All maintenance work shall be performed at least in a manner and of a quality and in accordance with the standards of other local public golf facilities so as to maintain the aesthetic level and proper playing conditions.
Sierra at its sole expense shall coordinate an annual USGA (United States Golf Association) annual turf advisory service. The annual turf advisory service shall serve as a baseline for course conditions and will provide Sierra and the City another tool for determining and prioritizing capital improvements and maintenance delivery plans.
7.3. Scheduling and Use of the Leased Premises. Sierra shall provide full organization, administration, and supervision of a golf facility and golf course operations 8 as well as restaurant and banquet operations on the Leased Premises including, but not limited to, opening and closing the Leased Premises, setting and collecting fees and charges, taking of reservations and scheduling of tee times, monitoring play on the golf course, rental of equipment, sale of merchandise and equipment, instructional and professional golf services, and facilitation and organization of instructional programs, clinics, leagues, and tournament play.
Sierra shall insure that controls are in play to monitor, enforce rules and regulate pace of play and safe conditions. Sierra at its sole expense shall provide marshals and starters sufficient to cover the daily rounds played and shall regulate play and conduct of all persons on the golf course and related facilities. Sierra shall provide, maintain and make available a sufficient number golf carts available for rent at the Golf Course. Golf cart must be kept in good condition and must be replaced and maintained on a regularly scheduled program.
Sierra shall have the exclusive rights, license, duty and privilege to utilize the food and beverage concession facilities within the restaurant and banquet building and patio at the Golf Course. Sierra recognizes that Sierra shall, at its sole cost and expense, be required to furnish all equipment, appliances, supplies, and the items necessary or convenient to Sierra's operation hereunder Services provided by Sierra hereunder shall conform at least to the services, standards, and practices of the industry in the surrounding area.
7 .4. Public Use and Access. Sierra shall ensure access to the Leased Facility and its programs and services to all members of the public, including those residing and/or visiting within the City of Madera and within Madera County, without regard to race, religion, color, national origin, sex or ability. Sierra shall allow access and use of by City for its Annual July 4th Celebration, including the closure of the golf course for Firework display setup. City is responsible for cleanup and security related to this event. Sierra agrees to cooperate with the City in the scheduling of air shows, public meetings, agricultural activities, tournaments and City activities that may occur on or near the Leased Facility premises.
7.5. Cooperation With City Parks and Community Services Department Sierra shall work cooperatively with the City in the promotion and support of golfing opportunities and programs through the City's Parks and Community Services Department.
7 .6. Hours of Operation. Sierra shall operate and maintain the Leased Premises open from dawn to dusk every day of the year, with the exception of closures required by weather conditions and Christmas Day. Sierra shall be required to provide a minimum level of operation in compliance with standards contained herein.
7.7. Irrigation. Sierra shall be responsible for irrigating the necessary parts of the Leased Premises in a manner required to maintain the playability and usability of the Leased Premises and so as not to cause damage or destruction to any portion of the Leased Premises. Sierra shall monitor the quality of the irrigation water to ensure it 9 is acceptable to use for irrigation at the Leased Premises. Any deficiencies shall be immediately reported to City's representative in writing.
7.8. Quality Assurance. By executing this Lease Agreement, Sierra agrees that its management and operation of the Leased Premises pursuant to this Lease Agreement shall be performed in a fully competent manner. By executing this Lease Agreement, Sierra further agrees and represents to City that the Sierra possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Lease Agreement and that City relies upon the professional skills of Sierra to do and perform Sierra's work. Sierra further agrees and represents that Sierra shall follow the current, generally accepted practices in this area to perform the services required under this Agreement.
7.9. Representative. Sierra shall assign a single representative to have overall responsibility for the execution of this Lease Agreement for Sierra. An Operations Director will be designated as the representative for Sierra. Sierra shall provide the City with written notice of any changes in the designated representative.
7.10. Repair and Maintenance. Except as otherwise specifically provided in this Lease Agreement, Sierra shall be solely responsible for keeping the Leased Premises clean and in good condition and repair and for all repairs and maintenance necessary to keep the Leased Premises in good condition and repair. Sierra shall be responsible for all damage or destruction to the Leased Premises caused by any act(s) of Sierra or by Sierra's employees, agents, licensees or contractors, in addition to any invitees while such invitees are on the Leased Premises. 7 .11. Utilities and Services. Sierra shall arrange to have furnished all utilities including electrical, power, gas, water, sewer, cable or satellite television, as well as janitorial services, and trash removal and shall pay to such person or entity providing such utilities and services during the term of this Lease Agreement. The City shall not be liable in any manner for any failure or interruption of any utility service furnished to the Leased Premises, and no such failure or interruption shall entitle Sierra to terminate this Lease Agreement.
7.12. Failure to Maintain or To Repair. If at any time during the Initial Term or any Renewal Term Sierra fails to maintain or to repair the Leased Premises as required under this Lease Agreement, City, upon at least ten (10) days' prior written notice (except in the case of an emergency when no such notice shall be required) may, but is not required to, perform the maintenance or make the repairs or replacements on behalf of Sierra. Any sums expended by the City in doing so shall be deemed immediately due from Sierra on demand of the City.
7.13. Restaurant and Banquet Operations. Sierra shall have the exclusive right to provide food and beverages at the Leased Facility throughout the term of this Lease Agreement. All revenue generated by the food, beverage and banquet operations Sierra shall be the property of Sierra. Sierra shall be authorized to sell food, beverages, and food products, including alcoholic beverages, or to subcontract for such 10 services, provided such services are provided in accordance with all applicable health and sanitation regulations and that all necessary permits and approvals are obtained in advance, including the necessary permits and approvals from the California Department of Alcohol and Beverage Control and Madera County. Sierra shall maintain a liquor license in accordance with applicable laws and regulations throughout the entire term of this Lease Agreement
Sierra shall provide a full level of service to the banquet facility which will include, without limitation, banquet booking, setup, food service, collection of fees and all services typical to the operation of a banquet facility. Unless agreed upon in writing, Sierra agrees to limit it's services under this agreement to the facilities at the Golf Course and will not under the auspices of this agreement provide catering services off of the Golf Course facility.
Sierra shall at its sole cost and expense perform all maintenance and repairs to kitchen and related facilities including but not limited to that necessary for proper functioning of stoves and refrigeration equipment as well as any/all septic tanks, grease fuels and traps, drains sinks and rodent and pest control.
Sierra shall remedy within forty-eight (48) hours any defective, dangerous or unsanitary conditions for which it has notice. City may, at any time at its option, do so at Sierra's sole cost and expense, for which City shall be reimbursed. Defective, dangerous or unsanitary conditions may include but need not be limited to kitchen maintenance, water leakage or other health and safety items upon demand.
7.14. Collection of Fees and Revenues; Accounting. Sierra shall have the sole authority and shall be solely responsible for collecting all fees and revenues generated by its operation and management of the Leased Premises during the term of this Lease Agreement. Sierra shall be solely responsible for the accounting for such revenues in accordance with accepted accounting methods and for the reporting of revenues to the City as more specifically provided herein.
7.15. Accident Reports. Sierra shall immediately report to the City, in writing, any accident causing more than ten thousand dollars ($10,000) worth of property damage or any serious injury to person or property that occurs on or in connection with the Leased Premises. This written report shall contain the names and addresses of the parties involved, a statement of the circumstances, the date and hour, the names and addresses of any witnesses, and any other pertinent information available to Sierra. 7 .16. Americans With Disabilities Act (ADA) and Title 24 Compliance. With respect to any capital improvements made by Sierra during the term of this Lease Agreement including, but not limited to, those capital improvements made through the use of Capital Improvement funds established pursuant to Section 5. 7 of this Lease Agreement, Sierra shall ensure that all buildings, structures, and other facilities constructed or improved by it are constructed or improved in such a manner as to be in compliance with the Americans With Disabilities Act (ADA) and Title 24. With respect to all other ADA or Title 24 required improvements, City shall be responsible for making 11 "\
any repairs or improvements necessary to bring the buildings, structures, and other facilities into compliance with the ADA and with Title 24.
7.17. Staffing. Sierra shall provide competent personnel necessary for such operations and shall supervise them in their work. Staff at a minimum must include a Class "A" Head Professional, Class "A" Golf Course Superintendent and assistant professionals and superintendents necessary for the operations and maintenance of the golf course. Head Professional and Golf Course Superintendent must be easily accessible by the golfing public and organized groups. Professional certifications must be current at all times through the contract term. Sierra shall provide a Food and Beverage Manager who will have day to day responsibility for the operation of food, beverage and banquet concessions covered by this agreement.
8. Responsibility of City. To the extent appropriate to the projects to be completed by Sierra pursuant to this Agreement, City shall:
8.1. Disclosure of Information. Assist Sierra by placing at its disposal all available information pertinent to the Leased Premises, including but not limited to, previous reports and any other data relative to the Leased Premises. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City.
8.2. Entry Upon Property. Make provisions for Sierra to enter upon public and private property as required by Sierra to perform its services.
8.3. Examination of Records. Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Sierra, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Sierra.
8.3. Project Director. The Director of Administrative Services shall act as City's representative with respect to the work to be performed under this Lease Agreement. Such person shall have the complete au_thority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment, elements, and systems pertinent to Sierra's services. City may unilaterally change its representative upon notice to the Sierra.
8.4. Notice of Defects. Give prompt written notice to Sierra whenever City observes or otherwise becomes aware of any defect or shortcoming in the performance of any duty or obligation of Sierra under this Agreement.
9. Signs. Sierra shall not erect any permanent signs upon the Leased Premises unless the City has first given its prior written approval.
10. Advertising and Promotional Materials. Sierra shall ensure that all brochures, scorecards, and other printed advertising and marketing materials always bear the name "Madera Municipal Golf Course" with the accompanying logos of the City and the City Parks and Community Services department as provided by the City. 12 11. Name Change. Sierra understands and acknowledges the name of the Leased Premises is "Madera Municipal Golf Course" and Sierra shall not change, alter or otherwise misrepresent the name of the Leased Premises in any advertisement, brochure or other notice.
12. Gift Certificates or Credits. Sierra understands and acknowledges that as of the Effective Date of this Lease Agreement gift certificates or credits, including those for greens fees, merchandise, and other items of interest, have been issued by the City and remain outstanding. Sierra agrees to acknowledge and to honor and receive such gift certificates and credits at the value issued for a period of twelve (12) months following the Effective Date; however, such gift certificates and credits shall not be considered gross revenues or as rounds played as that term is defined in Section 5.4 of this Lease Agreement for purposes of calculating Sierra's rent payment obligations and the City will reimburse Sierra for all such gift certificates and credits accepted and honored by Sierra, within 30 days after presentation of a statement of the amount of such items.
13. Complaint Resolution. The representative of Sierra designated herein shall serve as the contact person for the City in the event complaints are received from the community or from members of the public. Sierra shall investigate all complaints received from the City and shall make a good faith effort to resolve such complaints.
Within thirty (30) days of Sierra's receipt of such complaint, Sierra shall provide the City with a written summary of the disposition and resolution of the complaint.
14. Employees. Sierra shall maintain an adequate number of qualified staff and/or volunteers to provide the services required under this Lease Agreement and shall ensure that a manager is present at the Leased Premises during all times the Leased Premises are open to the public for business. Sierra understands and acknowledges that all its employees must act in a courteous, professional manner at all times. The City shall promptly notify Sierra of any employee who the City has determined to be incompetent, disorderly, intemperate or otherwise objectionable. Si.erra shall take whatever disciplinary action is deemed appropriate with regard to such employee including termination and replacement with a satisfactory employee.
It is understood and agreed that the City shall have no authority to discipline any of Sierra's employees and any decision to terminate or otherwise discipline any employee shall be solely that of Sierra. In the event that any action is brought against the City or the City is named in any action brought against Sierra for failure to hire or terminate an employee, Sierra will indemnify, defend, and hold harmless the City for any costs, expenses, damages or liabilities incurred or alleged as a result of such action.
15. Sierra's Labor and Wage Rate. There shall be paid to each person employed by Sierra or sub-contractor in the work under this Agreement, not less than the minimum legal wage rate required by law. Sierra will comply with all applicable wage and hour laws and shall indemnify, defend, and hold the City harmless from any and all claims, demands, losses or damages made as a result, whether direct or indirect, of Sierra's employment of personnel pursuant to this Agreement.
13 16. Equipment and Materials. Sierra shall, at its own cost and expense, furnish, maintain, and repair all necessary equipment, supplies, and materials of good quality and in the amounts necessary to comply with this Agreement. These equipment, supplies, and materials shall include, but not be limited to:
16.1. All equipment necessary or appropriate for the performance of services under this Agreement, together with all necessary gas, oil, and spare parts for all equipment used and maintained by Sierra;
16.2. All necessary top dressing, seed, fertilizers, fungicides, insecticides, irrigation materials and supplies and herbicides;
16.3. Bunker rakes, trash receptacles, and other similar golf course equipment, which shall be maintained and/or replaced as needed, as set for the in the Technical Maintenance Specifications; and
16.4. Sand for bunkers to maintain an appropriate sand depth.
City agrees to make available for purchase by Sierra equipment owned and used by the City to maintain the Golf Course and, in the event Sierra chooses to purchase such equipment from City, agrees to enter into a separate agreement for the purchase of such equipment. In the event Sierra purchases such equipment from City, such equipment shall become the property of Sierra and Sierra shall be fully responsible for the maintenance, care, and repair of such equipment.
17. Materials Storage. Sierra shall not store or maintain any dead, felled or trimmed plant or other vegetative waste on the Golf Course and shall remove such waste from the Golf Course in such manner and at such times as to prevent the same from becoming a fire hazard. Sierra shall be liable in all respects for any damage, liability, loss, injury or expense incurred as a result of any fire damage proximately caused by Sierra's storage of any such waste on the Golf Course and shall indemnify, defend, and hold the City harmless from any and all such damage, liability, loss, injury or expense.
18. Liens and Encumbrances. Sierra shall keep the Leased Premises free and clear of any liens or encumbrances of any kind whatsoever created by Sierra's acts or omissions.
19. Taxes. Throughout the Initial Term and any Renewal Term of this Lease Agreement, Sierra shall pay before they become delinquent all real property tax obligations of any kind assessed against the Leased Premises in addition to all taxes and assessments imposed on any personal property, equipment or trade fixtures belonging to Sierra and located on the Leased Premises. Beginning on the Effective Date and for each year thereafter, Sierra shall also be responsible for any applicable possessory interest tax assessed or levied against the Leased Premises and shall make timely payment thereof.
14 20. Improvements and Alterations.
20.1. Prior Consent Required. With respect to alterations or improvements proposed by Sierra, City shall allow Sierra to complete such alterations or improvements only upon prior review and written approval of the City.
20.2. Ownership of Tenant Improvement and Alterations. All structural alterations or improvements made or installed on the Leased Premises by Sierra, or any other person or entity, shall be considered part of the Leased Premises and, on expiration of this Lease Agreement or sooner termination thereof, shall remain on the Leased Premises and shall become the property of the City unless City provides written notice to Sierra at the time City gives its consent to the alterations or improvements that such alterations or improvements be removed in which case Sierra shall remove the same prior to expiration or within thirty (30) days after early termination of this Lease Agreement. Notwithstanding the above, all items of equipment, machinery, furniture, furnishings, fixtures, and other personal property placed in or installed on the Leased Premises by Sierra shall remain the personal property of Sierra regardless of the manner or mode of attachment and may be removed by Sierra at any time throughout and including expiration of the then current lease term, provided that Sierra shall repair any damage caused by said removal, reasonable wear and tear excepted. Such personal property remaining after expiration of thirty (30) days after early termination of this Lease Agreement shall be deemed abandoned by Sierra and shall become the property of the City.
20.3. Compliance with Laws. All improvements and alterations to the Leased Premises, including those with regard to landscaping and installation of additional parking, shall be done in accordance with all applicable laws, regulations, and standards including, but not limited to, the Madera Zoning Code and all applicable development standards·.
20.4. Construction Management Fees. There shall be no construction management fees charged by the City to Sierra for any improvements or alterations made to the Leased Premises.
21. Liability for Damages. Sierra shall be fully responsible for any and all damage done to the Golf Course property or equipment, damage to the personal property of private individuals or other property of the public, and for any injury to any individual, including any guest, employee, agent, licensee, invitee or member of City that results from the affirmative act and/or negligence of Sierra or Sierra's agents, employees, invitees or licenses. Except as otherwise required by local ordinances or this Agreement, lost shrubs and trees shall be replaced with shrubs and trees of appropriate same size, species and horticultural variety.
22. Damage or Destruction of Leased Premises. If the Leased Premises are totally or partially damaged or destroyed by fire, earthquake or other casualty not caused by the acts or omissions of Sierra, the City shall have the right, but not the obligation, to restore the Leased premises by repair or rebuilding. In the event the Leased Premises are so damaged as to materially and adversely affect Sierra's ability to conduct its 15 normal business operations from the Leased Premises, as reasonably determined by the City and by Sierra, Sierra shall have the right, at its option, to terminate this Lease Agreement upon written notice to City given within sixty (60) days following the date of such damage. The City shall provide to Sierra a written notice within thirty (30) days following the date of such damage stating whether the City has elected to terminate this Lease Agreement, or to repair the Leased Premises. If the City fails to provide such timely notice, Sierra may, upon ten (10) days' prior written notice, terminate this Lease.
If the City provides such timely notice and therein elects to repair or rebuild, and thereafter is able to complete such restoration within ninety (90) days from the date of such damage, subject to the terms of this paragraph, this Lease Agreement shall remain in full force and effect. If the City is unable to restore the Leased Premises within this time, or if City elects not to restore, then Sierra may terminate this Lease Agreement by giving the City written notice. Upon such election to terminate, the rent due under this Lease Agreement shall be due and payable only up until the date of damage. If this Lease Agreement is not terminated, the Base Rent or per Round Rates due and payable under this Lease Agreement shall be reduced based on the extent to which the damage interferes with Sierra's reasonable use of the Leased Premises until such portion of the Leased Premises is restored.
If the City elects to repair and to restore, City shall restore the Leased Premises to substantially its condition to that prior to the occurrence or damage provided the City shall not be obligated to repair or to restore any alterations, additions, fixtures or equipment or improvements which have been installed by Sierra, whether or not Sierra has the right or obligation to remove the same or is required to leave the same on the Leased Premises as of the expiration or earlier termination of this Lease Agreement, unless Sierra, in a manner satisfactory to the city, assures payment in full of all costs as may be incurred by City in connection therewith. If there be any such alterations, fixtures, additions, equipment or improvements installed by Sierra and Sierra does not assure or agree to assure the payment of all costs of restoration or repair as aforesaid, City shall have the right to determine the manner in which the Leased Premise shall be restored so as to be substantially as the Leased Premises existed prior to the damage occurring of this Lease Agreement, as if such alterations, fixtures, equipment or improvements installed by Sierra had not then been made or installed.
In no event shall the City be responsible for any loss or interruption of Sierra's business caused by damage or destruction of the Leased Premises or during the repair or reconstruction thereof regardless of the cause of the damage or destruction or the extent of insurance coverage. The parties agree that the rights and obligations of the parties in the event of damage or destruction of the Leased Premises shall be governed by this Lease Agreement. Sierra waives the provisions of California Civil Code sections 1932 and 1933(4).
