEN THE CITY OF MADERA AND MV PUBLIC TRANSPORTATION, INC., AND RESCINDING RESOLUTION NO. 21-138
C. PUBLIC HEARINGS:

C-1 Public Hearing Relating to Annexation of Certain Properties into Zone of Benefit 40 and Zone of Benefit 51 to the Citywide Landscape and Lighting Assessment Districts (LMD) Zone for Fiscal Year 2022/23
Recommendation: Continue Public Hearing to City Council Meeting of March 2, 2022, at 6:00 PM (Report by Keith Helmuth)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, ITEM C-1 WAS CONTINUED TO THE MARCH 2, 2022 CITY COUNCIL MEETING BY A 7/0 VOTE.

NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
C-2 General Plan Amendment and Related Rezoning of Property for the Development of the Sunset Apartment Project
Recommendation: It is recommended that the City Council hold the Public Hearing and after it is closed take the following actions by separate motion in order presented:

City of Madera City Council Minutes
205 W. 4th Street February 16, 2022
Madera, CA 93637 Page 5 of 10
1) Adopt a Resolution Amending the General Plan Land Use Map for Property (Approximately 0.875 Acres) Located at the Northeast Corner of the Intersection of Sunset and Orchard Avenues, Amending the Commercial General Plan Land Use Designation to High Density Residential and Adopting a Negative Declaration (APN: 006- 182-007); and
Waive full reading and introduce an Ordinance Rezoning the Approximately 0.2 Northern Acres of the Property Located at the Northeast Corner of the Intersection of Sunset and Orchard Avenues (APN: 006-182-007) to Adjust the Boundaries of the R3 (One unit per 1,800 square feet of site area) Zone District and Delete the R1 (One unit per 6,000 square feet of site area) Zone District (Report by Arnoldo Rodriguez) Report presented by Sara Allinder, Provost & Pritchard Consulting Group Mayor opened Public Comment.

Mrs. Leslie H. Hayes submitted an email for Public Comment.

Public comment was made by Mr. Roger Evans.

Mayor closed Public Comment.

City Council comments were heard.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, ITEM C-2 WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
RES 22-22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING

AN AMENDMENT TO THE GENERAL PLAN CHANGING THE LAND USE
DESIGNATION OF APPROXIMATELY 0.875 ACRES LOCATED AT THE

NORTHEAST CORNER OF THE INTERSECTION OF SUNSET AVENUE AND

ORCHARD AVENUE TO MODIFY THE LAND USE DESIGNATION OF
COMMERCIAL TO HIGH DESNITY RESIDENTIAL (APN: 006-182-007) AND

ADOPTING A NEGATIVE DECLARATION

INTRO ORD AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA AMENDING

THE OFFICIAL CITY OF MADERA ZONING MAP TO REZONE THE
APPROXIMATELY 0.2 NORTHERN ACRES OF PROPERTY LOCATED AT THE

NORTHEAST CORNER OF THE INTERSECTION OF SUNSET AND ORCHARD AVENUES (APN: 006-182-007) FROM THE R1 TO THE R3 ZONE DISTRICT City of Madera City Council Minutes
205 W. 4th Street February 16, 2022
Madera, CA 93637 Page 6 of 10
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Agreement for Lions Town & Country Park Renovation
Recommendation: Adopt a Resolution awarding contract to Nish-ko, Inc. under IFB 202122- 09 for Lions Town & Country Park Ballfields #1 & #2 Renovation, estimated at $65,216 and approving a Contractor Services Agreement (Report by Joseph Hebert)
Presentation by Adam Romero, Recreation/Community Program Coordinator Mayor Garcia opened Public Comment.

No Public Comment was submitted. Public Comment was closed.

City Council comments were heard.

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER RODRIGUEZ, ITEM D-1 WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE.

ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
RES 22-23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA AWARDING A CONTRACT RELATING TO INVITATION FOR BID NO. 202122-09 TO NISHKO, INC. AND APPROVING A CONTRACTOR SERVICES AGREEMENT D-2 Planned Caltrans Project on State Route 145 (SR 145) Recommendation: Consider Adoption of a Resolution Approving Caltrans Proposed Road Diet to be Constructed as Part of Caltrans Downtown Madera CAPM Project (06-0Y180) and/or Provide Direction (Report by Keith Helmuth) Presentation by City Engineer Keith Helmuth and Caltrans Staff.

Mayor opened Public Comment.

Public Comment was made by Mona Davies on behalf of the Madera Downtown Association.

Written Public Comment was submitted by the Madera Downtown Association.

Written Public Comment was also submitted by Bobby Kahn, Madera EDC, Supervisor Leticia Gonzalez, Madera County, and Supervisor Brett Frazier, Madera County.

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

City Council comments were heard.

City Engineer comments were heard.

City of Madera City Council Minutes
205 W. 4th Street February 16, 2022
Madera, CA 93637 Page 7 of 10
City Manager comments were heard.

ON MOTION BY MAYOR GARCIA AND SECONDED BY COUNCILMEMBER MEJIA, ITEM D-2 WAS

APPROVED AND THE RESOLUTION TO INCLUDE CONSIDERATIONS OF ROUNDABOUTS AND MEDIANS BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
RES 22-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA

APPROVING CALTRANS PROPOSED ROAD DIET TO BE CONSTRUCTED AS PART OF CALTRANS DOWNTOWN MADERA CAPM PROJECT (06-0Y180) D-3 Coordination of Ongoing Federal Transportation Administration Funded Activities for the Madera Urbanized Area
Recommendation: Adopt a Resolution Approving the Memorandum of Understanding between the City of Madera and Madera County Regarding Coordination of Ongoing Federal Transportation Administration (FTA) Funded Activities for the Madera Urbanized Area (Report by Anthony Forestiere) No Public Comment was submitted. Public Comment was closed.

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM D-3 WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
RES 22-25 A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF MADERA AND MADERA COUNTY REGARDING

COORDINATION OF ONGOING FEDERAL

TRANSPORTATIONADMINISTRATION (FTA) FUNDED ACTIVITIES FOR THE

MADERA URBANIZED AREA
D-4 Remote City Council Meetings Under Brown Act Requirements (Assembly Bill 361) City of Madera City Council Minutes
205 W. 4th Street February 16, 2022
Madera, CA 93637 Page 8 of 10
Recommendation:
1) Council to decide to allow Public Meetings by the City Council and all Boards, Commissions, and Standing Committees of the City with the remote meeting requirements set forth by the Brown Act; or
2) Council to decide to adopt a Resolution Reauthorizing Remote Teleconference Public Meetings by the City Council and All Boards, Commissions, and Standing Committees of the City in Accordance with Assembly Bill 361 for a Period of 30 Days (Report by Arnoldo Rodriguez)
No Public Comment was submitted. Public Comment was closed.

Councilmember Gallegos comments were heard.

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM D-3 WAS APPROVED BY A 6/1 VOTE. NOES: COUNCILMEMBER GALLEGOS. ABSENT:

NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 – COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
NO: 1 - COUNCILMEMBER GALLEGOS
RES 22-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

REAUTHORIZING REMOTE TELECONFERENCE MEETINGS BY THE CITY

COUNCIL AND ALL BOARDS, COMMISSIONS, AND STANDING COMMITTEES OF THE CITY IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR A PERIOD OF

THIRTY DAYS
D-5 Administrative Hearing Officer
Recommendation:
1) Adopt a Resolution Approving an Agreement for Services with David Austin to Serve as the Administrative Hearing Officer; and
2) Approve a Budget Amendment Not to Exceed $25,000 to Cover Costs Associated with the Agreement (Report by Arnoldo Rodriguez)
No Public Comment was submitted. Public Comment was closed.

Councilmember Gallegos comments were heard.

City Attorney comments were heard.

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER MONTES, ITEM D-3 WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN:

NONE.

City of Madera City Council Minutes
205 W. 4th Street February 16, 2022
Madera, CA 93637 Page 9 of 10
THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
RES 22-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, AWARDING RFP NO. 202122-05 TO DAVID AUSTIN AND

APPROVING A CONSULTANT SERVICES AGREEMENT
D-6 Revisions to the Appointment Process for City Boards, Committees, and Commissions Recommendation: Waive full reading and introduce an Ordinance Amending §2-3.101 OF TITLE II, CHAPTER 3 of the Madera Municipal Code relating to the appointments process for City Boards, Committees, and Commissions (Report by Arnoldo Rodriguez)
No Public Comment was submitted. Public Comment was closed.

City Attorney comments were heard.

Mayor Garcia comments were heard.

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER RODRIGUEZ, ITEM D-6 WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE.

ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA

INTRO ORD AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA AMENDING SECTION § 2-3.101 OF TITLE II, CHAPTER 3 OF THE

MADERA MUNICIPAL CODE RELATING TO APPOINTMENTS AND TERMS TO

CITY BOARDS, COMMITTEES, AND COMMISSIONS
E. ADMINISTRATIVE REPORTS: None
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

City of Madera City Council Minutes
205 W. 4th Street February 16, 2022
Madera, CA 93637 Page 10 of 10
Councilwoman Gallegos mentioned it is Kind Week at the City schools and asked everyone to spread kindness throughout the community.

Councilmember Rodriguez: Mentioned the steering committee for Measure T is still holding its meetings with the next meeting scheduled for today. Updated everyone about the 4th of July Event and mentioned they have published an informational flyer.

Councilmember Montes had nothing to report.

Mayor Pro Tem Evans mentioned February is Black History Month and shouted out City Fire, PD, and the food bank for assisting with the event celebrating Black History Month.

Councilwoman Mejia mentioned she attended the Community Connections event held at Madera South High School. She appreciated the collaboration between City Parks and Binational of Central California who are offering free income tax preparation to low-income residents.

Councilmember Villegas had nothing to report.

Mayor Garcia requested staff update Council about cannabis during the next Council meeting.

G. CLOSED SESSION:

G-1 Public Employee Performance Evaluation
Pursuant to Government Code Section 54957(b)(1)
Title: City Manager
City Attorney Hilda Cantu Montoy made the closed session announcement at 8:17 p.m.

Council returned from Closed Session at 9:02 p.m. with all members of the Council present.

City Manager announced there was no reportable action.

ADJOURNMENT: The meeting was adjourned at 9:03 p.m.

ALICIA GONZALES, City Clerk SANTOS GARCIA, Mayor
City of Madera City Council Minutes
205 W. 4th Street March 16, 2022
Madera, CA 93637 Page 1 of 6

Minutes of a Regular Meeting of the Madera City Council and
Special Meeting of the Madera City Council as the Groundwater Sustainability Agency Wednesday, March 16, 2022 Council Chambers
6:00 p.m. City Hall
The Council Chambers will be open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID: 898 0363 8602#. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

CALL TO ORDER: 6:00 p.m.

ROLL CALL:

All Present: Mayor Santos Garcia
Mayor Pro Tem Anita Evans, District 4
Councilmember Cece Gallegos, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Hilda Cantu Montoy, City Engineer Keith Helmuth, Fire Chief Matt Watson, Interim Parks Director Joseph Hebert, Interim Director of Financial Services Anthony Forestiere, Information Services Manager Mark Souders, Police Chief Dino Lawson, Interim Public Work Director Dan Foss, Wastewater Treatment Plan Operator Gabriel Bostan, Assistant Planner, Alexis Raymundo, Assistant Planner Jonathan Gramajo, Deputy City Clerk Zelda Leon, and Communication Specialist Joseph Carrello.

INVOCATION: Mayor Pro Tem Anita Evans
PLEDGE OF ALLEGIANCE: Anthony Forestiere, Interim Financial Services Manager APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, THE AGENDA WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

Item: B-1
Minutes for: 03/16/2022
Adopted: 07/20/2022
City of Madera City Council Minutes
205 W. 4th Street March 16, 2022
Madera, CA 93637 Page 2 of 6
YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
PUBLIC COMMENT:

No Public Comment was presented. Public Comment was closed.

WRITTEN COMMUNICATIONS: None
PRESENTATIONS:

1. Department of Public Health Update on COVID-19 (Report by Madera County Public Health Department)

2. Madera Evening Lions Proclamation

3. American Red Cross Month Proclamation

4. Mayor’s Recognition - Madera Tribune

5. Mayor’s Recognition - DJ Becker

6. District 1 Woman of the Year Award
INTRODUCTIONS:

A. WORKSHOP: None
B. CONSENT CALENDAR:

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER VILLEGAS, THE CONSENT CALENDAR WAS APPROVED BY A 6/0 VOTE. COUNCILMEMBER GALLEGOS STEPPED OUT OF COUNCIL CHAMBERS AT 6:39 P.M. NOES: NONE. ABSENT:

COUNCILMEMBER GALLEGOS. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 – COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS
City of Madera City Council Minutes
205 W. 4th Street March 16, 2022
Madera, CA 93637 Page 3 of 6

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
B-1 Minutes – 8/4/21, 01/19/22
Recommendation: Approve the City Council Minutes of August 4, 2021 and January 19, 2022 B-2 Informational Report on Register of Audited Demands for February 19, 2022 to March 4, 2022.

Recommendation: No Action Required (Report by Anthony Forestiere) B-3 Informational Report on Personnel Activity
Recommendation: No Action Required (Report by Wendy Silva) B-4 Fiscal Year 2021/2022 Budget Amendment for the Airport Recommendation: Adopt a Resolution Approving a Budget Amendment related to the January 19, 2022 Airport Rescue Grant in the amount of $59,000 (Report by Daniel Foss)
RES 22-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA APPROVING A BUDGET AMENDMENT IN THE AMOUNT OF $59,000

RELATING TO AIRPORT RESCUE GRANT
B-5 2021 Sustainable Groundwater Management Grant Program SGMA Implementation Grant (Action on this item by the Groundwater Sustainability Agency) Recommendation: Adopt a Resolution Authorizing a Grant Application 2021 Sustainable Groundwater Management Grant Program SGMA Implementation Grant (Report by Keith Helmuth)
GSA RES 22-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA AUTHORIZING APPLICATION FOR 2021 SUSTAINABLE GROUNDWATER

MANAGEMENT GRANT PROGRAM SGMA IMPLEMENTATION GRANT
B-6 Second Reading and Adoption of an Ordinance Updating Prima Facie Speed Limits on Designated City
Recommendation: Waive Full Reading and Adopt an Ordinance Amending Section 3-5.08 of Chapter 5 of Title 3 of the Madera Municipal Code to Update Prima Facie Speed Limits on City Streets (Report by Keith Helmuth)
ORD 987 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA AMENDING SECTION 3-5.08 OF CHAPTER 5 OF TITLE III OF THE MADERA MUNICIPAL

CODE RELATING TO INCREASING STATE SPEED LIMIT IN CERTAIN ZONES B-7 Madera Golf Course Update
Recommendation: No Action Required (Report by Arnoldo Rodriguez) C. PUBLIC HEARINGS:

C-1 7:00PM – Public Hearing Regarding City Council District Boundary Adjustments (Redistricting) and Introduction of Ordinance Adjusting District Boundaries Recommendation:

City of Madera City Council Minutes
205 W. 4th Street March 16, 2022
Madera, CA 93637 Page 4 of 6
1) Conduct Public Hearing on the final map and proposed ordinance; and 2) Waive Full Reading and Introduce an Ordinance Amending Section 2-1.21 of Chapter 1 of Title II of the Madera Municipal Code Regarding By-District Elections, Adjusting the Boundaries of City Council Election Districts and Confirming Such Revised Council Boundaries (Report by Alicia Gonzales)
Presentation by Joanna Gin, BB&K Associate
No public comment was submitted. Public comment was closed.

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM C-1 APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN:

NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA

INTRO ORD AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA AMENDING SECTION 2-1.21 OF CHAPTER 1 OF TITLE II OF THE MADERA

MUNICIPAL CODE REGARDING BY-DISTRICT ELECTIONS, ADJUSTING THE

BOUNDARIES OF CITY COUNCIL ELECTION DISTRICTS AND CONFIRMING

SUCH REVISED COUNCIL DISTRICT BOUNDARIES
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Remote City Council Meetings Under Brown Act Requirements (Assembly Bill 361) Recommendation:
1) Council to decide to allow Public Meetings by the City Council and all Boards, Commissions, and Standing Committees of the City with the remote meeting requirements set forth by the Brown Act; or
2) Council to decide to adopt a Resolution Reauthorizing Remote Teleconference Public Meetings by the City Council and All Boards, Commissions, and Standing Committees of the City in Accordance with Assembly Bill 361 for a Period of 30 Days (Report by Arnoldo Rodriguez)
Item D-1 was heard prior to the Item C-1 Redistricting Public Hearing.

No public comment was submitted. Public comment was closed.

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER GALLEGOS, THE CONSENT CALENDAR WAS APPROVED BY A 5/1 VOTE. COUNCILMEMBER GALLEGOS STEPPED OUT OF COUNCIL CHAMBERS AT 6:39 P.M. NOES: COUNCILMEMBER MONTES. ABSENT: COUNCILMEMBER GALLEGOS. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

City of Madera City Council Minutes
205 W. 4th Street March 16, 2022
Madera, CA 93637 Page 5 of 6
YES: 5 – COUNCILMEMBER RODRIGUEZ

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
NO: 1 - COUNCILMEMBER MONTES
RES 22-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

REAUTHORIZING REMOTE TELECONFERENCE MEETINGS BY THE CITY

COUNCIL AND ALL BOARDS, COMMISSIONS, AND STANDING COMMITTEES OF THE CITY IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR A PERIOD OF

THIRTY DAYS
E. ADMINISTRATIVE REPORTS:

E-1 Cannabis Update
Recommendation: Informational Report (Report by Arnoldo Rodriguez) Councilmember Gallegos returned to the Council Chambers at 6:53 p.m.

Public comment was heard from community members Rico Saldivar, Jorge Deleija, Roman Gonzalez, and Karl Clouse.

City Council comments were heard.

City Manager comments were heard.

At 7:00 p.m., Mayor Garcia requested that Item C-1 be heard, and Item E-1 will be continued following the commencement of Item C-1.

Council returned to Item E-1 at 7:24 p.m.

Mayor Garcia asked his colleagues for any further comments on this item.

No further comments were made.

F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

Councilwoman Gallego gave a shout out to the City of Madera’s 5k team. Also gave a shout out to Span Construction for the new Industrial Freedom Park sign. Councilmember Gallegos mentioned that Councilmembers have invitations to disseminate for the Fire Station 58 Ribbon Cutting Ceremony scheduled for March 30.

Councilmember Rodriguez stated that he attended a meeting with various stakeholders to advocate for the completion of State Route 99. He added that the 4th of July event has been able to secure various donations.

Councilmember Montes thanked the concerned staff and community members who joined the PG&E call to advocate for Madera’s access to affordable energy. He also mentioned CAPMC is hosting the Walk a Mile in Her Shoes event on April 23. Additionally, mentioned the City will be hosting the City of Madera City Council Minutes
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Madera, CA 93637 Page 6 of 6
Esperanza Village Ribbon Cutting on March 22. Lastly, he thanked staff for securing the approximately $832,000 grant to clean up the Fresno River and Vernon McCullough Trail.

Mayor Pro Tem Evans echoed the remarks of Councilmember Montes regarding the grant to clean up the Fresno River. She mentioned she has been attending the multiple day community connections event at Madera South High School. Lastly, she mentioned she participated in an art contest at James Monroe Elementary School.

Councilwoman Mejia recognized Women’s History Month and thanked Councilwoman Gallegos for recognizing the women in the community. She also announced the Madera Coalition for Community Justice is hosting a health event on March 25 and seeking volunteers for this event.

Councilmember Villegas recognized all the women who were given awards at the meeting.

Mentioned he will not be able to attend the Esperanza Village Ribbon Cutting Ceremony. He also wished everyone a happy St. Patrick’s Day.

Mayor Garcia mentioned Council received an invitation to attend an event to honor Cesar Chavez held at Madera High School on Thursday, March 31. He also echoed those comments of Councilmember Montes regarding the meeting with PG&E.

G. CLOSED SESSION: None
ADJOURNMENT: Meeting was adjourned at 7:25 p.m.

ALICIA GONZALES, City Clerk SANTOS GARCIA, Mayor
City of Madera City Council Minutes
205 W. 4th Street September 1, 2021
Madera, CA 93637 Page 1 of 12

Minutes of a Regular Meeting of the Madera City Council September 1, 2021 Council Chambers
6:00 p.m. City Hall
This meeting was conducted pursuant to the provisions of the Governor’s Executive Order which suspends certain requirements of the Ralph M. Brown Act. The City Council meeting was live streamed on the City’s website at www.madera.gov/live. Members of the public were able to participate in the meeting remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID: 894 6241 6013 # followed by *9 on their phone to speak. Comments were also accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

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

ROLL CALL:

Present: Mayor Santos Garcia
Mayor Pro Tem Artemio Villegas, District 6
Councilmember Cece Gallegos, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3 (Arrived at 6:02 p.m.) Councilmember Anita Evans, District 4

Absent: Vacant, District 5
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Hilda Cantu Montoy, Chief Building Official Steven Woodworth, City Engineer Keith Helmuth, Interim Financial Services Director Anthony Forestiere, Fire Division Chief Matthew Watson, Director of Human Resources Wendy Silva, Information Services Manager Mark Souders, Planning Manager Gary Conte, Police Chief Dino Lawson, Interim Public Work Director Dan Foss, Deputy City Engineer Ellen Bitter, Deputy City Engineer Randy Bell, Senior Civil Engineer Victor Aldama, Senior Civil Engineer Steve Bettencourt, Administrative Analyst (Administration) Sarah Sarquiz, Senior Planner (Contracted) John Thomason, and Communication Specialist Joseph Carrello.

INVOCATION: Pastor Roger Leach, Valley West Christian Center PLEDGE OF ALLEGIANCE: Director of Human Resources Wendy Silva APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER MONTES, THE AGENDA WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: NONE. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

Item: B-1
Minutes for: 09/01/2021
Adopted: 07/20/2022
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205 W. 4th Street September 1, 2021
Madera, CA 93637 Page 2 of 12
THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
PUBLIC COMMENT:

No public comment was submitted.

WRITTEN COMMUNICATIONS: None
PRESENTATIONS:

1. Department of Public Health Update on COVID-19 (Report Madera County Public Health Dept.) INTRODUCTIONS: None
A. WORKSHOP: None
B. CONSENT CALENDAR:

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER EVANS, THE CONSENT CALENDAR AND PULLING ITEM B-8 FOR DISCUSSION WAS APPROVED BY A 6/0 VOTE.

NOES: NONE. ABSENT: NONE. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
City of Madera City Council Minutes
205 W. 4th Street September 1, 2021
Madera, CA 93637 Page 3 of 12
B-1 Minutes – 04/21/21
Recommendation: Approve the City Council Minutes of April 21, 2021 B-2 Informational Report on Register of Audited Demands for July 24, 2021 to August 20, 2021 Recommendation: No Action Required (Report by Anthony Forestiere) B-3 Fiscal Year 2020/2021 Informational Report on Contract City Attorney Services and Litigation Expenditures
Recommendation: This report is submitted for informational purposes only and there is no action requested from the City Council (Report by Arnoldo Rodriguez) B-4 Consulting Services Agreement with Demsey, Filliger & Associates, LLC Recommendation: Adopt a Resolution Approving a Consulting Services Agreement between the City and Demsey, Filliger & Associates, LLC to prepare the City’s OPEB (Other Post-Employment Benefits) Actuarial Report as of June 30, 2021 (Report by Anthony Forestiere)
RES 21-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING A CONSULTING SERVICES AGREEMENT

BETWEEN THE CITY OF MADERA AND DEMSEY, FILLIGER & ASSOCIATES,

LLC FOR THE PREPARATION OF THE CITY'S OPEB ACTUARIAL REPORT FOR THE FISCAL YEARS 2020/21 AND 2021/22
B-5 Appointment of Miguel Gonzalez to the City of Madera Airport Advisory Commission Recommendation: Adopt a Resolution Appointing Miguel Gonzalez to the City of Madera Airport Advisory Commission (AAC) (Report by Daniel Foss) RES 21-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPOINTING MIGUEL GONZALEZ TO THE CITY OF MADERA

AIRPORT ADVISORYCOMMISSION
B-6 After School Program Consultant Services Agreement between Madera Unified School District (MUSD) and the City
Recommendation: Adopt a Minute Order Approving the Consultant Services Agreement with the MUSD for Partial Administration of the Academic School Year 2021/22 After School Program, not to exceed $124,000 (Report by Arnoldo Rodriguez)
B-7 Use Agreement with the City of Kerman for the Use of its Shooting Range Recommendation: Adopt a Minute Order Authorizing the Chief of Police to Sign the Use Agreement Allowing the Madera Police Department to Use the City of Kerman Shooting Range (Report by Dino Lawson)
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Madera, CA 93637 Page 4 of 12
B-8 City’s Contribution to Cover the Cost of Police, Public Works, and Park’s fees in conjunction with the Old Timers’ Day Parade
Recommendation: Adopt a Resolution Waiving the Fees to Cover the Costs of Police, Public Works, and Parks Services Relating to the Old Timers’ Day Parade in the amount of $2,935 (Report by Dino Lawson)

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER RODRIGUEZ, ITEM B-8 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: NONE.

DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
RES 21-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA WAIVING

THE FEES TO COVER COSTS OF POLICE, PUBLIC WORKS, AND PARK FEES

RELATING TO OLD TIMERS PARADE FOR MADERA DOWNTOWN
ASSOCIATION AND MADERA SUNRISE ROTARY CLUB 587 IN THE AMOUNT OF $2,935.00
B-9 Construction of 2019-20 SB-1 (RMRA) Seals and Overlays, City Project No. R-77 to Improve Approximately 2 Miles of Roadway
Recommendation: Adopt a Minute Order Approving the Acceptance of 2019-20 SB-1 Road Maintenance and Rehabilitation Account (RMRA) Seals and Overlays, City Project No. R77, Notice of Completion, Release of Retention 35 days after Recording Notice of Completion (Report by Keith Helmuth) B-10 Approval of Caltrans Maintenance Agreements
Recommendation: Adopt a Resolution Approving the Landscape Maintenance Agreement and a Cost Sharing Agreement between the State Department of Transportation (Caltrans) and the City of Madera (Report by Keith Helmuth)
RES 21-120 A RESOLUTION OF THE COUNCIL OF THE CITY OF MADERA, CALIFORNIA

APPROVING A LANDSCAPE MAINTENANCE AGREEMENT AND A COST

SHARING AGREEMENT BETWEEN THE STATE DEPARTMENT OF

TRANSPORTATION (CALTRANS) AND THE CITY OF MADERA
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Madera, CA 93637 Page 5 of 12
B-11 Acceptance of Improvements for Pond Place Estates Subdivision (Tract No. 05-S-17) Recommendation: Adopt a Resolution:
1) Accepting the Improvements for Pond Place Estates Subdivision (Tract No. 05-S-17); and
2) Authorizing the Filing of the Notice of Acceptance for Said Subdivision Improvements; and
3) Authorizing staff to record the Notice of Acceptance of Subdivision Improvements (Report by Keith Helmuth)
RES 21-121 A RESOLUTION ACCEPTING IMPROVEMENTS FOR POND PLACE ESTATES SUBDIVISION (TRACT NO. 0S-S-17), AUTHORIZING THE FILING OF THE

NOTICE OF ACCEPTANCE FOR SAID SUBDIVISION IMPROVEMENTS AND

AUTHORIZING STAFF TO RECORD THE NOTICE OF ACCEPTANCE
B-12 Acceptance of Gateway Drive-Central Avenue-3rd Street-E Street Sidewalk Improvements Project, Federal Project No. CML 5157(095), City Project No. R-38 Recommendation: Adopt a Minute Order Approving:
1) Acceptance of the Construction of Gateway Drive-Central Avenue-3rd Street-E Street Sidewalk Improvements Project, Federal Project No.

CML 5157(095), City Project No. R-38; and
2) The Recording of Notice of Completion; and
3) The Release of Retention 35 days after Recording of the Notice of Completion (Report by Keith Helmuth)
B-13 Contract Award for the Construction of Bid Package 1 - Water Main Replacement at Dunham Avenue and Lewis Street, City Project No. W-40 in the Amount of #313,839.00 to Rolfe Construction Inc. and Authorizing Construction Contingencies Related to the Contract Recommendation: Adopt a Resolution Approving the Contract Award for Bid Package 1 - Water Main Replacement at Dunham Avenue and Lewis Street, City Project No. W-40 (Report by Keith Helmuth)
RES 21-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA APPROVING THE CONTRACT AWARD FOR BID PACKAGE 1-

WATER MAIN REPLACEMENT AT DUNHAM AVENUE AND LEWIS STREET, CITY PROJECT NO. W- 40 IN THE AMOUNT OF $313,839.00 TO ROLFE CONSTRUCTION INC. AND AUTHORIZING CONSTRUCTION

CONTINGENCIES RELATING TO THE CONTRACT
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205 W. 4th Street September 1, 2021
Madera, CA 93637 Page 6 of 12
B-14 Madera ADA Advisory Council (MADAAC) Participation in 2021 Old Timers’ Day Parade Recommendation: Adopt a Minute Order Approving MADAAC’s Participation in the 2021 Old Timers’ Day Parade and Authorize the City Manager to Execute the Entry Form and Hold Harmless Agreement (Report by Wendy Silva) C. PUBLIC HEARINGS: None
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 First Reading and Introduction of an Ordinance Amending the City’s Municipal Code Relating to Cannabis
Recommendation: Conduct a Public Hearing, Waive Full Reading of Ordinance, and Introduce Ordinance Amending the Madera Municipal Code by title only as follows:
1) An Ordinance of the City of Madera, California Amending Section 6-

5.33 (D) Of Title VI, Chapter 5 of the Madera Municipal Code Relating to Location and Design of Cannabis Businesses [Relative to Lions Town & Country Community Park] (Report by Arnoldo Rodriguez) Patrick Gogin an attorney from San Francisco urged two (2) amendments to the proposed ordinance. City Attorney Hilda Cantu Montoy advised that there were three (3) cannabis items and he may want to wait to speak at the appropriate item. Mr. Gogin indicated he was in the right item as he was proposing amendments.

Roman with Mainstream Medicinal Club spoke on the exclusion of the Lions Town and Country Park.

The following people stated they were against having a dispensary near the park:

Kirk Atamian, Mol Martinez, Lisa Killion, Sam Jones, Felicia Silva, Adriana Chavez, “Pam Only”, and “Jedi Gold”.

Unknown Caller expressed that having Council having approval of all three item (D-3) is ideal.

He expressed that cultivation vertical integration should be allowed in this area.

No further public comment was presented. Public comment was closed.

Councilmember Montes asked and City Attorney Montoy responded that the comments from Mr. Gogin would have been more appropriate to discuss in Item D-3. That is why she interrupted him because she knew he was talking about procedures as he’d sent an email with his concerns to the City Manager. Ms. Cantu Montoy suggested she can address questions and concerns once they are discussing that specific item (D-3), so that the items are kept separate.

There was a consensus from Council to hold off acting on this item until they acted on D-2 and D-3 as there are some items that overlap.

The motion for this item is listed below but took place after Item D-2 and Item D-3 were discussed.

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Madera, CA 93637 Page 7 of 12

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER GALLEGOS, TO DENY ITEM D-1 FAILED BY A 4/2 VOTE. NOES: COUNCILMEMBERS MONTES, EVANS, MAYOR PRO TEM VILLEGAS AND MAYOR GARCIA. ABSENT: NONE. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 2 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ
NO: 4 - COUNCILMEMBER MONTES

COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
ON MOTION BY MAYOR GARCIA AND SECONDED BY MAYOR PRO TEM VILLEGAS, ITEM D-1 WAS APPROVED BY A 4/2 VOTE. NOES: COUNCILMEMBERS GALLEGOS AND RODRIGUEZ.

