Agenda packet — Madera City Council, August 3, 2022

Update 7/29/2022 at 3:00 p.m. Madera City Council Agenda Page 1 of 4 August 3, 2022

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

NOTICE AND AGENDA
Wednesday, August 3, 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: 825 3428 0298#. 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:

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
INVOCATION:

PLEDGE OF ALLEGIANCE:

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
Update 7/29/2022 at 3:00 p.m. Madera City Council Agenda Page 2 of 4 August 3, 2022
PRESENTATIONS:

1. Proclamation Recognizing August as American Muslim Appreciation and Awareness Month INTRODUCTIONS:

1. Introduction of Kristi Johnson, Grants Program Manager

2. Introduction of Will Tackett, Community Development Director A. WORKSHOP:

A-1 2022/23 Budget Workshop (Report by Kingsley Okereke) 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 – 4/6/22, 4/18/22
Recommendation: Approve the City Council Minutes of April 6, 2022 and April 18, 2022 B-2 Informational Report on Register of Audited Demands for July 9, 2022 to July 22, 2022 Recommendation: No Action Required (Report by Kingsley Okereke) B-3 Remote City Council Meetings Under Brown Act Requirements (AB 361) Recommendation: 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) B-4 Participation in the Madera County Department of Public Health Emergency Preparedness Subcommittee Hospital Preparedness Program
Recommendation: Adopt a Minute Order Approving a Letter of Participation as a Participating Member in the Madera County Department of Public Health Emergency Preparedness Subcommittee Hospital Preparedness Program and Authorizing the City Manager to sign the letter (Report by Wendy Silva) B-5 Sidewalk Improvements to Maple, Santa Cruz, and Monterey Streets Recommendation: Adopt a Minute Order Approving:
1) Acceptance of the Construction of Sidewalk Improvement – Maple Street – Santa Cruz Street – Monterey Street, CDBG Project No. B19MC060053, City Project No. R-84 2) The Recording of Notice of Completion
3) The Release of Retention 35 Days after Recording of the Notice of Completion (Report by Keith Helmuth)
B-6 Engineering Design Services for Bid Package 3 Sidewalk Improvements at Various Locations Recommendation:
1) Adopt a Resolution Approving a Consultant Services Agreement with O’Dell Engineering in the amount of $402,344 for Engineering Design Services for Bid Package Update 7/29/2022 at 3:00 p.m. Madera City Council Agenda Page 3 of 4 August 3, 2022
3 Sidewalk Improvements at Various Locations, City Project R-94, AHSC Project No. 19- AHSC-12760;
2) Adopt A Resolution Appropriating $450,000 to Fiscal Year 2022/23 Capital Projects, City Project R-94, AHSC Project No. 19-AHSC-12760 (Report by Keith Helmuth) B-7 Amendment No. 2 to the Lease Agreement between the City and Madera Cab Company Recommendation: Adopt a Resolution Approving Amendment No. 2 to the Lease Agreement between the City and Madera Cab Company for the use of office space at the Madera Intermodal Transit Center (Report by Kingsley Okereke) B-8 Federal Transit Administration Grant Application for Transit Capital Assistance Recommendation: Adopt a Resolution Authorizing Submittal of a Federal Transit Administration (FTA) Section 5307 Grant Application in the amount of $698,053 (Report by Kingsley Okereke)
B-9 Vineyard Estates Phase III-A Subdivision (Tract No. 21-S-02) Final Map and Improvement Agreement and Initiation of Annexation Proceedings into Landscape Maintenance District Recommendation: Staff recommends that the Council:
1) Adopt a Resolution:
a. Approving the Final Map for the Vineyard Estates Phase III-A Subdivision b. Approving Improvement Agreement for the Vineyard Estates Phase III-A Subdivision (Tract No. 21-S-02)
c. Authorizing staff to record the Final Map and Improvement Agreement d. Accepting the Dedication of Land for Public Use
2) Adopt a Resolution:

Initiating Proceedings Pursuant to the Landscaping and Lighting Act of 1972 for the Annexation of Property into City of Madera Landscape Maintenance District Zone of Benefit 27B, to Review the Improvements and Assessments for Fiscal year 2023/24, and Setting a Public Hearing (Report by Keith Helmuth)
B-10 Consideration of a Minute Order Acceptance of a Fee Waiver to UFW Foundation Recommendation: Adopt a Minute Order Approving a Fee Waiver to the UFW Foundation for the Rental of the Rotary Park Facilities regarding the “Farm Worker March for the Governor Signature: AB-1283” (Report by Joseph Hebert) C. PUBLIC HEARINGS: None
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Engineering Design Services for the Westberry Bridge at the Fresno River Recommendation:
1) Adopt a Resolution Approving an Engineering Consultant Services Agreement with Cornerstone Structural Engineering Group Inc. for a fee of $1,015,144 for Engineering Design Services for the Westberry Bridge and 10% Contingency 2) Adopt a Resolution Appropriating $1,250,000 in the Fiscal Year 2022/23 Capital Projects Budget for the project (Report by Keith Helmuth) D-2 Franchise Agreement with Mid Valley Disposal for the Collection, Transportation, and Recycling of Solid Waste Services
Update 7/29/2022 at 3:00 p.m. Madera City Council Agenda Page 4 of 4 August 3, 2022
Recommendation: Adopt a Resolution Approving the Proposed Agreement with Mid Valley Disposal for the Collection, Transportation, and Recycling of Solid Waste Services (Report by Arnoldo Rodriguez)
E. ADMINISTRATIVE REPORTS: None
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

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

G. CLOSED SESSION: None
ADJOURNMENT:

UPCOMING MEETING DATES:
 Wednesday, August 17, 2022
 Wednesday, September 21, 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 August 3, 2022, near the front entrances of City Hall and on the City’s website www.madera.gov at 3:00 p.m. on July 29, 2022. _______________________
Alicia Gonzales, City Clerk
August 3, 2022
Madera City Council Meeting
Agenda Item A-1
2022/23 Budget Workshop
(Report by Kingsley Okereke)
There is no written report for this item.

City of Madera City Council Minutes
205 W. 4th Street April 18, 2022
Madera, CA 93637 Page 1 of 3

Minutes of a Special Meeting of the Madera City Council April 18, 2022 Council Chambers
6:00 p.m. City Hall
The Council Chambers was open to the public. This meeting was also available for public viewing and participation through Zoom. Members of the public were also able to observe the live streamed meeting on the City’s website at www.madera.gov/live. Members of the public were able to comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID: 835 7947 8512#. 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 6:02 p.m.

ROLL CALL:

Present: Mayor Santos Garcia
Mayor Pro Tem Anita Evans, District 4
Councilmember Steve Montes, District 3
Councilmember Artemio Villegas, District 6

Absent: Councilmember Cece Gallegos, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Elsa Mejia, District 5
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Hilda Cantu Montoy, Information Services Manager Mark Souders, and Communication Specialist Joseph Carrello.

INVOCATION: Mayor Pro Tem Evans
PLEDGE OF ALLEGIANCE: Councilmember Villegas
APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY MAYOR PRO TEM EVANS. THE AGENDA APPROVED BY A 4/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBERS GALLEGOS, RODRIGUEZ, MEJIA.

ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 4 – COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
Item: B-1
Minutes for: 04/18/2022
Adopted: 08/03/2022
City of Madera City Council Minutes
205 W. 4th Street April 18, 2022
Madera, CA 93637 Page 2 of 3
PUBLIC COMMENT:

Members of the public shall have an opportunity to address the City Council regarding matters on this Agenda at the time the agenda item is called. Speakers should limit their comments to three (3) minutes.

No public comment was given. Public comment was closed.

A. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

A-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)
ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY MAYOR PRO TEM EVANS. ITEM A-1 WAS APPROVED BY A 4/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBERS GALLEGOS, RODRIGUEZ, MEJIA. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 4 – COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
RES 22-42 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
ADJOURNMENT: The meeting was adjourned at 6:10 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 April 18, 2022
Madera, CA 93637 Page 3 of 3
City of Madera City Council Minutes
205 W. 4th Street April 6, 2022
Madera, CA 93637 Page 1 of 9

Minutes of a Regular Meeting of the Madera City Council April 6, 2022 Council Chambers
6:00 p.m. City Hall
The Council Chambers was open to the public. This meeting was also available for public viewing and participation through Zoom. Members of the public were also able to observe the live streamed meeting on the City’s website at www.madera.gov/live. Members of the public were able to comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID: 832 4575 0984. 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 Anita Evans, District 4
Councilmember Cece Gallegos, District 1
Councilmember Jose Rodriguez, District 2 (Arrived at 6:03 p.m.) 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, Interim Director of Financial Services Anthony Forestiere, Fire Division Chief Matt Watson, Grants Administrator Marcela Zuniga, Human Resources Director Wendy Silva, Information Services Manager Mark Souders, Interim Parks Director Joseph Hebert, Planning Manager Gary Conte, Police Chief Dino Lawson, Interim Public Works Director Dan Foss, Deputy City Engineer Ellen Bitter, Senior Civil Engineer Steve Bettencourt, Assistant Planner Ricardo Olea, Finance Consultant Vicki Crow, Senior Planner Robert Smith, and Communication Specialist Joseph Carrello.

INVOCATION: Rabbi Paul Gordon, Congregation Beth Jacob
PLEDGE OF ALLEGIANCE: Councilmember Montes
APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY MAYOR PRO TEM EVANS, THE AGENDA AND DECIDING TO MOVE ITEM B-5 TO THE NEXT MEETING WAS APPROVED BY A 7/0 VOTE.

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

Item: B-1
Minutes for: 04/06/2022
Adopted: 08/03/2022 I
City of Madera City Council Minutes
205 W. 4th Street April 6, 2022
Madera, CA 93637 Page 2 of 9
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:

Two community members spoke regarding garage sale signs. They stated that they were unaware they couldn’t put signs on neighboring lawns even with the property owners permission. They asked about the garage sale rules and stated they had not seen anything about garage sales in the newsletter that is included in the utility bill. Mayor Garcia stated that Council couldn’t address their concerns at that time as it was not on the agenda. He directed them to Police Chief Lawson who was in the back of the room and advised that Chief Lawson would be able to assist them.

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)

2. Proclamation Recognizing Pisk Family Celebration Day

3. Proclamation Recognizing the Month of April as Sexual Assault Awareness Month

4. Madera County Historical Society Certificate of Recognition 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 City of Madera City Council Minutes
205 W. 4th Street April 6, 2022
Madera, CA 93637 Page 3 of 9
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.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, THE CONSENT CALENDAR WAS APPROVED BY A 7/0 VOTE EXCEPT FOR ITEM B-1 WHICH WAS APPROVED BY A 6/1 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN: COUNCILMEMBER MEJIA ABSTAINED FROM ITEM B-1.

THE MOTION FOR ALL ITEMS EXCEPT B-1 PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES
MAYOR PRO TEM EVANS (ABSTAINED FROM ITEM B-1)

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
B-1 Minutes – 08/18/21, 10/28/21
Recommendation: Approve the City Council Minutes of August 18, 2021 and October 28, 2021 B-2 Informational Report on Register of Audited Demands for March 5, 2022 to March 25, 2022 Recommendation: No Action Required (Report by Anthony Forestiere) B-3 Informational Report on Contract City Attorney Services and Litigation Expenditures Recommendation: This report is submitted for informational purposes only and there is no action from the City Council (Report by Arnoldo Rodriguez) B-4 Agreement with Prudential Overall Supply for Uniform Rental and Laundry Services Recommendation: Adopt a Resolution Approving an Agreement for Prudential Overall Supply to Provide Uniform Rental and Laundry Services to the City (Report by Daniel Foss)
RES 22-36 A RESOLUTION OF THE CITY COUNCIL OF MADERA, CALIFORNIA

APPROVING AN AGREEMENT WITH PRUDENTIAL OVERALL SUPPLY FOR

UNIFORM RENTAL AND LAUNDRY SERVICES
B-5 Madera Americans with Disabilities Act (ADA) Advisory Council Bylaws Recommendation: Adopt a Resolution Amending the Madera ADA Advisory Council Bylaws (Report by Wendy Silva)
This item was moved to the next meeting date.

City of Madera City Council Minutes
205 W. 4th Street April 6, 2022
Madera, CA 93637 Page 4 of 9
B-6 Ratification of Revisions to COVID-19 Emergency Policy No. 2 Recommendation: Adopt a Minute Order Ratifying Issuance of Revised COVID-19 Emergency Policy No. 2: COVID-19 Paid Leave by the City Manager in his role as Director of Emergency Services (Report by Wendy Silva)
B-7 Second Reading and Adoption of 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

Recommendation: Waive Full Reading and Adopt 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) ORD 988 C.S. 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
C. PUBLIC HEARINGS:

C-1 Torres Way General Plan Amendment (GPA 2021-01) and related Negative Declaration (ENV 2021-64)
Recommendation: Conduct a Public Hearing, Make the Necessary Findings, and Adopt a Resolution Adopting the Initial Study/Negative Declaration and Approve a General Plan Land Use Designation Amendment from LD (Low Density Residential) to HD (High Density Residential) (Report by Gary Conte)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM C-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 22-37 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA ADOPTING

THE INITIAL STUDY/NEGATIVE DECLARATION UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT AND APPROVING THE AMENDMENT OF City of Madera City Council Minutes
205 W. 4th Street April 6, 2022
Madera, CA 93637 Page 5 of 9

THE GENERAL PLAN LAND USE DESIGNATION AT THE WEST SIDE OF

TORRES WAY BETWEEN WEST LINCOLN AVENUE AND WEST SOUTH

STREET FROM THE LD (LOW DENSITY) TO HD (HIGH DENSITY)
C-2 Rezone Property Located at 801 South Gateway
Recommendation: Conduct a Public Hearing, Make Necessary Findings, and Waive Full Reading and Introduce an Ordinance Rezoning Approximately 0.27 acres at 801 South Gateway Drive (APN 011-111-005) from an I – Industrial Zone district to a C2 – Heavy Commercial Zone District (Report by Gary Conte)

ON MOTION BY COUNCILMEMBER RODRIGUEZ 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 THE OFFICIAL CITY OF MADERA ZONING MAP TO REZONE APPROXIMATELY 0.27 ACRES OF PROPERTY LOCATED AT 801 SOUTH GATEWAY DRIVE (APN: 011-111-005) FROM THE I – INDUSTRIAL TO THE C2 – HEAVY COMMERCIAL ZONE DISTRICT
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Update on Water, Sewer, Storm Drainage and Solid Waste Rate Studies, Confirmation of Direction on Utility Rate increases and Consideration of a Resolution Approving a Date for Prop 218 Public Hearing for Water, Sewer, Storm Drainage and Solid Waste Rate Increases Recommendation: Staff recommends that the Council, after considering the information presented, adopt a resolution accepting the rate study relating to water, sewer, storm drainage and solid waste; authorizing required actions under Proposition 218; and setting Proposition 218 public hearing date of June 15, 2022 to consider rates (Report by Anthony Forestiere)

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

ABSTAIN: NONE.

City of Madera City Council Minutes
205 W. 4th Street April 6, 2022
Madera, CA 93637 Page 6 of 9
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 22-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, 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
D-2 Amending the Municipal Code to Remove the Superseded Section Relating to the Appointment Process for Members of the Civil Service Commission Recommendation: Waive further reading and introduce an ordinance amending §2-2.303 of Title II of the Madera Municipal Code relating to the Civil Service Commission (Report by Wendy Silva)

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER MONTES, ITEM D-2 WAS APPROVED BY A 6/1 VOTE. NOES: NONE. ABSENT:

COUNCILMEMBER RODRIGUEZ. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
ABSENT: 1 - COUNCILMEMBER RODRIGUEZ

INTRO ORD AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA AMENDING SECTION 2-2.303 OF TITLE II, CHAPTER 2 OF THE

MADERA MUNICIPAL CODE RELATING TO THE CIVIL SERVICE

COMMISSION
City of Madera City Council Minutes
205 W. 4th Street April 6, 2022
Madera, CA 93637 Page 7 of 9
D-3 Consultant Services Agreement with Blair, Church, and Flynn Consulting Engineers for Design Services for Shoulder Paving and Sidewalks
Recommendation:
1) Adopt a Resolution Approving a Consultant Services Agreement with Blair, Church, and Flynn Consulting Engineers, Inc. in the amount of $264,750 for Engineering Design Services for Shoulder Paving on Raymond Road - City Project R-37, Storey Road – City Project R-60, Pecan Avenue – City Project R-67, and Sidewalks on Schnoor Avenue – City Project R-58, and Washington School area – City Project R93; and 2) Adopt a Resolution Approving Funding Amendment Appropriating $75,000 to the City of Madera Fiscal Year (FY) 2021/22 Capital Projects Budget for the Engineering Design Services for Shoulder Paving on Raymond Road - City Project R-37, Storey Road – City Project R-60, Pecan Avenue – City Project R-67, and Sidewalks on Schnoor Avenue – City Project R-58, and Washington School area – City Project R-93 (Report by Keith Helmuth)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM D-3 (1 & 2) WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE.

ABSTAIN: NONE.

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
RES 22-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING A CONSULTANT SERVICES AGREEMENT WITH

BLAIR, CHURCH AND FLYNN CONSULTING ENGINEERS, INC IN THE AMOUNT OF $264,750.00 FOR ENGINEERING DESIGN SERVICES FOR SHOULDER PAVING ON RAYMOND ROAD - CITY PROJECT R-37, STOREY ROAD - CITY PROJECT R-60, PECAN AVENUE - CITY PROJECT R-67, AND SIDEWALKS ON SCHNOOR AVENUE - CITY PROJECT R-58, AND
WASHINGTON SCHOOL AREA - CITY PROJECT R-93
RES 22-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, APPROVING FUNDING AMENDMENT APPROPRIATING $75,000 TO THE CITY OF MADERA FISCAL YEAR (FY) 2021/22 CAPITAL PROJECTS BUDGET

FOR THE ENGINEERING DESIGN SERVICES FOR SHOULDER PAVING ON RAYMOND ROAD - CITY PROJECT R-37, STOREY ROAD - CITY PROJECT R60, AND SIDEWALKS ON SCHNOOR AVENUE - CITY PROJECT R-58, AND WASHINGTON SCHOOL AREA - CITY PROJECT R-93
City of Madera City Council Minutes
205 W. 4th Street April 6, 2022
Madera, CA 93637 Page 8 of 9
D-4 Contract Award for Groundwater Monitoring Well Installation services for the Wastewater Treatment Plant
Recommendation: Adopt a Resolution Approving the Contract Award for Groundwater Monitoring Well Installation Services, WWTP Project No. 20-01, in the amount of $234,000 to Maggiora Brothers Drilling, Inc. (Report by Daniel Foss)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, ITEM D-4 WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE.

ABSTAIN: NONE.

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
RES 22-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING THE AWARD OF THE CONTRACT FOR THE

CONSTRUCTION OF GROUNDWATER MONITORING WELLS AT THE
WASTEWATER TREATMENT PLANT PROJECT NO. 20-01 TO MAGGIORA BROTHERS DRILLING INC., IN THE AMOUNT OF $234,000 AND

AUTHORIZING CONSTRUCTION CONTINGENCIES RELATING TO THE

CONTRACT
E. ADMINISTRATIVE REPORTS: None
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

Councilmember Gallegos mentioned a ribbon cutting for Fire Station 58 that took place on March 30th and thanked the Police and Fire Departments for their participation in making it a successful event. She also mentioned the Lion’s Club Annual 100th Anniversary 5k Run that took place April 2nd and stated that Madera Police Department Lieutenant Arnold’s son finished in first place.

Councilmember Rodriguez thanked the community for attending the ribbon-cutting for Station 58 and thanked Chief Watson for hosting the event. He stated that he was in agreement with item D2.

City of Madera City Council Minutes
205 W. 4th Street April 6, 2022
Madera, CA 93637 Page 9 of 9
Councilmember Montes thanked the community for attending the Station 58 ribbon cutting. He mentioned some of the construction projects taking place in the community and thanked Staff for their efforts in making these improvements
Mayor Pro Tem Evans thanked the community for attending the Station 58 ribbon cutting. She mentioned the ribbon cutting for Boot Barn that took place April 1st and welcomed them to Madera.

Mayor Pro Tem Evans encouraged those in attendance and the community to follow COVID-19 guidelines concerning vaccinations.

Councilmember Mejia had nothing to report.

Councilmember Villegas had nothing to report.

Mayor Garcia thanked everyone in attendance and thanked Staff for a job well done.

G. CLOSED SESSION: None.

ADJOURNMENT: The meeting was adjourned at 8:06 p.m.

ALICIA GONZALES, City Clerk SANTOS GARCIA, Mayor
________________________________________

MINUTES PREPARED BY
ZELDA LEON, Deputy City Clerk

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: August 3, 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 July 9, 2022 to July 22, 2022 SUMMARY:

The Register of Audited Demands for the City covering obligations paid during the period of July 9, 2022 to July 22, 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 33354– 33540 $9,272,975.66
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes Union Bank $720,104.91
SDI EDD $2,828.92
CalPERS Payment CalPERS $126,083.26
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 33354 07/12/2022 ENGINEERING ENGINEERING ACRO SERVICE CORPORATION TEMP SERVICES ‐ ENGINEERING 4,800.00 $ 33354 07/12/2022 PLANNING PLANNING ACRO SERVICE CORPORATION CONSULTING SERVICES ‐ PLANNING 1,800.00 $ 33355 07/12/2022 FINANCE PAYROLL TRUST COURT ORDERED DEBT COLLECTIONS COURT ORDERED DEBT COLLECTION 26.61 $ 33356 07/12/2022 FINANCE PAYROLL TRUST CA DEPARTMENT OF CHILD SUPPORT CHILD SUPPORT DEDUCTIONS $ 1,661.49 33357 07/12/2022 PD OPS MEAS K ‐ PD HARRY D. WILSON INC. BMW 1250 ‐ OIL CHANGE 208.34 $ 33358 07/12/2022 FINANCE PAYROLL TRUST MID‐MGMT EMPLOYEE GROUP 06/22 MONTHLY DUES 520.00 $ 33359 07/12/2022 PARKS ADMIN SPORTS PROGRAMS J & D MANUFACTURING LIL HOOPSTERS BASKETBALL SHIRTS 273.87 $33359 07/12/2022 PARKS ADMIN SPORTS PROGRAMS J & D MANUFACTURING TINY TIKES TRACK AND FIELD 178.61 $ 33359 07/12/2022 PARKS ADMIN SPORTS PROGRAMS J & D MANUFACTURING COED SOFTBALL CHAMP SHIRTS 182.94 $33360 07/12/2022 PD OPS SUPP LAW ENF LEATHAM FAMILY, LLC BADGE ORDER 160.73 $ 33361 07/12/2022 PD OPS PD OPS TIM J LAW EMPLOYMENT BACKGROUND 700.00 $ 33362 07/12/2022 IS COMPUTER MAINT ZOHO CORPORATION MANAGE ENGINE NETWORK TOOLS MAINT 6,187.00 $ 33363 07/12/2022 PD OPS SUPP LAW ENF PACIFIC STORAGE COMPANY SHREDDING SERVICES 332.00 $ 33364 07/12/2022 GRANTS CDBG PUB IMPR HABITAT FOR HUMANITY FRESNO INC. CDBG 20‐21 HOME REPAIR PROGRAM 27,435.94 $ 33364 07/12/2022 GRANTS CDBG PUB IMPR HABITAT FOR HUMANITY FRESNO INC. CDBG 21‐22 EXTERIOR PAINT PROGRAM 6,273.40 $ 33365 07/12/2022 CITY CLERK CITY CLERK GENERAL LOGISTICS SYSTEMS US INC OVERNIGHT MAIL TO CITY ATTORNEY 7.93 $ 33366 07/12/2022 ENGINEERING WATER CAPITAL DAVIDS ENGINEERING, INC. GSP ANNUAL REPORT 819.25 $ 33367 07/12/2022 FLEET MAINT TRANS ‐ FIXED MADERA GLASS AND BODY, INC. BUS DECAL WRAP REMOVALS 276.48 $33367 07/12/2022 FLEET MAINT MEAS T ‐TRANSIT MADERA GLASS AND BODY, INC. BUS DECAL WRAP REMOVALS 1,011.52 $33368 07/12/2022 FINANCE AIRPORT OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/01/22‐06/15/22 130.38 $ 33368 07/12/2022 FINANCE ANIMAL CONTROL VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/01/22‐06/15/22 361.90 $ 33368 07/12/2022 FINANCE BUILDING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/01/22‐06/15/22 119.18 $ 33368 07/12/2022 FINANCE CODE ENF VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/01/22‐06/15/22 415.36 $ 33368 07/12/2022 FINANCE DRAINAGE VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/01/22‐06/15/22 544.93 $ 33368 07/12/2022 FINANCE ENGINEERING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/01/22‐06/15/22 246.96 $ 33368 07/12/2022 FINANCE FACILITIES MAINT VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/01/22‐06/15/22 737.52 $ 33368 07/12/2022 FINANCE FLEET MAINT VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/01/22‐06/15/22 109.56 $ 33368 07/12/2022 FINANCE FLEET MOTOR POOL VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/01/22‐06/15/22 77.85 $ 33368 07/12/2022 FINANCE GRAFFITI ABATE VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/01/22‐06/15/22 1,031.57 $ 33368 07/12/2022 FINANCE PARKS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/01/22‐06/15/22 4,645.52 $ 33368 07/12/2022 FINANCE STREETS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/01/22‐06/15/22 2,175.17 $ 33368 07/12/2022 FINANCE SEWER OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/01/22‐06/15/22 1,191.86 $ 33368 07/12/2022 FINANCE STREET CLEANING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/01/22‐06/15/22 2,626.70 $ 33368 07/12/2022 FINANCE TRANS ‐ FIXED VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/01/22‐06/15/22 2,372.42 $

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 ‐ UNION BANK GENERAL ACCOUNT August 3, 2022