23. Assignment and Subletting. Except as otherwise specifically set forth herein, Sierra shall not have the right to assign, sublet, hypothecate or mortgage the Leased Premises, or any portion thereof, or to lease, license or otherwise enter into management agreements with any other individual or entity for any portion of the Leased Premises. Any attempted assignment, hypothecation, mortgage, lease, license or management without the express written consent of the City shall constitute a 16 material breach of this Lease Agreement and shall render this Lease Agreement void and of no longer any force and effect. Notwithstanding the foregoing, Sierra shall be permitted to sublease the restaurant and banquet facilities to an operator in accordance with the specific terms of this Lease Agreement.
23.1. Merger or Consolidation. It is recognized by the parties hereto that a substantial inducement to City for entering into this Lease Agreement was, and is, the professional reputation and competence of Sierra. This Lease Agreement is personal to Sierra and shall not be assigned and no part of the Leased Premises shall be sublet by Sierra without the prior express written approval of the City, which approval and consent shall not be unreasonably withheld, conditioned or delayed. For purposes of this Lease Agreement, the term "assignment" shall include a transfer by Sierra to any related or successor entity, whether by merger, consolidation or otherwise, or to any entity or individual that purchases all or substantially all of Sierra's assets.
23.2. Recapture. City shall have the right to recapture the Leased Premises in the event of any sublease or assignment and no sublease or assignment shall constitute a release of Sierra from the obligations of performance or the terms and provisions of this Lease Agreement.
24. Insurance.
24.1 . Commercial General Liability, Property Insurance and Miscellaneous Coverage. Sierra shall, throughout the duration of this Lease Agreement, maintain commercial general liability, property, and miscellaneous other insurance covering all operations of Sierra, its agents and employees, performed in connection with this Lease Agreement including but not limited to premises and automobile. The cost of such insurance shall be solely born by Sierra.
24.2. Minimum Coverage Limits. Sierra shall maintain the following limits:
General Liability
Combined Single Limit Per Occurrence ................................ $2 million General Aggregate ........................................................... $5 million (The policy shall cover on an occurrence or an accident basis, and not on a claims made basis. The coverage shall be at least as broad as Insurance Services Office Form CG 00 01)
Automobile Liability
Combined Single Limit Per Occurrence .................................. $1 million (The policy shall cover on an occurrence or an accident basis, and not on a claims made basis. The coverage shall be at least as broad as Insurance Services Office Form Number CA 00 01 using Code 1, Any Auto.)
17 Worker's Compensation ... ... .. ..... ..... ....... .. .. ... ..... .. .... .... ...... Statutory Limits Employer's Liability Insurance: ....................................................... $1 million per employee and per accident for bodily injury or disease.
All Risk Property Insurance (Covering all real and personal property of the City and occupied or used by Sierra, and all real and personal property of Sierra utilized or stored on Leased Premises. Full replacement cost with no coinsurance penalty provision.)
Greens Protection .... .. .......... .. ......... ... .... ..... .. ... ........................... $300,000 Facility Replacement Coverage (Covering the golf course and all buildings, equipment, and structures located thereon and all furnishings or equipment owned by the City and also located thereon, in no event less than the full replacement value, against the perils of fire and extended coverage, including demolition.)
24.3. Additional Insured By Endorsement. All insurance companies with the exception of "Worker's Compensation" affording coverage to Sierra shall be required to add the City of Madera, its officers, employees, volunteers, and agents as additional "insured" by endorsement under the insurance policy and shall stipulate that this insurance policy will operate as primary insurance for the work performed under this Agreement and that no other insurance affected by the City or other named insured will be called upon to contribute to a loss covered thereunder. The policy shall contain no special limitations on the scope of protection afforded to City, its officers, employees, volunteers or agents
24.4. Authorization to Conduct Business. All insurance companies affording coverage to Sierra shall be insurance organizations authorized by the Insurance Commissioner to transact the business of insurance in the State of California and shall have an A.M. Best Rating of no less than A-vu.
24.5. Cancellation or Reduction in Coverage. Sierra shall provide no less than thirty (30) days written notice to the City should the policy be canceled or reduced in coverage before the expiration date. For the purpose of this notice requirement, any material change prior to expiration shall be considered cancellation.
24.6. Certificate of Insurance. Sierra shall furnish the City with copies of the original certificates and endorsements, including amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms that conform to stated requirements. All certificates and endorsements are to be received and approved by the City before work commences; however, failure to do so shall not operate as a waiver of these insurance requirements. The City reseNes the right to require complete, certified copies of all required insurance policies, including 18 endorsements effecting the coverage required by these specifications at any time.
Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City .. A statement on the insurance certificate which states that the insurance company "will endeavor" to notify the certificate holder, "but failure to mail such notice shall impose no obligation or liability of any kind upon the Sierra, its agents or representatives" does not satisfy the requirements of this subsection. The Sierra shall ensure that the authorized representative of the insurance company strikes the above quoted language from the certificate.
24.7. Substitution of Insurance. Sierra shall provide a substitute certificate of insurance no later than ten (10) days prior to the policy expiration date. In the event Sierra is unable to provide a substitute certificate of insurance within the time prescribed in this subsection, Sierra shall provide written confirmation of renewal, in a form satisfactory to the City, to act as proof of insurance only until such time as a certificate of insurance has been received by the City.
24.8. Additional Insurance Coverage. Sierra shall include all subcontractors as insured's under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of the requirements stated herein. Maintenance of insurance by the Sierra as specified in this Agreement shall in no way be interpreted as relieving the Sierra of any responsibility whatever and the Sierra may carry, at its own expense, such additional insurance as it deems necessary.
24.9. Applicability of Insurance. When the term "Sierra" is used, it shall be deemed to include the parent and any other subsidiaries involved in any way with this Agreement.
24.10. Deductible and Self-Insurance Limitations. Any self-insured retentions must be declared and approved by the City. Any policy of insurance provided to meet the requirements of this section which has a deductible over $25,000 shall not meet the requirements of this section unless it has first been approved by the City. Self-funding, policy fronting or other mechanisms to avoid risk transfer are not acceptable.
24.11. Periodic Review of Insurance Coverage. All insurance coverage and limits required under this section shall be subject to periodic review on every fifth anniversary of the Effective Date at which time the City may require additional or different coverage types and limits as set forth herein in order to meet changed circumstances or conditions that exist at the time of such periodic review.
24.12. Waiver of Subrogation. Sierra, to the extent and limits of insurance coverage applicable under any policy of insurance procured as required under this Lease Agreement, releases the City, its officers, employees, and agents from any claims for damage to any person or to the Leased Premises, or any part thereof including the buildings, fixtures, personal property, and other improvements or alterations located thereon, of either the City or Sierra, including loss of income, that are 19 caused by or result from risks insured against under any insurance policies required by this Lease Agreement and in force at the time of any such damage.
Sierra shall cause each such insurance policy obtained by it to provide that the insurance company waives all rights of recovery by way of subrogation against the City in connection with any damage covered by such policy. The City shall not be liable to Sierra or to any other party for any damage caused by fire or any other risk insured against under any property insurance policy carried under the terms of this Lease Agreement, to the extent and limits of coverage applicable under any policy of insurance procured as required under this Lease Agreement.
25. Hazardous Substances. Sierra represents and warrants that the services it will provide, the methods of application is will use, and the products it will use will not violate any federal, state or local environmental laws, statutes, ordinances, codes, rules, regulations, orders, decrees or similar authoritative pronouncements. Sierra understands and acknowledges the City is subject to a National Pollution Discharge Elimination System (NPDES) Permit. Sierra agrees to cooperate with the City in implementing best management practices and other strategies and techniques necessary to protect the quality of water runoff from the Madera Municipal Golf Course and to meet the requirements of the City's NPDES Permit including, but not limited to Integrated Pest Management (IPM) strategies.
For purposes of this Agreement "Hazardous Substances" shall have the meaning ascribed in and shall include those substances listed in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §6901 et seq., as amended from time to time, and shall include any other elements or compounds which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency ("EPA") and the list of toxic pollutants designated by Congress or the EPA or defined by any other federal, state, local or quasi-governmental statute, ordinance, law, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, now existing or at any time hereafter in effect.
Sierra shall make and maintain any and all such records or reports as may be required under any federal, state or local law or regulation, in the proper form and for the proper time periods, regarding the handling, maintenance, storage or application of any pesticides or other hazardous materials whether or not specifically described in this section.
26. Storage of Personal Property. Sierra may store on the Leased Premises only personal property that Sierra owns, leases or rent, and shall not improperly store any flammable materials, explosives or other dangerous or hazardous materials.
Notwithstanding the foregoing, Sierra shall not be in breach of this provision as a result of the presence on the Leased Premises of minor amounts of hazardous or toxic materials which are in compliance with all applicable laws, ordinances and regulations, including all applicable material data safety sheets, and which are customarily used in Sierra's normal business operations conducted from the Leased Premises. 20 27. Right of Entry. The City and its authorized officers, employees, and representatives shall have the right to enter the Leased Premises, or any part thereof, at all reasonable times, upon reasonable prior notice (except in the case of an emergency, when no such notice shall be required) for the purpose of inspecting the same and to take all such action thereon as may be necessary or appropriate for any such purpose provided for under this Lease Agreement or any other lawful purpose to include protecting the Leased Premises. No such entry shall constitute an eviction of Sierra or a disturbance of its quiet enjoyment to use and to occupy the Leased Premises. When entering upon the Leased Premises for any reason, the City and its authorized officers, employees and representatives shall use all commercially reasonable efforts to protect Sierra's property and personnel from loss and injury and to avoid interfering with the conduct of Sierra's business.
28. DefauJt by Sierra. Sierra shall be in default of this Lease Agreement for any of the acts or omissions specifically set forth in this section.
28.1. Abandonment. Sierra's abandonment of the Leased Premises for more than thirty (30) days.
28.2. Failure to Pay Rent. Sierra's failure to pay rent when due.
28.3. Failure to Operate. Sierra's failure to perform or observe any of the other agreements, covenants or conditions of this Lease Agreement on the part of Sierra to be performed and observed and such failure shall continue for a period of thirty (30) days after written notice thereof to Sierra, or, in the case of a failure which cannot be cured by the payment of money and cannot reasonably be cured within thirty (30) days, Sierra shall fail to commence the curing thereof within said thirty (30) day period and thereafter shall fail diligently to prosecute such cure to completion.
28.4. Failure to Maintain. Sierra's failure to maintain the Leased Premises in accordance with the standards of this Lease Agreement, including the buildings, structures, and improvements located thereon, in a clean. sanitary, safe, and satisfactory condition, where such failure continues for a period of thirty (30) days after written notice from the City for corrections, or in the case of a failure which cannot be cured by the payment of money and cannot reasonably be cured within thirty (30) days, Sierra shall commence the curing thereof within said thirty (30) days, Sierra shall fail to commence the curing within said thirty (30) day period and thereafter shall fail diligently to prosecute such cure to completion.
28.5. Insolvency. Sierra shall become unable to pay its debts generally as they become due, voluntarily file a petition or other proceeding in or for dissolution or liquidation under any law or statute of any federal, state or local government, or any subdivision of either, now or hereafter in effect, make an assignment for the benefit of its creditors or consent to or acquiescence in the appointment of a receiver of itself.
28.6. Receivership. A court of competent jurisdiction shall enter an order, judgment or decree appointing a receiver over Sierra over the whole or any substantial part of the Leased Premises occupied by Sierra, and such order, judgment or decree 21 shall not be vacated, set aside or stayed within ninety (90) days from the date of entry of such order, judgment or decree, or a stay thereof be thereafter set aside.
28.7. Bankruptcy. A court of competent jurisdiction shall enter an order, judgment or decree approving a petition filed against Sierra under any bankruptcy, insolvency, reorganization, readjustment of debt, dissolution or liquidation law or statute of any federal, state or local government, or any subdivision of either, now or hereafter in effect, and such order, judgment or decree shall not be vacated, set aside or stayed within ninety (90) days from the date of entry of such order, judgment or decree, or any stay thereof be thereafter set aside, then any such events shall constitute an event of default by Sierra.
29. City's Remedies Upon Sierra's Default. Upon the occurrence of any such event of default by Sierra and so long as the same shall not have been remedied or cured by Sierra pursuant to the provisions of this Lease Agreement, the City shall have the following rights and remedies, in addition to all other rights and remedies of City provided hereunder or by law or in equity:
29.1. Termination. The right to terminate this Lease Agreement, in which event Sierra shall immediately surrender possession of the Leased Premises and pay to City all Base Rent, Rate per Rounds and all other amounts payable to the City hereunder to the date of such termination.
29.2. Loss Recoverv. The right to bring suit or action against Sierra to recover as an award in such suit the worth at the time of award of the unpaid minimum Base Rent or Rate per Round and all other sums due hereunder which had been earned at the time of termination, or such amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable California law.
29.3. Right of Reentry. If an event of default occurs, City shall also have the right, with or without terminating this Lease Agreement, to reenter the Leased Premises and to remove all persons and property from the Leased Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Sierra.
29.4. Reletting of Leased Premises. If an event of default occurs, City shall also have the right, with or without terminating this Lease Agreement, to relet the Leased Premises. If the City so elects to exercise its rights to relet the Leased Premises without terminating this Lease Agreement, then rentals received by the City from such reletting shall be applied as follows:
29.4.1. first to the payment of any indebtedness other than rent due hereunder from Sierra to City;
29.4.2. second to the payment of any cost of such reletting;
29.4.3. third to the payment of the cost of any alterations or repairs to the Leased Premises;
22 29.4.4. fourth to the payment of Base Rent or Rate per Round due and unpaid hereunder; and
29.4.5. fifth the residue, if any, shall be held by the City and applied in payment of future rent as the same may become due and payable hereunder.
Should the amount of rental received from such reletting during any month which is applied to the payment of rent hereunder be less than that agreed to be paid during that month by Sierra hereunder then Sierra shall pay such deficiency to City immediately upon the demand therefor by City. Such deficiency shall be calculated and paid monthly. Sierra shall also pay to City, as soon as ascertained, any costs and expenses incurred by the City in such reletting and not covered by the rentals received from such reletting. Such reletting costs shall not include decorations or alterations.
29.5. Election to Terminate. No reentry or taking possession of the Leased Premises by City pursuant to this Lease Agreement shall be construed as an election to terminate this Lease Agreement unless a written notice of such intention is given to Sierra or unless the termination thereof is decreed by a court of competent jurisdiction.
Notwithstanding any reletting without termination by Sierra because of any default by Sierra, City may at any time after such reletting elect to terminate this Lease Agreement for any such default.
29.6. Waiver. Any waiver by the City of any breach of any one or more of the covenants, condition, terms or agreement of this Lease Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other covenant, condition, term or agreement herein contained, nor shall failure on the part of the City to require exact, full, and complete compliance with any of the covenants, terms, conditions or agreements herein contained be construed as in any manner changing the terms of this Lease Agreement or stopping the City from enforcing the provisions. No delay, failure or omission of the City to re-enter the Leased Premises or to exercise any right, power, privilege or option, arising from any default, nor any subsequent acceptance of payments then or thereafter shall impair any such right, power, privilege or option, or be construed as a waiver of or acquiescence in such default or as a relinquishment of any right.
29.7. No Limitation on Indemnification. Notwithstanding the foregoing, nothing contained in this section shall be construed to limit the City's right to indemnification as otherwise provided in this Lease Agreement.
29.8. City's Right to Cure. Notwithstanding anything in this Lease Agreement to the contrary, the City may at any time after Sierra's uncured default under this Lease Agreement, cure the act of default for the account of and at the expense of Sierra. If City elects to pay any sum of money or to do any act that requires the payment of sum of money, or elects to incur any expenses, the sum or sums paid by the City shall be deemed to be an additional rent under this Lease Agreement and shall be due from Sierra to the City immediately upon receipt of written demand. 23 30. Default by City. If the City shall fail to fulfill any covenant or provision of this Lease Agreement on its part to be performed and fail to remedy such failure within thirty (30) days after Sierra shall have given the City written notice of such failure, then the same shall be an event of default and Sierra shall have all rights, powers, and remedies available at law or equity. Without limiting the rights described above, in the event that (i) City for any reason, other than by reason of any default by Sierra, fails to fulfill any covenant or provision of this Lease Agreement on its part to be performed, and (ii) such failure materially and adversely interferes with the conduct of Sierra's business conducted from the Leased Premises, as reasonably determined by Sierra; and (iii) such failure is not remedied within five (5) business days after the City receives actual notice of such failure, then Sierra shall have the right, but not the obligation, to remedy the City's failure and to charge the City for the reas~mable cost of such remedy, which charges shall be payable by the City within ten (10) days of Sierra's demand therefor, and upon the City's failure to pay the same, Sierra shall have the right to credit against any future installments of rent until such cost is fully recouped by Sierra. In addition, if such failure is not remedied within thirty (30) days after Sierra shall have given City written notice of such failure, then Sierra shall have the right to terminate this Lease Agreement by giving the City written notice.
31. Advisory Committee. Sierra understands and acknowledges that an advisory committee (the "Madera Municipal Golf Course Advisory Committee") shall be formed to review services provided by Sierra pursuant to this Lease Agreement including, but not limited to, fees and rates charged by Sierra for the public's use of the Leased Premises, capital improvement projects, and other management and operations obligations performed by Sierra pursuant to this Lease Agreement. The powers and authority of the Madera Municipal Golf Course Advisory Committee shall solely advisory to the City and to Sierra and ultimate authority regarding the management and operation of the Leased Premises shall be with the Madera City Council and shall be as otherwise specifically set forth in this Lease Agreement. The City and Sierra shall work collaboratively to form and to manage the Madera Municipal Golf Course Advisory Committee.
32. Indemnification.
32.1 Indemnification of City. Sierra shall hold harmless, indemnify, and defend the City and its officers, employees, and agents from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life or damage to any property, or violation of any relevant federal, state or local law or ordinance, or other cause occurring on the Leased Premises or in connection with Sierra's specific use of the Leased Premises or in connection with any negligent or intentional acts or omissions of Sierra, its officers, employees, agents, contractors, subcontractors, and invitees, while such invitees are on the Leased Premises, including Sierra's default under this Lease Agreement. It is understood that the duty of Sierra to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code and that Sierra shall at its own expense, upon written request by the City, defend any such suit or action brought against the City, its officers, agents or employees. Acceptance of insurance certificates and endorsements required under this Lease Agreement does not relieve 24 Sierra from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined applicable to any of such damages or claims for damages. Sierra's obligations with respect to indemnification hereunder shall remain effective, notwithstanding the expiration or termination of this Lease Agreement, as to claims arising or accruing prior to the expiration or termination of this Lease Agreement.
Sierra's duty to indemnify the City shall survive the expiration or other termination of this Lease Agreement.
32.2 Indemnification of Sierra. The City shall hold harmless, indemnify, and defend Sierra and its officers, employees, and agents from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal Injury, bodily injury, loss of life or damage to any property, or violation of any relevant federal, state or local law or ordinance, or other cause occurring on the Leased Premises prior to Sierra's specific use and occupancy of the Leased Premises under this Lease Agreement. It is understood that the duty of the City to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code and that City shall at its own expense, upon written request by Sierra, defend any such suit or action brought against the Sierra, its officers, agents or employees.
33. Sub-Contractors. Sierra shall be entitled, to the extent determined appropriate by Sierra, to subcontract any portion of the work to be performed under this Agreement.
Sierra shall be responsible to the City for the actions of persons and firms performing subcontract work. The subcontracting of work by Sierra shall not relieve Sierra, in any manner, of the obligations and requirements imposed upon Sierra by this Agreement.
34. Audit and Examination of Accounts.
34.1. Use Reports. Sierra shall keep and shall maintain and shall provide to City on no less than a monthly basis, monthly activity reports showing the utilization of the Golf Course. The reports shall at a minimum include the number of rounds of golf played at the Leased Premises in detail satisfactory to the City Finance Director.