ABSENT: NONE. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 4 – COUNCILMEMBER MONTES

COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
NO: 2 - COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

INTRO ORD AN ORDINANCE OF THE CITY OF MADERA, CALIFORNIA AMENDING SECTION 6-5.33 (D) OF TITLE VI, CHAPTER 5 OF THE MADERA MUNICIPAL

CODE RELATING TO LOCATION AND DESIGN OF CANNABIS BUSINESSES City Attorney Hilda Cantu Montoy advised that Council could make a motion on D-3 (1 & 2) so Items D-1 and D-2 could move forward. See motion on D-3 below.

D-2 Renewal of Existing Contract, along with an Amendment for Additional Services, between the City and Hinderliter, deLlamas & Associates (HdL Companies) for Consulting Services Related to Cannabis
Recommendation: Adopt a Resolution to:
1) Renew the Existing Contract through September 1, 2023; and 2) Amend the Scope of Services Provided and the Cost Associated with Such Services (Report by Arnoldo Rodriguez)
No public comment was presented.

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205 W. 4th Street September 1, 2021
Madera, CA 93637 Page 8 of 12

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY MAYOR PRO TEM VILLEGAS, ITEM D-2 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: NONE. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
RES 21-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING THE FIRST AMENDMENT TO THE AGREEMENT

FOR CONSULTANT SERVICES BETWEEN THE CITY OF MADERA AND

HINDERLITER, DELLAMAS & ASSOCIATES (HDL COMPANIES) RELATING TO

CANNABIS
D-3 Cannabis Business Permits - Consideration of Number of Cannabis Business Permits, Procedure Guidelines and Review Criteria, and Fees
Recommendation: Adopt Resolutions:
1) Determining the Number and Type of Cannabis Business Permits that may be Issued in the City; and
2) Establishing Fees for Cannabis Business Permits; and 3) Establishing Procedure Guidelines and Review Criteria to Govern the Application and Selection Process for Various Types of Cannabis Business Permits (Report by Arnoldo Rodriguez)
Patrick Gogin spoke on vertical integration and final approval of applications by Council.

Suleman Javaid stated local applicants should be awarded points.

John Rodriguez Jr expressed applicants should have a minimum 30% ownership of the business, be a resident of Madera for five (5) years, and that local people should get extra points in the application process.

Arianna Valdez expressed that non-local corporations are purchasing multiple properties thus making it difficult for locals to secure property for commercial cannabis use. She stated local applicants should be awarded points.

Akram Kassim stated local applicants should be awarded points. He also applauded the Council’s decision to consider excluding Lions Town and Country Park from the distance requirement.

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Madera, CA 93637 Page 9 of 12
Rico Saldivar asked questions on equity requirements, marijuana convictions, and adjustments and was answered by the HdL consultant Mr. McPherson.

Angelina Garcia of Mainstream Medicinal Club expressed her thanks for moving forward and putting a price on the application. She thanked City Manager for all the answers he provided.

George De Leija of Team Mainstream expressed wanting points for local Madera residents.

Ed McIntyre of 1234 Decesari spoke on Council approval of applications.

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

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER MONTES, TO NOT APPROVE ITEM D-3 (3) AND DIRECTED STAFF TO AMEND THE ORDINANCE

TO REFLECT THAT THE CITY MANAGER IS THE APPROVING BODY FOR NON-RETAIL VERTICAL INTEGRATION. ITEM D-3 (3) FAILED BY A 3/3 VOTE. NOES: MAYOR GARCIA, MAYOR PRO TEM VILLEGAS, AND COUNCILMEMBER EVANS. ABSENT: NONE. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

THE MOTION FAILED WITH THE FOLLOWING VOTE:

YES: 3 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES
NO: 3 - COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
ON MOTION BY MAYOR GARCIA AND SECONDED BY MAYOR PRO TEM VILLEGAS, ITEM D-4 (1-3) FAILED BY A 3/3 VOTE. NOES: MAYOR GARCIA, MAYOR PRO TEM VILLEGAS, AND COUNCILMEMBER EVANS. ABSENT: NONE. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN:

NONE.

THE MOTION FAILED WITH THE FOLLOWING VOTE:

YES: 3 – COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
NO: 3 - COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES
Mayor Garcia went back to item D-1.

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY MAYOR GARCIA, TO APPROVE ITEM D-3 (1 & 2) AND TO TABLE ITEM D-3(3) TO A FUTURE MEETING FAILED BY A 3/3 VOTE.

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Madera, CA 93637 Page 10 of 12
NOES: COUNCILMEMBERS GALLEGOS, RODRIGUEZ, AND MONTES. ABSENT: NONE.

DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

THE MOTION FAILED WITH THE FOLLOWING VOTE:

YES: 3 – COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
NO: 3 - COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES
D-4 Acceptance of Fresno River Trail – Union Pacific Railroad (UPRR) & Gateway Undercrossing Project, Federal Project No. ATPCML 5157 (100), City Project No. PK-08 Recommendation: Adopt a Minute Order Approving:
1) Acceptance of the Construction of Fresno River Trail - UPRR & Gateway Undercrossing Project, Federal Project No. ATPCML 5157 (100), City Project No. PK-08; and
2) The Recording of Notice of Completion; and
3) The Release of Retention 35 days after Recording of the Notice of Completion (Report by Keith Helmuth)
No public comment. Public comment was closed.

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER MONTES, ITEM D-4 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: NONE. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
D-5 Assignment of Grant Administrator Classification to the Competitive Service, represented by the Mid Management Employee Group (MM)
Recommendation: Adopt a Resolution
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Madera, CA 93637 Page 11 of 12
1) Designating the Grant Administrator Classification as a Competitive Service Position Represented by MM and Assigning the Position to Salary Range 446; and
2) Introduce an Ordinance Amending Subsection E of §2-2.305 of Title II of the Madera Municipal Code Relating to Civil Service and Exceptions to the Competitive Service (Report by Wendy Silva)
No public comment. Public comment was closed.

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY MAYOR PRO TEM VILLEGAS, ITEM D-5 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: NONE. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
RES 21-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA SETTING

THE RATE OF COMPENSATION FOR THE GRANT ADMINISTRATOR

CLASSIFICATION

INTRO ORD AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, AMENDING SUBSECTION E OF §2-2.305 OF TITLE II OF THE

MADERA MUNICIPAL CODE RELATING TO CIVIL SERVICE AND EXCEPTIONS

TO THE COMPETITIVE SERVICE
E. ADMINISTRATIVE REPORTS: None
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

Councilmember Gallegos congratulated Valley West Christian Church on their 34th Anniversary.

Councilmember Rodriguez thanked everyone who attended the Habitat for Humanity event where the Alvarez family was presented with a home.

Councilmember Montes also acknowledged the Habitat for Humanity event.

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Madera, CA 93637 Page 12 of 12
Councilmember Evans thanked Habitat for Humanity and staff for securing housing for residents.

She thanked Fire Chief Matthew Watson for the Fire Department’s quick response to the fire that took place next door to her.

Mayor Pro Tem Villegas had nothing to report.

Mayor Garcia acknowledged Fire Chief Matthew Watson and the Fire Department for their hard work. He also recognized the Planning, Engineering and Building Departments for their dedication to the many projects that the City has undertaken.

G. CLOSED SESSION:

G-1 Conference with Labor Negotiators - Pursuant to Government Code §54957.6 Agency Designated Representatives:

Arnoldo Rodriguez and Wendy Silva

Employee Organizations:

General Bargaining Unit/Madera Affiliated City Employees Association Mid-Management Employee Group
Madera Police Officers’ Association
Law Enforcement Mid Management
City Attorney Hilda Cantu Montoy made the Closed Session Announcement at 9:24 p.m.

Council returned from Closed Session at 9:41 p.m. with six (6) Councilmembers present as District 5 is currently vacant.

City Attorney Hilda Cantu Montoy stated that was no reportable action.

ADJOURNMENT: The meeting was adjourned at 9:41 p.m. Next regular meeting on September 15, 2021.

ALICIA GONZALES, City Clerk SANTOS GARCIA, Mayor
________________________________________

MINUTES PREPARED BY
ZELDA LEON, Deputy City Clerk

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: July 20, 2022
_________________________________ Agenda Number: B‐2
Department Director
_________________________________
City Manager
SUBJECT:

Informational Report on Register of Audited Demands
RECOMMENDATION:

Review Register of Audited Demands Report for June 25, 2022 to July 8, 2022 SUMMARY:

The Register of Audited Demands for the City covering obligations paid during the period of June 25, 2022 to July 8, 2022 is summarized in the following tables. Attachment A contains Warrants while Table 2 is a summary of the wire transfers.

Table 1: Warrant Distribution Summary
Description Check #’s Amount
General Warrants 33216– 33353 $364,804.06
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes Union Bank $969,835.35
SDI EDD $4,083.96
CalPERS Payment CalPERS $125,031.31
DISCUSSION:

Warrant requests are processed weekly based on the adopted Fiscal Year 2021/2022 budget and released for payment every Monday. Each demand has been audited and the Finance Director hereby certifies as to their accuracy and that there were sufficient funds for their payment. Per the request of City Council, we have included the departmentsfrom which each of the respective warrants were requested as well as the fund/division description from which they were paid. ' ' ' '
FINANCIAL IMPACT:

Demands for payments are made within the constraints of the approved 2021/2022 budget.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

These expenditures were spent considering Strategy 115: Economic Resource Provision: Ensure sufficient economic resources to provide adequate City services and prepare for future growth.

ALTERNATIVES:

Informational only.

ATTACHMENTS:

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33216 06/28/2022 PD OPS SUPP LAW ENF KER'S GAS & LUBE, INC. 05/22 PD CAR WASHES 455.00 $ 33217 06/28/2022 HR SA ADMIN ANTHEM BLUE CROSS CITY PAID RETIREE RX BILL 07/22‐06/23 706.56 $ 33217 06/28/2022 HR HOUSING FUND ANTHEM BLUE CROSS CITY PAID RETIREE RX BILL 07/22‐06/23 198.72 $ 33217 06/28/2022 HR NONHOUSING BOND ANTHEM BLUE CROSS CITY PAID RETIREE RX BILL 07/22‐06/23 198.72 $ 33218 06/28/2022 HR SA ADMIN ANTHEM BLUE CROSS CITY PAID RETIREE MEDICAL BILL 07/22‐06/23 1,707.26 $ 33218 06/28/2022 HR HOUSING FUND ANTHEM BLUE CROSS CITY PAID RETIREE MEDICAL BILL 07/22‐06/23 480.17 $ 33218 06/28/2022 HR NONHOUSING BOND ANTHEM BLUE CROSS CITY PAID RETIREE MEDICAL BILL 07/22‐06/23 480.17 $ 33219 06/28/2022 PD OPS SUPP LAW ENF LEATHAM FAMILY, LLC BADGE & UNIFORM SUPPLIES 1,541.70 $ 33220 06/28/2022 PD OPS SUPP LAW ENF TIM J LAW EMPLOYMENT BACKGROUND 700.00 $ 33221 06/28/2022 PD OPS TOBACCO LAW ENF ANDREW J. MEDELLIN SIGN ‐ CITY PARKS RULES &N HOURS 600.00 $ 33222 06/28/2022 CITY CLERK CITY ATTORNEY MONTOY LAW CORPORATION CITY ATTORNEY CONTRACTED LEGAL SERVICES 33,708.29 $ 33223 06/28/2022 GRANTS TRANS ‐ FIXED MV TRANSPORTATION, INC. 05/22 TRANSIT OPERATOR 78,974.07 $ 33223 06/28/2022 GRANTS TRANS ‐ DAR MV TRANSPORTATION, INC. 05/22 TRANSIT OPERATOR 44,526.42 $ 33224 06/28/2022 PD OPS MEAS K ‐ PD TRILOGY MEDWASTE WEST LLC STOP FEE ‐ NO WASTE 58.50 $ 33225 06/28/2022 GRANTS CDBG PUB IMPR HABITAT FOR HUMANITY FRESNO INC. CDBG 21‐22 EXTERIOR PAINT PROGRAM 11,755.35 $ 33226 06/28/2022 ENGINEERING WATER OPS DAVIDS ENGINEERING, INC. PROFESSIONAL SERVICES 533.18 $ 33227 06/28/2022 GRANTS CALTRANS ‐ TRANSIT WSP USA INC. MADERA TRANSIT PLAN CONSULTANT 7,204.99 $ 33228 06/28/2022 GRANTS CDBG ADMIN CITY DATA SERVICES LLC MONTHLY MAINTENANCE ‐ 03/22‐06/22 2,500.00 $ 33229 06/28/2022 ENGINEERING SEWER CAPITAL MKN & ASSOCIATES PROFESSIONAL ENGINEERING SERVICES 62,328.65 $ 33230 06/28/2022 WWTP WWTP DELLAVALLE LABORATORY,INC. PERMIT COMPLIANCE LAB 6,080.00 $ 33231 06/28/2022 FINANCE AIRPORT OPS AT&T 05/22 SERVICE 831‐000‐6408‐576 592.74 $ 33231 06/28/2022 FINANCE BUILDING AT&T 05/22 SERVICE 831‐000‐6408‐576 120.62 $33231 06/28/2022 FINANCE CITY ATTORNEY AT&T 05/22 SERVICE 831‐000‐6408‐576 39.29 $ 33231 06/28/2022 FINANCE CITY CLERK AT&T 05/22 SERVICE 831‐000‐6408‐576 33.08 $ 33231 06/28/2022 FINANCE CODE ENF AT&T 05/22 SERVICE 831‐000‐6408‐576 660.97 $33231 06/28/2022 FINANCE COMM & REC AT&T 05/22 SERVICE 831‐000‐6408‐576 1,846.45 $ 33231 06/28/2022 FINANCE COMPUTER MAINT AT&T 05/22 SERVICE 831‐000‐6408‐576 124.75 $ 33231 06/28/2022 FINANCE ENGINEERING AT&T 05/22 SERVICE 831‐000‐6408‐576 277.07 $33231 06/28/2022 FINANCE FINANCE AT&T 05/22 SERVICE 831‐000‐6408‐576 94.42 $ 33231 06/28/2022 FINANCE FIRE AT&T 05/22 SERVICE 831‐000‐6408‐576 1,186.17 $ 33231 06/28/2022 FINANCE GRANT OVERSIGHT AT&T 05/22 SERVICE 831‐000‐6408‐576 115.79 $ 33231 06/28/2022 FINANCE HR/RISK MGT AT&T 05/22 SERVICE 831‐000‐6408‐576 78.57 $ 33231 06/28/2022 FINANCE MEAS K ‐ FIRE AT&T 06/22 FIRSTNET SVS 9391068734 44.10 $ 33231 06/28/2022 FINANCE PLANNING AT&T 05/22 SERVICE 831‐000‐6408‐576 101.32 $

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 ‐ UNION BANK GENERAL ACCOUNT July 20, 2022

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33231 06/28/2022 FINANCE UB ‐ GARBAGE AT&T 05/22 SERVICE 831‐000‐6408‐576 230.20 $ 33231 06/28/2022 FINANCE UB ‐ SEWER AT&T 05/22 SERVICE 831‐000‐6408‐576 230.20 $33231 06/28/2022 FINANCE UB ‐ WATER AT&T 05/22 SERVICE 831‐000‐6408‐576 460.41 $33231 06/28/2022 FINANCE CITY MANAGER AT&T 05/22 SERVICE 831‐000‐6408‐576 39.29 $ 33231 06/28/2022 FINANCE PD OPS AT&T 05/22 SERVICE 831‐000‐6408‐576 660.97 $33231 06/28/2022 FINANCE PD OPS AT&T 05/22 FIRSTNET SVS 9391026401 22.43 $ 33232 06/28/2022 FINANCE COMM & REC AT&T 05/22 FIRSTNET SVS 9391026396 257.76 $ 33232 06/28/2022 FINANCE SR CITIZEN COMM AT&T 05/22 FIRSTNET SVS 9391026398 22.43 $ 33232 06/28/2022 FINANCE SR CITIZEN COMM AT&T 05/22 FIRSTNET SVS 9391026403 25.38 $ 33232 06/28/2022 FINANCE PD OPS AT&T 05/22 FIRSTNET SVS 9391059143 1,085.52 $ 33233 06/28/2022 FINANCE BUILDING AT&T 04/22 FIRSTNET SERVICE 287302656036 49.07 $ 33233 06/28/2022 FINANCE BUILDING AT&T 05/22 FIRSTNET SERVICE 287302656036 49.07 $ 33233 06/28/2022 FINANCE CITY CLERK AT&T 04/22 FIRSTNET SERVICE 287302656036 88.06 $ 33233 06/28/2022 FINANCE CITY CLERK AT&T 05/22 FIRSTNET SERVICE 287302656036 88.06 $ 33233 06/28/2022 FINANCE CITY COUNCIL AT&T 04/22 FIRSTNET SERVICE 287302656036 281.68 $ 33233 06/28/2022 FINANCE CITY COUNCIL AT&T 05/22 FIRSTNET SERVICE 287302656036 281.68 $ 33233 06/28/2022 FINANCE CODE ENF AT&T 04/22 FIRSTNET SERVICE 287302656036 49.07 $ 33233 06/28/2022 FINANCE CODE ENF AT&T 05/22 FIRSTNET SERVICE 287302656036 49.07 $ 33233 06/28/2022 FINANCE COMPUTER MAINT AT&T 04/22 FIRSTNET SERVICE 287302656036 353.92 $ 33233 06/28/2022 FINANCE COMPUTER MAINT AT&T 05/22 FIRSTNET SERVICE 287302656036 373.65 $ 33233 06/28/2022 FINANCE ENGINEERING AT&T 04/22 FIRSTNET SERVICE 287302656036 196.28 $ 33233 06/28/2022 FINANCE ENGINEERING AT&T 05/22 FIRSTNET SERVICE 287302656036 196.28 $ 33233 06/28/2022 FINANCE FACILITIES MAINT AT&T 04/22 FIRSTNET SERVICE 287302656036 690.69 $ 33233 06/28/2022 FINANCE FACILITIES MAINT AT&T 05/22 FIRSTNET SERVICE 287302656036 690.69 $ 33233 06/28/2022 FINANCE FINANCE AT&T 04/22 FIRSTNET SERVICE 287302656036 98.14 $33233 06/28/2022 FINANCE FINANCE AT&T 05/22 FIRSTNET SERVICE 287302656036 98.14 $ 33233 06/28/2022 FINANCE FLEET MAINT AT&T 04/22 FIRSTNET SERVICE 287302656036 44.03 $ 33233 06/28/2022 FINANCE FLEET MAINT AT&T 05/22 FIRSTNET SERVICE 287302656036 44.03 $ 33233 06/28/2022 FINANCE GRANT OVERSIGHT AT&T 04/22 FIRSTNET SERVICE 287302656036 49.07 $ 33233 06/28/2022 FINANCE GRANT OVERSIGHT AT&T 05/22 FIRSTNET SERVICE 287302656036 49.07 $ 33233 06/28/2022 FINANCE HR/RISK MGT AT&T 04/22 FIRSTNET SERVICE 287302656036 49.07 $ 33233 06/28/2022 FINANCE HR/RISK MGT AT&T 05/22 FIRSTNET SERVICE 287302656036 49.07 $ 33233 06/28/2022 FINANCE PARKS AT&T 04/22 FIRSTNET SERVICE 287302656036 49.07 $ 33233 06/28/2022 FINANCE PARKS AT&T 05/22 FIRSTNET SERVICE 287302656036 49.07 $ 33233 06/28/2022 FINANCE STREETS AT&T 04/22 FIRSTNET SERVICE 287302656036 49.07 $ 33233 06/28/2022 FINANCE STREETS AT&T 05/22 FIRSTNET SERVICE 287302656036 49.07 $ 33233 06/28/2022 FINANCE UB ‐ GARBAGE AT&T 04/22 FIRSTNET SERVICE 287302656036 11.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33233 06/28/2022 FINANCE UB ‐ GARBAGE AT&T 05/22 FIRSTNET SERVICE 287302656036 11.00 $ 33233 06/28/2022 FINANCE UB ‐ SEWER AT&T 04/22 FIRSTNET SERVICE 287302656036 11.01 $ 33233 06/28/2022 FINANCE UB ‐ SEWER AT&T 05/22 FIRSTNET SERVICE 287302656036 11.01 $ 33233 06/28/2022 FINANCE UB ‐ WATER AT&T 04/22 FIRSTNET SERVICE 287302656036 22.02 $ 33233 06/28/2022 FINANCE UB ‐ WATER AT&T 05/22 FIRSTNET SERVICE 287302656036 22.02 $ 33233 06/28/2022 FINANCE WWTP AT&T 04/22 FIRSTNET SERVICE 287302656036 49.07 $ 33233 06/28/2022 FINANCE WWTP AT&T 05/22 FIRSTNET SERVICE 287302656036 49.07 $ 33233 06/28/2022 FINANCE MEAS K ‐ PD AT&T 04/22 FIRSTNET SERVICE 287302656036 89.31 $ 33233 06/28/2022 FINANCE MEAS K ‐ PD AT&T 05/22 FIRSTNET SERVICE 287302656036 89.31 $ 33233 06/28/2022 FINANCE CITY MANAGER AT&T 04/22 FIRSTNET SERVICE 287302656036 49.07 $ 33233 06/28/2022 FINANCE CITY MANAGER AT&T 05/22 FIRSTNET SERVICE 287302656036 49.07 $ 33233 06/28/2022 FINANCE PD OPS AT&T 04/22 FIRSTNET SERVICE 287302965625 4,897.28 $ 33233 06/28/2022 FINANCE PD OPS AT&T 05/22 FIRSTNET SERVICE 287302965625 4,920.56 $ 33234 06/28/2022 CITY CLERK GENERAL FUND AMERICAN LEGAL PUBLISHING CORP MUNI CODE INTERNET 495.00 $ 33235 06/28/2022 GRANTS INTERMODAL BLDG ARAMARK UNIFORM SERVICES JANITORIAL CLEANING/MATS ‐ TRANSIT 41.90 $ 33236 06/28/2022 HR GENERAL FUND BLUE SHIELD OF CALIFORNIA CITY PAID RETIREE RX BILL 07/22‐06/23 1,922.40 $ 33237 06/28/2022 HR GENERAL FUND BLUE SHIELD OF CALIFORNIA CITY PAID RETIREE MED BILL 07/22‐06/23 2,748.00 $ 33238 06/28/2022 PARKS ADMIN SPORTS PROGRAMS BSN SPORTS ADULT SOFTBALLS 401.15 $ 33239 06/28/2022 FINANCE BUILDING COMCAST CITY INTERNET CONNECTION 05/22 63.73 $33239 06/28/2022 FINANCE CITY ATTORNEY COMCAST CITY INTERNET CONNECTION 05/22 18.86 $ 33239 06/28/2022 FINANCE CITY CLERK COMCAST CITY INTERNET CONNECTION 05/22 18.92 $ 33239 06/28/2022 FINANCE CODE ENF COMCAST CITY INTERNET CONNECTION 05/22 135.45 $33239 06/28/2022 FINANCE COMM & REC COMCAST CITY INTERNET CONNECTION 05/22 90.62 $ 33239 06/28/2022 FINANCE COMPUTER MAINT COMCAST CITY INTERNET CONNECTION 05/22 36.86 $ 33239 06/28/2022 FINANCE ENGINEERING COMCAST CITY INTERNET CONNECTION 05/22 126.49 $33239 06/28/2022 FINANCE FACILITIES MAINT COMCAST CITY INTERNET CONNECTION 05/22 27.87 $33239 06/28/2022 FINANCE FINANCE COMCAST CITY INTERNET CONNECTION 05/22 99.59 $33239 06/28/2022 FINANCE FLEET MAINT COMCAST CITY INTERNET CONNECTION 05/22 18.92 $ 33239 06/28/2022 FINANCE GRANT OVERSIGHT COMCAST CITY INTERNET CONNECTION 05/22 36.86 $ 33239 06/28/2022 FINANCE HR/RISK MGT COMCAST CITY INTERNET CONNECTION 05/22 36.86 $33239 06/28/2022 FINANCE PARKS COMCAST CITY INTERNET CONNECTION 05/22 45.79 $33239 06/28/2022 FINANCE PARKS ADMIN COMCAST CITY INTERNET CONNECTION 05/22 36.83 $33239 06/28/2022 FINANCE PLANNING COMCAST CITY INTERNET CONNECTION 05/22 45.48 $33239 06/28/2022 FINANCE STREETS COMCAST CITY INTERNET CONNECTION 05/22 45.80 $33239 06/28/2022 FINANCE RECREATION COMCAST CITY INTERNET CONNECTION 05/22 54.77 $33239 06/28/2022 FINANCE SEWER OPS COMCAST CITY INTERNET CONNECTION 05/22 32.34 $ 33239 06/28/2022 FINANCE SOLID WASTE COMCAST CITY INTERNET CONNECTION 05/22 36.83 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33239 06/28/2022 FINANCE SR CITIZEN COMM COMCAST CITY INTERNET CONNECTION 05/22 36.83 $33239 06/28/2022 FINANCE UB ‐ GARBAGE COMCAST CITY INTERNET CONNECTION 05/22 30.11 $ 33239 06/28/2022 FINANCE UB ‐ SEWER COMCAST CITY INTERNET CONNECTION 05/22 30.11 $ 33239 06/28/2022 FINANCE UB ‐ WATER COMCAST CITY INTERNET CONNECTION 05/22 59.25 $ 33239 06/28/2022 FINANCE WATER OPS COMCAST CITY INTERNET CONNECTION 05/22 41.31 $33239 06/28/2022 FINANCE WATER QUALITY COMCAST CITY INTERNET CONNECTION 05/22 18.92 $33239 06/28/2022 FINANCE WWTP COMCAST CITY INTERNET CONNECTION 05/22 27.87 $33239 06/28/2022 FINANCE CITY MANAGER COMCAST CITY INTERNET CONNECTION 05/22 18.86 $ 33239 06/28/2022 FINANCE PURCHASING COMCAST CITY INTERNET CONNECTION 05/22 27.87 $33240 06/28/2022 HR HR/RISK MGT CONCENTRA MEDICAL CENTERS PRE‐EMPLOYMENT PHYSICAL 850.00 $ 33241 06/28/2022 GRANTS TRANSIT CENTER DIAMOND COMMUNICATIONS FIRE ALARM MONITORING ‐ TRANSIT 07/22 80.00 $ 33242 06/28/2022 BUILDING BUILDING FIRE SAFETY SOLUTIONS, LLC FIRE PROTECTION SVS 06/01/22‐06/15/22 20,700.00 $ 33243 06/28/2022 PARKS AQUATICS PROGRM CHARLES LUECKER, AUTHORIZED SIGNER CHLORINE FOR POOL 1,450.56 $ 33244 06/28/2022 PLANNING GENERAL TRUST LSA ASSOCIATES, INC PROFESSIONAL SERVICES 1,505.00 $ 33245 06/28/2022 FLEET MAINT CODE ENF MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE ‐ 08/21 16.02 $ 33245 06/28/2022 FLEET MAINT CODE ENF MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE ‐ 02/22 6.76 $ 33245 06/28/2022 FLEET MAINT CODE ENF MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE ‐ 05/21 10.25 $ 33245 06/28/2022 FLEET MAINT ENGINEERING MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE ‐ 08/21 125.10 $ 33245 06/28/2022 FLEET MAINT ENGINEERING MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE ‐ 02/22 17.31 $ 33245 06/28/2022 FLEET MAINT ENGINEERING MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE ‐ 05/21 125.60 $ 33245 06/28/2022 FLEET MAINT FLEET MOTOR POOL MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE ‐ 02/22 12.70 $ 33245 06/28/2022 FLEET MAINT FLEET MOTOR POOL MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE ‐ 05/21 4.85 $ 33245 06/28/2022 FLEET MAINT PARKS MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE ‐ 08/21 228.08 $ 33245 06/28/2022 FLEET MAINT PARKS MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE ‐ 02/22 113.98 $ 33245 06/28/2022 FLEET MAINT PARKS MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE ‐ 05/21 161.75 $ 33245 06/28/2022 FLEET MAINT STREETS MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE ‐ 08/21 65.55 $ 33245 06/28/2022 FLEET MAINT STREETS MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE ‐ 02/22 92.48 $ 33245 06/28/2022 FLEET MAINT STREETS MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE ‐ 05/21 83.00 $ 33246 06/28/2022 PD OPS SUPP LAW ENF OCCU‐MED, LTD. EXAM SERVICES 900.00 $ 33247 06/28/2022 PARKS PARKS PARK ASSOCIATES PAN‐AM PLAYGROUND 185.31 $ 33248 06/28/2022 PD OPS PD OPS PECK'S PRINTERY STAMP REFILLS 25.98 $ 33249 06/28/2022 WWTP WWTP POLYDYNE INC. SLUDGE DEWATERING POLYMER 7,519.05 $ 33250 06/28/2022 PW ADMIN WATER OPS PROVOST & PRITCHARD CONSULTING PROFESSIONAL CONSULTING SERVICES 4,490.33 $ 33251 06/28/2022 HR WATER FUND REGENCE BLUECROSS BLUESHIELD OF UT CITY PAID RETIREE RX BILL 07/22‐06/23 657.00 $ 33251 06/28/2022 HR SEWER FUND REGENCE BLUECROSS BLUESHIELD OF UT CITY PAID RETIREE RX BILL 07/22‐06/23 657.00 $ 33252 06/28/2022 HR WATER FUND REGENCE BLUECROSS BLUESHIELD OF UT CITY PAID RETIREE MEDICAL BILL 07/22‐06/23 1,464.00 $ 33252 06/28/2022 HR SEWER FUND REGENCE BLUECROSS BLUESHIELD OF UT CITY PAID RETIREE MEDICAL BILL 07/22‐06/23 1,464.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33253 06/28/2022 WWTP SEWER FUND SJVAPCD WWTP PERMIT LICENSE 2,348.00 $ 33254 06/28/2022 PARKS PARKS TECH. MASTER PEST MANAGEMENT SQUIRREL CONTROL ‐ MILLVIEW 400.00 $ 33254 06/28/2022 PARKS PARKS TECH. MASTER PEST MANAGEMENT GOPHER CONTROL ‐ LTC 150.00 $ 33255 06/28/2022 ENGINEERING FAU CMAQ TJKM TRANSPORTATION CONSULTANTS PROFESSIONAL CONSULTING SERVICES 7,346.45 $ 33255 06/28/2022 ENGINEERING LTF ‐ STREETS TJKM TRANSPORTATION CONSULTANTS PROFESSIONAL CONSULTING SERVICES 1,024.67 $33256 06/28/2022 ENGINEERING LTF ‐ STREETS UNION PACIFIC RAILROAD CO. PLAN REVIEW ‐ OLIVE ST POST 184.5‐185.0 172.00 $ 33257 06/28/2022 FINANCE AIRPORT OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 05/11/22‐06/10/22 64.75 $ 33257 06/28/2022 FINANCE BUILDING VERIZON WIRELESS CITY CELL PHONE CHARGES 05/11/22‐06/10/22 152.85 $ 33257 06/28/2022 FINANCE CITY COUNCIL VERIZON WIRELESS CITY CELL PHONE CHARGES 05/11/22‐06/10/22 76.02 $ 33257 06/28/2022 FINANCE ENGINEERING VERIZON WIRELESS CITY CELL PHONE CHARGES 05/11/22‐06/10/22 50.95 $ 33257 06/28/2022 FINANCE FACILITIES MAINT VERIZON WIRELESS CITY CELL PHONE CHARGES 05/11/22‐06/10/22 50.95 $ 33257 06/28/2022 FINANCE FIRE VERIZON WIRELESS CITY CELL PHONE CHARGES 05/11/22‐06/10/22 152.04 $ 33257 06/28/2022 FINANCE FLEET MAINT VERIZON WIRELESS CITY CELL PHONE CHARGES 05/11/22‐06/10/22 2.22 $ 33257 06/28/2022 FINANCE HR/RISK MGT VERIZON WIRELESS CITY CELL PHONE CHARGES 05/11/22‐06/10/22 38.01 $ 33257 06/28/2022 FINANCE PARKS VERIZON WIRELESS CITY CELL PHONE CHARGES 05/11/22‐06/10/22 139.74 $ 33257 06/28/2022 FINANCE PLANNING VERIZON WIRELESS CITY CELL PHONE CHARGES 05/11/22‐06/10/22 101.90 $ 33257 06/28/2022 FINANCE STREETS VERIZON WIRELESS CITY CELL PHONE CHARGES 05/11/22‐06/10/22 12.96 $ 33257 06/28/2022 FINANCE SEWER OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 05/11/22‐06/10/22 9.19 $ 33257 06/28/2022 FINANCE STREET CLEANING VERIZON WIRELESS CITY CELL PHONE CHARGES 05/11/22‐06/10/22 0.47 $ 33257 06/28/2022 FINANCE UB ‐ WATER VERIZON WIRELESS CITY CELL PHONE CHARGES 05/11/22‐06/10/22 4.49 $ 33257 06/28/2022 FINANCE WATER OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 05/11/22‐06/10/22 144.08 $ 33257 06/28/2022 FINANCE WATER QUALITY VERIZON WIRELESS CITY CELL PHONE CHARGES 05/11/22‐06/10/22 38.01 $ 33257 06/28/2022 FINANCE WWTP VERIZON WIRELESS CITY CELL PHONE CHARGES 05/11/22‐06/10/22 111.20 $ 33257 06/28/2022 FINANCE MEAS K ‐ PD VERIZON WIRELESS CITY CELL PHONE CHARGES 05/11/22‐06/10/22 40.80 $ 33257 06/28/2022 FINANCE CITY MANAGER VERIZON WIRELESS CITY CELL PHONE CHARGES 05/11/22‐06/10/22 45.80 $ 33257 06/28/2022 FINANCE PD OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 05/11/22‐06/10/22 533.78 $ 33258 06/28/2022 PARKS PARKS WEST COAST ARBORISTS, INC. TREE TRIMMING 10,800.00 $ 33259 06/28/2022 BUILDING BUILDING BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 84.76 $ 33259 06/28/2022 BUILDING GENERAL FUND BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 1.50 $ 33260 06/28/2022 BUILDING BUILDING BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 317.68 $ 33261 06/28/2022 BUILDING BUILDING BLDING/PLAN REFNDS REFUND DOUBLE PAYMENT 499.69 $ 33262 06/28/2022 FINANCE WATER FUND OTP‐ UB REFUNDS DEPOSIT FROM MAIS TO MUNIS 158.81 $ 33263 06/28/2022 FINANCE WATER FUND OTP‐ UB REFUNDS DEPOSIT FROM MAIS TO MUNIS 150.00 $ 33264 06/28/2022 FINANCE WATER FUND OTP‐ UB REFUNDS DEPOSIT FROM MAIS TO MUNIS 156.72 $ 33265 06/28/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1123 N D 136.54 $ 33266 06/28/2022 FINANCE WATER UTILITY OTP‐ UB REFUNDS UB TERM REFUND 6612025‐501417 18.41 $ 33267 06/28/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1010 CUTTING 128.76 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33216‐33353 VOID VOID VOID VOID $ ‐
97 06/30/2022 FINANCE PAYROLL TRUST N.P.C.‐ORCHARD TRUST COMPANY EE DEFERRED COMP CONTRIBUTIONS $ 8,348.50 98 06/30/2022 FINANCE PAYROLL TRUST N.P.C.‐ORCHARD TRUST COMPANY EE DEFERRED COMP CONTRIBUTIONS $ 3,388.60 BANK #1 ‐ UNION BANK GENERAL ACCOUNT TOTAL $ 364,804.06

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: July 20, 2022
_________________________________ Agenda Number: ___________ Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Informational Report on Personnel Activity
RECOMMENDATION:

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

SUMMARY:

The purpose of this report is to provide the Council a monthly informational update on employment matters, including new hires, transfers, and terminations.