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33368 07/12/2022 FINANCE TRANS ‐ DAR VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/01/22‐06/15/22 2,158.55 $ 33368 07/12/2022 FINANCE WATER OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/01/22‐06/15/22 2,009.08 $ 33368 07/12/2022 FINANCE WATER QUALITY VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/01/22‐06/15/22 736.27 $ 33368 07/12/2022 FINANCE WWTP VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/01/22‐06/15/22 346.80 $ 33368 07/12/2022 FINANCE PD OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/01/22‐06/15/22 9,507.18 $ 33368 07/12/2022 FIRE FIRE VAN DE POL ENTERPRISES, INC. FUEL CDF ‐ BULK DIESEL 4,974.80 $33368 07/12/2022 FIRE FIRE VAN DE POL ENTERPRISES, INC. FUEL CDF ‐ 06/01/22‐06/15/22 798.76 $33369 07/12/2022 PD OPS SUPP LAW ENF LAW DOG K9 BOARD & CARE ‐ RIGGO 3,000.00 $ 33370 07/12/2022 GRANTS CDBG PUBLIC SVC OLIVE CHARITABLE ORGANIZATION CDBG 21‐22 APR 2022 2,111.16 $ 33370 07/12/2022 GRANTS CDBG PUBLIC SVC OLIVE CHARITABLE ORGANIZATION CDBG 21‐22 MAR 2022 3,930.40 $ 33371 07/12/2022 PLANNING PLANNING CALIFORNIA STTE UNIVERSITY BAKERSFIELD RECORDS REQUEST 300.00 $ 33372 07/12/2022 PD OPS SUPP LAW ENF CINTAS CORPORATION MEDICAL SUPPLIES 98.11 $ 33373 07/12/2022 PARKS AQUATICS PROGRM KATIE ELIZABETH BORBOA LIFEGUARD CERTIFICATION ‐ TRAINING 600.00 $33374 07/12/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. WEEKLY SAMPLING 1,140.00 $ 33375 07/12/2022 FINANCE SEWER OPS AT&T 06/22 FIRSTNET SVS 9391031570 211.65 $ 33375 07/12/2022 FINANCE PD OPS AT&T 06/22 FIRSTNET SVS 9391020514 167.08 $ 33376 07/12/2022 FINANCE BUILDING AT&T 03/22 FIRSTNET SERVICE 287302656036 39.47 $ 33376 07/12/2022 FINANCE CITY CLERK AT&T 03/22 FIRSTNET SERVICE 287302656036 68.86 $ 33376 07/12/2022 FINANCE CITY COUNCIL AT&T 03/22 FIRSTNET SERVICE 287302656036 214.48 $ 33376 07/12/2022 FINANCE CODE ENF AT&T 03/22 FIRSTNET SERVICE 287302656036 39.47 $ 33376 07/12/2022 FINANCE COMPUTER MAINT AT&T 03/22 FIRSTNET SERVICE 287302656036 683.82 $ 33376 07/12/2022 FINANCE ENGINEERING AT&T 03/22 FIRSTNET SERVICE 287302656036 145.20 $ 33376 07/12/2022 FINANCE FACILITIES MAINT AT&T 03/22 FIRSTNET SERVICE 287302656036 507.23 $ 33376 07/12/2022 FINANCE FINANCE AT&T 03/22 FIRSTNET SERVICE 287302656036 78.94 $ 33376 07/12/2022 FINANCE FLEET MAINT AT&T 03/22 FIRSTNET SERVICE 287302656036 34.43 $ 33376 07/12/2022 FINANCE GRANT OVERSIGHT AT&T 03/22 FIRSTNET SERVICE 287302656036 39.47 $ 33376 07/12/2022 FINANCE HR/RISK MGT AT&T 03/22 FIRSTNET SERVICE 287302656036 39.47 $33376 07/12/2022 FINANCE PARKS AT&T 03/22 FIRSTNET SERVICE 287302656036 39.47 $ 33376 07/12/2022 FINANCE STREETS AT&T 03/22 FIRSTNET SERVICE 287302656036 39.47 $ 33376 07/12/2022 FINANCE UB ‐ GARBAGE AT&T 03/22 FIRSTNET SERVICE 287302656036 8.60 $ 33376 07/12/2022 FINANCE UB ‐ SEWER AT&T 03/22 FIRSTNET SERVICE 287302656036 8.61 $ 33376 07/12/2022 FINANCE UB ‐ WATER AT&T 03/22 FIRSTNET SERVICE 287302656036 17.22 $ 33376 07/12/2022 FINANCE WWTP AT&T 03/22 FIRSTNET SERVICE 287302656036 39.47 $ 33376 07/12/2022 FINANCE MEAS K ‐ PD AT&T 03/22 FIRSTNET SERVICE 287302656036 70.11 $ 33376 07/12/2022 FINANCE CITY MANAGER AT&T 03/22 FIRSTNET SERVICE 287302656036 39.47 $ 33376 07/12/2022 FINANCE PD OPS AT&T 03/22 FIRSTNET SERVICE 287302965625 764.19 $ 33377 07/12/2022 GRANTS INTERMODAL BLDG ARAMARK UNIFORM SERVICES JANITORIAL CLEANING/MATS ‐ TRANSIT 336.20 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33377 07/12/2022 PD OPS SUPP LAW ENF ARAMARK UNIFORM SERVICES MATS ‐ PD 25.00 $ 33377 07/12/2022 PD OPS PD OPS ARAMARK UNIFORM SERVICES MATS ‐ PD 25.00 $ 33378 07/12/2022 PD OPS PD OPS CA DEPARTMENT OF JUSTICE MISCELLANEOUS SERVICES 04/22‐06/22 1,876.98 $ 33378 07/12/2022 PD OPS PD OPS CA DEPARTMENT OF JUSTICE 05/22 BLOOD ALCOHOL ANALYSIS 2,275.00 $ 33379 07/12/2022 PW ADMIN FACILITIES MAINT CA DEPARTMENT OF TRANSPORTATION SHARED COST ‐ SIGNAL 273.01 $ 33380 07/12/2022 FINANCE PAYROLL TRUST COLONIAL LIFE & ACCIDENT INSURANCE CO EE LIFE INSURANCE 789.65 $ 33381 07/12/2022 PD OPS PD OPS COMMUNITY MEDICAL CENTER SAFE EXAM 900.00 $ 33382 07/12/2022 HR HR/RISK MGT CPS HR CONSULTING ADMIN ASSISTANT EXAM 305.00 $33383 07/12/2022 WWTP WWTP DAHL‐BECK ELECTRIC REBUILD INFLUENT PUMP #1 25,395.79 $33384 07/12/2022 GRANTS TRANSIT CENTER DIAMOND COMMUNICATIONS FIRE ALARM MONITORING ‐ TRANSIT 80.00 $ 33384 07/12/2022 PW ADMIN ENGINEERING DIAMOND COMMUNICATIONS DOOR ANNUNCIATOR ‐ ENG 273.87 $ 33385 07/12/2022 ENGINEERING MEAS T ‐ RTP EMMETT'S EXCAVATION, INC. 20/21 SB1 (RMRA) SEALS & OVERLAYS 26,206.76 $ 33385 07/12/2022 ENGINEERING GAS TAX ‐ STREET EMMETT'S EXCAVATION, INC. 20/21 SB1 (RMRA) SEALS & OVERLAYS 311,657.89 $ 33386 07/12/2022 PARKS COMM & REC ENVIRO CLEAN FLOOR MACHINE CLEANER & REPAIR 364.43 $ 33387 07/12/2022 PW ADMIN FACILITIES MAINT FASTENAL COMPANY WRENCHES FOR STREET LIGHTS 657.24 $ 33388 07/12/2022 PW ADMIN WATER QUALITY HERNANDEZ, JOANN REIMBURSEMENT ‐ BUSINESS EXTRAVAGANZA 21.96 $ 33389 07/12/2022 PW ADMIN DRAINAGE INDUSTRIAL ELECTRICAL CO. GENERATOR MAINTENANCE ‐ PW 1,207.15 $ 33390 07/12/2022 PW ADMIN FACILITIES MAINT JAM SERVICES INC TRAFFIC SIGNAL LIGHTS 571.56 $ 33391 07/12/2022 HR GENERAL FUND KAISER FOUNDATION HEALTH PLAN MEDICARE SUPPLEMENT PREMIUM 07/22‐06/23 1,032.00 $ 33392 07/12/2022 HR INS/RISK MGT LIEBERT CASSIDY WHITMORE LEGAL FEES 266.00 $33393 07/12/2022 FINANCE PAYROLL TRUST M A C E A 06/22 MONTHLY DUES 1,775.00 $ 33394 07/12/2022 FINANCE PAYROLL TRUST M.C.E.A. 06/22 MONTHLY DUES 290.00 $ 33395 07/12/2022 PARKS PARKS ADMIN MADERA CHAMBER OF COMMERCE MADERA BUSINESS EXTRAVAGANZA 200.00 $ 33396 07/12/2022 GRANTS CDBG PUBLIC SVC MADERA COALITION FOR COMM JUSTICE CDBG 21‐22 ART PROGRAM Q3 10/22‐03/22 3,494.24 $ 33396 07/12/2022 GRANTS CDBG PUBLIC SVC MADERA COALITION FOR COMM JUSTICE CDBG 21‐22 RENTAL ASSIST Q3 13,515.58 $ 33397 07/12/2022 FINANCE PD OPS MADERA COUNTY TREASURER 05/22 COUNTY'S PORTION OF PARKING PENALTIES $ 889.00 33398 07/12/2022 IS COMPUTER MAINT MADERA COUNTY ESRI TRAINING 1,550.00 $33399 07/12/2022 GRANTS CDBG PUBLIC SVC MADERA COUNTY E D C CDBG CV JUNE 2022 5,000.00 $ 33400 07/12/2022 FINANCE PAYROLL TRUST M P O A 06/22 MONTHLY DUES 6,585.44 $ 33401 07/12/2022 WATER OPS WATER OPS MADERA PUMPS, INC. WELL #34 MAINTENANCE 270.00 $ 33402 07/12/2022 GRANTS CDBG PUBLIC SVC MADERA RESCUE MISSION, INC. CDBG 21‐22 APR 2022 1,646.67 $33403 07/12/2022 ENGINEERING ENGINEERING MADERA TRIBUNE REQUEST FOR BID ‐ ENG 117.00 $33403 07/12/2022 ENGINEERING MEAS T ‐ ENVIRO MADERA TRIBUNE REQUEST FOR BID ‐ ENG 720.00 $33403 07/12/2022 PARKS PARKS ADMIN MADERA TRIBUNE RECRUITMENT AD ‐ REC COMM COORDINATOR 76.00 $ 33403 07/12/2022 PD OPS PD OPS MADERA TRIBUNE RECRUITMENT AD ‐ PUBLIC SAFETY DISPATCHER 57.00 $ 33404 07/12/2022 PD OPS SUPP LAW ENF MADERA UNIFORM & ACCESSORIES UNIFORM ACCESSORIES 969.11 $ 33405 07/12/2022 FINANCE CFD DEBT FUND ‐ 2006 BWILLDAN FINANCIAL SERVICES CDF 2005‐1 & 2006‐1 ANNEXATION #10 2,704.26 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33406 07/12/2022 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 06/22 SERVICE 8126770647‐1 318.20 $ 33406 07/12/2022 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 2.56 $ 33406 07/12/2022 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 (52.86) $ 33406 07/12/2022 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 99.23 $ 33406 07/12/2022 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 06/22 SERVICE 3819620697‐3 104.94 $ 33406 07/12/2022 FINANCE AQUATICS PROGRM PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 3,282.41 $ 33406 07/12/2022 FINANCE CENTRAL ADMIN PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 377.91 $ 33406 07/12/2022 FINANCE CENTRAL ADMIN PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 883.12 $ 33406 07/12/2022 FINANCE CENTRAL ADMIN PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 1,067.82 $ 33406 07/12/2022 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 06/22 SERVICE 8307681856‐2 837.05 $ 33406 07/12/2022 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 2,534.70 $ 33406 07/12/2022 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 526.63 $ 33406 07/12/2022 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 13,985.78 $ 33406 07/12/2022 FINANCE DRAINAGE PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 852.01 $ 33406 07/12/2022 FINANCE DRAINAGE PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 (41.14) $ 33406 07/12/2022 FINANCE DRAINAGE PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 976.41 $ 33406 07/12/2022 FINANCE ENGINEERING PACIFIC GAS & ELECTRIC 06/22 SERVICE 2000655655‐7 1,806.90 $ 33406 07/12/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 06/22 SERVICE 3352588453‐3 125.61 $ 33406 07/12/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 06/22 SERVICE 3499945233‐6 96.73 $ 33406 07/12/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 06/22 SERVICE 1619119913‐8 73.58 $ 33406 07/12/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 06/22 SERVICE 6690755760‐8 86.03 $ 33406 07/12/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 06/22 SERVICE 3642526071‐2 47.81 $ 33406 07/12/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 2,439.03 $ 33406 07/12/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 22,643.06 $ 33406 07/12/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 27,440.89 $ 33406 07/12/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 06/22 SERVICE 7949615676‐5 15.75 $ 33406 07/12/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 06/22 SERVICE 8178280304‐3 128.19 $ 33406 07/12/2022 FINANCE FIRE PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 150.43 $ 33406 07/12/2022 FINANCE FIRE PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 1,250.70 $ 33406 07/12/2022 FINANCE FIRE PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 1,530.92 $ 33406 07/12/2022 FINANCE INTERMODAL BLDG PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 661.86 $ 33406 07/12/2022 FINANCE INTERMODAL BLDG PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 802.99 $ 33406 07/12/2022 FINANCE PARKING DIST OPS PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 190.70 $ 33406 07/12/2022 FINANCE PARKING DIST OPS PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 145.38 $ 33406 07/12/2022 FINANCE PARKING DIST OPS PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 178.31 $ 33406 07/12/2022 FINANCE PARKS PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 4,464.55 $ 33406 07/12/2022 FINANCE PARKS PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 2,031.08 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33406 07/12/2022 FINANCE PARKS PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 3,249.35 $ 33406 07/12/2022 FINANCE RECREATION PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 13,593.71 $ 33406 07/12/2022 FINANCE SEWER OPS PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 255.95 $ 33406 07/12/2022 FINANCE SEWER OPS PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 1,751.25 $ 33406 07/12/2022 FINANCE SEWER OPS PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 2,001.49 $ 33406 07/12/2022 FINANCE SOLID WASTE PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 133.87 $ 33406 07/12/2022 FINANCE SOLID WASTE PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 171.66 $ 33406 07/12/2022 FINANCE SOLID WASTE PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 158.21 $ 33406 07/12/2022 FINANCE SR CITIZEN COMM PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 (3.54) $ 33406 07/12/2022 FINANCE SR CITIZEN COMM PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 (3.72) $ 33406 07/12/2022 FINANCE SR CITIZEN COMM PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 45.37 $ 33406 07/12/2022 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 33,366.39 $ 33406 07/12/2022 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 96,376.97 $ 33406 07/12/2022 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 109,544.85 $ 33406 07/12/2022 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 06/22 SERVICE 9172110863‐6 21,115.13 $ 33406 07/12/2022 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 06/22 SERVICE 9651992016‐7 137.91 $ 33406 07/12/2022 FINANCE WWTP PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 27.02 $ 33406 07/12/2022 FINANCE WWTP PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 102.45 $ 33406 07/12/2022 FINANCE WWTP PACIFIC GAS & ELECTRIC 06/22 SERVICE 1902328695‐8 24.64 $ 33406 07/12/2022 FINANCE ZONE 24 PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 46.94 $ 33406 07/12/2022 FINANCE ZONE 24 PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 (38.43) $ 33406 07/12/2022 FINANCE ZONE 24 PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 11.11 $ 33406 07/12/2022 FINANCE ZONE 26 PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 (0.64) $ 33406 07/12/2022 FINANCE ZONE 31A PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 (1.13) $ 33406 07/12/2022 FINANCE ZONE 31A PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 (117.58) $ 33406 07/12/2022 FINANCE ZONE 31A PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 30.97 $ 33406 07/12/2022 FINANCE ZONE 20B PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 (77.60) $ 33406 07/12/2022 FINANCE ZONE 20B PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 21.44 $ 33406 07/12/2022 FINANCE ZONE 27B PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 (38.36) $ 33406 07/12/2022 FINANCE ZONE 27B PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 11.19 $ 33406 07/12/2022 FINANCE ZONE 2 PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 (193.13) $ 33406 07/12/2022 FINANCE ZONE 2 PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 54.63 $ 33406 07/12/2022 FINANCE ZONE 3 PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 (156.41) $ 33406 07/12/2022 FINANCE ZONE 3 PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 41.64 $ 33406 07/12/2022 FINANCE ZONE 31B PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 (117.58) $ 33406 07/12/2022 FINANCE ZONE 31B PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 30.97 $ 33406 07/12/2022 FINANCE ZONE 4 PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 (38.21) $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33406 07/12/2022 FINANCE ZONE 4 PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 11.37 $ 33406 07/12/2022 FINANCE ZONE 6A PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 (182.66) $ 33406 07/12/2022 FINANCE ZONE 6A PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 66.42 $ 33406 07/12/2022 FINANCE ZONE 29C PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 (38.18) $ 33406 07/12/2022 FINANCE ZONE 29C PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 11.38 $ 33406 07/12/2022 FINANCE ZONE 8 PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 (180.75) $ 33406 07/12/2022 FINANCE ZONE 8 PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 68.25 $ 33406 07/12/2022 FINANCE ZONE 16 PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 (75.91) $ 33406 07/12/2022 FINANCE ZONE 16 PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 23.19 $ 33406 07/12/2022 FINANCE ZONE 13 PACIFIC GAS & ELECTRIC 04/22 SERVICE 3533032414‐2 19.22 $ 33406 07/12/2022 FINANCE ZONE 13 PACIFIC GAS & ELECTRIC 05/22 SERVICE 3533032414‐2 128.58 $ 33406 07/12/2022 FINANCE PD OPS PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 5,181.04 $ 33407 07/12/2022 PD OPS CODE ENF PECK'S PRINTERY NOTICE OF VIOLATION FORMS 388.62 $ 33407 07/12/2022 PD OPS PD OPS PECK'S PRINTERY EMERGENCY PROTECTIVE ORDER 636.51 $ 33408 07/12/2022 FINANCE FINANCE PHOENIX GROUP INFO SYS 05/22 CITATIONS 306.35 $ 33409 07/12/2022 FINANCE CFD DEBT ‐ 2006 PITNEY BOWES, INC. POSTAGE MACHINE LEASE 03/22‐06/22 54.24 $ 33409 07/12/2022 FINANCE WATER OPS PITNEY BOWES, INC. POSTAGE MACHINE LEASE 03/22‐06/22 271.23 $ 33409 07/12/2022 FINANCE WWTP PITNEY BOWES, INC. POSTAGE MACHINE LEASE 03/22‐06/22 108.49 $ 33410 07/12/2022 PW ADMIN SEWER OPS STATE WATER RESOURCES CONTROL BOARD EXAM FEES ‐ D3 100.00 $ 33411 07/12/2022 FINANCE PAYROLL TRUST STATE OF CALIFORNIA FRANCHISE TAX DEDUCTIONS 200.00 $ 33412 07/12/2022 PARKS PARKS TECH. MASTER PEST MANAGEMENT SQUIRREL CONTROL ‐ MILLVIEW 400.00 $ 33412 07/12/2022 PARKS PARKS TECH. MASTER PEST MANAGEMENT GOPHER CONTROL ‐ LTC 150.00 $33413 07/12/2022 ENGINEERING LTF ‐ STREETS UNION PACIFIC RAILROAD CO. PLAN REVIEW ‐ POST 183.0‐184.0 261.00 $ 33414 07/12/2022 FINANCE PAYROLL TRUST VANTAGEPOINT TRANSFER AGENTS‐457 EE DEFERRED COMP CONTRIBUTIONS 27,071.76 $ 33415 07/12/2022 ENGINEERING ENGINEERING YAMABE & HORN ENGINEERING PROFESSIONAL ENGINEERING SERVICES 760.00 $33416 07/12/2022 FINANCE PARKING DIST OPS OVERPAYMENTS REFUND OVERPAYMENT ON CITE #40611 127.00 $33417 07/12/2022 PW ADMIN WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE 3,000.00 $ 33418 07/12/2022 PW ADMIN WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE 2,119.00 $33419 07/12/2022 BUILDING BUILDING BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 259.71 $ 33419 07/12/2022 BUILDING GENERAL FUND BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 1.50 $ 33420 07/12/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARKS DEPOSIT REFUND ‐ LTC PAVILION 50.00 $33421 07/12/2022 PARKS SPORTS PROGRAMS OTP‐ PARKS REFUNDS REFUND ‐ REGISTERED FOR WRONG CLASS 120.00 $33422 07/12/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY SHELTER #1 50.00 $ 33423 07/12/2022 PARKS SPORTS PROGRAMS OTP‐ PARKS REFUNDS SPORTS CANCELLATION REFUND 60.00 $ 33424 07/12/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY SHELTER #3 50.00 $33425 07/12/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY PAVILION 50.00 $33426 07/12/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY PAVILION 50.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33427 07/12/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARKS DEPOSIT REFUND ‐ LTC PICNIC AREA 1 50.00 $ 33428 07/12/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY SHELTER #2 50.00 $ 33429 07/12/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1345 COLOMBARD 258.54 $ 33430 07/12/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM 2820 MERLOT 598.25 $ 33431 07/12/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB 1302 MERCED 109.49 $ 33432 07/12/2022 FINANCE WATER FUND OTP‐ UB REFUNDS DEPOSIT FROM MAIS TO MUNIS 155.56 $ 33433 07/12/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 2018 RIVERVIEW 144.16 $ 33434 07/12/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 2648 PEAR TREE 11.61 $33435 07/12/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB 402 MAINBERRY 12.50 $ 33436 07/12/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 3354 SUMMER 39.66 $ 33437 07/12/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 3033 DESERT RANCH 18.94 $33438 07/12/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 408 ELM 169.64 $33439 07/12/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 913 E LINCOLN 36.45 $ 33440 07/20/2022 ENGINEERING ENGINEERING ACRO SERVICE CORPORATION TEMP SERVICES ‐ SENIOR ENGINEER 7,200.00 $ 33441 07/20/2022 PW ADMIN AIRPORT OPS SERVICEMASTER BY J&C BROWN 07/22 JANITORIAL SERVICES 276.16 $ 33441 07/20/2022 PW ADMIN CENTRAL ADMIN SERVICEMASTER BY J&C BROWN 07/22 JANITORIAL SERVICES 3,224.32 $ 33441 07/20/2022 PW ADMIN COMM & REC SERVICEMASTER BY J&C BROWN 07/22 JANITORIAL SERVICES 5,626.09 $ 33441 07/20/2022 PW ADMIN ENGINEERING SERVICEMASTER BY J&C BROWN 07/22 JANITORIAL SERVICES 2,472.33 $33441 07/20/2022 PW ADMIN FINANCE SERVICEMASTER BY J&C BROWN 07/22 JANITORIAL SERVICES 217.25 $33441 07/20/2022 PW ADMIN INTERMODAL BLDG SERVICEMASTER BY J&C BROWN 07/22 JANITORIAL SERVICES 513.12 $33441 07/20/2022 PW ADMIN SEWER OPS SERVICEMASTER BY J&C BROWN 07/22 JANITORIAL SERVICES 672.81 $ 33441 07/20/2022 PW ADMIN SOLID WASTE SERVICEMASTER BY J&C BROWN 07/22 JANITORIAL SERVICES 672.82 $ 33441 07/20/2022 PW ADMIN UB ‐ GARBAGE SERVICEMASTER BY J&C BROWN 07/22 JANITORIAL SERVICES 217.26 $33441 07/20/2022 PW ADMIN UB ‐ SEWER SERVICEMASTER BY J&C BROWN 07/22 JANITORIAL SERVICES 217.26 $33441 07/20/2022 PW ADMIN UB ‐ WATER SERVICEMASTER BY J&C BROWN 07/22 JANITORIAL SERVICES 434.49 $33441 07/20/2022 PW ADMIN WATER QUALITY SERVICEMASTER BY J&C BROWN 07/22 JANITORIAL SERVICES 206.73 $ 33441 07/20/2022 PW ADMIN WWTP SERVICEMASTER BY J&C BROWN 07/22 JANITORIAL SERVICES 805.05 $33441 07/20/2022 PW ADMIN TRANSIT CENTER SERVICEMASTER BY J&C BROWN 07/22 JANITORIAL SERVICES 1,627.13 $ 33441 07/20/2022 PW ADMIN PD OPS SERVICEMASTER BY J&C BROWN 07/22 JANITORIAL SERVICES 4,265.58 $33442 07/20/2022 FINANCE PAYROLL TRUST COURT ORDERED DEBT COLLECTIONS COURT ORDERED DEBT COLLECTION 26.61 $ 33443 07/20/2022 FINANCE PAYROLL TRUST CA DEPARTMENT OF CHILD SUPPORT CHILD SUPPORT DEDUCTIONS $ 1,661.49 33444 07/20/2022 PARKS ADMIN PARKS ADMIN J & D MANUFACTURING CITY BRANDED DEPT APPAREL 4,672.07 $33445 07/20/2022 IS COMPUTER MAINT ZOHO CORPORATION INTRUSION DETECTION 18,255.13 $33446 07/20/2022 IS COMPUTER MAINT GOVCONNECTION, INC. DOCKING STATIONS 2,163.70 $33447 07/20/2022 CITY CLERK CITY CLERK GENERAL LOGISTICS SYSTEMS US INC OVERNIGHT MAIL $ 7.9833447 07/20/2022 CITY CLERK PURCHASING GENERAL LOGISTICS SYSTEMS US INC OVERNIGHT MAIL $ 7.98 33448 07/20/2022 PARKS PARKS ELITE MAINTENANCE AND TREE SERVICE 06/22 NON‐MEDIAN MAINTENANCE GROUP 2 5,070.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33448 07/20/2022 PARKS MEDIAN LANDS ELITE MAINTENANCE AND TREE SERVICE 06/22 MEDIAN MAINTENANCE GROUP 3 11,215.00 $ 33448 07/20/2022 PARKS PARKING DIST OPS ELITE MAINTENANCE AND TREE SERVICE 06/22 DOWNTOWN MAINTENANCE GROUP 1 455.00 $33449 07/20/2022 AIRPORT OPS AIRPORT OPS CALIFORNIA CONSTRUCTION SURVEYING, INC. 06/22 PROFESSIONAL SERVICES 2,000.00 $ 33450 07/20/2022 GRANTS CALTRANS ‐ TRANSIT WSP USA INC. 06/22 MADERA TRANSIT PLAN CONSULTING 8,481.36 $ 33451 07/20/2022 IS COMPUTER MAINT ZONES IT SOLUTIONS INC UPS BATTERIES 9,828.18 $ 33452 07/20/2022 HR HR/RISK MGT ALLIANT INSURANCE SERVICES, INC. CONSULTING SvS ‐ HEALTH/ WELFARE BENEFITS 3,750.00 $ 33453 07/20/2022 FLEET MAINT FLEET MAINT CENTRAL COATING COMPANY, INC. ROOF REPAIR 2,205.00 $33454 07/20/2022 CITY CLERK CITY COUNCIL EVANS, ANITA REIMB UBER FEES DURING 05/22 CONFERENCE 48.25 $ 33455 07/20/2022 FINANCE FINANCE CA DEPT OF TAX AND FEE ADMINISTRATION SALES AND USE TAX PAYABLE FY 20/21 32.76 $ 33456 07/20/2022 FINANCE GENERAL FUND CA DEPT OF TAX AND FEE ADMINISTRATION SALES AND USE TAX PAYABLE FY 21/22 2.72 $ 33456 07/20/2022 FINANCE MEAS K ‐ FIRE CA DEPT OF TAX AND FEE ADMINISTRATION SALES AND USE TAX PAYABLE FY 21/22 (464.94) $ 33456 07/20/2022 FINANCE SOLID WASTE CA DEPT OF TAX AND FEE ADMINISTRATION SALES AND USE TAX PAYABLE FY 21/22 5.65 $ 33456 07/20/2022 FINANCE WATER FUND CA DEPT OF TAX AND FEE ADMINISTRATION SALES AND USE TAX PAYABLE FY 21/22 13.32 $ 33456 07/20/2022 FINANCE SEWER FUND CA DEPT OF TAX AND FEE ADMINISTRATION SALES AND USE TAX PAYABLE FY 21/22 1,474.88 $ 33456 07/20/2022 FINANCE FIXED ROUTE CA DEPT OF TAX AND FEE ADMINISTRATION SALES AND USE TAX PAYABLE FY 21/22 29.30 $ 33456 07/20/2022 FINANCE EQUIPMENT MAINT CA DEPT OF TAX AND FEE ADMINISTRATION SALES AND USE TAX PAYABLE FY 21/22 35.46 $ 33456 07/20/2022 FINANCE FACILITIES MAINT CA DEPT OF TAX AND FEE ADMINISTRATION SALES AND USE TAX PAYABLE FY 21/22 25.48 $ 33456 07/20/2022 FINANCE COMPUTER MAINT CA DEPT OF TAX AND FEE ADMINISTRATION SALES AND USE TAX PAYABLE FY 21/22 1,496.80 $ 33456 07/20/2022 FINANCE LTF CA DEPT OF TAX AND FEE ADMINISTRATION SALES AND USE TAX PAYABLE FY 21/22 (2.23) $ 33456 07/20/2022 FINANCE TRANSIT CENTER CA DEPT OF TAX AND FEE ADMINISTRATION SALES AND USE TAX PAYABLE FY 21/22 7.64 $ 33456 07/20/2022 FINANCE LOCAL LAW ENFORCE CA DEPT OF TAX AND FEE ADMINISTRATION SALES AND USE TAX PAYABLE FY 21/22 566.77 $ 33456 07/20/2022 FINANCE GENERAL ‐ GRANTS CA DEPT OF TAX AND FEE ADMINISTRATION SALES AND USE TAX PAYABLE FY 21/22 22.67 $ 33456 07/20/2022 FINANCE SA ADMIN CA DEPT OF TAX AND FEE ADMINISTRATION SALES AND USE TAX PAYABLE FY 21/22 (3.53) $ 33456 07/20/2022 FINANCE AFFORD HOUSING CA DEPT OF TAX AND FEE ADMINISTRATION SALES AND USE TAX PAYABLE FY 21/22 0.01 $ 33457 07/20/2022 PW ADMIN STREETS O&E TRANSPORTATION LLC RIVER CLEAN UP SERVICES 06/13/22‐06/16/22 5,950.00 $ 33457 07/20/2022 PW ADMIN STREETS O&E TRANSPORTATION LLC RIVER CLEAN UP SERVICES 06/20/22‐06/24/22 9,200.00 $ 33457 07/20/2022 PW ADMIN STREETS O&E TRANSPORTATION LLC RIVER CLEAN UP SERVICES 06/27/22‐06/30/22 7,100.00 $ 33458 07/20/2022 CENTRAL ADMIN CENTRAL ADMIN MESA ENERGY SYSTEMS, INC HVAC MAINTENANCE ‐ CITY HALL 1,068.16 $ 33459 07/20/2022 FLEET MAINT FLEET MAINT GERARDO YANEZ TOOL ALLOWANCE REIMBURSEMENT 300.00 $ 33460 07/20/2022 IS COMPUTER MAINT PLANETBIDS, INC. PLANET BIDS SOFTWARE 5,875.00 $ 33461 07/20/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. WEEKLY SAMPLING 1,140.00 $ 33461 07/20/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. MONTHLY SAMPLING 510.00 $ 33462 07/20/2022 FINANCE BUILDING AT&T 06/22 CALNET 3 SVS 9391031559 20.05 $ 33462 07/20/2022 FINANCE BUILDING AT&T 06/22 CALNET 3 SERVICES 9391026390 63.26 $ 33462 07/20/2022 FINANCE BUILDING AT&T 06/22 CALNET 3 SERVICES 9391031577 24.92 $ 33462 07/20/2022 FINANCE CENTRAL ADMIN AT&T 06/22 CALNET 3 SERVICES 9391026406 20.75 $33462 07/20/2022 FINANCE CITY ATTORNEY AT&T 06/22 CALNET 3 SVS 9391031559 7.51 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33462 07/20/2022 FINANCE CITY ATTORNEY AT&T 06/22 CALNET 3 SVS 9391026388 43.39 $ 33462 07/20/2022 FINANCE CITY ATTORNEY AT&T 06/22 CALNET 3 SERVICES 9391026390 18.03 $ 33462 07/20/2022 FINANCE CITY ATTORNEY AT&T 06/22 CALNET 3 SERVICES 9391031577 7.10 $ 33462 07/20/2022 FINANCE CITY CLERK AT&T 06/22 CALNET 3 SVS 9391031559 5.01 $33462 07/20/2022 FINANCE CITY CLERK AT&T 06/22 CALNET 3 SERVICES 9391026390 18.03 $ 33462 07/20/2022 FINANCE CITY CLERK AT&T 06/22 CALNET 3 SERVICES 9391031577 7.10 $ 33462 07/20/2022 FINANCE CODE ENF AT&T 06/22 CALNET 3 SVS 9391026413 22.29 $ 33462 07/20/2022 FINANCE COMM & REC AT&T 06/22 CALNET 3 SERVICES 9391026391 274.14 $ 33462 07/20/2022 FINANCE COMPUTER MAINT AT&T 06/22 CALNET 3 SVS 9391031559 2.50 $ 33462 07/20/2022 FINANCE COMPUTER MAINT AT&T 06/22 CALNET 3 SERVICES 9391026390 36.14 $33462 07/20/2022 FINANCE COMPUTER MAINT AT&T 06/22 CALNET 3 SERVICES 9391031577 14.24 $33462 07/20/2022 FINANCE ENGINEERING AT&T 06/22 CALNET 3 SVS 9391031559 37.60 $33462 07/20/2022 FINANCE ENGINEERING AT&T 06/22 CALNET 3 SERVICES 9391026390 126.51 $ 33462 07/20/2022 FINANCE ENGINEERING AT&T 06/22 CALNET 3 SERVICES 9391031577 49.83 $ 33462 07/20/2022 FINANCE FACILITIES MAINT AT&T 06/22 CALNET 3 SVS 9391031564 14.73 $ 33462 07/20/2022 FINANCE FACILITIES MAINT AT&T 06/22 CALNET 3 SERVICES 9391026394 25.57 $ 33462 07/20/2022 FINANCE FINANCE AT&T 06/22 CALNET 3 SVS 9391031559 25.07 $ 33462 07/20/2022 FINANCE FINANCE AT&T 06/22 CALNET 3 SERVICES 9391026390 99.40 $ 33462 07/20/2022 FINANCE FINANCE AT&T 06/22 CALNET 3 SERVICES 9391031577 39.15 $ 33462 07/20/2022 FINANCE FINANCE AT&T 06/22 CALNET 3 SERVICES 9391026406 20.75 $ 33462 07/20/2022 FINANCE FLEET MAINT AT&T 06/22 CALNET 3 SVS 9391031564 9.82 $ 33462 07/20/2022 FINANCE FLEET MAINT AT&T 06/22 CALNET 3 SERVICES 9391026394 17.07 $33462 07/20/2022 FINANCE GRANT OVERSIGHT AT&T 06/22 CALNET 3 SVS 9391031559 12.54 $33462 07/20/2022 FINANCE GRANT OVERSIGHT AT&T 06/22 CALNET 3 SERVICES 9391026390 36.14 $33462 07/20/2022 FINANCE GRANT OVERSIGHT AT&T 06/22 CALNET 3 SERVICES 9391031577 14.24 $33462 07/20/2022 FINANCE HR/RISK MGT AT&T 06/22 CALNET 3 SVS 9391031559 7.51 $ 33462 07/20/2022 FINANCE HR/RISK MGT AT&T 06/22 CALNET 3 SERVICES 9391026390 27.05 $ 33462 07/20/2022 FINANCE HR/RISK MGT AT&T 06/22 CALNET 3 SERVICES 9391031577 10.65 $ 33462 07/20/2022 FINANCE PARKS AT&T 06/22 CALNET 3 SERVICES 9391026412 165.66 $ 33462 07/20/2022 FINANCE PARKS ADMIN AT&T 06/22 CALNET 3 SVS 9391031580 260.95 $ 33462 07/20/2022 FINANCE PLANNING AT&T 06/22 CALNET 3 SVS 9391031559 12.54 $ 33462 07/20/2022 FINANCE PLANNING AT&T 06/22 CALNET 3 SERVICES 9391026390 45.16 $ 33462 07/20/2022 FINANCE PLANNING AT&T 06/22 CALNET 3 SERVICES 9391031577 17.79 $ 33462 07/20/2022 FINANCE STREETS AT&T 06/22 CALNET 3 SVS 9391031564 24.58 $ 33462 07/20/2022 FINANCE STREETS AT&T 06/22 CALNET 3 SERVICES 9391026394 42.65 $ 33462 07/20/2022 FINANCE SEWER OPS AT&T 06/22 CALNET 3 SVS 9391031564 17.20 $ 33462 07/20/2022 FINANCE SEWER OPS AT&T 06/22 CALNET 3 SERVICES 9391026394 29.84 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33462 07/20/2022 FINANCE SEWER OPS AT&T 06/22 CALNET 3 SERVICES 9391026410 43.18 $ 33462 07/20/2022 FINANCE SOLID WASTE AT&T 06/22 CALNET 3 SVS 9391031564 19.69 $33462 07/20/2022 FINANCE SOLID WASTE AT&T 06/22 CALNET 3 SERVICES 9391026394 34.10 $33462 07/20/2022 FINANCE SR CITIZEN COMM AT&T 06/22 CALNET 3 SVS 9391026415 61.94 $33462 07/20/2022 FINANCE UB ‐ GARBAGE AT&T 06/22 CALNET 3 SVS 9391031559 6.68 $33462 07/20/2022 FINANCE UB ‐ GARBAGE AT&T 06/22 CALNET 3 SVS 9391031564 4.91 $33462 07/20/2022 FINANCE UB ‐ GARBAGE AT&T 06/22 CALNET 3 SERVICES 9391026394 8.52 $ 33462 07/20/2022 FINANCE UB ‐ GARBAGE AT&T 06/22 CALNET 3 SERVICES 9391026390 29.36 $ 33462 07/20/2022 FINANCE UB ‐ GARBAGE AT&T 06/22 CALNET 3 SERVICES 9391031577 11.56 $ 33462 07/20/2022 FINANCE UB ‐ SEWER AT&T 06/22 CALNET 3 SVS 9391031559 6.68 $ 33462 07/20/2022 FINANCE UB ‐ SEWER AT&T 06/22 CALNET 3 SVS 9391031564 4.91 $ 33462 07/20/2022 FINANCE UB ‐ SEWER AT&T 06/22 CALNET 3 SERVICES 9391026394 8.52 $ 33462 07/20/2022 FINANCE UB ‐ SEWER AT&T 06/22 CALNET 3 SERVICES 9391026390 29.36 $ 33462 07/20/2022 FINANCE UB ‐ SEWER AT&T 06/22 CALNET 3 SERVICES 9391031577 11.56 $ 33462 07/20/2022 FINANCE UB ‐ WATER AT&T 06/22 CALNET 3 SVS 9391031559 13.37 $ 33462 07/20/2022 FINANCE UB ‐ WATER AT&T 06/22 CALNET 3 SVS 9391031564 9.84 $ 33462 07/20/2022 FINANCE UB ‐ WATER AT&T 06/22 CALNET 3 SERVICES 9391026393 69.18 $ 33462 07/20/2022 FINANCE UB ‐ WATER AT&T 06/22 CALNET 3 SERVICES 9391026394 17.07 $ 33462 07/20/2022 FINANCE UB ‐ WATER AT&T 06/22 CALNET 3 SERVICES 9391026390 58.84 $ 33462 07/20/2022 FINANCE UB ‐ WATER AT&T 06/22 CALNET 3 SERVICES 9391031577 23.18 $ 33462 07/20/2022 FINANCE UB ‐ WATER AT&T 06/22 CALNET 3 SERVICES 9391026392 46.04 $ 33462 07/20/2022 FINANCE WATER OPS AT&T 06/22 CALNET 3 SVS 9391031564 22.11 $ 33462 07/20/2022 FINANCE WATER OPS AT&T 06/22 CALNET 3 SERVICES 9391026394 38.36 $ 33462 07/20/2022 FINANCE WATER QUALITY AT&T 06/22 CALNET 3 SVS 9391031564 9.82 $ 33462 07/20/2022 FINANCE WATER QUALITY AT&T 06/22 CALNET 3 SERVICES 9391026394 17.07 $ 33462 07/20/2022 FINANCE WWTP AT&T 06/22 CALNET 3 SVS 9391031564 14.73 $33462 07/20/2022 FINANCE WWTP AT&T 06/22 CALNET 3 SERVICES 9391026394 25.57 $33462 07/20/2022 FINANCE WWTP AT&T 06/22 CALNET 3 SERVICES 9391026417 32.33 $ 33462 07/20/2022 FINANCE CITY MANAGER AT&T 06/22 CALNET 3 SVS 9391031559 10.02 $33462 07/20/2022 FINANCE CITY MANAGER AT&T 06/22 CALNET 3 SERVICES 9391026390 18.03 $33462 07/20/2022 FINANCE CITY MANAGER AT&T 06/22 CALNET 3 SERVICES 9391031577 7.10 $33462 07/20/2022 FINANCE PURCHASING AT&T 06/22 CALNET 3 SVS 9391031564 14.74 $33462 07/20/2022 FINANCE PURCHASING AT&T 06/22 CALNET 3 SERVICES 9391026394 25.57 $33462 07/20/2022 FINANCE PAYROLL CLEARING AT&T 06/22 CALNET 3 SVS 9391026413 22.29 $ 33462 07/20/2022 FINANCE PD OPS AT&T 06/22 CALNET 3 SVS 9391031561 167.08 $ 33462 07/20/2022 FINANCE PD OPS AT&T 06/22 CALNET 3 SERVICES 9391031579 236.74 $33462 07/20/2022 FINANCE PD OPS AT&T 06/22 CALNET 3 SERVICES 9391026411 172.82 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33462 07/20/2022 FINANCE PD OPS AT&T 06/22 CALNET 3 SERVICES 9391026414 343.16 $33463 07/20/2022 FINANCE AIRPORT OPS AT&T 06/22 CALNET 3 SERVICES 9391026409 22.86 $33463 07/20/2022 FINANCE AQUATICS PROGRM AT&T 06/22 CALNET 3 SERVICES 9391026397 20.76 $33463 07/20/2022 FINANCE BUILDING AT&T 06/22 CALNET 3 SERVICES 9391026407 22.43 $ 33463 07/20/2022 FINANCE FIRE AT&T 06/22 CALNET 3 SERVICES 9391026402 22.43 $ 33463 07/20/2022 FINANCE HR/RISK MGT AT&T 06/22 CALNET 3 SERVICES 9391026400 22.43 $ 33463 07/20/2022 FINANCE SR CITIZEN COMM AT&T 06/22 CALNET 3 SVS 9391026389 22.43 $ 33463 07/20/2022 FINANCE SR CITIZEN COMM AT&T 06/22 CALNET 3 SERVICES 9361026395 22.43 $33463 07/20/2022 FINANCE WWTP AT&T 06/22 CALNET 3 SERVICES 9391026405 22.05 $33464 07/20/2022 ENGINEERING WATER CAPITAL AKEL ENGINEERING GROUP, INC. WATER UTILITY DESIGN 10TH ST WATER MAIN 405.00 $ 33465 07/20/2022 FINANCE AIRPORT OPS ARAMARK UNIFORM SERVICES 06/22 UNIFORM SERVICES 32.84 $ 33465 07/20/2022 FINANCE CENTRAL ADMIN ARAMARK UNIFORM SERVICES 06/22 UNIFORM SERVICES 110.56 $ 33465 07/20/2022 FINANCE ENGINEERING ARAMARK UNIFORM SERVICES 06/22 UNIFORM SERVICES 30.08 $ 33465 07/20/2022 FINANCE FACILITIES MAINT ARAMARK UNIFORM SERVICES 06/22 UNIFORM SERVICES 428.04 $ 33465 07/20/2022 FINANCE FLEET MAINT ARAMARK UNIFORM SERVICES 06/22 UNIFORM SERVICES 162.80 $ 33465 07/20/2022 FINANCE PARKS ARAMARK UNIFORM SERVICES 06/22 UNIFORM SERVICES 282.88 $ 33465 07/20/2022 FINANCE STREETS ARAMARK UNIFORM SERVICES 06/22 UNIFORM SERVICES 621.92 $ 33465 07/20/2022 FINANCE SEWER OPS ARAMARK UNIFORM SERVICES 06/22 UNIFORM SERVICES 215.20 $33465 07/20/2022 FINANCE UB ‐ WATER ARAMARK UNIFORM SERVICES 06/22 UNIFORM SERVICES 22.32 $ 33465 07/20/2022 FINANCE WATER OPS ARAMARK UNIFORM SERVICES 06/22 UNIFORM SERVICES 210.40 $ 33465 07/20/2022 FINANCE WATER QUALITY ARAMARK UNIFORM SERVICES 06/22 UNIFORM SERVICES 116.16 $ 33465 07/20/2022 FINANCE WWTP ARAMARK UNIFORM SERVICES 06/22 UNIFORM SERVICES 326.00 $ 33466 07/20/2022 HR HR/RISK MGT CA DEPARTMENT OF JUSTICE PRE‐EMPLOYMENT LIVESCAN APPS 800.00 $ 33466 07/20/2022 HR HR/RISK MGT CA DEPARTMENT OF JUSTICE PRE‐EMPLOYMENT FINGERPRINT APPS 320.00 $ 33467 07/20/2022 FINANCE AIRPORT OPS CA DEPARTMENT OF TRANSPORTATION AIRPORT HANGER LOAN PYMT ‐ MAD‐1‐06‐L‐7 28,480.00 $ 33468 07/20/2022 FINANCE GENERAL FUND CALPERS UNFUNDED ACCRUED LIABILITY CONTRIBUTION 4,658,324.00 $ 33469 07/20/2022 PURCHASING AIRPORT OPS CANON FINANCIAL SERVICES COPIER LEASE MAY & JUNE 2022 73.61 $ 33469 07/20/2022 PURCHASING BUILDING CANON FINANCIAL SERVICES COPIER LEASE MAY & JUNE 2022 181.48 $33469 07/20/2022 PURCHASING CITY CLERK CANON FINANCIAL SERVICES COPIER LEASE MAY & JUNE 2022 83.90 $ 33469 07/20/2022 PURCHASING CODE ENF CANON FINANCIAL SERVICES COPIER LEASE MAY & JUNE 2022 541.25 $ 33469 07/20/2022 PURCHASING ENGINEERING CANON FINANCIAL SERVICES COPIER LEASE MAY & JUNE 2022 162.37 $ 33469 07/20/2022 PURCHASING FINANCE CANON FINANCIAL SERVICES COPIER LEASE MAY & JUNE 2022 829.19 $33469 07/20/2022 PURCHASING HR/RISK MGT CANON FINANCIAL SERVICES COPIER LEASE MAY & JUNE 2022 157.51 $ 33469 07/20/2022 PURCHASING PARKS ADMIN CANON FINANCIAL SERVICES COPIER LEASE MAY & JUNE 2022 586.71 $33469 07/20/2022 PURCHASING PLANNING CANON FINANCIAL SERVICES COPIER LEASE MAY & JUNE 2022 227.31 $33469 07/20/2022 PURCHASING SEWER OPS CANON FINANCIAL SERVICES COPIER LEASE MAY & JUNE 2022 82.28 $ 33469 07/20/2022 PURCHASING SOLID WASTE CANON FINANCIAL SERVICES COPIER LEASE MAY & JUNE 2022 82.28 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33469 07/20/2022 PURCHASING TRANS ‐ FIXED CANON FINANCIAL SERVICES COPIER LEASE MAY & JUNE 2022 83.90 $33469 07/20/2022 PURCHASING TRANS ‐ DAR CANON FINANCIAL SERVICES COPIER LEASE MAY & JUNE 2022 83.90 $33469 07/20/2022 PURCHASING WATER OPS CANON FINANCIAL SERVICES COPIER LEASE MAY & JUNE 2022 82.28 $ 33469 07/20/2022 PURCHASING WATER QUALITY CANON FINANCIAL SERVICES COPIER LEASE MAY & JUNE 2022 64.95 $ 33469 07/20/2022 PURCHASING WWTP CANON FINANCIAL SERVICES COPIER LEASE MAY & JUNE 2022 73.61 $ 33469 07/20/2022 PURCHASING PD OPS CANON FINANCIAL SERVICES COPIER LEASE MAY & JUNE 2022 525.59 $ 33470 07/20/2022 HR AIRPORT OPS CSJVRMA 1SR QUARTER DEPOSIT FY 22/23 78,371.41 $ 33470 07/20/2022 HR CENTRAL ADMIN CSJVRMA 1SR QUARTER DEPOSIT FY 22/23 340,325.18 $ 33470 07/20/2022 HR FIRE CSJVRMA 1SR QUARTER DEPOSIT FY 22/23 22,545.20 $ 33470 07/20/2022 HR FLEET MAINT CSJVRMA 1SR QUARTER DEPOSIT FY 22/23 28,986.69 $ 33470 07/20/2022 HR INTERMODAL BLDG CSJVRMA 1SR QUARTER DEPOSIT FY 22/23 2,147.16 $ 33470 07/20/2022 HR PARKS CSJVRMA 1SR QUARTER DEPOSIT FY 22/23 1,073.58 $ 33470 07/20/2022 HR PAYROLL TRUST CSJVRMA 1SR QUARTER DEPOSIT FY 22/23 460,085.00 $ 33470 07/20/2022 HR STREETS CSJVRMA 1SR QUARTER DEPOSIT FY 22/23 6,441.49 $ 33470 07/20/2022 HR SEWER OPS CSJVRMA 1SR QUARTER DEPOSIT FY 22/23 28,986.69 $33470 07/20/2022 HR SOLID WASTE CSJVRMA 1SR QUARTER DEPOSIT FY 22/23 19,324.44 $ 33470 07/20/2022 HR STREET CLEANING CSJVRMA 1SR QUARTER DEPOSIT FY 22/23 5,367.91 $ 33470 07/20/2022 HR WATER OPS CSJVRMA 1SR QUARTER DEPOSIT FY 22/23 158,889.99 $ 33470 07/20/2022 HR WWTP CSJVRMA 1SR QUARTER DEPOSIT FY 22/23 317,779.98 $ 33470 07/20/2022 HR PD OPS CSJVRMA 1SR QUARTER DEPOSIT FY 22/23 63,341.28 $ 33471 07/20/2022 FINANCE PAYROLL TRUST COLONIAL LIFE & ACCIDENT INSURANCE CO EE LIFE INSURANCE 789.65 $ 33472 07/20/2022 FINANCE PD OPS COMCAST 07/22 SVS 8155500320092096 155.03 $ 33473 07/20/2022 HR HR/RISK MGT CONCENTRA MEDICAL CENTERS PRE‐EMPLOYMENT PHYSICAL 397.00 $ 33474 07/20/2022 FLEET ACQUISITIONFLEET ACQUISITION COOK'S COMMUNICATIONS PD UNITS #6030 #6031 UP‐FIT PARTS AND LABOR 11,776.40 $ 33475 07/20/2022 GRANTS TRANSIT CENTER DIAMOND COMMUNICATIONS FIRE ALARM MONITORING ‐ TRANSIT 80.00 $ 33475 07/20/2022 PW ADMIN SEWER OPS DIAMOND COMMUNICATIONS 07/22 TELEPHONE ANSWERING SERVICE 115.00 $ 33475 07/20/2022 COMM & REC CENTCOMM & REC DIAMOND COMMUNICATIONS JOHN WELLS CENTER FIRE ALARM INSPECTIONS 784.50 $ 33475 07/20/2022 COMM & REC CENTCOMM & REC DIAMOND COMMUNICATIONS FIRE ALARM MONITORING ‐ JWYC 08/22‐10/22 336.00 $33475 07/20/2022 COMM & REC CENTCOMM & REC DIAMOND COMMUNICATIONS FIRE ALARM MONITORING ‐ PAN AM 36.00 $ 33476 07/20/2022 PD OPS PD OPS ESTEVES, BRIAN TUITION REIMBURSEMENT FY 21/22 1,947.00 $ 33477 07/20/2022 FACILITIES FACILITIES MAINT FASTENAL COMPANY TOOLS ‐ SG PNT TREE BURR 68.00 $ 33478 07/20/2022 BUILDING BUILDING FIRE SAFETY SOLUTIONS, LLC FIRE PROTECTION SVS 06/16/22‐06/30/22 20,180.00 $ 33479 07/20/2022 PD OPS PD OPS GAONA, JUAN TUITION REIMBURSEMENT 918.00 $ 33480 07/20/2022 HR INS/RISK MGT LIEBERT CASSIDY WHITMORE LEGAL FEES 3,366.00 $33481 07/20/2022 RECREATION AQUATICS PROGRM CHARLES LUECKER, AUTHORIZED SIGNER CHLORINE FOR POOL 3,041.50 $ 33482 07/20/2022 FINANCE FINANCE MUNISERVICES, LLC SUTA TAX 4TH QTR FY 21/22 1,302.39 $ 33483 07/20/2022 WATER OPS WATER CONSERV CITY OF MADERA TOILET REPLACEMENT REBATE ‐ 9898734 100.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33483 07/20/2022 WATER OPS WATER CONSERV CITY OF MADERA TOILET & INSTALL REBATE ‐ 9913461 199.00 $ 33483 07/20/2022 WATER OPS WATER CONSERV CITY OF MADERA TOILET AND INSTALL REBATE ‐ 9918195 169.15 $ 33483 07/20/2022 WATER OPS WATER CONSERV CITY OF MADERA SMART IRRIGATIN CONTROLLER REBATE‐9894051 67.60 $ 33483 07/20/2022 WATER OPS WATER CONSERV CITY OF MADERA MULCH REPLACEMENT REBATE ‐ 7898362 32.00 $ 33484 07/20/2022 ENGINEERING ENGINEERING MADERA TRIBUNE LMD ANNEXATION NOTICES AD 299.00 $ 33484 07/20/2022 HR HR/RISK MGT MADERA TRIBUNE RECRUITMENT AD ‐ WATER SYSTEMS WORKER 79.80 $ 33484 07/20/2022 PLANNING PLANNING MADERA TRIBUNE ANNUAL SUBSCRIPTION ‐ PLNG DEPT 59.00 $33485 07/20/2022 GRANTS TRANS ‐ FIXED MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE ‐ JUNE 2022 904.71 $ 33485 07/20/2022 GRANTS TRANS ‐ DAR MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE ‐ JUNE 2022 904.71 $ 33486 07/20/2022 FLEET MAINT FLEET MAINT MENDOZA, JUAN TOOL ALLOWANCE 300.00 $ 33487 07/20/2022 FINANCE SOLID WASTE MID VALLEY DISPOSAL INC. WASTE DISPOSAL SVS 07/22 412,059.42 $ 33488 07/20/2022 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 92.94 $ 33488 07/20/2022 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 2,543.44 $ 33488 07/20/2022 FINANCE AQUATICS PROGRM PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 2,353.98 $ 33488 07/20/2022 FINANCE CENTRAL ADMIN PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 1,213.55 $ 33488 07/20/2022 FINANCE CENTRAL ADMIN PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 75.96 $ 33488 07/20/2022 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 1,102.59 $ 33488 07/20/2022 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 5,678.83 $ 33488 07/20/2022 FINANCE DRAINAGE PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 776.97 $ 33488 07/20/2022 FINANCE DRAINAGE PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 288.73 $ 33488 07/20/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 27,614.28 $ 33488 07/20/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 06/22 SERVICE 1598348280‐1 58.11 $ 33488 07/20/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 06/22 SERVICE 5225647713‐5 15.77 $ 33488 07/20/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 06/22 SERVICE 5237156686‐1 39.49 $ 33488 07/20/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 06/22 SERVICE 4318089701‐9 17.39 $ 33488 07/20/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 1,278.60 $ 33488 07/20/2022 FINANCE FIRE PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 2,492.57 $ 33488 07/20/2022 FINANCE FIRE PACIFIC GAS & ELECTRIC 06/22 SERVICE 2173157566‐4 1,811.12 $ 33488 07/20/2022 FINANCE FIRE PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 84.16 $ 33488 07/20/2022 FINANCE INTERMODAL BLDG PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 923.70 $ 33488 07/20/2022 FINANCE PARKING DIST OPS PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 157.43 $ 33488 07/20/2022 FINANCE PARKING DIST OPS PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 167.88 $ 33488 07/20/2022 FINANCE PARKS PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 3,235.23 $ 33488 07/20/2022 FINANCE PARKS PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 138.65 $ 33488 07/20/2022 FINANCE RECREATION PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 34.64 $ 33488 07/20/2022 FINANCE SEWER OPS PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 2,232.56 $ 33488 07/20/2022 FINANCE SEWER OPS PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 32.73 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33488 07/20/2022 FINANCE SOLID WASTE PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 190.17 $ 33488 07/20/2022 FINANCE SOLID WASTE PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 11.59 $ 33488 07/20/2022 FINANCE SR CITIZEN COMM PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 44.16 $ 33488 07/20/2022 FINANCE SR CITIZEN COMM PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 8.11 $ 33488 07/20/2022 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 138,996.67 $ 33488 07/20/2022 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 45,864.29 $ 33488 07/20/2022 FINANCE WWTP PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 153.54 $ 33488 07/20/2022 FINANCE ZONE 24 PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 10.45 $ 33488 07/20/2022 FINANCE ZONE 24 PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 66.37 $ 33488 07/20/2022 FINANCE ZONE 26 PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 10.51 $ 33488 07/20/2022 FINANCE ZONE 31A PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 29.02 $ 33488 07/20/2022 FINANCE ZONE 31A PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 21.29 $ 33488 07/20/2022 FINANCE ZONE 20B PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 20.19 $ 33488 07/20/2022 FINANCE ZONE 27B PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 10.51 $ 33488 07/20/2022 FINANCE ZONE 2 PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 51.45 $ 33488 07/20/2022 FINANCE ZONE 3 PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 39.02 $ 33488 07/20/2022 FINANCE ZONE 31B PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 29.02 $ 33488 07/20/2022 FINANCE ZONE 4 PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 10.74 $ 33488 07/20/2022 FINANCE ZONE 6A PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 64.58 $ 33488 07/20/2022 FINANCE ZONE 29C PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 10.71 $ 33488 07/20/2022 FINANCE ZONE 8 PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 66.19 $ 33488 07/20/2022 FINANCE ZONE 16 PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 21.88 $ 33488 07/20/2022 FINANCE ZONE 13 PACIFIC GAS & ELECTRIC 06/22 SERVICE 3533032414‐2 137.38 $ 33488 07/20/2022 FINANCE PD OPS PACIFIC GAS & ELECTRIC 06/22 SERVICE 9920095153‐3 2,631.67 $ 33488 07/20/2022 FINANCE PD OPS PACIFIC GAS & ELECTRIC 06/22 SERVICE 1715785853‐5 1,474.58 $ 33489 07/20/2022 PLANNING PLANNING PROVOST & PRITCHARD CONSULTING CONSULTING SERVICES 04/22 16,768.38 $33490 07/20/2022 FLEET MAINT FLEET MAINT PUENTES, JUAN TOOL ALLOWANCE REIMBURSEMENT 300.00 $ 33491 07/20/2022 ENGINEERING CDBG PUB IMPR SEAL RITE PAVING PROJECT R‐85 ON LILLY ST & VINEYARD AVE 28,512.36 $ 33492 07/20/2022 ENGINEERING WWTP SPARKLETTS DRINKING WATER ENGINEERING 65.56 $ 33492 07/20/2022 WWTP WWTP SPARKLETTS LAB & DRINKING WATER 221.17 $ 33493 07/20/2022 PARKS PARKS SITE ONE LANDSCAPE SUPPLY LLC PAINT SPRAYER 3,819.92 $ 33494 07/20/2022 IS COMPUTER MAINT SOUTHERN COMPUTER WAREHOUSE ACRONIS BACKUP SOFTWARE MAINTENANCE 8,028.32 $ 33495 07/20/2022 PW ADMIN SEWER OPS STATE WATER RESOURCES CONTROL BOARD WATER TREATMENT CERT FEE T1 ‐ BARKER JEFF 70.00 $ 33496 07/20/2022 WATER OPS WATER QUALITY STATE WATER RESOURCES CONTROL BOARD GRADE T2 EXAM FEES 65.00 $ 33497 07/20/2022 WATER OPS WATER QUALITY STATE WATER RESOURCES CONTROL BOARD GRADE D2 CERTIFICATION RENEWAL 60.00 $ 33498 07/20/2022 FINANCE PAYROLL TRUST STATE OF CALIFORNIA FRANCHISE TAX DEDUCTIONS $ 200.00 33499 07/20/2022 PW ADMIN AIRPORT OPS TECH. MASTER PEST MANAGEMENT 07/22 PEST CONTROL SERVICES 35.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33499 07/20/2022 PW ADMIN CENTRAL ADMIN TECH. MASTER PEST MANAGEMENT 07/22 PEST CONTROL SERVICES 45.00 $ 33499 07/20/2022 PW ADMIN COMM & REC TECH. MASTER PEST MANAGEMENT 07/22 PEST CONTROL SERVICES 435.00 $33499 07/20/2022 PW ADMIN ENGINEERING TECH. MASTER PEST MANAGEMENT 07/22 PEST CONTROL SERVICES 60.00 $ 33499 07/20/2022 PW ADMIN FIRE TECH. MASTER PEST MANAGEMENT 07/22 PEST CONTROL SERVICES 70.00 $ 33499 07/20/2022 PW ADMIN INTERMODAL BLDG TECH. MASTER PEST MANAGEMENT 07/22 PEST CONTROL SERVICES 75.00 $ 33499 07/20/2022 PW ADMIN SEWER OPS TECH. MASTER PEST MANAGEMENT 07/22 PEST CONTROL SERVICES 25.00 $33499 07/20/2022 PW ADMIN SOLID WASTE TECH. MASTER PEST MANAGEMENT 07/22 PEST CONTROL SERVICES 25.00 $ 33499 07/20/2022 PW ADMIN WATER OPS TECH. MASTER PEST MANAGEMENT 07/22 PEST CONTROL SERVICES 25.00 $ 33499 07/20/2022 PW ADMIN WWTP TECH. MASTER PEST MANAGEMENT 07/22 PEST CONTROL SERVICES 45.00 $ 33499 07/20/2022 PW ADMIN PD OPS TECH. MASTER PEST MANAGEMENT 07/22 PEST CONTROL SERVICES 40.00 $ 33499 07/20/2022 WATER OPS WATER OPS TECH. MASTER PEST MANAGEMENT JUNE 2022 WELL SITES PEST CONTROL SVS 500.00 $ 33500 07/20/2022 FINANCE FINANCE THALES CONSULTING, INC. SCO REPORTS ‐ CITY & SPECIAL DISTRICT 21/22 3,700.00 $33501 07/20/2022 ENGINEERING LTF ‐ STREETS VILLA GARDENING SERVICE INC ARBORIST SERVICES 450.00 $33502 07/20/2022 FINANCE PAYROLL TRUST VANTAGEPOINT TRANSFER AGENTS‐457 EE DEFERRED COMP CONTRIBUTIONS 29,109.48 $ 33503 07/20/2022 RECREATION AQUATICS PROGRM WECO WELDING, PAINT, SUPPLIES & EQUIP CO2 FOR POOL 216.00 $ 33504 07/20/2022 PARKS PARKS WEST COAST ARBORISTS, INC. STREET TREE MAINTENANCE 06/01/22‐06/15/22 3,600.00 $ 33505 07/20/2022 ENGINEERING ENGINEERING YAMABE & HORN ENGINEERING TRACT 22‐S‐2 MAP REVIEW 1,400.00 $ 33506 07/20/2022 HR INS/RISK MGT OVERPAYMENTS MERP CALIMS PAYMENTS REIMBURSEMENT 97.06 $ 33507 07/20/2022 ENGINEERING MEASURE T ‐LTP ACQUISITION RIGHT OF AWAY AQUISITION PER RES 22‐50 968.00 $ 33508 07/20/2022 ENGINEERING MEASURE T ‐LTP ACQUISITION RIGHT AWAY AQUISITION PER RES 22‐50 942.00 $ 33509 07/20/2022 ENGINEERING MEASURE T ‐LTP ACQUISITION RIGHT AWAY AQUISITION PER RES 22‐50 936.00 $ 33510 07/20/2022 WATER OPS WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE TR 21‐51 2,660.00 $ 33511 07/20/2022 WATER OPS WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE TR 21‐56 1,598.00 $ 33512 07/20/2022 FINANCE FINANCE BL REFUNDS REIMBURSE BL APP FEE ‐ DUPLICATE PAYMENT 50.00 $ 33513 07/20/2022 PARKS SPORTS PROGRAMS OTP‐ PARKS REFUNDS SPORTS CANCELLATION REFUND 352.50 $ 33514 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 2662 PEAR TREE 151.23 $33515 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1257 LUCCA 227.10 $ 33516 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB 2910 FALCON 23.08 $33517 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB 2910 FALCON 577.29 $33517 07/20/2022 UB ‐ WATER SEWER FUND OTP‐ UB REFUNDS UB 2910 FALCON 479.46 $33518 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 940 SUBURBAN 306.34 $ 33519 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB 2910 FALCON 463.55 $33519 07/20/2022 UB ‐ WATER SEWER FUND OTP‐ UB REFUNDS UB 2910 FALCON 659.22 $33520 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1119 LACRETA 185.86 $ 33521 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB 2910 FALCON 423.29 $33521 07/20/2022 UB ‐ WATER SEWER FUND OTP‐ UB REFUNDS UB 2910 FALCON 602.16 $ 33522 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 309 N L 1.72 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33523 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 960 GEORGIA 960.62 $33524 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1179 COLOMBARD 2.75 $ 33525 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 3598 PACIFICA 115.50 $ 33526 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 3604 PACIFICA 88.73 $ 33527 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1436 GRAPE 249.61 $ 33528 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1925 HOWARD 267.77 $ 33529 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1158 LAGUNA 219.65 $ 33530 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 395 BO TREE 137.60 $33531 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 668 MACADAMIA 83.93 $33532 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1291 OSO 95.22 $ 33533 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1118 MALTA 294.89 $ 33534 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1149 COUNTRY CLUB 912.98 $ 33535 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 2503 FOXGLOVE 137.36 $ 33536 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 708 S LAKE 92.91 $33537 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1143 COUNTRY CLUB 1,495.57 $ 33538 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 112 JOSEPH 71.37 $33539 07/20/2022 UB ‐ WATER SOLID WASTE OTP‐ UB REFUNDS UB TERM REFUND 1955 INDEPENDENCE STE 101 41.90 $ 33540 07/20/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1408 ADANAC 127.50 $ 101 07/12/2022 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 07/12/2022 547.63 $ 102 07/19/2022 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 07/19/2022 620.02 $ 103 07/15/2022 HR CITY CLERK EMPLOYEE BENEFIT SPECIALISTS, INC. AUGUST BENEFIT PREMIUMS 848.00 $ 103 07/15/2022 HR PAYROLL TRUST EMPLOYEE BENEFIT SPECIALISTS, INC. AUGUST BENEFIT PREMIUMS 366,970.07 $ 103 07/15/2022 HR PD OPS EMPLOYEE BENEFIT SPECIALISTS, INC. AUGUST BENEFIT PREMIUMS 848.00 $ 104 07/15/2022 FINANCE WWTP BOND ADMIN BBVA USA 2021 WASTEWATER REV REF BOND 452,505.00 $105 07/15/2022 FINANCE WWTP BOND ADMIN BANK OF NEW YORK MELLON 2015 WASTEWATER REV REF BOND PMT 234,434.18 $ 105 07/15/2022 FINANCE WWTP BOND ADMIN BANK OF NEW YORK MELLON 2019 LEASE REVENUE BOND PAYMENT 81,300.00 $ 106 07/15/2022 FINANCE PAYROLL TRUST N.P.C.‐ORCHARD TRUST COMPANY EE DEFERRED COMP CONTRIBUTIONS 10,017.94 $ 107 07/15/2022 FINANCE PAYROLL TRUST N.P.C.‐ORCHARD TRUST COMPANY EE DEFERRED COMP CONTRIBUTIONS 3,943.68 $ BANK #1 ‐ UNION BANK GENERAL ACCOUNT TOTAL $ 9,272,975.66