Concurrent with submittal of payment of the monthly rent and rate per round, Sierra shall submit to the Finance Director a written report detailing the gross receipts related to rounds played during the preceding calendar month.
34.2. Subcontractors. Sierra shall keep and will cause any assignee or subcontractor this Agreement to keep accurate records and reports, as provided above.
34.3. Accounting and Reporting Standards. Any audit conducted of books and records and accounts shall be in accordance with generally accepted professional standards and guidelines for auditing. Sierra agrees to make its books, records of account and supporting document available to City, its agents, or auditors, for inspection, audit, copying, during usual business hours, as may be requested by the City from time to time throughout the term hereof, solely for the purpose of verifying information submitted by Sierra in any report or financial statement required pursuant to this agreement, and for City's purposes in verifying Sierra's compliance with the terms of this agreement.
25 34.4. Availability of Records. Sierra hereby agrees to disclose and make available any and all information, reports or books of records or accounts pertaining to this Agreement to City or state or federal government which provides support funding for the services rendered under this Agreement.
34.5. Agreements With Assignees and Subcontractors. Sierra hereby agrees to include the requirements of this section in any and all contracts with assignees or subcontractors under this Agreement.
34.6. Maintenance of Records. All records provided for in this section are to be maintained and made available throughout the performance of this Agreement and for a period of not less than five (5) years, additionally any and all such records which pertain to actual disputes, litigation, appeals or claims shall be maintained and made available for a period of not less than five (5) years after final resolution of such disputes, litigation, appeals or claims.
35. Records and Reporting. In addition to any reporting or recordkeeping that may be required under this Lease Agreement, Sierra shall be responsible for making any regulatory reporting that may be required for any activities performed by it under this Lease Agreement and for performing all testing or monitoring that may be required for the proper performance of its obligations under this Lease Agreement. Sierra shall retain all records including, but not limited to, records and reports pertaining to the application and storage of pesticides, for the applicable time periods established under federal, state, and local law and regulations.
36. Access to Records. Sierra shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Lease Agreement on file for at least five (5) years. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Sierra's usual and customary business hours. Sierra shall provide proper facilities to City's representative(s) for such access and inspection.
37. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City's behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Lease Agreement shall vest with City at such time as City has compensated Sierra, as provided herein, for the services rendered by Sierra in connection with which they were prepared. Sierra acknowledges that any and all documents provided to City may become public records pursuant to California law. City agrees to hold harmless and indemnify Sierra against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications by City on any other project without written authorization of Sierra.
38. Sierra's Assumption and Waiver. Provided it is not caused by the City, its agents, employees or contractors, this Lease Agreement is made upon the express 26 condition that, and in consideration of City's leasing the Leased Premises as herein provided, Sierra voluntarily assumes all risk of loss, damage or injury to the person or property of Sierra, including the leasehold interest of Sierra herein, and of its officers, agents, employees, and invitees while such persons are on the Leased Premises, which during the term of this Lease Agreement may be caused by or arise in any manner from:
38.1. Aircraft Flights. flight of any aircraft of any and all kinds now or hereafter known in, through, across or about any portion of the airspace over the Leased Premises; or
38.2. Proximity to Airport. noise, vibration, currents or other effects of air, illumination or fuel consumption or fear thereof, arising or occurring from or during such flight, or from or during the use by such aircraft of Madera Municipal Airport facilities including, but not limited to, landing, storage, repair, maintenance, operation, warm-up, take-off of such aircraft, and the approach and departure of aircraft to or from said Airport; or
38.3. Proximity to Agricultural Operations. dust, fumes, agricultural spraying, or exposure to agricultural equipment and/or products and activities.
Sierra hereby waives and releases the City, its officers, employees, agents, and contractors from any and all claims or causes of action which it may now or hereafter have against the City, its officers, employees, agents or contractors, for any loss, damage or injury as outlined in this section.
39. Lease Agreement Subordinate to Agreements with the U.S.A. This Lease Agreement shall be subordinate to the provisions and requirements of any existing or future agreement between the City and the United States of American relative to the development, operation or maintenance of the Madera Municipal Airport. The City covenants that Sierra's proposed use of the Leased Premises is not in violation of any existing agreement between the City and the United States if America and that if Sierra's use and/or access to the Leased Premises is at any time materially and adversely affected by any agreement between the City and the United States of American, Sierra has the right to terminate this Lease Agreement upon prior written notice to the City.
40. War or National Emergency. This Lease Agreement and all the provisions hereof shall be subject to whatever right the United States Government has affecting the control, operation, regulation, and taking over of the Madera Municipal Airport or the exclusive and non-exclusive use of the Madera Municipal Airport by the United States during the time of war or national emergency only. If Sierra's use of and/or access to the Leased Premises is at any time materially and adversely affected by such rights and activities of the United States Government, Sierra has the right to terminate this Lease Agreement upon prior written notice to the City.
41. Use to Conform with Federal Aviation Regulations. Sierra agrees that Sierra's use of the Leased Premises, including improvements, modifications or alterations 27 thereon, shall comply with applicable Federal Aviation Regulations now in force or those that may hereafter be adopted by Federal authority. City covenants that Sierra's intended use of the Leased Premises is not in violation of the Madera Municipal Airport regulations and if Sierra's use permitted under this Lease Agreement is ever prohibited by the Madera Municipal Airport regulations or Federal Aviation Regulations, Sierra shall have the right to terminate this Lease Agreement upon prior written notice to City.
41.1. Protection of Aerial Approaches. City reserves the right to take any action it considers necessary to protect the aerial approaches of the Madera Municipal Airport against obstruction, together with the right to prevent Sierra from erecting, or permitting to erect, any building or other structures on the Madera Municipal Airport which, in the opinion of City, would limit the usefulness of the Madera Municipal Airport or constitute a hazard to aircraft.
41.2. Affect on Sierra. If City's actions in response to the foregoing materially and adversely affect Sierra's use and access of the Leased Premises, Sierra shall have the right to terminate this Lease Agreement upon prior written notice to City.
42. Waiver. No waivers, alterations or modifications of this Lease Agreement or any agreements in connection therewith shall be valid unless in writing duly executed by both City and Sierra.
43. Joint and Several Liability. If Sierra consists of more than one person or entity, then all members of Sierra shall be jointly and severally liable hereunder.
44. Compliance with Laws, Rules, and Regulations. Sierra's use and occupancy of the Leased Premises pursuant to this Lease Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.
45. Exhibits Incorporated. All exhibits referred to in this Lease Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Lease Agreement and any of the terms of any exhibit to the Lease Agreement, the terms of the Lease Agreement shall control the respective duties and liabilities of the parties.
46. Independent Contractor. It is expressly understood and agreed by both parties that Sierra, while using and occupying the Leased Premises and complying with any of the terms and conditions of this Lease Agreement, is a tenant of the City and is not an employee or agent of the City and this Lease Agreement is not intended, and shall not be construed, to create the relationship of agent, contractor, servant, employee, partnership, joint venture or association. Sierra expressly warrants not to represent, at any time or in any manner, that Sierra is an employee or agent of the City.
47. Integration and Agreement. This Lease Agreement represents the entire understanding of City and Sierra as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. No prior oral or written understanding shall be of any force and effect 28 with respect to those matters covered in it. This Lease Agreement may not be modified or altered except by amendment in writing signed by both parties.
48. Jurisdiction. This Lease Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Lease Agreement shall be in the State of California, in the County of Madera, or, if in the United States District Court, within the Eastern District of California.
49. Severability. If any part of this Lease Agreement is found to be in conflict with applicable laws, such part shall be inoperative. null and void insofar as it is in conflict with said laws, but the remainder of the Lease Agreement shall continue to be in full force and effect.
50. Notices.
50.1. Notices to City. Written notices to the City hereunder shall, until further notice by City, be addressed to:
City Administrator
City of Madera
205 W Fourth Street
Madera, California 93637
With a copy to:
City Attorney
City of Madera
205 W Fourth Street
Madera, California 93637
50.2. Notices to Sierra. Written notices to Sierra shall, until further notice by Sierra, be addressed to:
Sierra Golf Management
P.O. Box 788
Chowchilla, California 93610
50.3. Authority of City Administrator. The execution of any such notices by the City Manager of City shall be effective as to Sierra as if it were by resolution or order of the City Council, and Sierra shall not question the authority of the City Administrator to execute any such notice.
50.4. Form and Manner of Notice. All such notices shall either be delivered personally to the other party's designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.
29 51. Force Majeure. Neither City nor Sierra shall be deemed in breach of this Lease Agreement for failure to perform any of the obligations or duties imposed upon it under this Lease Agreement as the direct result of any reason beyond its reasonable control including, without limitation, acts of God, terrorist attacks, riots, strikes, fires, storms or any regulation of any federal, state or local government or agency thereof; however, such excuse shall continue only during the pendency of the particular occurrence or force majeure.
52. Nondiscrimination. For purposes of this Lease Agreement and for purposes of Sierra's use and occupancy of the Leased Premises, Sierra shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age or disability.
Sierra shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age or disability.
53. Non-Discrimination in Employment and Hiring. During the performance of this Agreement, Sierra shall not discriminate against any employee or applicant for employment or subconsultant, including in the procurement of materials and leases of equipment, because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. Sierra shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.
54. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Lease Agreement.
55. Multiple Copies of Lease Agreement. Multiple copies of this Lease Agreement may be executed, but the parties agree that the Lease Agreement on file in the office of the City Clerk is the version of the Lease Agreement that shall take precedence should any difference exist among counterparts of the document provided that the City provides to Sierra within ten (10) days of the filing thereof, a certified copy of the form of the Lease Agreement which was filed with the City Clerk.
56. Attorney's Fees. In case suit shall be brought to interpret or to enforce this Lease Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover its reasonable attorneys' fees in addition to such costs as may be allowed by the Court. City's attorneys' fees, if awarded, shall be calculated at the market rate.
57. Rights and Obligations Under Lease Agreement. By entering into this Lease Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Lease Agreement shall not create any rights in any party not a signatory hereto.
30 58. Licenses. If a license or permit of any kind, which term is intended to include evidence of registration, is required of Sierra, its representatives, agents or subcontractors by federal, state or local law, Sierra warrants that such licenses or permits have or will be obtained, are valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.
59. Counterparts. This Lease Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
60. Environmental Representations. City represents that the Leased Premises, the surrounding real property, and the existing use of the Leased Premises, and to the best of the City's knowledge, its prior uses, comply with, and the City is not in violation of, and has not violated, in connection with the ownership, use, maintenance or operation of the Leased Premises and the conduct of the business related thereto, any applicable federal, state, county, regional or local statutes, laws, regulations, rules, ordinances, codes, standards, orders, licenses and permits of any governmental authorities relating to environmental, health or safety matters (collectively, "Environmental Laws"). City shall, at its own expense, promptly obseNe and comply with all present and future Environmental Law, and all regulations or standards as are or may be promulgated thereunder. City represents that there is no fact pertaining to the physical condition of the Property or the area surrounding the Property which (i) materially and adversely affects or materially and adversely will affect the Property, or the use, enjoyment or value thereof, or Landlord's ability to perform the obligations contained in this Lease, and (ii) which Landlord has not disclosed to Tenant in writing prior to the date of this Lease. City represents that it has received no notices of any violation or claimed violation of any of the matters referred to above, or of any pending or contemplated investigation, lawsuit or other action relating thereto. The representations contained in this section shall suNive the expiration or earlier termination of this Lease Agreement.
61. Warranty of Authority. Each party represents and warrants that it has the right, power, and authority to enter into this Lease Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Lease Agreement for it, to enter into this Lease Agreement.
62. Legal Representation. Each party affirms that it has been represented by legal counsel of its own choosing regarding the preparation and the negotiation of this Lease Agreement and the matters and claims set forth herein, and that each of them has read this Lease Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Lease Agreement as an inducement to enter into this Lease Agreement.
63. Joint Representation. The language of all parts of this Lease Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Lease Agreement, or any part thereof, shall be applicable or invoked.
31 64. Right to Reopen. This Lease Agreement shall be subject to the right of either Party to reopen the terms and conditions of the Lease Agreement by written notice to the other Party within 180 days of the happening of one or more of the following events:
• The opening of North Fork Rancheria Casino within a two mile proximity to the Lease Premises;
• The catastrophic failure of wells and/or pump stations serving the Lease Premises;
• The opening and/or closing of public golf courses within a thirty (30) mile radius from the Lease Premises;
• The bankruptcy or insolvency of Sierra resulting from the operation of the Golf Course on the Lease Premises pursuant to this Lease Agreement; or • A change in legal and/or regulatory requirements imposing a verifiable burden on the cost of Golf Course operations in excess of Fifty Thousand Dollars ($50,000.00) in any calendar year, or otherwise directly and substantially limiting the number of rounds of golf played per calendar year.
During such negotiations, each Party shall make available to the other Party all nonprivileged records and information in each Party's possession related to each subject of negotiations. The Reopener will exclusively be negotiated between Sierra and the City.
The written notice of request to reopen the Lease Agreement shall set forth with particularity the facts supporting the exercise of the right to reopen and the issues to be negotiated.
32 IN WITNESS WHEREOF, the undersigned as authorized representatives of the City of Madera and of SGM, Inc. have entered into this Lease Agreement as of the date first written above.
ATTEST:
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MADERA MUNIOPAL GOLF COURSE
RENT OPTIONS
SGM·proposes a rent agreement based. on a combination of the (oilowing revenue centers:
L Base Fee
2. Price Per Round
3. Capital Improvement and Investment
Year Base Fee PerRot.m.d Est Rounds Est Rent Capital
1 2
3 4
5 6
7 8
9 10
To City Improvement
$24k $1.00 40,000 $ 64k $50k
$30k $1.00 50,000 $ BOk $50k
$36k $1.50 531000 $ 116k $50k
$36k $2.00 551000 $146k $50k
$36k $2.00 561500 $149k $50k
$40k $2.00 58,168 $156k $50k
$40k $2.00 59,913 $160k $50k
$40k $2.00 61,710 $164k $50k
$40k $2.00 63,561 $167k $50k
$40k $2.00 65,467 $171k $50k
)> Payments would be made on a monthly basis.
)> Capital Improvements will be funded throughout the fiscal year along with a year-end report and itemizing of all improvements.
)> Current Capital Improvement funds in account to be retained for future use )> Rent would include use of all current maintenance equipment
CAPITAL IMPROVEMENT PLAN
We develop and utilize Capital Improvement Plan lists as a guide.. All items listed in this report are important,. however, we feel that in order to improve the a.rrrent condition of the golf course the items of most importance are irrigation, equipment replacement and improvement of the greens. Note that many of these items have additional budget line item amounts already in the Operations Budget
Maintenance Operations will be funded at a much higher level than previously, especially in the line items of irrigation repair, fertilization,. herbicides, fungicides, labor and utilities (irrigation delivery).
YEAR1:
•!• EQUIPMENT:
o Repair and replace existing old and dated equipment
.:• GREEN IMPROVEMENT
o Begin proper scheduling of all fertilization programs o Begin Integrated Pest Management Program
o Eliminate all noxious grasses. Begin herbicide program to eliminate crab grass and promote bent grass growth
o Improve NUFSery Green
•:+ IRRIGATION:
o Replace or repair any and all defective heads
o Repair or replace valves
o Repair defective wiring to satelljtes
o Replace outdated satellites
o Perform bi-annual system checks on all pump stations
o Identify and repair drainage where needed
+ LANDSCAPING:
o fmprove front landscaping, replace certain shrubs, add annual color to flower beds in front and back
+ SIGNAGE:
o Replace all Tee Markers on golf course
o Improve and add signage to facility
•:+ GOLF SHOP
o Replace current POS system with new updated rash control system
o Replace golf carts
•:+ PRACTICE FACILITY:
o Top dress and overseed top of hitting area
o Develop additional target area, overseed
o Develop and isolate ... private practice area,.
(• TEE BOX AREAS:
o Level, expand and add existing teeing areas where needed o Overseed all teeing areas in fall
YEAR2:
o Eradicate all crabgrass and implement herbicide program o Develop additional teeing areas on course
•:+- CLUBHOUSE:
o Paint interior of bar
o Replace outside tables and Patio furniture
o Replace cmTent POS system with new updated cash control system
•:+- BUNKERS:
o Begin repair of defective drains. Add and reshape. replace sand •!• LAKES:
o Remove all tulles and debris from main Jake. Increase capacity •!• SURROUNDS:
o Overseed all surrounds and approach areas
<• CLUBHOUSE
o Improve banquet facilities
o Begin replacement of furnishings in bar
o Sluny and strip parking lot
•!+- TEEBOXAREAS
o Continue to enlarge existing tees and add additional teeing areas where needed
•!+- CART PATII ADDffiONS
o Identifyareas for cart path extension and improvement in key high traffic areas
•> TREE MANAGEMENT
o Remove and replace dead trees
o Prune and shape
o Develop small tree nursery
<• BUNKERS:
o Continue repair of drains, reshaping and replacement of sand <• PRACTICE FACILITY
o Add covered area for enhanced teaching
o Develop additional practice area in rear of range
•!• CLUBHOUSE
o Paint exterior of building
o Develop RV parking spaces
•!• EQUIPMENT
o Add or replace key major piece of maintenance equipment YEAR3:
YEAR4:
YEARS:
<• IRRIGATION
0 Add additional pump station to tie into new lake
•> LAKE ADDmONS
o Line and cap additional lake feature
<• GOLF SHOP
o Paint exterior of shop
o Improve wash station
+ EQUIPMENT
o Add or replace key pieces of maintenance equipment
•!• CART PATii ADDTIONS
o Q>ntinue to add concrete paths in key. high traffic areas •> TEE' BOX AREAS
o Expand, enlarge and add teeing areas where needed
•> PRACTICE FACILITY:
o Add additional chipping, bunker prartice areas
•> CLUBHOUSE
o Paint and refresh all restrooms
+ LAKE ADDmONS
o Line and cap additional lake feature
<• GOLF SHOP
o Replace carpet
o Paint interior
o Replace golf carts
<• CART PATH ADDmONS
o Continue to add concrete paths in key, high traffic areas <• EQUIPMENT
o Add or replace key pieces of maintenance equipment
<• CLUBHOUSE
o Replace flooring where needed
o Paint interior of banquet rooms
+ CLUBHOUSE:
o Create «Outside Arbor'" for special events
o Expand square footage on all smaller greens
+ LAKE ADDmONS
o Line and cap additional lake features
+ TEE BOX AREAS
o Expand, enlarge and add teeing areas where needed
INVENTORY OF EQUIPMENT
QUANTITY ITEM
I John Deere 1000 Tractor Mounted Aerators
I Planet Air Tow Behind Aerator
2 John Deere Diesel Utilitv Vehicle
1 Cushman Truckster Utility Vehicle
3 Suzuki Quad Runner
1 Super Star 2WD Trap Rake
1 Smithco Trap Rake
I Turfco Topdressor Pull Behind Models
1 Spray Star Greens Sprayer
1 Smith.co Fairway Boom Sprayer
1 3-Y ard Dumo Trailer
2 Kubota L3250-TS Tractor (a with fiont end loader)
1 Golf Eauinment Lift
1 Grinder for Reel Mowers
I Bed Knife Grinder
3 Spare Rollers, pull behind mower
3 Spare Verti.cut rollers
3 Spare Cutting Units
4 Shop Work Benches 3-wood, I-metal
I 250 Amp Welder
Misc Spare Tires
Misc Equipment repairs parts and suoolies
1 Air Compressor
1 Bench Grinder
2 Vise's-Bench Mount
2 Metal Racks and Shelves
Misc Cuo Cutters
Misc Water Squeegee
Misc Spare Fla~ Poles
Misc Spare Cttps
1 Ice Machine
1 ~Mat
3 Sod Cutters
1 Trash.Pump
2 Drop Spreaders
1 Power Washer
1 Flammable Storage Container
Misc Fuel Cans
1 Oil Drum
2 Desk and Chairs, misc. office suoolies
Misc Irrigation Suoolies
Misc Concrete Tools
I Motorized sod cutter
Misc Hand Tools
2 Storage Sheds
1 Parts Washer
I Core Harvester Unit
1 300 Gallon Diesel Tank
3 Spreaders
2 Hand Pumps
2 Ed.Rer"s
I Pull Behind Blower
2 Hand Held Blower
1 Back Pack Sprayer
1 24' Cargo Trailer
1 Lilly Spreader
1 Gannon Box Scra:ooer
I 12' Trailer
2 Ladders
First Amendment
Second Amendment
SECOND AMENDMENT TO
MADERA MUNICIPAL GOLF COURSE
OPERATION AND MANAGEMENT LEASE AGREEMENT
This Amendment (the "Amendment") to the previous agreement titled "Madera Municipal Golf Course Operation and Management Lease Agreement" dated October 7, 2009, as amended from time to time, (the "Agreement") is made and entered into this 3rd day of July, 2013 by and between the City of Madera, hereinafter called "City," and SGM Inc. dba Sierra Golf Management, hereinafter referred to as "Sierra."