DISCUSSION:

The Civil Service Commission met July 5, 2022, and approved eligibility lists for the following classifications:
▪ Senior Civil Engineer
▪ Police Lieutenant
▪ Police Officer Trainee
The following employees began employment with the City since our last report.

Table 1: New Hires and Re-hires
Name Position Department Status* Effective
Date
Andrea Ruiz Program Leader II Parks & Community
Services
PT 6/15/22
Elise Zuniga Program Leader I Parks & Community
Services
PT 6/15/22
B-3
Table 1: New Hires and Re-Hires, continued
Name Position Department Status* Effective
Date
Valeria Ramos Lira Program Leader I Parks & Community
Services
PT 6/15/22
Daniel Arellano Program Leader I Parks & Community
Services
PT 6/15/22
Elias Barrios Program Leader I Parks & Community
Services
PT 6/15/22
Vanessa Cedeno
Manzo
Program Leader I Parks & Community
Services
PT 6/15/22
Alannah Ward Program Leader I Parks & Community
Services
PT 6/16/22
Melissa Martinez Records Clerk Police Department FT 6/18/22 Joseph Eischen Police Officer Trainee Police Department FT 6/18/22 Yvonne Hamilton Program Leader II Parks & Community
Services
PT 6/21/22
Desirae Velasco Program Leader I Parks & Community
Services
PT 6/21/22
Damian Bispham Program Leader I Parks & Community
Services
PT 6/22/21
Juan Pablo Balbuena
Moreno
Program Leader I Parks & Community
Services
PT 6/27/22
Brandon Xiong Water System Worker I Public Works –
Water Division
FT 7/5/22
Jesus Vezquez-Sotelo Combination Building
Inspector
Community
Development –
Building
FT 7/5/22
Ciara Rousey Program Leader I Parks & Community
Services
PT 7/5/22
Thomas Palacios Program Leader I Parks & Community
Services
PT 7/7/22
Roger Sanchez Part Time Director of
Financial Services
Finance PT 7/8/22
*Status: PT = Part Time, FT = Full Time
The following promotions, transfers, or assignment changes occurred since our last report.

Table 2: Promotions, Transfers, or Assignment Changes
Name Old Position New Position Effective
Date
Eric Battles Administrative Analyst I Administrative Analyst II 6/17/22 Martin Mendoza
Rios
Water System Worker II Water Quality Specialist I 6/18/22 Ruben Hernandez Police Officer Trainee Police Officer I 7/2/22 Salvador Zaragoza Police Officer Trainee Police Officer I 7/2/22 Jeremy Trinh Police Officer Trainee Police Officer I 7/2/22 Scott Wu Police Officer Trainee Police Officer I 7/2/22 Javier Valdez Streets & Storm Drainage
Supervisor
Streets & Storm Drainage
Operations Manager (outof-class assignment)
7/11/22
Jamie Hickman Streets & Storm Drainage
Operations Manager
Interim Public Works
Operations Director
7/11/22
Mark Trukki Police Sergeant Police Lieutenant 7/15/22
Gabriel Mayorga
Aguilar
Animal Control Officer Neighborhood Preservation
Specialist I
7/16/22
The following employees separated from employment since our last report.

Table 3: Separations
Name Position Department Status* Effective
Date
Hannah Flores Public Safety Dispatcher Police Department FT 6/23/22 Sean Plymale Police Officer II Police Department FT 6/24/22 Kristine Hodges Public Safety Dispatcher Police Department FT 7/4/22 Daniel Foss Police Lieutenant Police Department FT 7/8/22 Elizabeth Ruiz Administrative Assistant Finance/Parks & Community Services FT 7/8/22
*Status: PT = Part Time, FT = Full Time
FINANCIAL IMPACT:

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

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

The information contained herein is not addressed by the Vision Madera 2025 plan, nor is the information in conflict with that plan.

ALTERNATIVES:

This report is for informational purposes only.

ATTACHMENTS:

None

REPORT TO CITY COUNCIL
Council Meeting of: July 20, 2022
Agenda Number:

Kingsley Okereke, Interim Finance Director
Arnoldo Rodriguez, City Manager
SUBJECT:

Contract Award for Request for Proposals (RFP) 202122-13 Account Collection Services to CB Services, Inc.

RECOMMENDATION:

Adopt a resolution awarding the Contract to CB Business Services, Inc. for RFP 202122-13, Account Collection Services.

SUMMARY:

The City is in need of collection services to assist in the collection of various past due accounts.

This agreement will allow for those services to be provided in a consistent and responsible manner. Three proposals were received and opened by the Procurement Services Manager on Friday, April 29, 2022. Only proposals that were deemed responsive and met all requirements set forth in the RFP were evaluated. The firm with the best overall proposal that would benefit the City and had the highest score based on the established evaluation criterion was CB Merchant Services. CB Merchant has been the current collection agency since 2015. Commission charged is 22% for all collection services. Delinquent bills are sent to agency after 60+ days of attempted collection by the City.

DISCUSSION:

The advertisement for the RFP was duly noticed in the Madera Tribune newspaper on March 30, 2022. The RFP was distributed to a list of collection agencies that included firms from the City’s internal list of vendors and firms that City staff found online. The RFP was also posted on EBidBoard.com, an online listing service for bids and RFPs accessible from the City’s website as well as to other firms that regularly access EBidBoard’s website directly; and posted on the Purchasing page of the City’s website.

On Friday, April 29, 2022, three proposals were received and opened by the Procurement Services Manager. All three proposals were deemed responsive and met all requirements set B-4
forth in the RFP. These proposals were then evaluated by an evaluation team comprised of City Finance staff.

The responses received are listed in order of rank in Table 1.

Table 1: Ranking of Responsive Proposals Received
Rank Contractor Score
1 CB Merchant Services, Inc. 455
2 IC System, Inc. 437
3 Cedars Business Services, LLC. 433
Evaluation details and scores are listed in Table 2.

Table 2: Evaluation Details
Criteria Firm 1 Firm 2 Firm 3
Completeness of the response 116.67 108.33 108.33
Qualifications and experience 108.33 100.00 100.00
Scope of services 116.67 116.67 125.00
References 100 86.67 80.00
Fee schedule 13.33 25.00 20.00
Final Weighted Score: 455 437 433
After evaluation, the firm with the best overall proposal that would benefit the City and highest score based on criteria identified in the RFP was CB Merchant Services.

FINANCIAL IMPACT:

This agreement allows all charges for services to be deducted from actual funds collected. The City will not be invoiced for any expenses relating to this agreement.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Collection services are not addressed in the Vision and Action Plan, nor is it in conflict with the Plan.

ALTERNATIVES:

Alternatively, Council may elect to award to a different reject all proposals received, and request staff publish a new RFP.

ATTACHMENTS:

1. Contract Award Resolution

2. City Profession Services Agreement

3. Proposal/Scope of Service

4. Cost Proposal
ATTACHMENT 1
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA APPROVING THE CONTRACT AWARD FOR ACCOUNT COLLECTION SERVICES, RFP 202122-13 TO CB MERCHANT SERVICES, INC.

WHEREAS, on April 29, 2022, the City of Madera (City) Purchasing Division advertised Request for Proposals 202122-13 for account collection services;and WHEREAS, three sealed proposals were received on May 29, 2022, and opened by the Procurement Services Manager; and
WHEREAS, CB Merchant Services, Inc. received the highest evaluation score; and WHEREAS, the prices proposed for services as indicated in the proposal from CB Merchant Services, Inc. are found to be fair and reasonable; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY finds, orders, and resolves as follows:

1. The above recitals are true and correct.

2. The contract for Account Collection Services in the amount of $118,432.00 with CB Business Services, Inc., a copy of which is attached hereto as Exhibit 1 and referred to for particulars, is approved.

3. The Mayor of the City of Madera is authorized to execute the Agreement and any and all documents necessary to effectuate the Agreement on behalf of the City.

4. This Resolution is effective immediately upon adoption. *******
ATTACHMENT 2

PROFESSIONAL SERVICES AGREEMENT

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MADERA AND CB MERCHANT SERVICES, INC.

This Professional Services Agreement ("Agreement”) is entered into between the CITY OF MADERA, a California general law city (“City”) and CB Merchant Services, Inc. ("Service Provider”). This Agreement shall be effective on the date signed by City which shall occur after execution by Service Provider (“Effective Date”).

RECITALS
A. City has sought, by a Request for Proposals, to select a service provider to provide account collection services.

B. Service provider submitted a proposal for performing the requested Services and is engaged in the business of furnishing such services as a service provider and hereby warrants and represents that it is qualified, licensed, and professionally capable of performing the Services called for in the Request for Proposals and this Agreement.

C. City has selected Service Provider to perform the requested Services on the basis of Service Provider's demonstrated competence and professional qualifications.

D. City desires to retain Service Provider, and Service Provider desires to provide City with the Services, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Service Provider agree as follows:

AGREEMENT

1. Scope of Services. Service Provider shall perform, to the satisfaction of City in accordance with this Agreement, the Services described in the “Scope of Services” attached hereto as Exhibit A and incorporated by herein by this reference. Service Provider shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein.

2. Commencement of Services; Term of Agreement. Service Provider shall begin work after receipt of the Notice to Proceed. Service Provider shall there upon work diligently, through June 30, 2024 and continuously provide all the required services and activities described herein. The term of the contract shall be for a two-year firm fixed price contract. CITY and SERVICE PROVIDER may, upon mutual agreement of both parties, extend this Agreement for up to three (3) additional one-year terms. (a) Continuity of Personnel. Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider's staff and subcontractors assigned to perform the Services under this Agreement. Service Provider shall notify City of any changes in Service Provider's staff and subcontractors assigned to perform the Services under this Agreement. (b) Additional Services. Service Provider shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreement attached hereto as Exhibit A unless such additional services are authorized in advance and in writing by the City Manager of City. Service Provider shall be compensated for any such additional services in the amounts and in the manner agreed to by the City and Service Provider.

3. Compensation for Services. City shall compensate Service Provider for rendering the Services as follows:
(a) Collection fees for services rendered shall be deducted from the collection of delinquent revenue, based on the commission fee schedule described in Exhibit B. (b) No invoices for services are to be submitted to the City for payment processing. (c) Compensation to Service Provider for work performed under this Agreement shall not be deemed to waive any defects in work performed by Service Provider.

4. Independent Contractor Status. Service Provider and its subcontractors shall perform the Services as independent contractors and not as officers, employees, agents, or volunteers of City. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Service Provider’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Service Provider’s employees or subcontractors, any claim or right of action against City. Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Service Provider or its agents or employees perform the services under this Agreement.

5. Qualifications, and Professional Standards. Service Provider represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Service Provider under this Agreement. Service Provider represents that to the extent Service Provider utilizes subcontractors, such subcontractors are, and will be, qualified in their fields. Service Provider also expressly represents that both Service Provider and its subcontractors, if any, are now, and will be throughout their performance of the Services under this Agreement, properly licensed or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement. Service Provider and its subcontractors, if any, shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with and keep themselves informed of all applicable laws and regulations.

6. Identity of Subcontractors and Sub-Consultants. Service Provider shall before commencing any work under this Agreement provide to City in writing: (a) the identity of all subcontractors and sub-consultants (collectively referred to as "subcontractors"), if any, which Service Provider intends to utilize in Service Provider's performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Service Provider shall only employ subcontractors pre-approved by City and in no event shall Service Provider replace an approved subcontractor without the advance written permission of City, with the understanding that City’s permission will not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Service Providershall be liable to City for the performance of Service Provider's subcontractors.

7. Subcontractor Provisions. Service Provider shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Service Provider owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions, and other work product prepared and performed by subcontractors for Service Provider; and (c) compliance with all laws and certifications as required under this Agreement.

8. Power to Act on Behalf of City. Service Provider shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.

9. Record Keeping; Reports. Service Provider shall keep complete records showing the type of Services performed. Service Provider shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Service Provider and its subcontractors for inspection and audit purposes. Service Provider shall provide City with a working draft of all reports and a copy of all final reports prepared by Service Provider under this Agreement.

10. Ownership and Inspection of Documents. All data, tests, reports, documents, conclusions, opinions, recommendations, and other work product generated by or produced for Service Provider or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs (“Work Product”), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit. Upon City’s request, Service Provider shall make available for inspection and copying all such Work Product and all Work Product shall be turned over to City promptly at City’s request or upon termination of this Agreement, whichever occurs first. Service Provider shall not release any Work Product to third parties without prior written approval of the City Manager. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.

11. Confidentiality. All data, reports, conclusions, opinions, recommendations, and other work product prepared and performed by and on behalf of Service Provider in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Service Provider shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees, affiliates, and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Service Provider shall also require its subcontractors to be bound to these confidentiality provisions.

12. City Name and Logo. Service Provider shall not use City’s name or insignia, photographs relating to the City projects for which Service Provider’s services are rendered, or any publicity pertaining to the Service Provider’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

13. Conflicts of Interest. Service Provider warrants that neither Service Provider nor any of its employees have an interest, present or contemplated, which would conflict in any manner with the interests of the City, or which would in any way hinder Service Provider’s performance of services under this Agreement. Service Provider covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Service Provider shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission. City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. City understands and acknowledges that Service Provider will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement, and any such future service shall not be considered a conflict of interest for purposes of this section.

14. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Service Provider, or any successors in interest, in the event of a default or breach by City for any amount which may become due Service Provider or its successor, or for any breach of any obligation under the terms of this Agreement.

15. City Right to Employ Other Service Providers. This Agreement is non-exclusive with Service Provider. City reserves the right to employ other Service Providers in connection with the Services.

16. Termination of Agreement. This Agreement shall terminate upon completion of the Services, or earlier pursuant to the following.
a. For Convenience of City. This Agreement may be terminated by City at its discretion upon thirty (30) days prior written notice to Service Provider. b. For Breach of Either Party. If for any cause either party fails to fulfill in a timely and proper manner its obligations under this Agreement (the “breaching party”), the other party (the “terminating party”) shall have the right to terminate the Agreement by giving not less than five (5) working days’ written notice to the breaching party of the intent to terminate and specifying the effective date thereof. The terminating party shall, however, provide the breaching party with a detailed statement of the grounds for termination. This statement shall include, as appropriate, references to specific provisions of this Agreement, dates, dollar amounts and other information relevant to the decision to terminate for cause.
c. Compensation to Service Provider Upon Termination. In the event termination is not due to fault attributable to Service Provider and provided all other conditions for payment have been met, Service Provider shall be paid compensation for services performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Service Provider 's compensation has not become due, Service Providershall be paid the reasonable value of its services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified in Section 3 herein. In the event of termination due to Service Provider’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure.
d. Effect of Termination. Upon receipt of a termination notice (or completion of this Agreement), Service Provider shall: (i) promptly discontinue all Services affected (unless the notice directs otherwise); and (ii) deliver or otherwise make available to the City, without additional compensation, all data, documents, procedures, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Service Provider in performing this Agreement, whether completed or in process. Following the termination of this Agreement for any reason whatsoever, City shall have the right to utilize such information and other documents, or any other works of authorship fixed in any tangible medium of expression, including but not limited to physical drawings, data magnetically or otherwise recorded on computer disks, or other writings prepared or caused to be prepared under this Agreement by Service Provider. Service Provider may not refuse to provide such writings or materials for any reason whatsoever.

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

18. Indemnity and Defense. Service Provider shall indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Service Provider’s performance of its obligations under this agreement or out of the operations conducted by Service Provider, 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 Service Provider’s performance of this agreement, the Service Provider 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.

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

21. Form and Service of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: Jennifer Stickman
City of Madera
205 W. Fourth
Madera, CA 93637
Email: [email protected]
To Service Provider: Linda Guinn
CB Merchant Services, Inc.

P.O. Box 209
Stockton, CA 95201
Email: [email protected]
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

22. Entire Agreement. This Agreement, including the attachments and exhibits, represents the entire Agreement between City and Service Provider, and supersedes all prior negotiations, representations, or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Service Provider.

23. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

24. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

25. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.

26. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Service Provider in the County of Madera, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.

27. Attorneys Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant, or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorneys’ fees and legal expenses.

Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

29. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

30. Execution in Counterparts. 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.

31. Non-Discrimination. Service Provider shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Service Provider employees or applicants for employment. Service Providershall ensure that any subcontractors are bound to this provision. A protected class includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the City and Service Provider have executed this Agreement on the date(s) set forth below.

CB MERCHANT SERVICES, INC. CITY OF MADERA
By: ___________________________ By: ______________________________ Linda Guinn, CEO Santos Garcia, Mayor
Date: __________________ Date: ______________________
APPROVE AS TO FORM:

Hilda Cantú Montoy, City Attorney
ATTEST:

Alicia Gonzales, City Clerk
City of Madera
Account Collection Services
RFP 202122-13
April 26, 2022
Jennifer Stickman, Procurement Services Manager
Finance Department
City of Madera
205 W. 4th Street
Madera, CA95637
Dear Ms. Jennifer Stickman:

C B Merchant Services is pleased to present this proposal to City of Madera for the City’s request for Account Collection Services. C B Merchant Services is a professional collection agency established in 1917 (105 years ago) as a mutual benefit, not for Profit Corporation, incorporated in 1950. Our California Corp number is C0250210. We believe our proven ability to successfully resolve unpaid accounts for our clients is a direct reflection of our 105 years in business, especially since we work for free until we collect. In this proposal we will summarize our experience, firm philosophy, our people, our clients, and our concern for the communities we serve. We will also discuss the specific services we will provide to the City of Madera accompanied by our proposal fees and timeline for the performance which will ensure profitability of the program for both the City of Madera and C B Merchant Services. C B Merchant Services has decades of experience working with Cities like the City of Madera.

We are local (California) business with state-of–the-artresources and the depth and expertise needed to effectively serve the City of Madera. We understand how important it is to treat your customers and consumers in a dignified, professional, and congenial manner while working cooperatively to resolve their outstanding accounts. We are located, nearby, in the heart of San Joaquin County; our office address is 217 N. San Joaquin St. Stockton, CA. 95202. We hope that you will agree that our experience and professionalism combined with our state-of-the-art resources makes C B Merchant Services the best agency qualified to work with your constituents to resolve their unpaid accounts.

The individual authorized to execute this contract is Linda A. Guinn, CEO/President [email protected] at 209-944-9001 or 800-399-2400. Please allow this letter of transmittal to confirm that we have carefully read and understand this proposal. C B Merchant Services will comply with all the terms and conditions as stated in the RFP.

Your primary contact and the person assigned to manage your account relationship is our Collection and Compliance Manager, Ana Molina. Ana and her team possess the municipal government knowledge and hands on experience in implementing and managing client relationships with similar requirements, such as yours. Ana Molina is located in our corporate office in Stockton and her email is [email protected] or via phone 1-800-399-2400 x 124.

CBMS will provide you and your customers the highest level of customer service thru our commitment to transparency, accountability and communication. We look forward to serving you and your clients.

Sincerely,
Linda A Guinn
LindaA.Guinn
CEO/President
ATTACHMENT 3
fl
fERCHANT
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City of Madera
Account Collection Services
RFP 202122-13
Tab A Table of Contents
TAB B: Agency Profile ............................................................................................................................... 3-4 Agency
Overview............................................................................................................................................ 3-4 Experience...........................................................................................................................................4-5 Relationship Management...................................................................................................................5-6 TAB C: References......................................................................................................................................... 7-8 TAB D: Firm Qualification ............................................................................................................................ 9-10 TAB E: Miscellaneous Questions: ............................................................................................................11-15 Tab F: Implementation Plan and Cost ......................................................................................................16-17 TAB G: Service Enhancements......................................................................................................................18 TAB H: Disaster Recovery Plan................................................................................................................. 19-21 TAB I: Credit Card Services........................................................................................................................... 22 TAB J: Management Report Requirements: ..................................................................................................23 TAB K: Cost Proposal ................................................................................................................................. 24 TAB L: Addenda
TAB M Attachments
Attachment A: Vendor Information
Attachment B: Compensation Fee Schedule
Attachment C: Insurance
Attachment D: Draft of City Contract
Appendix –Sample of Reports, Letters and Hardware Information fl
fERCHANT
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City of Madera
Account Collection Services
RFP 202122-13
TAB B Agency Profile
Agency overview
General overview of agency, customer service philosophy, and identification of the primary office or branch that the City will be assigned to and where the city will send it business. What set the agency’s government collection apart from others?
Any agency can collect money. Achieving competitive results while providing superior service and actually improving client relations takes a special kind of agency- and that is C B Merchant Services. C B Merchant Services (CBMS) is a full-service accounts receivable management company located in San Joaquin County, California.Founded in 1917 by the Stockton Merchants Association, CBMS is a mutual benefit, not-for- Profit Company. As a not for profit organization, our focus is on your financial health and all that that encompasses. While other agencies define success by profitability, as a not for profit, we define success by client retention, employee retention, and the excellence of our reputation. As a result, CBMS has grown to become an industry leader in resolving and collecting City, County and State government delinquent accounts throughout California.

C B Merchant Services distinguishes itself from other agencies in a variety of ways including exceptional client relations, customized processesthat conform to your requirements, dedicated clientservices, hands-on portfolio management, and more.

Exceptional Client Relations
At CBMS, we approach our client as an advocate, not an adversary. Our first and primary efforts are to help your client get their bill paid. We will work with your client to assist them with questions.

Customized Processes Conform to Your Requirements
Unlike many agencies, we have no interest in requiring our clients to conform to our policies and procedures. We are interested, however, in working with you and your staff to develop what you fill is an ideal agency relationship.

By gaining a clear understanding of exactly what you are looking for in an agency, we will design a customized “total service package” to give you precisely the service you need. Whether our primary mission is exceeding performance goals and service requirements, CBMS is committed to meet and exceed your expectations. Our goal is to continually develop better and more profitable solutions for each of our clients in a user-friendly relationship that, according to your definition, will set the standard for client service.

Client service is far more than a clerical function at CBMS. Our Client Services Department is focused on providing superior, pro-active service designed to reduce your administrative burden and create a user friendly relationship for your management team and staff. This begins long before the first placement of accounts.

Hands-on PortfolioManagement
CBMS has assigned Compliance and Collection Manager, Ana Molina as contract manager for this contract. Ana and her team will work with you to ensure that we meet or exceed your expectations for this contract. Ana is located at our corporate headquarters at 217 N San Joaquin St. Stockton, Ca. 95202. She can be reached by phone (209) 944- 9001 ex 124 or via email [email protected].

Ana and the entire CBMS team look forward to partnering with the City of Madera on this contract. fl
fERCHANT
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City of Madera
Account Collection Services
RFP 202122-13
Ownership and LegalStatus
CBMS is a member-owned, mutual benefit, not-for-profit Corporation serving thousands of clients throughout California.

Corporate Names and Business Entities
We operate under the name C B Merchant Services, formally known asthe Credit Bureau of Stockton. There are no other current, business entities associated with CBMS.

Our corporate headquarters is located at 217 N. San Joaquin Street, Stockton, California 95202. CBMS owns this property and we have been located here since 1981. All work for this contract will be performed from this location.

Customer Service Philosophy
At CBMS, we approach your customer as advocate, not adversary. We will work with your customer in a collaborative manner to assist them with questions and we will guide them thru various repayment options available to resolve the account. Our first and primary efforts are to help your customers pay their bills. Our customers are the most important part of our daily business; they are not dependent on us. We are dependent on them. They are not an interruption to our work. They are the purpose of it. They are not an outsider in our business. They are part of it. We are not doing them a favor by serving them. They are doing us a favor by giving us an opportunity to serve them.

Whatsets your company apart from othersproviding similarservices? C B Merchant Services distinguishes itself from other agencies in a variety of ways including exceptional client relations, customized processesthat conform to your requirements, dedicated clientservices, hands-on portfolio management, and more.

Any agency can collect money. Achieving competitive results while providing superiorservice and actually improving customer relations takes a specialkind of agency—and that is CBMS. Established in 1917, as a mutual benefit not for Profit Corporation, our focus is on your financial health and all that that encompasses. While other agencies define success by profitability, as a not for profit, we define success by client retention, employee retention, and the excellence of our reputation. As a result, CBMS has grown to become an industry leader in resolving and collecting City, County and State government delinquent accounts throughout California.

Experience
Describe the agency’s direct experience in servicing public sector clients. Please include: the number of public agency clients and agency’s knowledge of and adherence to the California Government Code and other applicable laws. Provide statistical data showing measurable data related to accounts listed and collection results.

Currently, CBMS is honored to service 20 public agencies representing multiple debt types. CBMS has experience on these types of government accounts: Utilities, Administrative Citation, Jail booking fees, Abatement fees, Animal Control, Police and Fire Alarm Permits and fines, Business license, Returned Checks, Contract property lease, Cobra Benefits, Payroll overpayments, Code Enforcement, Central Parking, Consumer & Commercial Sewer, Probation orders, Public Works damages, Police Dept. DUI, Encroachment Permits, Escort Police, Firework Enforcement, Fire False Alarms, Fire Inspections, Fire prevention inspection, Graffiti Vandalism, Recovery of Cost, , Commercial storm drain, Water billing, Waste Hauling, Miscellaneous accounts, Library, Type of Account Accounts Listed Collection Results
Utilities 43,761 24.3
Miscellaneous Accounts 1512 20.2
Administrative Fee 638 19.7
(Recovery Results vary based upon age and average balance of accounts atthe time of assignment.) fl
fERCHANT
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City of Madera
Account Collection Services
RFP 202122-13
Compliance is critical to any agency’ssuccess. During employee orientation, each employee willreceive proper training on the importance of confidentiality of records, financial information, credit card numbers, credit reports, bank accounts, and any other confidential client specific information maintained by CBMS.

To ensure our collectors understand the law, CBMS staff members and managers hold the following training certifications:
• Federal Fair Debt Collection Practices Act(FDCPA) - All Staff • CaliforniaRobbins RosenthalAct-(California FDCPA)- All Staff • Unfair & Deceptive Acts and Practices Act – (UDAAP) - All Staff • ACAInternational HCM Designation (includes Data Security)-Management • Health Information Portability and Accountability Act(HIPAA) - All Staff • Telemarketing Consumer Protection Act(TCPA) – All Staff • ACA International Professional Collection Specialists – (PCS Designation) Supervisors and Management • Professional Telephone Techniques-All Staff
• Fair Credit Report Act(FCRA)-Management
• Fact Act(FACTA)-California Fair Credit Reporting Act-Management • Gramm Leach Bliley Act (GLBA) and Regulation F- All Staff Relationship Management
At the CBMS helm is a team of industry leaders, ready to partner with the City of Madera on this contract. Following are biographies of our key personnel.

Linda Guinn, President/CEO (Authorized to enter into contractual agreement) Linda Guinn has 38 years’ experience in the credit reporting and collections industry. Mrs. Guinn oversees all of C B Merchant Services functions including collections, sales, accounting and financial reporting. Mrs. Guinn reports directly to the Board of Directors.

Linda Guinn is knowledgeable in the Federal Fair Debt Collection Practices Act, California -Robbins-Rosenthal Act, and the Federal and State Fair Credit Reporting Acts, Gramm Leach Bliley Act, HIPAA, Red Flag, Regulation F and a magnitude of other laws pertaining to the accounts we collect.