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

Remote City Council Meetings Under Brown Act Requirements (Assembly Bill 361) RECOMMENDATION:

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 SUMMARY:

On January 19, 2022, the Council elected to return to remote meetings as permitted under AB 361. Approval of the resolution allows for the remote meeting procedures that the City had been using throughout the COVID-19 pandemic, subject to certain requirements that must be considered as part of the determination (by resolution) to adopt remote meeting protocols.

DISCUSSION:

The City may meet via remote teleconferencing if it adopts a resolution, that makes specific findings in support of conducting remote meetings. The City may extend the authorization in additional 30 day increments for the duration of the declared emergency, or until the Council decides to return to in-person meetings, or otherwise continues to comply with the regular remote meeting requirements of the Brown Act.

Table 1 identifies the differences between standard Brown Act remote teleconferencing and AB 361 teleconferencing. It is noted the City must still provide advance notice of public meetings and must continue to post meeting agendas consistent with the provisions of the Brown Act.

Council Meeting of: August 3, 2022
Agenda Number: B-3
Table 1: Comparison of Public Meeting requirements (Brown Act vs. AB 361) Brown Act Requirement Requirement Under AB 361
If the legislative body of a local agency elects
to use teleconferencing, it shall post agendas
at all teleconference locations and conduct
teleconference meetings in a manner that
protects the statutory and constitutional
rights of the parties or the public appearing
before the legislative body of a local agency.
 Agendas not required to be posted at all
teleconference locations.
 Meeting must still be conducted in a
manner that protects the statutory and
constitutional rights of the parties or the
public appearing before the legislative
body of a local agency.

If the legislative body of a local agency elects
to use teleconferencing, each teleconference
location shall be identified in the notice and
agenda of the meeting or proceeding, and
each teleconference location shall be
accessible to the public.
 Agendas are not required to identify each
teleconference location in the meeting
notice/agenda.
 Local agencies are not required to make
each teleconference location accessible
to the public.

If the legislative body of a local agency elects
to use teleconferencing during the
teleconferenced meeting, at least a quorum
of the members of the legislative body shall
participate from locations within the
boundaries of the territory over which the
local agency exercises jurisdiction.
 No requirement to have a quorum of
board members participate from within
the territorial bounds of the local
agency’s jurisdiction.

If the legislative body of a local agency elects
to use teleconferencing, the agenda shall
provide an opportunity for members of the
public to address the legislative body directly
at each teleconference location.
 In each instance in which notice of the
time of the teleconferenced meeting is
given or the agenda for the meeting is
posted, the legislative body shall also give
notice of the manner by which members
of the public may access the meeting and
offer public comment.
 The agenda shall identify and include an
opportunity for all persons to attend via a
call-in option or an internet-based service
option.
 The legislative body shall allow members
of the public to access the meeting, and
the agenda shall include an opportunity
for members of the public to address the
legislative body directly.
 In the event of a disruption which
prevents the local agency from
broadcasting the meeting to members of
the public using the call-in option or
internet-based service option, or in the
Table 1: Comparison of Public Meeting requirements (Brown Act vs. AB 361) Brown Act Requirement Requirement Under AB 361
event of a disruption within the local
agency’s control which prevents
members of the public from offering
public comments using the call-in option
or internet-based service option, the
legislative body shall take no further
action on items appearing on the meeting
agenda until public access to the meeting
via the call-in option or internet-based
service option is restored.
 Written/remote public comment must be
accepted until the point at which the
public comment period is formally closed;
registration/sign-up to provide/be
recognized to provide public comment
can only be closed when the public
comment period is formally closed.

ATTACHMENTS:

1. Resolution Regarding Remote Teleconference Meetings
RESOLUTION NO. _______

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
WHEREAS, COVID-19 (also known as the “Coronavirus Disease”) is a respiratory disease that has spread across the globe, with thousands of confirmed cases in California, including the City of Madera; and
WHEREAS, on January 31, 2020, the United States Secretary of Health and Human Services declared a public health emergency based on the threat caused by COVID-19, and the President of the United States issued a Proclamation Declaring a National Emergency Concerning COVID-19 beginning March 1, 2020; and
WHEREAS, in response to COVID-19, the Governor of the State of California issued a Proclamation of a State of Emergency in response to COVID-19 on March 4, 2020; and WHEREAS, the City Council of the City of Madera adopted a proclamation of a local emergency related to the COVID-19 virus on March 16, 2020; and WHEREAS, the City of Madera (“City”) is committed to preserving and fostering public access, transparency, observation, and participation in meetings of the City Council and Boards, Commissions, and Standing Committees (hereafter collectively referred to as “legislative bodies;” and
WHEREAS, all meetings of the City Council and legislative bodies are open and public as required by the Ralph M. Brown Act, Government Code sections 54950 – 54963, so that any member of the public may attend, observe, and participate in a meaningful way; and WHEREAS, Government Section 54953 (b) (3) of the Brown Act allows a local legislative body to hold public meetings by teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body, as long as the following requirements are met:

1. Each teleconference location from which a member is participating is noticed on the agenda;

2. Each teleconference location is accessible to the public;

3. Members of the public must be able to address the body at each teleconference location;

4. At least one member of the legislative body must be physically present at the location specified in the meeting agenda; and

5. During teleconference meetings, at least a quorum of the members of the local body must participate from locations within the local body’s territorial jurisdiction; and 54953(e) et seq., allows for remote observation and participation in meetings by members of a legislative body and members of the public without compliance with the requirements of Government Code section 54953(b)(3), subject to certain conditions; and
WHEREAS, the initial required condition is a declaration of a state of emergency by the Governor pursuant to the California Emergency Services Act at Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state and within the boundaries of the City, caused by conditions as described in Government Code section 8558; and
WHEREAS, the Governor’s Proclamation of a State of Emergency includes area within the jurisdictional boundaries of the City; and
WHEREAS, Government Code Section 54953(e)(3)(A-B) added by AB 361 provides an alternative to having public meetings in accordance with Government Code Section 54953(b)(3) when City Council has reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:

1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s Boards, Commissions, and Standing Committees to meet safely in person; and

2. The State of California and the County of Madera continue to recommend measures to promote social distancing.

WHEREAS, Government Code Section 54953(e) et seq. further requires that state or local officials have imposed or recommended measures to promote social distancing or the legislative body finds that meeting in person would present an imminent risk to the health or safety of attendees; and
WHEREAS, such conditions now exist in the City in that (i) State and Local officials recommend social distancing measures and (ii) emergency conditions evidenced by COVID-19 and its variants create ongoing COVID-19 cases, hospitalizations, and deaths and meeting in person would present imminent risk to health or safety of attendees; and WHEREAS, the City Council affirms that it will allow for observation and participation by Council Members as well as Board, Commission, and Standing Committee Members and the public via Zoom in an effort to protect the constitutional and statutory rights of all attendees; and
WHEREAS, Government Code Section 54953 (e)(3) requires that the City Council review the need and make findings for continuing the teleconferencing as authorized by AB 361 at least once every thirty days until the Governor terminates the state of emergency.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY RESOLVES AS FOLLOWS:

Section 1. The above recitals are true and correct and are incorporated herein by this reference.

Section 2. The City Council finds that the state of emergency conditions related to COVID- 19 as set forth in the Governor’s and City’s Proclamations of Emergency and are ongoing.

Section 3. The City Council further finds that state and county official recommend social distancing conditions causing imminent risk to attendees as described above exist.

Section 4. The City Council hereby recognizes and affirms the existence and conditions of a state of emergency as proclaimed by the Governor and the City in the City and affirms, authorizes, and proclaims the existence of a local emergency throughout the City.

Section 5. The City Council finds that the state of emergency as a result of COVID-19 continues to directly impact the ability of members of the City Council and the members of the City’s Boards, Commissions, and standing committees to meet safely in person and such fact creates an imminent health risk to such members.

Section 6. The City Council hereby authorizes the City Council and all of the Boards, Commissions, and Standing Committees of City to conduct their meetings without compliance with Government Code section 54953(b)(3), and to instead comply with the remote meeting requirements as authorized by Government Code section 54953(e) et seq.

Section 7. The City Manager and City Clerk are authorized and directed to take all actions reasonably necessary to carry out the intent and purpose of this Resolution, including, conducting open and public meetings remotely in accordance with Government Code section 54953(e) et seq., and other applicable provisions of the Brown Act, for all City Council meetings, and all Boards, Commissions, and standing committee meetings of the City.

Section 8. This Resolution shall take effect immediately upon its adoption and shall be effective until either (i) September 2, 2022 or (ii) such time as the City Council adopts a Subsequent Resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council and all City legislative bodies may continue to meet remotely, without
compliance with Government Code section 54953(b)(3), but otherwise as permitted by Government Code section 54953(e) et seq.
* * *

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: August 3, 2022
_________________________________ Agenda Number: ___________ Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Participation in the Madera County Department of Public Health Emergency Preparedness Subcommittee Hospital Preparedness Program
RECOMMENDATION:

Adopt a Minute Order approving a Letter of Participation as a participating member in the Madera County Department of Public Health Emergency Preparedness Subcommittee Hospital Preparedness Program and authorizing the City Manager to sign the letter SUMMARY:

The Madera County Department of Public Health (MCDPH) Emergency Preparedness Subcommittee is a voluntary multidisciplinary, multi-agency body, to partner and collaborate with the Madera County Hospital Preparedness Program (HPP) to coordinate healthcare preparedness for all-hazard emergencies through mitigation, planning, response, and recovery.

The City has actively participated in the Subcommittee since its inception in 2004. The HPP is on a five year (5 year) grant cycle and MCDPH is seeking Letters of Participation from participating agencies in support of their 2022-2027 grant application.

DISCUSSION:

The City of Madera has been an active participant of the MCDPH Emergency Preparedness Subcommittee since its inception in 2004. The City attends and participates in the quarterly meetings held by the Subcommittee as well as participates in emergency preparedness exercises and emergency preparedness trainings as they are made available. MCDPH is seeking letters of continued commitment as they move into a new grant cycle. Typically, Risk Management and Police Department staff represent the City on the Subcommittee. Other participating agencies include the school district, City of Chowchilla, all area hospitals, nursing homes, ambulance service, hospice providers, and many other community partners. Staff recommends and seeks B-4
Council’s concurrence to continue as an active member of the Subcommittee, continuing our partnership with the health community as it relates to emergency preparedness.

FINANCIAL IMPACT:

There is no monetary impact, however staff time is required for Subcommittee participation.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Participation in the multi-agency Emergency Preparedness Subcommittee supports the City in achieving the following Vision Strategies:
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. 421.5 Continue to provide emergency response training for City Emergency Operations Center staff.
422 Regional Law Enforcement Communications: Improve community safety through a coordinated regional emergency, law-enforcement and protective services system.

ALTERNATIVES:

Council could direct staff cease participation in the Emergency Preparedness Subcommittee.

ATTACHMENTS:

1. Madera County Department of Public Health Emergency Preparedness Subcommittee Letter of Participation Hospital Preparedness Program Grant Year 2022-2027 Madera County Department of Public Health
Emergency Preparedness Subcommittee
Letter of Participation
Hospital Preparedness Program (HPP)
Grant Year 2022-2027

DEPARTMENT OF PUBLIC HEALTH
1604 Sunrise Ave • Madera, CA 93638 • 559.675.7893 • MadCoServices.com • maderacounty.com/government/public-health

SARA BOSSE
Public Health Director
SIMON PAUL, M.D.

Health Officer
With this letter__________________________________________________________________ (Company/institution or federal, state, local or tribal agency) joins the Madera County Emergency Preparedness Subcommittee, a voluntary multidisciplinary, multi-agency body, to partner and collaborate with the Madera County Hospital Preparedness Program (HPP) to coordinate healthcare preparedness for all-hazard emergencies through mitigation, planning, response and recovery.

The Partner’s Role:

1. Designate a representative to actively participate in the Madera County Emergency Preparedness Subcommittee.

2. Participate and assist in defining role and responsibilities for healthcare facilities regarding the top three hazards identified in the Medical Health Hazard Vulnerability Assessments (MHHVAs) and identify gaps in meeting capabilities needed to perform participant roles and responsibilities.

3. Attend as many Madera County Emergency Preparedness Subcommittee meetings per fiscal year as feasible.

4. Participate in all aspects of the annual Statewide Medical Health Exercise.

5. Participate in appropriate Hospital Preparedness Program/emergency preparedness trainings, drills, and exercises as they are made available.

Madera County HPP Entity’s Role:

1. Promote communication, collaboration, and resource sharing in accordance with the California Public Health and Medical Emergency Operations Manual (CA-EOM) during a disaster among the Madera County Emergency Preparedness Subcommittee.

2. Assume a leadership role in the Madera County Emergency Preparedness Subcommittee by:
a. Presiding over Subcommittee meetings
b. Creating and distributing meeting announcements and agendas c. Recording and distributing meeting minutes
d. Maintaining permanent archives of meeting minutes

3. Promote outreach to identify new Madera County Emergency Preparedness Subcommittee partners, including but not limited to, public and private medical, health, or skilled nursing service providers; community-based organizations; and governmental bodies with an interest in the provision of healthcare in Madera County during disasters or other states of emergency.

City of Madera
Madera County Department of Public Health
Emergency Preparedness Subcommittee
Letter of Participation
Hospital Preparedness Program (HPP)
Grant Year 2022-2027

DEPARTMENT OF PUBLIC HEALTH
1604 Sunrise Ave • Madera, CA 93638 • 559.675.7893 • MadCoServices.com • maderacounty.com/government/public-health

SARA BOSSE
Public Health Director
SIMON PAUL, M.D.

Health Officer

4. Facilitate training and equipment resources to Madera County Emergency Preparedness Coalition partners through the Hospital Preparedness Program grant.

Subcommittee’s Role:

1. The role of this Subcommittee is to provide recommendations regarding healthcare preparedness for all-hazards emergencies in Madera County. As such, the Subcommittee is not a policy making entity.

2. Such an advisory role does not obligate this Subcommittee, or any member, to perform any specific administrative, fiscal, or disciplinary function.

3. This Subcommittee, in keeping with its purpose, shall not encumber itself with any binding contract or fiduciary role.

4. Other than potential loss of eligibility for HPP grant funding, any member of this Subcommittee can withdraw participation, at any time, for any reason, without prejudice or penalties.

By participating in the Madera County Preparedness Subcommittee through the provisions listed above, HPP qualified healthcare entities (hospitals, clinics, LEMSA, skilled nursing facilities) may be eligible to receive Hospital Preparedness Program grant funding.

Signed by:____________________________________________________________________ Authorized Company Representative Signature
Name: ________________________________________________________________________ Title: ______________________________ Date: _______________________________ TC 7.7.2022
Arnoldo Rodriguez
City Manager 7/20/2022

REPORT TO CITY COUNCIL
Council Meeting of: August 3, 2022
Agenda Number:

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

Sidewalk Improvements to Maple, Santa Cruz, and Monterey Streets RECOMMENDATION:

Adopt a Minute Order Approving:
1) Acceptance of the Construction of Sidewalk Improvement – Maple Street – Santa Cruz Street – Monterey Street, CDBG Project No. B19MC060053, City Project No. R-84 2) The Recording of Notice of Completion
3) The release of retention 35 days after recording of the Notice of Completion SUMMARY:

The City Council (Council), at its February 2, 2022 meeting, awarded a contract to Witbro, Inc. dba Seal Rite Paving and Grading for the Project in the amount of $254,678. The Contractor has completed the project in accordance with the plans and specifications and as modified by approved change orders.

BACKGROUND:

A final project inspection was conducted by City staff pursuant to the construction drawings. All parties agree that the project can be recommended for acceptance by the Council and a “Notice of Completion” recorded. The work in general consisted of installation of sidewalk in the area bound by Maple, Santa Cruz, and Monterey Streets. A crosswalk at the intersection of Maple Street and Santa Cruz Streets was also enhanced. A map of said improvements is provided in Attachment 1.

It is noted that two Change Orders were processed. The change orders consisted of costs due to unforeseen conditions, and final balancing change order involving additives or deductive items B-5
based on the total worked performed versus the total quantity included in the bid item.

The final progress payment, less the retention amount of five percent, has been processed. See Table 1 for a summary of contract costs.

Table 1: Project Summary, including Change Orders
Original Contract Amount Total Change Orders Total Construction Contract Cost $254,678.00 $9,903.55 $264,581.55
The total cost of the Change Ordersincreased the cost of the project approximately 3.88 percent, wherein a contingency of up to 15 percent of the original contract amount was included. The construction project was completed within the adjusted contract time and available budget.

FINANCIAL IMPACT:

There is no fiscal impact to the City’s General Fund given that funding for the project was from the Community Development Block Grant (CDBG) Program funding and Measure T Funds. These funds were included in the City’s CIP Budget FY 2021/22.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Strategy 101.6: Ensure infrastructure can sustain population growth in the development of the General Plan.

Strategy 121 - Develop a city-wide multi-modal transportation plan to ensure safe, affordable and convenient transportation modes for residents and businesses within Madera.

ALTERNATIVES:

As an alternative, the Council may elect to reject the Notice of Completion of the Project.

Rejection of the Notice of Completion will result in staff’s inability to release retention funds and closing the Project.

ATTACHMENTS:

1. Location Map

2. Notice of Completion

3. Pictures
ATTACHMENT 1
Location Map

LOCATION MAP

SIDEWALK IMPROVEMENTS - MAPLE STREET - SANTA CRUZ STREET -

MONTEREY STREET
ATTACHMENT 2
Notice of Completion

Page 1 of 2 ends

Recording Requested by:

City of Madera
And When Recorded, Mail to:

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

NOTICE OF COMPLETION
_____________________________________________________________________________________________________________________ NOTICE IS HEREBY GIVEN THAT:

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

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

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

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

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

Name Address
______________________________________ ___________________________________________

6. A work of improvement on the property hereinafter described was completed on

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

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

Name Address
______________________________________ ___________________________________________

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

10. The street address of said property is
(If no street address has been officially assigned, insert “none”.) (Signature of Owner named in Paragraph 2)
Dated Keith Brent Helmuth, P.E.

City Engineer
________________________________________________

Page 2 of 2 ends

State of California
County of Madera
Keith Brent Helmuth, being duly sworn says: He is the City Engineer of the City of Madera, the corporation that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein described; that he makes this verification on behalf of said corporation; that he has read said notice and knows the contents thereof, and that the facts herein stated are true. (Signature of Officer)
_______________________________________________________ Keith Brent Helmuth, P.E.

City Engineer
State of California
County of Madera
Subscribed and sworn to (or affirmed) before me on the ___________ day of _____________________, 2022 by Keith Brent Helmuth, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
______________________________________________________ (Seal) Alicia Gonzales
City Clerk
The notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy or validity of that document.

ATTACHMENT 3
Pictures
Figure 1 – Before to New Sidewalk along Maple Street
Figure 2 – After New Sidewalk along Maple Street
Figure 3 – Before New sidewalk along Santa Cruz Street
Figure 4 – After New sidewalk along Santa Cruz Street
Figure 5 – Before New sidewalk along Monterey Street
Figure 6 – After New sidewalk along Monterey Street

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: August 3, 2022
_________________________________ Agenda Number: ___________ Keith Helmuth, Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Engineering design services for Bid Package 3 for Sidewalk Improvements at Various Locations RECOMMENDATION:

1. Adopt a Resolution approving a consultant services agreement with O’Dell Engineering in the amount of $402,344 for engineering design services for Bid Package 3 Sidewalk Improvements at Various Locations, City Project R-94, AHSC Project No. 19-AHSC-12760;

2. Adopt a Resolution appropriating $450,000 to Fiscal Year (FY) 2022/23 Capital Projects, City Project R-94, AHSC Project No. 19-AHSC-12760.

SUMMARY:

The City received a Affordable Housing and Sustainable Communities (AHSC) Grant for offsite improvements and programs related to the Veterans Housing Project at 5 th and C Streets. In
order to expediate the project, staff is proposing that the City retain an outside firm to assist in the design of the various improvements. The consultant services agreement with O’Dell Engineering is for design engineering and preparation of contract documents including plans and technical specifications for Bid Package 3 Sidewalk Improvements at Various Locations (Project).

The agreement also stipulates that the consultant will provide specified engineering support services during construction.

BACKGROUND:

This Project is part of multiple projects funded by a AHSC grant awarded to the City in 2019. The Department of Housing and Community Development allocated $3.6 million for the design, implementation and construction of bus stop enhancements, transit amenities, sidewalk improvements, bike lane improvements, and safety enhancements at George Washington Elementary. All work under this grant agreement must be complete prior to June 2024.

B-6
The grant will allow the City to construct over three miles of sidewalks in the City. If approved, this item would provide construction drawings for said three plus miles. This would constitute the second project completed as part of the City’s $3.6 million award.

In accordance with the City’s Capital Improvement Program (CIP), design and construction of Bid Package 3 Sidewalk Improvements at Various Locations will be funded in Fiscal Year (FY) 2022/23 by AHSC funds.

A Request for Proposals (RFP) for the engineering design services was released for advertisement on May 12, 2022, on the City’s website, Madera Tribune, and Ebidboard website. Given the competitive nature of engineering services, City staff contacted local engineering firms to solicit interest. As summarized in Table 1, the City received three engineering proposals on June 8, 2022.

Table 1: Responses to the City’s RFP
Firm
O’Dell Engineering
Peters Engineering Group
GHD
The evaluation of these bids was based on:
 Qualifications/Experience (30 percent)
 Organization/Approach (20 percent)
 Scope of Services (20 percent)
 Manpower (20 percent)
 Schedule of Work (10 percent)
After a thorough evaluation, an internal City team selected O’Dell Engineering as the preferred team. Negotiations commenced to come to an agreement on a fee and contract terms.

FINANCIAL IMPACT:

There is no fiscal impact to the City’s General Fund. All engineering design funding is derived from the Affordable Housing and Sustainable Communities Grant.

Funding for the project design phase of the project is included in the Draft 2022/23 CIP and was to be appropriated with the Fiscal Year (FY) 2022/23 Capital Improvement Budget. Because the City is operating under a continuing budget resolution, it is necessary to appropriate the funds needed for this agreement. Attachment 2 is a resolution appropriating $450,000 toward the Fiscal Year (FY) 2022/23 Capital Improvement Budget.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Strategy 121 – Develop a city-wide multi-modal transportation plan to ensure safe, affordable and convenient transportation modes for residents and businesses within Madera.

ALTERNATIVES:

As an alternative, Council may direct staff to:
 Not enter into an agreement with O’Dell Engineering. Delays will result; the cost of engineering may increase and may result in loss of funds.  Request that staff conduct additional research and continue the item to a future meeting.

ATTACHMENTS:

1. Resolution approving Agreement
a. Exhibit A - Consultant Services Agreement

2. Budget Appropriation Resolution
a. Exhibit A – Budget Appropriation

3. Location Map
ATTACHMENT 1
Resolution Approving Agreement
RESOLUTION NO. 22-______

A RESOLUTION APPROVING A CONSULTANT SERVICES AGREEMENT WITH O’DELL ENGINEERING IN THE AMOUNT OF $402,344 FOR ENGINEERING DESIGN SERVICES FOR BID PACKAGE 3 SIDEWALK IMPROVEMENTS AT VARIOUS LOCATIONS, CITY PROJECT R-94, AHSC PROJECT NO. 19-AHSC12760; WHEREAS, the City has a need for Bid Package 3 Sidewalk Improvements at Various Locations (Project); and
WHEREAS, engineering services by a professional firm are required for the Project; and WHEREAS, the City of Madera (City) published a Request for Proposal (RFP) on the City’s website and solicited firms to provide a proposal for the Project; and WHEREAS, the City received three proposals in response to the RFP; and WHEREAS, O’Dell Engineering was selected based on their experience and knowledge of the proposed project.

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

1. The above recitals are true and correct.

2. The approval of a consultant services Agreement, attached hereto as Exhibit A, with O’Dell Engineering in the amount $402,344.00 for engineering design services for Bid Package 3 Sidewalk Improvements at Various Locations

3. This resolution is effective immediately.

EXHIBIT A

CONSULTANT SERVICES AGREEMENT
1 CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF MADERA AND O’DELL ENGINEERING
This Agreement for Consultant Services (“Agreement”) is made and entered into this day of _________ , 2022 between the City of Madera, a municipal corporation of the State of California, ("CITY"), and O’Dell Engineering ("CONSULTANT").

RECITALS
WHEREAS, CITY plans to obtain Consultant Services Agreement with O’Dell Engineering in the amount of $402,334.00 for engineering design services for Sidewalk Improvements at Various Locations in Madera, City Project R-94, AHSC Agreement No. 19-AHSC-12761; and WHEREAS, CITY needs professional engineering services for the Project; and WHEREAS, CITY engaged in a competitive Request for Proposals process for the desired work; and
WHEREAS, CONSULTANT is qualified and certified to provide the required professional services and is knowledgeable of Federal, State and City standard policies and regulatory requirements; and
WHEREAS, CITY desires to hire CONSULTANT for to provide professional services for the Project.

AGREEMENT
NOW THEREFORE, the Parties incorporate the foregoing recitals and agree as follows:

ARTICLE I. STATEMENT OF WORK
A. Scope of Services
CONSULTANT shall provide the professional services as set forth in Exhibit 'A', Scope of Services, attached hereto and incorporated herein by reference as if fully set forth. CONSULTANT’s Project Manager shall meet with CITY’s Project Manager, as needed, to discuss progress on the project(s)..

Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision (see LAPM Chapter 6: Environmental Procedures, and the Standard Environmental Reference).

E. CITY Obligations
The CITY shall provide CONSULTANT with the following:
a. Project Manager to work and coordinate with CONSULTANT. b. Timely review of all submittals.
2 c. Payment of fees for permits.
d. The data in its possession that is required for CONSULTANT’S performance.

ARTICLE II. COST PROPOSAL.

The work to be performed under this AGREEMENT is described in Article I Statement of Work and the approved CONSULTANT’s Cost Proposal dated July 08, 2022. The approved CONSULTANT’s Cost Proposal is attached hereto as Exhibit B and incorporated by reference as if fully set forth. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE III. CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the CITY’s Project Manager to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with CITY’s Project Manager, as needed, to discuss progress on the AGREEMENT.

ARTICLE IV. PERFORMANCE PERIOD
A. The Parties shall agree on a Notice to Proceed date. The time for performance of this Agreement shall commence on the Notice to Proceed date and shall end on January 1, 2024, unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on CITY until the AGREEMENT is fully executed and approved by the City Council.

C. Time is of the essence in the completion of the services covered by this AGREEMENT. Failure of CONSULTANT to comply with the above time schedule by more than fourteen (14) calendar days, unless the delay is not attributable to CONSULTANT or is attributable to CITY, is sufficient cause to terminate this AGREEMENT, at the option of the CITY.

ARTICLE V. INDEPENDENT CONTRACTOR
A. For the purposes of this Agreement, “CONSULTANT” shall be deemed to include not only CONSULTANT, but also any agent, employee, subcontractor or subconsultant of CONSULTANT.

CONSULTANT acknowledges and agrees that at all times, CONSULTANT or any agent or employee of CONSULTANT shall be deemed at all times to be an independent CONSULTANT and is wholly 3 responsible for the manner in which it performs the services and work requested by CITY under this Agreement.

B. CONSULTANT, its agents, and employees will not represent or hold themselves out to be employees of the CITY at any time. CONSULTANT or any agent or employee of CONSULTANT shall not have employee status with CITY, not be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees.

C. CONSULTANT or any agent or employee of CONSULTANT is liable for the acts and omissions of itself, its employees, and its agents. CONSULTANT shall be responsible for all obligations and payments, whether imposed by federal, state, or local laws, including, but not limited to, FICA, income tax withholdings, unemployment compensation, insurance, and other similar responsibilities related to CONSULTANT’s performing services and work, or any agent or employee of CONSULTANT providing same.

D. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT’s work only, and not as to the means by which such a result is obtained. CITY does not retain the right to control the means or the method by which CONSULTANT performs work under this Agreement.

ARTICLE VI. ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article I Statement of Work. No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and CITY. Adjustment in the total lump sum compensation will not be effective until authorized by AGREEMENT amendment and approved by CITY.

B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, CITY shall have the right to delay payment or terminate this AGREEMENT in accordance with the provisions of Article VI Termination.

C. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by CITY and notification to proceed has been issued by CITY’S Project Manager. No payment will be made prior to approval of any work, or for any work performed prior to approval of this AGREEMENT.

D. CONSULTANT will be reimbursed within thirty (30) days upon receipt by CITY’S Project Manager of itemized invoices. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice 4 must contain the final cost and all credits due. The final invoice must be submitted within sixty (60) calendar days after completion of CONSULTANT’s work unless a later date is approved by the CITY.

Invoices shall be mailed and emailed to CITY’s Project Manager, Jonathan Gramajo, Assistant Engineer, at the City of Madera, 428 E. Yosemite Avenue, Madera, CA 93638 E. The total amount payable by CITY shall not exceed $402,344.00.

ARTICLE VII. EXTRA SERVICES
CITY agrees to pay CONSULTANT for extra services not contemplated hereunder as set forth in the Scope of Services or for such services as may be specifically requested by CITY through the City Engineer in writing and agreed to by CONSULTANT for an agreed to fixed fee or hourly rate of compensation or for necessary expenses over that listed in the Budget; provided, however, the City Engineer's authority is limited to expenditures not to exceed the amount of $402,344.00 dollars.

ARTICLE VIII. TERMINATION
A. This AGREEMENT may be terminated by CITY, provided that CITY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, CITY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date.

B. CITY may temporarily suspend this AGREEMENT, at no additional cost to CITY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If CITY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination provided for in subsection A of this section.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to CITY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT, except as provided in ARTICLE VIII. Upon termination, CITY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

ARTICLE IX. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 5 C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to CITY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE X. RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Government Code § 8546.7, the CONSULTANT, Subconsultants, and CITY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT. CITY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSUTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ARTICLE XI. AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by CITY’S City Manager or designee.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by CITY’S City Manager or designee of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by CITY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, CITY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by CITY Project Manager to conform to the audit or review recommendations.

CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by CITY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, CITY or local governments have access to CPA work papers, will be considered a breach of 6 AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by Caltrans Audits and Investigation (A&I). Caltrans A&I, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the CITY Project Manager to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During Caltrans A&I’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, Caltrans A&I will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If Caltrans A&I identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by A&I.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If Caltrans A&I is unable to issue a cognizant letter per paragraph E.1. above, Caltrans A&I may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. Caltrans A&I will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if Caltrans A&I is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.
7 4. CONSULTANT may submit to CITY final invoice only when all of the following items have occurred:
(1) Caltrans A&I accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of CITY; and, (3) Caltrans A&I has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between CITY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE XII. SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the CITY and any subconsultants, and no subcontract shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the CITY for the acts and omissions of its subconsultants/subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its subconsultants/subcontractors is an independent obligation from the CITY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the CITY Project Manager, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

C. Any subcontract entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the CITY.

E. Any substitution of Subconsultants must be approved in writing by the CITY Project Manager in advance of assigning work to a substitute Subconsultant.

ARTICLE XIII. ASSIGNMENT
It is understood that neither party shall assign, sublet, subcontract or transfer its rights or obligations under this Agreement except with the prior written consent of the other party.

ARTICLE XIV. STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer 8 (http://www.dot.ca.gov/hq/construc/LaborCompliance/documents/DistrictRegion_Map_Construction_7-8-15.pdf). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at CITY construction sites, at CITY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve CITY projects.

Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by CITY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the CITY Project Manager by both email and regular mail on the business day following receipt of the request. 9 3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by CITY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform CITY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by CITY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the CITY Project Manager.

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775.

Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the CITY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion 10 thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, CITY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

6. If CITY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if CITY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by CITY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the CITY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815. 11 H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subcontract exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.

Penalties are specified in Labor Code §1777.7.

ARTICLE XV. CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this AGREEMENT or any ensuing CITY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing CITY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to CITY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT.

CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either CITY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XVI. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any CITY employee. For breach or violation of this warranty, CITY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
12 ARTICLE XVII. PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR LOBBYING A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or CITY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard FormLLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVIII. NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by CITY to implement such article. The applicable regulations of the Fair Employment and 13 Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

ARTICLE XIX. DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to CITY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. 14 Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XX. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. This AGREEMENT is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the CITY in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is 0%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10-O1: Consultant Proposal DBE Commitment , or in Exhibit 10-O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. DBEs and other small businesses, as defined in 49 CFR Part 26 are encouraged to participate in the performance of AGREEMENTs financed in whole or in part with federal funds. The CITY, CONSULTANT or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTLANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the CITY deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible E. A DBE firm may be terminated only with prior written approval from CITY and only for the reasons specified in 49 CFR §26.53(f). Prior to requesting CITY consent for the termination, CONSULTANT must meet the procedural requirements specified in 49 CFR §26.53(f). If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.
15 F. Consultant shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of Consultant) pursuant to prior written authorization of the CITY’s Project Manager.

G. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis.

A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. Upon completion of the AGREEMENT, a summary of these records shall be prepared and submitted on the form entitled, Exhibit 17-F: Final Report-Utilization of Disadvantaged Business Enterprise (DBE) First-Tier Subconsultants, certified correct by CONSULTANT or CONSULTANT’s authorized representative and shall be furnished to the Project Manager with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to CONSULTANT when a satisfactory “Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants” is submitted to the Project Manager.

L. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to CITY’s Project Manager within thirty (30) calendar days. 16 M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

ARTICLE XXI. INSURANCE
Without limiting Consultant’s indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Subconsultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.

Minimum Scope and Limits of Insurance
Consultant shall maintain limits no less than:
 $2,000,000 General Liability (including operations, products and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00

01.General liability policies shall be endorsed using ISO form CG 20 10 that the City and its officers, officials, employees and agents shall be additional insureds under such policies.  $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
 Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, it’s officers, agents, employees, and volunteers.
 $1,000,000 Professional Liability (Errors & Omissions) per claim and in the aggregate. Consultant shall maintain professional liability insurance that insures against professional errors and omission that may be made in performing the Services to be rendered in connection with this Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement. The cost of such insurance shall be included in Consultant’s bid.

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

Proof of Insurance
Consultant shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all 17 times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

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

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

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

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

Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.

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

Additional Insurance
18 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.

ARTICLE XXII. INDEMNIFICATION
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 (but, for claims alleging professional liability, shall not defend) City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including reasonable legal counsel’s fees and costs based on a third party tort claim, but only to the extent caused by the negligence of Consultant (and its Subconsultants), on a comparative basis of fault between the Consultant (and its Subconsultants) and the City in the performance of professional services under this agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault.

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 reasonable legal counsel’s fees and costs, court costs, defense costs, and expert witness fees), based on a third party tort claim, to the extend caused by, the negligent 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. In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault.

ARTICLE XXIII. FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to CITY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or CITY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. CITY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XXIV. CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties. 19 B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by CITY’s Project Manager.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by CITY’s Project Manager.

ARTICLE XXV. CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, CITY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXVI. DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after fortyfive (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of CITY’s Project Manager and CITY’s Engineer, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by CITY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

ARTICLE XXVII. INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit CITY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXVIII. SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by CITY 20 Safety Officer and other CITY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, CITY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

ARTICLE XXIX. OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever.

Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession.

Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract.

Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).

E. CITY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXX. CLAIMS FILED BY CITY’S CONSTRUCTION CONTRACTOR A. If claims are filed by CITY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with CITY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. 21 B. CONSULTANT’s personnel that CITY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from CITY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with CITY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXXI. CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to CITY’s operations, which are designated confidential by CITY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by CITY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or CITY’s actions on the same, except to CITY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by CITY, and receipt of CITY’S written permission.

E. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than CITY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

ARTICLE XXXII. NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.
22 ARTICLE XXXIII. EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by CITY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXIV. RETENTION OF FUNDS
No retainage will be withheld by CITY from progress payments due the CONSULTANT. Retainage by the CONSULTANT or subconsultants is prohibited, and no retainage will be held by the CONSULTANT from progress due subconsultants. Any violation of this provision shall subject the violating CONSULTANT or subconsultants to the penalties, sanctions, and other remedies specified in Business and Professions Code §7108.5. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by the CONSULTANT or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE CONSULTANT and subconsultants.

ARTICLE XXXV. NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CITY OF MADERA CONSULTANT
Keith Helmuth, City Engineer Mike Persak, Senior Project Manager Engineering Department O’Dell Engineering
428 E. Yosemite Ave 1165 Scenic Drive, Suite A
Madera, CA 93638 Modesto, CA 95350

ARTICLE XXXVI CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named CITY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.
23 ARTICLE XXXVII

SIGNATURES
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written.

CITY OF MADERA O’DELL ENGINEERING
By: By:

Santos Garcia, Mayor Name:

Title:

Taxpayer ID Number
APPROVED AS TO FORM:

By:

Hilda Cantu Montoy, City Attorney
ATTEST:

By:

Alicia Gonzales, City Clerk
ATTACHMENT 2
Budget Appropriation Resolution

RESOLUTION NO. 22-______
A RESOLUTION APPROPRIATING $450,000 TO FISCAL YEAR (FY) 2022/23

CAPITAL PROJECTS
CITY PROJECT R-94, AHSC PROJECT NO. 19-AHSC-12760;
WHEREAS, the Capital Improvement Program (CIP) includes a project to design and construct sidewalk improvements, bike lanes, and safety improvements at various locations in Madera in connection with the Veterans Housing project located at 5th Street and C Street ; and WHEREAS, this project is funded through a Affordable Housing and Sustainable Communities Grant; and
WHEREAS, engineering services by a professional firm are required for Bid Package 3 Sidewalk Improvements at Various Locations component of the Project; and WHEREAS, there is a desire to enter into a consultant services agreement and incur expenses related to the preliminary engineering phase prior to adoption of the City’s FY 2022/23 Budget.

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

1. The above recitals are true and correct.

2. Funds shall be appropriated in the FY 2022/23 Capital Projects Budget in accordance with Exhibit A, which is incorporated by reference herein.

3. The City Clerk is authorized and directed to forward a copy of the resolution to the Director of Finance who is authorized to take such action as necessary to implement the terms of this resolution.

4. This resolution is effective immediately.

EXHIBIT A
FY 22/23 BUDGET APPROPRIATION FOR
SIDEWALK IMPROVEMENTS AT VARIOUS LOCATIONS, R-00094

ORG CODE OBJECT
CODE

PROJECT

CODE DESCRIPTION

APPROPRIATED CHANGES
(+) (-)
40210000 7050 R-00094 Sidewalk Design Phase $450,000.00 TOTALS $450,000.00

ATTACHMENT 3
Location Map
Tozer St
N
D
St
S C St
S D St
S B St
S E St
Clinton St
N I St
S A St
E 6th St
Lilly St
N Gateway Dr
Ave 15 1/2
S I St
Howard Rd
N
Schno
or Ave
W 6th St
N
Granada
Dr
S G St
N G St
E Yosemite Ave
E 5th St
N H St
Will si A
v
e
S H St
E Cleveland Ave
E Olive Ave
N E St
Will ai ms A
v
e
Fig St
N Lake
St
S K St
S Gateway Dr
E Lincoln Ave
Sunset Ave Sunrise Ave
Maple St
S L St
Aust ni St
N N St
S J St
Elm St
W 3rd St
E Rush St
E 4th St
W Olive Ave
S
onora
St
W Yosemite Ave
S
ei rra
St
N C St
N B St
N O St
M
a ni berry
Dr
Riverside Dr
Tu al re
St
W Park Dr
R
otan Ave
Cross St
W 4th St
Vineyard Ave
D
av si St
E 3rd St
Hull Ave
Hilton St
N
P ni e
St
Orchard Ave
Sharon Ave
Storey Rd
N L St
Venturi Ave
F
airv ei w
Ave
S
M
adera
Ave
E 11th St
O
wens St
N Park Dr
N A St
S N St
Adelaide St
C
o ul mb ai St
E
ast Lo
op
E 12th St
H
ospital Ditch
N M St
E South St
Oak St
Merced St
Kno
x
St
University Ave
E 13th St
Bloker St
W 7th St
W Industrial Ave
Oso Dr
Cutting St
E 10th St
Jefferson Ave
S
P ni e St
Ardilla Dr
S O St
Nebraska Ave
Del al val el Ave
W Lewis St
Grove
St
N J St
E 14th St
Grant Ave
Kno
x
Ave
Washington Ave
S
et phan ei Ln
Walnut St
P
ark St
P
ark Ln
N K St
Sundance Ln
N P St
W
al al ce
Ave
Laurel St
R
o
osevelt Ave
Mission St
N Q St
W
est Lo
op
Roberts Ave
Beechwood Way
S
at d ui m
Rd
E 2nd St
Ta
y
ol r Ln
L ni den St
Schno
or St
M
ontere
y
St
Malone St
Dutra Way
State Hwy 145
W 9th St
Phill pi St
Flume St
S
o
al no
St
Riverview Dr
Moore St
Daulton Ave
High St
St ni son Ave
Trevor Way
Jennings St
Fresno
St
S
anta
Cruz St
Shannon Av
e
R
ogers St
River Pointe
Dunham Ave
S
Granada
Dr
S P St
de Cesari Ave
Joy
St
F
os et r Av
e
C
o
y
o
et Ln
Green Way
Modoc St
Magnolia St
W 8th St
Cypress St
R
o
y
al Dr
Krest St
Third St
California Ave
Driftwood Dr
Pinewood Dr
Raymond Rd
W 2nd St
Q St
Azure
Dr.

S Park Dr
Judith Way
Berry
Dr
Lyon St
Toronado
Dr
A
m
er ni e
Ave
Sharon Blvd
N
Schno
or St
Princeton Ave
S Lake S
P
t
aul Av
e
W 5th St
S
assafras Dr
E 9th St
Br di ge
W
a
y
Fillmore Ave
Ula St
Im
p
erial Dr
Val el y
W
a
y
Lillian
St
M
onarch Rd
Grapewood Way
W Lincoln Ave
M
ar pi osa
St
W Central Ave
S M St
Linda Mesa Dr
Meadowrest Way
H
arbor Dr
Mace St
Percy St
Pointe
W
W Park
C
orona
Dr
Plumas St
N R St
Manzana Ct
E Central Ave
Carrey Ave
Bay Ct
Shannon St
Frederick Way
Kno
x
Ct
Fifth St
Lansing St
Dyer Ave
Seasons Ct
E 7th St
Accornero
St
W South St
National Ave
Jonathan Way
Paseo del Mar Pkwy
E Dunham Ave
Sycamore St
Poppy St
Padre St
de Santi Ave
Terra
ce
Pl
Ramona St
Park Dr
Varbel al P
ark
W 12th St
Breeze Way
F
all Dr
Clemmensen Ave
Meadows Loop M
alta
Av
e

81.5 Fritz St
Arbella
Ln
Koufax Dr
Julius Ave
M
aple
Ct
S
and D
ol al r Ct
Balsam Ct
Toschi Dr
Alderwood Ct
Main Canal No
1 Fig St
Ave 15 1/2
E South St
Lilly St
Sundance Ln
Riverview Dr
Green Way
Lil yl St
Percy St
National Ave
Krest St
Roberts Ave
M
erced St
W 5th St
Riverside Dr
S A St
W 8th St
Fifth St
N Lake St
W 3rd St
W Central Ave
Driftwood Dr
E 9th St
W Olive Ave
E Central Ave
W 4th St
W 7th St
N
Granada
Dr
S Lake St
N
Granada Dr
W 3rd St
E 4th St
Riverview Dr
Roberts Ave
W 5th St
W 4th St
Fresno
St
Sunset Ave
Shannon St

SIDEWALK IMPROVEMENTS AT VARIOUS LOCATIONS
Legend
Proposed Sidewalk
City Roads
City Limits
CITY PROJECT R-94 BID PACKAGE 3

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: August 3, 2022
_________________________________ Agenda Number: ___________ Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Amendment No. 2 to the Lease Agreement between the City and Madera Cab Company RECOMMENDATION:

Adopt a Resolution Approving Amendment No. 2 to the Lease Agreement between the City and Madera Cab Company for the use of office space at the Madera Intermodal Transit Center SUMMARY:

The City owns the Madera Intermodal Transit Center (MITC) located on N. E St., between E.

Yosemite Ave. and E. 5th Street. The City owns the building and has no outstanding debt on said improvements. Currently, a small portion of the building is leased to the Madera Cab Company (MCC). The other portions of the building are currently vacant. Previously, the MITC housed Madera Metro transit operator MV Public Transportation, Inc. (MVPT Inc) and Greyhound Lines, Inc. In October of 2020 MVPT Inc relocated to the newly built Transit Center. As of March 2022, Greyhound decided to discontinue the lease with MITC due to loss of revenue. Greyhound continues servicing the City and uses the MITC as a service destination. Thus, buses arrive; however, they do not access the building.

The MITC is designed to offer multiple modes of transportation and connectivity through Greyhound, Taxi, Madera County public transit system (Madera County Connection), and the City’s public transit system (Madera Metro). The current lease agreement with MCC sunsets on August 31, 2022 and does not contain terms for extension or renewal, but all parties agree to the benefit of offering multiple modes of transportation at a central location. ▪ Floor space of the MITC is considered commercial retail and lease prices are marketed between- $0.90 - $1.10 per square foot (sf), which is comparable to other prices in Downtown Madera.

B-7
▪ Madera Cab Company has access to a Common Area that includes a waiting area, restrooms, foyer, and access to bus driveways, a bus boarding area, and cab parking.

It is noted that as part of the Affordable Housing Sustainable Community (AHSC) Grant (5th and C Streets), funds were included to complete several projects, including improving the MITC. The City received approximately $288,000 as part of the grant to improve the station, which also includes the installment of bike racks, bus signage, and security enhancementsto improve safety within one mile of the new residential buildings. While renovations will cause some disruption to the tenants, efforts will be made to minimize said impacts and to avoid prolonged closures.

Staff is still working towards determining the best use of the MITC. However, renovations are forthcoming, therefore staff is recommending that Council consider a 12-month lease agreement with MCC with a contingency. The contingency to the agreement is defined as to when renovations to the MITC are scheduled to occur, the agreement between the City and MCC will be suspended.

In the spirit of fairness, the City will continue to negotiate with MCC following the renovation.

Table 1 summarizes the proposed lease agreement with MCC:

Table 1: Lease Agreement Comparison
Existing Agreement Proposed Agreement
Rate per square foot (sf) $1.00 $1.00
Lease Area in (sf) 160 160
Lease rate per month $175 $175
Access to common areas Yes Yes
Agreement sunsets August 31, 2022 August 31, 2023
Length of Agreement 6 Months 12 Months
Utilities Lessee Lessee
Maintenance of common areas City City
In addition to the leased space, the City will continue to manage repair, maintenance and janitorial services for the building, common areas and parking. MCC is responsible for janitorial costs of their leased space and pay a pro-rata share based on amount of space leased towards the City’s contracted janitorial service to meet this commitment.

Should the recommended terms of the agreement not be approved, staff is recommending the lease operates on a month-to-month basis until a new lease is executed.

FINANCIAL IMPACT:

There is no impact to the General Fund as revenue and expenses related to the MITC only affects the Transit budgets. Approving the leases will generate approximately $2,100 that will help defray some of the cost of maintaining the MITC and improve Madera Transit’s farebox recovery ration. Expenses for the facility are serviced by a combination of Federal and State Funds, summarized in Table 2.

Table 2: Federal and State Funds
Source FY21/22 Allocation
Federal Transit Authority (FTA) Section 5307 – Operation Assistance State Transit Assistance (STA) (Annual Allocation Amount Varies) CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

The Management and Operations Agreement supports the Vision Madera 2025 Plan as follows:
▪ Strategy 121:
o Multi-modal transportation: Develop a city-wide multi-modal transportation plan to ensure safe, affordable and convenient transportation modes for residents and businesses within Madera.
▪ Strategy 407:
o Promote and expand existing services, supportive services, case management, and self-sufficiency for Madera residents to maintain independent lifestyles.

ALTERNATIVES:

As an alternative, the Council may elect to:
▪ Reject the lease agreement and provide direction for staff to return with renegotiated terms and conditions. The rejected lease agreement would continue to operate on a month-tomonth basis until a new lease is executed or the current lease is terminated by either party. ▪ Reject the agreement and no longer provide the space for lessee at the Madera Intermodal Transit Center or make the space available to new commercial tenants or available to other City staff/services.

ATTACHMENTS:

1. Attachment A Resolution Approving Amendment No. 2 – Madera Cab Lease Agreement o Exhibit A to Resolution: Amendment No. 2, Lease Agreement between City and Madera Cab Company

2. Attachment B – Lease Space

3. Attachment C – Parking Area
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE LEASE

AGREEMENT BETWEEN THE CITY AND MADERA CAB COMPANY FOR THE

USE OF OFFICE SPACE AT THE MADERA INTERMODAL TRANSIT CENTER WHEREAS, the City of Madera (City) and Madera Cab Company entered a three-year agreement for the lease of office space atthe Madera Intermodal Transit Centerlocated at 123 North E Street on February 20, 2019; and
WHEREAS, the Parties entered Amendment No. 1 to the Agreement on January 19, 2022, to extend the Agreement to August 31, 2022; and
WHEREAS, the Parties wish to enter Amendment No. 2 to the Agreement to extend the Agreement to August 31, 2023; and
WHEREAS,the Parties agreed to a lease rate of $175 per month.

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

1. The above recitals are true and correct.

2. The City Council approves Amendment No. 2 to the Lease Agreement between the City and Madera Cab Company forthe use of office space atthe Madera Intermodal Transit Center which is attached as Exhibit A and incorporated by reference.

3. Thisresolution is effective immediately upon adoption. ***
----
Recorded at the Request of City of Madera
When Recorded Return to:

City of Madera
City Clerk
205 W. 4th Street
Madera, CA 93637
(Fee Waived PerGovernment Code Sections 27383 &27388.1 (a)(2)(D). No fee due, no document tax due). R&T 11922 AMENDMENT NO. 2 TO THE LEASE AGREEMENT BETWEEN THE CITY OF MADERA AND

MADERA CAB COMPANY
(Recorder’s Office DocumentNo.)
This Amendment No. 2 to the Lease Agreement for office space use atthe Madera Intermodal Transit Center between the City of Madera (Lessor) and Madera Cab Company (Lessee) is entered into effective September 1, 2022.

RECITALS
WHEREAS, the City of Madera (City) and the Madera Cab Company entered into an agreement for the lease of space at the Madera Intermodal Transit Centerlocated at 123 North E Street on February 20, 2019; and
WHEREAS, the Lease Agreement for a 3-year term beginning March 1, 2019 was scheduled to expire February 28, 2022; and
WHEREAS, per Amendment No. 1 the Parties extended the Agreement to a six-month extension to August 31, 2022; and
WHEREAS, the Parties wish to extend the Agreement to a twelve-month extension to August 31, 2022 and amend the rent amount; and
WHEREAS,the Parties wish to enter Amendment No. 2 as set forth herein.

AMENDMENT
SECTION 1. Section 3 of the Lease Agreement entitled “Term” is amended to read as follows:

The term of this lease extension shall be 12 months, commencing September1, 2022, and concluding on August 31, 2022.

Following the renovation of the Madera Intermodal Center, Madera Cab Company shall have seniority to request the use of the Madera Intermodal Transit Center as their place of business and wishing to renew the Lease Agreement for a longer term.

SECTION 2. Section 4 of the Lease Agreement entitled “Rent” is amended to read as follows:

Lessee shall pay to Lessor as rent for use of the Facility equal monthly installments asindicated below payable on or before the first day of each calendarmonth ofthe term. Rent for any period lessthan one month shall be a pro rata portion of the monthly payment. Rent shall be payable to Lessor atthe addressstated herein orto such other person or atsuch other place as Lessor shall designate in writing as provided herein.

Rent from September 1, 2022 through August 31, 2023 shall be at $175 per month.

SECTION 3. Except as amended by this Amendment No. 2, all terms and conditions ofthe Lease Agreement shall continue in full force and effect.

IN WITNESS WHEREOF, the Parties hereto have executed or caused the extension to the Agreement to be executed as of the date and year written above.

CITY OF MADERA MADERA CAB COMPANY
By:

Santos Garcia, Mayor
By:

Print Name:

Title:

Date: Date:

TaxpayerID Number
APPROVED AS TO FORM:

By:

Hilda Cantú Montoy, City Attorney
ATTEST:

By:

Alicia Gonzales, City Clerk
Abraham Caballero
Owner
7/27/2022
94-1242188
ATTACHMENT "B"
- Lease Space
Taxi
I
I
1t -
..
• 4
• f
:;;-
Ii'• ....

BAGGAGE
,OJ
OFFICE
·~
t•oJ'

TICKETS
I I
I- _I
"1,02
• II •. _,. 1-.~~ I •·•· ff- - r- L=
,_
I
L ~ r IM· '
I
-···· - -
... _ ...
, .. ..
;.
l .• _,,__
'U7l omcE
l,Ak !V.CC'#AT'-
stt nrcr-1tN..
ti
.,
= 1 .,,., I --
.. l •·•· -.... l ,·-·· I ·-1 ·1··
l • -- .c.= ____ "--f_ --- --~ 11-0" -- "°r I tf'•.-___ ,r-----, I
C• 0, (.N.L(M •
ATTACHMENT "C" - Parking Area
: L.,--'''t: . . . . . . . '.
□ □
□
□ 0

Federal Transit Administration Grant Application for Transit Capital Assistance RECOMMENDATION:

Adopt a Resolution authorizing submittal of a Federal Transit Administration (FTA) Section 5307 grant application in the amount of $698,053
SUMMARY:

The City has available FTA Section 5307 funds from Fiscal Year (FY) 17. Unlike a Competitive Grant, Section 5307 is a Formula Grant and monies are automatically allocated to the City each fiscal year. Nonetheless, the City must apply for the said funds within five years of the allocation period to prevent lapsing. The City previously applied for and withdrew a portion of the allocated amount for the construction of the Madera Transit Center. To date, there is a remaining balance in the amount of $698,053 that must be claimed by and awarded to the City before the expiration date of September 30, 2023. Council authorization is a prerequisite to obtaining funds.

It is noted that the grant requires a local match of 20 percent. The City has available funds from TBD to match. Table 1 summarizes the Federal Funds available to the City and the Local Match requirement per funding source:

Table 1: Federal Funds
Funding Source Requesting Amount Local Match
Requirement Lapsing Date
FY 17 - Section 5307 $698,053
80% Federal Match
$174,513
20% Local Match
September 30, 2022
B-8
Staff is proposing to use FY17 - FTA 5307 funds to procure four new transit vehicles. These vehicles will replace older fleet that have exceeded their “Useful Life Benchmark” (10 years of use). Staff recommends allocating Local Transportation Funds in its FY 2022/23 budget to cover the local match requirement, thus eliminating the use of General Fund dollars.

DISCUSSION:

City staff, Transit Advisory Board members, and other stakeholders have collaborated and strategized to identify multiple methods to improve and enhance the City’s public transit system.

As City staff reviewed and assessed all transit assets, the need to modernize and replace transit vehicles became evident. Procuring new fleet will enhance Madera Metro’s transit system by improving reliability, safety, and efficiency. Eligible uses of FTA Section 5307 funds includes vehicle and facility procurement, vehicle and facility preventative maintenance, security and surveillance, and operation assistance. Staff is recommending that the City claims the remaining balance of FY17 - Section 2307 Funds in the amount of $698,053 for the indicated projects before the expiry date of September 30, 2022.

In January of 2022, City staff received a quote from Creative Sales for the procurement of four 26ft CNG Transit Vehicles (Attachment B). It is also important to note that due to demand, the price of Transit Vehicles have also increased overtime. If necessary, other existing grant funds will be used to make up the purchase amount difference.

Table 2 summarizes the proposed project that may be funded with FY17 - FTA 5307 funds:

Table 2: FTA 5307 FY 17 Federal Fund Description of Proposed Use Project Purpose Total Project Cost
(Federal + Local Share)
4 – 26ft CNG Transit Buses Vehicle Replacement $644,000 Preventative Maintenance Support Equipment and Facilities Maintenance
$228,566
Table 3 summarizes the transit vehicles proposed for replacement:

Table 3: Vehicles Proposed to be Replaced
Vehicle Make Model and Fuel Type Vehicle Length /
Passenger Capacity Year Current Miles(As of June 2022)
Years Useful
Life Exceeded
Ford E-450* Elkhart - CNG 26ft / 17 2012 184,470 -2
Ford E-450 Elkhart - CNG 26ft / 17 2012 219,214 -2
Ford E-450 Elkhart - CNG 26ft / 17 2012 281,259 -2
Ford E-450 Elkhart - CNG 26ft / 17 2012 163,852 -2
*Out of Service as of December 2021
FINANCIAL IMPACT:

The project listed in Table 2 does not impact the City’s General Fund as all transit operation and preventative maintenance cost are expended through Local Transportation and Federal Transit Administration grant funds.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Being awarded these available funds supports the Vision Madera 2025 Plan as follows:
▪ Strategy 121
o Multi-modal transportation: Develop a city-wide multi-modal transportation plan to ensure safe, affordable and convenient transportation modes for residents and businesses within Madera.
▪ Strategy 433
o Air Quality: Maintain or improve air quality through innovative programs and cooperative local plans. Ensure adherence to State and Federal air-quality policies.

ALTERNATIVES:

As an alternative, Council may:

1. Direct staff to reconsider this proposed allocation and identify an alternative project.

2. Ask staff to seek alternative revenue sources to finance the project.

ATTACHMENTS:

1. Attachment A - Resolution Authorizing Submittal of Section 5307 Grant Application

2. Attachment B - Creative Sales Quote

3. Attachment C – Vehiclesto be replaced
• Exhibit A – Madera Metro Fleet Inventory
RESOLUTION NO. 22-_____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT

ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED

STATES DEPARTMENT OF TRANSPORTATION, FOR FEDERAL
TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C. CHAPTER 53; TITLE 23, UNITED STATES CODE, OR OTHER FEDERAL STATUTES

ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION
WHEREAS, the Federal Transit Administration (FTA) has been the delegated authority to award federal financial assistance to the City of Madera (City) for a transportation project; and WHEREAS, the City has been notified that it is eligible to receive FY17 - Section 5307 FTA Funds for the amount of $698,053; and
WHEREAS, the City intends to utilize FTA funds for the procurement of transit vehiclesfor the enhancement of Madera Metro’s transit fleet; and
WHEREAS, the grant for federal financial assistance will impose certain obligations upon the City, and will require the City to provide a local share of $174,513 for the Section 5307 requirement; and
WHEREAS, the City of Madera will provide all annual certifications and assurances to the FTA required for the projects.

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

1. The above recitals are true and correct.

2. The Council authorizes the Mayor, to execute and file an application for federal assistance on behalf of City of Madera with the FTA for federal assistance authorized by 49 U.S.C.

Chapter 53, title 23, United States Code, or other federal statutes authorizing a project administered by the Federal Transit Administration.

3. The Council authorizes the Mayor, to execute and file with its applications the annual certifications and assurances and other documents the FTA requires before awarding a federal assistance grant or cooperative agreement.

4. The Council authorizes the Mayor, to execute the grant and cooperative agreements with the FTA on behalf of the City of Madera.

5. This resolution is effective immediately upon adoption. *****
(. Creative Bus Sdes
13501 Benson Avarua · Chino, CA 91710 800.326.2877
Creative Bus Sales
The Nation's Largest Bus Dealer
(888) 633-8380
CalACT RFP #15-03 - Class C Ford (E450) - Quote Sheet 01-07-2022 Vehicle Type: Class C - Ford (E450) Ford GPC#: QA744
Contact: Randy Collin Type of lift: 0 Braun 0 Rlcon
Agency: City of Madera Lift Location: 0 Front O Rear
Address: 205 West 4th Street Seat Material D-90: 0 Vlnyl D Clolh City, State, Zip: Madera, CA 93637 Seat Color: Blue
Phone: 559-661-5469 Reflective Stripes: 0 Yes (2) 5" D No Fax: 559-661-0760 Stripe Color: Custom Graphics
E-Mail: Salesperson: Dan Williams
Quantity: Description Price Ext. Price
1 Starer aft Bus - Class C CNG - (Ford £450/ Bus $100,079.00 $100,079.00 Published Options
1 AM/FM/CD Per Spec $0.00 $0.00
1 Spare Tire - (loose, Full Size, To Match OEM Chassis} $0.00 $0.00 2 Freedman Foldaway Seat - (Double/ $1,365.00 $2,730.00 1 Drivers Seat - USSC G2E - /Standard) $0.00 $0.00
18 Freedman Docket 90 Cloth - /Per seat/ $60.00 $1,080.00 1 Mor/Ryde Suspension System $1,010.00 $_1,010.00
1 Raised Floor· /WestCoastStyle/2 Step/ $505.00 $505,00 1 Ricon S-5005 $1,100.00 $1,100.00
1 Thermo King SA 800 $7,500.00 $7,500.00
1 Sportsworks Bike Rack - (Black 2-Blke/ $2,500.00 $2,500.00 1 Dialight Exterior LED $800.00 $800.00
1 Dialight Interior LED $525.00 $525.00
1 Velvac Power Mirrors - (Upchorge over std/ $150.00 $150.00 2 Crossover Mirror $120.00 $240.00
1 Gerflor Flooring $0.00 $0.00
1 REI PA System - (4/nterior /l Exterior Speaker} $395.00 $395.00 1 "Stop Request" System - (w/ADA Buttons on Seat & WC/Sign/Chime/ $750.00 $750.00 1 Hanover Electronic Signs - (Front/Side/ $5,530.00 $5,530.00 Class B - Medium Bus 1 OF 2
ADA
$9,200.00
$2,J30.00
$505.00
$1,100.00
$395.00
$750.00
$5,530.00
1/11/2022
1 Seon 1 TB DVR W/GPS - 4 Camera $4,520.00 $4,520.00
1 CNG Upgrade to 39 GGE $3,600.00 $3,600.00
Non-Published Options
1 Tow Hooks $80.00 $80.00
1 Custom Graphics Per City of Madera Design $5,645.00 $5,645.00 1 light (2) 7" Amber LED light for Turn Signal $414.72 $414.72 1 light (2) 7" Red LED Light for Turn Signal $414.72 $414.72 1 Fare Box - Diamond XV 2 Vaults $2,739.20 $2,739.20
1 Walker Storage Rack $768.00 $768.00 $768.00
1 Decals - Watch Your Step-No Eating-No Smoking $97.28 $97.28 Class C - Base Price $100,079.00
I Published Options $32,935.00
Non-Published Options $10,158,92
�otal II $143,172.921 $20,978.00
Doc Prep Fee $80.00
Mobility Tax $82.50
Non-Taxable $20,978.00
Taxable Amount $123,154.92
i Madera• ... Tax Total $10,160.28 8.250%
Sub-Total $153,495.70
calACT Fee $2,147.59
DMV E-File Fee: $29.00
DMVFee $0.00 {Estimated/
Tire Fee $12.25
Local Delivery $880.oor I
Total $156,564.54 Inter( MIies
Number of Units 4
!Final Total II $626,258.16
Class B - Medium Bus 20F2 1/11/2022
MADERAN1ETRO.GOV
-
~
i71 MADERA
i
.,
□ 000 ------- O ,,,,,, "' ------- ' I
t"
I
I
I
I
I
,"
MADERAMETRO.CiOV
- ' ,
II 111'"' II u " , II lJ " , n n "' II II - - ..
~ I "'~ ........ ........ J ..... ' '

MADERA-
h ..... -- · • ====~--'- ~· ·• - :::=:r:=r--:-=·- -n ==-=~ - -·• --- · ··~ • . ... 86 :.:;.z~!!.~PJ:,?f:'X.!":Wfii$f1
, ·1 __________ 1
1------- ----210~
- :'!O- l-31-1-31-t 502 1--J--- ::1 '16--t--·J!)-
., ' -,,.,' 4T ~= ~L
!>
llllU!!:WSi#1l
·••· &flnlimros •
11 li!lllnnrunon!II
-,~ ' ' L'<rt~~~Jf u ~lh r I ·-~r
..:IG"'l,'11\lOIY
l!i 0\
iVnlOO'I/
--28-1-31--1--31...L- 1o'l; I a I
WALKER
:1TOMGI: f?ACJ,

TWO STEP ENTRY

RAISED PLOOR
;I
l
,_'--+--7"11··~1 ~----l---·
--·4i'1- - 10 -
~mi1 I
I ·~111111 ~
·I
1 1~--------f9ll----- ------1• si.!-
l-------------------------3·Mi~-- ----------------------- 1 II NO'fE: SHOWN worn 1-llO 1-1/ FllEEllt,1/INSEA:TS ,\ll6T/IFI E:•IGO·M,Sll'J G\/Wfl nus Hoon Pl.AN IS r:on 11.1.Usm/\TION PURPOSES ONLY.

A VIEIG)·IT tiN/\L VSIS l'll\S NOT VET 81:EN PERFO[lMEO,

DEALER APPROVAL
FlNAI. /IPJ>RO•iAl WITll A WcJGl tr llll/\t.VSIS is REQUITTBJ UPON REeEIFT OF A COMPLETE,;> OllOER WrrH 1\1.l OPTlONS,SHOWN.

OPllON/\L EOU!J>nJENT IMY OE SMOWN. TflE GALES OROEll flll\Cl:O OIOTIITES I\CTU/11.GP-TIO~ CIJNiE!,l'r. 0 APPROVED

CUSTOMER SIGNATURE
SCALE
11\1 INCHES krnl1,,,,!, 1,11I1,111I
~U~u~~~~o~i:J!,n:,~-1~~~\'irrik':.!:~L'ii:.~~~'f.i;"J~ - - - -;;;;Le,w,ceu,l'l!SS STARCRAPT' B.US ~~ fORllSTilr~. ITSIIN.U:oro~·coptEDOI\ DUrLl~l\l(O '" O!!MVl~E~ oulrl.l,.. orFou,on/vc,,/11~- I "IIY/JAfmm: no.1m1111.L1YDE,SIJOMfl.'l~O'"IOOUT!ilOE J • ·t PMT1,!:r<JRG/<,1!1UII/\TIO!ll'lltll<l',)lllU~VIRmt:N WOOi) OTIIER o,,rr., tll/;i'51 17 'Ill~ : 1~P~.2.\'M: ,,uWIB <:ONr,Ghr.n-1:; lo~l•~"ll,l'O.R>/G£Wn11n~t 01e1tcE10 I vn· 1 • 1110· lrt>L'll" •r-c W.20tl/11L:;"l'I\I\ 1'1011\{UtlOEnCO!lmhC)"\VIOI.OR l;nOf'03~~•j1.nmt1 ilIT-'. - - . . • TO!J1Mr.Mr-T U1IG. fln1Y1$10110f r-rnu:or 1w1r:11. lo11.' ol,st!l11'na\;:or•rnN-!Ge II:< Ctll< VATE 6Cllt!•. ! 1' I .!.112' w/u.trn. t3?.V/C'-'ODfOW31'/I\IJ\EIHIIC1: 1~) 10llJliA ~ ~ - • .....z= ·-- Attachment C
The vehicles to be replaced are primarily used for the City’s Dial-A-Ride Service and as backup to the City’s Fixed Route System. Vehicle pictured (Bus 39) is identical to Buses 37,38, and 40 that are proposed to be replaced using Section 5307 Federal Funds Exhibit A
Table 1 – Madera Metro’s Current Fleet / Vehicle Replacement Date Year Make Model Fuel
Type
Passenger
Capacity Length UsefulLife Years
Schedule to be
Replace
2012 Ford E-450 Elkhart CNG 18/2 26 FT -2
FY 23/24
Funding Source
Section 5307
Section 5339
2012 Ford E-450 Elkhart CNG 18/2 26 FT -2
2012 Ford E-450 Elkhart Gas 18/2 26 FT -2
2012 Ford E-450 Elkhart CNG 18/2 26 FT -2
2012 Ford E-450 Elkhart CNG 18/2 26 FT -2
2013 Ford E-450 Starcraft CNG 18/2 26 FT 2 FY 25/26
Funding Source
Section 5307
Section 5339
2013 Ford E-450 Starcraft CNG 18/2 26 FT -1
2013 Ford E-450 Starcraft CNG 18/2 26 FT -1
2013 Ford E-450 Starcraft CNG 18/2 26 FT -1
2013 Ford E-450 Starcraft CNG 18/2 26 FT -1
2019 Ford E-450 Starcraft Gas 17 26 FT 8
FY 29/30
2019 Ford E-450 Starcraft Gas 17 26 FT 5
2019 Chevy 4500 Arboc Gas 17 26 FT 8
2019 Chevy 4500 Arboc Gas 17 26 FT 8
2019 Chevy 4500 Arboc Gas 17 26 FT 8
2020 International Starcraft Diesel 27 32 FT 9
FY 31/32 2020 International Starcraft Diesel 27 32 FT 9 2019 Aero Elite 320 ElDorado CNG 27 32 FT 9
2019 Ford F-550 ElDorado CNG 27 32 FT 9

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: August 3, 2022
_________________________________ Agenda Number: ___________ Keith Helmuth, P.E., Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Vineyard Estates Phase III-A Subdivision (Tract No. 21-S-02) Final Map and Improvement Agreement and Initiation of Annexation Proceedings into Landscape Maintenance District RECOMMENDATION:

Staff recommends that the Council:

1. Adopt Resolution:
a. Approving the Final Map for the Vineyard Estates Phase III-A Subdivision. b. Approving Improvement Agreement for the Vineyard Estates Phase III-A Subdivision (Tract No. 21-S-02).
c. Authorizing staff to record the Final Map and Improvement Agreement d. Accepting the Dedication of Land for Public Use.

2. Adopt Resolution:

On December 8, 2020, the City’s Planning Commission approved Tentative Subdivision Map No.

TSM 2020-04 for the Vineyard Estates Phase III-A Subdivision (“Project”). The first Proposed Resolution relates to approval of the Final Map and the Subdivision Improvement Agreement (“Improvement Agreement”) for the Project. The second Proposed Resolution relates to initiation of proceedings for the annexation to the applicable LMD. Attachment 1 illustrates a Property Location Map.

B-9
DISCUSSION:

The Final Map for Vineyard Estates Phase III-A Subdivision has been checked and approved by the City Engineer. The Final Map substantially complies with the approved tentative map. Annexation of the Pecan Square Subdivision (Tract No. 20-S-02) into LMD Zone of Benefit 27B is one component of the project that must be approved prior to recordation of the Final Map.

Prior to recordation of the Final Map:
 Annexation of the Project into LMD Zone of Benefit 27B shall be completed. A second meeting completing this process will be scheduled as part of this action.  Annexation of the Project into the City’s Community Facilities District (CFD) shall be completed through a separate action to be presented to the Council.  All taxes will be paid.
 Bonds and insurance requirements will be provided or as part of an encroachment permit application to construct off-site improvements in advance of the approval of the Improvement Agreement.
 Plan Check & Inspection Fee will be provided or as part of an encroachment permit application to construct off-site improvements in advance of the approval of the Improvement Agreement.

The Subdivider, DMP Development Corporation, Inc., A California Corporation has signed a Petition (Including Consent and Waiver) Requesting Annexation LMD Zone of Benefit 27B. Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15268(b)(3), approval of final subdivision maps is a ministerial action and is exempt from the requirements of CEQA.

FINANCIAL IMPACT:

Parcels within the subdivision will be responsible for participating in the cost of maintaining existing and proposed landscaping within the subject zone. As such, there are no financial impacts to the General Fund unless future costs of landscape maintenance exceed that which cannot be recovered through cost-of-living adjustments allowed within the LMD covenant or through Proposition 218 process when determined necessary and City does not elect to reduce maintenance levels to a point that are commensurate with revenue received.

In addition to the LMD, this Subdivision will also be included in the City’s Community Facilities District (CFD) that is processed separately from the LMD. Inclusion in both of these districts in approving this subdivision assists in offsetting any impacts to the City’s General Fund.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Subdivisions are not specifically addressed in the vision or action plans. However, some components are consistent.

Action 134.1: Consider establishment of design/landscape standards for neighborhoods and business construction - Current landscape design standards have been enforced which aid in the establishment of Well-Planned Neighborhoods and Housing.

ALTERNATIVES:

Not approve one or more items associated with this Staff Report. If Council does not approve the Final Map, the execution of the Agreement and the annexation of the parcels into the existing LMD zone, it would result in the inability to record the Final Map and for the Subdivider to complete the project. Disapproval will require the Council to make certain findings that specific conditions have not been met.

ATTACHMENTS:

1. Property Location Map

2. Resolution – Approving Final Map and Agreement
Exhibit A – Improvement Agreement
Exhibit A – Legal Description
Exhibit B – Development Impact Fees

3. Resolution – Initiation of Proceedings for Annexation into Zone of Benefit 27B Exhibit A – Zone of Benefit 27B Location Map
Exhibit B – Property to be Annexed into Zone of Benefit 27B Diagram Exhibit C – Assessment Amounts

4. Covenant – LMD Zone of Benefit 27B
Attachment 1
Property Location Map

Attachment 2
Resolution
Approving Final Map and Agreement
RESOLUTION NO. 22-___

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

CALIFORNIA, APPROVING THE FINAL MAP FOR THE VINEYARD ESTATES PHASE III-A SUBDIVISION (TRACT NO. 21-S-02) AND IMPROVEMENT

AGREEMENT (AGREEMENT) AND ACCEPTNG DEDICATIONS FOR PUBLIC USE
WHEREAS, DMP Development Corporation, Inc., A California Corporation, (collectively “Subdivider”) has offered for approval a Final Map designated as Tract No. 21-S-02; and WHEREAS, the Planning Commission on December 8, 2020 adopted a negative declaration consistent with Section 15070(a) of the California Environmental Quality Act for the Vineyard Estates Phase III-A Subdivision as part of Tentative Subdivision TSM 2020-04; and WHEREAS, the Final Map for the Vineyard Estates Phase III-A Subdivision, prepared by Harbison International, Inc., for Subdivider has been certified by the City Engineer that all provisions of the law and of Chapter 2 of Title 10 of the Madera Municipal Code have been complied with and that said subdivision as shown is substantially the same as it appears on the tentative map thereof heretofore approved by the Planning Commission of the City of Madera on December 8, 2020, 2020; and
WHEREAS, prior to the delivery of said map and prior to its recordation, the Owner and Subdivider of said subdivision shall enter into and execute an agreement between the City and said Owner and Subdivider for said subdivision which is on file in the office of the City Clerk entitled, “Improvement Agreement Vineyard Estates Phase III-A Subdivision (Tract No. 21-S-02)”, wherein the Subdivider, in consideration of the approval of said map by the City and the acceptance by the City of the dedication of lands for public use therein contained, shall agree to construct and complete within the time specified in said Agreement all street and other improvements required of Subdivider under the provisions of Chapter 2 of Title 10 of the Madera Municipal Code relating to regulations and standards for the subdivision of lands in the City and the preparation of maps thereof, and such street or other improvements designated or mentioned in said Agreement and/or set forth in the plans and specifications for the improvements for the Vineyard Estates Phase III-A Subdivision is on file in the office of the City Engineer; and WHEREAS, Subdivider shall, and as a condition precedent to the recordation of said Final Map, furnish to the City and file with the City Clerk a good and sufficient improvement security in a form to be approved by the City Attorney, securing the faithful performance by said Subdivider of all work and the construction of all improvements designated as required in the Improvement Agreement, and also security in form to be approved by the City Attorney securing the payment by said Subdivider of all bills for labor and materials incurred in the construction of any and all said improvements, and the doing of all other work therein agreed to be done by said Subdivider, within the time therein specified, the amount of said improvement securities are to be not less than Four Million One Hundred Thirty-Four Thousand Seven Hundred Sixty-Two Dollars and Three Cents ($4,134,762.03), equivalent to that of the Performance Security, Payment Security and cash Deposit for Correction of Deficiencies combined; and
WHEREAS, Subdivider shall, and as a condition precedent to the recordation of said Final Map, furnish to the City and file with the City Clerk certificates or policies of public liability and property damage insurance as required in the Improvement Agreement.