WITNESSETH:
WHEREAS, the City owns and operates the Madera Municipal Golf Course for the use and benefit of the public; and
WHEREAS, the City and Sierra entered into a Lease Agreement dated October 7, 2009 for Operation and Management of the Madera Municipal Golf Course; and WHEREAS, said Lease Agreement was amended November 18, 2009 by mutual consent of City and Sierra; and
WHEREAS, the City and Sierra desire to further amend said Lease Agreement to clarify each parties responsibilities regarding payment of Proposition 218 Benefit Assessments due annually to the Madera Irrigation District (MID).
NOW THEREFORE, it is hereby agreed that the Agreement between the parties is amended in the following particulars only:
Amendment 1. Section 19 of the Agreement is amended to read as follows:
19. Taxes. Throughout the Initial Term and Renewal Term of this Lease Agreement, Sierra shall pay before they become delinquent all real property tax obligations of any kind assessed against the Leased Premises in addition to all taxes and assessments imposed on any personal property, equipment or trade fixtures belonging to Sierra and located on the Leased Premises. Except as otherwise stipulated in Section 19.1, beginning on the Effective Date and for each year thereafter, Sierra shall be responsible for any applicable possessory interest tax assessed or levied against the Leased Premises and shall make timely payment thereof.
19.1 Madera Irrigation District (MID) Proposition 218 Benefit Assessments. City shall pay annual Proposition 218 Benefit Assessment as determined and invoiced by the Madera Irrigation District (MID) for Golf Course property including but not limited to that described by Madera County Assessor's Parcel # 013-010-039.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by and through their respective officers duly authorized on the date first written above.
City of Madera
ATTEST:
By: ~ lltw ''''"""''' ')f ,, , ,,, M ,,, WI..( ......... ''~'{ Of 'AD,c-'',,,, "" ~ ••••••• <:..- ~ soniaAIVarez, City Cle k f G ••• ~PO .i~··.~"'1 ~-;.
APPROVED AS TO FORM:
~ ~ (.i ~·. -- .. . ~ ,:,...,. - =
- :~ ~~ = - . . ..... . . -- -- . . - . . - ;. • -.. March 27, 1907 l • E ~ •.. •.· ~ ~ .. .. .: '#c···········~,, 11 '' "'1l IF0 °~\ , ......... ,,, " ,,, ,,,,,,, ...... ...
Third Amendment
THIRD AMENDMENT TO MADERA MUNICIPAL GOLF COURSE OPERATION AND MANAGEMENT LEASE AGREEMENT BETWEEN THE CITY OF MADERA AND SIERRA GOLF MANAGEMENT, INC.
This 3rd Amendment to the previous Agreement titled "MADERA MUNICIPAL GOLF COURSE OPERATION AND MANAGEMENT LEASE AGREEMENT", dated October 7, 2009 is made and entered into this 15th day of October 2014, by and between the CITY OF MADERA, a California municipal corporation, (hereinafter referred to as "CITY"), and SGM Inc. dba Sierra Golf Management Inc., Post Office Box 788 Chowchilla, California 93610, hereinafter. referred to as "Sierra" both hereinafter collectively referred to as "the parties."
WITNESSETH:
WHEREAS, CITY and SIERRA entered into an agreement on October 7, 2009, to contract with Sierra to provide services related to the operation and management of the Madera Municipal Golf Course (the "Agreement"); and
WHEREAS, CITY and Sierra desire to modify said Agreement by changing certain terms and conditions as detailed below.
NOW THEREFORE, it is hereby agreed that the Agreement between the parties is amended in the following particulars only:
1. Section 2. Term is amended to read as follows:
2. Term. This Lease Agreement shall commence on November 1, 2009 (the "Effective Date") and shall continue in full force and effect for a period of ten (10) years ("Initial Term"), thereafter terminating on October 31, 2019 ("Termination Date"), unless extended sooner or otherwise terminated sooner as provided herein, save and except, Sierra's lease of the clubhouse and banquet facilities and food and beverage operation shall not commence until March 15, 2010, unless the current tenant agrees to terminate its tenancy and vacate earlier than March 15, 2010, and which shall terminate on October 31, 2019.
The City may, in its sole discretion, grant one (1) option to Sierra to extend this Lease Agreement ("Renewal Option"), for an additional five (5) year period ("Renewal Term"), which Renewal Option will only take effect upon the mutual written consent of the parties.
The City shall give Sierra no less than 180 days written notice of its intent to extend the Lease for an additional five (5) year period, at which point the City shall enter into negotiations with Sierra to extend this lease Agreement beyond the Renewal Term. The parties agree to negotiate in good faith. In the event City and Sierra are unable during such 180-day period to reach agreement on the lease terms, this Lease Agreement shall terminate and shall be of no further force and effect and except as may specifically be provided for elsewhere in this Lease Agreement, neither City not Sierra shall have any further obligations hereunder.
2. Section 5.1 Base Rent is amended to read as follows:
5.1. Base Rent. Commencing on the Effective Date, Sierra shall pay to City monthly Base Rent for the use and occupancy of the Leased Premises, on the tenth day of each calendar month throughout the Initial Term and the Renewal Term, without deduction, offset, prior notice or demand, except as otherwise specifically set forth in this Lease Agreement. Base rent through the entire Initial Term and through the Renewal Term shall be as follows:
Year 1: $24,000 per year /.J IV '1.. o e rl - ()l -1 . , 2 o I() Year 2: $30,000 per year 1 o I U 'l ~I I
Year 3: $36,000 per year 2 o I I 2u12
Year 4: $36,000 per year 201 l '2. (I I~
Year 5: $36,000 per year 701) 2?14-
Year 6: $40,000 per year ,._,a \I 7.od {;(,-( '?I U•I r Year 7: $40,000 per year
Year 8: $40,000 per year
Year9: $40,000 per year
Year 10: $40,000 per year
Renewal Year 11: $40,000 per year
Renewal Year 12: $40,000 per year
Renewal Year 13: $40,000 per year
Renewal Year 14: $40,000 per year
Renewal Year 15: $40,000 per year
3. Section 5.2 Per Round Rate is amended to read as follows:
5.2. Per Round Rate. In addition to Base Rent, Sierra agrees to pay to the City a "per round" rate that establishes an initial rate of $1.00 per round but increases in later years as set forth below. Sierra agrees to pay to the City a "per round" rate of $1.00 per round for footgolf for the term of the Agreement. The rate per round will be paid on the tenth day of each calendar month throughout the Initial Term and the Renewal Term, without deduction, offset, prior notice or demand, except as otherwise specifically set forth in this Lease.
Year 1: $1.00 per round
Year 2: $1.00 per round
Year 3: $1.50 per round
Year4: $2.00 per round
Year 5: $2.00 per round
Year 6:
Year 7:
Year 8:
Year9:
Year 10:
Renewal Year 11:
Renewal Year 12:
$2.00 per round
$2.00 per round
$2.00 per round
$2.00 per round
$2.00 per round
$2.00 per round
$2.00 per round
2 Renewal Year 13:
Renewal Year 14:
Renewal Year 15:
$2.00 per round
$2.00 per round
$2.00 per round
4. Section 5.6 Capital Improvements is amended to read as follows:
5.6 Capital Improvements. Commencing on the Effective Date, Sierra shall make Capital Improvements to the Leased Premises in order to improve the current condition of the golf course and clubhouse facilities, consistent with the Capital Improvement Plan identified in Exhibits A. The Capital Improvement Plan will serve as a guide for improvements; however for the purposes of this agreement, Sierra shall make an annual expenditure of not less than $50,000 per calendar year for Capital Improvements to the Leased Premises throughout the Initial Term and the Renewal Term, without deduction, offset, prior notice or demand, except as otherwise specifically set forth in this Lease Agreement.
Year 1: $50,000 per year
Year 2: $50,000 per year
Year 3: $50,000 per year
Year 4: $50,000 per year
Year 5: $50,000 per year
Year 6: $50,000 per year
Year 7: $50,000 per year
Year 8: $50,000 per year
Year9: $50,000 per year
Year 10: $50,000 per year
Renewal Year 11: $50,000 per year
Renewal Year 12: $50,000 per year
Renewal Year 13: $50,000 per year
Renewal Year 14: $50,000 per year
Renewal Year 15: $50,000 per year
5. Section 5.8 Rent Payment and Per Round Payment is amended to read as follows:
5.8 Rent Payment and Per Round Payment. Delay by the parties in computing or collecting the Base Rent and Per Round Payments or the acceptance by City of the incorrect amount of Base Rent or Per Round payments shall not relieve Sierra of its obligations to pay such rent to the City. Sierra waives any applicable statute of limitations which could defeat the City's right to collect the Base Rent. All rental payments due under this Section 5 shall be made payable to the City of Madera and shall be delivered to the City of Madera Finance Department at 205 W. Fourth Street Madera, California 93637. Any failure to make Base Rent Payments and/or Per Round Payments that is more than sixty (60) days delinquent shall constitute substantial breach of this Lease Agreement.
3 6. Section 7.16 Americans With Disabilities Act (ADA) and Title 24 Compliance is amended to read as follows:
7.16 Americans With Disabilities Act (ADA) and Title 24 Compliance. With respect to any capital improvements made by Sierra during the term of this Lease Agreement including, but not limited to, those capital improvements made through the use of Capital Improvement funds established pursuant to Section 5.5 of this Lease Agreement, Sierra shall ensure that all buildings, structures, and other facilities constructed or improved by it are constructed or improved in such a manner as to be in compliance with the Americans With Disabilities Act (ADA) and Title 24. With respect to all other ADA or Title 24 required improvements, City shall be responsible for making any repairs or improvements necessary to bring the buildings, structures, and other facilities into compliance with the ADA and with Title 24.
7. Section 8.3 Project Director is amended to read as follows:
8.3. Project Director. The Director of Parks & Community Services shall act as City's representative with respect to the work to be performed under this Lease Agreement. Such person shall have the complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment, elements, and systems pertinent to Sierra's services. City may unilaterally change its representative upon notice to the Sierra.
8. Exhibit "A" is replaced with new Exhibit "A" attached hereto.
9. All other terms and conditions that are not hereby amended are to remain in full force and effect.
************
4 IN WITNESS WHEREOF, the parties authorized agents have executed this Agreement as set forth below.
ATTEST:
APPROVED AS TO FORM:
,,,,''~ '''''""'' Qf MAD,,,,,,, '''
' ..... CJ{\ .:\. •• •••••••• PO •• lt"',o 7.A .... " .;:- •• ·"'~ /?.., • •. , -:.. .. • v ~· - .. • (.j ,~·· .. E l~ o·~ : ~ - . . - ~-------· .... : : ..,,..,,......~~~ .. • • .. ~~------~~.___,....,.•\ March 27, 1907.l v_ g Brent Richardson, -. • • ? .. ~ ·.• ..· ~ City Attorney ... ,,. e,,,;· .......... \'I:(- .f '',,,,,,l I FORt-\ ,,,, ..... ,,,,.,, .... ,.,, 5 Exhibit A
MADERA MUNICIPAL GOLF COURSE
RENT OPTIONS
SGM proposes a rent agreement based on a combination of the following revenue centers:
1. Base Rent
2. Price per Round
3. Capital Improvement and Investment
VEAR Base Per Round Estimated Per Round Estimated Est. Rent Capital Fee Golf Rounds Foot Golf Rounds to City Improvement
*6. 40k $2.00 46,000 $1.00 1,200 $133,200 $50,000
7. 40k $2.00 47,858 $1.00 1,400 $137,116 $50,000
8. 40k $2.00 49,791 $1.00 1,600 $141,182 $50,000
9. 40k $2.00 50,787 $1.00 1,800 $143,374 $50,000
10. 40k $2.00 51,803 $1.00 2,000 $145,606 $50,000
11. 40k $2.00 52,839 $1.00 2,000 $147,673 $50,000
12. 40k $2.00 53,896 $1.00 2,000 $149,792 $50,000
13. 40k $2.00 54,000 $1.00 2,000 $150,000 $50,000
14. 40k $2.00 54,000 $1.00 2,000 $150,000 $50,000
15. 40k $2.00 54,000 $1.00 2,000 $150,000 $50,000
*Year 6 represents the 6th year of the Amended Lease Agreement to commence November 1, 2014.
Exhibit A
~ Payments would be made on a monthly basis.
~ Capital Improvements will be funded throughout the fiscal year along with a year-end report and itemizing of all improvements.
~ Current Capital Improvement funds in account to be retained for future use ~ Rent would include use of all current maintenance equipment
MADERA GOLF COURSE
FIVE-YEAR CAPITAL IMPROVEMENT PLAN
We develop and utilize Capital Improvement Plan ists asa guide. Items listed in this report are important, however, we ( SG M) feel that in order to improve the current condition of the golf course the items of most importance are irrigation, equipment replacement and improvement of the greens. Note that many of these items have additional budget line item amounts already in the Operations Budget.
Maintenance Operations will be funded ata much higher level than previously, especially the line items of irrigation repair, fertilization, herbicides, fungicides, labor and utilities (irrigation delivery} 2014-15
• Add "Target areas" and Target greens" on driving range. • Replace old carpet in Clubhouse.
• Continue irrigation improvement plan on perimeters.
• Parking lot improvement.
2015-16
• Paint exterior of clubhouse
• Replace Golf Shop carpet
• Mower replacement
• Irrigation improvement
2016-17
• Replace foggy windows
• Well upgrade
• Irrigation pump station upgrade
• Equipment addition
2017-18
• Remodel ladies bathroom
• Enhance Clubhouse bathrooms
• Add liners to greenside bunkers
• Purchase utility maintenance vehicles
•
2018-19
• Landscape improvement around building
• Purchase Fairway mower
• Tree maintenance
Exhibit A Page 2 of 2
Fourth Amendment
FOURTH AMENDMENT TO MADERA MUNICIPAL GOLF COURSE OPERATION AND MANAGEMENT LEASE AGREEMENT BETWEEN THE CITY OF MADERA AND SIERRA GOLF MANAGEMENT, INC.
This Fourth Amendment to Madera Municipal Golf Course Operation and Management Lease Agreement ("Fourth Amendment") is made by and between the CITY OF MADERA, a California municipal corporation, ("CITY"), and SGM Inc. dba Sierra Golf Management Inc., Post Office Box 788 Chowchilla, California 93610 ("Sierra") both hereinafter collectively referred to as "the Parties."
RECITALS
WHEREAS, CITY and SIERRA entered into an agreement on October 7, 2009, to contract for the operation and management of the Madera Municipal Golf Course ("Agreement"); and WHEREAS, the Parties executed a Second Amendment to Agreement on July 3, 2013, and a Third Amendment to Agreement on October 15, 2014; and
WHEREAS, CITY and Sierra desire to extend the termination date of Agreement from October 31, 2019, to April 30, 2020.
AMENDMENT
1. Section 2 of the Agreement entitled "Term" is amended by adding a third paragraph. Section 2 shall now read as follows :
This Lease Agreement shall commence on November 1, 2009 (the "Effective Date") and shall continue in full force and effect for a period of ten (10) years ("Initial Term"), thereafter terminating on October 31, 2019 ("Termination Date"), unless extended sooner or otherwise terminated sooner as provided herein, save and except, Sierra's lease of the clubhouse and banquet facilities and food and beverage operation shall not commence until March 15, 2010, unless the current tenant agrees to terminate its tenancy and vacate earlier than March 15, 2010, and which shall terminate on October 31, 2019.
The City may, in its sole discretion, grant one (1) option to Sierra to extend this Lease Agreement ("Renewal Option"), for an additional five (5) year period ("Renewal Term"), which Renewal Option will only take effect upon the mutual written consent of the parties. The City shall give Sierra no less than 180 days written notice of its intent to extend the Lease for an additional five (5) year period, at which point the City shall enter into negotiations with Sierra to extend this Lease Agreement beyond the Renewal Term. The parties agree to negotiate in good faith. In the event City and Sierra are unable during such 180-day period to reach agreement on the lease terms, this Lease Agreement shall terminate and shall be of no further force and effect and except as may specifically be provided for elsewhere in this Lease Agreement, neither City not Sierra shall have any further obligations hereunder.
Notwithstanding the foregoing, the Parties are currently negotiating renewal of the Agreement for an additional period. To ensure that the Agreement does not terminate on October 31, 2019, this Agreement shall be extended until April 30, 2020.
2. Except as amended by this Fourth Amendment, all terms and conditions of the Agreement shall continue in full force and effect.
3. This Fourth Amendment shall be effective on October 2 2019.
IN WITNESS WHEREOF, the City of Madera has caused this Fourth Amendment to Agreement to be executed on its behalf by its Mayor and duly attested by its City Clerk, and SGM Inc. dba Sierra Golf Management Inc. has executed this Fourth Amendment to Madera Municipal Golf Course Operation and Management Lease Agreement on the day and year written below.
I
Alicia Gonzales, City Clerk
Fifth Amendment
Sixth Amendment
Seventh Amendment
4/27/23
Eighth Amendment
5/25/23
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: June 21, 2023
_________________________________ Agenda Number: __________ Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Agreement with Michael Baker International for Preparation of the City of Madera 6th Cycle Housing Element Update and California Environmental Quality Act (CEQA) Documentation RECOMMENDATION:
Adopt a resolution approving the professional services agreement with Michael Baker International for preparation of the City of Madera 6th Cycle Housing Element Update and California Environmental Quality Act (CEQA) Documentation for a cost of $326,650 SUMMARY:
The State of California Government Code provides the legislative body of each city shall adopt a comprehensive, long-term general plan for the physical development of the city and that the General Plan shall include a mandatory eight elements; including a housing element to assure that cities recognize their responsibilities in contributing to the attainment of the state housing goal. The Housing Element is a critical part of the City’s General Plan and serves as the principal guide for housing programs and strategies to address housing needs. A housing element adopts plans and regulatory systems that provide opportunities for (and do not unduly constrain) housing development; and designates and maintains a supply of land and adequate sites suitable, feasible, and available for the development of housing sufficient to meet the locality’s housing needs. The City must update its housing element every eight years. To date, there have been five previous housing element update “cycles.” California is now in its sixth “housing element update cycle.” The City adopted its 5th cycle 2016-2024 housing element update on December 2, 2015, and is required to prepare its 6th housing element update cycle for the years 2024-2032.