Linda possesses the municipal government knowledge and hands on experience in implementing and managing relationships with similar requirements and procedures, such as yours.

Ana Molina, Compliance & CollectionManager/OperationsManager Ana Molina has over 35 years in the collection industry. Ms. Molina is responsible for corporate compliance and oversees all facets of the collection agency. By interacting with department supervisors, she monitors all duties such as the receipt of accounts and entering accounts (whether received manually or by automatic transmission) are processed securely according to established business protocol. Ana Molina is directly responsible for hiring, training, supervising all collection staff, in addition to regularly conducting collector and client account audits to ensure clients compliance and performance target are met. Using the DAKCS software system, she regularly reviews reports and works efficiently and professionally with sales, accounting and key management staff in order to assist clients in a professional manner.

Ana Molina is knowledgeable in the Federal Fair Debt Collection Practices Act, California -Robbins-Rosenthal Act, and the Federal and State Fair Credit Reporting Acts, Gramm Leach Bliley Act, HIPAA, Red Flag, Regulation F and a magnitude of other laws pertaining to the accounts we collect. Ana possesses the municipal government knowledge and hands on experience in implementing and managing relationships with similar requirements and procedures, such as yours. fl
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City of Madera
Account Collection Services
RFP 202122-13
Dennis Barbieri, Account Executive
Dennis has over 30 years of industry experience and is directly responsible for establishing and maintaining all client relationships for C B Merchant Services. Dennis will be your dedicated liaison to ensure you enjoy a high level of customer satisfaction. Dennis Barbieri is knowledgeable in the Federal Fair Debt Collection Practices Act, California - Robbins-Rosenthal Act, and the Federal and State Fair Credit Reporting Acts, Gramm Leach Bliley Act, HIPAA, Red Flag, Regulation F and a magnitude of other laws pertaining to the accounts we collect. Dennis possesses the municipal government knowledge and hands on experience in implementing and managing relationships with similar requirements and procedures, such as yours.

Lisa Shears, Accounting Manager
We at C B Merchant Services pride ourselves in providing you the highest level of transparency and financial assurances. Our financial records and internal controls are audited by a CPA accounting firm on an annual basis which provides you the highest level of financial assurance. Our accounting department is competently led by Lisa Shears. Lisa has over 20years experience in financial accounting. As the Accounting Manager she is responsible for all facets of accounts payable, accounts receivable (non-collection), posting collection payments, preparing financial statements, payroll, running month end reconciliations. Ms. Shears works efficiently and professionally with collection, sales and managementstaff, and assists clientsin a professional manner. Lisa leadsthe team thatis responsible for preparing your clienttruststatements / remittances and making sure you get paid. Lisa possessesthe municipal government knowledge and hands on experience in implementing and managing relationships with similar requirements and procedures, such as yours.

Wendy Costa, Collection Supervisor
Mrs. Costa has over 18 years’ experience in the collection industry and is directly responsible for the clerical department duties such as; receiving of accounts, entering accounts (whether received manually or by automatic transmission), review of reports, supervising employees, hiring, training, and client services and account auditing. Wendy oversees all collection effortsincluding issuesthat must be escalated for resolution to ensure clients and customersreceive excellent customer service. Wendy is certified on the Fair Debt Collection Practices Act, and knowledgeable of the RobbinsRosenthalAct, and the Fair Credit Reporting Act, GrammLeach Bliley Act, HIPAA, Red Flag act and Regulation F. Ms. Costa has earned IACCA designation as a Commercial Collection Specialist and professional designation with ACA International as a Professional Collection Specialist. Wendy possesses the municipal government knowledge and hands on experience in implementing and managing relationships with similar requirements and procedures. fl
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City of Madera
Account Collection Services
RFP 202122-13
TAB C: References
Please provide five (5) references that are similar size and scope of service utilization as the City, preferably cities or counties. Include the following information for each:

ContactName and Title
Name of Customer
Address
TelephoneNumber
Fax Number
Number of years as Customer
Service Provided.
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City of Madera
RFP 202122-13 Account Collection Services

TAB C REFERENCES
AGENCY/COMPANY: City of Baldwin Park
CONTACT PERSON: Rose Tam
EMAIL ADDRESS: [email protected]
PHONE NUMBER: 626-960-4011
ADDRESS: 14403 E. Pacific Ave 2nd Fl Baldwin Park,Ca. 91706 DATE SERVICES PROVIDED: 2015
SUMMARY OF SERVICES INCLUDED:Utilities,Fines,Permits,Misc,DUI.

AGENCY/COMPANY: City of Galt
CONTACT PERSON: Cathy Duly
EMAIL ADDRESS: [email protected]
PHONE NUMBER: (209) 366-7150
ADDRESS: 380 Civic Dr Galt,Ca.95632
DATE SERVICES PROVIDED: 1996
SUMMARY OF SERVICES INCLUDED: Utilities,Commercial,NSF Checks,Misc AGENCY/COMPANY: City of Lodi
CONTACT PERSON: Taara Sumner
EMAIL ADDRESS: [email protected]
PHONE NUMBER: 209-333-6717
ADDRESS: 210 W ELM ST Lodi,Ca. 95242
DATE SERVICES PROVIDED: 1993
SUMMARY OF SERVICES INCLUDED:Utilities,Fines, Checks,Misc.

AGENCY/COMPANY: City of Stockton
CONTACT PERSON: Alisha Singh
EMAIL ADDRESS: [email protected]
PHONE NUMBER: 209-937-7179
ADDRESS: 425N. El Dorado Stockton,Ca.95202
DATE SERVICES PROVIDED: 1979
SUMMARY OF SERVICES INCLUDED:Utilities,Fire,DUI,Alarms,Bus. Lic.,Code Enforcment AGENCY/COMPANY: City of Tracy
CONTACT PERSON: Isabel Yamada
EMAIL ADDRESS: [email protected]
PHONE NUMBER: (209) 831-6821
ADDRESS: 333 Civic Center Plaza Tracy, Ca.95376
DATE SERVICES PROVIDED: 1992
SUMMARY OF SERVICES INCLUDED:Utilities,Alarms,Permits,Bus.Lic.,Code Enforcment

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City of Madera
Account Collection Services
RFP 202122-13
TAB D: Firm Qualification
Provide information on your firm’s background and qualifications which addressesthe following:

1. Name, address, and telephone number of contact person; and, C B Merchant Services
217 N. San Joaquin St
P O Box 209
Stockton, CA 95201
Linda Guinn CEO/President 209-944-9001 Fax 209-944-0795 Email: [email protected]
Website: cbmerchantservices.com
Employ: 10 collectors
Federal Identification and/or Social Security number: 94-1160895 State in which incorporated:

Incorporated in the State of California in 1950.

2. A brief description of your firm
C B Merchant Services is a professional collections agency established in 1917 (105 years) as a mutual benefit, not for Profit Corporation. We add to the financial health of Cities and Counties throughout California by handling the tough parts of accounts receivable management-delinquent accounts At CBMS we combine efficiency, professionalism, and persistence with a commitment to excellent client service and outstanding customer relations to maximize recovery to increase your bottom line. Our dedication to this philosophy has allowed us to build long term quality partnerships our clients, many of which are decades old.

Studies show that by increasing your telephone contacts you’ll increase the likelihood your account will be paid. “The wheel that squeaks the loudest is the one that gets the grease.” As a fully automated collection agency on the DAKCS collection system, our collectorsretrieve information with the touch of a button. In addition to mailing collection notices on each account assigned, we utilize highly compliant omni channel communications (text, email, voice) to ensure consumers have the option to communicate with usin their preferred method of communication. This approach ensures “live contacts and multiple communication approaches” are made to connect with the consumer to successfully resolve the account. Live agents manually dialthose accounts excluded from the dialer to ensure compliance with Telemarketing Consumer Protection Act (TCPA). By utilizing a combination of predictive & manual dialing or messaging campaigns, our collectors increase the likelihood of contacting the responsible party to arrange for payment in full on your accounts.

C B Merchant Services coversthe entire collection processfrom initial contact to final resolution.

Our proven track record of consistently exceeding the national average reflects the quality of our people. All employees receive extensive training on the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Gramm Leach Bliley Act, HIPAA, Red Flag, TCPA and other laws pertaining to the accounts we collect. C B Merchant Services collectors are required to pass State and Federal regulations tests as well as participate in continuing education. fl
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City of Madera
Account Collection Services
RFP 202122-13
You’ll enjoy a higher rate of return due to the depth of our experience in the industry as well as our professional affiliations nationwide.

Your account information is safe with C B Merchant Services. Once you’ve set up your account, you may refer and manage accountsthrough our secure internet web portal. Private information is secure in a double fire walled computer network that is available only to authorized C B Merchant Services Clients. Records are backed up nightly, weekly and monthly. They are stored in a secure off-site location. In addition to ensure the safety of your private information, we utilize a third- party security service.

C B Merchant Services is licensed, bonded and insured to collect your delinquent accounts. In order to provide the highest level of assurance in financial reporting our financial records audited annually by a certified public accounting firm, as directed by our Board of Directors.

3. Describe any failure or refusal to complete a contract, including details and dates.

CBMS has never failed or refused to complete a contract.

4. List any disciplinary or investigative action, including audits,the past five (5) years conducted by a professional body or local, state or federal branch of government of your firm.

CBMS has never been investigated or audited by any professional body, or localstate or federal branch of government.

5. List any and all litigations, pending or final, to which you are a party that is related or similar to the services being solicited in the past five (5) years
C B Merchant Services has not been a (Defendant) party to the following: judgments, litigations, licensing violations or any other violations in the past 5 years.

C B Merchant Services in the regular course of business is a Plaintiff on many litigations (pending or final) representing our clients in municipal court where we are seeking a judgment to collect on an assigned account. A detailed listing will be provided upon request.
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City of Madera
Account Collection Services
RFP 202122-13
Tab E: Miscellaneous Questions:

Please respond to the following.

1. Does the agency have a toll-free number for customer service? Yes, 800-399-2400. What are the hours of operation for customer service? Monday- Friday 8am -5pm. Where is the customer service center located? 217 N.

San Joaquin St. Stockton, Ca 95202

2. What isthe agency’s policy regarding installment agreement with debtors.

CBMS will follow the installment plan as set forth in the RFP. Absent a client specific installment requirement, our office policy is as follows:

Our initial letter requests payment in full on the account. Thereafter, once contact is made with the consumer, the collector through a series of questions will determine the consumer’s willingness and ability to pay the account. Every effort is made to successfully negotiate either payment in full or a payment plan that the consumer will follow through with. When any promise to pay is received on an account, a code is entered into oursystemthat requires a scheduled payment amount and due date. This account does not appear inthe collectors call queue again unless the payment is not received.

When a promise to pay is broken, the account is placed back in the calling queue for immediate follow-up. To increase the likelihood of contact, broken promises are followed up at the same time of the day that the originalpromise was made. Follow-up calls continue until payments are re-established or the account is paid in full.

Flexible Payment Optionsfor Consumers
We offer many flexible payment options to increase likelihood of payment on the account. Consumers have the option of paying over the phone, via our secure Internet portal 24/7, viaU.S. mail or by visiting our office. CBMS has seven payment windows availablefor walk-in traffic. We accept a variety of payment forms (Reg. E complaint) including the following:

Visa, Master Card, Discover, Personal Checks, Post-dated checks, Money orders, check by phone, Cash Settlements are not accepted without specific authorization from theCity of Madera. 3 What isthe agency’s policy and procedure for reporting to credit agencies? At your option, we will report all accounts ($25.00 and up) that are placed for collection to all three credit reporting agencies. We wait a period of 60 days before reporting the account. Accounts paid in full, settled or canceled within the first 60 days are not reported. This avoids reporting those accounts that have a sincere intention to resolve their obligation. Our monthly credit reporting file is sent to the credit reporting agencies by the 5th of each month.

There is No Charge –CBMS does not charge a fee for reporting accounts According the State and Federal law accounts referred for collection may be reported on the credit report for up to seven years, paid or unpaid, which greatly improves the potential of collecting your account over an extended horizon. fl
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City of Madera
Account Collection Services
RFP 202122-13

4. What isthe agency’s policy and procedure for obtaining judgments? No account is for considered for judgment without written authorization from the City of Madera. CBMS uses the following procedures to help identify possible candidatesfor potential judgments before they are passed on for your review.

Subject to client specific limitations, unreasonable payment amounts or refusals to pay a valid claim on accounts with balances of $1000 or greater are evaluated for possible legal action. Subject to identifiable assets, with your permission, we’ll go the full extent of the law to collect your account. With your authorization, we will advance all court costs and attorney fees necessary to obtain a judgment. You save the out of pocket legal costs, as well as the hassle of small claims court. Once judgment is obtained, we will promptly lien the attachable assets.

5. Are Account Analysis reports on line? Yes, CB Merchant Services has the ability to provide unlimited customized reports developed to your specific requirements. Sample reports are enclosed, however each public agency report requirements differs. We will also provide these reports in a comma delimited format for ease of manipulation. We will capture any and all data elements you desire in order to provide client specific customized reports available on demand or at scheduled intervals. Reports are also available on our client portal in real time 24 hours a day and 7 days a week.

6. What methodology, approach and resources are used in debt recovery? Collection Letter Service (Optional) - Collection Letter Service is a free demand letter. This initial notice is mailed to the address you provide and is scrubbed and NCOA screened to ensure deliverability of the notice. This initial notice identifiesthe amount due City of Madera and appealsto the consumer to identify disputes, if any, and requests payment in full. Our tollfree number is provided to ensure ease of contact and open communication to discuss payment arrangements. There is no charge on amounts collected during the first ten days.

Collection Process
C B Merchant Services covers the entire collection process from initial contact to final resolution. Once assigned for collections (or following the letter service period), our first contact consists of both telephone and/or letter communication requesting payment in full and providing all the necessary disclosures, as required by law. In addition to mailing collection notices on each account assigned, predictive dialing technology ensures “live contacts” are being made on your accounts. By utilizing a combination of TCPA Compliant predictive dialing, manual dialing and/or messaging campaigns, C B Merchants increases the likelihood of contacting the responsible party to arrange for payment in full on your accounts. We recognize that many households are two income wage earners, consequently, we have extended business hours; we are available all five (5) evenings per week till 5:00 p.m. Our consumer portal is available 24/7/365.

Our ten (10) collection specialists are courteous and tactful, but firm enough to get the job done. Each account is evaluated individually based upon many factors; amount referred, age of account, consumers financial situation and financial resources. We are sensitive to customer concerns and in all cases where an error appears to have been made, we will investigate to ensure that the collection action is correct and proper. We are open to discussing payment arrangements with the consumer provided the payment amount is reasonable and the financial situation has been verified.

In addition to extended business hours (evening shifts) and a bilingual staff, we provide a number of instant payby-phone and web-based payment options which greatly improves our success in collecting your accounts. fl
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City of Madera
Account Collection Services
RFP 202122-13
We leverage the most current technology and information resources available, along with our highly trained staff, to collect more for you!
Skips and Mail Returns
Skips and mail returns require special handling and are immediately referred to our comprehensive skip tracing team prior to commencing with collections effort.

Reporting
According the State and Federal law accountsreferred for collection may be reported on the creditreportforseven years which greatly improves the potential of collecting your account over an extended horizon.

Legal
Unreasonable payment amounts orrefusalsto pay a valid claim on amounts over $1000 will be evaluated for legal action.

With your permission, we’ll go the full extent of the law to collect your account. With your authorization, we will advance all court costs and attorney fees necessary to obtain a judgment, when warranted. You save the out of pocketlegal costs, as well as the hassle of small claims court. Once judgment is obtained, we will promptly lien the attachable assets.

C B Merchant Services has a staff of 10 collectors that will be working on your account if we are awarded your contract.

Our business office consists of 10,000 square ft., and our, highly secure,scalable network permits scalable work stations as needed. We have the financial capacity and ability to ramp up workstations as needed. The average experience level in our workforce is 13 years.

The education level of ourstaffrangesfromhigh school graduates,some college, and trade school and college graduates.

We are able to collect nationwide thru our bonded affiliation with American Collection Association.

7. What is your agency’s estimated success rate of collection based upon various types and ages of accounts? Based upon our inventory of similar type accounts we forecast to recover 25% of dollars assigned for City of Madera.

Assignment results will vary based upon age and type of the accounts assigned and the unique demographics of the areas served.

8. Can your agency send monthly reports electronically? Yes CB Merchant Services has the ability to provide unlimited customized reports and will capture any and all relevant data elements you desire.

Date of Customer payment
a. The City’s account number for the consumer
b. Consumer’s personal identification number
c. Consumer’s name and date assigned
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City of Madera
Account Collection Services
RFP 202122-13
d. Date City mailed closing bill to consumer
e. Address where debt wasincurred
f. Payment amount and status(partial payment or paid in full). g. Dollar amount of each paymentreceived which is due to the agency to cover the collection fee h. Dollar amount of each paymentreceived and amount due to the City i. Remaining individual consumer account balance, if any j. Where payment was made, to the agency or the City
k. Provide a summary total for items g, h, and i

9. Does your agency have a staff that is bi-lingual and do you have collection lettersthat are available in Spanish for bi-lingual customers?
Thirty-one percent of the CBMS collection team and managersspeaks English and Spanish. Our collection letters are in English and Spanish. We use a language translation line when required for other languages.

10. Does your agency provided consultation on collection procedures to the City Staff? Yes, CBMS is happy to consult with the City on Account Receivable Management and compliance. Recent programs offered to similar type clients include (but is not limited to); How to Make a Collection Call, Skip Tracing Using the Internet, Advanced Collection Procedure, Understanding Bankruptcies; How & When to File a Claim, When to Consider Legal Action to Collect Your Account.

11. Describe your experience in dealing with delinquent utility bills, fines, liens, etc., levied against properties in foreclosure.

Collection Letter Service (Optional)
Collection Process
As a result ofthe economic downturn, we have substantial experience in collecting accountsfor propertiesin foreclosure.

Aside from our traditional collection processes, (Policies & Processes, Reporting & Legal), we have found we often need to locate the consumer and educate them of their financial responsibility up to the point of foreclosure. C B Merchant Services has access to online public records to verify Foreclosure Sale dates etc. With our client’s permission, services billed after foreclosure are transferred to the property lien holder (bank or financial institution) for additional collection effort. We have found that most consumers, once located, are now in a better financial situation than they were when the property was in foreclosure. Once appropriate billing details are provided, we have found the consumer is usually willing to pay. Banks and Financial Institutions generally pay when receiving appropriate proof of the debt obligation.

We will also work directly with title companies on letters of demand. 12 Does your agency have the means to validate address information received from the City before commencing the collection action? YES Prior to the first placement of your accounts, all accounts are scrubbed and National Change of Address (NCOA) screened to ensure deliverability prior to mailing the first collection notice. We will run your accounts thru the National Change of Address, to validate the address for the validation letter to be received by the consumer.

CBMS is very adept at locating missing debtors.

We believe that skip tracing is a natural part of the collection process, and collectors and skip tracers must have the proper training and tools to do their jobs well. We conduct real-time searches on public and proprietary records as well as conducting extensive phone data searches, which include cell phone verification, reverse look up, caller ID, and carrier contact information. Some examples of our skip trace resources (which are pulled direct to our collectors' screens) are:
 Accurint
 CLEAR
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City of Madera
Account Collection Services
RFP 202122-13
 Equifax
 RealQuest
 TLO
 Trans Union
 Vehicle Registrations
 Bankruptcies
 Real Property data
 Records of persons, criminal and courtrecords
 Business data
 Professional Licenses
 Corporate records
 Postal tracers
 Directory assistance
 Criss-cross directories
 NCOA files
 Property owner/landlord searches
 DMV searches(in providerstates)
 County tax assessors
 Neighbors
 Surname matches
 National data bases
 Neighborhood income demographics
 New Movers
 Death Index
 Phone data (cell phone, reverse look up, caller Id, carrier contactinformation, ported flags) Our growth overthe yearsislargely due to our ability to locate and recover an above-average percentage ofskip accounts for our clients.

All work will be handled by trained CBMS staff, insured to handle confidential customer information. fl
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City of Madera
Account Collection Services
RFP 202122-13
TAB F: Implementation Plan and Cost

1. Please describe in detail,the agency’s plan to implement the proposed services and to ensure a smooth, error free conversion.

During the transition phase, CBMS runs a series of internal quality control checks to ensure a smooth transition for each client. Quality control occursin two phases: (1) internal processes and contractualrequirements and (2) process testing andacceptance.

PhaseOne: Internal Processes and ContractualRequirements CBMS runs a series of test accounts through our system based on each new client’s requirements, prior to the first placement of that client’s accounts. This provides assurance that all systems, from computers to the mailroom, are functioning properly. Quality control checkpoints will include:
• Confirm all electronic data transmission protocols andinterface requirements • Submission and review of media
• Review reporting layouts and schedules
• Review all payment procedures
• CBMS reviews all collection procedures with respect to contractual requirements during Phase One. Any aspect of CBMS’ proposed BusinessPlan that is not in strict compliance is modified. New client quality control checkpoints include thefollowing:
• Reviewand customization of all dunning and administrative notices • Reviewall litigation preparation requirements and procedures • Review all collection procedures and time frames
• Reviewperformance goals
• Reviewand customization of reportsincluding content, frequencies, and formats • Review payment procedures
• Confirmclient-specific training content
• Review quality control program interface
Phase Two: Process Testing andAcceptance
Upon approval of all of the above, CBMS will initiate all programming and procedural changes and commence training updates. Each collector will be required to pass a written exam on any specific requirements andprocedures prior to assignment of accounts.

We believe that the most important aspect of quality control is preparation. A series of three test contacts are run through our system based on your requirements, prior to the first placement of your accounts. This process validates the proper customization and operation of all systems and processes prior to receiving the first placementfile.

C B Merchantservices will be responsible for the conversion cost.

2. Will the agency provide on-site training for the city personnel, if needed? YES, CBMS fully supports on-site training sessions. CBMS typically will send the number of staff that is needed for this training session, depending on the specific needs of the project. CBMS staff prepares all the training materials needed for the training session.
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City of Madera
Account Collection Services
RFP 202122-13

3. Describe in detail how the agency handles problems resolutions, customer service, day-to-day contact and ongoing maintenance of government clients.

On a daily basissample calls and accounts are randomly monitored to ensure a high level of customerservice is provided in additional to strict adherence and compliance with security policies and collection laws. If deficits are discovered in the monitoring, the employee receives immediate counseling and exposure to retraining and will recertify their commitment to comply with C B Merchant Services Policies and Procedures. Our management and staff are acutely aware of the negative impact generated by complaints made by the public. This negative impactreflects upon the entire collection industry as well as its clients. Accordingly, all staff receives special and specific training in the importance of positive consumer-relations in order to prevent complaints from ever being generated. In the rare instance that a complaint is received regarding our collection activity, CBMS will, upon notification of such complaint, immediately suspend all collection activity and present said account to senior management for review. Depending upon the nature of the complaint, senior management will interview the collector involved and the complete history of the collection activity including available call recordings. Following review of all pertinent information, senior management will advise the client of our findings, and affect the appropriate resolution of the complaint.

A log is maintained by our Client Service Department for any complaint received, and its resolution. These logs are monitored regularly by management to ensure no continued pattern of complaints exists. Additionally, copies of all related documents will be forwarded to our clients designated management, as requested. fl
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City of Madera
Account Collection Services
RFP 202122-13
TAB G: Service Enhancements.

Based on the information provided in the RFP and your firm’s knowledge of the public sector, please describe any services or technological enhancements, not previously mentioned,that should be considered for further improving the effectiveness of the City’s collection services.

CBMS’ wide range of programs and capabilities can assist you with separate and distinct programsfor:
• Pre-collections: These programs include friendly reminder notices, billing follow-up calls, insurance follow-up, and diverse customized calling campaigns.
• Rapid Recovery: This Cost- effective collection letter service is designed to help enhance your internal recovery efforts before write-offs or placement with a collection agency. Collect more in house without paying traditional collection agency fees.
• Billing and follow-up (self-pay): This highly customized solution includes billing, payment processing, and courtesy follow-up calls made on behalf of the client by CBMS staff. • Education Seminars: We offer ongoing training and educational opportunities for our clients that will assist them in the day-to-day challenges of account management. In-depth seminars include the following topics:
basic collection techniques, advanced collection techniques, skiptracing, bankruptcies, document security, etc. Customized training programs are available.

If you have the need for, or like to discuss, how we can assist you with additional outsource services, we will be happy to meet with you to review your goals and gain a clear understanding of how we may help you to achieve them with a more cost-effective program to augment your current in-house efforts. fl
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City of Madera
Account Collection Services
RFP 202122-13
TAB H: Disaster Recovery Plan
The agency shall have and maintain a disaster recovery plan to protect the City’s receivables and the confidentiality of the information contained therein. The agency shall propose an off-site storage location and plan for backing up data daily.

CBMS maintains security on all data, including backup systems in the event of system failure due to natural disaster or otherwise.

CBMS has implemented several measures to in- sure the security of our clients' data. All access to the computer system itself is protected by a multiple password scheme. If you are connecting to the system from outside of the physical CBMS facility, a password is required to get to the banner and normal user logon. Therefore, an outsider would not even know what type of system they are trying to access without first knowing this system password. Once access to the system has been granted, the user must then use a user name/password to actually use system resources. This combination is unique to each user, and identifies to the system software what capabilities that particular user is allowed to have. The system is designed so that clients are allowed to access their own accounts only.

Hardware Description
The CB Merchant Services systems server infrastructure is a virtualized environment running on HPE servers with VMWare hypervisors and the virtual servers are based on a Windows Server 2016 Active Directory Domain. The Windows domain provides all authentication, authorization, file and print, name resolution, and Group Policy services.

The mail solution is based on a cloud hosted Microsoft Exchange 2013 environment.

CBMS uses a dual backup methodology. All our direct access storage devices (DASD) are redundant. We maintain a complete backup of the live data both onsite and in a secure Cloud-Hosted environment. The backups of critical systems are performed hourly during business hours. The daily backups are archived for a week, the weekly backups are archived for a month, and the monthly backups are archived for a year. Yearly backups are archived indefinitely.

Our software is supported 7 days a week, 24 hours a day. CBMS warrants that it will be able to resume full activities within 72 hours after a natural disaster disrupts our normal performance.

The Hosted mail environment consists of the following:
• Hosted Exchange 2013 server cluster
Hosted Data Center Detail (Raymar)
The Raymar facility protects our mission-critical operations and maintains the SSAE 16, SOC Certified, SAS &) Type II compliance with the ability to grow when we do.

Power
Custom uninterruptible power solutionstogether with our fortunate geographic position makes Raymar exempt from planned power blackouts and ensures the power will be 365 days and nights per year. fl
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City of Madera
Account Collection Services
RFP 202122-13
Redundancy
Raymar’s network hosting, power and connectivity are all fully redundant. They are BGP-6 routed with multiple fiberlinks from outside providers. They own their own IP space and are not dependent on connectivity providers for IPs.

They have engineered the Data Center and all points-of-failure to be fully redundant and ready for fail-over in case of emergency. Recognizing we run mission critical Internet applications, which must be running 24/7/365, the Raymar Data Center meets or exceeds our customer requirements.

Connectivity
Utilizing proprietary network architecture and advanced routing technologies, Raymar is able to route, or transfer, data to and from our Data and Application Center, where we are directly connected to our upstream providers. This optimal routing of data traffic to and from our server hosted at the Raymar Data Center over the multiplicity of networks that comprise the Internet enables higher transmission speeds, lower instances of data packet loss and greater quality of service for the customer visiting our server or applications! Additional Information
Kohler 250KW generator and 40KVA UPS. Monitored around-the-clock by network Engineers. Fully redundant environment, power and connectivity - Continuous Monitoring 24/7/365 - Backup - daily with offsite rotation - Quality Bandwidth and Reporting, AW Stats - Repair and Replacement - within 4 hours - Exceptional support response within 4 hours of incident - Security Services – software and hardware patches and updates - Add-ons: Control Panel, Firewalls, etc. -Optional: Customized software development on demand - Equipment Rotation Life Cycle every three (3) to five (5) years.

Secure Controls
The data centers are compliant with the Service Organization Control (SOC 1 / SSAE 16 and SOC 2) reporting standards.

Renowned as the predominant credential for data centers, the criteria for SOC auditing are set forth by the American Institute of Certified Public Accountants. The operational controls and activities of the facilities are audited annually to maintain compliance.

Secure Management
The data center’s engineering team proactively monitors and maintains the servers of the data center. This includes ensuring the health and optimization of hardware, overseeing OS updates, and conducting reactionary fixes for any security exploits either published or discovered.

The engineering team is on-call 24/7 for emergency support. • Encryption: Data in transit from local backup devices to the data center is encrypted using AES 256-bit encryption. Certain backup products have an optional local encryption feature that enables customers to encrypt backed-up data on their local devices; this enables them to transmit encrypted data to the data center, which is stored in the data center in an encrypted manner. • Data Access: Data center engineering’s accessto node serversis granted via RSA SSH keys and two-factor authentication. • Physical Access: Physical accessis guarded 24/7 by data center fl
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City of Madera
Account Collection Services
RFP 202122-13
security personnel. Dual biometric and RFID badge scans with activity logging is required to access Man Traps and the data center floor. Any visitors must be pre-registered, signed in by the site security personnel and escorted.

Redundant Data Centers
The data center cluster is composed of many data centers located in different countries. All US customer data is first synchronized to the primary facility in Pennsylvania. A secondary location in Utah serves as means of replication for up to 90 days of data for the primary data center for the backup devices replication for SaaS Protection 2.0 datasets. All primary sites are capable of providing users remote access to protected files and systems in the case of a disaster.

Reliable Infrastructure
The data center’s colocation facility located in the USA provides for various safeguards focused on fault tolerance and security. Some of those safeguards include:
• Power: Utility feed, N+1 generators, and 8 dual-module UPS battery systemssupply the servers. • Networking: Multiple physical entry points and load balancing acrossthree Internet Service Providers(ISP). • Cooling: Industry-grade passive and active HVAC systemsregulate temperature and humidity. • Fire Protection: Waterless FM200 systems use vapor to extinguish fires in 10 seconds while neither conducting electricity nor causing harm to occupants.
• Certifications: One or more of SSAE16/ISAE3402 SOC 1 Type II, SOC 2 Type II, ISO 2700 Raymar Data Center
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SERVICES
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City of Madera
Account Collection Services
RFP 202122-13
TAB I-Credit Card Services
The contractor shall be capable of accepting and processing credit card payments via telephone for Visa and MasterCard as a minimum requirement. The cost for this service must be included in the overall price quoted in the bidder proposal.

Bidder agrees and will comply
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City of Madera
Account Collection Services
RFP 202122-13
TAB J Management Report Requirements:

1. By the 10th of each month,the contractor will provide a report of their paid accountsto the Finance Department.

The monthly reports shall include the information listed below.

The name of the debtor.

The City’s account number.

The original amount owed.

The data submitted
The amount paid within the prior month
Uncollectible accounts, broken out on the report by reason (i.e., bankrupt, incarcerated, deceased, public assistance recipient, etc.).

If there was change in the name, identify the original name submitted by the City A grand total dollar amount submitted, collected and outstanding A grand total percentage collected annually and within the prior month.

Bidder agrees and will comply. CB Merchant Services has the ability to provide unlimited customized reports and will any all relevant data elements you desire. Reports can be delivered in electronic (comma deleted) format or paper reports. Account information can be separated by account type or consolidated.

Tab K – Cost Proposal: The agency shall provide all costs and fees associated with implementing and providing services as specified using Attachment B Fee Schedule
Tab L – Addenda: The agency shall provide acknowledgement of all addenda issued to this RFP. If no Addenda issued, the agency shall submit a statement affirming such.