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 Final Map for the Vineyard Estates Subdivision Phase III-A (Tract No. 21-S-02) is approved.

3. The agreement entitled “Improvement Agreement Vineyard Estates Phase III-A Subdivision (Tract No. 21-S-02)” for the construction of improvements for the Vineyard Estates Phase III-A Subdivision is approved and attached as Exhibit “A.” A copy of the Agreement shall be kept on file in the office of the City Clerk.

4. The Staff is authorized to record the Final Map and Agreement for the construction of improvements for the Vineyard Estates Phase III-A Subdivision (Tract No. 21-S02) subject to receipt of the bonds and insurance required by the Agreement.

5. The dedication of lands for public use is accepted.

6. This resolution is effective immediately upon adoption. * * * * * * * * * * *
Exhibit A
Improvement Agreement
RECORDING REQUESTED BY:

City of Madera
AFTER RECORDING RETURN TO:

City Clerk
City of Madera
205 W. 4th Street
Madera, CA 93637
_________________________________________________________________________ Fee Waived Per Section 27383 & 27388.1(a)(2)(D) of the Government Code

IMPROVEMENT AGREEMENT

VINEYARD ESTATES PHASE III-A SUBDIVISION
(TRACT NO. 21-S-02)
THIS IMPROVEMENT AGREEMENT (“Agreement”) is entered into this ___ day of _____, 2022, (the “Effective Date”) by and between the City of Madera, a municipal corporation of the State of California, hereinafter referred to as “City”; and DMP Development Corporation, Inc., A California Corporation, hereinafter referred to as “Subdivider” or “Owner” (individually a “Party” and collectively the “Parties”).

RECITALS
A. Owner has filed with City a certain subdivision map of a proposed division of land known as FINAL MAP OF TRACT NO. 21-S-02 VINEYARD ESTATES PHASE III-A Subdivision, recorded _________________, in Book ___, Pages ___ through ___, recorded as document no. __________ Madera County records, situated in the City of Madera, County of Madera, State of California (the “Subject Property”) owned by Owner, located within the corporate limits of the City, and more particularly described as set forth in Exhibit “A.” A copy of said Tentative Tract Map No. 2020-04 (“Tentative Map”) is on file with the City Clerk.

B. The City has conducted the appropriate environmental review of the proposed subdivision; the Planning Commission has determined the proposed subdivision is consistent with the City’s general plan in that the land use is compatible with the objectives, policies, general land uses, and programs specified in such a plan; and the Planning Commission has recommended approval of the proposed Tentative Map as conditioned.

C. City requires as a condition precedent to the acceptance and approval of the Final Tract Map the dedications or deeds of such streets, highways, and public places for all areas delineated on said map for street and other public purposes as required under the Madera Municipal Code, this Agreement, and the Tentative Map.

D. Owner is required to construct certain street, utility, and public improvements within the boundaries of said Final Tract Map. Owner shall, at the Owner’s own cost and expense, construct all of the improvements, mentioned, all in accordance with and to the extent and as provided in those certain plans entitled, “Subdivision Map 2020-04 Vineyard West Phase III Subdivision Improvement Plans,” as approved by the City Engineer and on file with the City Engineer of the City of Madera and the City of Madera Plans and Specifications, as amended. Said work shall include but shall not necessarily be limited to, all of the following: asphalt concrete paving, aggregate base, concrete curb and gutters, sidewalks, water and sewer mains, water and sewer services, storm drainage facilities, street lights, fire hydrants, gas, electric and communication lines, landscape district improvements, implementation of any and all Best Management Practices (BMP’s) as outlined in the City’s Storm Water Quality Management Program and Storm Water Pollution Prevention Plan on file in the office of the City Engineer, implementation of any and all BMP’s to prevent the infiltration of storm water into the City’s sanitary sewer collection system, and all other work, improvements or construction required by or mentioned in the above referenced plans and specifications and all appurtenances reasonably necessary to complete the aforementioned improvements. Except for streets not having direct residential access, installation of sidewalks may be deferred and constructed with residential development subsequent to the acceptance of the subdivision improvements so long as each and every house has an ADA accessible route to a collector or arterial adjacent to the subdivision prior to occupancy of any house.

E. Reference is made hereby to (a) that certain subdivision map entitled, “Subdivision No. 21-S-02 Vineyard Estates Phase III-A,” (b) improvement construction plans, (c) those certain specifications on file in the office of the City Engineer entitled, “City of Madera Standard Plans and Specifications,” and (d) “Madera Irrigation District Standards,” as may be applicable this project, for a more particular description of the work and improvements generally outlined in this Agreement. Said subdivision map, plans and specifications referred to in this paragraph are hereby incorporated herein and made a part of this Agreement by reference thereto.

F. Owner desires and agrees to complete the improvements and subdivide the Subject Property through the Subdivision Map Act process.

G. City Council approval of said Final Tract Map to divide the property and acceptance of the dedications therein offered are subject to and on the condition precedent that Owner first enter into and execute this Agreement with the City and provide the City with all other things as required herein and/or as required by the City.

H. Recordation of said Final Tract Map to divide the property therein offered are subject to and on the condition precedent that Owner first provide the City with such bonds, improvement securities, monies, insurance and Homeowners Association as required herein and/or as required by the City.

AGREEMENT
In consideration of the approval of the foregoing recitals which are made a substantive part of this Agreement and in consideration of the approval of the abovementioned Final Tract Map by City for filing and recording as provided and required by law, Subdivider/Owner and City do hereby mutually agree as follows:

ARTICLE I. GENERAL PROVISIONS
A. AGREEMENT
This Agreement is entered into pursuant to California Government Code Section 66410 et seq. (“the Subdivision Map Act”), and Section 10-2.701 et seq. of Chapter 2 of Title X of the Madera Municipal Code. The provisions of this Agreement and the improvements to be constructed as required by the Subdivision Map Act and this Agreement are necessary and proper to safeguard and serve the public health, safety and welfare.

B. DEFINITIONS
Wherever used in the Agreement, the following words and phrases shall have the meaning herein given, unless the context requires a different meaning:

1. “Engineer” shall mean the City Engineer of the City of Madera, or duly authorized representative.

2. “Inspector” shall mean the City Engineer of the City of Madera, or his duly authorized representative.

3. “Standard Specifications” shall mean the City of Madera Standard Specifications, including attached details and amendments thereto.

4. “Division” shall mean and include the real property shown and described on the subdivision map as being divided into parcels, including street areas of adjacent existing public streets to the center lines thereof.

5. “Improvements” shall mean all work and improvements, including those depicted or required on the plans for the Final Map, which may include plans relating to sewer, water, streets, storm drainage, street lighting, concrete, paving, fencing, landscaping, irrigation, grading, and traffic signals.

C. DEVELOPMENT FEES

1. Development Impact Fees: Owner is obligated to pay all Development Impact Fees for sewer, wastewater treatment plant, water, storm drainage, parks, administrative, fire, general government, police, public works, streets, transportation and traffic signals in the amounts shown in the City’s Master Fee Schedule, section “Development Impact Fees” on Exhibit “B” attached hereto and incorporated by reference. The impact fees shall be paid at time of application for each individual building permit in accordance with the fees in place at the time of application.

2. Other Fees: In addition, Owner is obligated to pay plan check, improvement inspection, grading permit, building permit, encroachment permit, and similar miscellaneous fees as well as drainage and other utility fees required under the Madera Municipal Code and any resolution establishing fees and charges.

3. Fee Adjustments:
a) Development Impact Fees - In the event impact fees are updated as a result of recommendation included within any future Development Impact fee Study Report, Owner shall pay those adjusted fees with each building permit secured following adoption of said fees by the City Council.
b) Other Fees - In the event the improvements are not completed as set forth in Article II, Section D of this Agreement and an extension is secured by Owner, the City reserves the right to adjust the fees to those prevailing at the time of construction.

D. INDEMNIFICATION
Indemnity for Professional Liability: When the law establishes a professional standard of care for Owner’s activities to the fullest extent permitted by law, Owner 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 Owner (and its Subcontractors), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Owner (and its Subcontractors) and the City in the performance of professional activities 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, Owner 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 Owner or by any individual or City for which Owner is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Owner, except when caused by the active negligence, sole negligence, or willful misconduct of City.

E. INSURANCE
Prior to the recordation of the Final Map, Owner or Owner’s contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company which meets with the approval of City insuring City and the City Engineer, their officers, agents and employees against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending any claim arising as a result thereof. The minimum limits of such policy shall be in the amount of Five Million Dollars ($5,000,000.00) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The general liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that Owner or its contractors and City and the City Engineer, their officers, agents and employees shall be additional insureds under such policies. An endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required. Any policy required by the Encroachment Permit shall include coverage for underground explosion and collapse. Said policy shall state by its terms and by an endorsement that said policy shall not be canceled until City shall have had at least thirty (30) days’ notice in writing of such cancellation.

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.

F. NOTICE OF COMPLETION
The offers of dedication made on the Subdivision Map shall remain open but will not be accepted by the City until the City Council accepts the Improvements and authorizes the recording of a Notice of Completion. The City may accept such offers in its sole discretion at any later date without further notice to Owner. Until such time as City formally accepts the Improvements and any lands, rights of way or easements, Owner shall be responsible to maintain such lands, rights of way, easements and improvements in a safe condition and good repair.

Owner agrees that the use of any or all streets and improvements specified in this Agreement shall be at all times, prior to the final acceptance of the subdivision by City, at the sole and exclusive risk of Owner, and the issuance of any occupancy permits by City for dwellings located within the subdivision shall not be construed in any manner to be an acceptance or approval of any or all of the streets and improvements in the subdivision, or that stage of development of the streets and improvements represented by their condition at the time of issuance of any occupancy permits, or any stage of their development reached during the period commencing with the issuance of any occupancy permit and terminating upon the final acceptance of the tract.

G. BONDS AND OTHER SECURITY
Prior to recording the Final Map, or unless otherwise indicated, Owner shall furnish to the City performance guarantees as provided herein. Bonds or other security instruments shall be maintained in full force and effect during the term of this Agreement and may be released, in whole or in part, only upon the written approval of the City Engineer whose actions shall be reasonable and consistent with the provisions of this Agreement. Owner shall provide the following as security:

1. Performance Security. Owner shall provide to City performance security in an amount no less than Two Million Seven Hundred Thirty-Eight Thousand Two Hundred Fifty-Three Dollars and Zero Cents ($2,738,253.00) which amount is equal to one hundred percent (100%) of the total estimated cost of all required work to be completed as required in this Agreement. Said performance security shall be in the form of (i) a letter of credit, from a bank insured by FDIC, (ii) a performance bond issued by a surety authorized to conduct business in the State of California, (iii) or cash. All required securities must be in a form approved by City’s attorney.

2. Payment Security. Owner shall provide to City payment security in an amount no less than One Million Three Hundred Sixty-Nine Thousand One Hundred Twenty-Six Dollars and Fifty Cents ($1,369,126.50) which amount is equal to fifty percent (50%) of the estimated cost of all required work to secure payment to the contractor, his or her subcontractors, and persons renting equipment or furnishing labor or materials for such improvements. Said amount shall be determined by the City Engineer at the time such payment security is due when a successor in interest acquires fee simple interest in any portion of the property. Said payment security shall be in the form of (i) a letter of credit, from a bank insured by FDIC, (ii) a performance bond issued by a surety authorized to conduct business in the State of California, (iii) or cash. All required securities must be in a form approved by City’s attorney.

3. Warranty Security. Owner shall remedy any defective work, labor or materials related to the Improvements, and shall pay City for any damage to the Improvements resulting therefrom, which occur within a period of one (1) year from the date of acceptance of the Improvements by the City. To ensure Owner complies with these obligations, on acceptance of the required work by the City Engineer, warranty security in the amount of the ten percent (10%) of the estimated cost of all required work shall be furnished to City in an amount no less than Two Hundred Seventy-Three Thousand Eight Hundred Twenty-Five Dollars and Thirty Cents ($273,825.30). The warranty security shall serve as a guarantee and warranty of the work for a period of one (1) year following acceptance against any defective work, labor or materials. The warranty security shall be released, less any amount required to be used for fulfillment of the warranty, one (1) year after final acceptance of the Improvements required under this Agreement.

H. MATERIALS AND LABOR
Owner and its contractors and subcontractors shall pay for any materials, provisions and other supplies or items used in, upon, for or about the performance of the work contracted to be done, and for any work or labor thereon of any kind and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor, and shall file with the City pursuant to section 3800 of the Labor Code a Certificate of Worker’s Compensation and shall maintain a valid policy of Worker’s Compensation Insurance for the duration of the period of construction or provide under penalty of perjury a satisfactory demonstration of exemption from coverage.

I. LIGHTING AND LANDSCAPING DISTRICT
The Owner agrees to complete annexation to or establishment of a Lighting and Landscaping District Zone of Benefit 27B pursuant to California Streets and Highway Code section 22500, et. seq., and to maintain lighting and publicly landscaped areas until the City formally accepts the Improvements which are the subject of this Agreement. Prior to release and recordation of the Final Map, Owner shall, at Owner’s sole cost and expense, submit to City all engineering reports, assessment data, and updated maps necessary to cause the Subject Property, to be annexed into Zone of Benefit 27B of the City of Madera Landscape Maintenance District. The annexation of the property into Zone of Benefit 27B shall be considered for recording concurrently with the City Council’s consideration and approval of the Final Map. If annexation into Zone of Benefit 27B is not possible for any reason, the Owner shall cooperate with the City in forming a new Zone of Benefit or identification of another existing zone into which this subdivision can be annexed.

J. EASEMENTS
Owner shall grant City an easement for maintenance, repair or reconstruction of any water main or sewer main or other City-operated improvement which is constructed outside a dedicated public street.

K. FAILURE OF PERFORMANCE; ATTORNEY’S FEES
In addition to any other remedies provided in this Agreement or by law, in the event Owner fails to perform one or more of the covenants or conditions of this Agreement, City shall have recourse to the security given to guarantee the performance of such acts. City may do, or cause to be done, those acts required of Owner, and shall have recourse against so much of the security as is necessary to discharge the responsibility of Owner. In the event City seeks recourse against a security, City shall also have recourse against Owner for any and all amounts necessary to complete the obligations of Owner in the event the security is insufficient to pay such amounts. All administrative costs, including reasonable attorney’s fees pursuant to Gov. Code, § 66499.4 incurred by the City, in addition to the costs of the Improvements, shall be a proper charge against the security and Owner.

In the event it becomes necessary for either party to bring an action with respect to enforcement of the provisions of this Agreement, or the security therefor, the prevailing party in such action shall be awarded reasonable costs and attorney’s fees as may be determined by the Court.

L. TIME OF THE ESSENCE
Time is of the essence of this Agreement, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns.

M. SUCCESSORS AND ASSIGNS; COVENANT RUNNING WITH LAND
This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the respective parties. It shall be recorded in the Official Records of the County of Madera concurrently with final map of the Subdivision and shall constitute a covenant running with the land and an equitable servitude upon the real property in the Subdivision.

N. INTEGRATION; INCORPORATION OF EXHIBITS
This Agreement is an integrated agreement, and includes the documents referenced herein and its Exhibits, which are included herewith and made a part of this Agreement.

The Final Map has been recorded separately, and a copy is on file with the City Clerk. This Agreement supersedes all prior negotiations, representation, or agreements, whether written or oral.

O. CONDITIONS OF APPROVAL
Owner shall comply with all conditions of approval set forth in TSM 2020-04 approving the Tract Map as adopted on December 8, 2020 by the Planning Commission, including the requirements and conditions of the City Engineer, and all specifications or requirements set forth on the Final Map, all of which are on file with the City Clerk.

P. COMPLIANCE WITH LAW
In performing obligations set forth in this Agreement, Owner shall comply with all applicable laws, regulations, and rules of all local, state and federal governmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and regulations. Owner shall comply with the codes or ordinances of the City including the Madera Municipal Code and Building Codes.

Q. PREVAILING WAGES
Owner shall be required to comply with California Labor Code prevailing wage requirements for work required under this Agreement. Owner shall: (i) be required to pay, and shall cause its contractor and subcontractors to pay, prevailing wages for the construction of those specific Improvements for which Owner receives credits or reimbursements, if any, and those Improvements, if any, that are “public works” under Chapter 1, Part 7, Division 2 of the California Labor Code, including Section 1720(a); and (ii) comply with any applicable provisions of California Labor Code Sections 1720 et seq. and implementing regulations of the Department of Industrial Relations. Owner shall or shall cause its contractor and subcontractors to keep and retain such records as are necessary to determine that prevailing wages have been paid as may be required by law. During the construction of the Improvements, if any, Owner shall, or shall cause its contractor to, post at the Subject Property the applicable prevailing rates of per diem wages. As required by Section D of this Agreement, Owner shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the City) City against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Owner, its contractors and subcontractors) to pay prevailing wages as required by law or to comply with the other applicable provisions of California Labor Code Sections 1720 et seq. and the implementing regulations of the Department of Industrial Relations in connection with construction of any Improvements, if any, that are public improvements.

R. ENFORCEMENT OF OBLIGATIONS
City may enforce this Agreement in any manner available at law or in equity, including, but not limited to, reversion to acreage.

S. LIMITATIONS OF LEGAL ACTS
Except as provided by the following subsection entitled “Attorney’s Fees and Legal Expenses,” in no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed Owner’s sole legal remedy for breach or violation of this Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.

T. ATTORNEY’S FEES AND LEGAL EXPENSES
If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney’s fees and legal expenses. For the purposes of this Agreement, “attorneys’ fees” and “legal expenses” include, without limitation, paralegals’ fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party’s attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation, whether or not otherwise recoverable as “attorneys’ fees” or as “costs” under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys’ fees.

U. OBLIGATION RUNNING WITH LAND
This Agreement shall burden the Subject Property described and constitute a covenant running with the land in favor of and for the benefit of City which shall be binding upon the successors, transferees, and heirs of Owner. Owner consents to the recordation of this Agreement with the Madera County Recorder.

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

W. SUBORDINATION
Owner hereby warrants that any and all parties having record title interest in the Final Map which may ripen into a fee have subordinated to this Agreement and all such instruments of subordination, if any, are attached hereto and made a part of this Agreement.

X. NO ASSIGNMENT
No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by Owner without the written consent of City.

Y. CAPTIONS
Section, paragraph and other captions or headings contained in this Agreement are inserted as a matter of convenience and for reference, and in no way define, limit, extend or otherwise describe the scope or intent of the Agreement or any provision hereof and shall not affect in any way the meaning or interpretation of this Agreement.

Z. AMBIGUITIES OR UNCERTAINTIES
Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of the Agreement or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code §1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncertainty to exist.

AA. SEVERABLE PROVISIONS
The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect.

BB. RELEASE OF CONDITIONS
The conditions and obligations of this Agreement shall remain in full force and effect until such time as City Engineer issues a written release finding the conditions and obligations of this Agreement have been fully satisfied and are no longer required for public health and safety reasons and thereafter records such release with the Madera County Recorder.

CC. PIPES AND MONUMENTS
All pipes and monuments shown on the final subdivision map hereinafter referred to which are destroyed or displaced during construction operations shall be replaced by Subdivider at the time of the final inspection of the Improvements hereunder by City.

DD. OWNERSHIP OF IMPROVEMENTS
It is agreed that title and ownership of any public improvements constructed hereunder by Subdivider shall vest absolutely in City upon completion and acceptance of such Improvements by City.

EE. RELEASE OF BONDS AND SECURITIES
The release of bonds and securities called for herein shall not occur until: (1) the work provided for in this agreement and more specifically described in the plans and specifications herein referred to, is approved and accepted by the City Engineer; and (2), work not in conformance with said plans and specifications is removed from the project site to the satisfaction of the City Engineer.

FF. SUBDIVIDER NOT A CITY AGENT OR EMPLOYEE
It is mutually understood and agreed that neither Owner nor any of Owner’s agents, contractors, or subcontractors are or shall be considered to be agents or employees of the City of Madera in connection with the performance of Owner’s obligations under this Agreement.

GG. DEPOSIT FOR CORRECTION OF DEFICIENCIES
In addition to the improvement security hereinabove referred to, Subdivider shall concurrently deposit with the City not less than 1% of engineer’s estimate in an amount no less than Twenty-Seven Thousand Three Hundred Eighty-Two Dollars and Fifty-Three Cents ($27,382.53), which may be used at the discretion of the City to correct deficiencies and conditions caused by Subdivider or Subdivider’s contractors during or after construction of the subdivision. Any unexpended amount thereof will be returned to Subdivider when all other bonds or improvement securities are released.

HH. REIMBURSEMENTS/FAIR SHARE CONTRIBUTIONS DUE FROM SUBDIVIDER The Subdivider hereby agrees to the following reimbursements or fair share contributions to be paid prior to the recordation of the final map for Vineyard Estates Phase III-A Subdivision Tract No. 21-S-02 as noted herein below:

1. There are no reimbursements/fair share contributions due from Subdivider II. REIMBURSEMENTS TO BE PROVIDED TO SUBDIVIDER
In consideration of public improvements constructed through plans prepared by Harbison International, Inc., for Vineyard Estates Phase III-A Subdivision (Tract No. 21-S02), the City agrees to reimburse the Owner reasonable costs for construction of the following public improvements:

1. Sunset Avenue
(i) Street Construction – Based on future ultimate street cross section, one westbound lane, one center turn
lane and one half of an eastbound lane (24-feet total)
fronting the Phase III-A project, are eligible for
reimbursement through the City’s Impact Fee
Program, subject to the availability of funds.

Those portions of improvements that are not
constructed to ultimate standard are not eligible for
reimbursement.
(ii) Sewer Main Construction – The oversize component of approximately 91 linear feet of a 12-inch sewer main
(difference in cost between 12-inch pipe and 8-inch
pipe) of the construction of this line is considered
reimbursable through the City’s Development Impact
Fee Program, subject to the availability of funds. Half of the 8-inch component is reimbursable from
adjacent properties as they develop and connect.
(iii) Water Main Construction – The oversize component
of approximately 67 linear feet of a 12-inch water
main (difference in cost between 12-inch pipe and 8-
inch pipe) of the construction of this line is considered reimbursable through the City’s Development Impact
Fee Program, subject to the availability of funds. Half of the 8-inch component is reimbursable from
adjacent properties as they develop and connect.
(iv) Storm Drain Pipe Construction – Construction of
approximately 84 linear feet of a 24-inch storm drain
pipe is considered reimbursable through the City’s
Development Impact Fee Program, subject to the
availability of funds.

JJ. TERMS OF REIMBURSEMENTS TO BE PROVIDED TO OWNER
The following terms shall apply to any and all reimbursements to be provided to Owner.
i. City agrees to reimburse Owner the City’s proportionate share of the cost of improvements as determined by the City
Engineer at his sole discretion and whose decision shall be final and as set forth below. At the discretion of the City Engineer any reimbursements shall be in the form of credits toward storm drainage, water main, water well, and street impact fees or from the collection of storm drainage, water main, water well and street impact fees or connection fees as applicable from other developments using said facilities as said fees are collected or a combination thereof. City shall not reimburse any expenses beyond the actual and reasonable cost of
installing the improvements. All reimbursements are subject to the conditions precedent that the Owner shall have
submitted a financial statement within ninety (90) days of the City’s acceptance of the improvements, showing evidence of the actual cost of the improvements described in this
agreement. Evidence shall be provided in the form of receipted bills, canceled checks and/or construction contracts. Failure to timely submit evidence shall void the reimbursement
agreement as to any items not timely submitted or not
supported by such evidence. Any cost to be reimbursed for administration or overhead shall not exceed the usual and customary cost for such expenses in the industry, and in no event shall they exceed fifteen percent (15%). Such cost shall be determined in the sole discretion of the City Engineer. City agrees to reimburse Owner for the cost of interest in
accordance with Government Code Section 66485. The
interest begins to accrue at the time of City’s acceptance of the improvements. The interest rate to be paid is the interest rate that the City pays at the time of the City’s acceptance of the improvements when the City borrows money in accordance
with Madera Municipal Code section 10-8.12©.
ii. City does not guarantee reimbursement, where
reimbursements are made from impact fees or connection fees as those fees are collected. The City shall have no responsibility for the delivery of the funds collected hereunder to Owner and only agrees to hold said funds collected and to make payment as directed by Owner upon contact by City. City will contact Owner within ninety (90) days of collection of funds at the address as specified in this agreement or as may thereafter be provided in writing to the City Clerk of the City. City shall have no obligation to locate or determine the true address of Owner other than the addresses provided under this Agreement. If no contact has been made at the address provided under this Agreement, City shall hold such funds collected hereunder for a period of one (1) year. Undistributed funds shall then be paid into the appropriate Impact or Connection Fee fund and all responsibilities and liabilities of City shall terminate. City cannot and does not pledge itself in advance that such charges will be collected or that they are valid or that there will be proceeds for reimbursement, but only that pursuant to this agreement City will, as a condition precedent to the issuance of permits for the development of such properties, levy such charges. Owner acknowledges that impact fees may be used to reimburse other developers based on a first in time payment process and additionally, may be pledged for the payment or repayment of other improvements to be constructed by or for City in advance of reimbursement to Owner. In no event shall reimbursement exceed the Subdivider’s cost of construction as adjusted by the Engineering News Record Construction Cost Index (CCI) as determined by the City Engineer based upon duly verified records submitted to the city within 90 days from the completion of such facilities and approved by the City Engineer.

For the purpose of determining the adjustment in the CCI, the time begins upon acceptance of improvements by City Council after execution of the Agreement.

KK. ASSIGNABILITY OF AGREEMENT
This Agreement shall not be assignable by Owner without the express written consent of City. Subject to the limitations on assignment, this Agreement shall inure to the interest of the Parties hereto.

LL. VENUE
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Madera County, California.

MM.ACKNOWLEDGEMENT OF CONTENT
Each Party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both City and Owner.

ARTICLE II. CONSTRUCTION REQUIREMENTS

A. STANDARD SPECIFICATIONS
All of the work and improvements and materials shall be performed, installed and provided in strict accordance with the City of Madera Standard Specifications incorporated herein by this reference, as though set forth in full. All of said work and improvements shall also comply with the requirements of the Madera Municipal Code. In case there are not any Standard specifications of the City for any said work, it is agreed that the same shall be done and performed in accordance with the standards and specifications of the State of California, Department of Transportation. All of said work and improvements and materials shall be done, performed and installed under the supervision of the City Engineer, under whose direction the work shall be inspected as it progresses.

Any work required under this Agreement shall also be performed, installed and provided in accordance with the standards of the State Water Resources Control Board, State Regional Water Quality Control Board, San Joaquin Unified Air Pollution Control District and those of other agencies identified in the Tentative Map Conditions of Approval insofar as they apply.

Until final acceptance of the Improvements, Owner shall give prominent and adequate warning to the public of each and every dangerous condition that may exist in the Subdivision and shall take all reasonable actions to protect the public from any such dangerous condition.

B. SCOPE OF IMPROVEMENTS
The work and Improvements, including those depicted or required on the plans for the Final Map, which may include plans relating to sewer, water, streets, storm drainage, street lighting, landscape and irrigation, grading, traffic signals, etc., as well as those required by Conditions of Approval (herein collectively referred to as “Improvements”) are incorporated by reference and made a part of this Agreement.

C. APPROVED PLANS
Notwithstanding the fact that Owner’s plans and specifications have been approved by the City, and that completion of the work and other acts are subject to approval of the City, it is understood and agreed that any approval by the City hereof shall in no way relieve Owner of satisfactorily performing said work or its obligations hereunder.

Owner agrees to perform and construct all work and improvements shown on the approved plans on file in the office of the City Engineer. Owner agrees it shall comply with Madera Municipal Code section 10-2.707©, which gives the City the right to modify plans and specifications.

D. SCHEDULE
Owner shall perform the work and improvements hereinafter specified to the satisfaction of the City Engineer. Owner understands and agrees that the following schedule of work is intended to provide a guideline as to diligent prosecution of the work under this Agreement.

The Owner agrees to complete the improvements within 24 months from the recording of the Final Map as required by Madera Municipal Code Section 10-2.711.1 or from the time in which any permit is secured from City that allows commencement of construction activities, whichever is earlier, unless Owner requests an extension and is granted an extension by the City Council. Owner is responsible for following the extension request process under Madera Municipal Code Section 10-2.711.3.

If the construction of the Improvements shall be delayed without the fault of Owner, the time for completion thereof may be extended by the City in writing signed by the City Engineer for such period of time as City may deem reasonable. However, City reserves the right to not issue Certificates of Occupancies for any structures constructed within this tract until improvements are constructed to the satisfaction of the City Engineer. Without limitation of the foregoing sentence, it is agreed that City shall have right to determine whether to issue or withhold Certificates of Occupancy if there is then existing a breach or failure to properly perform the obligations of this agreement, or if issuance would not serve the public health, safety or welfare.

Concrete curbs and gutters, the sanitary sewer system and house connections, storm drainage pipeline and structures, together with water mains, gas mains and their respective service connection and all other underground services or facilities, shall be completed before starting the street surfacing.

E. COMPACTION AND MATERIALS TESTING
Compaction and soil tests shall be paid for by Owner and Owner shall contract with the soils lab directly. Street and utility trench tests shall be taken in varying locations, depths, and frequencies as required and directed by the City Engineer. Compaction shall meet all City requirements.

F. CODES AND PERMITS
Owner shall comply with Street, Plumbing, Building, Electrical and Zoning Codes and any other Codes of the City and Owner shall secure an Encroachment Permit from City and the necessary insurance policies required under said permit before working on any City right-of-way or property.

Owner shall install all street improvements in accordance with City of Madera Standard Specifications, applicable sections of the State Standard Specifications, and the construction plans.

G. COORDINATION OF CONTRACTORS
It shall be the responsibility of Owner to coordinate all work done by its contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of City be placed in the position of making decisions that are the responsibility of Owner. It shall further be the responsibility of Owner to give the Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of Owner to notify the City Engineer may cause delay for which Owner shall be solely responsible.

H. INSPECTION
Whenever Owner varies the period during which work is carried on each day, Owner shall give due notice to the City Engineer so that proper inspection may be provided. Any work done in the absence of the City Engineer will be subject to rejection. The inspection of the work shall not relieve Owner of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made good and unsuitable materials will be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the City Engineer or Inspector and accepted.

I. REPAIR OF DAMAGED IMPROVEMENTS
Any damage to the water or sewer systems, concrete work or street paving, or other facilities and improvements constructed in connection with the Agreement that occurs after installation and prior to Final Acceptance shall be repaired to the satisfaction of the City Engineer by Owner before release of bond or final acceptance of completed work. City may, at its sole option, perform such repair or replacement if Owner has failed to commence such repair within 20 days after City has mailed written notice of the need for repairs or replacement to Owner and to Owner’s surety. In such event, Owner agrees to pay the cost of such repair and replacement by City, and City may at its option recover such cost as a lien against the Subdivision or the lands therein.

If City determines that public safety requires repairs or replacements to be made before Owner or surety can be notified, City may complete such repairs or replacements and recover the costs thereof as provided above.

J. DUST CONTROL
Adequate dust and mud control shall be maintained by Owner on all streets within and without the subdivision until the paving of the streets is completed. “Adequate dust control” as used herein shall mean the sprinkling of the streets with water with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph, the City Engineer shall give notice to Owner to comply with the provision of the paragraph forthwith. Such notice may be personally served upon Owner or, if Owner is not an individual, upon any person who has signed this Agreement on behalf of Owner or a superintendent or foreman of Owner’s or Owner’s subcontractor at the subdivision or, at the election of the Engineer, such notice may be mailed to Owner at his address on file with the City Engineer. If within 24 hours after such personal service of such notice or within 48 hours after the mailing thereof as herein provided, Owner shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled, as he may deem advisable to eliminate the scattering of dust, by equipment and personnel of City or by contract as the City Engineer shall determine, and City may deduct the cost thereof from any deposits which the Owner has placed with the City. When the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or permanent surfacing within fourteen (14) calendar days, and the roadway shall be maintained in a safe and passable condition at all times between the commencement and final completion, and adequate dust control shall be maintained during these operations.

K. STREET SURFACING AND UNDERGROUNDING OF UTILITIES
Owner agrees all existing overhead utilities within the boundaries of this subdivision, and on adjacent streets and/or alleys to the centerlines thereof shall be relocated into underground installations except for transformers consistent with the Construction Plans for Vineyard Estates Phase III-A Subdivision (Tract No. 21-S-02). All new utilities shall be undergrounded, and all work shall be completed before installation of street surfacing, if any.

L. STREET SWEEPING
Owner shall pay for sweeping of streets within this tract following installation of paving and prior to acceptance of the Improvements by the City. City may provide such street sweeping services at its sole discretion and convenience. Owner shall keep streets and gutters free of any mud, debris or materials. If Owner fails to maintain streets in such condition which allows sweeping, City may remove any debris and deduct the cost thereof from any deposits which the Owner has placed with the City.

M. WARRANTY
Owner warrants that construction will not adversely affect any portion of adjacent properties.

N. PRECONSTRUCTION MEETING
Owner agrees to meet with the City at a preconstruction meeting upon request of the City. Subcontractors for public improvements shall be required to attend. Failure to do so may result in a stoppage of work until a preconstruction meeting is held.

O. BUILDING MATERIALS RECYCLING
Owner agrees to participate in any building materials recycling program as directed by the City. Participation shall also be required by all sub-contractors for both public improvements and home construction, to fullest extent possible.

ARTICLE III. SPECIAL PROVISIONS
A. SUCCESSORS IN INTEREST: Successors in interest to any portion of the Subject Property shall comply with all terms and conditions of this Agreement. In particular, they shall provide all required insurance, bonds, and security to the City for that portion of any remaining Improvements which may yet to be completed at the time of transfer. Said insurance, bonds, and security must be provided to the City within 30 days of obtaining a fee interest in a portion of the Subject Property.

IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement.

CITY OF MADERA:

By: ______________________
Santos Garcia, Mayor
APPROVED AS TO FORM:

By: ______________________
Hilda Cantú Montoy, City Attorney
APPROVED:

By: _____________________
Keith Helmuth, P.E., City Engineer
SUBDIVIDER/OWNER:

DMP Development Corporation, Inc., A
California Corporation
By: ________________________
Michael A. Pistoresi, CEO
ATTEST:

By: _____________________
Alicia Gonzales, City Clerk

NOTARY ACKNOWLEDGEMENT REQUIRED
EXHIBIT “A”
Development Impact Fees
Legal Description

THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF MADERA, CITY OF MADERA, DESCRIBED AS FOLLOWS:

A PORTION OF PARCEL 4 OF PARCEL MAP NO. 02-P-03, ACCORDING TO THE MAP THEREOF RECORDED NOVEMBER 4, 2002 IN BOOK 50 OF MAPS, AT PAGES 115 AND 116, MADERA COUNTY RECORDS, DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 4, THENCE SOUTH 00°07’17”WEST, A DISTANCE OF 541.43 FEET, TO THE POINT OF BEGINNING.

THENCE CONTINUING THENCE SOUTH 00°07’17” WEST, A DISTANCE OF 1325.43 FEET; THENCE SOUTH 89°54’52” EAST, A DISTANCE OF 714.39 FEET; THENCE NORTH 00°05’08” EAST, A DISTANCE OF 676.96 FEET TO A POINT ON A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 400 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 122.96 FEET THROUGH A CENTRAL ANGLE OF 17°36’46”;
THENCE NORTH 89°54’52” WEST, A DISTANCE OF 34.49 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 433.00 FEET, THE INITIAL RADIAL OF WHICH BEARS NORTH 73°40’59” WEST;
THENCE NORTHEASTERLY ALONG SAID CURVE AND ARC DISTANCE OF 113.23 FEET THROUGH A CENTRAL ANGLE OF 14°58’57”;
THENCE NORTH 58°48'01"WEST, A DISTANCE OF 115.00 FEET;
THENCE NORTH 27°01'22" EAST, A DISTANCE OF 140.38 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 327.00 FEET, THE INITIAL RADIAL OF WHICH BEARS NORTH 21°07'59" EAST;
THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 3.03 FEET THROUGH A CENTRAL ANGLE OF 0°31'53";
THENCE NORTH 69°23'55" EAST, A DISTANCE OF 85.65 FEET;
THENCE NORTH 22°20'59" WEST, A DISTANCE OF 16.22 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 427.00 FEET, THE INITIAL RADIAL OF WHICH BEARS SOUTH 65°36'03" EAST;
THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 11.14 FEET THROUGH A CENTRAL ANGLE OF 1°29'43";
THENCE NORTH 69°23'55" WEST, A DISTANCE OF 33.37 FEET TO A POINT ON A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 400.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 37.76 FEET THROUGH A CENTRAL ANGLE OF 5°24'33";
THENCE SOUTH 15°11‘32” WEST, A DISTANCE OF 25.00 FEET;
THENCE SOUTH 23°26’20” EAST, A DISTANCE OF 16.10 FEET;
THENCE SOUTH 27°01’02” WEST, A DISTANCE OF 92.89 FEET;
THENCE NORTH 89°52’43” WEST, A DISTANCE OF 263.39 FEET; THENCE NORTH 00°07’17” EAST, A DISTANCE OF 271.14 FEET; THENCE NORTH 89°52’43” WEST, A DISTANCE OF 150.00 FEET; THENCE NORTH 00°07’17” EAST, A DISTANCE OF 10.21 FEET;
THENCE NORTH 89°52’43” WEST, A DISTANCE OF 101.00 FEET, TO THE POINT OF BEGINNING EXHIBIT “B”
Development Impact Fees
Attachment 3
Resolution
Initiation of Proceedings for Annexation into Zone of Benefit 27B RESOLUTION NO. 22-_____

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

CALIFORNIA INITIATING PROCEEDINGS PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE ANNEXATION OF

PROPERTY INTO CITY OF MADERA LANDSCAPE MAINTENANCE DISTRICT (LMD) ZONE OF BENEFIT 27B, TO REVIEW THE IMPROVEMENTS AND ASSESSMENTS FOR FISCAL YEAR 2023-2024, AND SETTING A PUBLIC

HEARING
WHEREAS, the Landscaping and Lighting Act of 1972 (“Act”) provides and establishes procedures for annexing properties to an existing Landscaping and Lighting Assessment District; and WHEREAS, the City of Madera Landscape Maintenance District (District) was formed by Resolution No. 91-67, approved June 17, 1991, pursuant to Part 2 of Division 15 of the Streets and Highways Code (Landscape and Lighting Act of 1972), herein the “Act” to levy and collect assessments to cover the cost of maintaining all landscaping, and irrigation systems within the District public right-of-way; and
WHEREAS, not only will annexing this new development into the existing district ensure that all benefitting parcels share equally in the costs to maintain the improvements, but consolidating the benefitting developments into a single assessment district will facilitate their management by the City; and
WHEREAS, the proceedings for the annexation of the aforementioned tracts and public lands to the District are authorized by and will be conducted pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code; and
WHEREAS, pursuant to Streets and Highways Code section 22608, resolutions, reports, notices of hearing, and the right of majority protest may be waived with the written consent of all landowners of the territory to be annexed; and
WHEREAS, DMP Development Corporation, Inc., A California Corporation is the landowner of the property proposed for annexation and generally located at the Northeast of the intersection of Sunset Avenue and Road 24, and which is also known as Vineyard Estates Phase III-A Subdivision (Tract No. 21-S02), whose final map is being concurrently considered by the City Council, as further described or depicted on EXHIBIT A (“Subject Property”) and diagrammed in Exhibit B.; and WHEREAS, DMP Development Corporation, Inc., A California Corporation, has provided a petition for annexation and written consent to waiver of resolutions, reports, notices of hearing, and the right of majority protest regarding the Subject Property, as well as consenting to the amount of the proposed levy for the current fiscal year; and
WHEREAS, the property owner has consented to an annual change in the range of the assessment as authorized by Proposition 218; and
WHEREAS, as a result, no report by the City Engineer is required to be prepared and filed with the City Clerk which outlines the land to be annexed; and
WHEREAS, this City Council now desires to proceed to adopt this Resolution of Intention to declare its intent to annex the Subject Property into LMD Zone of Benefit 27B, and to set and specify the levy and collection of assessments, and to set a time and place for a public hearing relating to the annexation of the Subject Property into LMD Zone of Benefit 27B.

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

1. The above recitals are true and correct.

2. The City Council proposes to annex the Subject Property into LMD Zone of Benefit 27B of City of Madera City of Madera Landscape Maintenance District formed by the City Council for the City of Madera per Resolution No. 91-67, approved June 17, 1991, pursuant to Part 2 of Division 15 of the Streets and Highways Code and pursuant to the Landscaping and Lighting Act of 1972 (Section 22500 and following, Streets and Highways Code). The property proposed to be annexed is identified on Exhibit “A” and diagrammed in Exhibit B.