The City prepared a request for proposals (RFP No. 202223-08) from qualified consulting firms, or individual consultants, to prepare a 6
th cycle housing element update, and other related General Plan amendments, rezoning, related regulatory modifications as required by State law, and associated California Environmental Quality Act (CEQA) compliance.
Four proposals were received in response to the RFP. The subject item has been scheduled on the Council’s agenda and presented with staff’s recommendation of a preferred consultant for Council consideration of award of a contract.
D-3
DISCUSSION:
The RFP was released from February 18, 2023, through March 17, 2023, with the proposal due date subsequently extended to March 24, 2023, through an addendum to the RFP.
As advertised in the RFP, the 6th cycle housing element update is to be internally consistent with the City’s General Plan and in compliance with State statutes so as to be certified by the California Department of Housing and Community Development. The Housing Element must be updated to include City policies, strategies, and actions to facilitate the construction of new housing and preservation of existing housing to meet the needs of the population during the planning cycle (2024–2032) for all economic segments.
The Housing Element Update must also address the City’s Regional Housing Needs Assessment (RHNA) allocation.
As an identified disadvantaged community, the Housing Element Update also triggers the need to prepare an Environmental Justice Element pursuant to SB 1000. These additional updates needed to be taken into account in the Consultant’s proposal to the housing element update. In addition, proposals must address the update of the City’s Health and Safety Element pursuant to SB 379, and the preparation of an Environmental Justice Element pursuant to SB 1000.
Four responsive and responsible proposals were received in response to the RFP (see Table 1 below).
Table 1: Proposals Received
4Leaf, Inc.
Michael Baker International
Reality Planners Group, Inc.
Rincon Consultants, Inc.
All proposals received were evaluated by, and within the sole judgement and discretion of, a City of Madera Selection Committee (Committee). The Committee was composed of City staff with expertise or experience in the services described within the scope of work identified in the RFP. The Committee reviewed the submittals and ranked the proposers based upon an evaluation of each proposal meeting the qualification requirements set forth in this RFP.
Proposals were evaluated according to five evaluation criteria identified in the RFP and scored on a zero to five-point rating. These criteria included: (1) Completeness of Response; (2) Qualifications and Experience; (3) Scope of Services & Scheduling; (4) References; and, (5) Fee Schedule. The scores for all the Evaluation Criteria were then multiplied according to their assigned weight to arrive at a weighted score for each proposal. A proposal with a high weighted total was deemed of higher quality than a proposal with a lesser-weighted total. The final maximum score for any project was five hundred (500) points (see Table 2 below).
Table 2: Evaluation Criteria and Assigned Weights
Criteria Weights
Completeness of Response 20
Qualifications & Experience 20
Scope of Services & Scheduling 30
References 10
Fee Schedule 20
Feasibility in terms of the technical or schedule commitments was also deemed reflective of inherent technical competence and indicative of an ability to comprehend the complexity and risk of the City requirements as set forth in this RFP. No oral interviews were deemed necessary for purposes of the Committee’s recommendation.
After an extensive evaluation process, the Evaluation Committee recommends Michael Baker International, a firm with extensive experience working on behalf of over 100 California municipalities and more than 20 housing elements for 6th cycle updates, for award of contract to the City Council. Final evaluation scores are listed in Table 3 below.
Table 3: Evaluation Scores
Proposers / Firms Evaluation Ranking Overall Weighted Score 4Leaf, Inc. 3 360
Michael Baker International 1 418
Reality Planners Group, Inc. 4 355
Rincon Consultants, Inc. 2 373
The work plan proposed by Michael Baker International identified a scope which included all of the tasks requested in the RFP; however, the order of certain tasks was restructured based on the firm’s experience and knowledge gained from updating 20 other 6th Cycle Housing Elements. In addition, certain tasks were noted as optional in order to prioritize both funding and staffing resources toward the Housing Element update and its statutory deadline. The Safety Element and Environmental Justice Element, while mandatory, do not have statutory deadlines and were therefore listed as optional.
The Committee recommends the Council award a contract based upon the Scope of Services and Schedule of Compensation included as Exhibits A and B within the Professional Services Agreement attached to the Council Resolution proposed for adoption; but, limited to the Fixed Tasks 1 through 6.2 and excluding Optional Tasks 7 through 10.1. The cost proposal for these services totals $326,650, which includes a Miscellaneous Tasks and Contingency (time and material) value of $30,000 (approximately 10% of the total cost of all regular/fixed tasks) as a contingency to account for unforeseen circumstances or miscellaneous City requests or modifications to the scope once underway.
FISCAL IMPACT:
This agreement and fee schedule is for a fixed, not to exceed fee/dollar amount based upon the estimated hours associated with the scope of services, identified tasks, and respective cost proposal (Schedule of Compensation) received in response to the RFP (with the exception of the tasks noted as time and materials, for which funds can only be used with prior City authorization and would be billed on a time and materials basis). The consultant reserves the right to adjust and transfer hours between staff and tasks. The Consultant shall not be compensated for any services rendered in connection with its performance of the agreement which are in addition to or outside of the Scope of Services unless such additional services are authorized by the City in advance and through bi-lateral modification to the professional services agreement. The City Manager is authorized to approve such modifications on behalf of the City up to 5% of the original contract price. Any other changes to this Agreement or the scope of services or an amount exceeding 5% of the original contract shall only be accomplished by written Agreement approved by the City Council and Consultant.
This agreement will be financed in part by Regional Early Action Plan (REAP) Grant funding of $300,000 and the balance of funds financed by money proposed to be set aside in the Planning Department FY 2023/24 annual operating budget.
ALTERNATIVES:
As an alternative, the Council may elect to:
1. Not approve the proposed agreement
2. Direct staff to re-release the RFP or return to Council with an alternative consultant from the existing RFP for consideration.
ATTACHMENTS:
1. Resolution Approving the Professional Services Agreement with Michael Baker International Exhibit 1 – Professional Services Agreement
Exhibit A – Scope of Services
Exhibit B – Schedule of Compensation
Exhibit C – Insurance Requirements
ATTACHMENT 1
Resolution Approving the Professional Services Agreement with Michael Baker International
Including:
Exhibit 1 – Professional Services Agreement
Exhibit A – Scope of Services
Exhibit B – Schedule of Compensation
Exhibit C – Insurance Requirements
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCILOF THE CITY OF MADERA APPROVING
THE PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER
INTERNATIONAL FOR PREPARATION OF THE CITY OF MADERA 6TH CYCLE
HOUSING ELEMENT UPDATE
WHEREAS, the City of Madera (“City”) is in need of professional services from a qualified consulting firm in connectionwith its effortsto prepare its 6th housing element cycle update ; and
WHEREAS, the City issued a Request for Proposals (RFP No. 202223-08) for Preparation of the City of Madera Housing Element and CEQA Documentation between February 18, 2023 and March 24, 2023; and
WHEREAS, the City posted the RFP to the City’s website, published in the Madera Tribune, and delivered to multiple known vendors in the State of California; and WHEREAS, the City received four responsive and responsible proposals and bids in response to the RFP; and
WHEREAS, Michael Baker International, has been identified as the best qualified consultant by the City’s Selection Committee to provide professional services pursuant to this professional services agreement; and
WHEREAS, a professional services agreement has been prepared between the City and Michael Baker International.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY finds, orders, and resolves as follows:
1. The above recitals are true and correct.
2. The City Council approves the Professional Services Agreement with Michael Baker International, which is attached hereto as Exhibit 1.
3. This resolution is effective immediately upon adoption. *******
Exhibit 1
Professional Services Agreement
Including:
Exhibit A – Scope of Services
Exhibit B – Schedule of Compensation
Exhibit C – Insurance Requirements
CITY OF MADERA
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is made and entered into the 21st day of June, 2023, by and between the CITY OF MADERA, a municipal corporation of the State of California, hereinafter called “City” AND Michael Baker International, hereinafter called “Consultant”.
RECITALS
A. City desires to obtain consultant services to prepare a Housing Element Update, and other related General Plan amendments and rezoning as necessary related regulatory modifications as required by State law, as well as associated California Environmental Quality Act (CEQA) compliance. (“Services”) and issued a Request for Proposals for said Services.
B. Consultant is a firm specializing in preparation of the Housing Element Update, and other related General Plan amendments and rezoning as necessary related regulatory modifications as required by State law, as well as associated California Environmental Quality Act (CEQA) compliance, with the necessary experience to provide desired Services to the City and submitted a proposal to the City.
C. City desires to retain Consultant to provide said Services, as detailed further herein.
D. City desires to retain Consultant, and Consultant desires to provide City with the Services, on the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:
AGREEMENT
1. Scope of Services. Consultant shall perform, to the satisfaction of City in accordance with this Agreement, the Services, excluding Optional Task 7 through Optional Task 10.1, described in the “Scope of Services” attached hereto as Exhibit A and incorporated by herein by this reference.
Consultant shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein.
2. Commencement of Services; Term of Agreement. Consultant shall commence the Services upon City’s issuance of a written "Notice to Proceed" and shall continue in full force and effect for three (3) year(s) unless otherwise terminated by the City. The term may be extended by the City Manager in writing, if mutually agreed to at least 90-days in advance of expiration, for a period not to exceed two (2) additional one-year extensions.
(a) Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors assigned to perform the Services under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors assigned to perform the Services under this Agreement. (b) Additional Services. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreement or listed in Exhibit A unless such additional services are authorized in advance through bi-lateral written modification to this Agreement. The City Manager is authorized to approve such modifications on behalf of the City up to 5% of the original contract price. Any other changes to this Agreement or the scope of services or an amount exceeding 5% of the original contract shall only be accomplished by written Agreement approved by the City Council and Consultant.
3. Compensation for Services. City shall compensate Consultant for rendering the Services as follows:
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant by the amounts specified in the Schedule of Compensation, excluding fees for Optional Task 7 through Optional Task 10.1, attached hereto as Exhibit B and incorporated herein by this reference.
(b) Each month Consultant shall invoice City for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by subcategory), travel, materials, equipment, supplies, and subconsultant contracts. (c) City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. The invoiced amount shall be paid within 30 calendar days unless City disputes any charges or expenses. If any charges or expenses are disputed, City shall pay the undisputed amount, and notify Consultant of the nature and amount of the disputed charge or expense. The parties shall seek to resolve the disputed items(s) by mutual agreement.
(d) Payment to Consultant for work performed under this Agreement shall not be deemed to waive any defects in work performed by Consultant.
4. Independent Contractor Status. Consultant and its subcontractors shall perform the Services as independent contractors and not as officers, employees, agents, or volunteers of City. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant’s employees or subcontractors, any claim or right of action against City. Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Consultant or its agents or employees perform the services under this Agreement.
5. Qualifications, and Professional Standards. Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement. Consultant represents that to the extent Consultant utilizes subcontractors, such subcontractors are, and will be, qualified in their fields. Consultant also expressly represents that both Consultant and its subcontractors, if any, are now, and will be throughout their performance of the Services under this Agreement, properly licensed or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement. Consultant and its subcontractors, if any, shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with and keep themselves informed of all applicable laws and regulations.
6. Identity of Subcontractors and Sub-Consultants. Consultant shall before commencing any work under this Agreement provide to City in writing: (a) the identity of all subcontractors and sub-consultants (collectively referred to as "subcontractors"), if any, which Consultant intends to utilize in Consultant's performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Consultant shall only employ subcontractors pre-approved by City and in no event shall Consultant replace an approved subcontractor without the advance written permission of City, with the understanding that City’s permission will not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Consultant shall be liable to City for the performance of Consultant's subcontractors.
7. Subcontractor Provisions. Consultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Consultant; and (c) compliance with all laws and certifications as required under this Agreement.
8. Power to Act on Behalf of City. Consultant shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.
9. Record Keeping; Reports. Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft of all reports and a copy of all final reports prepared by Consultant under this Agreement.
10. Ownership and Inspection of Documents. All data, tests, reports, documents, conclusions, opinions, recommendations, and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs (“Work Product”), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit. Upon City’s request, Consultant shall make available for inspection and copying all such Work Product and all Work Product shall be turned over to City promptly at City’s request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without prior written approval of the City Manager. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.
11. Confidentiality. All data, reports, conclusions, opinions, recommendations, and other work product prepared and performed by and on behalf of Consultant in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees, affiliates, and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to be bound to these confidentiality provisions.
12. City Name and Logo. Consultant shall not use City’s name or insignia, photographs relating to the City projects for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
13. Conflicts of Interest. Consultant warrants that neither Consultant nor any of its employees have an interest, present or contemplated, which would conflict in any manner with the interests of the City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties.
Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement, and any such future service shall not be considered a conflict of interest for purposes of this section.
14. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.
15. City Right to Employ Other Consultants. This Agreement is non-exclusive with Consultant.
City reserves the right to employ other consultants in connection with the Services.
16. Termination of Agreement. This Agreement shall terminate upon completion of the Services, or earlier pursuant to the following.
a. For Convenience of City. This Agreement may be terminated by City at its discretion upon thirty (30) days prior written notice to Consultant. b. For Breach of Either Party. If for any cause either party fails to fulfill in a timely and proper manner its obligations under this Agreement (the “breaching party”), the other party (the “terminating party”) shall have the right to terminate the Agreement by giving not less than five (5) working days’ written notice to the breaching party of the intent to terminate and specifying the effective date thereof. The terminating party shall, however, provide the breaching party with a detailed statement of the grounds for termination. This statement shall include, as appropriate, references to specific provisions of this Agreement, dates, dollar amounts and other information relevant to the decision to terminate for cause.
c. Compensation to Consultant Upon Termination. In the event termination is not due to fault attributable to Consultant and provided all other conditions for payment have been met, Consultant shall be paid compensation for services performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its services provided.
However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified in Section 3 herein. In the event of termination due to Consultant’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure. d. Effect of Termination. Upon receipt of a termination notice (or completion of this Agreement), Consultant shall: (i) promptly discontinue all Services affected (unless the notice directs otherwise); and (ii) deliver or otherwise make available to the City, without additional compensation, all data, documents, procedures, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Consultant in performing this Agreement, whether completed or in process. Following the termination of this Agreement for any reason whatsoever, City shall have the right to utilize such information and other documents, or any other works of authorship fixed in any tangible medium of expression, including but not limited to physical drawings, data magnetically or otherwise recorded on computer disks, or other writings prepared or caused to be prepared under this Agreement by Consultant. Consultant may not refuse to provide such writings or materials for any reason whatsoever.
17. Force Majeure. Neither party shall be liable for any failure to perform or any impairment to its performance to the extent such failure or impairment is caused by any act of God, fire, flood, natural catastrophe, labor dispute or strike or shortage, national or state emergency, epidemic or pandemic, insurrection, riot, act of terrorism, war, act of government, and/or any other event, occurrence or circumstance beyond the reasonable control of either party.
18. Insurance. Consultant shall obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit C attached hereto and incorporated herein by this reference. All insurance policies shall be subject to City approval as to form and content.
Consultant shall provide City with copies of required certificates of insurance upon request.
19. Indemnity and Defense. Consultant shall indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance of its obligations under this agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this agreement, the Consultant shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.
20. Compliance with All Laws. Consultant shall be familiar with and shall comply with all City, State, and Federal laws and regulations applicable to the work to be performed under this Agreement. In providing the services required under this Agreement, Consultant shall at all times comply with all applicable laws, regulations, and resolutions of the United States, the State of California, and the City of Madera now in force and as they may be enacted, issued, or amended during the term of this Agreement.
21. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign the payment of any monies due Consultant from City under the terms of this Agreement to any other individual, corporation, or entity. City retains the right to pay any and all monies due Consultant directly to Consultant.
22. Form and Service of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: Gary Conte
City of Madera
205 W. Fourth
Madera, CA 93637
Email: [email protected]
To Consultant: Emily Elliott, AICP
Michael Baker International
3536 Concours Street, Suite 100
Ontario, CA 91764
Email: [email protected]
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
23. Entire Agreement. This Agreement, including the attachments and exhibits, represents the entire Agreement between City and Consultant, and supersedes all prior negotiations, representations, or agreements, either written or oral with respect to the subject matter herein.
This Agreement may be amended only by written instrument signed by both City and Consultant.
24. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.
25. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.
26. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.
27. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Consultant in the County of Madera, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.
28. Attorneys Fees.
If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant, or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorneys’ fees and legal expenses.
29. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.
30. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.
31. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
32. Non-Discrimination. Consultant shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the City and Consultant have executed this Agreement on the date(s) set forth below.
MICHAEL BAKER INTERNATIONAL CITY OF MADERA
By: ___________________________ By: ______________________________ Peter Minegar, AICP Santos Garcia, Mayor
Office Executive, Vice President
Date: __________________ Date: ______________________
APPROVE AS TO FORM:
Hilda Cantú Montoy, City Attorney
ATTEST:
Alicia Gonzales, City Clerk
EXHIBIT A
SCOPE OF SERVICES
Michael Baker
INTERNATIONAL
March 17, 2023
CITY OF MADERA 2024-2032
HOUSING ELEMENT
Jennifer Stickman, Procurement Services Manager
City of Madera
205 W. 4lh Street
Madera, CA 93637
(559) 665"'8615 x400
Re: 2024-2032 Housing Element Update
Dear Ms. Stickman,
Michael Baker International is excited about the opportunity to partner with the City of Madera (City) to prepare the City's 6 th Cycle General Plan Housing Element (2024-2032) update, Safety Element update, and zoning ordinance update, and create the City's first Environmental Justice Element. Michael Baker has a long history of preparing successful Housing/Safety/ Environmental Elements, a clear understanding of the req uirements for this latest update cycle, an experienced and cohesive team, and a proven and efficient approach.
The City of Madera needs an experienced housing and planning consultant to help guide the City through the many new challenges and requirements of the 6th Cycle. We have already prepared over 20 6th Cycle Housing Element updates through the first three rounds of this new regime and obtained Department of Housing and Community Development (HCD) letters of substantial compliance ("certification") for multiple 6th Cycle Housing Elements for cl ients with earlier adoption deadlines. We have an excellent working relationship with HCD and a clear understandingof the new requirements for this latest Housing Element update cycle, including what HCD is likely to require of Madera.
We bring the depth and breadth of resources needed to help the City complete these General Plan element updates and meet HCD's stringent requirements that accompany this cycle. Our clients are very happy with our work and our plans get HCD approval in fewer review cycles than many. This is critical in meeting the adoption deadline, particularly for communities th at require rezoning to meet the Regional Housing Needs Al location (RHNA).
Our approach is to expedite the preparation and adoption of a fully compliant Housing Element update by:
■ Early assessment and identification of critical challenges and prioritized responses ■ Minimizing the number of drafts and review cycles
■ Providing robust documentation, and defensible assumptions and projections for the RHNA sites inventory
■ Working closely with City staff and conducting effective community engagement to incorporate essential local knowledge
■ Proposing creative and proven programs that anticipate and address HCD comments ■ Working closely with the City and HCD during and between review cycles to resolve remaining details or program requests quickly
CllY OF MADERA ■ 2024-2032 HOUSING ELEMENT
WE ARE READY AND AVA I LABLE T O SERVE YOU
EXPERIENCE
completed
Michael Baker
more
has
than • 100
Hous;ng Elements through the
5th Cycle and have completed
and are working on more than
20 6th Cycle Housing Element
Updates. We have the depth and
breadth of experience to get the
City through even the most
complicated process.