Tab M - Attachment’s
Attachment “A” is a Vendor Information Form.

Attachment “B” is a Compensation Fee Schedule to indicate in detail the compensation to be made to Contractor required under the contract.

Attachment “C” isthe RFP Reference Form. Thisform must be completed and submittedwith proposal.

Attachment “D” is a draft of a City contract as would normally be used in this procurement. Firms are not required to sign said contract at time of proposal submittal. A contract in final form will be forwarded to the successful contractor, for signature, prior to contract award. As part of the technical proposal, a contractor must review the terms and conditions and provide any exceptions. NOTE: Any exceptions taken to the draft contract must be provided as an attachment to the proposal submittal. fl
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C B MERCHANT SERVICES
217 N SAN JOAQUIN ST
P O BOX 209
STOCKTON, CA 95201
2099449001

DEBTOR STATUS REPORT PREPARED
FOR: City of Madera

THANK YOU FOR YOUR BUSINESS

C B MERCHANT SERVICES
September 19, 2021
15:01:51
PREPARED FOR: City of Madera
CLIENT # 3515
DEBTOR ALPHA LISTING PAGE 1
YOUR ACCOUNT # NAME SPOUSE DOR AMT REF REMARKS
OUR ACCOUNT # FOR/REMARKS OC DLP BALANCE
#546467
279270

TEST, ANA
ANA TEST 00-SA
01-08-21 5770.00 PRIORITY RATING
5770.00
#1234567 TEST, COLLECTOR 02-23-21 10000.00 RQ LEGAL ACTION 282299 COLLECTOR 00-01 02-25-21 9600.00
#555578 TEST JOHNSON TTT 01-01-21 9700.00 ACTIVE ACCOUNT 502031 JOHNSON TEST 00-01 9700.00
#123245 TEST, MITCH 07-14-21 5550.00 LEGAL ACCOUNT
124707 MITCH TEST 00-89 5550.00
#32412 TEST, STEPHANIE 01-01-21 1025.00 PROMISED PMT
651304 STEPHANIE TEST 00-SA 1025.00
#123456 TEST, TOMMY DEBBIE 08-15-21 85.23 ACTIVE ACCOUNT 1 TOMMY TEST 00-02 85.23
#14291 TEST, TOMMY DEBBIE 12-01-21 21073.50 ACTIVE ACCOUNT 4291 DEBBIE TEST 00-01 21073.50
#98715 TEST, TOMMY DEBBIE 09-15-21 4900.00 ACTIVE ACCOUNT 371485 TOMMY TEST 00-01 4900.00
#5678432 TEST, TOMMY DEBBIE 06-30-21 6000.00 PAID IN FULL 882361 ANA 01-01 08-30-21 0.00

SUMMARY INFORMATION AND TOTALS
City of Madera
TOTAL REFERRED 9 $ 64103.73
TOTAL BALANCE $ 57703.73
Amount Paid To
CBMS
Commission Charged
Account Balance On Account
After Payment
Amount Due
Amount Paid To Client Client
Helpful Guide To Your Monthly Trust Invoice
Client Number Date Trust was processed
Your Customer's
Name

XXXX-N-VAR
Debtor Name Payment Date Balance Paid Agency Paid Client Commission Due Client Client Account # Agency Account # Date of Referral
Service For
Smith, Consumer 1/13/2021 0.00 517.00 0.00 98.23 418.77 999999 9/29/2020
Persnl Chk 9999
Totals
Please phone 209-944-9001 or 800-399-2400 if you have any questions We appreciate your business!
C B Merchant Services
217 N. San Joaquin St.

Post Office Box 209
Stockton, CA 95201
209-944-9001 or 800-399-2400
209-944-0795 Fax
www.cbmerchantservices.com
Last Assignment Date For This Client Number
Age of Accounts at Time of Payment
Total Paid Paid Agency Paid Client Commission Due Client $517.00 $517.00 $0.00 $98.23 $418.77
Total Amount Collected $642.50
Collection Fees $98.23
Attached is check #99999 $418.77
Last New Business Listing 12/15/2020
Aging In Months
Under 1 0.00
2 0.00
3 0.00
4 517.00
5 0.00
6 And Over 0.00
Trust Test Client
123 Address St.

Stockton, CA 95202
Trust Invoice #XXXX00000001
Date 02/02/2021
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This snapshot summary report provides you a real time snap shot of the status of all assigned accounts and summarizes month to date, year to date and total results, and includes an overall recovery percentage. This report represents an overall 25.5% recovery percentage.

CLIENT # 3515 City of Madera INTEREST 10S
FORMULA 1 TYPE ACCT 1
RATE 19 ACKNOWLEDGE Y
========================================================================== CONTACT: REGULAR COLLECTIONS
REMARKS: FAX Nov 30, 2021 9:26
=
==========================================================================

TYPE MTD YTD TOT
# OF ACCOUNTS 10 72 3882
DOLLARS LISTED $ 2,944 $ 17,902 $ 788,044
AVERAGE LISTED $ 294 $ 248 $ 203
# PMTS COLLECTED 4 43 1681
DOLLARS COLLECTED $ 445 $ 5,884 $ 201,045
COMMISSIONS $ 84 $ 1,118 $ 38,198
% OF COMMISSIONS NA NA 19.0
AGENCY UNIT YIELD 17.8 27.1 19.0
CLIENT NET UNIT RECOVERY 26.7 54.6 32.0
$ PERFORMANCE % 15.1 32.9 25.5
============================

LAST NEW BUSINESS DATE
===========
050121
=================================
TOTAL DUE AGENCY $ 0
FOLLOW UP DATE 051221 SALESMAN CODE 02
ORIGINAL SET UP DATE 011219
City of Madera
RFP 202122-13 Account Collection Services
TAB K

COST PROPOSAL
Firm shall indicate in detail in the space provided on this form their compensation fee schedule to include the type of structure and collection fees required under the contract.

SCHEDULE A, COLLECTION SERVICES - City of Madera Utility Accounts Accounts that pay before 15-day Letter Services expires: Commission charged 0% After 30 days expires: Day 16 to Day 182 (6 months) Commission charged 22% Day 183 to Day 365 (1 year) Commission charged 22%
Day 366 to Day 730 (2 years) Commission charged 22%
After 2 years expires: If no activity from customer: Cancel Back to City of Madera 0% Any account that comes back on active, current service with City of Madera, and as a condition of service; must pay referred account in full: that amount is cancelled back from credit bureau and ONLY charged 10% commission fee.

In addition: The Vendor must be capable ofsending and receiving updates electronically through a secure and encrypted connection atthe vendor’s expense.

SCHEDULE B, COLLECTION SERVICES – City of Madera Miscellaneous Collection Accounts Accounts that pay before 15-day Letter Services expires: Commission charged 0% After 30 days expires: Day 16 to Day 182 (6 months) Commission charged 22% Day 183 to Day 365 (1 year) Commission charged 22%
Day 366 to Day 730 (2 years) Commission charged 22%
After 2 years expires: If no activity from customer: Cancel Back to City of Madera 0% In addition: The Vendor must be capable ofsending and receiving updates electronically through a secure and encrypted connection atthe vendor’s expense.

Page 20 of 38 ends

Purchasing Division, 205 W 4th Street, Madera, CA 93637 PHONE: (559) 661-5463 • www.madera.gov
ADDENDUM NO. 1
April 19, 2022
RE: Account Collection Services, RFP 202122-13
The foregoing documents are amended and/or clarified in the respects as herein set forth. This addendum and the amendments herein shall become part of said documents and of any contract entered into pursuant to said documents.

Questions and answers through Friday, April 15, 2022:

1. Are bidders permitted to deviate in any way from any manner of quoting fees you may be expecting? For example, if there is a pricing page in the RFP, can bidderssubmit an alternate fee structure? If there is no pricing page in the RFP, do you have any preference for how biddersshould quote fees or can bidders create their own pricing categories?
No.

2. Please describe yourlevel ofsatisfaction with your current orrecent vendor(s) for the same purchasing activity, if applicable.

We were satisfied with our previous vendor.

3. To what extent will the location of the bidder’s proposed location or headquartershave a bearing on any award?
None.

4. How are fees currently being billed by any incumbent(s), by category, and at what rates? Current vendor deducts their fee from remittances.
19% istheirfee.

5. What estimated or actual dollars were paid last year, last month, or last quarter to any incumbent(s)? Last month $0, last quarter $0, and since contract began $12,000.

6. To how many vendors are you seeking to award a contract? One.

Purchasing Division, 205 W 4th Street, Madera, CA 93637 PHONE: (559) 661-5463 • www.madera.gov

7. To what extent are these accounts owed by private consumers versus commercialbusinesses? 90% private and 10% commercial.

8. What collection attempts are performed or will be performed internally prior to placement? We send out delinquent notices.

9. What is the average age of accounts at placement(attime of award and/or on a going-forward basis), by category?
120 days.

10. What billing servicer do youutilize?
DataProse.

11. Have all cases been fully adjudicated by the time of placement? Yes.

12. If applicable, will accounts held by any incumbent(s) or any backlog be moved to any new vendor(s) as a one-time placement at contract start up?
Yes.

13. What is your case management/accounting softwaresystem of record? Tyler MUNIS.

14. Who is your electronic payment/credit card processing vendor? Paymentus.

15. What processshould a vendorfollow, or which individual(s)should a vendor contact, to discuss budgetneutralservices outside of the scope of this procurement, but related to it, designed to recover more debt prior to outside placement and lower collection costs?
Contact Alma Lomeli, Utility Billing Supervisor, and Jennifer Stickman, Procurement Services Manager.

16. How do your current processes and/or vendorrelationship(s) systematically determine if the death of a responsible party has occurred?
We don’t currently have a process.

17. How do your current processes and/or vendor relationship(s) handle the death of a responsible party? We send to collections and let the estate, if any, handle the past due payment.

18. Do you have a designated process or policies around deceased accountstoday, and whatis envisioned in the future?
No, but would like to be able to set up a policy related to deaths of consumer.

Purchasing Division, 205 W 4th Street, Madera, CA 93637 PHONE: (559) 661-5463 • www.madera.gov

19. Do you currently search and file probated estate claims? No.

20. Have you considered an automated toolto identify and file probated estate claims? No.

21. Please confirm if providing legalservicesis a requirementfor contract award? Ifso, please provide the historical number of accounts placed for legal per year.

No.

22. If legal is a requirement would the City consider paying costs? N/A.

23. Please provide the number of accounts that are anticipated to be placed annually for collections by acct type if available.

Pre-pandemic, approximately 20-30 each month.

24. Who is the incumbent?
CB Merchant Services

25. What are the historical liquidation rates ofincumbent

11.20%

26. What is the currentfee rate charged by the incumbent? 19%

27. Is credit reporting required for all accounts placed with the vendor? No.

28. In an average month, how many delinquent accounts does the city anticipate placing with their collection vendor?
Pre-pandemic, 20 to 30 eachmonth.

29. What is the average balance ofthe accounts?
Between $50 to $5,000.

30. Tab E has a three-page limit. Since this is the section where respondents are to explain their collection methodology, would the city consider raising this limit to at leastsix pages? No, however, vendorsmay be asked for additional information after all proposals are received.

Purchasing Division, 205 W 4th Street, Madera, CA 93637 PHONE: (559) 661-5463 • www.madera.gov

32. Scope of Work – pages 7-8 – information provided at the time of placement. As of November 2021, federally mandated Regulation F requires agencies provide specific details regarding the payment/adjustment history. Do your placementfiles currently contain this information and if not, is the City willing to work with the awarded vendorto provide the necessary information? Staffis still gathering information on this question.

38. What is the levelof collection activity on accounts prior to write off to your agency? (ex: number of phone calls? Collectionletters?)
Staffis still gathering information on this question.

31. Are vendors permitted to include exhibits or attachmentsto proposals, outside the page limit? No, however, vendors may be asked for additional information or to prepare a presentation that would include exhibits and other attachments after all proposals are received.

33. Scope of Work – page 8 – back-up documentation. When a consumer asksfor an itemization of the charges, will the City provide this documentation free of charge or will the agencybe responsible forthe cost of copying. If charged, what is the rate?
The City will provide detailed documentation free of charge.

34. Insurance Requirements – page 10 – General Liability. Would the City entertain reducing the per occurrence/aggregate requirements to $1m per occurrence/$2m aggregate? No.

35. Do you have historical volume numbers(number assigned/dollars assigned) forthe portfolios you plan to place?
Yes.

36. Average age of the accounts?
1 to 2 years on some accounts.

37. What doesthe flow of accountslook like going forward? We expect activity to start increasing now that the pandemic relief and discoonectservice moratorium has been lifted.

39. How are you currently assigning your accounts (ex. electronically via secured FTP website; paper)? Paper.

40. Will the awarded vendor have a single point of contact or work withmultiple departments? The vendor will work with a couple of individuals from the Finance department.

41. How long have you been with your current vendor?
Our contract with our current vendor has expired. We are on a month-to-month. Priorto contract expiration, we were on a three-year contract with our vendor.

Purchasing Division, 205 W 4th Street, Madera, CA 93637 PHONE: (559) 661-5463 • www.madera.gov
___________________
ennifer Stickman

42. Doesthe contingency fee that you pay your current agency increase in the event of legal action? It’s a contract legal fee apart from the percentage fee.

43. If you will be cancelling your accounts with your current agency and placing themwith the new agency, what is the dollar amount, average balance, and age of this portfolio? Average dollar amount$400,000.00. Average balance $111,000.00, age of portfolio 1 to 2 yearson some accounts.

44. It would help usto correctly price our response to yourRFP by knowing whatsuccess your current agency has achieved. What is the collection percentage on accounts written off to bad debtin 2021?

11.2%.

45. What collection attempts are performed or will be performed internally prior to placement.

We send collection letters as well as shut off notices.

46. Will the accounts held by any incumbents be assigned to any new vendors as a one- time placement at contract start up?
Yes.

47. Will the accounts assigned with the collection contractor be once a month, weekly, or daily? Some weekly, but not less than once a month.
*******
Issued by:

Jennifer Stickman
Procurement Services Manager
To verify receipt of this Addendum No. 1, please email this sheet to Jennifer Stickman at [email protected] before the proposaldue date.

Name of Firm: CB Merchant Services
Acknowledged by: _Dennis Barbieri
9· c5izc~----- V
City of Madera
RFP 202122-13 Account Collection Services

Page 18 of 38 ends

ATTACHMENT A

VENDOR INFORMATIONFORM
FOR
RFP No. 202122-13 for Account Collection Services
TYPE OF APPLICANT:  NEW  CURRENT VENDOR
Legal Contractual Name of Corporation:

Contact Person for Agreement: Linda Guinn
CB Merchant Services
Corporate Mailing Address:

City, State and Zip Code:

Post Office Box 209
Stockton, Califorina 95201
E-Mail Address: [email protected]
Phone: 209-944-9001 Fax: 209-944-0795
Contact Person for Proposals: DENNIS BARBIERI
Title: Account Executive
Business Telephone: _209-944-9001 Ext. 101
E-Mail Address: [email protected]
Business Fax: 209-944-0795
Is your business: (check one)
 NON-PROFIT CORPORATION  FOR PROFIT CORPORATION
Is your business: (check one)
 CORPORATION  LIMITED LIABILITY PARTNERSHIP
 INDIVIDUAL  SOLE PROPRIETORSHIP
 PARTNERSHIP  UNINCORPORATED ASSOCIATION
City of Madera
RFP 202122-13 Account Collection Services

Page 19 of 38 ends

Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone
Ray McCray
Justin Redman
_Chairman of the Board
_Vice Chairman
209-944-9001
209-944-9001
94 David Vaccareza _Secretary 209-944-9001
Mahala Burns _CFO 209-944-9001
Joe Dietrich _Director 209-944-9001
Linda Guinn Auth. Signer _CEO 209-944-9001 X112
Federal Tax Identification Number: 94-1160895
CA DFPI Collection Agency License-Submitted and Pending City of Madera Business License
Number: 1722 (If none, you must obtain a
City of Madera Business License upon award of contract.) City of Madera Business License Expiration Date:
1722
City of Madera
RFP 202122-13 Account Collection Services

Page 20 of 38 ends

ATTACHMENT B

FEE SCHEDULE
Firm shall indicate in detail in the space provided on this form their compensation fee schedule to include the type of structure and collection fees required under the contract.

In addition: The Vendor must be capable ofsending and receiving updates electronically through a secure and encrypted connection atthe vendor’s expense.

City of Madera
RFP 202122-13 Account Collection Services

Page 22 of 38 ends

ATTACHMENT C

RFP REFERENCE FORM
AGENCY/COMPANY: City of Baldwin Park
CONTACT PERSON: Rose Tam
EMAIL ADDRESS: [email protected]
PHONE NUMBER 626-960-4011
ADDRESS: 14403 E. Pacific Ave 2nd Fl Baldwin Park,Ca. 91706 DATE SERVICES PROVIDED: 2015
SUMMARY OF SERVICES INCLUDED:Utilities,Fines,Permits,Misc,DUI.

AGENCY/COMPANY: City of Galt
CONTACT PERSON: Cathy Duly
EMAIL ADDRESS: [email protected]
PHONE NUMBER: 209-366-7150
ADDRESS: 380 Civic Dr Galt,Ca.95632
DATE SERVICES PROVIDED: 1996
SUMMARY OF SERVICES INCLUDED: Utilities,Commercial,NSF Checks,Misc AGENCY/COMPANY: City of Lodi
CONTACT PERSON: Taara Sumner
EMAIL ADDRESS: [email protected]
PHONE NUMBER: 209-333-6717
ADDRESS: 210 W ELM ST Lodi,Ca. 95242
DATE SERVICES PROVIDED: 1993
SUMMARY OF SERVICES INCLUDED: Utilities,Fines,ed Checks,Misc.

Page 24 of 38 ends

SAMPLE PROFESSIONAL SERVICES AGREEMENT

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MADERA AND This Professional Services Agreement ("Agreement”) is entered into between the CITY OF MADERA, a California general law city (“City”) and NAME ("Service Provider”). This Agreement shall be effective on the date signed by City which shall occur after execution by Service Provider (“Effective Date”).

RECITALS
A. City has sought, by a Request for Proposals, to select a service provider to provide account collection services.

C. City has selected Service Provider to perform the requested Services on the basis of Service Provider's demonstrated competence and professional qualifications.

D. City desires to retain Service Provider, and Service Provider desires to provide City with the Services, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Service Provider agree as follows:

AGREEMENT

1. Scope of Services. Service Provider shall perform, to the satisfaction of City in accordance with this Agreement, the Services described in the “Scope of Services” attached hereto as Exhibit A and incorporated by herein by this reference. [or detail the services in this section rather than in exhibit]. Service Provider shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein.

1. 2.Commencement of Services; Term of Agreement. Service Provider shall begin work after receipt of the Notice to Proceed. Service Provider shall there upon work diligently, through , 2024 and continuously provide all the required services and activities described herein. The term of the contract shall be for a two-year firm fixed price contract. CITY and SERVICE PROVIDER may, upon mutual agreement of both parties, extend this Agreement for up to three (3) additional one-year terms.

City of Madera
RFP 202122-13 Account Collection Services

Page 25 of 38 ends

(a) Continuity of Personnel. Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider's staff and subcontractors assigned to perform the Services under this Agreement. Service Provider shall notify City of any changes in Service Provider's staff and subcontractors assigned to perform the Services under this Agreement.
(b) Additional Services. Service Provider shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreement or listed in Exhibit A unless such additional services are authorized in advance and in writing by the City Manager of City. Service Provider shall be compensated for any such additional services in the amounts and in the manner agreed to by the City and Service Provider.

3. Compensation for Services. City shall compensate Service Provider for rendering the Services as follows:
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider by the amounts specified in the Schedule of Compensation attached hereto as Exhibit B and incorporated herein by this reference. [And if applicable add: “Both parties agree that Service Provider’s total compensation under this Agreement shall not exceed $ .]
(b) Each month Service Provider shall invoice City for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by subcategory), travel, materials, equipment, supplies, and subconsultant contracts. (c) City shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. The invoiced amount shall be paid within 30 calendar days unless City disputes any charges or expenses. If any charges or expenses are disputed, City shall pay the undisputed amount, and notify Service Provider of the nature and amount of the disputed charge or expense. The parties shall seek to resolve the disputed items(s) by mutual agreement.
(d) Payment to Service Provider for work performed under this Agreement shall not be deemed to waive any defects in work performed by Service Provider.

4. Independent Contractor Status. Service Provider and its subcontractors shall perform the Services as independent contractors and not as officers, employees, agents, or volunteers of City.

Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Service Provider’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Service Provider’s City of Madera
RFP 202122-13 Account Collection Services

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employees or subcontractors, any claim or right of action against City. Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Service Provider or its agents or employees perform the services under this Agreement.

6. Identity of Subcontractors and Sub-Consultants. Service Provider shall before commencing any work under this Agreement provide to City in writing: (a) the identity of all subcontractors and sub-consultants (collectively referred to as "subcontractors"), if any, which Service Provider intends to utilize in Service Provider's performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Service Provider shall only employ subcontractors pre-approved by City and in no event shall Service Provider replace an approved subcontractor without the advance written permission of City, with the understanding that City’s permission will not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Service Provider shall be liable to City for the performance of Service Provider's subcontractors.

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keep similar records. City shall be given reasonable access to the records of Service Provider and its subcontractors for inspection and audit purposes. Service Provider shall provide City with a working draft of all reports and a copy of all final reports prepared by Service Provider under this Agreement.

During the performance of the Services, Service Provider shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission. City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a City of Madera
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conflict of interest for purposes of this section. City understands and acknowledges that Service Provider will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement, and any such future service shall not be considered a conflict of interest for purposes of this section.

15. City Right to Employ Other Service Provider s. This Agreement is non-exclusive with Service Provider. City reserves the right to employ other Service Providers in connection with the Services.

16. Termination of Agreement. This Agreement shall terminate upon completion of the Services, or earlier pursuant to the following.
a. For Convenience of City. This Agreement may be terminated by City at its discretion upon thirty (30) days prior written notice to Service Provider. b. For Breach of Either Party. If for any cause either party fails to fulfill in a timely and proper manner its obligations under this Agreement (the “breaching party”), the other party (the “terminating party”) shall have the right to terminate the Agreement by giving not less than five (5) working days’ written notice to the breaching party of the intent to terminate and specifying the effective date thereof. The terminating party shall, however, provide the breaching party with a detailed statement of the grounds for termination. This statement shall include, as appropriate, references to specific provisions of this Agreement, dates, dollar amounts and other information relevant to the decision to terminate for cause. c. Compensation to Service Provider Upon Termination. In the event termination is not due to fault attributable to Service Provider and provided all other conditions for payment have been met, Service Provider shall be paid compensation for services performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Service Provider 's compensation has not become due, Service Provider shall be paid the reasonable value of its services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified in Section 3 herein. In the event of termination due to Service Provider’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure.
d. Effect of Termination. Upon receipt of a termination notice (or completion of this Agreement), Service Provider shall: (i) promptly discontinue all Services affected (unless the notice directs otherwise); and (ii) deliver or otherwise make available to the City, without additional City of Madera
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compensation, all data, documents, procedures, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Service Provider in performing this Agreement, whether completed or in process. Following the termination of this Agreement for any reason whatsoever, City shall have the right to utilize such information and other documents, or any other works of authorship fixed in any tangible medium of expression, including but not limited to physical drawings, data magnetically or otherwise recorded on computer disks, or other writings prepared or caused to be prepared under this Agreement by Service Provider. Service Provider may not refuse to provide such writings or materials for any reason whatsoever.

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

19. Compliance with All Laws. Service Provider shall be familiar with and shall comply with all City, State, and Federal laws and regulations applicable to the work to be performed under this Agreement. In providing the services required under this Agreement, Service Provider shall at all times comply with all applicable laws, regulations, and resolutions of the United States, the State of California, and the City of Madera now in force and as they may be enacted, issued, or amended during the term of this Agreement.
[following text added for federal funded agreements: Where the services provided pursuant to the Agreement are funded by a federal program, including but not limited to, Community Block Grant Funds, Service Provider certifies and agrees that Service Provider will be in:
• Compliance with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity” as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or sub grantees.) City of Madera
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• Compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). (All contracts and sub grants or construction or repair).
• Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 awarded by grantees and sub grantees required by Federal grant program legislation.) • Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 and in excess of $2500 for other contracts which involve the employment of mechanics or laborers.) • (e) Compliance with the provisions of any notice of awarding agency requirements and regulations pertaining to reporting.
• Compliance with the provisions of any notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. • Compliance with any awarding agency requirements and regulations pertaining to copyrights and rights in data.
• Compliance with access requirements imposed by the grantee, the sub grantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
• Compliance with applicable requirements for the retention of all required records for three years after grantees or sub grantees make final payments and all other pending matters are closed.
• Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations $100,000.) • Compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L 97-163, 89 Stat. 871.) [53 FR 8068.8067. Mar. 11, 1988, as amended at 60 FR 19639, 19642, Apr. 19, 1995]]
City of Madera
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To City: (ADD NAME)
City of Madera
205 W. Fourth
Madera, CA 93637
Email:

To Service Provider: NAME

ADDRESS
Email:

Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

This Agreement may be amended only by written instrument signed by both City and Service Provider.

23. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

24. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

City of Madera
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28. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

29. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

31. Non-Discrimination. Service Provider shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Service Provider employees or applicants for employment. Service Provider shall ensure that any subcontractors are bound to this provision. A protected class includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.
[SIGNATURES ON FOLLOWING PAGE]
City of Madera
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IN WITNESS WHEREOF, the City and Service Provider have executed this Agreement on the date(s) set forth below.

SERVICE PROVIDER NAME CITY OF MADERA
By: By:
(ADD NAME & POSITION) Santos Garcia, Mayor
Date: Date:

APPROVE AS TO FORM:

Hilda Cantú Montoy, City Attorney
ATTEST:

Alicia Gonzales, City Clerk
City of Madera
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EXHIBIT A

SCOPEOF SERVICES
City of Madera
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EXHIBIT B

SCHEDULEOF COMPENSATION
City of Madera
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EXHIBIT C

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

Service Provider shall maintain professional liability insurance that insures against professional errors and omission that may be made in performing the Services to be rendered in connection with this Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and Service Provider agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement. The cost of such insurance shall be included in Service Provider’s bid.

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

Proof of Insurance
Service Provider 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 City of Madera
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subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance.

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

Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.

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

Enforcement of Contract Provisions (non estoppel)
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 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 Service Provider.

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.

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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
Service Provider 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.

City of Madera
RFP 202122-13 Account Collection Services
ATTACHMENT 4
TAB K

COST PROPOSAL
Firm shall indicate in detail in the space provided on this form their compensation fee schedule to include the type of structure and collection fees required under the contract.

In addition: The Vendor must be capable ofsending and receiving updates electronically through a secure and encrypted connection atthe vendor’s expense.

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REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: July 20, 2022
Agenda Number: ___________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Agreement for design services for Olive Park
RECOMMENDATION:

Adopt a Resolution awarding a contract under Request for Qualifications (RFQ) No. 202122-15 to O’Dell Engineering for design services of Olive Park and approving a Consultant Services Agreement in the amount of $238,013
SUMMARY:

On May 9, 2022, the City received three statements in response to the RFQ for the request of design services for Olive Park, Sunset Park, and India Park. Although the request for design services included these three parks, it is staff’s recommendation to only move forward with the design services for Olive Park, to advance with the terms and conditions of the grant. It is staff’s recommendation to pursue design services of Sunset Park and India Park at a later date.

Funding for the design services of Olive Park comes from the Proposition 68, State of California – The Natural Resources Agency, Department of Parks and Recreation, Statewide Park Development and Community Revitalization Program of 2018 Round 4 funding. The City submitted a grant application in 2021 and was ultimately awarded a total of $1,990,000 for the completion of the project.

DISCUSSION:

The City pursued and was awarded Statewide Park Development and Community Revitalization funds by the Department of Parks and Recreation for the development of Olive Park, a new park in a critically underserved community. Olive Park will be a neighborhood park of approximately ½ acre located at the southwest intersection of Olive Avenue and Knox Street. The City acquired B-5
the property as part of the Olive Avenue widening project. The site was previously developed with a home which the City has since demolished.

As part of the grant submission, the environmental reviews, a preliminary design concept with community input, and cost estimate were completed. The grant performance period is from July 1, 2020 through June 30, 2025. Park completion must be at least three months before the end of the grant performance period.

Staff prepared RFP No. 202122-15 for the design services of Olive Park, deciding to pursue requests for qualifications for design services of Sunset Park and India Park, seeing the benefit of pursuing a cost estimate for park design services of these two undeveloped lots as well. At this time, it is staff’s recommendation to only move forward with the design services of Olive Park.

Statements were received from three firms: (1) O’Dell Engineering, (2) Interwest Consulting Group, and (3) Blair, Church, & Flynn. The three statements received were evaluated by a committee of staff from PCS, Administration, and Engineering Departments. Each review committee member ranked the proposals individually based on the following criterion:
transmittal letter, work plan, staffing plan, references, and timeline for completion. The committee’s final ranking is shown in Table 1.

Table 1: Committee Ranking of firms
Rank Consultant Olive Park
1 O’Dell Engineering $238,013
2 Interwest Consulting Group $439,000
3 Blair, Church, & Flynn $236,300
The qualification statement submitted by O’Dell Engineering for Olive Park showed an impressive project understanding. The firm provided a detailed description of the staffing plan and work plan. The work plan included desired support through conceptual design phase, design development, and a plan to assist through the bidding and construction phase for Olive Park.

O’Dell Engineering also submitted the quickest timeline for completion, meeting the grant performance period and grand opening of the park requirements. Ultimately, one of the most notable aspects of the proposal is that as part of their references, O’Dell Engineering showed an impressive Proposition 68 grant familiarity and experience, having been heavily involved since early 2019 and completing projects specifically funded by Proposition 68 and Proposition 84, which is the founding legacy program for Statewide Park Program competitive grants.

O’Dell Engineering is an experienced design firm dedicated to supporting public and private improvement projects in California since 1994. The team includes over 80 professionals with offices in Modesto, Pleasanton, Fresno, and Merced. Current staffing includes Registered Civil Engineers, Professional Land Surveyors, and Professional Landscape Architects. O’Dell Engineering is a California Certified Small Business.

To further note, O’Dell Engineering has received awards and accolades including being named a Professional Services Management Journal Circle of Excellence Firm in 2021, 2019, and 2018 and a Best Places to Work: Central Valley by Best Companies Group in 2022, 2020, 2019, and 2018.

In addition, O’Dell design projects have received awards from the American Society of Landscape Architects, the California Park & Recreation Society, the American Institute of Architects, the California Association of Recreation and Park Districts, and the California Special Districts Association.

The City has worked with O’Dell Engineering under previous agreements, including the Centennial Park/Knox Park/ Park ADA Improvement Projects.

FINANCIAL IMPACT:

Adequate funds were estimated for pre-construction costs of Olive Park. The total project cost was determined at $1,990,000. A total of $267,000 was estimated for the pre-construction phase that includes planning, design, construction documents, and permits necessary before construction can begin. Thus, the bid is within the estimate included in the grant. Preconstruction costs cannot exceed 25 percent of the total grant amount.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Strategy 404 – Community Wellness: Promote increased community wellness.

Strategy 411: Recreational Opportunities: Enhance and expand recreational activities available to Maderans.

Strategy 414: Recreational Opportunities: Ensure recreational availability by providing a park in close proximity to every neighborhood.