3. The Subject Property proposed to be annexed and to be specifically charged for the improvements shall include all of the land identified on Exhibit “A” and shall be designated part of LMD Zone of Benefit 27B

4. The improvements which are provided for the properties within City of Madera Landscape Maintenance District, and which shall be provided for the property within LMD Zone of Benefit 27B by and through the assessments levied annually thereon shall include the following:
a. The installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands; and
b. The installation or construction of irrigation systems; and c. The maintenance and servicing of any of the foregoing.

5. The City Engineer of the City of Madera is hereby designated the engineer for the annexation proceedings. The City Council finds that the landowner has presented a written consent, and that the engineer is not required to prepare and file with the City Clerk a report in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972 for the annexation proceedings, consistent with the Landscaping and Lighting Act of 1972.

6. The City Engineer is hereby directed to review, and modify the assessments levied against parcels previously within LMD Zone of Benefit 27B district boundaries in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972 for the annexation proceedings, as required by Chapter 2 of Part 2 of Division 15 of the Landscaping and Lighting Act of 1972. The proposed assessments upon the lots and parcels of land are set forth in Exhibit “C.”

7. Notice is given that on August 17, 2022, at the hour of 6:00 p.m., in the regular meeting place of the City Council being the Council Chambers located at 205 W. Fourth Street, Madera, California 93637, a public hearing will be held where this City Council will consider the authorization for the annexation of the Subject Property into City of Madera Landscape Maintenance District Zone of Benefit 27B, the proposed assessment of the levy with the Subject Property and all other matters as set forth in this Resolution of Intention.

Pursuant to the petition, all of the landowner(s) within the Subject Property have waived all applicable resolutions, reports, notices of hearing, and the right of majority protest.

At such public hearing, the testimony or protest of all interested persons for or against the annexation of the Subject Property or the imposition of levy of assessments within the Subject Property will be heard.

8. This resolution is effective immediately upon adoption. * * * * * * * * * * * * *
Exhibit A
Zone of Benefit 27B Location Map

Exhibit B
Property to be Annexed into Zone of Benefit 27B Diagram

Exhibit C
Assessment Amounts (Sheet 1 of 4)
Lot Owner Assessment Amount
(FY 2023/2024)
1 DMP Development Corporation, Inc., A California Corporation $ 48.88 2 DMP Development Corporation, Inc., A California Corporation $ 48.88 3 DMP Development Corporation, Inc., A California Corporation $ 48.88 4 DMP Development Corporation, Inc., A California Corporation $ 48.88 5 DMP Development Corporation, Inc., A California Corporation $ 48.88 6 DMP Development Corporation, Inc., A California Corporation $ 48.88 7 DMP Development Corporation, Inc., A California Corporation $ 48.88 8 DMP Development Corporation, Inc., A California Corporation $ 48.88 9 DMP Development Corporation, Inc., A California Corporation $ 48.88 10 DMP Development Corporation, Inc., A California Corporation $ 48.88 11 DMP Development Corporation, Inc., A California Corporation $ 48.88 12 DMP Development Corporation, Inc., A California Corporation $ 48.88 13 DMP Development Corporation, Inc., A California Corporation $ 48.88 14 DMP Development Corporation, Inc., A California Corporation $ 48.88 15 DMP Development Corporation, Inc., A California Corporation $ 48.88 16 DMP Development Corporation, Inc., A California Corporation $ 48.88 17 DMP Development Corporation, Inc., A California Corporation $ 48.88 18 DMP Development Corporation, Inc., A California Corporation $ 48.88 19 DMP Development Corporation, Inc., A California Corporation $ 48.88 20 DMP Development Corporation, Inc., A California Corporation $ 48.88 21 DMP Development Corporation, Inc., A California Corporation $ 48.88 22 DMP Development Corporation, Inc., A California Corporation $ 48.88 Exhibit C
Assessment Amounts (Sheet 2 of 4)
Lot Owner Assessment Amount
(FY 2023/2024)
23 DMP Development Corporation, Inc., A California Corporation $ 48.88 24 DMP Development Corporation, Inc., A California Corporation $ 48.88 25 DMP Development Corporation, Inc., A California Corporation $ 48.88 26 DMP Development Corporation, Inc., A California Corporation $ 48.88 27 DMP Development Corporation, Inc., A California Corporation $ 48.88 28 DMP Development Corporation, Inc., A California Corporation $ 48.88 29 DMP Development Corporation, Inc., A California Corporation $ 48.88 30 DMP Development Corporation, Inc., A California Corporation $ 48.88 31 DMP Development Corporation, Inc., A California Corporation $ 48.88 32 DMP Development Corporation, Inc., A California Corporation $ 48.88 33 DMP Development Corporation, Inc., A California Corporation $ 48.88 34 DMP Development Corporation, Inc., A California Corporation $ 48.88 35 DMP Development Corporation, Inc., A California Corporation $ 48.88 36 DMP Development Corporation, Inc., A California Corporation $ 48.88 37 DMP Development Corporation, Inc., A California Corporation $ 48.88 38 DMP Development Corporation, Inc., A California Corporation $ 48.88 39 DMP Development Corporation, Inc., A California Corporation $ 48.88 40 DMP Development Corporation, Inc., A California Corporation $ 48.88 41 DMP Development Corporation, Inc., A California Corporation $ 48.88 42 DMP Development Corporation, Inc., A California Corporation $ 48.88 43 DMP Development Corporation, Inc., A California Corporation $ 48.88 Exhibit C
Assessment Amounts (Sheet 3 of 4)
Lot Owner Assessment Amount
(FY 2023/2024)
44 DMP Development Corporation, Inc., A California Corporation $ 48.88 45 DMP Development Corporation, Inc., A California Corporation $ 48.88 46 DMP Development Corporation, Inc., A California Corporation $ 48.88 47 DMP Development Corporation, Inc., A California Corporation $ 48.88 48 DMP Development Corporation, Inc., A California Corporation $ 48.88 49 DMP Development Corporation, Inc., A California Corporation $ 48.88 50 DMP Development Corporation, Inc., A California Corporation $ 48.88 51 DMP Development Corporation, Inc., A California Corporation $ 48.88 52 DMP Development Corporation, Inc., A California Corporation $ 48.88 53 DMP Development Corporation, Inc., A California Corporation $ 48.88 54 DMP Development Corporation, Inc., A California Corporation $ 48.88 55 DMP Development Corporation, Inc., A California Corporation $ 48.88 56 DMP Development Corporation, Inc., A California Corporation $ 48.88 57 DMP Development Corporation, Inc., A California Corporation $ 48.88 58 DMP Development Corporation, Inc., A California Corporation $ 48.88 59 DMP Development Corporation, Inc., A California Corporation $ 48.88 60 DMP Development Corporation, Inc., A California Corporation $ 48.88 61 DMP Development Corporation, Inc., A California Corporation $ 48.88 62 DMP Development Corporation, Inc., A California Corporation $ 48.88 63 DMP Development Corporation, Inc., A California Corporation $ 48.88 64 DMP Development Corporation, Inc., A California Corporation $ 48.88 Exhibit C
Assessment Amounts (Sheet 4 of 4)
Lot Owner Assessment Amount
(FY 2023/2024)
65 DMP Development Corporation, Inc., A California Corporation $ 48.88 66 DMP Development Corporation, Inc., A California Corporation $ 48.88 67 DMP Development Corporation, Inc., A California Corporation $ 48.88 68 DMP Development Corporation, Inc., A California Corporation $ 48.88 69 DMP Development Corporation, Inc., A California Corporation $ 48.88 70 DMP Development Corporation, Inc., A California Corporation $ 48.88 71 DMP Development Corporation, Inc., A California Corporation $ 48.88 72 DMP Development Corporation, Inc., A California Corporation $ 48.88 73 DMP Development Corporation, Inc., A California Corporation $ 48.88 74 DMP Development Corporation, Inc., A California Corporation $ 48.88 75 DMP Development Corporation, Inc., A California Corporation $ 48.88 76 DMP Development Corporation, Inc., A California Corporation $ 48.88 77 DMP Development Corporation, Inc., A California Corporation $ 48.88 78 DMP Development Corporation, Inc., A California Corporation $ 48.88 79 DMP Development Corporation, Inc., A California Corporation $ 48.88 80 DMP Development Corporation, Inc., A California Corporation $ 48.88 81 DMP Development Corporation, Inc., A California Corporation $ 48.88 82 DMP Development Corporation, Inc., A California Corporation $ 48.88 83 DMP Development Corporation, Inc., A California Corporation $ 48.88 84 DMP Development Corporation, Inc., A California Corporation $ 48.88 85 DMP Development Corporation, Inc., A California Corporation $ 48.88 86 DMP Development Corporation, Inc., A California Corporation $ 48.88 87 DMP Development Corporation, Inc., A California Corporation $ 48.88 88 DMP Development Corporation, Inc., A California Corporation $ 48.88 Attachment 4
Covenant - LMD Zone of Benefit 27B
RECORDING REQUESTED BY:

City of Madera
WHEN RECORDED RETURN TO:

City of Madera
205 W. 4th Street
Madera, CA 93637
Attention: City Clerk
_________________________________________________________________________________________________ Fee Waived per Section 27383 & 27388.1(a)(2)(D) of the Government Code

COVENANT

LANDSCAPE MAINTENANCE DISTRICT
ZONE OF BENEFIT 27B
This covenant and agreement is by and between the City of Madera, a general law city (“City”), and DMP Development Corporation, Inc., A California Corporation (“Covenantor”) located at 2001 Howard Road, Ste. 211, Madera, CA 93637, and is effective the date first appearing on the Clerk’s Attestation and signature for the City of Madera.

RECITALS
A. Covenantor is the owner and developer of that certain real property in the City of Madera, County of Madera, State of California, hereinafter referred to as “the Subject Property,” and more particularly described as:

THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF MADERA, CITY OF MADERA, DESCRIBED AS FOLLOWS:

A PORTION OF PARCEL 4 OF PARCEL MAP NO. 02-P-03, ACCORDING TO THE MAP THEREOF RECORDED NOVEMBER 4, 2002 IN BOOK 50 OF MAPS, AT PAGES 115 AND 116, MADERA COUNTY RECORDS, DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 4, THENCE SOUTH 00°07’17”WEST, A DISTANCE OF 541.43 FEET, TO THE POINT OF BEGINNING.

THENCE CONTINUING THENCE SOUTH 00°07’17” WEST, A DISTANCE OF 1325.43 FEET; THENCE SOUTH 89°54’52” EAST, A DISTANCE OF 714.39 FEET; THENCE NORTH 00°05’08” EAST, A DISTANCE OF 676.96 FEET TO A POINT ON A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 400 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 122.96 FEET THROUGH A CENTRAL ANGLE OF 17°36’46”;
THENCE NORTH 89°54’52” WEST, A DISTANCE OF 34.49 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 433.00 FEET, THE INITIAL RADIAL OF WHICH BEARS NORTH 73°40’59” WEST;
THENCE NORTHEASTERLY ALONG SAID CURVE AND ARC DISTANCE OF 113.23 FEET THROUGH A CENTRAL ANGLE OF 14°58’57”;
THENCE NORTH 58°48'01" WEST, A DISTANCE OF 115.00 FEET; THENCE NORTH 27°01'22" EAST, A DISTANCE OF 140.38 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 327.00 FEET, THE INITIAL RADIAL OF WHICH BEARS NORTH 21°07'59" EAST;
THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 3.03 FEET THROUGH A CENTRAL ANGLE OF 0°31'53";
THENCE NORTH 69°23'55" EAST, A DISTANCE OF 85.65 FEET;
THENCE NORTH 22°20'59" WEST, A DISTANCE OF 16.22 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 427.00 FEET, THE INITIAL RADIAL OF WHICH BEARS SOUTH 65°36'03" EAST;
THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 11.14 FEET THROUGH A CENTRAL ANGLE OF 1°29'43";
THENCE NORTH 69°23'55" WEST, A DISTANCE OF 33.37 FEET TO A POINT ON A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 400.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 37.76 FEET THROUGH A CENTRAL ANGLE OF 5°24'33";
THENCE SOUTH 15°11‘32” WEST, A DISTANCE OF 25.00 FEET;
THENCE SOUTH 23°26’20” EAST, A DISTANCE OF 16.10 FEET;
THENCE SOUTH 27°01’02” WEST, A DISTANCE OF 92.89 FEET;
THENCE NORTH 89°52’43” WEST, A DISTANCE OF 263.39 FEET; THENCE NORTH 00°07’17” EAST, A DISTANCE OF 271.14 FEET; THENCE NORTH 89°52’43” WEST, A DISTANCE OF 150.00 FEET; THENCE NORTH 00°07’17” EAST, A DISTANCE OF 10.21 FEET;
THENCE NORTH 89°52’43” WEST, A DISTANCE OF 101.00 FEET, TO THE POINT OF BEGINNING B. A condition of approval of Vineyard Estates Phase III-A Subdivision (Tract No. 21- S-02) is a requirement that, prior to Final Map recordation, the Covenantor will annex the property to the City of Madera Landscape Maintenance District 27B (“District No.27B”) to levy and collect assessments to cover the cost of maintaining all landscaping, and irrigation systems within the LMD Zone of Benefit 27B public right-of-way. The Covenantor is also required to disclose to all potential lot buyers that the Property has been annexed into LMD Zone of Benefit 27B. Said condition is set forth in Resolution No. 1864 as Condition No. 54 (hereafter “LMD Condition”).

C. The Covenantor and the City desire to enter into this covenant (“Covenant”) providing for such annexation and notice to satisfy the LMD Condition for the Subject Property.

COVENANT AND AGREEMENT
In consideration of the foregoing recitals which are incorporated by reference and to satisfy the LMD Condition, the Covenantor hereby covenants, promises, and agrees with the City for the benefit of the City and benefitted properties that the Subject Property shall be held, conveyed, encumbered, used, occupied, developed, maintained, and improved subject to the following covenants, conditions, and restrictions, which are for the purpose of enhancing attractiveness, usefulness, value, desirability, and safety of the Subject Property, the surrounding property and the public at large, and to minimize possible adverse effects on the public health, safety, peace, and general welfare. Each of the covenants, conditions, and restrictions contained in this Covenant shall run with the Subject Property and shall be binding upon and inure to the benefit of each successive owner of the Subject Property and Covenantor’s heirs, successors, and assigns during Covenantor’s ownership thereof.

1. The Covenantor agrees that prior to the recordation of Phase 1 of Tentative Map No. Tract No. 21-S-02, Covenantor will annex the property to LMD No. 27B to be levied and assessments collected to cover the cost of maintaining landscaping and irrigation systems within the LMD No. 27B public right-of-way.

2. The Covenantor agrees to disclose to all potential lot buyers, prior to transfer of ownership, that the parcel within the Subject Property is part of LMD Zone of Benefit 27B.

3. The conditions of this Covenant are intended to benefit the Subject Property, the public, the City and its public properties. Accordingly, it is agreed the City shall have the right to enforce this Covenant by any legal or equitable means, including, but not limited to, obtaining an order of specific performance, against the Covenantor and such person or persons in actual possession of Subject Property who directly or who through any agent violate the terms hereof.

4. The Covenantor consents to an annual assessment on the Subject Property(ies). The assessment, based on dwelling units, currently in an amount not to exceed per dwelling unit with the assessment per parcel being proportional to the number of dwelling units situated on each parcel(s). The Covenantor agrees that this assessment is proportional to, and no greater than, the special benefit conferred on the Subject Property by being annexed into the LMD. The Covenantor also consents to an annual change in the range of the assessment in the amount of the Engineering News Record Construction Cost Index (ENRCC), plus two percent (2%). The Covenantor agrees that if such change in the range of the assessment is implemented less frequently than an annual basis, the change may be based upon the total change in the ENRCC Index since the most recent change in the assessment plus two percent per year. The Covenantor further agrees that temporary decreases in assessment do not represent a waiver of other provisions of this covenant and that the assessment may later be reset to an amount consistent with the assessment prior to the reduction plus the total change in the ENRCC Index plus two percent.

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

6. If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Covenant, including enforcement of a lien thereunder or under LMD Zone of Benefit 27B, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Covenant, “attorneys’ fees” and “legal expenses” include, without limitation, paralegals’ fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party’s attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation, whether or not otherwise recoverable as “attorneys’ fees” or as “costs” under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys’ fees.

7. The provisions of this Covenant shall be deemed independent and severable and the validity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. Whenever the context of the Covenant so requires, in interpreting this Covenant, any gender includes the other genders, the singular includes the plural, and the plural includes the singular.

8. This Covenant shall not be deemed to confer any rights upon any individual or entity which is not a party hereto. The parties hereto expressly disclaim any such third-party benefit.

9. This Covenant may be amended only by a written instrument signed by both the City and the record owner of the Subject Property. Such instrument must be recorded in the Official Records of the County of Madera.

10. This Covenant may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties duly executed this Covenant.

City: Covenantor:

CITY OF MADERA
a Municipal Corporation
By: _______________________________
Santos Garcia
Mayor
DMP DEVELOPMENT CORPORTAION, INC.,

A CALIFORNIA CORPORATION
By: _______________________________
Michael A. Pistoresi
CEO
APPROVED AS TO FORM:

By: _______________________________
Hilda Cantu Montoy
City Attorney
ATTEST:

By: _______________________________
Alicia Gonzales
City Clerk
Date: ______________________________

APPROVED
By: _______________________________
Keith B. Helmuth, P.E.

City Engineer
(Attach Notary Acknowledgments)

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: August 3, 2022
_________________________________ Agenda Number: ___________ Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Consideration of a Minute Order acceptance of a fee waiver to UFW Foundation RECOMMENDATION:

Staff recommends the City Council approve Minute Order approving a fee waiver to the UFW Foundation for the rental of the Rotary Park facilities regarding the “Farm Worker March for the Governor Signature: AB-2183”
SUMMARY:

The UFW Foundation is spearheading a statewide march to urge Governor Gavin Newsom to sing Assembly Bill 2183 (AB 2183). The bill aims at providing more choices in how farm workers vote in union elections. The event will have a stop in the City August 13 - 14, at which time they will be meeting at Rotary Park for a reception and rally.

DISCUSSION:

Hundreds of farm works will launch a grueling 24-day, 335-mile “March for the Governor’s Signature” set to start on August 3rd and end on August 26th. The march will start in Delano and end in Sacramento. The march will stop in Madera on August 13th with the request to meet for a reception and rally at Rotary Park. The march would reconvene on August 14, 2022 from Rotary Park headed to Le Grand.

FINANCIAL IMPACT:

The City of Madera Master Fee Schedule have the cost to rent Rotary Park for a full day rental at $115 plus a $25 Administrative Fee, for a total of $140 dollars. An additional $50 for deposit are requested, to ensure any individual reserving the facility meets expectations for usage. Waiver of these fees would limit the capacity of the staff to collect the $140 per day.

B-10
CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Strategy 113 – Promote greater accessibility of City facilities and services to meet the needs of various cultural, social-economical and disabled groups.

Strategy 202: Develop/expand and promote community gathering places that reflect the multicultural community in Madera.

ALTERNATIVES:

Council may elect to reject fee waiver and require UFW Foundation to pay any and all associated fees for rental of Rotary Park on dates being requested.

ATTACHMENTS:

1. Parks and Community Services Fees

2. UFW Foundation Event Flyer Information
ATTACHMENT 1
Parks and Community Services Fees
Parks and Community Services Fees
Administrative Weekday (Excluding Holidays) FHs Wffkends and Holidays Deposit Miscellaneous FACILITY RENTALS M in. Rental Min. Early Entry Ad.min. (Non• Charge Hourly Full Day Rental Hourly Full Day General orll.ate Alcohol Refundable) (Note 1) Rental Rental Charge Rent al Rental (Note 2) Fee/Hour Surcharge (Note 1)
Rotary Part Pavilion w/out alcohol $ 25.00 5 37.S0 5 12.50 5 55.00 5 60.00 5 20.00 5115.00 5 S0.00 $ 20.00 Rotary Part Pavilion wit h alcohol $ 26.00 5 37.S0 5 12.50 5 55.00 5 60.00 5 20.00 5 115.00 5 200.00 $ 20.00 5 lS0.00 Rotary Part Picnic Shelter 1 $ 25.00 5 40.00 5 10.00 $ 75.00 5 S0.00 $ 1S.00 $ 90.00 5 S0.00 $ 20.00 Rotary Part Picnic Shelter 2 $ 25.00 5 40.00 5 10.00 $ 75.00 5 S0.00 $ 1S.00 $ 90.00 5 S0.00 $ 20.00 Rotary Part Picnic Shelter 3 $ 25.00 5 40.00 5 10.00 $ 75.00 5 S0.00 $ 1S.00 $ 90.00 5 S0.00 $ 20.00 Rotary Part Walking Track $ 25.00 5 60.00 5 15.00 5 SS.00 5 100.00 5 1S.00 5 lS0.00 5 S0.00 Rotary Part Skate Part $ 25.00 $ 16S.OO 5 S0.00 5 315.00 5 165.00 5 50.00 5 315.00 5 50.00 $ 20.00 Rotary Youth Hut M ulti-Purpose Room $ 25.00 $ 120.00 5 40.00 $ 180.00 5 120.00 5 40.00 5 180.00 5 50.00 $ 20.00 Sunrise Rot ary Sports Comp. Pavilion $ 25.00 5 37.S0 5 12.S0 5 55.00 5 60.00 5 20.00 5115.00 5 50.00 $ 20.00 Sunrise Rotary Sports Comp. Softball Fie lds 1 & 2 (2hr. min.) $ 25.00 5 25.00 s 12.S0 $ 90.00 5 25.00 5 1 2.S0 5 90.00 5 50.00 $ 20.00 Sunrise Rotary Sports Comp. Softball Fie lds 1 & 2 Lights 5 20.00 5 20.00 Sunrise Rotary Sports Comp. Softball Fields 1 & 2 Field Prep. 5 4S.00 5 45.00 Sunrise Rotary Sports Comp. Softball Fields 1 & 2 Bi•Weeldy Field Prep. $ 150.00 5 150.00 Sunrise Rotary Sports Comp. Soccer Field (2 hr. m in.) $ 25.00 5 25.00 5 12.50 $ 90.00 5 25.00 5 12.S0 5 90.00 5 50.00 $ 20.00 Sunrise Rotary Sports Comp. Soccer Field Lights 5 20.00 5 20.00 Sunrise Rotary Sports Comp. Soccer Field Prep. 5 50.00 5 50.00 Sunrise Rotary Sports Comp. Soccer Field Bi•Wee.kly Prep. $ 150.00 5 150.00 Wells Yout h Center Conference Room 1st Floor $ 25.00 5 60.00 5 20.00 5 100.00 5 100.00 $ 20.00 Wells Yout h Center Conference Room 2nd Floor $ 25.00 5 60.00 5 20.00 5 100.00 5 100.00 $ 20.00 Wells Yout h Center Comput er Lab $ 25.00 $ 150.00 5 75.00 5 300.00 5 75.00 5 150.00 5 300.00 5 100.00 $ 20.00 Wells Yout h Center Multi•Purpose Room (Rec Room ) $ 25.00 $ 120.00 5 40.00 5 235.00 5 120.00 5 40.00 5 235.00 5 100.00 $ 20.00 Wells Yout h Center M ulti•Purpose Room (Teen Lounge) $ 25.00 $ 120.00 5 40.00 5 235.00 5 120.00 5 40.00 5 235.00 5 100.00 $ 20.00 Wells Yout h Center Multi•Purpose Room (Crafts) $ 25.00 $ 120.00 5 40.00 5 235.00 5 120.00 5 40.00 5 235.00 5 100.00 $ 20.00 Wells Yout h Center Gym $ 25.00 $ 150.00 5 50.00 5 295.00 5 150.00 5 50.00 5 295.00 5 200.00 $ 20.00 Wells Yout h Center Pat io $ 25.00 5 40.00 5 20.00 5 70.00 5 40.00 5 20.00 5 70.00 5 100.00 $ 20.00 Wells Yout h Center Dance Studio $ 25.00 5 90.00 5 30.00 5 100.00 5 90.00 5 30.00 5 100.00 5 100.00 $ 20.00 Wells Yout h Center Music Studio $ 25.00 $ 19S.OO 5 65.00 5 19S.OO 5 65.00 5 S00.00 $ 20.00 ATTACHMENT 2
UFW Foundation Event Flyer Information
The Agricultural Labor Relations
Voting Choice Act, AB-2183 (Stone)
Hundreds of farm workers will launch a grueling 24-
day, 335-mile “March for the Governor’s Signature”
on Aug 3, from Kern County to the state Capitol in
Sacramento urging Governor Gavin Newsom to

JOIN FARM WORKERS' MARCH FOR
THE GOVERNOR'S SIGNATURE!
Delano
Aug 3
August 3 (Delano)- August 26 (Sacramento)

GET IN TOUCH
E-mail:
[email protected]
Sign Up Online at:
http://ufw.org/camarch
sign AB 2183. California needs to reduce voter
suppression, intimidation, and retaliation
against workers exercising their rights.

AB 2183 would provide more choices
in how farm workers vote in union
elections.
@ufwfoundation
Sacramento
Aug 26
Delano
Aug 3
UFW
FOUNDATION ~
~r,.RMW~~""
!::: :,~ ~ ~ =:, CJ)
,;s, '
/ S£ pl)'c.~«;'
jSi Se Puede!®
FARM WORKER MARCH FOR THE GOVERNOR SIGNATURE: AB-2183

DELANO TO SACRAMENTO

PUBLIC DOCUMENT
08/03/22 to 8/26/22
Day 1 (Wednesday, 8/3/22) Delano to Richgrove
-Start at 40 Acres: 30168 Garces Hwy, Delano CA 93215
-Stop at Richgrove Park, Vineyard Dr. and Dooley Dr. Richgrove, CA 93261 for Reception and Rally.

Day 2 (Thursday, 8/4/22) Richgrove to Terra Bella
-Start at Richgrove Park, Vineyard Dr. and Dooley Dr. Richgrove, CA 93261 -Stop at Plainview Neighborhood Park, Ave 94 and Rd 236 Terra Bella, CA 93270 for Reception and Rally.

Day 3 (Friday, 8/5/22) Terra Bella to Porterville
-Start at Plainview Neighborhood Park, Ave 94 and Rd 236 Terra Bella CA 93270 -Stop at Zalud Park, 700 N El Granito St Porterville CA 93257 for Reception and Rally.

Day 4 (Saturday, 8/6/22) Porterville to Lindsay
-Start at Zalud Park, 700 N El Granito St Porterville, CA 93257 -Stop at City Park 850 N Elmwood Ave. Lindsay, CA 93247 for Reception and Rally.

Day 5 (Sunday, 8/7/22) Lindsay to Farmersville
-Start at City Park 850 N Elmwood Ave. Lindsay, CA 93247 -Stop at Veterans Memorial Park, Farmersville CA for Reception and Rally.

Day 6 (Monday, 8/8/22): Farmersville to Visalia
-Start at Veterans Memorial Park, Farmersville CA
-Stop at River Way Sports Park, 3611 N Dinuba Blvd Visalia CA for Reception and Rally.

Day 7 (Tuesday, 8/9/22): Visalia to Cutler
-Start at River Way Sports Park, 3611 N Dinuba Blvd Visalia CA -Stop at Ledbetter Park, 40765 Rd. 128 Cutler CA for Reception and Rally.

Day 8 (Wednesday, 8/10/22) Cutler to Parlier
-Start at Ledbetter Park, 40765 Rd 128 Cutler CA
-Stop at City Heritage Park, Parlier CA, for Reception and Rally.

Day 9 (Thursday, 8/11/22) Parlier to Calwa
-Start at City Heritage Park, Parlier CA
-Stop at Calwa Recreation and Park District, for Reception and Rally.

Day 10 (Friday, 8/12/22) Calwa to Biola
-Start at Calwa Recreation and Park District
-Stop at Pershing Elementary School, Biola CA, for Reception and Rally.

Day 11 (Saturday, 8/13/22) Biola to Madera
-Start at Pershing Elementary School, Biola CA
-Stop at Rotary Dog Park, Madera CA, for Reception and Rally.

Day 12 (Sunday, 8/14/22): Madera to Le Grand
-Start at Rotary Dog Park Madera CA
-Stop at Le Grand Park for Reception and Rally
Day 13 (Monday, 8/15/22): Le Grand to Merced
-(We will start wherever we left off)
-Stop at Gilbert Macias Park, Merced CA for Reception and Rally.

Day 14 (Tuesday, 8/16/22): Merced to Livingston
-Start at Gilbert Macias Park, Merced CA
-Stop at Livingston Memorial Park, Livingston CA for Reception and Rally.

Day 15 (Wednesday, 8/17/22): Livingston to Turlock
-Start at Livingstone Memorial Park, Livingston CA
-Stop at Columbia Park at the corner of Farr St & High St., Turlock, CA 95380 for Reception and Rally.

Day 16 (Thursday, 8/18/22): Turlock to Modesto
-Start at Columbia Park at the corner of Farr St & High St., Turlock, CA 95380 -Stop at Cesar E. Chavez Park on Sierra Dr. & 4th, Modesto, CA for Reception and Rally.

Day 17 (Friday, 8/19/22): Modesto to Manteca
-Start at Cesar E. Chavez Park, Modesto CA.
-Stop at Woodward Community Park 710 E Woodward Ave., Manteca CA 95337 for Reception and Rally.

Day 18 (Saturday, 8/20/22): Manteca to Stockton
-Start at Woodward Community Park Manteca CA
-Stop at Constitution Park Stockton CA for Reception and Rally.

Day 19 (Sunday, 8/21/22): Stockton to Lodi
-Start at Constitution Park Stockton CA
-Stop at Hale Park (N Stockton St and E Elm St) Lodi CA for Reception and Rally.

Day 20 (Monday, 8/22/22): Lodi to Galt
-Start at Hale Park (N Stockton St and E Elm St) Lodi CA Stop at Saint Christopher Parish at 950 S. Lincoln Way, Galt, CA for Reception and Rally.

Day 21 (Tuesday, 8/23/22): Galt to Walnut Grove
-Start at Saint Christopher's Parish
Stop at Dr. Paul Barnes Community Park 14186 Grove St, Walnut Grove CA 95690 Day 22 (Wednesday, 8/24/22): Walnut Grove to Elk Grove
-Start at Dr. Paul Barnes Community Park 14186 Grove St, Walnut Grove CA 95690 Stop at Buscher Park Elk Grove, CA 95757
Day 23 (Thursday, 8/25/22): Elk Grove to South Sacramento -Start at Buscher Park Elk Grove, CA 95757
Stop at Southside Community Park on 8th & "T" St., Sacramento CA Day 24 (Friday, 8/26/22): South Sacramento to State Capitol -Start at South Side Park 8
th and T St Sacramento CA
-Stop at State Capitol Sacramento CA
Daily Schedule
7am Mass/Blessing (except on 1st day - we do blessing at 8:00 AM) 7:30 am – Depart (except on 1st day- we depart at 8:30 AM) 12:30 PM – 1:30 PM Lunch
5 PM – Arrive at next town and have dinner
5:30 PM - Rally
6:30 PM- Go to sleep!!
*Locations are subject to change.
**Contact Antonio Cortes at (661) 238-5607 cell or email at [email protected] for more information.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: August 3, 2022
_________________________________ Agenda Number:

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

Engineering design services for the Westberry Bridge at the Fresno River RECOMMENDATION:

1. Adopt a Resolution approving an engineering consultant services agreement with Cornerstone Structural Engineering Group (Cornerstone) Inc. for a fee of $1,015,144 for engineering design services for the Westberry Bridge and 10% Contingency

2. Adopt a Resolution appropriating $1,250,000 in the Fiscal Year (FY) 2022/23 Capital Projects Budget for the project
SUMMARY:

In 2008 Cornerstone, under contract with K Hovnanian Development (KHov), prepared design studies, obtained a bridge type approval from various governing agencies, performed geotechnical investigations, and prepared 30% design drawings for the Westberry Bridge. Due to what probably was the economic downturn at that time, the bridge design was stopped.

Since 2008, there has been residential development in the area and future development planned that has increased the demand for the bridge.

The estimated construction cost of the Westberry Bridge is $10,539,000 (2023 dollars). Funding for construction of the bridge is anticipated to come from Measure T and grants, whereas the funding for the design (this item) is from Development Impact Fees. Council may recall that Development Impact Fees (DIF) are collected as part of new development. A portion of which are allocated for roadways, including bridges.

D-1
The engineering consultant services agreement with Cornerstone is for a full design engineering package that includes:
▪ Structural
▪ Civil
▪ Geotechnical
▪ Hydraulic
▪ Environmental pursuant to the California Environmental Quality Act ▪ Electrical
▪ Permitting from required regulatory agencies
▪ Preparation of construction plans
▪ Construction specifications, and
▪ An engineer’s estimate of construction costs.

Their scope and fee also include engineering construction support as an option.

BACKGROUND:

Westberry Boulevard is classified as an arterial in the City’s road classification system. It serves existing residential/commercial development east and west of Westberry Boulevard, and also residential/commercial development north and south of the Fresno River. Currently north-south vehicular traffic that might use the proposed Westberry Bridge is routed to the Granada bridge to the east or Road 23 to the west. Additionally, there are various proposals being reviewed by city staff for a new development near Westberry Boulevard and the Fresno River. The addition of the Westberry Bridge across the Fresno River may reduce driving time and driving mileage for daily trips across the Fresno River by eliminating a significant amount of daily vehicular traffic that currently uses the Granada or Schnoor bridges.

In 2008, while under contract with KHov, Cornerstone prepared design studies, obtained a bridge type approval from the regulatory agencies, performed geotechnical investigations, and prepared 30% design drawings for the Westberry bridge. The City Engineer at the time approved the studies and 30% design. Most of the engineering studies and drawings can be used today but are the sole property of KHov. Khov has released use of these documents in an email to the City.

KHov however requested reimbursement for any materials found to be useful in the new efforts at the actual cost from that time (2008) with no escalation due to inflation. Staff anticipates a value of up to $200,000, but the actual value will be assigned to these materials in coordination with Cornerstone, staff, and KHov.

Because of the previous work completed and paid for to Cornerstone in 2008, a discounted engineering cost proposal was received from Cornerstone for the Westberry Bridge for $1,015,144. Many of the original key consultants will still be used along with most of the engineering work, studies, and plans previously completed. Because of the history Cornerstone has with the engineering details of this project, there is also substantial intellectual property that no other firm possesses.

As part of the Engineering Departments due diligence, Cornerstone’s discounted engineering fee was compared to engineering fees of 9 other similar bridges that were constructed over the past 5 years in the Fresno, Madera, and Mariposa Counties. Worth noting:
▪ The ratio of Cornerstones engineering fee to construction cost is below the ratio of all 9 other bridge designs
▪ Is over 4% below the average of the other bridge designs This savings is most likely due to the reuse of previously prepared engineering reports, permits, 30% plan, and the intellectual property of this project.

Overall, it is anticipated that by reusing the originally prepared engineering plans, studies, and permits, there will be a savings of more than $430,000, but due to the reimbursement of up to $200,000.00 to KHov, the actual savings value after the reimbursement is $230,000.00 or potentially more. If a new engineering firm were hired, the City would lose all the engineering plans, studies, and permits already completed since they are the property of Cornerstone. This would also result in starting over in the entire engineering process, added substantial staff time, and a probable increase in engineering fees.

It is staff’s opinion that contracting with Cornerstone is substantially the most cost and schedule effective path to take.

FINANCIAL IMPACT:

There is no fiscal impact to the City's General Fund. All engineering design funding is from the Transportation Development Impact Fees (DIF) (Account 40930000).

Funding for the project development phase of the project is included in the Draft 2022/23 Capital Improvement Program (CIP) and was to be appropriated with the Fiscal Year (FY) 2022/23 Capital Improvement Budget. Because the City is operating under a continuing budget resolution it is necessary to appropriate the funds needed for this agreement. Attachment 2 to the resolution appropriates $ 1,250,000.00 toward the Fiscal Year (FY) 2022/23 Capital Improvement Budget.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Strategy 132, Neighborhood Connectivity: Update arterials and collector street to accommodate bicycles, pedestrians, and transit vehicles.

ALTERNATIVES:

As an alternative, Council may direct staff to not enter into an agreement with Cornerstone and solicit competitive proposal from other engineering firms. Delays will result and the cost of engineering will increase substantially.

ATTACHMENTS:

1. Resolution approving Agreement

2. Exhibit A – Consultant Services Agreement

3. Budget Appropriation Resolution

4. FY 22/23 Budget appropriation for Westberry Bridge Project B-00002

5. Location Map

6. 30% Preliminary Bridge Plan and Profile
ATTACHMENT 1
RESOLUTION NO. 22-______

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

CALIFORNIA APPROVING A CONSULTANT SERVICES AGREEMENT WITH

CORNERSTONE STRUCTURAL ENGINEERING GROUP, INC IN THE AMOUNT OF $ 1,015,144.00 FOR ENGINEERING DESIGN SERVICES FOR THE WESTBERRY BRIDGE PROJECT, CITY PROJECT B-02
WHEREAS, the City of Madera (City) has a need for a new bridge across the Fresno River on Westberry Boulevard (Project); and
WHEREAS, engineering services by a professional firm are required for the Project; and WHEREAS, the City Requested a Proposal from Cornerstone Structural Engineering Group, Inc (Cornerstone); and
WHEREAS, the City received a proposal in response to the request; and WHEREAS, Cornerstone was selected based on that the engineering and permitting for the bridge is 30% complete, intellectual knowledge of the proposed project that no other engineering firm possesses, engineering experience on bridges, and comparative analysis of Cornerstone’s fee with engineering fees from similar bridge projects in the area.

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

1. The above recitals are true and correct.

2. Consultant Services Agreement with Cornerstone Structural Engineering Group, Inc. in the amount of $1,015,144.00 for engineering design services for the Westberry bridge, City Project B-02 is approved.

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

EXHIBIT A

ATTACHMENT 3
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, APPROPRIATING $ 1,250,000.00 TO THE CITY OF MADERA FISCAL YEAR (FY) 2022/23 CAPITAL PROJECTS BUDGET FOR THE WESTBERRY BRIDGE

PROJECT (PROJECT) AT THE FRESNO RIVER
WHEREAS, the Capital Improvement Program (CIP) includes a project to construct a new bridge crossing the Fresno River in the Westberry Boulevard alignment (the Project); and
WHEREAS, Transportation Impact Fees are identified for funding the design phase of the Project is identified in the Draft FY 2022/23 CIP; and WHEREAS, there is a desire to enter into a consultant services agreement and incur expenses related to the preliminary engineering phase prior to adoption of the City’s FY 2022/23 Budget; and
WHEREAS, adequate funds are available in Transportation Development Impact Fees, GL 40930000.

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

1. The above recitals are true and correct.

2. Funds shall be appropriated in the FY 2022/23 Capital Projects Budget in accordance with Exhibit A, which is incorporated by reference herein.

4. This resolution is effective immediately
* * * * * * * *
ATTACHMENT 4
FY 22/23 BUDGET APPROPRIATION FOR
WESTBERRY BRIDGE PROJECT B-00002
ORG
CODE
OBJECT
CODE

PROJECT

CODE DESCRIPTION

APPROPRIATED CHANGES
(+) (-)
4093000 7050 B-00002 Westberry Bridge
Design Phase $1,250,000.00
TOTALS $1,250,000.00
ATTACHMENT 5

LOCATION MAP
ATTACHMENT 6
30% Preliminary Bridge Plan and Profile

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: August 3, 2022
_________________________________ Agenda Number: ___________ Kingsley Okereke, Interim Director of Financial Services _________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Franchise Agreement with Mid Valley Disposal for the Collection, Transportation, and Recycling of Solid Waste Services
RECOMMENDATION:

Adopt a Resolution approving the proposed agreement with Mid Valley Disposal for the collection, transportation, and recycling of solid waste services
SUMMARY:

The City and Mid Valley Disposal (Franchisee) entered into a Solid Waste and Recycling Services Agreement effective January 1, 2013, to December 31, 2022. While the agreement is not set to expire until the end of this year, changes in legislation, in particular Senate Bill (SB) 1383, require additional recycling and reporting services and reduction in short-lived climate pollutants. This franchise agreement incorporates the new regulatory requirements related to SB 1383. The term of the agreement is for 10 years.

DISCUSSION:

Pursuant to enacted legislation, the City is required to make adequate provisions for the disposal of solid waste. Additionally, to ensure public health, safety and well-being the City may enter into an exclusive franchise agreement for the collection and recovery of solid waste from all residential, industrial and commercial premises in the City. Recent legislation, SB 1383, has imposed significant requirements related to the collection and disposal of short-lived climate pollutants, mainly food/organic waste.

Mid Valley Disposal has been the City’s third-party waste hauler since 2013. The agreement will expire at the end of 2022. The new SB 1383 legislation would require that the City amend the current contract to comply with the regulations. The cost associated with implementing SB 1383 were so significant that a short-term amendment was not cost effective. In order to maintain costs to customers be maintained as low as possible, providing quality services and complying with the law, it was determined that a longer term was necessary. In short, there are major capital costs and plant/equipment costs associated with the implementation of SB 1383.

D-2
VlllEY CINTRll
Mid Valley Disposal has been involved with the implementation of SB 1383 with other agencies and has invested in the capital projects necessary to comply with the new regulations. They have the equipment that can appropriately compost and process the organic short-lived climate pollutants. Mid Valley Disposal has provided quality services to City for almost 10 years and are committed to continuing to deliver quality solid waste disposal services for the next 10 years.

A few items worth highlighting:

1. There shall be no disruption to customers

2. The term of this agreement is for 10 years

3. While the Proposition 218 Rate Study (NBS) combined solid waste and street sweeping, the City will continue to provide street sweeping.

4. The City shall continue to bill and collect services fees for solid waste. The City shall retain a cost recovery fee for its services.

5. For services rendered, the City will retain 25.5% from residential and 20% from commercial customers. The City will utilize portions of the cost recovery for street repairs, clearing of trees overhanging the roadway, and staff time associated with utility billing.

6. Rates for the initial 5 years are attached. Said fees include an annual cost-of-living adjustment (COLA).

7. Rates for years 6-10, fees shall be adjusted by adding a COLA to the then current Fee. The COLA shall be based on the change in the annual Consumer Price Index (CPI).