TEAM
Michael
The key members
Baker
of
team
the • have
worked together on multiple
past and ongoing Housing
Elements. We wU/ streamline the
process by integrating the most
up to date knowledge from
working with Hous;ng and
Community Development (HCD)
and key decision makers.
COMMITMENT
TO
We
YOUR
understand
SUCCESS
the • City's
interest in meeting the
affordable housing needs of your
residents. We will provide you
with a proven Hous;ng Element
approach methodology and the
capacity (-3,500 employees) to
meet tight deadlines in pursuit of
this goal.
This proposal includes a detailed scope and budget, preliminary project milestone schedule, a detailed data request list, and suggested edits to the standard consultant agreement Please take careful note of our recommended approach and options. The requested scope of services is a substantial undertaking and we have taken the liberty to refine the approach in a manner that could represent cost and time savings for the City. We look forward to your review of our proposal and will gladly tailor our proposal to meet the City's anticipated needs.
Emily El liott, AICP will serve as proj ect director on this effort. Her office is:
Michael Baker International
3536 Concours Street, Suite 100
Ontario, CA 91764
We are confident the Michael Baker team will add va lue to the City, citizens, and key stakeholders by providing a clear and transparent process that allows for full participation, broad understanding, an d timely and compliant Housing Element update.
Thisproposal will remain valid for a period of no less than 90 days.
Please do not hesitate to contact me at (909) 974-4961 or [email protected] if you have any questions. We look forward to ttie opportunity to earn your trust and confidence through exceptional service to the City of Madera.
Sincerely,
Emily Elliott, AICP
Project Director, Associate Vice President Office Executive, Vice President (authorized to bind) 1&@1ffli:ffjffl ----------------------------- Page 2 MTE ll&.Tlllltilll CITY OF MADERA ■ 2024-2032 HOUSING ELEMENT
__________________________________________________________________________ Page 16
WORK PLAN
Our proposed work plan to complete the Housing Element update is outlined below. The scope includes all of the tasks requested in the Request for Proposals; however, we have noted certain tasks as optional in order to prioritize both funding and staffing resources toward the Housing Element update and its statutory deadline. The Safety Element and Environmental Justice Element do not have statutory deadlines. Please note that while all of the scope items are included, we have restructured the order of tasks based on our experience and knowledge gained from updating 20 other 6th Cycle Housing Elements.
TASK 1 – PROJECT MANAGEMENT AND COORDINATION
TASK 1.1 PROJECT KICKOFF MEETING
At the project kickoff meeting, the Michael Baker project team will hold a teleconference meeting with City staff to review and refine the scope of work, discuss expectations and assumptions, collect information sources, and go through the project schedule and work plan for carrying out the work.
We will also take this opportunity to agree on the best and preferred methods for ensuring regular communication with the City, including conference calls, progress reports, or other communication methods. Our work plan will include information regarding quality assurance/quality control (QA/QC) protocols and project management items agreed upon at the kickoff meeting. After the kickoff meeting, we will develop a detailed project timeline with milestones beginning with review of the 2020-2024 Housing Element update and an initial review and discussion of opportunity sites proceeding through City Council adoption by the January 31, 2024, statutory adoption deadline and 120-day grace period.
Task Deliverables:
■ Materials for kickoff meeting with City via web conference ■ Meeting attendance sheet and meeting notes (Word document, PDF) ■ Work plan including contact information, QA/QC protocols, and initial project schedule (Word document, PDF)
■ Detailed data request checklist (see appendix)
TASK 1.2 PROJECT SCHEDULE
The project team will work with the City to refine the initial project schedule with a list of critical path tasks required to proceed toward adoption by the January 31, 2024, statutory deadline. We will work with the City to integrate tasks to occur concurrently to the degree feasible in order to reduce the overall project timeline. Additionally, refinements will be made after the kickoff meeting.
Task Deliverable:
■ Revised project schedule (Excel document, PDF)
TASK 1.3 PROJECT MANAGEMENT, COORDINATION, AND QUALITY CONTROL The Michael Baker project management style includes regular communication between the project manager and the City. The project manager, in conjunction with the task leads, will coordinate on key tasks to meet the overall project schedule. The project manager will implement Michael Baker’s QA/QC program and provide written status memos.
We recommend scheduling a standing conference call approximately every two weeks throughout the project. These calls provide an opportunity to review tasks in progress, share information, identify and resolve any issues early, and review key milestones and upcoming deliverables. The project team will also communicate with City staff by email and phone throughout the project, independent from the scheduled calls. In addition, this task provides for tracking/monitoring of the project schedule and monthly billing and invoicing. Meetings will be conducted via Microsoft Teams or Zoom to facilitate team schedules and Michael Baker
INTERNATIONAL
CITY OF MADERA ■ 2024-2032 HOUSING ELEMENT
__________________________________________________________________________ Page 17 minimize travel time and costs throughout the project, respecting varying COVID-19 protocols between team members and the City while maintaining project momentum.
City staff plays a critical role in the updating the Housing Element. Institutional/historical knowledge is crucial to completing a thorough analysis. Michael Baker expects that City staff will be readily available to answer questions and provide data and context. We expect to work closely with members of the City’s Housing Department. With respect to the Safety Element, communication with and participation by fire, police, and utility officials are needed.
Task Deliverables:
■ Summary of notes from twice per month coordination call meetings with City staff via virtual platforms (PDF)
■ Project schedule review of key milestones through adoption ■ Monthly written progress summary reports with invoices (PDF) TASK 2 – COMMUNITY OUTREACH AND ENGAGEMENT
TASK 2.1 COMMUNITY AND STAKEHOLDER OUTREACH AND ENGAGEMENT STRATEGY One of the most critical aspects of the Housing Element update process is the importance of the public participation process. The Housing Element, and the newly added AFFH analysis in particular, relies heavily upon local knowledge to supplement and better understand the data and housing issues at hand, as well as creating the programs that work best to serve local and regional needs—and there is no better source of local knowledge than the residents, stakeholders, and leaders of the City of Madera to help shape the tailored housing solutions for their community.
The State of California has passed several laws that have dramatically changed the landscape of housing planning. For communities, these laws are complicated, confusing, and/or so new that the impact is uncertain. Some of these laws have strict requirements and limit the ability of jurisdictions to customize planning policies to their own preferences. For these reasons, we propose conducting an initial study session for the City Council so that information can be provided, vetted, and explored for its impact on the Housing Element.
Michael Baker also recognizes the importance and significance of involving those hard-to-reach groups and special needs populations, such as persons experiencing homelessness, elderly residents, singleparent households, non-English speaking individuals, persons with disabilities, and racial/ethnic minority families.
The City’s racial and ethnic makeup, according to the most recent census data, is as follows: 42.3 percent White, 3.9 percent Black, 1.2 percent American Indian/Alaskan Native, 2 percent Asian, 0.1 percent Native Hawaiian/Pacific Islander, and 12.7 percent two or more races. Additionally, 79.3 percent of residents are Hispanic or Latino, and 61.7 percent of the population reports speaking a language other than English at home. The Madera County median household income is $66,709 while the City's median income is $53,777. The median household sales price is $255,500. About 8.9 percent of the population is 65 years old or older.
Michael Baker will use communication channels that have proven successful in engaging harder to reach groups. Our strategy for public participation includes using multiple forms of outreach and offering a variety of options for community members to engage and share information about their neighborhoods and experiences.
A successful community participation strategy recognizes that different populations engage differently with outreach efforts and, to that end, includes a range of opportunities for engagement. Some populations prefer to use online surveys or social media. Others, such as elderly persons, engage better in open meeting settings or prefer low technology, while some prefer more intimate or spontaneous events. We will customize the plan for the City to maximize outreach, with a focus on populations that may be marginalized or underrepresented in the public sphere.
Michael Baker
INTERNATIONAL
CITY OF MADERA ■ 2024-2032 HOUSING ELEMENT
__________________________________________________________________________ Page 18 We have outlined a general approach for the Housing Element public outreach process below, which will be further refined with key City staff. We have the right experience with both in-person and virtual community engagement and have a wide range of tools at our disposal (using online, print, and telephone methods) to facilitate a meaningful dialogue with the community. As we have continued to provide our clients with the same services through COVID-19, we have refined our approach using virtual tools to reach the broadest audience.
Lastly, Michael Baker recognizes the importance of informing the public about housing programs, and especially the new fair housing laws. Our engagement materials will educate the community on Housing Element laws, fair housing laws, and affordable housing programs and policies that the City identifies as important.
The Safety and Environmental Justice Elements also require community and stakeholder engagement.
That process will occur alongside the Housing Element engagement program in order to capitalize on the economy of scale.
Task Deliverables:
■ Community outreach and engagement strategy (Word document, PDF) ■ Facilitated meeting with City staff and meeting notes regarding any adjustments to community outreach and engagement strategy
TASK 2.2 OUTREACH MATERIALS AND SUMMARY OF FINDINGS
In consultation with key City staff, the project team will produce a set of public outreach materials, using consistent graphics and messaging. We will prepare outreach materials in both print and online formats designed to inform community members about the Housing/Safety/Environmental Justice Element updates and invite their participation and input in the process. Materials may include, but are not limited to:
■ Digital media suitable for the City website, social media, and electronic communications (electronic formats)
■ Postcards or flyers for printing and distribution/posting (upto $2500 in printing costs) We anticipate the City will be responsible for distributing outreach materials to its contacts through typical channels such as email listservs and social media. We are available to assist in distributing outreach materials and publicizing community events and can discuss the level of need as part of finalizing the scope.
We will provide the outreach materials (e.g., flyers, handouts, surveys) in English and Spanish. Languages other than Spanish will be provided at an additional fee if the City determines that to be appropriate.
Translation of non-English comments from these documents and the translation of written comments from the public at meetings or workshops is included in this scope up to the number of hours budgeted in the project fee schedule. Workshop meeting materials will be provided in English and Spanish. We will provide translation/interpretation services from English to Spanish at the four workshops through vendor translation services, or will use City-recommended in-house staff or local interpreters that are experienced with City specific outreach, if preferred. Michael Baker assumes that the workshops will be conducted virtually and use separate audio channels for English and Spanish. Additional translation and interpretation services can be provided, if necessary, on a time and materials basis. Michael Baker will provide the City with a draft version of outreach materials for their feedback and edits; if preferred, Michael Baker will provide a second draft for final review and approval prior to finalizing the documents.
Task Deliverables:
■ Digital content specific to the Housing Element and monthly updates to content ■ Outreach materials prepared in conjunction with City staff necessary to facilitate Task 2.3 Michael Baker
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__________________________________________________________________________ Page 19 ■ Outreach materials outlined in Task 2.2 above; survey and flyers will be provided in English and Spanish
■ Copies of outreach meeting presentations, including translated non-English public comments TASK 2.3 COMMUNITY OUTREACH/ENGAGEMENT MEETINGS AND ACTIVITIES Task 2.3.1 Community Workshops (4)
We propose four online/virtual (live) community workshop presentations at different times to meet with community residents, agencies, and key stakeholders. Utilizing this meeting format, we will provide a brief presentation summarizing the Housing Element update process, as well as background and contextual information including purpose, goals, objectives, contents, and key issues and concerns. The presentations will include interactive live polls with the public followed by brief discussions of the results as well as questions and answers throughout the workshops. A key advantage of the online format is that meetings are more convenient for individuals to attend from a remote location, and can be more easily accessible for those with mobility issues or who would otherwise have to find transportation. Another advantage is the ability to record the workshops for later viewing, sharing, and summary. This includes transcripts of the written questions and answers, and information on workshop attendance. We anticipate having two to three members of Michael Baker’s outreach team at these meetings to facilitate community feedback and answer questions. Michael Baker will prepare the PowerPoint presentation materials and facilitate the discussion. We assume City staff will participate to assist with the presentation and the question-and-answer portion of the session. The four workshops would include the same presentation materials and information. The workshops will be recorded and made available with a copy of the presentation slides for publication and independent review on the City’s website.
Task 2.3.2 Initial City Council or Joint City Council/Planning Commission Study Session We will conduct a study session with the City Council, or a joint session of the City Council and Planning Commission, early in the process to inform interested parties of the undertaking and to seek input on specific key issues and opportunities, and key components of the Housing Element update. This session can also discuss the statutory and the dramatically increased HCD authority, expectations, review requirements and scrutiny to obtain certification. A key objective is to review, prioritize, and strategize the specific accomplishments, timelines, and resources for the programs/goals.
The Michael Baker team will prepare a presentation for the meeting. This task assumes City staff will be responsible for assistance with logistical support and preparation of a staff report. This task assumes the project team will attend the studysession virtually through an online platform (Teams or Zoom). In-person attendance can be arranged on an additional time and materials basis and pending the availability of the consultant.
Task 2.3.3 Stakeholder Interviews (up to 15 interview attendees) Engagement of and input from local advocacy groups and minority/special needs populations are important to the Housing Element update and will be required by HCD. We recommend engaging these groups early in the update process to receive feedback. The project team will work with the City to conduct up to fifteen one-on-one or two small focus group stakeholder interviews to discuss the Housing Element update and receive feedback on current and proposed programs. We will work closely with City staff to identify stakeholders that represent a broad cross-section of the City of Madera so that the discussions regarding housing issues include market-rate developers, affordable housing developers and fair housing advocates, and community-based organizations. We find that targeted stakeholder interviews are much easier to schedule and attend and save a lot of time andresources for all involved.
Task 2.3.4 Online Housing Needs Survey
We will prepare an online community housing needs survey, which is another key method to obtaining valuable information. The survey has the advantage of occurring over a longer period, including bracketing other engagement events to provide more input and follow-up comments. The survey is recommended to be relatively simple to encourage participation, and would focus on identifying housing needs, opportunities, issues, priorities, and recommended policies. We recommend that the survey be Michael Baker
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__________________________________________________________________________ Page 20 kept open throughout the engagement period covering development of the Housing Element, up to and including the public review periods. It would close before the public hearings on the draft elements or can be modified to collect comments on the public review draft.
Task Deliverables:
■ Four virtual community workshop events including one interpreter per workshop ■ One initial City Council-only or one Joint City Council/Planning Commission Study Session ■ Stakeholder interviews
■ Online housing needs survey
■ Spanish translation services for four community workshops (upto $3000) TASK 2.4 PUBLIC REVIEW DRAFT HEARING
Michael Baker will prepare a virtual presentation for a public review hearing to obtain public input on the public review draft Housing Element. The hearing would be held during the initial 30-day public review period and before the 90-day HCD review period. The presentation will summarize the purpose and content of the Housing Element, the process and input to date, key changes including RHNA sites inventory, and any necessary rezoning and housing programs, and will include opportunity for public comment. Michael Baker will prepare one set of similar presentation materials for the meeting. This task also includes preparation of one flyer advertising the meeting in two languages (including English), as directed by the City. This task includes interpretation services at the public hearing and translation of comments to English. Michael Baker will provide the City with a draft version of materials for their feedback and edits; if preferred, Michael Baker will provide a second draft for final review and approval prior to finalizing the documents.
Task Deliverables:
■ Preparation of presentation for one hearing on the public review draft (Power Point, PDF) ■ Attendance (virtual) at one hearing
■ Flyer in two languages
■ Translation and interpretation services (Upto $600)
TASK 3 – RESEARCH AND ANALYSIS (ADMINISTRATIVE DRAFT CHAPTERS) Michael Baker will prepare an administrative draft of the Housing Element update. Individual draft chapters are proposed to be submitted as they are completed to facilitate and expedite City staff review.
TASK 3.1 EVALUATION OF 2020-2024 HOUSING ELEMENT AND ACCOMPLISHMENTS Michael Baker will conduct an initial overall review and assessment of the 2020-2024 (5th Cycle) Housing Element. This evaluation will be submitted as a written outline with recommended changes (including relevant justification) and areas for improvement, programs that should be considered, and any other relevant housing issues that might be included in this update. We will also provide a list of other General Plan elements and appendices that will require updates for internalconsistency.
This task will include review of the documents relevant to the Housing Element update such as:
■ 2020-2024 Housing Element
■ Annual Progress Reports
■ Past communication with HCD, including any findings letters ■ Land Use and Environmental Justice Elements (for consistency) ■ Other applicable programs and ordinances identified during project kickoff Michael Baker
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__________________________________________________________________________ Page 21 This task includes the review of housing goals, policies, and program accomplishments including status, evaluation of implementation and effectiveness, and whether the prior housing programs will be retained, modified, deleted, or amendedwith new programs.
Task Deliverables:
■ Memorandum summarizing the evaluation findings and recommendations including a list of General Plan amendments for consistency (Word, PDF)
■ Administrative draft evaluation of accomplishments chapter (Word, PDF) TASK 3.2 HOUSING NEEDS ASSESSMENT
The housing needs assessment will contain the following topics to satisfy Government Code Section 65583(a) requirements:
■ Demographics, income, and employment trends
■ Household characteristics
■ Housing stock characteristics
■ At-risk housing analysis; analysis of special housing needs The majority of the data and analysis will be provided by data packets that have been pre-reviewed by HCD for consistency with State requirements to increase predictability in the Housing Element approval process.
Task Deliverables:
■ Administrative draft housing needs assessment (Word, PDF) TASK 3.3 AFFIRMATIVELY FURTHERING FAIR HOUSING (AFFH)
Michael Baker will prepare and incorporate a new chapter for the AFFH analysis. The new chapter will be prepared pursuant to HCD’s recent guidelines and developing review comments and requirements. The federal AFFH rule requires a jurisdiction to take “deliberate action to explicitly address, combat, and relieve disparities resulting from past and current patterns of segregation to foster more inclusive communities.” AB 686 extended this AFFH requirement to cities and counties in California. Cities must incorporate fair housing issues, analysis, goals, and actions when updating their Housing Elements. As such, we will prepare an analysis of fair housing issues, identify contributing factors, develop goals and actions, and review prior goals and actions. Fair housing issues to be assessed include review of fair housing enforcement and capacity, segregation and integration, racially/ethnically concentrated areas of poverty, access to opportunity, and disproportionate housing needs and displacement risk. Analysis will consider local and regional patterns and trends, and local data and knowledge gathered from effective community engagement.
Michael Baker has worked closely with HCD to fulfill the new and extensive AFFH guidance and HCD requirements. The goal setting process task requires extensive input from City staff and stakeholders/community to provide local knowledge and explanations of the contributing factors for various fair housing issues and will require a commitment to development of new goals or programs to directly address and resolve fair housing issues. The programs will require clear, measurable, and enforceable outcomes, geographic specificity, and timelines.
Please note that certification of the Housing Element will depend on HCD’s determination as to whether the programs will achieve significant and meaningful results. Michael Baker will prepare draft goals for review by the City and community/stakeholders; however, City staff and community/stakeholders will need to commit to and provide input on the specific resources, outcomes, and timelines for achieving these goals. With the community engagement process suggested above,Michael Baker will assist the City and its community/stakeholders to be informed, prepared, and ultimately successful in taking meaningful action to further fair housing in its community.
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__________________________________________________________________________ Page 22 Task Deliverables:
■ Administrative draft AFFH chapter (Word, PDF)
TASK 3.4 HOUSING RESOURCES AND SITES INVENTORY
New State laws on addressing the adequate sites requirement (AB 1397 and SB 166) have significant impacts on the sites inventory. AB 1397 places higher standards on the reuse of sites, reliance of nonvacant sites, and extreme sizes of sites (too small and too large). SB 166 requires a no-net-loss accounting that necessitates a sites inventory with a comfortable 15-30 percent buffer.