ALTERNATIVES:

Council may elect to reject all statementsreceived and request staff publish a new RFQ. However, failure to proceed with Olive Park in a timely manner could result in failure to meet grant expectations and performance period objectives.

ATTACHMENTS:

1. Resolution awarding RFQ No. 202122-15 to O’Dell Engineering for design services of Olive Park
a. Exhibit A: Scope of Service
b. Exhibit B: Schedule of Compensation
c. Exhibit C: Insurance
ATTACHMENT 1
Resolution
RESOLUTION NO.22-

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

CALIFORNIA APPROVING THE CONSULTANT SERVICES AGREEMENT WITH O’DELL ENGINEERING FOR DESIGN SERVICES OF OLIVE PARK IN THE AMOUNT OF $238,013
WHEREAS, on April 8, 2022, the City of Madera (City) Purchasing Division advertised Request for Qualifications No. 202122-15 for design services for Olive Park, Sunset Park, and India Park;and
WHEREAS, three statements of qualifications were received on May 9, 2022, and opened by the Procurement Services Manager; and
WHEREAS, O’Dell Engineering was the most responsive and responsible proposer; and WHEREAS, staff recommends moving forward with design services of Olive Park; and WHEREAS, funding for the development of Olive Park is made possible by the State of California – The Natural Resources Agency, Department of Parks and Recreation, Statewide Park Development and Community Revitalization Program of 2018 grant funding which awarded the City of Madera with $1,990,000 for the completion of the project.

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

1. The above recitals are true and correct.

2. The agreement for the design services of Olive Park in the amount of $238,013 with O’Dell Engineering, a copy of which is attached hereto as Exhibit 1 and referred to for particulars, is approved.

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

CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF MADERA AND O'DELL ENGINEERING, INC.

This Consultant Services Agreement ("Agreement") is entered into between the CITY OF MADERA, a California general law city ("City") and O'Dell Engineering ("Consultant"). This Agreement shall be effective on the date signed by City which shall occur after execution by Consultant ("Effective Date").

RECITALS
A. City has sought, by a Request for Qualifications, to select a consultant to provide design services for Olive Park.

B. Consultant submitted a statement of interest and qualifications for performing the requested Services and is engaged in the business of furnishing such services as a consultant and hereby warrants and represents that it is qualified, licensed, and professionally capable of performing the Services called for in the Request for Proposals and this Agreement.

C. City has selected Consultant to perform the requested Services based on Consultant's demonstrated competence and professional qualifications.

D. City desires to retain Consultant, and Consultant desires to provide City with the Services, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

AGREEMENT

1. Scope of Services. Consultant shall perform, to the satisfaction of City in accordance with this Agreement, the Services described in the "Scope of Services" attached hereto as Exhibit A and incorporated by herein by this reference. Consultant shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein.

2. Commencement of Services: Term of Agreement. Consultant shall commence the Services upon City's issuance of a written "Notice to Proceed" and shall continue with the Services until Consultant, as determined by City, has satisfactorily performed, and completed the Services, or until such time as the Agreement is terminated by either party in accordance with this Agreement, whichever is earlier.
(a) Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors assigned to perform the Services under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors assigned to perform the Services under this Agreement.
(b) Additional Services. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreement or listed in Exhibit A unless such additional services are authorized in advance and in writing by the City Manager of City or designee. Consultant shall be compensated for any such additional services in the amounts and in the manner agreed to by the City and Consultant.

3. Compensation for Services. City shall compensate Consultant for rendering the Services as follows:

4. (a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant by the amounts specified in the Schedule of Compensation attached hereto as Exhibit B and incorporated herein by this reference. Both parties agree that Consultant's total compensation under this Agreement shall not exceed $238,013. (b) Each month Consultant shall invoice City for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by subcategory), travel, materials, equipment, supplies, and subconsultant contracts. (c) City shall independently review each invoice submitted by the Consultant to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. The invoiced amount shall be paid within 30 calendar days unless City disputes any charges or expenses. If any charges or expenses are disputed, City shall pay the undisputed amount, and notify Consultant of the nature and amount of the disputed charge or expense. The parties shall seek to resolve the disputed items(s) by mutual agreement.
(d) Payment to Consultant for work performed under this Agreement shall not be deemed to waive any defects in work performed by Consultant.

Independent Contractor Status. Consultant and its subcontractors shall perform the Services as independent contractors and not as officers, employees, agents, or volunteers of City.

Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant's employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant's employees or subcontractors, any claim or right of action against City. Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Consultant or its agents or employees perform the services under this Agreement.

5. Qualifications, and Professional Standards. Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement. Consultant represents that to the extent Consultant utilizes subcontractors, such subcontractors are, and will be, qualified in their fields. Consultant also expressly represents that both Consultant and its subcontractors, if any, are now, and will be throughout their performance of the Services under this Agreement, properly licensed or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement. Consultant and its subcontractors, if any, shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with and keep themselves informed of all applicable laws and regulations.

6. Identity of Subcontractors and Sub-Consultants. Consultant shall before commencing any work under this Agreement provide to City in writing: (a) the identity of all subcontractors and sub-consultants (collectively referred to as "subcontractors"), if any, which Consultant intends to utilize in Consultant's performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Consultant shall only employ subcontractors pre-approved by City and in no event shall Consultant replace an approved subcontractor without the advance written permission of City, with the understanding that City's permission will not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Consultant shall be liable to City for the performance of Consultant's subcontractors.

7. Subcontractor Provisions. Consultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions, and other work product prepared and performed by subcontractors for Consultant; and (c) compliance with all laws and certifications as required under this Agreement.

8. Power to Act on Behalf of City. Consultant shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.

9. Record Keeping: Reports. Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft of all reports and a copy of all final reports prepared by Consultant under this Agreement.

10. Ownership and Inspection of Documents. All data, tests, reports, documents, conclusions, opinions, recommendations, and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs {"Work Product"), shall following payment in - full become and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit. Upon City's request, Consultant shall make available for inspection and copying all such Work Product and all Work Product shall be turned over to City promptly at City's request or upon termination of this Agreement, whichever occurs first.

Consultant shall not release any Work Product to third parties without prior written approval of the City Manager. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.

11. Confidentiality. All data, reports, conclusions, opinions, recommendations, and other work product prepared and performed by and on behalf of Consultant in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees, affiliates, and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement.

Consultant shall also require its subcontractors to be bound to these confidentiality provisions.

12. City Name and Logo. Consultant shall not use City's name or insignia, photographs relating to the City projects for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

13. Conflicts of Interest. Consultant warrants that neither Consultant nor any of its employees have an interest, present or contemplated, which would conflict in any manner with the interests of the City, or which would in any way hinder Consultant's performance of services under this Agreement. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties.

Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.

City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement, and any such future service shall not be considered a conflict of interest for purposes of this section.

14. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.

15. City Right to Employ Other Consultants. This Agreement is non-exclusive with Consultant.

City reserves the right to employ other consultants in connection with the Services.

However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified in Section 3 herein. In the event of termination due to Consultant's failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure. d. Effect of Termination. Upon receipt of a termination notice {or completion of this Agreement), Consultant shall: {i) promptly discontinue all Services affected {unless the notice directs otherwise); and {ii) deliver or otherwise make available to the City, without additional compensation, all data, documents, procedures, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Consultant in performing this Agreement, whether completed or in process. Following the termination of this Agreement for any reason whatsoever, City shall have the right to utilize such information and other documents, or any other works of authorship fixed in any tangible medium of expression, including but not limited to physical drawings, data magnetically or otherwise recorded on computer disks, or other writings prepared or caused to be prepared under this Agreement by Consultant. Consultant may not refuse to provide such writings or materials for any reason whatsoever.

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

18. Indemnity.

Indemnity for Professional Liability:

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

Indemnity for Other Than Professional Liability:

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

19. Compliance with All Laws. Consultant shall be familiar with and shall comply with all City, State, and Federal laws and regulations applicable to the work to be performed under this Agreement. In providing the services required under this Agreement, Consultant shall at all times comply with all applicable laws, regulations, and resolutions of the United States, the State of California, and the City of Madera now in force and as they may be enacted, issued, or amended during the term of this Agreement.

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

To City:

To Consultant:

Arnoldo Rodriquez
City of Madera
205 W. Fourth
Madera, CA 93637
Email: [email protected]
Chad Kennedy
O'Dell Engineering
1165 Scenic Drive, Suite A
Modesto, CA 95350
Email: [email protected]
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

22. Entire Agreement. This Agreement, including the attachments and exhibits, represents the entire Agreement between City and Consultant, and supersedes all prior negotiations, representations, or agreements, either written or oral with respect to the subject matter herein.

This Agreement may be amended only by written instrument signed by both City and Consultant.

23. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

24. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

26. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Consultant in the County of Madera, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.

29. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

31. Non-Discrimination. Consultant shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the City and Consultant have executed this Agreement on the date(s) set forth below.

CONSULTANT NAME CITY OF MADERA
By: w/L
Chad Kennedy, Principal ?a;°idscape Architect
By: ____________ _
Santos Garcia, Mayor
Date: 07/12/2022 Date: ________ _
APPROVE AS TO FORM:

Hilda Cantu Montoy, City Attorney
ATTEST:

Alicia Gonzales, City Clerk

EXHIBIT A

SCOPE OF SERVICES

BACKGROUND
The City of Madera was recently awarded Statewide Park Development and Community Revitalization funds by the Department of Parks and Recreation for the development of a new park, a total of $1,990,000. The park, Olive Park, will be a neighborhood park of approximately 1 acre located at 1280 E. Olive Avenue in Madera. As part of the grant submission, the environmental reviews, a preliminary design concept, and cost estimate are complete. Preliminary concept drawing in Attachment A. The City is requesting design services for construction of this facility that will meet the following goals:
• ADA drinking fountain with pet station.
• Half basketball court.
• Benches.
• Picnic area with four tables (two of them ADA accessible) and shade structure. • Swing set area.
• Playground area.
• Pet waste dispenser.
• Table tennis area.
• Bike rack areas.
• Perimeter safety fence.
• Block wall.
• Landscaping.

This project is made possible through the State of California - The Natural Resources Agency, Department of Parks and Recreation, Statewide Park Development and Community Revitalization Program of 2018 grant funding which awarded the City of Madera with $1,990,000 for the completion of the project. The anticipated design budget for this project is $267,000. Total estimated budget for cost of construction, recreation features, and major support amenities is $1,723,000.

SCOPE OF SERVICES
Consultant will provide professional engineering services sufficient to allow the City to advertise and award a contract for construction. Specific tasks are anticipated to include, but not necessarily be limited to the following:
• Consultant shall develop two (2) conceptual 3-D designs • Survey and document the existing site and condition and prepare a Preliminary Site Assessment report
• Work collaboratively with City staff to finalize design concept and features to be included in the project.
• Design services shall include all aspects of site design including but not limited to:
o Erosion and sediment control
o Stormwater management
o Utility coordination
o Lighting
o Grading elevations
o Landscape design
• Materials used for structures and park elements will be chosen by the City prior to final design.
• Produce "bid ready" engineering drawings and specifications, incorporating industry best practices and standards to maximize user safety and durability of the park. • Produce Engineer's Estimates of probable construction costs through a detailed construction budget utilizing the National Cooperative Purchasing Alliance contract pricing, where applicable.

Consultant will also assist in the construction phase of the Olive Park Project and:
• Attend the pre-bid meeting and respond to contractor requests for clarification during the bid process.
• Record and distribute among potential bidders answers and clarifications given to individual contractors, and prepare formal construction documentation addenda, if necessary.
• Prepare any required addenda pre-bid and pre-construction meeting agenda, if requested at no additional charge.
• Attend pre-construction meeting.
• If requested, consultant will participate in the pre-construction kick-off meeting and clarify questions related to project specifications.
• Upon requests, consultant needs to be prepared to answer questions posted during construction by the contractor or by the City, not addressed during pre-construction meeting.
• Based on the consultant's experience with the similar projects, provide estimate and state in your submittal the time necessary for the consultant to spend on design support during construction.
• Perform construction administration services by attending regularly scheduled site visits, observing construction, and responding to requests for information from the contractor according to the firm's construction documents.
• Perform on-site inspections during project final and other critical phases of construction (if recommended).

Note: The Scope of Services may not include all services required to complete the project. The consultant shall be responsible for determining the extent of information needed to reach an appropriate project completion.

Task
Task 1
Task2
Task3
Task4
Tasks

EXHIBIT B

SCHEDULE OF COMPENSATION
Description
Project Kick-Off /Site Analysis/Data Collection and Review Final Conceptual Design
Design Development/Construction Documents to 50%
Completion
Construction Documents (90% to 100% PS&E)
Bidding and Construction Support
Task 1-5 Total
Cost
$46,866
$36,248
$39,207
$77,626
$38,066
$238,013
A. Insurance Requirements

EXHIBITC

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

Consultant shall maintain professional liability insurance that insures against professional errors and omission that may be made in performing the Services to be rendered in connection with this Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement. The cost of such insurance shall be included in Consultant's bid.

Maintenance of Coverage
Consultant shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.

Proof of Insurance
Consultant shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance.

Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best's Key Rating Guide.

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

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

Specifications not Limiting
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Consultant maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Consultant.

Notice of Cancellation
Consultant agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage.

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

Additional Insurance
Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.

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

Edward Byrne Memorial Justice Assistance Grant (JAG) Program 2022/23 Grant RECOMMENDATION:

Adopt a Resolution authorizing submission of an application to the Edward Byrne Memorial Justice Assistance Grant program for Fiscal Year 2022/23 SUMMARY:

The goal of the subject grant application is to utilize the City’s allocation of JAG funds to purchase additional body cameras and support to enhance the City’s surveillance system. These technological improvements will provide the Police Department with modern and reliable equipment, increasing officer safety and community confidence.

DISCUSSION:

The U.S. Department of Justice makes awards of Edward Byrne Memorial Justice Assistance Grant (JAG) funds to state and local governments on a formula basis. JAG funds support all components of the criminal justice system, from multijurisdictional drug and gang task forces to crime prevention and domestic violence programs. As determined by the JAG formula, the City is eligible to receive $26,660 from the JAG program’s FY 2022 allocation.

Staff has evaluated the needs of the Madera Police Department and believes our community should dedicate these funds towards purchasing body cameras and providing financial support to the City’s surveillance system. The use of JAG funds for this purpose provides benefits to the City and community such as: increase safety during police/community resident encounters, improve transparency, reduce police investigation time when an officer complaint is filed, and reduce overall liability.

Council Meeting of: July 20, 2022
Agenda Number: ________ B-6
FINANCIAL IMPACT:

Submission of a JAG application will provide the City with $26,660 in Federal grant funding to support local law enforcement. As a result, it will not adversely affect the General Fund and may benefit it by defraying costs within the Police Department CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Receipt of JAG funding directly supports the following Vision Plan strategies:
 Strategy 115- Economic resources provision: ensure sufficient economic resources to provide adequate City services and prepare for future growth.  Strategy 115.3- Seek and retain grants.
 Strategy 421- First Response Emergency Services: Ensure the safety and protection of Madera and its community members through adequate first response to emergencies.

Maintain sufficient resources to expand protection as the community grows.

ALTERNATIVES:

Council may decline the grant application or may request additional information.

ATTACHMENTS:

1. Resolution to authorize application for JAG 2022 Local Solicitation RESOLUTION NO._________

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

CALIFORNIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR

AWARD TO THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT

PROGRAM
WHEREAS, the City of Madera Police Department is responsible for the safety of the citizens of the community; and
WHEREAS, the Madera Police Department spends considerable resources in its efforts to provide frontline law enforcement services to the community; and WHEREAS, the Council of the City of Madera supports the efforts of the police department to secure resources by the most efficient means possible; and WHEREAS, the Congress of the United States has allocated $26,660 through the Edward Byrne Memorial Justice Assistance Grant (JAG) program to the City of Madera to be used for front line law enforcement services; and
NOW THEREFORE, THE COUNCIL OF THE CITY OF MADERA does hereby find, resolve, and order:

1. The above recitals are true and correct.

2. The City Manager or designee is hereby authorized to submit an application and execute all required documents.

3. This resolution shall be effective immediately upon adoption. *********************************

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: July 20, 2022
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
SUBJECT:

Letter of appreciation for Senator Anna Caballero
RECOMMENDATION:

Letter of appreciation to Senator Anna Caballero for her support for the Avenue 13 Sewer Rehabilitation Project
SUMMARY/DISCUSSION:

Senator Anna Caballero’s office recently announced that millions of dollars were secured in this year’s budget to help support key projects statewide and in her district. Of the funding announced, $5 Million was awarded to the City of Madera for the Avenue 13 (Pecan Avenue) Sewer Trunk Main Rehabilitation. This funding will allow the City to fulfill Phase 1 of this project which encompasses construction along 1.5 miles of pipeline that showed extensive corrosion and the highest potential for failure. In doing so, the City can restore this vital piece of infrastructure without delay, avoiding a possible emergency shutdown necessary services, and avoid the need for temporary and costly solutions.

In response to her support and advocacy, Staff recommends Council approve a letter to be signed on behalf of the City to express its appreciation for considering Madera as a highpriority grant recipient for this project.

FINANCIAL IMPACT:

There is no direct fiscal impact associated with authorizing the signing of the attached Letter of Appreciation
ALTERNATIVES:

The Council may elect not to authorize the signing of this letter.

ATTACHMENT:

1. Letter of Appreciation to Senator Anna Caballero
B-7
July 20, 2022
The Honorable Anna Caballero
California State Senate
State Capitol, Suite 7620
Sacramento, CA 95814
Dear Senator Caballero,
On behalf of the City of Madera, we would like to thank you and your team for securing $5 million in this year’s state budget to support our Pecan Avenue Sewer Trunk Main Rehabilitation Project.

As you know, following a sewer condition assessment in 2020, the City discovered extensive corrosion along the Avenue 13/Pecan Avenue pipeline. It became apparent that rehabilitation of the pipeline was of the highest urgency, just short of being declared a local emergency. Because of your support, the City will be able to fulfill the first phase of this project which will address almost 1.5 of pipeline that has the greatest risk of failure. This allows the City to move forward with permanent solutions and prevent any temporary shut down of services to residents and businesses in the area or closure to the areas due to a pipeline disaster.

We are appreciative of your advocacy and commitment to ensuring Madera has the critical resources necessary to secure the reliable and robust wastewater infrastructure necessary for our community to safely grow and thrive.

Sincerely,
Madera City Hall, 205 W 4th Street, Madera, CA 93637
PHONE: (559) 661-5400 • www.madera.gov
Madera City Hall, 205 W 4th Street, Madera, CA 93637
PHONE: (559) 661-5400 • www.madera.gov
Santos Garcia, Mayor Anita Evans, Mayor Pro Tem
Cecelia Gallegos, Councilmember Jose Rodriguez, Councilmember Steve Montes, Councilmember Elsa Mejia, Councilmember
Artemio Villegas, Councilmember

REPORT TO CITY COUNCIL
Late Distribution Notice
DATE: July 15, 2022
TO: Honorable Mayor and Councilmembers
FROM: Kingsley Okereke, Finance Director
SUBJECT: July 20, 2022 City Council Meeting
Late Distribution Report for Item C-1
Additional time is needed to complete, review, and finalize the report for Item C-1: Public Hearing Relating to Potential Increases in Water, Sewer, Storm Drainage and Solid Waste Rates, the report will be distributed as soon as it is available. Thank you for your understanding.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: July 20, 2022
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
SUBJECT:

Public Hearing Relating to Potential Increases in Water, Sewer, Storm Drainage and Solid Waste Rates RECOMMENDATION:

Staff recommends that the Council take the following actions:

1. Conduct Public Hearing to receive written protests and ballots as well as public testimony regarding proposed increases in proposed water, sewer, storm drainage and solid waste rates.

2. Close the Public Hearing.

3. Direct staff to conduct public tally of all valid written protests and report as to whether a majority protest of proposed water, sewer and solid waste exists. (The Council may recess this item while the tally occurs and address other agenda items.)

4. Water, Sewer and Solid Waste: If a majority protest does not exist relative to water, sewer, and/or solid waste rates, adopt the following resolution(s)
a. Resolution of the City Council of the City of Madera, California, Establishing Monthly Rates to be Charged for Water Furnished by the City for a five-year period and Repealing Resolution 15-156 and all Other Resolutions in Conflict Herewith
b. Resolution of the City Council of the City of Madera, California, Establishing Monthly Rates to be Charged for Sewer Furnished by the City and Repealing Resolution 15-157 and All Other Resolutions in Conflict Herewith
c. Resolution of the City Council of the City of Madera, California, Establishing Monthly Rates to be Charged for Solid Waste Services Furnished by the City and Repealing Resolution 13-76 and All Other Resolutions in Conflict herewith Direct staff to tally the storm drainage ballots and report the results.

C-1

5. Storm Drainage: If a majority of the votes approve the adjustment to storm drainage rates, adopt the Resolution Establishing Monthly Rates to be Charged for Storm Drainage Services furnished by the City and Repealing Resolution 92-120 and All Other Resolutions in Conflict Herewith SUMMARY:

The City issued a Request for Proposal (RFP) in August 2020 for a study of the utility rates for water, sewer, storm drainage, and solid waste services.

The City completed its last rate study for water and sewer utility rates in 2015, with the resulting water and sewer rates taking effect in July 2015 with incremental increases through January 2020. In December 2018, the Council considered a revision to the water conservation portion of the water rates and reduced the planned increase from 10 percent to 6 percent for the fiscal year 2018/19. The storm drainage rates have not been adjusted since 1992. The solid waste services are contracted to a third party, and the fee schedule was updated for additional organic services in March 2017.

On April 6, 2022, Council adopted Resolution No. 22-38 accepting the Rate Study relating to water, sewer, storm drainage and solid waste, authorizing required actions under Proposition 218, and setting a Proposition 218 Public Hearing date to consider rate increases.

DISCUSSION:

At the April 6, 2022 Council meeting, the Council received the final report for the water, sewer, storm drainage and solid waste rate studies and adopted Resolution No. 22-38 authorizing staff to take required actions under Proposition 218 including preparation and mailing of 45-day notices to rate payers and setting public hearing for June 15, 2022. Due to timing the timing of printing and mailing of the notices, a subsequent resolution was considered and approved on May 4, 2022, changing the hearing date from June 15, 2022 to July 20, 2022 to provide the required 45-day notice.

Timing of the implementation of the new rates was originally anticipated to be FY 2021-2022 through 2025-2026; however the actual implementation date is FY 2022-2023 through 2026-2027. Technical corrections have been made to the charts and tables in the rate studies and the Public Hearing Notice did reflect the updated time frame of FY 2022-23 through 2026-27. Additionally, after consideration it was determined to have the start date of implementation be August 1, 2022.

The water rate study included drought rates, which the Council would have the option to implement those rates during a time of drought and loss of water revenue. However, these rates were not considered in the workshops. The Council’s direction was to eliminate the tiered rate system and as such the drought rates are removed from the water rate study.

It is worth noting that utilities, including sewer, water, trash collection, and drainage are funded by user fees that provide for the daily operation and maintenance of the various systems. Said fees are viewed as property-related fees for a utility service and are subject to specific requirements of the California Constitution Article XIII D § 6(a), commonly referred to as Proposition (Prop) 218. The requirements include:
 The fees must only cover expenses to provide service to the customer assessed.  An increase in the fee(s) must be approved by the customers under a protest-ballot procedure, where all affected property owners are notified and given the opportunity to protest the increase in writing or at a public hearing, and a majority protest prohibits the increase.  A multi-year schedule of fee increases is allowed for up to five years.  The Prop 218 process occurs after the Council approves the rate studies. This process involves mailing a 45-day Notice of the Proposed Rate Increases and Public Hearing to all affected customers.
o Any customer opposed to the rate increase would need to send a letter back to the City protesting the rate increases.
o For water, sewer, and solid waste, a majority protest exists if written protests are timely submitted by the customers with respect to a majority (50% plus 1) of the parcels subject to the proposed rate increase. If not, the City may proceed to adopt the recommended rate increases.
o For storm drainage, a majority protest exists if the ballots submitted in opposition exceed the number of ballots submitted in favor of the proposed rate. If not, the City may proceed to adopt the recommended rate increases.

The rate study is comprised of several distinct analyses.  Water
 Wastewater (i.e., sewer)
 Storm Drain
 Solid Waste (i.e., trash), including Street Sweeping
The studies may be found at:
https://www.madera.gov/home/departments/public-works/utility-billing/#tr-sewer-water-and-solidwaste-rate-information-4088012

A summary of each is as follows:

WATER RATE STUDY:

The Water Rate Study assumes that $6 Million of the American Rescue Plan Act (ARPA) funds would be used to fund capital projects along with the use of available Water Enterprise Capital Reserve Funds.

Based on current and projected costs, including capital projects, the rates are projected to increase 1 percent in fiscal years 2021/2022, and 2022/2023 and 2023/2024 with no increase in rates in the following two years covered by the rate study.

WASTEWATER RATE STUDY:

The Wastewater Rate Study assumes that $16 Million of the ARPA funds would be used to fund capital projects. Based on current and projected costs, including capital projects, the rates are projected to increase 0.5 percent in the first year and 5% in each of the next five years.

STORM DRAIN RATE STUDY:

The Storm Drain Rate Study recommends an increase of 40% in the first year and 15 percent in each of the next five years. These rate increases are necessary to cover ongoing costs, as well as fund prudent reserves. Prior deficits have depleted reserve balances, as rates have not increased since 1992.

SOLID WASTE AND STREET SWEEPING RATE STUDY:

The NBS study recommended an increase of 50% percent in total rate revenue in the first year, 10 percent in each of the next three years and 4 percent in the fifth year. Because of the cost-of-service adjustments in the first year, the rates for each customer class are affected differently by these increases; in years 2 through 5 the rate increases are applied “across-the-board” to all solid waste rates.

These rate increases are necessary to cover ongoing costs, fund prudent reserves, and new costs associated with State Bill (SB) 1383. SB 1383, effective January 1, 2022, imposes additional recycle and organic recovery mandates, resulting in an estimated 35 percent increase in costs and is calculated as a surcharge that is incorporated into the rates. Additionally, the administrative fees paid to the franchise hauler, which have not historically been recovered from residential customers, are also added to the proposed rates.

Additionally, the Solid Waste Rate Study reviewed street sweeping fees which have historically been billed separately based on linear feet of lot frontage. The rates for street sweeping have been incorporated into proposed solid waste rates and are now recovered from all solid waste customers as a fixed rate, designed to cover ongoing street sweeping costs.

The proposed rates by NBS projected a 35 percent increase in costs related to SB 1383. Since the completion of the study and discussions with the City’s trash hauler, the costs associated with the implementation of and ongoing compliance with SB 1383 is determined to be less. Accordingly, staff is recommending that the City adopt the NBS recommended rates as a maximum and implement a lesser rate for Year 1. Internal analysis indicates that the while the NBS rate provides a ceiling to solid waste rates, cost recovery can be accomplished with a lesser rate. The resolution adopting Solid Waste and Street Sweeping rates expressly provides t for a lesser rate for Year 1 than what NBS recommended.

FINANCIAL IMPACT:

The proposed rates increases are necessary to keep pace with increasing operational costs, to make essential repairs and improvements to property, plant and equipment and to comply with new solid waste disposal regulations.

The Council has considered alternative rate study scenarios at the August 18, 2021, December 15, 2021 and January 19, 2022 Council meetings. The rate studies and proposed rates were the result of staff working with the Consultant in consideration of alternative funding sources such as ARPA and Developer Impact Fees, as well as Council discussions. The single-family residential (SFR) current and proposed rates are presented in Table 1. The % of rate revenue increases for the 1st and 5th years are for the total revenue generated by all customer classes. The proposed rates for Solid Waste now include the street sweeping program costs and the administrative fee, which had not previously been charged to customers. Note, that the Year 1 rate for Solid Waste is reduced from the NBS recommended amount per the discussion above.

Table 1: Current Rate, Proposed Rates 1st and 5th Year; % Change 1st Year and Cumulative 5th Year in Rate Revenue comparison for Single Family Home Customers Rate Study Current Rate
for SFR
Proposed Rate
per NBS Study
Proposed
Rates SFR
Increase 1st
Year Rate
% Increase
in Year 1
Water (Avg. Monthly) $54.81 $55.26 $55.26 $0.45 0.8%
Sewer $42.75 $42.96 $42.96 $0.21 0.5%
Storm Drain $2.00 $2.81 $2.81 $0.81 40.5%
Street Sweeping $2.34 $1.86 $1.86 -$0.48 -20.5%
Solid Waste $23.22 $36.69 $28.72 $5.50 23.7%
Total $125.12 $139.58 $131.61 $6.49 5.2%
CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

The proposed action is consistent with Vision Plan Action Item 115.5.

Action Item #115.5: Insure the physical and financial sustainability of the City existing and expanding sewer and water infrastructure.

A. Develop a comprehensive detailed inventory of the existing water and sewer collection systems that forecasts the probable life, and periodic major maintenance and/or replacement of all of the individual elements.

B. Provide a long-term financial plan that forecasts the required capital repairs to the existing system and corresponding revenues.

C. Where feasible, include appropriate funding in annual and CIP budgeting and determination of user rates.

ATTACHMENTS

1. A Resolution of the City Council of the City of Madera, California, establishing monthly rates to be charged for water furnished by the City for a five-year period and repealing Resolution 15-156 and all other Resolutions in conflict herewith

2. A Resolution of the City Council of the City of Madera, California, establishing monthly rates to be charged for sewer furnished by the City for a five-year and repealing Resolution 15-157 and all other Resolutions in conflict herewith

3. A Resolution of the City Council of the City of Madera, California, establishing monthly rates to be charged for solid waste and street sweeping furnished by the City for a five-year period and repealing Resolution 13-76 and all other Resolutions in conflict herewith

4. A Resolution of the City Council of the City of Madera, California establishing monthly rates to be charged for storm drainage services furnished by the City for a five-year period and repealing Resolution 92-120 and all other Resolutions in conflict herewith

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

CALIFORNIA, ESTABLISHING MONTHLY RATES TO BE CHARGED FOR

WATER FURNISHED BY THE CITY FOR A FIVE-YEAR PERIOD AND
REPEALING RESOLUTION 15-156 AND ALL OTHER RESOLUTIONS IN

CONFLICT HEREWITH
WHEREAS, the City of Madera previously adopted Resolution 15-156 establishing rates for water furnished by the City for the period between July of 2015 and July of 2020; and WHEREAS, the City of Madera desires to establish water rates which were based on the actual and projected costs of providing services between August of 2022 and August 2027; and WHEREAS, the City Council considered a Rate Study analysis prepared by NBS, a firm with expertise in the analysis of municipal utility costs; and WHEREAS, the Council has discussed the need for increased charges at various meetings and held study session meetings regarding the potential rate increase; and WHEREAS, the City prepared and mailed a 45-day notice of public hearing to affected customers and property owners served by the City, as required by Proposition 218; and WHEREAS, the notice of public hearing included information on how and where to protest the proposed increase in water service rates and the notice was developed in accordance with Proposition 218; and
WHEREAS, the adoption of the proposed sewer service charges is exempt from California Environmental Quality Act (CEQA) under California Public Resources Code Section 21080(b)(8); and
WHEREAS, the Council held a public hearing on July 20, 2022, and considered all written protests and public comments regarding the proposed water rates.

WHEREAS, the Council desires to proceed with the adoption of new water rates.

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

1. The above recitals are true and correct.

2. The Council finds the water rates are supported by an appropriate Water Rate Study which is incorporated herein by reference.

3. The Council finds that no majority protest was presented against the proposed rates for water services.

4. Finds the adoption of the proposed water rates is exempt from CEQA under California Public Resources Code § 21080(b)(8).