8. Mid Valley shall:
a. Collect waste at the Public Works yard and City Hall at no cost to the City b. In partnership with the City, continue the annual curbside clean-up c. Collect up to 20 tons of illegal dumping annually
d. Provide up to 4 sharps collection kiosks and a battery drop-off location e. Provide walk-in service for seniors and/or handicap persons that may require assistance f. Provide up to $5,000.00 per year in scholarships to graduating seniors from the City g. Provide up to $10,000 per year in financial support for the 4th of July event h. Serve as the lead filing pertinent documentation to CalRecycle, including SB 1383 CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Strategy 437 Recycling program: Promote recycling through multiple programs.

ATTACHMENTS

1. Resolution
a. Agreement
RESOLUTION NO: ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA (“City”), APPROVING A FRANCHISE AGREEMENT WITH MID VALLEY DISPOSAL (“Franchisee”) FOR SOLID WASTE AND RECYCLING

SERVICES AND AUTHORIZING THE MAYOR TO SIGN THE FRANCHISE

AGREEMENT ON BEHALF OF THE CITY
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (“AB 939”), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdiction; and
WHEREAS, pursuant to California Public Resources Code Section 40059 (a), the City Council has determined that that the public health, safety, and well-being require that an exclusive franchise be awarded to a qualified Solid Waste enterprise for the collection and recovery of solid waste from all residential, industrial and commercial premises in the City; and WHEREAS, The City and Franchisee entered a Solid Waste and Recycling Services Agreement effective from January 1, 2013, to December 31, 2022 (“Prior Agreement”); and WHEREAS, Franchisee has lawfully conducted solid waste handling operations in the City under the Prior Agreement for several years and has delivered a level of service to its customers commensurate with the highest industry standards.

WHEREAS, Franchisee is well-qualified to continue providing that service; and WHEREAS, in order to comply with the mandates of AB 939, subsequent legislation and regulation, the City must have the ability to direct the flow of Solid Waste within the incorporated City for the purposes of reporting, processing, recovery and disposal; and WHEREAS, in 2016, Governor Brown signed into law SB1383 that establishes regulatory requirements for Cities, Generators, Solid Waste facilities, and other entities to support achievement of State-wide reduction in short lived climate pollutants; and WHEREAS, City has requested, and Franchisee has agreed to implement new programs and services related to SB 1383 requirements; and
WHEREAS, in order to implement the new programs and services related to SB 1383, Franchisee requires the adjustment of rates to be charged customers in the City of Madera; and WHEREAS, the City and Franchise have engaged in negotiations regarding new SB requirements and an increase in rates as a result of the State’s passage of SB 1383; and WHEREAS, the Prior Agreement, as amended, needs to be updated for the collection, transportation and disposal of Solid Waste and for SB 1383 services as further specified in this Agreement.

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 Mayor is authorized to execute the Franchise Agreement on behalf of the City.

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

MUNICIPAL SOLID

WASTE FRANCHISE AGREEMENT

BETWEEN

CITY OF MADERA, CALIFORNIA
AND

MID-VALLEY DISPOSAL, LLC

TABLE OF CONTENTS
SECTION 1 - COVENANTS, REPRESENTATIONS AND WARRANTIES ................................................................... 2 SECTION 2 - DEFINITIONS ........................................................................................................................... 3 SECTION 3 - GRANT AND ACCEPTANCE OF EXCLUSIVE FRANCHISE................................................................... 4 SECTION 4 – TERM AND TERMINATION........................................................................................................ 5 SECTION 5 - FRANCHISE AREA..................................................................................................................... 5 SECTION 6 - SERVICES PROVIDED BY FRANCHISEE ......................................................................................... 5 SECTION 7 - OWNERSHIP OF SOLID WASTE INCLUDING RECYCLABLE MATERIALS.............................................. 8 SECTION 8 - WASTE DELIVERY DESIGNATION................................................................................................ 8 SECTION 9 - INDEMNIFICATION AND INSURANCE, AND PERFORMANCE BOND................................................. 9 SECTION 10 - FAILURE TO PERFORM AND REMEDIES ................................................................................... 12 SECTION 11 - FRANCHISE TRANSFER .......................................................................................................... 15 SECTION 12 - REPORTS............................................................................................................................. 17 SECTION 13 - COMPENSATION.................................................................................................................. 18 SECTION 14 - FORCE MAJEURE .................................................................................................................. 22 SECTION 15 - OTHER PROVISIONS.............................................................................................................. 22 SECTION 16 - SEVERABILITY ...................................................................................................................... 24 SECTION 17 - ENTIRE AGREEMENT; AMENDMENT....................................................................................... 24 SECTION 18 - CONSTRUCTION OF FRANCHISE ............................................................................................. 25 EXHIBIT A - PROVIDED SERVICES ............................................................................................................... 26 EXHIBIT B - SB 1383 COMPLIANCE PROGRAMS ........................................................................................... 29 EXHIBIT C - DEFINITIONS .......................................................................................................................... 32 EXHIBIT D – FEES ..................................................................................................................................... 38 1 MUNICIPAL SOLID WASTE FRANCHISE AGREEMENT

BETWEEN

CITY OF MADERA, CALIFORNIA
AND

MID-VALLEY DISPOSAL, LLC
This Franchise Agreement ("Franchise Agreement") is entered into on ______________, by and between the City of Madera (“City”) and Mid-Valley Disposal, LLC, a California Limited Liability Company (“Franchisee”) for the collection, transportation and disposal of Solid Waste and for other services as further specified herein in EXHIBIT A and EXHIBIT B.

RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (“AB 939”), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdiction; and
WHEREAS, pursuant to California Public Resources Code Section 40059 (a), the City Council has determined that that the public health, safety, and well-being require that an exclusive franchise be awarded to a qualified Solid Waste enterprise for the collection and recovery of solid waste from all residential, industrial and commercial premises in the City; and WHEREAS, The City and Franchisee entered a Solid Waste and Recycling Services Agreement effective from January 1, 2013, to December 31, 2022 (“Prior Agreement”); and WHEREAS, Franchisee has lawfully conducted solid waste handling operations in the City under the Prior Agreement for several years and has delivered a level of service to its customers commensurate with the highest industry standards.

WHEREAS, Franchisee is well-qualified to continue providing that service; and WHEREAS, in order to comply with the mandates of AB 939, subsequent legislation and regulation, the City must have the ability to direct the flow of Solid Waste within the incorporated City for the purposes of reporting, processing, recovery and disposal; and WHEREAS, in 2016, Governor Brown signed into law SB1383 that establishes regulatory requirements for Cities, Generators, Solid Waste facilities, and other entities to support achievement of State-wide reduction in short lived climate pollutants; and WHEREAS, City has requested, and Franchisee has agreed to implement new programs and services related to SB 1383 requirements; and
2 WHEREAS, in order to implement the new programs and services related to SB 1383, Franchisee requires the adjustment of rates to be charged customers in the City of Madera; and WHEREAS, the City and Franchise have engaged in negotiations regarding new SB requirements and an increase in rates as a result of the State’s passage of SB 1383; and WHEREAS, the Prior Agreement, as amended, needs to be updated for the collection, transportation and disposal of Solid Waste and for SB 1383 services as further specified in this Agreement.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

SECTION 1 - COVENANTS, REPRESENTATIONS AND WARRANTIES
A. Covenants, Representations and Warranties of Franchisee Franchisee hereby makes the following covenants, representations and warranties for the benefit of the City as of the date of this Agreement.
(1) Franchisee is duly organized and validly existing as a limited liability company in good standing under the laws of the State of California.
(2) Franchisee has full legal right, power, and authority to execute, deliver, and perform this Agreement, and has duly authorized the execution and delivery of this Agreement. (3) Each Person signing this Agreement on behalf of Franchisee has been authorized by Franchisee to do so, and this Agreement has been duly executed and delivered by Franchisee, and constitutes a legal, valid and binding obligation of Franchisee enforceable against Franchisee in accordance with its terms.
(4) To the best of Franchisee's knowledge, there is no action, suit, or proceeding before any court or governmental entity against Franchisee or affecting Franchisee, wherein an unfavorable decision, ruling or finding would adversely affect the validity or enforceability of this Agreement, or which would have a material adverse effect on the financial condition of Franchisee.
(5) Franchisee has sufficient financial resources to perform all aspects of its obligations hereunder. There has been no material adverse change in Franchisee's or, if applicable, in Franchisee's parent company's, financial circumstances since the date of the most recent financial statements or information, submitted to the City or reviewed by the City at the offices of Franchisee.
(6) Franchisee has the expert, professional, and technical capability to perform all of its obligations under this Agreement and will maintain the capability at all times during this Agreement’s term.
(7) Prior to providing any service authorized by this Agreement, Franchisee will have provided to the City Manager the security instrument and certificates of insurance required by the Agreement.
3 (8) Prior to providing any service authorized by this Agreement, Franchisee will have provided to the City Manager reasonably acceptable proof that the Franchisee has obtained all necessary permits, authorizations and licenses which are required for furnishing such service.
(9) Franchisee understands and agrees that the City is required to comply with the California Public Records Act.

B. Covenants, Representations and Warranties of the City The City hereby makes the following covenants, representations, and warranties to and for the benefit of Franchisee as of the date of this Agreement:
(1) The parties executing this Agreement on behalf of the City are duly authorized to do so.

This Agreement constitutes the legal, valid and binding Agreement of the City and is enforceable against the City in accordance with its terms. (2) To the best of the City's knowledge without having conducted any research, there is no action, suit, or proceeding against the City before any court or governmental entity wherein an unfavorable decision, ruling or finding would adversely affect the validity or enforceability of this Agreement.
(3) The City shall comply with the California Public Records and shall reasonably cooperate with Franchisee in preserving the confidentiality of Franchisee’s proprietary information, including trade secret information, and preventing its disclosure as authorized by the Public Records Act. It will be the obligation of Franchisee to designate what information it deems to be a trade secret or otherwise in need of protection at the time such information is provided to City. No copies of such proprietary information shall be retained by City as public records under California law. Franchisee shall defend and indemnify City, elected officials, officers, employees, Franchisees, consultants, attorneys, agents and volunteers, including for City attorney fees, staff costs, awards and judgments, for any claims brought against City for failure to produce any requested documentation related to Franchisee and its business in possession of City in accordance with a Public Record’s Act. (4) The City shall use best reasonable efforts to update and amend applicable provisions of its Municipal Code to the extent the City determines such changes are necessary to conform to this Agreement and to meet its obligations hereunder.

SECTION 2 - DEFINITIONS
Whenever any term used in this Franchise Agreement has been defined by AB 939 or in the Municipal Code, the definitions therein, as presently defined and as they may be amended in the future shall apply unless the term is otherwise defined in this Agreement. In the event of conflict between the definition found in AB 939, in the Madera Municipal Code and this Agreement, the definition in this Agreement shall govern all other definitions, while the definition in the Municipal Code shall take precedence over the definition contained in AB 939. The definitions are set forth on the attached and incorporated EXHIBIT C.
/ / /
/ / /
4 SECTION 3 - GRANT AND ACCEPTANCE OF EXCLUSIVE FRANCHISE A. Grant of Franchise
Pursuant to the provisions of the Municipal Code and pursuant to AB 939, and subject to the terms and conditions of this Agreement (including all extensions or renewals), City hereby grants to Franchisee the sole and exclusive right, privilege, and franchise to provide the Solid Waste Handling services described in EXHIBIT A (Provided Services) to this Agreement to all single family units, multifamily units, and commercial, industrial, and institutional premises within the City, and to use the City streets and roads for such purpose. City shall enforce the exclusive rights of Franchisee to provide services within the Franchise Area. By this Agreement and subject to its terms, the City grants the broadest form of exclusive solid waste handling franchise permissible under applicable law including its general municipal police powers and the specific authority given to local agencies by California Public Resources Code Section 40059 to determine aspects of solid waste handling that are of local concern. The foregoing reference to Section 40059 includes the relevant appellate case law interpreting that statute.

B. Acceptance of Franchise
Franchisee agrees to be bound by and comply with all the requirements of this Franchise Agreement. Franchisee waives, terminates and hereby releases any right or claim to serve any part of the City under any prior grant of franchise, contract, license or permit issued or granted by any governmental entity.

C. Exceptions to Exclusivity
The foregoing Grant of Franchise excludes the following:
(1) Self-Haul. Any Solid Waste otherwise within the Scope of this Agreement which is removed and personally transported from any premises by the owner or occupant who generated the solid waste using his or her own equipment thereof for the purpose of lawfully delivering same to a Solid Waste Facility authorized to receive and handle solid waste. The use of a subcontractor by City is not “self-haul” within the meaning of this exception.
(2) Gardeners and Landscapers. The collection, transportation and disposal by a gardener or landscaper of green waste or yard trimmings which are generated as an incidental part of providing gardening, landscaping or landscape maintenance services, provided that the gardener or landscaper is not a hauling service or solid waste enterprise, does not separately or additionally charge for the incidental service of removing, transporting or disposing of the green waste or yard trimmings, and utilizes only his or her own employees and equipment to collect, transport and dispose of same.

Sale or Gift of Recyclable Materials. Source separated Recyclable Materials which are either donated or sold by the generator of the materials to a party other than Franchisee. A mere discount or reduction in price of the Franchisee’s charges for the handling of such materials is not a sale or donation within the meaning of this Agreement. For purposes of this Agreement, materials shall be deemed “solid waste” within the meaning of California Public Resources Code Section 40191, and shall be regulated as such, whether or not they may be potentially recyclable, in either of the following instances: (a) when the material is mixed or commingled 5 with other types of solid waste, or (b) where the payment of a fee, charge, or other consideration, in any form or amount, is directly or indirectly solicited or received from the generator by any person or combination of persons in exchange for collection, removal, transportation, storage, processing, handling, consulting, container rental or disposal services (“fee for service” recycling), whether or not arranged by or through a subcontractor, broker, agent, consultant, or affiliate of the provider of such service.

SECTION 4 – TERM AND TERMINATION
The initial term of this Agreement shall commence at 12:00 a.m. on August 1, 2022 and expire at 12:00 a.m. on June 30, 2032. Prior to the expiration of the term, the Agreement may be extended upon terms and conditions mutually agreeable to City and Franchisee. Termination of this Agreement may also occur pursuant to Section 10 “Failure to Perform and Remedies” of this Agreement.

SECTION 5 - FRANCHISE AREA
The Franchise Area granted by this Agreement is the legally established geographic limits of the City, as the same now exist or may hereinafter be revised by annexation or otherwise. Franchisee shall perform Solid Waste Handling services pursuant to this Agreement only in such Franchise Area.

SECTION 6 - SERVICES PROVIDED BY FRANCHISEE
Franchisee shall comply with the following minimum operating requirements shall apply to Grantee, except to the extent any operating requirement is specifically eliminated or modified in EXHIBIT A:

A. Employees
(1) Each employee or other Person driving Franchisee’s vehicle shall at all times have a valid California vehicle operator’s license appropriate for the vehicle being driven. (2) All Franchisee employees shall wear clean clothing of a uniform type when engaged in collection operations under this Agreement.
(3) Each employee dealing with Customers, including without limit those engaged in collection or billing, shall at all times behave in a courteous manner. (4) Noncompliance with the employee items above are subject to the terms of Section 10, Failure to Perform and Remedies.

B. Hours of Collection
Franchisee shall not collect Solid Waste within a residential area or within a commercial area which is contiguous to a residential area between the hours of 10:00 P.M. and 5:00 A.M. the next day, or as stipulated in local noise ordinances.
/ / /
/ / /
6 C. Office for Inquiries and Complaints
Franchisee shall maintain an office at some fixed place and keep regular business hours and shall maintain a locally listed telephone number to address inquiries and complaints. Such listing shall be in the Franchisee’s name or in the fictitious business name under which Franchisee provides Solid Waste Handling services to the City. This Section shall not require the Franchisee to maintain an office which is different than or separate from the office for inquiries and complaints maintained by Franchisee. If the City receives any customer inquiries and complaints, City will log same and transmit any service requests or complaints to Franchisee electronically or via other mutually agreed upon method
D. Records and Reports
Franchisee shall prepare, maintain and provide to the City such records and reports as required in this Agreement, as well as records related to services in this agreement required under any other applicable law.

E. Requested Service
Franchisee shall provide Solid Waste Handling services to all Customers within its approved Franchise Area who request such service, except when denial or discontinuance of service is specifically authorized by this Agreement. Such service shall commence within seven (7) working (waste collection) days of the Customer's request.

F. Collection Frequency
For health and safety purposes, minimum collection frequency for all Solid Waste Handling Customers shall be once per week, in accordance with Section 17331 of Title 14, California Code of Regulations. Franchisee shall correct any missed collection of a Customer's Solid Waste within two (2) working (waste collection) days of notice thereof unless the next regular collection of such waste is scheduled to occur within three (3) working (waste collection) days of such notice.

G. Containers
Containers shall be replaced in its proper place in a neat and orderly manner; any litter spilled from a container by Franchisee's employees while emptying a container shall be cleaned up by Franchisee’s employees.

H. Noise
In addition to any requirement Franchisee is subject to under applicable law, Franchisee shall not create any noise in excess of what is reasonable and necessary in providing Solid Waste Handling services to its Customers. Further, Franchisee shall actively evaluate and strive to implement noise reduction measures on an ongoing basis, consistent with common industry practice and standards applicable in similar circumstances.

I. Collection Equipment
Franchisee shall provide an adequate number of vehicles and equipment to provide the Solid Waste Handling services required under its Franchise Agreement. No vehicle shall be used for the collection and transportation of Solid Waste prior to such initial and/or periodic inspection and 7 approval by the Department of Public Health, Division of Environmental Health Services to the extent required under the Franchisee's applicable Health and Safety Permit.

All motor vehicles used by Franchisee under its Franchise Agreement shall be registered with the Department of Motor Vehicles of the State of California, shall be kept clean and in good repair, and shall be uniformly painted. In addition, vehicles must be in compliance with the California Air Resources Board requirements and any other applicable state or federal laws and/or regulations pertaining to the operation of Solid Waste handling equipment.

J. Privacy
Franchisee shall strictly observe and protect the rights of privacy of its Customers. Information identifying individual Customers or the composition or contents of a Customer's waste stream shall not be revealed to any Person, governmental unit, private agency, or company, unless as part of a legitimate inquiry by a governmental unit, or as authorized by a court of law or by statute, or upon written authorization of the Customer. This provision shall not be construed to preclude Franchisee from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by AB 939, SB 1383, or the City, provided that no such analysis shall identify any person or connect any person to any particular waste. In addition, Franchisee shall not market, sell, convey, or donate to any Person any list with the name or address of Customers except that Franchisee may provide such lists to authorized employees and authorized representatives of the City as necessary to comply with this Franchise Agreement. Franchisee shall, at all times and consistent with prevailing industry standards, utilize encryption or other security measures reasonably calculated to protect Customer information from unauthorized disclosure.

K. Customer Complaints
Franchisee shall respond to customer complaints whether received directly from customers or by customer through City. Franchisee shall designate a government Liaison Person responsible for working with the City to resolve Customer complaints. The name of the Liaison Person and a 24 hour availability telephone number shall be provided to the City Manager. Customer complaints shall be resolved in accordance with Section 10(B) herein, “Resolution of Customer Complaints.” L. Property Damage
(1) Any physical damage caused by the act or omissions of employees, officers, or agents of the Franchisee to private or public property resulting from operations under this Agreement shall be promptly repaired or replaced by Franchisee at Franchisee's sole expense. (2) With respect to driving surfaces, Franchisee shall be responsible for damage (excluding normal wear and tear), whether or not paved, resulting from the weight of vehicles providing Solid Waste Handling services on public or private property when it can be demonstrated that such damage is the result of vehicles exceeding speed limits or maximum weight limits set by the State of California or by other negligent operation of vehicles by Franchisee's employees.
/ / /
/ / /
8 M. Gratuities
Franchisee shall not, nor shall it permit any officer, agent, or employee employed by it, to request, solicit or demand, either directly or indirectly, any gratuity for services authorized or required under its Agreement.

N. Laws and Licenses
Franchisee shall comply with all federal, state, and City, County or local laws, ordinances, rules, and regulations applicable, from time to time and as amended, to the performance of the Solid Waste Handling services provided under this Franchise Agreement and shall obtain and maintain in full force and effect all licenses and permits necessary to perform such services throughout the term of this Franchise Agreement.

O. Services During Strikes, Lockouts or Other Labor Disturbances In the event of labor strikes, lockouts, or other labor disturbances, Franchisee and City agree to cooperate fully in developing and implementing contingency plans for the continued collection and handling of Solid Waste in order to safeguard public health and avert imminent and substantial threats to public health and safety. Without limitation, these cooperation efforts may include prioritizing the collection of Solid Waste from certain businesses in order to control the accumulation of Solid Waste that may lead to more immediate threats to public health such as putrescible waste, sewage sludge, and manure or other animal waste.

SECTION 7 - OWNERSHIP OF SOLID WASTE INCLUDING RECYCLABLE

MATERIALS
Except as otherwise provided in state law, ownership of Solid Waste shall transfer to Franchisee at such time as the Solid Waste is discarded by the Solid Waste Handling service Customer. City makes no claim of ownership to the discarded solid waste.

SECTION 8 - WASTE DELIVERY DESIGNATION
City reserves the right to designate the disposal facility or facilities to which Franchisee shall deliver Solid Waste generated within City and collected by Franchisee pursuant to this Agreement. This designation, when made, shall be subject to the following:
(1) Solid Waste that Franchisee determines to be suitable for Processing or green composting may be delivered by Franchisee to a Materials Recovery Facility or Designated Source Separated Organic Waste Facility selected by Franchisee, and only the Residual Solid Waste resulting from Processing will be subject to the waste delivery designation. (2) If the City Manager or his/her designee directs Franchisee to deliver residual Solid Waste collected pursuant to this Agreement to a Solid Waste Facility that is different from the facility Franchisee is then using for the disposal of such waste, or in amounts that are different than the amount that Franchisee is currently delivering to that facility, and this direction results in increased operating costs to the Franchisee, Franchisee shall be 9 entitled to a corresponding Fee adjustment to fully compensate Franchisee for the increased costs.

SECTION 9 - INDEMNIFICATION AND INSURANCE, AND PERFORMANCE BOND A. Indemnification of City
Franchisee 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 Franchisee’s performance of its obligations under this agreement or out of the operations conducted by Franchisee, 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 Franchisee’s performance of this agreement, the Franchisee 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.

Hazardous Waste Indemnification
Without limiting the generality of the foregoing, if Franchisee is alleged to have, or determined to have, or not disputed allegations that it has negligently or willfully acted or failed to act with respect to the collection, handling or transportation of Hazardous Waste, Franchisee shall indemnify, defend with counsel chosen by City, protect and hold harmless the City and its respective elected officials, officers, employees, contractors, consultants, attorneys, agents, volunteers, assigns, and any successor or successors harmless from and against all claims, actual damages (including, but not limited to, special and consequential damages), natural resources damage, punitive damages, injuries, costs, response remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, and expenses (including, but not limited to, attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its respective officers, employees, agents, or Franchisees arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Waste as to which Franchisee has negligently or willfully acted or failed to act with respect to its collection, handling or transportation at any place where Franchisee stores, handles, transports or disposes of Solid Waste pursuant to this Franchise Agreement. The foregoing indemnity does not extend to liability arising from de minimis amounts of household hazardous waste that Customers may place in solid waste receptacles, and excludes liability arising from City’s decision to exercise its waste delivery designation rights under Section 8 of this Agreement.

The foregoing indemnity is intended to operate and shall operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, "CERCLA", 42 U.S.C. Section 9607(e) and California Health and Safety Code Section 25364, to insure, protect, indemnify, and hold the City harmless from liability. This Section 9B shall survive the termination, lapse or any change in the relationship of the Parties hereto.

B. Insurance Requirements
Without limiting Franchisee’s indemnification of City, and prior to commencement of Work, Franchisee shall obtain, provide, and continuously maintain at its own expense during the term of 10 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.
(1) Minimum Scope and Limits of Insurance: Franchisee shall maintain limits no less than:
i. $5,000,000 General Liability (including operations, products and completed operations) per occurrence, $10,000,000 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 forms CG 20 10 to provide that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
ii. $5,000,000 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 Franchisee 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.
iii.Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Franchisee shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, it’s officers, agents, employees, and volunteers.
iv. $5,000,000 Franchisee’s Pollution Liability per claim. All activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. (2) Maintenance of Coverage: Franchisee 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 Franchisee, his agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.
(3) Proof of Insurance: Franchisee shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time. (4) 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 11 Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.
(5) 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 Franchisee, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Franchisee 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. (6) Enforcement of Contract Provisions (non estoppel): Franchisee acknowledges and agrees that any actual or alleged failure on the part of the City to inform Franchisee of noncompliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder.
(7) Specifications not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Franchisee maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Franchisee.
(8) Notice of Cancellation: Franchisee 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.
(9) 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.
(10) Timely Notice of Claims: Franchisee shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Franchisee’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(11) Additional Insurance: Franchisee 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.

C. Performance Bonds or Other Security
Franchisee shall furnish to the City without additional charge a corporate surety bond, a letter of credit or other security device acceptable to the City in City’s sole discretion, as security for performance under this Franchise Agreement (collectively "Security"). The amount of the Security shall be the lesser of one month's expected Gross Receipts Less Disposal Charge, or Four 12 Hundred Thousand Dollars ($400,000.00). Adequate proof of the existence of the Security shall be provided (e.g., a certificate from the surety showing that the bond premiums have been paid in full shall accompany the bond and each renewal thereof). The surety on the bond, the bank on which the letter of credit is drawn and the surety for any other Security device shall be a company acceptable to the City and shall be authorized to do business in the State of California.

D. Modification
The requirements of this Section 9 may be modified or waived in writing by the City upon the request of Franchisee, provided the City reasonably determines such modification or waiver is in the best interest of City and of the public welfare, considering all relevant factors, including acceptable financial guarantees provided by Franchisee or by a parent company of Franchisee.

SECTION 10 - FAILURE TO PERFORM AND REMEDIES
The rights of the Franchisee and City upon the failure of either to perform as required under this Agreement shall be as provided below:

A. Administration, Enforcement and Remedies
(1) If the City Manager determines at any time that the Franchisee’s performance of the Solid Waste Handling services authorized/required in this Franchise Agreement, are not in conformity with the provisions of the Franchise Agreement, or applicable federal, state, or local law or regulation, including but not limited to the laws governing collection, transfer, storage and/or disposal of Solid Waste, the City Manager will notify Franchisee in writing of such deficiencies ("Notice of Deficiency").

The Notice of Deficiency may provide a reasonable time within which correction of all noted deficiencies is to be made. Unless a shorter or longer period of time is specified in the notice of deficiency sent by the City Manager, a reasonable time for correction shall be thirty (30) consecutive calendar days from the receipt by the Franchisee of such written notice. If the Franchisee cannot reasonably correct or remedy a noted deficiency within the time specified in the Notice of Deficiency, Franchisee shall notify City immediately to seek a reasonable period for correction. If Franchisee immediately commences to correct or remedy such deficiency within the time set forth in the Notice of Deficiency or the alternative period approved by City and diligently pursues such correction or remedy thereafter Franchisee shall not be deemed to have failed to correct or remedy the Notice of Deficiency. The Parties agree that while uncured defaults of material provisions of the Agreement which present an imminent and substantial threat to public health and safety should result in termination of the Agreement, minor defaults should be the subject of liquidated damages as set forth herein. For purposes of this section, assessment of liquidated damages in total of more than $10,000.00 in any twelve (12) month period shall be deemed a material breach.
(2) The City Manager shall review the Franchisee’s response to the Notice of Deficiency. If the City Manager determines that the Franchisee has not cured the deficiency or if there is no cure period provided in the Notice of Deficiency given the nature of the deficiency, the City Manager shall either:
i. Refer the matter directly to the City Council for decision pursuant to subsection (3) of this Section 10–A; or
13 ii. Decide the matter and notify the Franchisee of that decision, in writing.  The decision of the City Manager may be to terminate the Franchise Agreement or may be to impose some lesser sanction;
 The decision of the City Manager shall be final and binding on Franchisee unless the Franchisee files a "Notice of Appeal" with the City Manager within thirty (30) days of receipt of the City Manager’s decision. The Notice of Appeal shall be in writing, shall contain a detailed and precise statement of the basis for the appeal.
 Within fourteen (14) working days of receipt of a Notice of Appeal, the City Manager shall refer the appeal to the City Council for proceedings in accordance with subsection (3) of this Section 10–A.
(3) Should the City Manager refer the Notice of Deficiency to the City Council in the first instance or if the matter reaches the City Council pursuant to a Notice of Appeal, the City shall set the matter for hearing.
i. If the City Council sets the matter for public hearing:
 The City shall give Franchisee, and any interested person requesting the same, ten (10) days written notice of the time and place of the hearing. At the hearing, the City shall consider the report of the City Manager indicating the deficiencies, and shall give the Franchisee or its representatives and any other interested person a reasonable opportunity to be heard.  Based on the evidence presented at the public hearing, the City Council shall decide the appropriate action to be taken. If, based upon the record, the City determines that as noted in the Notice of Deficiency the Franchisee’s performance of the Solid Waste Handling services authorized/required in this Franchise Agreement, are not in conformity with the provisions of the Franchise Agreement, or constitute a material violation of applicable federal, state, or local law or regulation, including but not limited to the laws governing collection, transfer, storage and/or disposal of Solid Waste, then the City may terminate this Franchise Agreement forthwith if it determines that an imminent and substantial threat to public health and safety has been created as a result of Franchisees’ deficiency, or in the case of any other uncorrected breach, it may impose such lesser sanction or sanctions not involving termination as it deems reasonably appropriate. The decision of the City Council shall be final and conclusive.
(4) Franchisee’s performance under this Franchise Agreement is not excused during the period of time prior to the City Manager's or the City Council’s final determination, as the case may be, regarding the validity of, and appropriate response to, the deficiencies noted in the Notice of Deficiency.
(5) In the event Franchisee (i) has received a Notice of Deficiency and fails to perform Solid Waste Handling services; or (ii) has had its Franchise Agreement terminated; the City, reserves the right, in addition to all other rights available to the City, to take any one or combination of the following actions:
14 i. To rent or lease from Franchisee, at its respective fair and reasonable rental value, all or any part of the Franchisee's equipment (including collection containers utilized by Customers and office equipment and billing programs), utilized by Franchisee in providing the Solid Waste Handling services required under this Franchise Agreement. The City may rent or lease such equipment for a period not to exceed six (6) months, for the purpose of performing the Solid Waste Handling services, or any part thereof, which Franchisee is (or was), obligated to provide pursuant to its Franchise Agreement. The City may use said rented equipment to directly perform such Solid Waste Handling service or to assign it to some other Franchisee or Person to act on the City’s behalf.

Franchisee shall be held responsible for the costs to insure the City or its assignee from all liability resulting from the operation of Franchisee’s equipment.

In the case of equipment not owned by Franchisee, Franchisee shall assign to the City, to the extent Franchisee is permitted to do so under the instruments pursuant to which Franchisee possesses and uses such equipment, the right to possess and use the equipment.
ii. As used in this subsection, "reasonable rental value" means the rate for such equipment as listed in the State Division of Transportation publication, "Labor Surcharge and Equipment Rental Rates," in effect at the time the City leases the equipment. If a particular piece of equipment is not listed in said publication or if said publication is not current, the reasonable rental value may be established by the City Manager by any equitable alternative method. iii. If the City exercises its rights under this subsection, the City shall pay or owe Franchisee the reasonable rental value of the equipment so taken for the period of the City’s possession thereof. The City may offset any amounts due to Franchisee pursuant to this provision against any amounts due the City from Franchisee.
iv. All revenues owed by Customers which are attributable to services performed by or at the direction of the City during City's assumption of Franchisee's Solid Waste Handling duties shall be billed by and paid to the City. To the extent Franchisee receives such revenue after City's assumption of Franchisee's Solid Waste Handling duties, Franchisee shall pay such revenue to City promptly after receipt thereof (or promptly after City has performed the services related to such revenue, if the revenue was received by the Franchisee prior to the City's assumption of duties) and Franchisee shall be deemed to have assigned to City all of Franchisee's right and interest to any such revenues. (6) The City rights set forth in this Section 10–A are in addition to, and not in limitation of, any other powers or rights available to the City upon failure of Franchisee to perform its obligations under this Franchise Agreement. Further, by entering into this Franchise Agreement Franchisee acknowledges, admits and agrees, for use as evidence in any proceeding of any nature, and from time to time, that its material violation of any terms of this Franchise Agreement shall cause the City to suffer irreparable injury and damages sufficient to support injunctive relief to enforce the provisions of the Franchise Agreement, and to enjoin the breach thereof. Franchisee hereby agrees that the City may deem the foregoing a stipulation, for any purpose or proceeding. / / /
15 B. Resolution of Customer Complaints
Procedures for resolution of complaints and other disputes shall be as follows:
(1) Franchisee agrees to use its best efforts to resolve all complaints received by close of business of the second working (waste collection) day following the date on which such complaint is received. (See Office of Inquiries and Complaints section herein). Service complaints may be investigated by City Manager, as necessary to resolve. Franchisee shall provide reasonable cooperation in the event of such investigation. Franchisee shall maintain records listing the date of Customer complaint, the name, address and telephone number of Customer, the nature of the complaint or request, and the date when and nature of the action taken by the Franchisee to resolve the complaint. All such records shall be maintained for at least three (3) years after Franchisee's receipt of the complaint or inquiry and shall be available for inspection by City during all business hours. Service complaints shall be responsibility of Franchisee whether received by City and forwarded to Franchisee, or received directly by Franchisee.
(2) If the Franchisee fails to cure a complaint, the City Manager shall review the complaint and determine if further action is warranted. The City Manager may request written statements from the Franchisee and Customer, or oral presentations or both written and oral presentations.
(3) The City Manager shall determine if the Customer's complaint is justified, and if so, what remedy, if any, shall be applied. The remedy provided to the Customer under this Section shall be limited to a refund of Customer charges related to the period of violation of any of the terms of Division 6 of Title 4 of the Code or of the breach of any term of this Franchise Agreement. In addition to any other remedy of City contained in this Agreement, City may impose upon Franchisee liquidated damages of up to one hundred dollars ($100.00) payable to the City for any single event or series of related events, or actual damages as demonstrated during the resolution procedure.
(4) The City Manager may delegate the duties under this Section to a designee. The decision of the City Manager or a designee shall be final on any matter of five hundred dollars ($500.00) or less. In the event of a decision on a matter awarding more than five hundred dollars ($500.00), Franchisee may seek review pursuant to the Notice of Appeal procedure contained in Section 10–A of this Agreement.

SECTION 11 - FRANCHISE TRANSFER
The rights of the Franchisee in regard to the transferability of its Franchise shall be as set forth below:
(1) Neither this Franchise Agreement nor any right or privilege granted in this Agreement shall voluntarily or involuntarily be transferred, sold, hypothecated, sublet, assigned or leased, in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest, or property therein (all collectively referred to herein as "transfer" ), pass to or vest in any Person, except the Franchisee, either by act of the Franchisee or by operation of law, without the prior written consent of the City. Any attempt by Franchisee, or by operation of law, to transfer this Franchise Agreement without the prior written consent of the City shall be void and deemed a material breach of this Agreement. 16 (2) This Franchise Agreement shall terminate on any Change in Ownership of Franchisee, unless such Change in Ownership has been consented to, in writing, by the City prior to the effective date of such Change in Ownership.
(3) The City shall review a request by Franchisee that the City approve a transfer of all or part of Franchisee's interest in this Franchise Agreement, or that the City consent to a Change in Ownership of Franchisee, using such criteria as it deems necessary including, but not limited to, those listed below. The City shall not unreasonably withhold its consent to the transfer of this Franchise Agreement or to any Change in Ownership of Franchisee.

If the Franchisee requests that the City consider and consent to a transfer or a Change in Ownership of Franchisee, the Franchisee or the proposed transferee, as applicable, shall at a minimum meet each of the following requirements:
i. The Franchisee shall pay the City a maximum of $50,000.00 for incurred attorney's fees and related administrative and investigation costs necessary to determine the suitability of any proposed transferee or proposed new owners, and to review and finalize any documentation required by City, in its sole and absolute discretion to determine what form of documentation will be used in terms of effecting a proper transfer, as a condition for approving any such transfer or Change in Ownership.
ii. The Franchisee shall furnish the City with independently audited financial statements of the proposed transferee's operations for the immediately preceding three (3) operating years.
iii. The Franchisee shall furnish the City with proof satisfactory to City, in its sole and absolute discretion:
 that the proposed transferee or the proposed management of the Franchisee under the proposed new owner has at least three (3) years of solid waste management experience of a scale equal to or exceeding the scale of operations conducted by Franchisee under this Agreement;  that in the last five (5) years, the proposed transferee or any company managed by the proposed new owner (or by the proposed management of the Franchisee under the proposed new owner) has not received any citations, Notice of Violations or other censure from any federal, state or local agency having jurisdiction over its waste management operations due to any failure to comply with state, federal or local waste management laws, where such failure either: (i) evidences a pattern of disregard for such state, federal or local waste management laws; or (ii) involves actions which endangered the lives or property of any Person.

Franchisee shall supply the City with a complete list of such citations, Notices of Violations and censures, if any;
 that the proposed transferee or any company managed by the proposed new owner (or by the proposed management of the Franchisee under the proposed new owner) has at all times conducted its operations in an environmentally safe and conscientious fashion;
17  that the proposed transferee or any company managed by the proposed new owner (or by the proposed management of the Franchisee under the proposed new owner) conducts its solid waste management operations in accordance with sound waste management standards and practices and in full compliance with all federal, state and local laws regulating the collection and disposal of waste;
 of the adequate financial strength of proposed transferee or of the Franchisee under the proposed new ownership; and
 of the ability of the proposed transferee or of the Franchisee under the proposed new ownership to obtain and maintain required insurance and bonds.

SECTION 12 - REPORTS
Franchisee shall provide the City Manager with such reports and information and make its records available for review as provided below:

A. General
(1) Franchisee shall keep, and, maintain, and furnish copies of such operating records and reports as may be requested by City to ascertain compliance with this Agreement and to support requests for a Fee adjustment. City and Franchisee agree that Franchisee’s proprietary information, including trade secrets, whether or not designated as such by Franchisee may be confidential under the California Public Records Act. (2) All information required to be kept, maintained or furnished to the City shall be maintained a minimum of five (5) years after the entry of the most recent item therein.

B. Reporting Requirements
During the term of this Franchise Agreement, Franchisee shall submit to the City quarterly, and more often if required by law, information reasonably required by City to meet its reporting obligations imposed by AB 939 and AB 901, as amended, and the regulations implementing each, in a manner acceptable to City. Franchisee agrees to submit such reports and information as reasonably requested by the City. Franchisee agrees to render all reasonable cooperation and assistance to the City in meeting the requirements of the City’s source reduction and recycling element and non-disposal facility element.

C. Annual and Quarterly Reports
(1) Franchisee shall assist City in preparation of all Annual and Quarterly reporting required by CalRecycle, or successor agency, in accordance with this Agreement. (2) Quarterly reports shall be submitted forty-five (45) days following the end of each calendar quarter. The quarterly reports shall include:
18 i. Amount (in tons) and type of material collected.
ii. Amount and types of material deposited in the Solid Waste Facility. iii. Amount and types of material recycled, processed or diverted. iv. Summary assessment of services, and identification of impediments to meeting service requirements.
v. An annual presentation will be made to the Madera City Council upon an agreed date that is acceptable to both parties.

SECTION 13 - COMPENSATION
A. Compensation and Billing
Each party shall provide/maintain accurate and complete accounting and billing. Either party may request and be entitled to review the other party’s accounting and billing related to this Agreement.
(1) Billing and Payment. All requests for service, or for changes in service, shall be processed by City and promptly reported to Franchisee. City shall provide billing services to all residential, commercial and industrial customers who receive service pursuant to this Agreement, except that Drop Box services will be billed and collected by Franchisee.

On a monthly basis, City shall remit to Franchisee the full amount for services provided based on the Fees set forth on EXHIBIT D. The monthly compensation payment to Franchisee shall be paid by City within thirty (30) days of the end of the applicable billing cycle.

Each party’s accounting and billing shall be accurate and complete. Either party may request and be entitled to review the other party’s accounting and billing related to this Agreement.
(2) Franchisee’s Fees. Franchisee shall provide solid waste handling and collection services pursuant to this Agreement at the Fees set forth in the attached EXHIBIT D, the contents of which are incorporated by this reference. The Franchise Fee shall equal

25.5% of the Residential three standard container Fee and 20% of all other Fees in EXHIBIT D, except for contamination Fees. The City may deduct the Franchise Fee from the monthly payment to Franchisee. The EXHIBIT D Fees will apply at the inception of this Agreement, and are subject to adjustment as set forth elsewhere herein.

If no Fee has been established for a particular service billed by City, Franchisee and City shall mutually agree on an appropriate charge for that service or service level. If no Rate has been established for a service billed directly by Franchisee, then Franchisee shall determine with Customer the appropriate charge, subject to City approval. Franchisee shall promptly notify City of any new Rates to be billed by Franchisee. 19 The EXHIBIT D Fees are inclusive of all Solid Waste handling services to be provided, including collection, transportation, processing, composting, disposal, and cart and bin costs, and costs associated with moving bins from standard enclosures such distance as is reasonably necessary to empty them (but not including costs associated with moving bins beyond such distance in unusual circumstances or due to special requests by customers). No other charges shall be imposed by Franchisee for such services unless approved by City.

B. Adjustment to Fees
Franchisee understands and agrees that any adjustment of the Rates is contingent on City’s use of such Proposition 218 process as deemed necessary or advisable by the City. If, at any time, a Fee adjustment cannot be implemented for any reason, Franchisee and City shall negotiate in good faith, a reduction of services or Franchise Fee equal to the value of the Rate adjustment that cannot be implemented. If City and Franchisee are unable to reach agreement about such a reduction in services, then Franchisee may terminate this Agreement upon one year’s prior written notice to City.