We will use the current sites inventory as a starting point and work with the City to determine which sites are still viable RHNA sites based on new State law requirements. We will update the site selection criteria to identify new sites and reevaluate sites identified from the 5th Cycle Housing Element Land Inventory. As part of the site selection process, we will consider the General Plan policies and land use density range, zoning, available infrastructure, and opportunities within approved specific plans. We will formulate General Plan and zoning strategies that will address additional housing unit capacity. This task also assumes a high level of collaboration with City staff to identify and evaluate individual sites and essential development criteria and likelihood based on local knowledge, such as ownership status and interest, tenant status, stability and turnover, and particular opportunities and constraints. As part of the housing sites analysis, we will complete the following:
Document potential sites. We will prepare an inventory, map, and analysis illustrating the City’s capacity to accommodate the 6th Cycle RHNA. In keeping with State law, we will document the realistic development capacity of each site (or typology) based on local development trends and/or proposed programs, and prepare a map showing all identified sites. We recommend safe and defensible assumptions to facilitate HCD approval and to avoid and minimize the no-net-loss risks.
Review sites for whether they affirmatively further fair housing. We will prepare an evaluation of the sites to determine how they meet the AFFH rule and work with City staff to determine if the sites identified in the inventory are located throughout the community in a manner that has the ability to affirmatively further an increase in fair housing.
Non-vacant sites analysis. We will complete an analysis of non-vacant sites to address a portion of the RHNA. As part of this task, we will analyze the realistic development potential within the planning period by considering the extent that a non-vacant site’s existing use impedes additional residential development, the jurisdiction’s past experience converting existing uses to higher-density residential development, and market trends and conditions. We will analyze the local housing trends to establish site potential estimates. Anticipated and actual project densities will be used to project and substantiate assumed future development yields of proposed RHNA sites. This task assumes that City staff will provide data to allow a comparison of the maximum zoning density to the actual project yield, including percentage and types of affordable units from development projects built, approved, or under review during the 5th Cycle period.
Infrastructure constraints analysis. With supporting GIS data provided by the City, we will work to determine if parcels included in the sites inventory have sufficient access to water, sewer, and dry utilities and adequate capacity to support housing development. This task assumes that City staff will review existing General Plan programs or other mandatory programs or plans to secure sufficient water, sewer, and dry utilities supply and identify any potential limitations or constraints and improvements necessary to support housing development on the site. This task does not include technical studies or evaluation.
Opportunities and resources. In collaboration with key City staff, the project team will review and update the sites inventory in the 2020-2024 Housing Element as needed, taking into consideration development that has occurred since adoption of the current document as well as the adequate sites requirements under the numerous new State housing laws adopted since the last Housing Element.
Rezoning analyses (if needed). If rezoning is necessary to meet the RHNA obligations, we will work with City staff to identify potential areas for rezoning to maintain an adequate housing sites inventory Michael Baker
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__________________________________________________________________________ Page 23 throughout the eight-year planning period. This task will be provided on a time and materials basis. An estimated budget has been provided. A preliminary review of the 2018 General Plan update suggests that there may be adequate land with appropriate designations and zoning at higher densities to meet the 1,195 lower-income household RHNA without rezoning.
Task Deliverables:
■ Review and evaluation of relevant background materials (Word, PDF) ■ Proposed methodological approach, housing project potential and yield trends, assumptions, and initial sites inventory results and recommended options (Word, PDF) ■ Administrative draft housing sites inventory chapter, list, and map (Word, PDF) ■ Rezoning analyses, if required (time and materials budget, estimated at 180 hours) TASK 3.5 HOUSING CONSTRAINTS
We will identify potential governmental and nongovernmental constraints to housing production, including environmental and infrastructural constraints. This analysis must contain a review of factors that may potentially constrain the development, improvement, and preservation of housing in Madera. Factors to be reviewed include market, governmental, environmental, and infrastructural constraints. New housing laws require the assessment of nongovernmental constraints, including NIMBYism, lending practices, shortage of labor, and other economic factors.
Task Deliverables:
■ Memorandum summarizing the findings of the housing constraints analysis (Word, PDF) ■ Administrative draft of housing constraints section of 2024-2032 Draft Housing Element (Word, PDF)
TASK 3.6 HOUSING PLAN (GOALS, POLICIES, AND QUANTIFIED OBJECTIVES) Based upon the analyses and research conducted in the previous tasks, we will update the goals, policies, and quantified objectives section of the Housing Element (the Housing Plan). For each program included in the Housing Plan, we will work with the City to establish the time frame for implementation, specific objectives, funding sources, and responsible agencies.The programs will satisfy the requirements of Government Code Sections 65583(b) and (c).
Task Deliverables:
■ Meeting with City staff
■ Administrative draft of the Housing Plan (goals, policies, and quantified objectives) (Word, PDF) TASK 4 – HOUSING ELEMENT PREPARATION
TASK 4.1 DRAFT HOUSING ELEMENT(SCREENCHECK AND PUBLIC REVIEW DRAFTS) Upon receipt of a comprehensive set of staff review comments and requested changes on the administrative draft chapters, Michael Baker will prepare a complete screencheck review draft Housing Element for staff review and comment.
The public review draft will be published and circulated for public review and comment for at least two weeks prior to submittal to HCD for its initial 90-day compliance review.
Task Deliverables:
■ Screencheck draft Housing Element (Word, PDF)
■ Task 2.3 City Council study session (or one joint City Council workshop with the Planning Commission)
■ Public review draft Housing Element (Word, PDF)
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__________________________________________________________________________ Page 24 ■ Submittal of draft Housing Element to HCD along with a submittal letter and completed review checklist for the initial 90-day compliance review (Word, PDF) TASK 4.2 HCD SUBSTANTIAL COMPLIANCE REVIEW AND FINAL DRAFT HOUSING ELEMENT Michael Baker will work closely with HCD and City staff, coordinate conference calls, and address public review comments, preliminary HCD review comments on the draft Housing Element during the 90-day review period (if provided), and the HCD review letter. The goal is to achieve a Finding of Substantial Compliance for the draft Housing Element before proceeding to adoption. In this manner, the City Council can adopt the Housing Element with the revisions identified by HCD to obtain certification.
We have proposed a time and materials budget for preparation of the final draft Housing Element. This budget includes preparation of second and third (if required) public and HCD review drafts in response to comments received on the first and second public review drafts, and preparation of the final draft Housing Element for the Planning Commission and City Council adoption hearings to address a second and third (if required) round of public review comments and the HCD compliance review letter. This task estimates a total of 180 staff hours. If additional hours are needed, we will seek City authorization.
Task Deliverables:
■ Review of public and HCD review comments and preparation of responses and revisions with City staff
■ Conference calls and correspondence with HCD and City staff to answer questions and address key issues
■ Preparation of a second and third (if required) public and HCD review drafts (Word, PDF) ■ Preparation of a final draft for Planning Commission and City Council hearings, and adoption (Word, PDF)
TASK 5 – CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
It is not known whether the City has adequate sites to meet the 6th Cycle RHNA, and to what extent rezoning will be required. It may be possible the Housing Element could be adopted via an exemption, preparation of an Addendum to the City’s 2018 General Plan EIR, or an Initial Study (Mitigated) Negative Declaration (IS/MND). Michael Baker recognizes that Housing Elements require a tailored CEQA approach, that oftentimes cannot be determined until further into the planning process. As such, Michael Baker has included a CEQA strategy task that would allow our team to review existing planning documents, the proposed projects, rezoning, and other project components to determine the most appropriate CEQA document for the project. At this early stage, we recommend the City consider an addendum to adopt the Housing Element as a policy document. The addendum will be much more expeditious and would allow the City the time needed to prepare an EIR to adopt a rezoning program or other implementing measures.
TASK 5.1 CEQA STRATEGY DEVELOPMENT
There is no “one size fits all” approach to CEQA compliance for Housing Element updates. The Michael Baker team will work collaboratively with City staff to outline the best path forward based on the overall objectives of the City. Considerations will include:
■ Nature and scope of available planning documents, including the 2018 General Plan EIR, prior cycle Housing Element approvals, or recent major development project evaluations (e.g., 2011 Downtown Specific Plan, 2018 Whitmore Ranch Specific Plan) ■ Desired utility of CEQA process to streamline future housing approvals ■ Feasibility of meeting state schedule mandates
■ Extent of rezoning actions to accommodate the RHNA allocation, if necessary Michael Baker
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__________________________________________________________________________ Page 25 Starting at project kickoff, our CEQA team will work alongside the Housing Element team to review the proposed rezoning required as well as other components of the Housing Element update. Once our team completes document reviews and addresses other considerations outlined above with City staff, we will provide a CEQA Strategy Memorandum that details the CEQA compliance path, key data needs to meet milestones, and a budget. It is anticipated that the CEQA scope of work will be able to be defined once a recommended sites inventory has been developed (near the time of the public review draft). Michael Baker will work to develop the CEQA scope as early in the process as possible, to reduce the overall project timeline.
CEQA compliance costs and timelines could range from less than $5,000 for an exemption, $25,000 and three months for an Addendum to a previously certified EIR, to approximately $250,000 and 12 months if a new EIR is required. If impacts can be avoided via mitigation, an MND could potentially be a “middle ground” solution.
Deliverable:
■ CEQA document review, project description, strategy discussions and memorandum, scope and fee (Word, PDF)
■ Common sense exemption, if appropriate (Word, PDF)
TASK 6 – HOUSING ELEMENT ADOPTION AND CERTIFICATION
TASK 6.1 PLANNING COMMISSION AND CITY COUNCIL HEARINGS
The Michael Baker team will prepare for and remotely attend one Planning Commission hearing and one City Council hearing for the adoption of the Housing Element update. Up to two members of the Michael Baker team will be available to attend each hearing and respond to comments and questions. This task also includes preparation of the staff report package and one flyer advertising both hearings. City staff will be responsible for room reservations, distributing required public notices, and staff reports for these meetings. We will collaborate with City staff to prepare and deliver presentations for each public hearing.
It is assumed that Michael Baker will attend and coordinateall workshops and hearings virtually through online engagement platforms. If desired, in-person attendance can be provided on a time and materials and based on consultant availability.
Task Deliverables:
■ Virtual attendance and support at one Planning Commission hearing and one City Council hearing (Word, PDF)
■ One Planning Commission staff report package, one City Council staff report package (Word, PDF) ■ One Planning Commission presentation, one City Council presentation (Power Point, PDF) TASK 6.2 STATE CERTIFICATION
After adoption, the Housing Element update must be submitted to HCD for its final review. We will serve as the City’s liaison with HCD and will assist the City in achieving certification of the Housing Element.
This task assumes an HCD letter of substantial compliance on the public review or adopted draft. We have proposed a time and materials budget to address final technical revisions that HCD may require for certification. This task does not include revisions that require readoption of the Housing Element as this scope of work assumes one round of adoption hearings. Adoption of the Housing Element update should reserve the right, via the adopting ordinance, to readopt the Housing Element as necessary to make technical revisions and amendments to the element without the need for prior public or HCD review.
Task Deliverables:
■ Submittal of City-adopted Housing Element to HCD for final 60-day review and certification ■ Coordination with HCD and City staff to discuss and address any remaining technical comments and revisions to obtain certification
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__________________________________________________________________________ Page 26 ■ One set of final revisions to address final technical comments from HCD during the 60-day review period
OPTIONAL TASK 7 – SAFETY ELEMENT UPDATE
We understand that the City is updating its Housing Element, and in accordance with State law, the Safety Element must also be updated. Government Code Section 65302 (g)(1) governs the requirements of a Safety Element. This section identifies the need for cities and counties to understand their vulnerabilities to hazards such as seismic hazards (primary and secondary), wildfires, geologic issues (landslides, subsidence, etc.), flooding, climate change, and other natural hazards.
It is our understanding that the current Safety Element was adopted in 2009. Updated data and information is available to document existing conditions since 2009. The City may have also fulfilled policies and action items in the current Safety Element, and others may be obsolete. The City may be aiming for new policies and action items as well as wanting to establish consistency with other planning documents such as the Emergency Operations Plan, local hazard mitigation plans, and water, sewer, and other infrastructure plans. Additionally, several bills have passed that will need to be addressed for compliance:
■ AB 2140: Integration of Local Hazard Mitigation Plan (LHMP) ■ SB 1241: Fire Hazard Safety Consultation with California Department of Forestry and Fire Protection (Cal Fire)
■ SB 246: Integrated Climate Adaptation and Resiliency Program ■ SB 99: Evacuation routes identification
■ AB 747: Evacuation routes to include safety, viability, and capacity ■ SB 1241: Consultation with Cal Fire and the Department of Conservation on wildfire policies ■ Other minor updates may also be required per OPR guidelines, such as including the dam inundation map.
We also understand that the Safety Element includes the Health Element. The Health Element addresses issues related to multimodal transportation, access to food, parks, schools, community facilities and transit, air and water quality, and so on. Since the topics addressed in the Health Element are similar to and complement the topics in the Environmental Justice Element, we propose combining the Health Element with the Environmental Justice Element to avoid duplication of policies.
TASK 7.1 REVIEW AND EVALUATE THE CURRENT SAFETY ELEMENT Michael Baker will review and evaluate the current Safety Element to determine compliance with State law and OPR guidance for Safety Element updates. At a minimum, it is anticipated that the current Safety Element will require the following regulatory updates:
■ LHMP integration or incorporation by reference into the Safety Element (AB 2140). ■ Climate change adaptation and resilience discussion and policies in the Safety Element, including references to the LHMP vulnerability assessment (SB 379), codified by Government Code 65302(g)(4)).
■ Identification of evacuation routes and residential developments in hazard areas that do not have access to at least two emergency evacuation routes (SB 99). ■ Analysis of evacuation routes to include safety, viability, and capacity under emergency scenarios (AB 747). AB 747 requires that, upon the next revision of an LHMP on or after January 1, 2022, or beginning on or before January 1, 2022, if a local jurisdiction has not adopted an LHMP, the Safety Element be reviewed and updated as necessary to identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios.
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__________________________________________________________________________ Page 27 ■ Establish policies to address development in very high fire hazard severity zones and consultation with Cal Fire and the Department of Conservation on wildfire policies (SB 1241). ■ Update information on existing conditions based on OPR guidelines and document new sections such as climate resiliency, evacuation, drought, dam inundation, the impact of a tsunami, emergency preparedness, and so on.
In addition, Michael Baker will review existing conditions and provide recommendations for other policy areas that may enhance the Safety Element, such as Crime Prevention through Environmental Design (CPTED), public health, or public safety awareness and education. Michael Baker will prepare a written summary analysis of the existing Safety Element, along with a checklist outlining recommended edits, revisions, and additions. All recommendations will clearly respond to updated regulatory requirements, OPR recommendations, and regional best practices
Task Deliverables:
■ Safety Element review memorandum and recommendations (Word document, PDF) TASK 7.2 DRAFT SAFETY ELEMENT
Task 7.2.1 Mapping and Exhibits
Michael Baker will prepare updated mapping and exhibits for inclusion in the Safety Element update.
Exhibits prepared in the LHMP will be utilized where possible. Exhibits for the Safety Element update are anticipated to include:
■ Dam inundation zones
■ Evacuation routes
■ Neighborhoods without at least two evacuation routes
■ FEMA flood zones
■ Hazardous materials facilities and locations
■ Landslide hazard zones
■ Liquefaction hazard zones
■ Regional and local fault zones
■ Wildfire hazard zones
Hazard data will be cross-referenced with the parcel, road, and hydrologic data to prepare meaningful and applicable maps to support the City with policy and decision-making.
Task Deliverables:
■ Hazard maps and illustrative exhibits (PDF, jpeg format) Task 7.2.2 Administrative Draft Safety Element
Michael Baker will prepare an administrative draft Safety Element update for City review. The administrative draft will include an updated introduction section, existing conditions report, relationship to other General Plan elements, goals, policies, objectives, and illustrative exhibits. Michael Baker will provide one electronic Word file for screencheck review and assumes that one round of comments in redline/strikeout or track changes will be compiled into one document by the City.
Michael Baker understands that the City is a jurisdictional partner in the Madera County LHMP. The County LHMP will expire in November 2023, and the County has started updating it. The City remains a jurisdictional partner in this update per the resolution passed by City Council on July 6, 2022. We will work with County's timeline for the LHMP update to reference the Vulnerability Assessment to comply with SB 379 and to integrate the LHMP by reference into the Safety Element per AB 2140. We also assume that the County LHMP will provide an evacuation routes study to comply with AB 747 that we can then Michael Baker
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__________________________________________________________________________ Page 28 reference in the Safety Element. If the County is not doing such a study, then Michael Baker can provide additional scope and fee to do this study in compliance with AB 747.
Michael Baker will also facilitate consultation with Cal Fire and the Department of Conservation pursuant to SB 1241 to review policies specific to wildfire hazards and development in wildfire hazard zones. An electronic copy of the administrative draft Safety Element will be provided to both agencies for screencheck review. It is assumed that Cal Fire and the Department of Conservation will require up to 90 days to review and provide comments on the administrative draft Safety Element.
Deliverables
■ Administrative draft Safety Element (Word document)
■ Consultation with Cal Fire and the Department of Conservation TASK 7.3 PUBLIC REVIEW DRAFT AND FINAL SAFETY ELEMENT
Task 7.3.1 Public Review Draft of the Safety Element
Michael Baker will incorporate comments received in Task 7.2.2 to prepare a Safety Element public review draft. Public review is anticipated to occur over a minimum 30-day period, with the Safety Element made available on the City website. The City is responsible for noticing the availability of the Safety Element, collecting public comments, and distributing it to Michael Baker at the close of the public review period.
Task Deliverables
■ Public review draft Safety Element (Word document, PDF) Task 7.3.2 Final Safety Element
Michael Baker will compile public comments received in Task 7.3.1 and incorporate changes into the Safety Element as necessary. The final Safety Element will be prepared for presentation to the Planning Commission and City Council, as outlined in Task 6.1.
Task Deliverables
■ Final Safety Element (Word document, PDF)
OPTIONAL TASK 8 – ENVIRONMENTAL JUSTICE ELEMENT
California Government Code Section 65302(h) defines disadvantaged communities as: “an area identified by the California Environmental Protection Agency [Cal EPA] pursuant to Section 39711 of the Health and Safety Code or an area that is low-income area that is disproportionally affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation.” As of May 2022, the final designation of disadvantaged communities (DACs) was released by CalEPA to include four criteria markers. The scope of work was informed by the applicability of the criteria to the City of Madera, included below.
DAC Designation Criteria Applicability to City of Madera
1. Census tracts receiving the
highest 25 percent of overall
scores in CalEnviroScreen 4.0.
Applicable. Ten of eleven tracts in the City of Madera have a CalEnviroScreen 4.0 score of 75 or higher:
▪ Census Tract 6039000700 – Composite Score: 76
▪ Census Tract 6039000503 – Composite Score: 77
▪ Census Tract 6039000506 – Composite Score: 77
▪ Census Tract 6039000507 – Composite Score: 78
▪ Census Tract 6039000604 – Composite Score: 78
▪ Census Tract 6039000508 – Composite Score: 80
▪ Census Tract 6039000602 – Composite Score: 90
▪ Census Tract 6039000502 – Composite Score: 96
▪ Census Tract 6039000900 – Composite Score: 98
▪ Census Tract 6039000800 – Composite Score: 99
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__________________________________________________________________________ Page 29 DAC Designation Criteria Applicability to City of Madera
2. Census tracts lacking overall
scores in CalEnviroScreen 4.0 due
to data gaps, but receiving the
highest 5 percent of
CalEnviroScreen 4.0 cumulative
pollution burden scores.