5. Adopts the monthly rates for a five-year period to be charged for the use of water furnished by the City as enumerated in Attachment A to this Resolution which is incorporated herein by reference.

6. The newly adopted rates shall be made effective August 1, 2022.

7. Resolution 15-156 and all other resolutions in conflict herewith are hereby repealed.

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

ATTACHMENT A
Water Rate Schedule
I
Current
Rates
Fixed Meter Charges
Monthl'i Fixed Service Charges:
5/8 inch $16.88 $14.38 $14.52 $14.67 $14.67 $14.67
3/4 inch $19.09 $17.26 $17.43 $17.60 $17.60 $17.60
1 inch $23.51 $23.01 $23.24 $23.47 $23.47 $23.47

1.5 inch $34.56 $37.38 $37.75 $38.13 $38.13 $38.13
2 inch $47.82 $54.63 $55.18 $55.73 $55.73 $55.73
3 inch $89.81 $100.64 $101.65 $102.67 $102.67 $102.67
4 inch $151.69 $152.39 $153.91 $155.45 $155.45 $155.45
6 inch $299.76 $296.15 $299.11 $302.10 $302.10 $302.10
8 inch $542.86 $468.66 $473.35 $478.08 $478.08 $478.08
Commodity Charges
Rate i;1e r hcf of Water Consumed:

Non-Residentia l $2.41 $2.15 $2.17 $2.19 $2.19 $2.19
Residentia l Un iform Rates N/A $2.15 $2.17 $2.19 $2.19 $2.19

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

CALIFORNIA, ESTABLISHING MONTHLY RATES TO BE CHARGED FOR

SEWER FURNISHED BY THE CITY FOR A FIVE-YEAR AND REPEALING RESOLUTION 15-157 AND ALL OTHER RESOLUTIONS IN CONFLICT

HEREWITH
WHEREAS, the City of Madera previously adopted Resolution 15-157 establishing rates for sewer furnished by the City for the period between July of 2015 and July of 2020; and WHEREAS, the City of Madera desires to establish sewer rates which were based on the actual and projected costs of providing services between August of 2022 and August 2027; and WHEREAS, the City Council considered a Rate Study analysis prepared by NBS, a firm with expertise in the analysis of municipal utility costs; and WHEREAS, the Council has discussed the need for increased charges at various meetings and held study session meetings regarding the potential rate increase; and WHEREAS, the City prepared and mailed a 45-day notice of public hearing to affected customers and property owners served by the City, as required by Proposition 218; and WHEREAS, the notice of public hearing included information on how and where to protest the proposed increase in sewer service rates and the notice was developed in accordance with Proposition 218; and
WHEREAS, the adoption of the proposed sewer service charges is exempt from California Environmental Quality Act (CEQA) under California Public Resources Code Section 21080(b)(8); and
WHEREAS, the Council held a public hearing on July 20, 2022, and considered all written protests and public comment regarding the proposed sewer rates.

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

1. The above recitals are true and correct.

2. The Council finds the sewer rates are supported by an appropriate Sewer Rate Study which is incorporated herein by reference.

3. The Council finds that no majority protest was presented against the proposed rates for sewer services.

4. Finds the adoption of the proposed sewer rates is exempt from CEQA under California Public Resources Code Section 21080(b)(8).

5. Adopts the monthly rates for a five-year period to be charged for the use of sewer furnished by the City, as enumerated in Attachment A to this Resolution which is incorporated herein by reference.

6. The newly adopted rates shall be made effective August 1, 2022.

7. Resolution 15-157, and all other resolutions in conflict herewith, are hereby repealed.

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

ATTACHMENT A
Residential
Commercial
Sewer Rate Schedule

FIXED M ONTHLY CHARGES
Single-Family
Mult i-Fami ly (per unit)
Sewer Rate Schedule

FIXED MONTHLY CHARGES
Commercial (All)
I
Current
Rates
I
$42.75
$27.77
Current
Rates
$19.02
$42.96
$35.47
$22.81
NON-RESIDENTIAL VOLUMETRIC CHARGES PER HCF1
Commercial
Car Dealer & Dept/Retail $2.30 $3.05
Game $3.46 $3.02
Grocery & Mortuary $5.04 $6.22
Hos1Pital $2.28 $2.73
Hotel without dining $2.28 $2.71
Library & Church $2.25 $3.17
Professional Building $2.28 $3.05
Rest aurant $5.22 $6.73
School $2.38 $2.74
Strip Mall $3.52 $3.05
Warehouse $3.51 $1.97
Industrial
Light Industrial $3.51 $1.97
Medium Industrial N/A $2.74
High Industrial N/A $3.81
l. HCF = hundred cubic feet, equal to 748 gallons of wat er. $45.11
$37.24
$23.95
$3.20
$3.17
$6.53
$2.87
$2.85
$3.33
$3.20
$7.07
$2.88
$3.20
$2.07
$2.07
$2.88
$4.00
$47.37
$39.10
$25.15
$3.36
$3.33
$6.86
$3.01
$2.99
$3.50
$3.36
$7.42
$3.02
$3.36
$2.17
$2.17
$3.02
$4.20
$49.74
$41.06
$26.41
$3.53
$3.50
$7.20
$3.16
$3.14
$3.68
$3.53
$7.79
$3.17
$3.53
$2.28
$2.28
$3.17
$4.41
$52.23
$43.11
$27.73
$3.71
$3.68
$7.56
$3.32
$3.30
$3.86
$3.71
$8.18
$3.33
$3.71
$2.39
$2.39
$3.33
$4.63

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

CALIFORNIA, ESTABLISHING MONTHLY RATES TO BE CHARGED FOR SOLID

WASTE AND STREET SWEEPING FURNISHED BY THE CITY FOR A FIVE-YEAR PERIOD AND REPEALING RESOLUTION 13-76 AND ALL OTHER

RESOLUTIONS IN CONFLICT HEREWITH
WHEREAS, the City of Madera previously adopted Resolution 13-76 establishing rates for solid waste furnished by the City for the period beginning 2013; and WHEREAS, the City of Madera desires to establish solid waste rates which are based on the actual and projected costs of providing services between August of 2022 and August 2027; and
WHEREAS, the City Council considered a Rate Study analysis prepared by NBS, a firm with expertise in the analysis of municipal utility costs; and WHEREAS, the Council has discussed the need for increased charges at various meetings and held study session meetings regarding the potential rate increase; and WHEREAS, the City prepared and mailed a 45-day notice of public hearing to affected customers and property owners served by the City, as required by Proposition 218; and WHEREAS, the notice of public hearing included information on how and where to protest the proposed increase in solid waste service rates and the notice was developed in accordance with Proposition 218; and
WHEREAS, the adoption of the proposed solid waste service charges is exempt from California Environmental Quality Act (CEQA) under California Public Resources Code Section 21080(b)(8); and
WHEREAS, the Council held a public hearing on July 20, 2022, and considered all written protests and public comments regarding the proposed solid waste rates; and WHEREAS, the Council desires to proceed with the adoption of new solid waste and street sweeping rates for a five-year period consistent with the NBS Study except that rates in Year 1 shall be reduced; and
WHEREAS, the rates for the five-year period including a reduced rate for Year 1 are set forth in Attachment A to this resolution.

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

1. The above recitals are true and correct.

2. The Council finds the solid waste are supported by an appropriate Solid Waste Rate Study which is incorporated herein by reference.

3. The Council finds that no majority protest was presented against the proposed rates for solid waste services.

4. Finds the adoption of the proposed solid waste rates is exempt from CEQA under California Public Resources Code Section 21080(b)(8).

5. Adopts the monthly rates for a five-year period to be charged for the use of solid waste services furnished by the City, enumerated in Attachment A to this Resolution which is incorporated herein by reference.

6. The newly adopted rates shall be made effective August 1, 2022.

7. Resolution 13-76, and all other resolutions in conflict herewith, are hereby repealed.

8. This resolution is effective immediately upon adoption. ******
Attachment A (solid waste & street sweeping)
Customer Classes/Service Type
Current
Rates
FY
2022/23(a)
FY
2023/24
(b)
FY
2024/25
(b)
FY
2025/26
(b)
FY
2026/27
(b)
Fixed Monthly Charges
Single Family Residential
Three Standard Containers 25.56                  30.58     41.82        45.77        47.51       49.31 Add'l Grey 4.73                    11.81     31.08        34.19        35.56       36.98 Add'l Green 2.17                       9.80     11.00        12.11        12.59       13.09 Add'l Blue 2.17                       8.32     11.00        12.11        12.59       13.09 Contamination Fee ‐ 1st occurance New Fee 12.00               13.20        14.52        15.25       16.01 Contamination Fee ‐ 2nd occurance New Fee 24.00               26.40        29.04        30.49       32.02 ‐ ‐
Commercial                ‐ ‐
96 Gallon Grey                ‐ ‐
1x per week 29.46                  25.61     55.41        60.72        63.05       65.48 2x per week 45.00               49.50        54.45        57.17       60.03 3x per week 85.00               93.50      102.85      107.99    113.39 2 Cubic Yard                ‐ ‐
1x per week 52.11                  90.00   195.28      214.81      223.40    232.33 2x per week 102.40              168.75   266.29      292.92      304.63    316.82 3x per week 151.25              243.75   353.28      388.60      404.15    420.31 4x per week 203.10              300.00   461.03      507.14      527.42    548.52 5x per week 253.47              387.50   595.79      655.37      681.59    708.85 3 Cubic Yard                ‐ ‐
1x per week 65.84                127.50   204.15      224.57      233.55    242.89 2x per week 130.34              240.00   284.04      312.45      324.94    337.94 3x per week 194.44              337.50   379.90      417.90      434.61    452.00 4x per week 258.72              405.00   496.54      546.19      568.04    590.76 5x per week 323.14              468.75   640.18      704.19      732.36    761.65 4 Cubic Yard                ‐ ‐
1x per week 79.73                157.50   213.03      234.33      243.71    253.46 2x per week 157.87              273.75   301.79      331.97      345.25    359.06 3x per week 272.25              368.75   406.53      447.19      465.07    483.68 4x per week 333.10              481.25   532.04      585.25      608.66    633.00 5x per week 392.17              600.00   684.56      753.01      783.13    814.46 6 Cubic Yard                ‐ ‐
1x per week 107.22              195.00   230.78      253.86      264.02    274.58 2x per week 213.04              305.00   337.30      371.03      385.87    401.30 3x per week 318.78              417.50   459.79      505.77      526.00    547.04 4x per week 424.44              562.50 618.75 680.63            714.66    750.39 5x per week 529.93              700.00   773.32      850.65      884.68    920.06 Commercial Recyclables Rates                ‐ ‐
96 Gallon Blue                ‐ ‐
1x per week 11.25               12.38        13.61        14.29       15.01 2x per week 22.50               24.75        27.23        28.59       30.02 3x per week 33.75               37.13        40.84        42.88       45.02 2 Cubic Yard                ‐ ‐
1x per week 31.22                  52.50     86.62        95.28        99.09    103.05 2x per week 55.98                  87.50   173.24      190.56      198.18    206.11 3x per week 80.79                127.50   259.85      285.84      297.27    309.16 3 Cubic Yard                ‐ ‐
1x per week 41.89                  67.50   102.09      112.30      116.80    121.47 2x per week 72.72                121.25   195.52      215.08      223.68    232.63 3x per week 109.38              190.00   288.96      317.85      330.56    343.79 4 Cubic Yard                ‐ ‐           ‐             ‐ 1x per week 47.92                  83.75   111.79      122.97      127.89    133.01 2x per week 89.40                137.50   212.04      233.24      242.57    252.27 3x per week 130.89              211.25   312.28      343.51      357.25    371.54 6 Cubic Yard                ‐ ‐
1x per week 64.58                103.00   131.20      144.32      150.09    156.09 2x per week 118.12              193.75   245.07      269.57      280.35    291.57 3x per week 171.54              262.50   358.94      394.83      410.62    427.05 Commercial Organics Rates                ‐ ‐
96 Gallon Container                ‐ ‐
1x per week 10.28                  16.75     18.47        20.32        21.13       21.98 2x per week 20.58                  32.25     36.94        40.63        42.26       43.95 3x per week 30.85                  51.50     56.65        62.32        65.43       68.70 4x per week 41.13                  68.25     75.08        82.58        86.71       91.05 5x per week 51.41                  83.75     92.13      101.34      106.40    111.72 2 Cubic Yard                ‐ ‐
1x per week 42.18                  69.63     80.29        88.32        21.13       21.98 2x per week 77.36                127.50   160.58      176.64      183.71    191.05 3x per week 118.54              185.50   240.87      264.96      275.56    286.58 4x per week 157.07              243.38   267.71      294.48      309.21    324.67 5x per week 198.84              301.38   331.51      364.66      382.90    402.04 Commercial Contamination Fees*                ‐ ‐
1st Occurance ‐ Per Container Cu Yard New Fee 12.00               13.20        14.52        15.25       16.01 2nd Occurance ‐ Per Container Cu Yard New Fee 20.00               22.00        24.20        25.41       26.68 Overlaoded Container ‐ Per Container Cu Yard 12.00               13.20        14.52        15.25       16.01 *Contamination applies to all three material types
Roll Off                ‐ ‐
Monthly Rent 181.13              219.17   241.09      265.20      278.46    292.38 Pull Charges Per Load 182.13              262.50   288.75      317.63      333.51    350.18 Miscellaneous                ‐ ‐
Lost Lock Fee 15.00                  18.15     19.97        21.96        22.84       23.75 New or Replacement Can 53.30                  64.49     70.94        78.04        81.16       84.40 New Residence 3 Cart Start‐up Fee 241.84           266.02      292.62      307.25    322.62 Delivery Charge 10.00                  12.10     13.31        14.64        15.23       15.84 (a) Rates beginning Aug. 1, 2022
(b) Identifies the maximum rate per the NBS Rate Study.  Rates may be adjusted by future Council action.

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

CALIFORNIA, ESTABLISHING MONTHLY RATES TO BE CHARGED FOR

STORM DRAINAGE SERVICES FURNISHED BY THE CITY FOR A FIVE-YEAR PERIOD AND REPEALING RESOLUTION 92-120 AND ALL OTHER

RESOLUTIONS IN CONFLICT HEREWITH
WHEREAS, the City of Madera previously adopted Resolution 92-120 establishing rates for storm drainage services furnished by the City beginning 1992; and WHEREAS, the City of Madera desires to establish storm drainage rates which were based on the actual and projected costs of providing services between August of 2022 and August 2027; and
WHEREAS, the City Council considered a Rate Study analysis prepared by NBS, a firm with expertise in the analysis of municipal utility costs; and WHEREAS, the Council has discussed the need for increased charges at various meetings and held study session meetings regarding the potential rate increase, and WHEREAS, the City prepared and mailed a 45-day notice of public hearing to affected customers and property owners served by the City, as required by Proposition 218; and WHEREAS, the notice of public hearing included information on how and where to vote and submit ballot on proposed storm drainage service rates and the notice was developed in accordance with Proposition 218; and
WHEREAS, the adoption of the proposed sewer service charges is exempt from California Environmental Quality Act (CEQA) under California Public Resources Code Section 21080(b)(8); and
WHEREAS, the Council held a public hearing on July 20, 2022, and considered all written protests and public comments regarding the proposed water rates.

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

1. The above recitals are true and correct.

2. The Council finds the storm drainage rates are supported by an appropriate Storm Drainage Study which is incorporated herein by reference.

3. The Council finds that the majority votes presented supported the proposed rates for storm drainage services.

4. Finds the adoption of proposed storm drainage rates is exempt from CEQA under California Public Resources Code Section 21080(b)(8).

5. Adopts the monthly rates for a five-year period to be charged for storm drainage services furnished by the City, as enumerated in Attachment A to this Resolution which is incorporated herein by reference.

6. The newly adopted rates shall be made effective August 1, 2022.

7. Resolution 92-120, and all other resolutions in conflict herewith, are hereby repealed.

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

ATTACHMENT A
Storm Drain Rate Schedule I
Current
Rates
Proposed Monthly Usage Charge
Single Family Residential
per month $2.00 $2.92 $3.36 $3.87 $4.44 $5.11
Multi Family Residential
Equal or less than 40 units
per square foot, $0.002 $0.002 $0.003 $0.004 $0.005 $0.006 maximum per month $80.00 $80.00 $92.00 $106.00 $122.00 $140.00 Greater than 40 & equal or less than 80
units
per square foot, $0.002 $0.002 $0.003 $0.004 $0.005 $0.006 maximum per month $160.00 $160.00 $184.00 $212.00 $244.00 $281.00 Greater than 81 units
per square foot, $0.002 $0.002 $0.003 $0.004 $0.005 $0.006 maximum per month $240.00 $240.00 $276.00 $317.00 $365.00 $420.00 Non-Residential (Including Churches)
per square foot of ground floor, $0.004 $0.005 $0.006 $0.007 $0.009 $0.011 maximum per month $80.00 $100.00 $115.00 $132.00 $152.00 $175.00

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: July 20, 2022
Agenda Number: _____
Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Public hearing to approve the Community Development Block Grant (CDBG) 2022-2023 Action Plan final funding allocations and subrecipient agreements including an updated recommendation of allocated funds towards McNally Park
RECOMMENDATION:

Conduct a public hearing to receive final public input on the 2022/2023 Action Plan and adopt Resolutions:

1. Approving a Subrecipient Agreement for Services ($5,000) with Madera Coalition for Community Justice; and

2. Approving a Subrecipient Agreement for Services ($32,500) with Madera Rescue Mission; and

3. Approving a Subrecipient Agreement for Services ($35,400) with O.L.I.V.E. Charitable Organization; and

4. Approving a Subrecipient Agreement for Services ($10,000) with Pequeños Empresarios; and

5. Approving a Subrecipient Agreement for Services ($34,000) with Madera Coalition for Community Justice; and

6. Approving a Subrecipient Agreement for Services ($21,401.50) with City of Madera, Parks & Community Services; and

7. Approving a Subrecipient Agreement for Services ($20,000) with Community Action Partnership of Madera County, Inc.; and

8. Approving a Subrecipient Agreement for services ($25,000) with City of Madera Engineering Department; and

9. Approving a Subrecipient Agreement for Services ($25,000) with City of Madera Public Works Department.

C-2
SUMMARY:

The City of Madera (City) received notification from the U.S. Department of Housing and Urban Development (HUD) on May 13, 2022, that it was eligible to receive an allocation for the CDBG 2022-2023 fiscal year in the amount of $922,010. It is noted that there is also an additional $60,000 of reallocation housing funds from the 2021-2022 allocation that will be reallocated into this Action Plan. The public hearing is for City Council (Council) to approve final funding allocations and to enter into agreements with grant subrecipients.

DISCUSSION:

Any project or activity being conducted by City or a subrecipient must address at least one of the three HUD’s National Objectives, when such a project of activity will be funded through CDBG allocated dollars.

HUD’s National Objectives are as follows:
 Benefit to low- and moderate- income (LMI) persons; or  Aid in the prevention or elimination of slums or blight; or  Meet a need having a particular urgency (referred to as urgent need).

In addition, to ensure that funded activities further one of HUD’s National Objectives, the City is required to identify priorities for its CDBG funds, through the development of a five-year Consolidated Plan. The City has identified the following primary- tier and secondary-tier priorities for funding cycles 2020-2024.
 Primary- Tier priorities
o Quality Housing (Rent affordability and rental assistance) o Homelessness (Supportive services and prevention)
 Secondary – Tier priorities
o Neighborhood Revitalization (Infrastructure Improvements, Streets/Roads/ Lighting and Community Centers/Park)
The City received a total of 11 applications for the CDBG 2022-2023 Notice of Funding Availability cycle, including: 2 for Administration, 7 for Public Services, and 2 for Capital Projects/Public Improvements. The applicants provided brief presentations to the Block Grant Commission (BGC) during their special meeting on June 6, 2022 and June 8, 2022, then brought those recommendations before Council on June 15, 2022, during which meeting Council approved tentative allocations.

Council Tentative Allocations
During the Council meeting of June 15, 2022, Council voted unanimously to approve tentative allocations for the administrative category. The eligible allocation is $184,402 and the total requested is $204,402. Table 1 below shows the tentative allocations for Administration.

Table 1: City Council Tentative Administration Allocations Applicant
BGC
Recommended
Allocations
City Council
Tentative
Allocations
City of Madera – Action Plan Administration
Administration to Oversee CDBG Program $164,402 $164,402 CAPMC – Fresno Madera Continuum of Care
Point-in-Time Count Administration $20,000 $20,000
Total $184,402 $184,402
Council deliberated on the Public Service funding applications and approved tentative allocations by a majority vote of 4-3. The eligible allocation is $138,301 and the total requested is $433,986.

Table 2 below shows the Council tentative allocations for Public Services.

Table 2: City Council Tentative Public Service Allocations Applicant
BGC
Recommended
Allocations
City Council
Tentative
Allocations
Madera Coalition for Community Justice –
Madera Youth Leaders Street Art Project $0 $5,000
Madera Rescue Mission – Homeless Services Program
Homeless Prevention and Services $34,500 $32,500
O.L.I.V.E. Charitable Organization – O.L.I.V.E. Safe House Bennet House $37,400 $35,400
Pequeños Empresarios –
Child Entrepreneurship Education $10,000 $10,000
Madera Coalition for Community Justice –
Madera Rental Assistance Program $30,000 $34,000
City of Madera, Parks & Community Services –Senior
Nutrition & Recreation Programs
Senior Wellness, Meals and Recreation
$26,401.50 $21,401.50
Total $138,301.50 $138,301.50
Council discussed 2 additional Capital Projects/Public Improvements funding applications. The total available allocation is $659,307 and the total requested is $50,000. The remaining eligible balance is $609,307. Staff is proposing to incorporate allocation of the remaining balance to the McNally Park Project into the Annual Action Plan. The Block Grant Commission is aware and supports said allocation. Council approved tentative allocation requests by the City Engineering Department and the City Public Works Department by a majority vote of 7-0. Table 3 below shows the tentative allocations for Capital Projects/Public Improvements. Staff is recommending allocating the remaining capital/public improvement balance of $609,307 towards improvements at McNally Park.

Table 3: City Council Tentative Capital Projects/Public Improvements Allocations Applicant
BGC
Recommended
Allocations
City Council
Tentative
Allocations
City of Madera Engineering Department –
Front Desk Counter $25,000 $25,000
City of Madera, Public Works Department
Sidewalk and ADA Corner Ramp Improvements $25,000 $25,000 *McNally Park Project $609,307 $609,307
Total $659,307 $659,307
*Updated allocation request of remaining capital/public improvement funds.

A 30-day public review and comment period is required, following the approval of the tentative allocations on June 15, 2022. As of the writing of the staff report, City has received no written public comments.

FINANCIAL IMPACT:

This allocation will not have an impact on the General Fund. The City will be administering the grant with CDBG administration funds available and City’s CDBG allocations will be administered with current City staff.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

The HUD CDBG program supports the Vision Madera 2025 Plan as follows:
 Strategy 136:
o Transitional Housing: Promote transitional housing to ensure the homeless have safe shelter.
 Strategy 407:
o Promote and expand existing services, supportive services, case management, and self-sufficiency for Madera residents to maintain independent lifestyles.  Strategy 337:
o Develop programs for Maderans of all ages with an emphasis on youth and senior activities.
 Strategy 121.1:
o Add facilities and amenities for the public.

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- Madera Coalition for Community Justice Agreement  Exhibit A – Budget
 Exhibit B – Application
 Exhibit C – Quarterly Activity Report
 Exhibit D – CDBG Certifications
 Exhibit E – CDBG Accessibility Requirements

2. Resolution
Exhibit 1- Madera Rescue Mission Agreement
 Exhibit A – Budget
 Exhibit B – Application
 Exhibit C – Quarterly Activity Report
 Exhibit D – CDBG Certifications
 Exhibit E – CDBG Accessibility Requirements

3. Resolution
Exhibit 1- O.L.I.V.E. Charitable Organization Agreement  Exhibit A – Budget
 Exhibit B – Application
 Exhibit C – Quarterly Activity Report
 Exhibit D – CDBG Certifications
 Exhibit E – CDBG Accessibility Requirements

4. Resolution
Exhibit 1- Pequeños Empresarios Agreement
 Exhibit A – Budget
 Exhibit B – Application
 Exhibit C – Quarterly Activity Report
 Exhibit D – CDBG Certifications
 Exhibit E – CDBG Accessibility Requirements

5. Resolution
Exhibit 1- Madera Coalition for Community Justice Agreement  Exhibit A – Budget
 Exhibit B – Application
 Exhibit C – Quarterly Activity Report
 Exhibit D – CDBG Certifications
 Exhibit E – CDBG Accessibility Requirements

6. Resolution
Exhibit 1- City of Madera, Parks & Community Services Agreement  Exhibit A – Budget
 Exhibit B – Application
 Exhibit C – Quarterly Activity Report
 Exhibit D – CDBG Certifications
 Exhibit E – CDBG Accessibility Requirements

7. Resolution
Exhibit 1- Community Action Partnership of Madera County, Inc. Agreement  Exhibit A – Budget
 Exhibit B – Application
 Exhibit C – Quarterly Activity Report
 Exhibit D – CDBG Certifications
 Exhibit E – CDBG Accessibility Requirements

8. Resolution
Exhibit 1- City of Madera, Engineering Department Agreement  Exhibit A – Budget
 Exhibit B – Application
 Exhibit C – Quarterly Activity Report
 Exhibit D – CDBG Certifications
 Exhibit E – CDBG Accessibility Requirements

9. Resolution
Exhibit 1- City of Madera, Public Works Department Agreement  Exhibit A – Budget
 Exhibit B – Application
 Exhibit C – Quarterly Activity Report
 Exhibit D – CDBG Certifications
 Exhibit E – CDBG Accessibility Requirements
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2022/23 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($5,000) WITH

MADERA COALITION FOR COMMUNITY JUSTICE
WHEREAS, the City Council has considered approval of the 2022/23 Community Development Block Grant Subrecipient Agreement with Madera Coalition for Community Justice in the amount of $5,000 (“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 Madera Coalition for Community Justice.

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 2022/23 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. *****
----

COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT

BETWEEN THE CITY OF MADERA AND MADERA COALITION FOR COMMUNITY JUSTICE This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2022, by and between the City of Madera (“City”) and MADERA COALITION FOR COMMUNITY JUSTICE, 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. City agrees to engage the services of Subrecipient, and 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 the project design, which is attached to this Agreement, marked as EXHIBIT "B", 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 “A".

The total obligation of the City under this Agreement shall not exceed $5,000 in fiscal year 2022- 2023. 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 Community Development Block Grant certifications attached hereto and incorporated herein by reference as EXHIBIT “D”.

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 21, 2022, and shall end its performance June 30, 2023, 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 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. Reports/Required Notifications
The Subrecipient shall submit reimbursement claims with substantiating invoices and timecards signed by both the employee and applicable Authorizing Official of the Subrecipient. Reports shall consist of the Quarterly Reporting Form. This form is contained in EXHIBIT “C” attached hereto and incorporated herein by reference.

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 that 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 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 that 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. c. CDBG Reporting Requirements
The City will inform Subrecipient in writing if CDBG funds are provided under this Agreement, which require Subrecipient to submit an application or to complete a record as an integral part of receiving these funds.

Subrecipient shall submit with each quarterly 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.

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 "B" 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 "A." 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 "D".

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

17. Administration
The City of Madera Grants Administration 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 "B." 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 on at least a quarterly basis.

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.

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 indemniteestheir 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 Subrecipients
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:
 $500,000 General Liability (including operations, products and completed operations) per occurrence, $1,000,000 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.
 $500,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Subrecipient arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. This provision shall not apply if Subrecipient’s activities do not include driving in the performance of the proposed scope of work.
 Worker’s Compensation as required by the State of California and $500,000 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, as required, as evidence of the insurance coverage required herein. Insurance certificates 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.

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

Specifications not Limiting
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Subrecipient 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
//
Subrecipient 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.

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 Subrecipient’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance
Subrecipient 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. 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 Department
205 W. 4th St.

Madera, CA 93637
To the Subrecipient:

MADERA COALITION FOR COMMUNITY JUSTICE
219 S. D 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.
[SIGNATURES ON NEXT PAGE]

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 COALITION FOR COMMUNITY JUSTICE:

By: ___________________________________ By: ______________________________ Santos Garcia, Mayor Madera Coalition for Community Justice Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:

By: ___________________________________ By: _________________________________ Alicia Gonzales, City Clerk Hilda Cantú Montoy, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A
FY 2022-2023 Budget

MADERA COALITION FOR COMMUNITY JUSTICE
Madera Coalition for Community Justice
Budget Line Item Madera
Personnel Lines needed: 1
Coordinator $4,000.00
Benefits $500.00
Taxes $0.00
Subtotal Personnel $4,500.00
Non-Personnel
Move-In Assistance
Supplies & Materials $0.00
Equipment
Communications $0.00
Meetings & Convenings $0.00
Travel & Transportation $0.00
Training
Consulting
Evaluation
Other Lines needed:

Subtotal Non-Personnel $0.00
Total Personnel & Non-Personnel $4,500.00
Indirect Costs $500.00
TOTAL $5,000.00
Number of Persons Served: 125
Cost per Individual $40
7/7/22, 3:40 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A242&prop=13&status=20 1/18 Choose Font: 20
CDBG 2022/2023 GRANT APPLICATION

PUBLIC SERVICES, CAPITAL PROJECTS, & PUBLIC IMPROVEMENTS Exhibit B – Project/Program Summary
Application Type Public Service
Legal Name of
Organization:

Madera Coalition for Community
Justice
Name of Project: Madera Youth Leaders Street Art Project Street Address/Service
Area of Project: 219 S D st
City: Madera Zip: 93638
Amount Requested for
this Project: $27,403
Amount of Leveraged
Funds Available for this
Project:
$0
Mailing Address: Madera, CA 93638
City: 559 416-7401 Zip:

Grant Administrator : Title:

Phone: Email: Madera, CA 93638
SAM Number: System for Award Management (Formerly,
CCR) Number
UEI Number: 219 S. D St. Federal EIN/TIN Number:
77-0391942
Program/Project
Administrator: 219 S D Street Title: Madera, CA 93638
Phone: Email: 219 S. D St.

Type of Entity/Organizational Structure Non-Profit
Brief Project Description(50 Words Max):MYLSAP is
creative placemaking and at its best connects community through art in a way that highlights neighborhood culture and bringing youth together to learn about each other and explore the larger world around them. Street art amplifies the power of young people to transform the place they live in and allows youth to engage in positive change in Madera.

CDBG PUBLIC SERVICES APPLICATION

1. SUMMARY OF COMMUNITY NEED OR PROBLEM TO BE
ADDRESSED:(Describe the community need or problem to
be addressed by the proposed program. State how and by
V
7/7/22, 3:40 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A242&prop=13&status=202/18 whomtheneedwasidentified. Citeyoursources(e.g., U.S. 20XX Census Data Table X.) The Madera downtown has been in steady decline since th e
80s. Theoldergenerationoftenharkensbacktothe“good
olddays” andstayawayfromthedowntownreferringtoit
derogatorily as“LittleTijuana.”Despitethepreviousbest
effortsofthecity’sredevelopment agency, mostofthe
downtownremainblighted. Sincethepandemic, therehave
beenmoreemptystorefronts andfewerfoottraffic. While
mostMaderansstayawayduetothefearofcrime, itisstill
frequentedbynewimmigrants andfarmworkers. Public art
hasthetransformativepowertobuildprideinthe
neighborhoodswhileexpressingtheworld-viewof
communitymembers, wheretheycomefrom, whattheydo
andhowtheyconnecttoeachother. Artbuildscommunity
capacity, empoweringandfosteringcivicengagement
throughcreative artisticexpression andcollective
leadership amongthelow-income, minority and
farmworkercommunities. Morespecifically, street arthas
theeffectofbridgingcommunityvaluesbetweentheyoung
andold. Furthermore, itfacilitatesyouthengagement
especiallyintermsofsupportingtheminbecomingmore
positivelyinvolvedwithpublicspace and art. InMadera,
manyteens areisolated–thereislittleintermsofprogram
activities. Thisprogramexpandsopportunitiestothe
underservedtoexpresstheircreative and artisticvisionsof thefutureofthecommunitythatengages, inspires, provokes and lays the groundwork for a more inclu sive and
equitableCityofMadera.