The following annual and special rate adjustments shall be made to the Fees provided for in this Franchise Agreement.
(1) Annual Cost of Living Adjustment (COLA)
The Fees for years 1 through 5 of the Agreement are shown in EXHIBIT D and include an annual cost-of-living-adjustment.

Beginning July 1, 2027, and each July 1 thereafter, the Fee shall be annually adjusted upwards by adding a cost-of-living adjustment (COLA) to the then current Fee. The COLA shall be based on the change in the annual Consumer Price Index (CPI).

An example of the CPI adjustment for July 1, 2021 is shown below:

Annual CPI-U 2019: 295.004
Annual CPI-U 2020: 300.084
Change: 5.080
% Increase: 1.72% (5.080 ÷ 295.004)
(2) Solid Waste Facility Fee Adjustment
If an increase in the Solid Waste Facility Fee charged to the Franchisee is greater than the COLA in any given year, an adjustment shall be applied to the Fees based on the Disposal Component and shall be effective as of the date of the change of the Solid Waste Facility Fee.

As an example:
2021 fee $27.64 per Ton
2020 fee -26.00 per Ton
Increase $1.64 per Ton
20 Increase, expressed as a percentage:
$1.64 / $26.00 = 6.31%
Amount of Increase greater than COLA
Annual COLA = 1.72%

6.31% - 1.72% = 4.59%
The increase applied to the Fees based on the Disposal Component:

4.59% x 20.0% = 0.92%
(3) Extraordinary Adjustment
The parties acknowledge that there may be infrequent extraordinary events which, although they do not prevent either party from performing, and thus do not implicate the Force Majeure provisions hereof, nevertheless increase the cost of providing service such that Franchisee’s compensation and the Fee adjustment mechanism provided in this Agreement result in Franchisee’s suffering losses which are substantially outside the commercially reasonable expectations of the parties. The obligation of the parties in such event is to act reasonably toward each other in arriving at an appropriate adjustment in Fees. Accordingly, at its option, Franchisee may apply to the City at any time, but not more frequently than once annually, for an extraordinary Fee adjustment should an event or circumstance arise (including a change in landfill tipping fee) that is not the result of a Change in Law or Change in Service Level which negatively impacts the economic operation of Franchisee and which is in excess of the Fee adjustment resulting from the application of the annual adjustment formula set for in subparagraph (a) above. An interim adjustment in Fees will be deemed justified if it is necessary for the Franchisee to make a substantial change in its operations, or substantial capital expenditure or investment in order to perform its obligations under this Agreement due to the occurrence of an event or circumstance other than a Change in Law or Change in Service Level which is beyond the reasonable control of Franchisee. In the event of such an application for an extraordinary Fee increase, it is understood that the Franchisee shall have the burden of demonstrating to the reasonable satisfaction of City the basis for the extraordinary increased cost. (4) Franchise Fee Adjustment
The Franchise Fee adjustment shall be the pass through of one hundred percent (100%) of any increase or decrease in the Franchise Fee, and shall be effective as of the date the Franchise Fee increase or decrease is payable by the Franchisee. (5) Change in Scope Level Adjustment
i. The Fee shall be increased (or decreased) by one hundred percent (100%) of the increase (or decrease) or incremental increase (or incremental decrease), as the case may be, in the demonstrable costs (i.e., on any direct or indirect cost, whether fixed or variable) associated with the change in the level of the Solid 21 Waste Handling services which may be required of, or agreed to by, Franchisee.

City shall provide Franchisee ninety (90) days’ notice of any requested changes in scope of this agreement. A Change in Scope Adjustment shall be effective on and after the actual date of the requirement to or agreement to change operations which results from the change in service, but, absent the consent of the Manager, not sooner than the effective date of the change in service. In no event shall any Change in Scope Adjustment be effective prior to the City's approval of an amendment to the Franchise Agreement.
ii. In the event that the City Manager and the Franchisee claiming to be affected by the change in scope cannot agree on either the existence, or the effect on demonstrable costs, of a change in service level, the dispute resolution provisions of Section 13–C (1) shall apply.
(6) Change in Law Adjustments
i. The Fee shall be increased (or decreased) by one hundred percent (100%) of the increase (or decrease) or incremental increase (or incremental decrease), as the case may be, in the demonstrable costs (i.e., on any direct or indirect cost, whether fixed or variable) associated with the change in the manner or nature of conducting Solid Waste Handling services necessitated by a Change in Law. A Change in Law Adjustment shall be effective on and after the actual date of the change in operations which resulted from the Change in Law, but, absent the consent of the Manager, not sooner than the effective date of the Change in Law.

In no event shall any Change in Law Adjustment be effective prior to the City's approval of an amendment to the Franchise Agreement.
ii. In the event that the City Manager and the Franchisee claiming to be affected by the Change in Law cannot agree on either the existence, or the effect on demonstrable costs, of a Change in Law, the dispute resolution provisions of Section 13–C (1) shall apply.

C. Dispute Resolution Regarding Adjustment to Fees
(1) Any dispute regarding any Change in Service Level Adjustment or Change in Law Adjustment provided for in 13 above, which cannot be resolved between the Franchisee and City within thirty (30) days of the receipt by City of such documents as City may reasonably request, shall be submitted to a mutually agreed upon expert in the subject matter area of the dispute to resolve the dispute as to either or both: (i) the existence of a Change in Service Level or a Change in Law; and/or (ii) the effect on the Franchisee's demonstrable costs of a Change in Service Level or a Change in Law.

The decision of the expert shall be binding on the Franchisee and the City. The cost of the expert shall be borne equally by the Franchisee and the City and the Parties shall pay the expert(s) each party’s respective share on demand by the expert(s). If the Franchisee and City cannot mutually agree upon an expert, either may petition the Superior Court of the County of Fresno to have an expert chosen by the court. The City and Franchisee shall each have the right to suggest one expert to the court; the court shall choose one of the suggested experts.
22 (2) Any dispute regarding the current Fee schedule or Fee adjustments (except those disputes related to a Change in Service Level Adjustment or Change in Law Adjustment) shall be decided by the City Manager within ten (10) working days after receipt of a written statement from the Franchisee of the nature and basis of the dispute with a request that it be resolved by the City Manager. Franchisee shall have the right to appeal the Manager’s decision in writing to the City Council within thirty (30) days after the City Manager has given the Franchisee written notice of the decision. Such appeal shall conform to the appeal provisions set forth in Section 10–A of this Agreement in respect to the form of the Notice of Appeal, the time limits for processing the appeal, and the amount of fees, if any, connected therewith. The City may consider the appeal or refer said appeal to a hearing officer as provided in Section 10–A of this Agreement.
(3) The most recent Fees approved by the City Manager in effect at the time a dispute is submitted to either the expert or City Manager, as the case may be, shall remain in effect pending resolution of such dispute. The effective date of any dispute resolution, whether retroactive or prospective, shall be determined by the expert, the City Manager, the City or a hearing officer, as appropriate.

D. Discontinuance of Service
Franchisee may discontinue service for non-payment of Customer’s billing (when directed by City for accounts billed by City, or in the event of non-payment by a Customer billed by Franchisee), or Customer’s failure to substantially comply with the requirements of the applicable provisions of state or local law which govern use, storage and collection of Solid Waste in accordance with this Agreement.

SECTION 14 - FORCE MAJEURE
Franchisee shall not be in default under this Agreement in the event that the services provided by the Franchisee are temporarily interrupted or discontinued for any of the following reasons: riots, wars, sabotage, acts of terrorism, civil disturbances, insurrection, explosion, pandemics, quarantines, acts of God, acts of government or governmental restraint, and natural disasters such as floods, earthquakes, landslides, and fires, severe weather or other catastrophic events which are beyond the reasonable control of Franchisee and which Franchisee could not reasonably be expected to have prevented or controlled. Catastrophic events do not include the financial inability of the Franchisee to perform or failure of the Franchisee to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Franchisee.

SECTION 15 - OTHER PROVISIONS
A. Independent Contractor
Franchisee shall perform this Agreement as an independent contractor and not as an officer, agent, servant, employee, or volunteer of City. Franchisee is solely responsible for the acts and omissions of its officers, agents, and employees, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Franchisee or a contractual relationship between City and Franchisee’s employees.. Neither Franchisee nor its officers, 23 agents, or employees shall obtain any rights to retirement or other benefits which accrue to City employees. Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Franchisee or its agents or employees perform the services under this Agreement.

B. Right to Pass
Franchisee shall have the right to enter or drive on any private street, court, place, easement, or other private property for the purpose of providing Solid Waste Handling services pursuant to its Franchise Agreement, so long as it is not in receipt of a written notice revoking permission to pass.

Franchisee shall have no rights greater than those then held by City.

C. Compliance with Municipal Code
Franchisee shall comply with provisions of the Municipal Code that are applicable to operations hereunder, and with any and all amendments, from time to time, to such provisions during the Term of this Agreement.

D. Notices
Any notice, information, request or reply ("Notice") required or permitted to be given under the provisions of this Agreement shall be in writing and shall be given or served personally, by mail, or by email. If given or served by mail, such Notice shall be deemed sufficiently given if: (1) (i) deposited in the United States mail, certified mail, return receipt requested, postage prepaid, or (ii) sent by overnight service provided proof of service is available; and (2) addressed to (i) the Franchisee at its most recent address of record with City or (ii) to the Manager at the then-current address of City, as the case may be. If given by email, such Notice shall be deemed sufficiently given if the receiving party confirms receipt. The addresses of the parties at the time of signing this Agreement are:

To City: Attn: City Manager
City of Madera
205 W 4th Street
Madera, CA 93637
To Franchisee: Attn: Contract Administrator
Mid-Valley Disposal, LLC
15300 West Jensen Avenue
Kerman, CA 93630
Either party may from time to time designate by Notice to the other given in accordance with this Section. Notice shall be deemed effective on the date personally served or, if mailed, three (3) business days from the date such notice is deposited in the United States mail, or if by facsimile transmission, upon receipt of confirmation of delivery which confirmation may be transmitted by the same means. Service by facsimile transmission shall not be effective unless the original of the document being served is deposited in the United States mail, postage prepaid, within twenty-four (24) hours after the facsimile transmission has been confirmed. Emails shall be deemed effective upon confirmation of receipt.
/ / /
24 E. Exhibits Incorporated
Exhibits A through D are attached to and incorporated in this Agreement by this reference as if fully set forth.

F. Laws and Licenses
City and Franchisee shall, at their own separate costs, comply with all federal, State, and City laws, ordinances, rules, and regulations applicable to the performance of the services hereunder and Franchisee shall obtain and maintain in full force and effect throughout the term of this Agreement all licenses and permits necessary to perform the services hereunder.

G. Governing Law
This Agreement shall be governed by the laws of the State of California, with venue in the Superior Court of the County of Madera or the Federal District Court with jurisdiction over City.

H. Waiver
No waiver by either party of any one or more defaults or breaches by the other party in the performance of this Agreement shall operate or be construed as a waiver of any already established or future defaults or breaches, whether of a like or different character or degree.

I. Counterpart Signatures
This Agreement may be executed in counterpart pages (counterparts), each of which shall be deemed an original and all of which shall constitute one and the same instrument, and shall become fully executed when counterparts have been signed by each of the Parties and delivered to the other Parties; it being understood that all Parties need not sign the same signature pages of this Agreement. The exchange of copies of this Agreement and of signature pages by electronic mail in “portable document format” (“.pdf”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by combination of such means, shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted electronically shall be deemed to be their original signatures for all purposes.

SECTION 16 - SEVERABILITY
If any non-material provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement.

SECTION 17 - ENTIRE AGREEMENT; AMENDMENT
This Agreement and its incorporated Exhibits constitute the entire agreement between the parties concerning the subject matter hereof and supersede any and all other communications, representations, proposals, understandings or agreements, either written or oral, between the parties hereto with respect to such subject matter. This Agreement may not be modified or 25 amended, in whole or in part, except by written agreement signed by both parties hereto.

Notwithstanding the forgoing, the parties acknowledge the provisions of “Chapter 6.20, Garbage and Rubbish Disposal” of the City Code as currently enacted are included herein and, further, that if and when such City Code provisions are amended, that the amended provisions shall apply to this Agreement, without any action being required of either party. The City Manager shall provide Notice to Franchisee upon changes to the City Code that require a change in this Agreement.

SECTION 18 - CONSTRUCTION OF FRANCHISE
The parties hereto have negotiated this franchise at arm's length and with advice of their respective attorneys, and no provision contained herein shall be construed against either party solely because it prepared the actual physical Agreement executed by the parties.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the date(s) set forth below.

CITY OF MADERA MID-VALLEY DISPOSAL, LLC
_______________________
Mayor Joseph Kalpakoff, President
Date: __________________ Date: __________________

APPROVED AS TO FORM
City Attorney Natalie Kalpakoff, Secretary
Date: __________________
ATTEST
Alicia Gonzales, City Clerk
26 EXHIBIT A - PROVIDED SERVICES
This Exhibit sets forth the level of services to be provided by Franchisee pursuant to its Franchise, and the manner of providing such services which are in addition to the manner of providing services specified in this Agreement.

Franchisee shall provide the Solid Waste Handling services in conformity with all provisions of this Agreement, including:

A. Single Family Residential
(1) Weekly 3 Cart Service - Unless otherwise required under applicable law or regulation, once per week Franchisee shall collect the Solid Waste (except bulky items and Hazardous Waste), which has been separated, placed, kept, or accumulated in containers at residential units within the Franchise Area and placed at curbside prior to Franchisee's normal weekly collection time. All Solid Waste must be placed within containers at curbside without obstructions so as to permit collection, unless otherwise agreed upon by City and Franchisee.

Franchisee shall supply containers, and shall require the use of specific containers as specified in this EXHIBIT “A.” Franchisee may provide special pickup procedures, above and beyond the services described above, with customers consistent with the Fees paid Franchisee in EXHIBIT “D.” Franchisee shall notify City immediately of any Changes in Service Level, and similarly, City shall notify Franchisee of any Changes in Service Level.

B. Commercial, Industrial, and Multi-Residential
(1) Multi-Residential Weekly Service - Unless otherwise required under applicable law or regulation, at least once per week Franchisee shall collect the Solid Waste (including bulky items which have been placed in a closed bin, and excepting metallic White Goods and Hazardous Waste) which have been placed, kept or accumulated for collection in Solid Waste Bins at MultiResidential Units. (2) Commercial and Industrial Weekly Service - Unless otherwise required under applicable law or regulation, at least once per week Franchisee shall collect the Solid Waste which have been placed, kept or accumulated for collection in Solid Waste Bins at commercial units.

C. Source Separated Materials – Contamination
Franchisee shall conduct contamination monitoring as defined in EXHIBIT B of this Agreement.

D. Construction and Demolition Waste Temporary Drop Box Services Franchisee shall provide construction and demolition debris removal, including temporary Drop Box services using Fees reflected in EXHIBIT D unless debris is generated by a declared emergency disaster such as floods, fires, earthquake or other such occurrence as deemed meeting the criteria of disaster debris. The City may provide for Rates and services solely for the timely and efficient removal of “disaster debris” with the Franchisee or other qualified public or private entity.
27 E. Holiday Collection Schedules
If a regular collection day falls on a holiday observed by the Solid Waste Disposal Facility, then the collection schedule for the week shall be adjusted so that regular collections occur on the following day for the remainder of the week. For example, when a holiday is observed on a Monday, the regular collections will occur Tuesday through Saturday, so that a customer’s collection occurs the day after their normal scheduled collection.

F. Special Collection Programs
The following minimum special collection programs shall apply to this Franchise Agreement:
(1) City Facilities: Franchisee shall provide front load commercial service to the City at no cost for the following City-owned facilities:
i. Public Works Yard
ii. Madera City Hall
(2) Franchisee shall participate in the annual community clean-up day by providing a Curbside Pick Up for each residential customer of items placed at curbside.

Franchisee will provide pickup of all items not deemed household hazardous waste, up to two cubic yards. This may include, but not be limited to, mattresses and other furniture, yard waste cut to pre-determined dimensions, general residential trash, and other bulky items that would typically require an individual to self-haul to the dump. The City will be responsible for mapping pick-up days with the Franchisee’s input and providing all notification and advertising for the event. Franchisee will provide to the City a map of proposed locations for centralized collection of items in roll-off bins for approval in advance of the event.
(3) Illegal Dumping: At Cities direction, Franchisee agrees to provide targeted clean-up of illegal dumping up to twenty (20) tons annually. (4) Battery and Sharps collection: Franchisee shall provide residential battery drop off bins at City Hall. Franchisee shall also provide up to four (4) Sharps collection kiosks at City designated locations.
(5) Christmas Trees: Franchisee shall collect and dispose of Christmas trees left at curbside by Customers during the three regular pickups following each Christmas day. If a tree is not cut to the appropriate length for disposal, Franchisee will tag the tree with a notification to the customer of why the tree was not removed from curbside.
(6) Senior and Handicapped Service: When a Customer produces evidence that he or she is at least 65 years of age or a medical practitioner’s statement showing that he/she is physically unable to place his/her solid waste bins at the curb for collection, together with his/her affidavit certifying that no able-bodied person under 65 years of age on the premises is available for such purposes, Franchisee will provide walk-in service to such premises. 28 (7) Provide free special event containers for City Sponsored Events. (8) Provide up to $5,000.00 per year in Scholarships to graduating seniors from the City. (9) Provide up to $10,000 per year in financial support for the 4th of July event.

G. Emergency Disaster Debris Removal Services
(1) In the event of a declared emergency disaster such as a fire, flood, earthquake, or other such occurrence as deemed meeting the criteria of a disaster in which debris is created, the Franchisee will be given the first right of refusal in its franchise area to offer temporary bin/roll off services using Fees reflected in EXHIBIT D, to transport debris to a staging area or disposal facility designated by the Manager.
(2) During any period of time that Franchisee is unable to service its franchise area during such declared emergency, either for loss of transportation, lack of assistance or an overabundance of debris material or other similar circumstances, the City reserves the right to contract with third-party entities for temporary bin/roll off services, including transportation of debris to a Solid Waste Facility. Franchisee shall notify City when it regains its ability to recommence service in its franchise area and City will, within a reasonable time period, terminate any contract with third-party entities for the same services. (3) The City reserves the right to direct roll off bin service to areas that have been designated as critical due to the emergency conditions. 29 EXHIBIT B - SB 1383 COMPLIANCE PROGRAMS
To support the City in complying with regulations under SB1383, Franchisee shall implement the programs identified in this EXHIBIT B. These programs are designed to meet the implementation and education requirements of SB 1383 and help the City achieve annual diversion requirements set by CalRecycle. The City’s actual annual diversion rate depends on participation of businesses and residents, their respective adherence to program requirements and local code, the City’s enforcement of applicable codes, and the City’s implementation of other programs outside the scope of this Agreement. Accordingly, City shall amend or update the City code to incorporate requirements necessary for the implementation of these programs.

1. Collection Requirements and Container Labeling
Franchisee shall provide a 3-container collection program for Solid Waste, Recyclables, and Mixed Organics. Collection containers shall be Grey (MSW), Blue (Recyclables), and Green (Organic Waste). Hardware such as hinges and wheels may be different colors.

New containers or lids placed by Franchisee shall include language or graphic images, or both, that indicate the primary materials accepted and the primary materials prohibited in that container. Labels shall clearly indicate items that are prohibited container contaminants for each container.

2. Education and Outreach
To promote public education about recycling requirements, Franchisee shall create public education materials and conduct education programs and activities described in this Section.

Annual Notice: Franchisee shall prepare and distribute to each Generator in the City a mailer that includes information specified in 14 CCR Section 18985.1(a). Such mailer shall be distributed by Franchisee to all Residential and Commercial mailing addresses including individual Multi-Family Dwelling Units. Franchisee shall also make this notice available in an electronic format through the Franchisee’s website.

Instructional Service Guide: Franchisee shall prepare a service guide that describes available services, including how to place Containers for Collection, which materials should be placed in each Container and prohibited materials, and provides Collection holidays
Property Owners and Businesses: Franchisee shall annually provide Property Owners and Commercial Business owners with public education materials in electronic format for their distribution to all employees, Franchisees, tenants, and Customers of the properties and businesses. The Franchisee’s public education materials shall include, at a minimum, information about Organic Waste recovery requirements and proper sorting of Discarded Materials. A Commercial Business or Multi-Family Property Owner may request these materials more frequently than the standard annual provision if needed to comply with the requirement of 14 CCR Section 18984.10 for Commercial Businesses and Multi-Family Property Owners to provide educational information to new tenants and employees before or within fourteen (14) days of occupation of the Premises. In this case, the Commercial 30 Business or Multi-Family Property Owner may request delivery of materials by contacting the Franchisee’s customer service department not later than two (2) weeks in advance of the date that the materials are needed.

Technical Assistance Program: Franchisee shall provide ongoing technical assistance for Commercial and Multi-family generators that are required to participate in source separated recycling under applicable laws including AB 341, AB 1826, and SB 1383 and corresponding regulations. Technical assistance may include on-site training, instructional guides, printed or electronic materials and other resources that satisfy regulation requirements.

Contamination Monitoring: Franchisee shall perform contamination inspections by utilizing on-board monitoring systems or physical container inspections. For physical container inspections, Franchisee’s personnel shall lift the Container lid and observe the contents.

For Collection vehicles equipped with a video camera and monitoring system, Franchisee’s personnel shall observe, via the hopper video camera and monitoring system, the contents of the Containers as the materials are emptied into the vehicle. Upon finding Prohibited Container Contaminants in a Container, Franchisee shall follow the contamination noticing procedures set forth below.

3. Waste Evaluations
Sampling Method: Franchisee shall, at its sole expense, conduct waste evaluations that meet the requirements of 14 CCR Section 18984.5(c). The Franchisee shall conduct waste evaluations for contaminants using the Standard-Compliance Approach or other methods approved by Cal Recycle at least twice per year and the studies shall occur in two distinct seasons of the year. Franchisee shall provide adequate notice to City of when waste evaluations will occur, and City reserves the right to observe waste evaluations.

Contamination Notifications: If the sampled weight of Prohibited Container Contaminants exceeds twenty-five percent (25%) of the measured sample for any material stream, the Franchisee shall notify City within fifteen (15) working days. Franchisee may perform targeted waste audits to determine the source of contaminants and provide technical assistance to those generators or notify all generators of their obligation to properly source separate materials. The Franchisee may provide this information by placing a written notice on the Generators’ Containers or the gate or door of the Premises; and/or by mail, e-mail, or electronic message to the applicable Generators.

Franchisee will coordinate with City to develop procedures regarding alleged violations of these recycling programs.

4. Procurement
At City’s option, Franchisee will make available up to 5,300 tons of compost or mulch for City to purchase at market rate to help meet its state-mandated annual procurement required target. Franchisee also agrees to provide City with any available procurement credits from renewable fuel purchases used by vehicles within City. 31 5. Waivers
The City shall be responsible for granting waivers to commercial or multi-family generators that meet the de minimis requirements subject to the requirements under SB1383, pursuant to 14 CCR Section 1898411, or other requirements that may be specified by City. This includes physical space waivers where services may be impacted.

Franchisee shall provide City with required generator information on services and activity that is needed as part of the waiver application. Franchisee may also assist generators with waiver applications or submit on their behalf.

6. Edible Food Recovery
Franchisee shall provide City with necessary data and reporting to determine which customers are considered tier 1 and tier 2 commercial edible food generators.

At least annually, the Franchisee shall provide Commercial Edible Food Generators with the following information:
• Information about the City’s Edible Food Recovery program; • Information about the Commercial Edible Food Generator requirements under 14 CCR, Division 7, Chapter 12, Article 10;
• Information about Food Recovery Organizations and Food Recovery Services operating within the City, and where a list of those Food Recovery Organizations and Food Recovery Services can be found; and,
• Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste.

7. Reporting
Franchisee will provide the data or prepare reports required to meet SB1383 requirements which includes:
• The number of generators that receive organic waste collection service • The number of route reviews conducted for prohibited container contaminants • The number of times notices, violations, or targeted education materials were issued to generators for prohibited container contaminants. • The results of waste evaluations performed to meet the container contamination minimization requirements and the number of resulting targeted route reviews • The number of commercial edible food generators located within the jurisdiction 32 EXHIBIT C - DEFINITIONS
For the purposes of this Franchise Agreement, the following terms, when used with initial capitalization, shall have the meanings set forth in this Section:

A. AB 939. "AB 939" means the California Integrated Waste Management Act of 1989, being Division 30 of the California Public Resources Code, commencing with Section 40000 thereof, as it may be amended from time to time.

B. AB 1826. “AB 1826” means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 of the California Public Resources Code), also commonly referred to as "AB 1826," as amended, supplemented, superseded, and replaced from time to time
C. BULKY WASTE. "Bulky Waste" means discarded furniture (including but not limited to chairs, sofas, mattresses, and rugs); appliances (including but not limited to refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances, and other similar items, commonly known as “white goods”); discarded stereos, televisions, computers, VCR’s, and other similar items (commonly known as “Electronic-Waste”); wood waste, tree trunks and large branches if more than six inches in diameter or four feet in length, scrap wood, rocks, sod and earth.

Bulky Waste does not include construction and demolition waste, or large items such as car bodies, Jacuzzi tubs or spas, or other items that cannot be handled by two persons. In addition, Bulky Waste does not include waste tires.

D. CHANGE IN LAW. "Change in Law" means the imposition (or removal), after the establishment of a Fee relative to a Franchise Agreement, of any duty or burden imposed upon the Franchisee in the performance of the Solid Waste Handling services required of it under the Franchise Agreement which is or becomes additional to (or is subtracted from) or different from those duties required or contemplated in its Franchise Agreement, or which must be performed in a different manner from that in which it is initially contemplated to be performed, and which results from any of the following:
(1) the enactment, issuance, adoption, repeal, amendment or modification of any federal, state or local law, statute, ordinance or regulation. (2) a regulatory agency or other administrative agency interpreting a regulation, a judicial decision of a federal court interpreting federal law or statute, or a judicial decision of a court having jurisdiction within California interpreting a federal, state or local law, statute, ordinance or regulation, in a manner different from the interpretation which had previously been generally relied upon in California within the solid waste collection and hauling industry.

E. CHANGE IN LAW ADJUSTMENT. "Change in Law Adjustment" means the adjustment to Fee as determined under the provisions of Section 13–B (6) of this Agreement.

F. CHANGE IN OWNERSHIP. "Change in Ownership" occurs when either a transaction or event, results in fifty percent (50%) or more of the beneficial ownership of the Franchisee being different than such ownership as of the date of the approval by the 33 City of the Franchise Agreement or, if applicable, as of the date of the most recent consent of the City to a Change of Ownership. The owners of the beneficial ownership of Franchisee on the date of the approval of the Franchise Agreement or, if applicable, on the date of the most recent consent of the City to a Change of Ownership, shall be referred to in this subsection as an "Initial Owner". A Change in Ownership will be determined by application of the following:
(1) Any beneficial interest owned by an individual related by blood or marriage to an Initial Owner shall be considered as owned by an Initial Owner in determining if a Change in Ownership has occurred.
(2) Any public offering of stock where the stock is offered for sale to the general public and does not constitute a private placement shall be disregarded in determining if a Change in Ownership has occurred.
(3) Sales, transfers, issuances or pledges of non-voting shares of stock will not be considered in determining if a Change in Ownership has occurred, until and unless and only to the extent that such stock is converted into voting shares of stock. (4) The pledge of, or any other action taken relative to, voting shares of stock which results in any voting rights of such stock being exercised by other than an Initial Owner shall be considered to be a transfer of such stock for the purposes of determining if a Change in Ownership has occurred.

G. CHANGE IN SCOPE ADJUSTMENT. "Change in Scope Adjustment" means the adjustment to Fee as determined under the provisions of Section 13–B (5) of this Agreement.

H. COMMERCIAL EDIBLE FOOD GENERATORS. “Commercial Edible Food Generator” means a Businesses identified as Tier One and Tier Two edible food generators as defined in 14 CCR Section 18982.

I. CONSUMER PRICE INDEX. “Consumer Price Index” or “CPI” means the Consumer Price Index, All Items, Not Seasonally Adjusted, San Francisco-OaklandHayward, California, as published by the U. S. Department of Labor, Bureau of Labor Statistics, Series Id. CUURS49BSA0, Base Date 1982-84=100, or the most similar successor index if this index is no longer published.

J. CITY. "City" means the City of Madera, State of California.

K. CITY SOLID WASTE DISPOSAL SYSTEM. "City Solid Waste Disposal System" means at any particular time, the then-existing Solid Waste Facilities which the City owns, leases or has a contractual right to use.

L. CUSTOMER. “Customer” means any Person receiving Solid Waste Handling services pursuant to this Agreement.

M. DESIGNATED SOURCE SEPERATED ORGANIC WASTE FACILITY: “Designated Source Separated Organic Waste Facility” means a facility identified by Franchisee that meets the definition of 14 CCR Section 18982(a)(33). 34 N. DISPOSAL COMPONENT. “Disposal Component” means the portion of the Fee’s that apply to Solid Waste Disposal or Processing. The Disposal Component at the effective date of this agreement is equal to Twenty percent (20.0%).

O. DROP BOX. “Drop Box” means a steel, open-top container holding at least eight (8) cubic yards that rolls off and on a transport truck.

P. EFFECTIVE DATE. “Effective Date” means August 1, 2022.

Q. ELECTRONIC WASTE. “Electronic Waste” for purposes of this Agreement means electronic waste materials generated by residential or commercial Customers that render the items hazardous depending upon their condition and density, such as, but not limited to, televisions, computer monitors containing Cathode Ray Tubes (CRTs), cell phones, scanners, fax machines and other items as determined by applicable laws and regulations.

R. EXCLUDED WASTE. “Excluded Waste” means Hazardous Substance, Hazardous Waste, Infectious Waste, Designated Waste, volatile, corrosive, Medical Waste, infectious, regulated radioactive waste, and toxic substances or material that Approved/Designated Facility operator(s) reasonably believe(s) would, as a result of or upon acceptance, Transfer, Processing, or Disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be Disposed of in Class III Landfills or accepted at the Facility by permit conditions, waste that in Franchisee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Franchisee or City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in SingleFamily or Multi-Family Solid Waste after implementation of programs for the safe Collection, Processing, Recycling, treatment, and Disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

S. FEE. "Fee" means the inclusive Fee schedule attached to this Agreement as Exhibit “D,” which provides the Fees to be paid to Franchisee by City in consideration of the Solid Waste Handling services provided by Franchisee hereunder. The Fees in Exhibit D include a Franchise Fee.

T. FOOD SCRAPS. “Food Scraps” means all discarded food such as fruits, vegetables, beans, pasta, and other materials accepted at the designated organics processing facility.

U. FRANCHISE AGREEMENT. "Franchise Agreement" means the Agreement entered into between the City and the Franchisee which authorizes/requires the Franchisee to provide Solid Waste Handling services in a specified Franchise Area.

V. FRANCHISE FEE. “Franchise Fee” means a defined portion of revenue from rates retained by City as compensation to City for the exclusive right assigned to Franchisee to provide Solid Waste Handling services within the Franchise area.

W. FRANCHISEE. "Franchisee" means Mid-Valley Disposal, LLC, a California Limited Liability Company.
35 X. GREEN WASTE. "Green Waste" means discarded Solid Waste consisting of grass clippings, leaves, branches, tree trunks and other vegetative matter not more than six (6) inches in diameter or four (4) feet in length.

Y. GROSS RECEIPTS.
(1) "Gross Receipts" means all monies received by Franchisee for providing the Solid Waste Handling services specified in its Franchise Agreement EXHIBIT D. (2) "Gross Receipts Less Disposal Charges" means Gross Receipts less that part of the monies received by the Franchisee that are collected from Customers for payment of the fee imposed for disposing of the Solid Waste at a Solid Waste Facility.

Z. HAZARDOUS WASTE. "Hazardous Waste" means any waste material or mixture of waste which is toxic, corrosive, flammable, an irritant, a strong sensitizer, or which generates pressure through decomposition, heat or other means, if such waste or mixture of waste may cause substantial personal injury, serious illness or harm to humans, domestic animals or wildlife during or as a proximate result of any disposal of such waste or mixture of wastes as defined in Article 2, Chapter 6.5, Section 25117 of the California Health and Safety Code and Title 22 of California Code of Regulations, Section 66261.3. The terms "toxic," "corrosive," "flammable," "irritant," and "strong sensitizer" shall be given the same meaning as in the California Hazardous Substances Act (Chapter 12, commencing with Section 28740.1, Division 21 of the California Health and Safety Code).

AA. MANAGER. “Manager” means the City Manager of the City of Madera, or designee of City Manager.

BB. MATERIALS RECOVERY FACILITY. “Materials recovery facility” or “MRF” is a facility designed to remove recyclables and other valuable materials from the waste stream collected through a residential, commercial or industrial Solid Waste Handling program that is approved to operate by the appropriate state and local agencies.

CC. MULTI-JURISDICTION LOAD REPORT. "Multi-Jurisdiction Load Report" means a report which sets out the amount, and place of collection, of Solid Waste delivered to the City Solid Waste Disposal System.

DD. ORGANIC MATERIAL. “Organic Material” means Green Waste and Food Waste which are specifically accepted at an organics processing facility. No Discarded Material shall be considered to be Organic Materials, however, unless it is separated from Solid Waste and Recyclable Material.

EE. PERSON. "Person" includes, without limitation, individuals, associations, clubs, societies, firms, partnerships, joint ventures, sole proprietorships, corporations, limited liability companies, schools, colleges and all governmental agencies and entities.

FF. PROCESSING. "Processing" means the reduction, separation, recovery, conversion or recycling of Solid Waste.
36 GG. PROHIBITED CONTAINER CONTAMINANTS. “Prohibited Container Contaminants” means (i) items placed in the Blue Container that are not identified as acceptable Recyclable Materials; (ii) items placed in the Green Container that are not identified as acceptable organic waste; (iii) items placed in the Gray Container that are acceptable to be placed in City’s Green Container and/or Blue Container ; and (iv) Excluded Waste placed in any Container.

HH. RATES. “Rate” or “Rates” means rates charged by City of Madera or by Franchisee, as applicable, to Customers for Solid Waste Handling Services provided.

II. RECYCLABLE MATERIALS. "Recyclable Materials" means discarded Solid Waste which may be sorted, cleansed, treated, processed, and/or reconstituted, and which is segregated for the purpose of reuse or recycling, including, but not limited to, separated paper, glass, cardboard, plastic, ferrous materials or aluminum.

JJ. RESIDUAL SOLID WASTE. “Residual Solid Waste” means the solid waste destined for disposal, transformation, further transfer/processing as defined in section 17402(a)(30) or (31) of the California Code of Regulations Title 14, Article 6, which remains after processing has taken place.

KK. SB 1383. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

LL. SECURITY. "Security" means a corporate surety bond, a letter of credit or other security device acceptable to City, as provided in Section 9–F.

MM. SOLID WASTE. Except as provided in sub-subsections (1), (2), (3) and (4), "Solid Waste" means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances (subject to salvage and other special handling requirements under applicable law and regulation), dewatered, treated, or chemically fixed sewage sludge which is not Hazardous Waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, including Recyclable Materials and Green Waste.
(1) "Solid Waste" does not include Hazardous Waste and does not include low-level radioactive waste regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the California Health and Safety Code. (2) "Solid Waste" does not include medical waste (except treated medical waste) which is regulated pursuant to the Medical Waste Management Act (Chapter 6.1 (commencing with Section 25015) of Division 20 of the California Health and Safety Code).
37 (3) Solid Waste does not include petroleum or a petroleum product or fraction thereof at reasonably detectable levels, asbestos and, with respect to a particular Solid Waste Facility, any waste or material which a regulatory agency, the Facility's solid waste facility permit or City policy, does not allow to be accepted for transfer, Processing, composting, transformation or disposal at that Facility. (4) Solid Waste does not include items which would be Recyclable Materials but for the fact that they are personally separated from other Solid Waste by the generator thereof and are donated or sold to third parties. For purposes of this section, no donation or sale shall be deemed to have occurred in any instance where a generator directly or indirectly pays the third party any sum (including without limit as a consulting fee, container rental or other fees or tangible consideration) either: (i) in lieu of being directly charged for collecting, transporting, processing or recycling such item; or (ii) to offset the payment to the generator for the purported sale of such item to the third party. Nor shall the receipt of a discount of, or reduction in, the disposal service rate on unsegregated Solid Waste containing such an item be deemed to be the donation or sale of such an item to a third party.

NN. SOLID WASTE FACILITY. "Solid Waste Facility” means any facility that is designed to manage any type of Solid Waste and includes transfer, Processing, composting, transformation and disposal facilities.

OO. SOLID WASTE FACILITY FEE. “Solid Waste Facility Fee” means the fee charged for use of a Solid Waste Facility. The Solid Waste Facility Fee is $24.60 per ton as of the effective date of this agreement.

PP. SOLID WASTE HANDLING. "Solid Waste Handling" means one or more of the following:
the collection of Solid Waste from a commercial, residential, construction or industrial source; the transportation of such Solid Waste to a Solid Waste Facility; and the transfer, Processing, composting, transformation or disposal of such Solid Waste at the Solid Waste Facility.

QQ. SPECIAL WASTES. “Special Wastes” means all the items and materials which are designated as such in a Franchise Agreement.

RR. TRANSFORMATION. “Transformation” as used in this Agreement shall have the same meaning as set forth in Public Resources Code Section 40201, as it may be amended from time to time.
38 EXHIBIT D – FEES
Customer Classes/Service Type 8/1/2022 7/1/2023 7/1/2024 7/1/2025 7/1/2026 Residential
Three Standard Containers $28.72 $31.60 $34.76 $36.49 $38.32 Add'l Grey $11.81 $12.99 $14.29 $15.01 $15.76
Add'l Green $9.80 $10.78 $11.86 $12.45 $13.07
Add'l Blue $8.32 $9.15 $10.07 $10.57 $11.10
New Residence 3 Cart Start-up Fee $241.84 $266.02 $292.62 $307.25 $322.62 Contamination Fee - 1st occurrence $12.00 $13.20 $14.52 $15.25 $16.01 Contamination Fee - 2nd occurrence $24.00 $26.40 $29.04 $30.49 $32.02 Commercial MSW
96 Gallon Grey
1x per week $23.75 $26.13 $28.74 $30.17 $31.68
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 $90.00 $99.00 $108.90 $114.35 $120.06
2x per week $168.75 $185.63 $204.19 $214.40 $225.12
3x per week $243.75 $268.13 $294.94 $309.68 $325.17
4x per week $300.00 $330.00 $363.00 $381.15 $400.21
5x per week $387.50 $426.25 $468.88 $492.32 $516.93
3 Cubic Yard
1x per week $127.50 $140.25 $154.28 $161.99 $170.09
2x per week $240.00 $264.00 $290.40 $304.92 $320.17
3x per week $337.50 $371.25 $408.38 $428.79 $450.23
4x per week $405.00 $445.50 $490.05 $514.55 $540.28
5x per week $468.75 $515.63 $567.19 $595.55 $625.32
4 Cubic Yard
1x per week $157.50 $173.25 $190.58 $200.10 $210.11
2x per week $273.75 $301.13 $331.24 $345.25 $359.06
3x per week $368.75 $405.63 $446.19 $465.07 $483.68
4x per week $481.25 $529.38 $582.31 $608.66 $633.00
5x per week $600.00 $660.00 $726.00 $762.30 $800.42
39 6 Cubic Yard
1x per week $195.00 $214.50 $235.95 $247.75 $260.13
2x per week $305.00 $335.50 $369.05 $385.87 $401.30
3x per week $417.50 $459.25 $505.18 $526.00 $547.04
4x per week $562.50 $618.75 $680.63 $714.66 $750.39
5x per week $700.00 $770.00 $847.00 $884.68 $920.06
*Customer owned compactor rates are
200% of normal rate
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 $52.50 $57.75 $63.53 $66.70 $70.04
2x per week $87.50 $96.25 $105.88 $111.17 $116.73
3x per week $127.50 $140.25 $154.28 $161.99 $170.09
3 Cubic Yard
1x per week $67.50 $74.25 $81.68 $85.76 $90.05
2x per week $121.25 $133.38 $146.71 $154.05 $161.75
3x per week $190.00 $209.00 $229.90 $241.40 $253.46
4 Cubic Yard
1x per week $83.75 $92.13 $101.34 $106.40 $111.72
2x per week $137.50 $151.25 $166.38 $174.69 $183.43
3x per week $211.25 $232.38 $255.61 $268.39 $281.81
6 Cubic Yard
1x per week $103.00 $113.30 $124.63 $130.86 $137.40
2x per week $193.75 $213.13 $234.44 $246.16 $258.47
3x per week $262.50 $288.75 $317.63 $333.51 $350.18
Commercial Organics Rates
96 Gallon Container
1x per week $16.75 $18.43 $20.27 $21.13 $21.98
2x per week $32.25 $35.48 $39.02 $40.97 $43.02
3x per week $51.50 $56.65 $62.32 $65.43 $68.70
4x per week $68.25 $75.08 $82.58 $86.71 $91.05
5x per week $83.75 $92.13 $101.34 $106.40 $111.72
2 Cubic Yard Bin
1x per week $69.63 $76.59 $84.25 $88.46 $92.88
2x per week $127.50 $140.25 $154.28 $161.99 $170.09
40 3x per week $185.50 $204.05 $224.46 $235.68 $247.46
4x per week $243.38 $267.71 $294.48 $309.21 $324.67
5x per week $301.38 $331.51 $364.66 $382.90 $402.04
Commercial Contamination Fees*
1st Occurrence - Per Container Cu Yard $12.00 $13.20 $14.52 $15.25 $16.01 2nd Occurrence - Per Container Cu Yard $20.00 $22.00 $24.20 $25.41 $26.68 Overloaded 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 $219.17 $241.09 $265.20 $278.46 $292.38
Pull Charges Per Load $262.50 $288.75 $317.63 $333.51 $350.18 Tonnage Fees Based on landfill tipping fees
Miscellaneous**
Lost Lock Fee $18.15 $19.97 $21.96 $23.06 $24.21
New or Replacement Can $64.49 $70.94 $78.03 $81.93 $86.03 Delivery Charge $12.10 $13.31 $14.64 $15.37 $16.14
**Miscellaneous fees are contractor rates and
do not include a franchise fee

Madera City CouncilAugust 3, 2022

Madera City Council
August 3, 2022