Madera YouthLeadersStreetArtProjectiscreative
placemaking and atitsbestconnectscommunitythrough
artin a waythathighlightsneighborhoodculture and
bringingyouthtogethertolearn abouteachother and
explorethelargerworld aroundthem. Street art amplifies
thepowerofyoungpeopletotransformtheplacetheylive
in and allowsyouthtoexercisetransformative agencyby
reclaimingpublicspace as a forumtotake actionfor
positivechange. Theproposedprojectbrings arts and
culturetomakesafe andimprovetheplacewheretheylive. It places youth, front and center, as “stewards” of the place andspacewheretheylive andlearn. Byextension, it
provideslinkstomultiplesectorsofthecommunity. The
project activitieswillbedesignedbyyouth, plannedby
7/7/22, 3:40 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A242&prop=13&status=203/18 youth, andimplementedbyyouth, withthesupport, guidance, mentoring and training provided by MCCJ staff, California Rural Legal Assistance, other professionals and experts. It would provide a youth voice that integrates them into public life while providing a positive, supportive and activ e
engagementinthecommunity. Itkeepsthemgrounded and
givesthem a senseofplace. (MYLSAPcanprovide a new
forumfor allsortsofvisual andcultural art andmusic and
otherperformance artwherestudentscanfreely and
openlylearn andparticipatein.)Atthesametime, it
invigoratesthelargercommunity andprovides a healthy
injectionofcreativeenergythatissorelyneeded. Fromthe
City’sperspective, theprojectbeginstobuild a healthy
communitythatrevitalizestheeconomyofthedowntown
makingit accessible, attractive andexciting, promotes
healthyliving, lowerscrime andincreasescivic
participation andpoliticalengagement. The project seeks to establish a “public ar tspace”in
downtownMadera thatwillbespearheadby a cadreof
youth. MYLSAPwillutilizethedowntown area as a canvas
asitwerewheresanctionedspaces and/oritems(e.g., bus
shelters, benches, powerboxes, garbagereceptacles, etc.)in downtownMadera willbetargetedtodisplaystreet art. Ideally, this campaign will be a part of the City’s revitalization of its downtown and serve as a beginning effort to create a hub -- a gathering place for youth and denizens from the eastside of town to mingle, shop, eat, transact services, etc. Moreover, it will provide a creative space for youth to engage different groups and to be recognized by a wider public audience as a place that hos ts
educational andculturalevents and a welcomingplacethat
promotespublicdiscourse andtheexchangeofideas. The
overarchingpurposeistouse art asthedriverthat
reweavesthedowntownfabric, restoringitformer
prominence as a centerofcommunity activities. Thereturn offoottraffichastheimpactofmakingthedowntownlively,
active, attractive, safeandpedestrianfriendlywhichinturn promoteseconomic activitiesthattranslateto jobs and
increasedpropertyvalue. Inthatconnection, future
directionscallfornetworkingwiththeMadera CountyArts
Council alongwithMadera UnifiedSchoolDistricttoinitiate an“ArtHop”thatinviteslocalyouthstreet artiststo
7/7/22, 3:40 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A242&prop=13&status=204/18 contributetheir artwork, show andtell, andprovidea
platformforotheryouthtolearn andcompete andoffers
artclasses and activities. In this past year, MCCJ in
stall anmuralwallthatwas
utilized as a “communitybulletinboard”thatdisplayed
differentmessages andthemesthatshowcasedthe artwork
ofyouth, e.g., BlackHistoryMonth, EarthDay, etc. The
projectwillcontinuethisformat andengageyouthform
MUSD, juvenilehall, PioneerTechnicalSchool andother
charterschools. The program wi
llbecomprisedoftwocorecomponents. The first component (months 1-3) will be the planning process and plan preparation, and the second componen t
(months4-12)willbetheplanimplementation. Fifteento
twenty-fouryouthwillberecruitedfromthelocalhigh
schoolsforthisyear-longproject. (Itis anticipatedthat
eacheventwillinvolve an additional50youthfromthe
EastsideMadera.)Theywillmeetbiweeklyor asfrequently
asneeded. TheyouthgroupwillbeguidedbytheMCCJstaff
coordinator(whois an artist)tonavigatethetechnical, political, legal and administrative considerations attend ing
tothisproject. Theprojectwillbeginwiththehiringofa
coordinator andstudentrecruitmentinthefirstmonth. These youth will be educated on a broad range of issues in
ordertodevelop a comprehensiveplanthatisessentialto
implementtheprojectrangingfromtrainingin
facilitation/presentationskills, gathering and analysisof data,participatory actionresearch andmapping
assessment. Theywillalsoengageinmaintenance
activities: leadershipdevelopment, team-building and
relationship-buildingopportunitieswith adult allies. They willhaveopportunitiestomeetwithpublicofficials and
agencystaff. An advisorycommitteemaybeestablished
consistingoflocalstakeholders. Inthesecondpartofthe
program, theyouthwillbeginbymappingcommunity
assets andresources, conveneforumswheretheylearn and
listentothecommunityregardinggoals, perception, problems and possibilities of public art, write letter t o
editor andcollaborateonnewsstorypublishedinlocal and
schoolnewspapers, prepare a reportoffindings and
recommendations, bringkeystakeholderstogetherto
develop a sharedvision, visitsixstreet artsites aroundthe state, conductresearch, networkwithotherstreet art
7/7/22, 3:40 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A242&prop=13&status=205/18 communities, andconsultwithlocal andregionalstreet art
expertsfortechnical assistanceonspecific artprojects and promotingpublic artspaces. Throughouttheprojectlife, there will be opportunities for the youth to reflect and regroup. There will be time scheduled to allow them to reflect on what they’ve learned and impact of their experience. Program activities will be planned and coordinated in a manner that provides a continuous loop of
feedbackthat allowsstafftomonitorresults, effectiveness andimpact. The youth w
illdevelop an actionplanwithgoalslinkedto
specific actions. Eachgoalwillbebrokenintospecificsteps assignedtospecificindividuals. Theywillestablishthetime framefortheplanningprocess andimplementation
schedulethatlinksbudget andtaskresponsibilities. Further, they will conduct face-to-face /meeting/wo rkshops
withstakeholderstoreview andresearchsuitable
sites/”targets,”fleshoutproblems, issues andconcerns, consider budget and resource availability, develop vision for a plan, develop plan goals and objectives, generate an d
evaluateplanoptionsand adoptbestplan. Duringthe
courseofthese activities, theywillcollectivelydetermine commonthreadissuesincluding: siteselection, display
format, motifs, themes and/orculturalsymbols, images
and/orstyledstreet art-writing, governance, rulesof
operation, andcriteria foridea selection. Theywill also participateindevelopingeffectivecommunications, outreach and education tools. The youth will be invo lvedin
theday-to-dayresponsibilityofimplementing andrunning
theprojectunderthesupervisionofthestaffcoordinator
andguidedby artistconsultants. Finally, youthwillhave
opportunitiestovisitothermuralsitesinnearby
communities. 2. EXISTING S
ERVICES: Listother agenciescurrently
addressingtheneedorproblemdescribed above. There is a dearth of youth programs in the City an dthe
needwasmagnifiedmanifoldfollowingthepandemicwhen
youthwereforcedtostay athomeforover a yeardepriving
themoftheverynecessarysocialinteractionthatiscritical
totheiremotional andintellectualdevelopment. Certainly, there are no art programs offered saved for limited instances of school art activities and private classes offered 7/7/22, 3:40 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A242&prop=13&status=20 6/18 at the Madera Circle Art Gallery.

MCCJ projects go beyond doing the critical work in the
community to bring about economic equity, social and
environmental justice -- it seeks to actively engage its constituents to become a catalyst and to actively engage them in fashioning the solution. The proposed project offers a multi-faceted framework that uses the community as the forum for catalyzing new thinking, social interaction,
cooperative and collaborative activities, real-life learning, and problem-solving. In that connection, it provides a
context for addressing barriers in the local socio-political, environmental and educational system that circumscribe
their quality of life, developmental needs and social
engagement.

Youth is an underutilized and overlooked resources. Too often, the adult world seeks to do things for them or to do things to them when they misstep. MCCJ’s vision is to
combine education and activism as the cornerstone of a
sustainable community, in which youth live their lives
consciously choosing actions that ensure a healthy quality of life. Its mission is to harness the collective vision, energy, and talent of youth and to parlay those expressions in ways that are collaborative and constructive to better the
community by providing them with leadership
development, educational tools and access to network of resources.

Timeline: This program will commence once it is funded
which is anticipated to be the beginning or early June and it will continue until June 30th or later until all the funds allocated for financial assistance to households facing evictions or utility shutoffs are exhausted.

Month 1: Recruit and hire staff (coordinator and
supervisor; training; establish office procedures;
implement programmatic logistics; develop info handout; conduct outreach to publicize program and coordinate
referrals.

Month 2 through end of program: See clients Monday to
Friday from 9 am to 5 pm and by appointments also --
interview, review application requesting financial
assistance, counseling and referral. Continue outreach in 7/7/22, 3:40 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A242&prop=13&status=207/18 community. Usemedia (Univision andRadioBilingue)to
outreachtoSpanish-speakingfamilies. 3. Explain how your program supplem entsorcomplements
existingserviceswithoutduplicatingthem. MYLSAP will complement the art activities withMadera
CountyArtCouncil andMUSD artclasses. Separately, itwill coordinateits activitieswiththeTafoya Academy, Juvenile Hall andPioneerTechnicalSchool. The approachis
collaboration andnotsupplantingofexistingservices. 4. Describe the method used to measure the effectiven ess
(outcomes)ofservices. Identifymeasurablegoals and
objectives. Attach a copyoftheprogram'sevaluation
documentation. Evaluation will m
easureprogramoutcomes andprocess. Program effectiveness will be determined by comparing accomplishmentstothestatedobjectives and activitiesthat willbesetforthin an actionplan. Importantcriteria include completionoftasks, attainmentofgoals andcompliance
withbudgetoutlay. There are importan
tindicatorsthatwillmeasuresuccesses
orfailures: retentionrateofover70%ofparticipants; increase knowledge, confidence and skill in conductin g
research, planning, advocacy andevaluation; clear
understanding andcommitmenttoprojectmission; 75%of
membersparticipateinproject activities, events and
training; 50%ofmembersparticipateincollegeoutreach; establish stronger relationship with each other and with adultmentors; developmentof a coregroupofmembers
who assumeleadershiprolesin assigned activities; increased knowledge of current events and local iss uesin
theCity, increasedunderstanding, skills, andknowledgeof schools, localgovernment, publichearingprocess, and
budgets; enhancedconfidence andskillsinpublicspeaking; understanding of leadership development; deeper appreciationofcooperation andcollaboration; and
attendance atleastonepublichearing. Separately, therewill beperiodicevaluationsbyparticipants andpartnersonthe
program and/or activities. Theseimportant“lessons
learned”willbesharedwithparticipants, community
partners, theorganization andboard. Processwillbe
7/7/22, 3:40 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A242&prop=13&status=20 8/18 evaluated through quarterly activity and budget reports.

Review and updates will be provided by MCCJ director to the board monthly.

5. Mark the box below that indicates the national objective met:

Activities Benefiting Low and Moderate-Income Persons. 570.208(a) LMA-Area Benefit. 570.208(a)(1) Area-wide activities benefit ALL residents in a particular area, where at least of the people are low and moderate-income. The service area of the project must be specifically identified. If this objective is selected, upload a service area map that includes all Census Tracts and Block Groups served by your project and a calculation of the low/mod-income percentage. Click Here to verify Census Tracts and Block Groups for CDBG LMA Service Area Map
LMC-Limited Clientele. 570.208(a)(2).

Limited Clientele. 570.208(a)(2)(i) Activities benefit low and moderate-income (LMI) persons without regard to the area being served. At least of the persons participating in the activity must be low and moderate-income. Indicate how your
organization verifies income eligibility of clients.

Presumed Benefit. 570.208(a)(2)(i)(A) Clients served are primarily and specifically from one of the following groups:

Abused children
Battered spouse
Ederly persons (62 years of age or older)
Illiterate persons
Migrant farm workers
Handicapped individuals
Homeless persons
Persons with AIDS
Client Document Review. 570.208(a)(2)(i)(b) Clients provide tax documents, pay stubs, etc., to verify income. Upload sample worksheet.

Income Certification. 570.208(a)(2)(i)(C) Clients independently "income-certify" on a form provided by the Grantee. This is primarily used for group meetings and not a preferred
method. Upload a blank "intake" form.

Limited Clientele. 570.208(a)(2)(ii) An activity that serves to remove material or architectural barriers to the mobility or accessibility of elderly persons or of adults meetig the definition of "severely disabled."
Limited Clientele. 570.208(a)(2)(iii) Microenterprise assistance activity to benefit new and existing microenterprises (five or 0 0
0 ---·-···-·
0 0
0 0
0 0
0 0
0 ---·-·-·-·
0 0
0 7/7/22, 3:40 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A242&prop=13&status=20 9/18 fewer employees, including owner who is a low-mod person).

Limited Clientele. 570.208(a)(2)(iv) A job training and placement and/or other employment support services activity, including, but not limited to peer support programs, counseling, child care, transporation and other similar services, in which the
percentage of low- and moderate-income persons assisted is less than under limited circumstances under 24 CFR 570.208(a)(2)(iv), (a) and (b).

LMH-Housing Activities. 570.208(a)(3) An activity carried out for the purpose of providing or improving permanent residential structures, which, upon completion, will be occupied by low and moderate-income households.

LMJ-Jobs Activities. 570.208(a)(4) An activity designed to create or retain permanent jobs where at least of which, computed on a fulltime equivalent (FTE) basis, involve the employment of low and moderate-income persons.

Slum and Blight. 570.208(b) Activities that aid in the prevention or elimination of slums or blight.

For addressing Slum or Blight on an area basis, please Click Here for the regulations and criteria.

Urgent Need. 570.208(c) Community development activities having an urgent need. This objective rarely applies and is reserved for alleviating emergency situations such as natural disasters.

6. Which measurable objectives does your program meet?
Improve the quality and access to programs and facilities for recreational services.

Enhance the economic well-being of all citizens through education and training
Enhance the quality and use of the physical infrastructure of Madera.

MYLSAP aligns with the following:

Provide health and wellness activities for youth such as teen activity programs and community-led activities.

Initiate campaign to increase downtown revitalization.

Project combines the two objectives to expand
opportunities to underserved youth by introducing an
intersection of art and civic engagement in a planned
fashion that brings people together and build relationships in the community. The artistic creativity, expressions and vision in tandem with collaboration are the building blocks to community development and downtown revitalization.
0 0
0 0
0 7/7/22, 3:40 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A242&prop=13&status=20 10/18

7. How will your program meet its goals in one year?
Staff coordinator will vigilantly follow the action plan and activities adopted to ensure that all the goals are attained.

Board will provide oversight.

8. What financial resources, other than City are available for this program? Have applications for other funds been
submitted? Explain. If funds other than CDBG are proposed, please provide supporting documentation/letters of
commitment.

N/A

9. Describe in detail all proposed plans for fund raising for this program. What is the projected net income from fund raising? If net fund raising is not increasing, please explain (be specific).

There are no proposed plans for fund raising at this time.

However, if opportunities arise in the future, MCCJ is
committed to pursuing them.

10. What was done to receive public input/participation? Please provide details. What did the public
input/participation identify? Include documentation of
support for the proposal such as meeting minutes, letters and petitions.

The pandemic really tamped things down. While it did not initiate a formal survey, through its many different projects at different venues and its work with other stakeholder agencies and entities in Madera over a number of years, MCCJ has been made aware of the dire need for youth
activities. In its parent classes and resource centers, participants have consistently expressed concerns about the lack of youth activities. In fact, the pandemic lay bare the lack of youth activities in the City at a time when they were force to stay at home which curtailed severely
curtailed social interaction with peers and collective
activities.

There were no records maintained that documented this
need.
7/7/22, 3:40 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A242&prop=13&status=20 11/18

11. If service is offered outside the Madera city limits, include the list of funding sources and supporting
documentation/letters of commitment that support these
program services.

N/A

12. When there is an overflow of clients, how is it
determined whom to serve?
The project is designed to be flexible. Every effort will be made to include as many youth as practicable. Those that are part of the core group will nevertheless be encouraged to participate in planned activities.

13. Discuss your program’s/project’s successes.

MCCJ has been receiving CDBG funding since 2001 for
different projects. It has received funding for its youth projects in the last ten years. All of the CDBG funded
programs over those years were successfully completed. In 2017, it received a grant to initiate a public art space in downtown Madera. As it relates to the current application, Madera Youth Leaders have engaged in a number of art
projects including: 1) a tribute to 9/11 (“Look back in tribute, go forward in unity”; 2) Cesar Chavez Day
celebration at MUSD; 3) “Paint Downtown” interactive
exhibit at Old Timers Day in the park; 4) wall mural at 126 N. B St.; 5) Black Lives street mural at same address; and 6) “We Are One” mural exhibit currently installed at the Circle Art Gallery ( https://www.youtube.com/watch?
v=Pk5vSqwUXto). See photo attachments of the
aforementioned.

14. Discuss your program’s/project’s past performance
(2015 to 2020).

MCCJ has been receiving CDBG funding since 2001 for
different projects. It has received funding for its youth projects in the last ten years. All of the CDBG funded
programs over those years were successfully completed. In 2017, it received a grant to initiate a public art space in downtown Madera. As it relates to the current application, Madera Youth Leaders have engaged in a number of art
projects including: 1) a tribute to 9/11 (“Look back in tribute, go forward in unity”; 2) Cesar Chavez Day
7/7/22, 3:40 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A242&prop=13&status=20 12/18 celebration at MUSD; 3) “Paint Downtown” interactive
exhibit at Old Timers Day in the park; 4) wall mural at 126 N. B St.; 5) Black Lives street mural at same address; and 6) “We Are One” mural exhibit currently installed at the Circle Art Gallery ( https://www.youtube.com/watch?
v=Pk5vSqwUXto). See photo attachments of the
aforementioned.

Back in 2017-8, MCCJ sponsored Zocalo Madera, a public
art space that hosted monthly events. (Funded by CDBG.) Each event was attended by over 100
participants,/attendees. Additionally, one middle school and both high school classes participated. In its Black Lives Matter street mural (2021), the total participation exceeded 150. In its 2021-22, the events (paint parties) averaged over 75 youth each. Residents of the community regularly go by the wall mural that was install to see the art work.

Street art is very popular inter-generationally but especially the younger population. One local official recently
commented that the corner of 5th and B St. is the one bright spot in the downtown.

15. Discuss how your program/project shall document that it provides either a new service or a quantifiable increase in the level of service.

Records will be kept of all participants and running
summary of activities/services undertaken.

CLIENT POPULATION

1. Indicate the total number of potential clients in
the community who require your services. 250

2. Indicate the Total number of Unduplicated
Clients you intend to serve during the term of this
proposed program/service (12 months).
250

3. If this program was funded last year, has there
been a change in the composition of the target
population to be served and/or shift in the
geographic target area?
Yes
No

4. Are income criteria used to establish eligibility for services? (If yes, attach a copy of the documentation
to establish income eligibility by household size and
household gross annual income. Acceptable forms of
Yes
No
@
0 @
0 7/7/22, 3:40 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A242&prop=13&status=20 13/18 documentation include two years of tax documents,
six months of paycheck stubs, six months of
checking and savings statements, retirement
accounts, 401(b)(3) or 401K plans, etc.

5. Is a fee schedule used?
(If yes, attach a copy of the fee schedule.)
Yes
No
Please explain your answer to #3 above. Limit your
response to the space below
AGE
0-5 35
6-12 50
13-17 155
18-34 10
35-54
55-59
60-64
65+
Total 250
GENDER
Female 150
Male 100
Total 250
Female-Headed
Households 50
Ethnic Categories* Clients
Hispanic or Latino 180
Not-Hispanic or Latino 70
Total 250
Racial Categories* Clients
American Indian or
Alaska Native
Asian 10
Black or African
American 10
Native Hawaiian or Other
Pacific Islander
White 48
Other 182
Total 250
*Public reporting burden for this collection is estimated to average 10 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing 0 @
7/7/22, 3:40 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A242&prop=13&status=20 14/18 and reviewing the collection of information. This
information is authorized by the U.S. Housing Act of 1937 as amended, the Housing and Urban Rural Recovery Act of
1983 and Housing and Community Development Technical
Amendments of 1984. This information is needed to be in compliance with OMB-mandated changes to Ethnicity and
Race categories for recording the 50059 Data Requirements to HUD. This information is considered non-sensitive and does not require any special protection.
• Hispanic or Latino. A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. The term “Spanish origin” can be used in addition to "Hispanic" or "Latino."
• Not Hispanic or Latino. A person not of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.
• American Indian or Alaska Native. A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal
affiliation or community attachment.
• Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian
subcontinent including, for example, Cambodia, China,
India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand and Vietnam.
• Black or African American. A person having origins in any of the black racial groups of Africa. Terms such as “Haitian” can be used in addition to "Black" or "African American." • Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
• White. A person having origins in any of the original peoples of Europe, the Middle East or North Africa.

E. CITIZEN PARTICIPATION:

Proposals should include evidence of citizen support for activity.

1. What was done to receive public input/participation? Please provide details. What were the outcomes?
Include documentation of support for the proposal such as meeting minutes, letters and petitions.

Through its youth work over the years beginning in 2001, 7/7/22, 3:40 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A242&prop=13&status=20 15/18 MCCJ has learned that there is a real demand and attraction by youth to street art. In the art events it has sponsored in the past 5 years, they have all been well attended and youth have overwhelmingly participated in making them a
success.

No records kept.

2. Note complaints that have been received, etc.

None.

3. Provide evidence of collaboration with other agencies within the community.

MCCJ has collaborated with the Madera Art Gallery in 2021 that was showcased as 'We Are One.' It continues to be in conversation with the council (and by extension the Madera County Art Council)about joint activities. It has also
collaborated with the art classes at various schools in the school district.

F. REFERENCES:

Please provide the name, title, company/agency,
phone and email address for three references.

Staff will contact references and obtain “Yes” and
“No” responses for the following:
• Was your experience working with this agency
successful?
• Have you seen at least one very successful project
developed by this organization/agency?
• Do you think they are doing a good job in Madera?
Name: Eddie Ocampo Title:Director
Company/Agency Self-Help
Housing
Tel. Number: 559-802-
1683
Email Address: [email protected]
Name: Ara Kelegian Title: Principal
Company/Agency Ripperdan
Community School
Tel. Number: 559-
674-0059
Email Address: [email protected]
7/7/22, 3:40 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A242&prop=13&status=20 16/18 Name: Mattie Mendez Title: Executive Director
Company/Agency CAPMC Tel. Number: 559-675-
5749
Email Address: [email protected]
SPONSORING AGENCY MANAGEMENT :

CORPORATION DIRECTORS:

How often does the Board meet? monthly
What was the average number of Board members attending
meetings last year? 6
Based on the bylaws, what is the minimum and maximum
number of seats on the Board?
Minimum: 4 Maximum: 14
Date of Incorporation: 1994
FINANCIAL:

If additional funds are received, please describe the source, the amount and provide supportingdocumentation.

N/A.

How often are financial records audited, and by whom?
bienally
Are the treasurer and/or other financial officers bonded? Yes No
If so, for how much?
List any judgments or pending lawsuits against the agency or program:

None.

List any outstanding obligations:

None.

Budget Line Item Madera Other Funding Program Total
Personnel Lines needed: 1
Coordinator $17,160 $0 $17,160
Benefits $1,565 $0 $1,565
Taxes $980 $0 $980
Subtotal
Personnel $19,705 $0 $19,705
Non-Personnel
Move-In
Assistance $0
Supplies &
Materials $1,778 $0 $1,778
Equipment $0
Communications $420 $0 $420
0 I I I
7/7/22, 3:40 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A242&prop=13&status=20 17/18 Meetings &
Convenings
$1,200 $0 $1,200
Travel &
Transportation $900 $0 $900
Training $0
Consulting $0
Evaluation $0
Other Lines needed:

Subtotal NonPersonnel $4,298 $0 $4,298
Total Personnel
& Non-Personnel $24,003 $0 $24,003
Indirect Costs $3,400 $0 $3,400
TOTAL $27,403 $0 $27,403
Proposed # of
Persons Served: 250
Cost per
Individual $110
Attachments
(Upload Instructions)
Checked attachments below are REQUIRED in order to submit your application, and your application WILL NOT be able to be submitted with missing required attachments! Please take this into consideration when timing your submission of this application. The documents you need to upload are checked below. If you have other attachments you would like to include, please check the box and, if Other, identify the Attachment in the box. If you are unable to upload any of the attachments, contact Marcela Zuniga at 559- 661-3692 or [email protected] at least one day prior to the deadline.

Attachment Link or Explanation for Missing
Attachments
Articles of Incorporation and Bylaws artofincorp.pdf
Organization Chart org_chart_2.pdf
Non-Profit Determination Letters, IRS &
State (501.3.c)
irs_501c3.pdf
Most Recent Financial Statements 2022-budget.pdf
Most Recent Audit & Findings, if any auditmccj21.pdf
Program Intake Policies Program intake policy to be developed Client Intake Form MYL_Application.docx
Evaluation Document N/A
Board Certification MCCJ_Board_Cert_5-25-22_CDBG_Application_for_City_0332_001.pdf Board Roster Board_of_Directors_LIst_2022.docx
Income Certification Form 2022incomeguideline.pdf I I I I I i ! I I D D
7/7/22, 3:40 PM City Data Services - Madera
https://www.citydataservices.net/cities/maderca/app2022arc.pl?rpt=A242&prop=13&status=20 18/18 Other -
Other -
Submitted By: Baldwin Moy
Date Signed 06/17/2022
Approved By: Marcela Zuniga
Date Signed 06/17/2022
Approval Modified By �
Date Signed //
Initially submitted: May 25, 2022 - 15:34:32
Returned to Draft 06-17-2022 by Madera
Reason: Please update the budget.

D
D
City of Madera
Grants Department
Marcela Zuniga
Grants Administrator
205 West 4th Street
Madera, CA 93637
Phone: 559-661-3692
Email: [email protected]
Program:

Agency:

CITY OF MADERA

COMMUNITY DEVELOPMENT DEPARTMENT

PROJECT PROGRESS REPORT
Highlighted entries are from the previous report. You may use the "Click to Copy" checkboxes to copy this information to the current report.

Date: IDIS #:

Agency Name: PO #:

Agency Address
Program Name: Grant Year: Report Period:

Program Description:

Prepared By: Phone #:

E-mail:

1. ACCOMPLISHMENTS
Measures Goal Q1 Q2 Q3 Q4
Year-End
Total

2. Income Data - Unduplicated PERSONS Served View AMI Table -- NOTE: Income table is pre-filled from Race/Ethnicity Presumed Beneficiary:

Q1 Q2 Q3 Q4 Year-End Total
Extremely Low Income (0 - 30% AMI)
Very Low Income (31 - 50% AMI)
Low Income (51 - 80% AMI)
Moderate Income (> 80% AMI)
TOTALS
Exhibit C
---- VAHEY CINTRAl

3. Race/Ethnicity Data - Unduplicated PERSONS Served
Characteristic Q1 Q2 Q3 Q4 Year-End Total
#
Served ?
Hisp ?
#
Served Hisp
#
Served Hisp
#
Served Hisp
#
Served Hisp
White 0 0
Black/African American 0 0
Asian 0 0
Amer. Indian/Alaskan
Native
0 0
Native Hawaiian/Pacific
Isl.
0 0
Amer. Indian/White 0 0
Asian/White 0 0
Black/White 0 0
Amer. Indian/Black 0 0
Other 0 0
TOTAL 0 0 0 0

4. Other Demographic Data
Enter number of Unduplicated PERSONS Served for each line item Q1 Q2 Q3 Q4 YTD
Homeless
Female-Headed Households
Disabled/Special Needs
Madera Residents

1. Performance and Progress
a. Restate your agency's Major Activities and Performance Measures under your contract's Scope of Work.

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b. Describe the progress that has been achieved on each activity during this reporting period.

Upload charts/tables to show supplemental cumulative numbers if helpful.

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2. Program/Project Changes
a. If you had any significant modifications in your program/project, please describe them.

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b. How did these modifications help your program/project achieve your goals and objectives? You have 2000 characters left.

3. Program/Project Problems, Challenges, or Concerns
a. Identify any agency problems, challenges, or concerns during this reporting period.

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b. How are your annual performance goals impacted by these problems, challenges, or concerns? You have 2000 characters left.

4. Program/Project Problems, Challenges, or Concerns
a. Describe the impact that your program/project has had on clients and the community - e.g., How did your program/project's activities benefit your clients and the City of Madera? How did your program/project help reduce the number of persons living in poverty? If applicable, how did your program/project provide economic opportunities for your clients?
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b. If applicable, how did your agency maintain and/or expand activities to prevent those currently housed from becoming homeless?
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Exhibit D

COMMUNITY DEVELOPMENT BLOCK GRANT CERTIFICATIONS
A. Federal Common Rule Requirements, including, but not limited to, Executive Order 11246, as amended by Executive Orders 11375 and 120860 and implementing regulations issued at 41 CFR Chapter 60; Davis-Bacon Act as amended (40 U.S.C. 276 a to a-7 and 29 CFR, Part 5); Copeland "Anti-Kick Back" Act (18 U.S.C. 874 and 29 CFR, Part 3); Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330 and 29 CFR, Part 5); Section 306 of the Clean Air Act (42 U.S.C. 0857 (h); Section 506 of the Clean Water Act (33 U.S.C. 1368); Executive Order 11738; Environmental Protection Agency Regulations (40 CFR Part 15); and applicable sections of 24 CFR 85.

Also in the common rule are mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with Energy Policy and Conservation Act (Pub L. 94 - 163 ).

B. Office of Management and Budget Circulars No. -21, A-102 revised, A-87, A-110, A-122 and A-128 as they relate to the acceptance and use of Federal funds under this program.

C. Executive Order 11063, as amended by Executive Order 11259, and implementing regulations at 24 CFR Part 107, as they relate to non-discrimination in housing.

D. The Architectural Barriers Act of 1968 ( 42 U .S.C. 4151 ).

E. Clean Air Act of 1970 (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. l 251 et seq.).

F. Bidding requirements contained in the California Public Contracts Code.

G. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations, 24 CFR Part I as it relates to prohibiting discriminatory action under any activity receiving Federal funds.

H. Provisions of the California Water Code Section 55350 et. sequens.

I. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations 24 CFR Part I as it relates to prohibiting discriminatory action under any activity receiving Federal funds.

J. Title VIII of the Civil Rights Act of 1968, (Pub. L. 90-284) as amended and implementing regulations 24 CFR l 07 as it relates to fair housing.

Page 1 of 3 ends

Madera City CouncilJuly 20, 2022

Madera City Council
July 20, 2022