Not applicable. Census tracts in the City of Madera are not reported by CalEnviroScreen with any data gaps.
3. Census tracts identified in the
SB 535 2017 DAC designation as
disadvantaged, regardless of their
scores in CalEnviroScreen 4.0.
Applicable. Seven census tracts within the City of Madera were identified as SB 535 Disadvantaged Communities:
▪ Census Tract 6039000503
▪ Census Tract 6039000506
▪ Census Tract 6039000603
▪ Census Tract 6039000602
▪ Census Tract 6039000800
▪ Census Tract 6039000900
▪ Census Tract 6039000502
4. Lands under the control of
federally recognized Tribes.
Not applicable. No federally recognized tribe controls land within the City of Madera.
Because all eleven census tracts within the City of Madera meet one or more of the CalEPA DAC designation criteria, the City must prepare and adopt an Environmental Justice Element in compliance with SB 1000.
TASK 8.1 DAC SPATIAL ANALYSIS AND EXHIBITS
To initiate Environmental Justice Element preparation, Michael Baker will conduct a spatial analysis to formally identify DACs within the City boundaries. It is assumed that all eleven census tracts within the City require further data investigation. CalEnviroScreen 4.0 is the primary data source as recommended by OPR to investigate disproportionate pollution burdens and negative health outcomes. CalEnviroScreen
4.0 assigns percentile scores at the census tract level to compare communities vulnerable to environmental pollution or other socioeconomic factors. Other data resources include the SB 535 Disadvantaged Community database, HCD, and US Census/American Community Survey.
Data will be shown illustratively through exhibits, to accompany spatial analysis and policy recommendations included in Task 8.2, below.
TASK 8.2 ENVIRONMENTAL JUSTICE FOCUSED COMMUNITY OUTREACH Michael Baker will prepare web content, social media graphics, and survey questions to accompany Housing Element update community outreach tasks. This includes attendance and presentation at up to three community workshops and two public hearings. Preparing this content in concurrent coordination with the Housing Element workshops is offered as a cost benefit to the City and will allow streamlined input.
In addition, Michael Baker proposes two virtual focus meetings with community stakeholders to discuss the Environmental Justice Element. Each meeting will discuss the DAC spatial analysis and exhibits and solicit more detailed and specific information regarding disproportionate burdens impacting vulnerable populations in Madera. Focus meetings are assumed to occur virtually in small groups, approximately 4– 6 stakeholders per meeting. Stakeholders will include representatives from appropriate City departments, public health agencies, and/or nonprofit and nongovernmental organizations involved in supporting the identified DAC(s). Michael Baker will work with the City to research and identify the appropriate agencies to engage with during focus meetings.
Michael Baker will lead and facilitate discussion at both meetings, prepare meeting agendas and handouts, and record meeting minutes. A minimum of two Michael Baker staff members will attend each meeting.
Michael Baker
INTERNATIONAL
CITY OF MADERA ■ 2024-2032 HOUSING ELEMENT
__________________________________________________________________________ Page 30 Michael Baker also proposes two in-person community workshops to be hosted within the identified DAC(s). Meeting strategy and content will be developed after the research in Task 8.1 has concluded, allowing the team to prepare a culturally competent approach to engaging with the community. Input will be driven by discussion and interactive activities. Spanish language translation will be provided.
Michael Baker will prepare two meeting graphics (one per in-person community workshop) for use on social media, newsletters, and printed distribution. The graphic will be prepared in both English and Spanish. The graphic will publicize the event for the City. One round of review and comment on the graphic is assumed.
TASK 8.3 DRAFT ENVIRONMENTAL JUSTICE ELEMENT
Michael Baker will utilize spatial analysis and exhibits to draft the Environmental Justice Element and inform strategic policies. The draft Environmental Justice Element will clearly respond to OPR General Plan Guidelines and Technical Advisories, updated for Environmental Justice Elements in 2020.
In addition to identifying DACs, the draft Environmental Justice Element will identify objectives and policies for the following topical areas, as required by Government Code 65302(h)(1):
■ Improve air quality
■ Promote public facilities
■ Promote food access
■ Promote safe and sanitary homes
■ Reduce any unique or compounded health risks not otherwise addressed ■ Promote civic engagement in the public decision-making process ■ Prioritize improvements and programs that address the needs of DACs Other topical policy areas can be included, based on the findings of the DAC spatial analysis in Task 8.1.
Michael Baker will provide an electronic draft (Microsoft Word) to the City for internal review. Comments and revisions are anticipated to occur in redline/strikeout and track changes. Michael Baker anticipates the City will compile received comments for Michael Baker incorporation into a public review draft Environmental Justice Element. Public review is anticipated to occur over a minimum 30-day period, with the Environmental Justice Element made available on the City website and up to two hard copies available at locations in the City. The City will be responsible for noticing the availability of the Environmental Justice Element, collecting public comments, and distributing to Michael Baker at the close of the public review period. It is also recommended that the City provide electronic copies to stakeholders who participated in the stakeholder meetings included under Task 8.2.
TASK 8.4 FINAL ENVIRONMENTAL JUSTICE ELEMENT
Michael Baker will compile comments received on the public review draft Environmental Justice Element and incorporate changes as necessary. The final Environmental Justice Element will be prepared for presentation to the Planning Commission and City Council. Included in this scope of work is one study session for Planning Commission, one study session for City Council, one approval session for Planning Commission, and one approval session for City Council. This scope of work assumes all meetings will occur virtually.
Task Deliverables:
■ DAC spatial analysis and exhibits
■ Attendance and presentation at Housing Element update workshops and hearings (up to 5) ■ Focused community outreach meetings – 2 virtual, 1 in-person (separate from Housing Element outreach)
■ Draft and final elements
Michael Baker
INTERNATIONAL
CITY OF MADERA ■ 2024-2032 HOUSING ELEMENT
__________________________________________________________________________ Page 31 ■ One electronic copy (Word document and PDF) screencheck draft for review by the City ■ One electronic copy (Word document and PDF) final draft ■ Graphics and other materials required for public outreach OPTIONAL TASK 9 – GRANT FUNDING STRATEGY
Michael Baker understands the City is in the process of undertaking a significant land use planning exercise with the update of the Housing, Safety, and Environmental Justice Elements. As an optional task, Michael Baker can develop a comprehensive grant funding strategy to fund or supplement project budgets associated with specific project components. As part of this work effort, Michael Baker will conduct in-depth research on potential grant programs, including OPR and FEMA funding opportunities to identify funding options. Findings will include the name of the grant program, administration agency, funding availability, grant requirements/regulations, and time frame. Findings will be presented in a technical memo, submitted to the client in electronic format. It is noted that this work effort does not include preparation of grant applications.
OPTIONAL TASK 10 – ZONING ORDINANCE REVIEW, ANALYSIS, AND UPDATE Michael Baker will review the City’s zoning ordinance for consistency with State law and the proposed 6th Cycle Housing Element update. We recommend that this take place after certification of the Housing Element to ensure the content of the ordinance update is not subject to change. Michael Baker will prepare a memorandum containing a matrix of applicable State requirements and Housing Element programs (including rezoning) analyzed against the contents of the draft ordinance. The memorandum will summarize findings and provide recommendations to achieve full compliance. Michael Baker will then use this memorandum to meet with City staff to inventory the recommended ordinance updates and provide a fee estimate based on this inventory.
Michael Baker
INTERNATIONAL
CITY OF MADERA ■ 2024-2032 HOUSING ELEMENT
__________________________________________________________________________ Page 32 ASSUMPTIONS AND EXCLUSIONS:
1. All draft and final deliverables will be in electronic format (Microsoft Word, PDF, PowerPoint, Excel).
2. Consultant attendance at meetings and hearings will be via Microsoft Teams, Zoom, or equivalent, except where specifically noted. In-person attendance at meetings, workshops, and hearings, pending availability of consultant, will be charged on a time and materials basis, including all travel time and expenses.
3. This scope and cost proposal do not include preparation of any CEQA documentation or analyses required aside from the review of relevant materials and development of a strategy, recommended approach, and cost estimate. The Housing Element update could be approved subject to an exemption, or an addendum or amendment that tiers off of the 2009 General Plan Update EIR. Alternatively, an MND or EIR could be required. It is assumed that all CEQA studies, documentation, and public notification and outreach required for any of the options listed above would be determined after completion of the administrative IS and included under a separate scope and fee.
4. Rezoning and required CEQA analyses and documentation are included as optional tasks. Any necessary rezoning will be subject to a separate CEQA review under a separate scope and fee.
5. City and fair housing service provider(s) will document local fair housing services and demonstrate compliance with and enforcement of all fair housing laws.
6. City staff will provide GIS map layers and parcel data including geocoded address and rectified (removal and resolution of duplicate or missing) APN for development project sites that have been built, approved and pending entitlement during the 2016-2024 cycle.
7. City will conduct any necessary tribal consultations.
8. City staff will identify potential eligible sites based on local knowledge. If necessary, City staff will identify and contact property and business owners to obtain information to identify the likelihood of development, recycling, or redevelopment of the site within the 6th Cycle planning period.
9. City staff will provide summaries of the relevant specific plans and assumptions regarding development potential during the 6th Cycle planning period, including developer contact and opinion, market, pro forma studies and other technical studies.
10. This scope does not include revisions or amendments that require readoption of the Housing Element.
11. The late initiation of this Housing Element update, combined with new mandatory public and HCD review periods via AB 215 (effective 2022), and typical multiple reviews and revisions by HCD will likely prevent receipt of a letter of substantial compliance (aka “certification”) from HCD before the statutory adoption date of January 31, 2024, and possibly the 120-day grace period. This would require the adoption of any necessary rezonings within one year from the statutory adoption date of January 31, 2024.
Michael Baker
INTERNATIONAL
FEE PROPOSAL
Project DirectorHousing Element LeadSafety Element LeadEnvironmental Justice LeadCEQA LeadCommunity Engagement LeadHousing SpecialistsEnvironmental PlannerAssociate Planner IGIS/Graphics SpecialistTechnical Writer/ Formatting Total Hours
City Staff - % of total hours potential
Direct
Costs (e.g.,
travel,
vendors) Labor
Cost
Total
Fee $230 $215 $185 $150 $185 $195 $110 $155 $105 $125 $120 80 40 4 4 4 2 4 0 0 0 0 138 $ 29,910 $ 29,910
6 4 2 2 2 2 4 22 n/a $4,110
14 4 2 2 2 24 n/a $5,120
60 32 92 n/a $20,680
14 46 0 0 0 120 190 0 0 52 22 444 $6,100 $ 66,550 $ 72,650 10 8 2 20 10% $3,070
8 16 44 2 70 62% $2,500 $9,060
10 20 30 40 4 8 112 35% $3,000 $18,310
2 12 16 30 4 2 66 45% $10,200
24 40 64 62% $9,080
6 16 16 2 40 40% $6,410
2 8 16 40 6 72 55% $600 $10,420
0 136 0 0 0 0 548 0 0 30 40 754 $200 $ 98,070 $ 98,270
16 22 6 44 25% $6,580
20 86 6 112 20% $14,480
20 90 20 8 138 15% $17,660
20 120 10 6 156 40% $19,470
20 60 80 70% $10,900
20 80 6 106 30% $13,820
20 90 8 118 30% $15,160
0 124 0 0 0 0 406 0 0 0 36 566 $200 $ 75,640 $ 75,840
30 100 20 150 25% $19,850
-
20 90 8 118 25% $15,160
-
-
24 86 8 118 30% $15,580
50 130 180 40% $25,050
0 0 0 0 12 0 0 8 8 0 2 32 $ 5,060 $ 5,060
12 8 8 2 32 n/a $5,060
4 32 0 0 0 8 36 0 0 0 0 80 $1,600 $ 13,320 $ 14,920
4 16 8 16 44 36% $7,680
16 20 36 40% $5,640
16 0 130 0 0 0 148 0 0 50 20 364 $300 $ 52,660 $ 52,960 10 60 60 40 6 176 30% $25,720
4 45 64 8 8 129 25% $18,245
2 25 24 2 6 59 25% $8,695
16 0 2 220 0 20 0 152 210 104 30 754 $10,000 $ 103,160 $ 113,160 10 30 40 40 80 200 n/a $27,200
60 20 20 12 6 118 20% $17,220
4 2 80 80 90 12 16 284 25% $38,560
2 50 32 60 8 152 25% $20,180
0 0 0 8 0 0 0 0 0 0 0 8 $ 1,200 $ 1,200
8 8 n/a $1,200
8 20 0 0 0 0 40 0 0 0 0 68 $ 10,540 $ 10,540
8 20 40 68 60% $10,540
98 378 4 4 16 130 1,184 8 8 82 100 3,284 $ 8,100 $ 288,550 $ 296,650 40 20 132 228 - 20 188 152 210 154 50 - $ 10,300 167,560 177,860 138 398 136 232 16 150 1,372 160 218 236 150 3,284 $ 18,400 $ 456,110 $ 474,510 $ 30,000
$ 504,510
Project DirectorHousing Element LeadSafety Element LeadEnvironmental Justice LeadCEQA LeadCommunity Engagement LeadHousing SpecialistsEnvironmental PlannerAssociate Planner IGIS/Graphics SpecialistTechnical Writer/ Formatting Total Hours
City Staff - % of total hours potential
Direct
Costs (e.g.,
travel,
vendors) Labor
Cost
Total
Fee
$230 $215 $185 $150 $185 $195 $110 $155 $105 $125 $120
FEE PROPOSAL
City of Madera 2024-2032 Housing Element Update
March 16, 2023
HOURLY RATE:
OPTIONAL Task 7: Safety Element Update
Public Review Draft
4.2 HCD 90-Day Substantial Compliance Review & Final Draft Task 6: Housing Element Adoption and Certification
6.1 Planning Commission and City Council Hearings (2)
6.2 State Certification (Time & Materials Budget)
Public Review Draft Meeting & Hearing (2) (see Task 2.4) Public Comments Review & Revisions
Final Draft, response to HCD comments, HCD meetings
Task 5: CEQA Coordination
3.6 Housing Plan (Goals, Policies, and Quantified Objectives)
5.1 CEQA Strategy (includes Exemption, if appropriate)
Task 4: Housing Element Preparation
4.1 Draft Housing Element
Screencheck Draft Housing Element
City Council (or joint PC) Study Session (see 2.3.2)
3.2 Housing Needs Assessment
3.3 Affirmatively Furthering Fair Housing (AFFH)
3.4 Housing Resources and Sites Inventory
3.4 Rezoning Analysis and Plan to meet RHNA (time and materials)
3.5 Housing Constraints
2.3.3 Stakeholder Interviews (15)
2.3.4 Online Housing Needs Survey
2.4 Public Review Draft Hearing
Task 3: Research and Analysis (Administrative Draft Chapters)
3.1 Evaluation of 2015-2023 Housing Element & Accomplishments
8.1 DAC Spatial Analysis and Exhibits
8.2 Environmental Justice Focused Outreach
8.3 Draft Environmental Justice Element
Estimated hours. Michael Baker reserves the right to adjust and transfer hours between staff and tasks. Prior City approval required to exceed any task budget.
This fee schedule is a fixed fee, not to exceed basis with the exception of the tasks specifically noted as time and materials. The fee includes a recommended contingency budget of $30,000 (approximately 10% of the total cost of all regular tasks) as a contingency to account for unforeseen circumstances or miscellaneous City requests or modifications to the scope once underway. These funds can only be used with prior City authorization and would be billed on a time and materials basis.
Michael Baker reserves the right to adjust and transfer hours between staff and tasks.
FEE PROPOSAL
City of Madera 2024-2032 Housing Element Update
March 16, 2023
HOURLY RATE:
Task 1: Project Management and Coordination
1.1 Kickoff meeting
1.2 Project Schedule
1.3 Project Management and Coordination
Task 2: Community Engagement
2.1 Community and Stakeholder Outreach & Engagement Strategy
2.2.Outreach Materials (includes 1 language translation)
2.3 Community Outreach/Engagement Meetings and Activities
2.3.1 Community Workshops (4)
2.3.2 City Council or Joint CC/PC Study Session (1)
City of Madera 2024-2032 Housing Element Update
Miscellaneous Tasks Contingency (time & materials)
GRAND TOTAL
7.1 Review and Evaluate the Current Safety Element
7.2 Draft Safety Element
Sub-total Fixed Tasks (Housing Element + CEQA Strategy) Sub-total Optional Tasks (Safety/EJ/Zoning Ordinance)
TOTAL ALL TASKS
8.4 Final Environmental Justice Element
OPTIONAL Task 9: Grant Funding Strategy
9.1 Grant Funding Strategy
OPTIONAL Task 10: Zoning Ordinance Compliance Review
7.3 Final Safety Element
10.1 Zoning Ordinance Compliance Review
OPTIONAL Task 8: Environmental Justice Element
EXHIBIT C
INSURANCE
A. Insurance Requirements
Consultant shall maintain limits no less than:
$2,000,000 General Liability (including operations, products and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01. General liability policies shall be endorsed using ISO form CG 20 10 that the City and its officers, officials, employees, and agents shall be additional insureds under such policies. $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies.
Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.
$1,000,000 Professional Liability (Errors & Omissions) per claim and in the aggregate.
Consultant shall maintain professional liability insurance that insures against professional errors and omission that may be made in performing the Services to be rendered in connection with this Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement. The cost of such insurance shall be included in Consultant’s bid.
Maintenance of Coverage
Consultant shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.
Proof of Insurance
Consultant shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.
Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Consultant, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.
Enforcement of Contract Provisions (non estoppel)
Consultant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder.
Specifications not Limiting
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Consultant maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Consultant.
Notice of Cancellation
Consultant agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) calendar days’ notice of cancellation (except for nonpayment for which ten (10) calendar days’ notice is required) or nonrenewal of coverage for each required coverage.
Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.
Timely Notice of Claims
Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional Insurance
Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: June 21, 2023
_________________________________ Agenda Number: ___________ Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Consultant Services Agreement with Madera Unified School District for the After School Program FY 2023/2024
RECOMMENDATION:
Consideration of a Resolution approving a Consultant Services Agreement in the amount not to exceed $323,671 with Madera Unified School District (MUSD) for the administration of the District’s academic year 2023-2024 After School Program (ASP) SUMMARY:
Prior to the COVID pandemic in 2020, the City entered into a Consultant Services Agreement with MUSD to provide ASP services at sites throughout the District for more than four years. The City successfully provided recreation, education, and enrichment programs in the after-schoolsetting during that time. The last Council-approved Consultant Services Agreement between the City and MUSD was for the 2019-20 academic year, not exceeding $124,000 for services at 12 schools.
MUSD approached the City and desires to renew the partnership with the City for the upcoming 2023-24 academic school year. Under the proposed Agreement, MUSD would pay the City an amount not to exceed $323,671 to provide ASP services at 21 schools.
DISCUSSION:
The City has a history of working with MUSD to ensure students have access to quality enrichment programming during critical after-school hours. Like MUSD, the City is committed to the positive human development of our young residents. Under the ASP agreement, the City would be able to provide recreational programming that will enrich the lives of children by encouraging learning and physical activity in a safe and socially responsive environment.
D-4
The ASP will provide programming aimed at children ages 5-18. This will be accomplished through activities coordinated at the 21 schools. Specifically, grades K-8 program activities include recreational activities, STEM learning opportunities, arts and crafts, and healthy living presentations and discussions. High school activities include recreational activities, healthy living presentations, special skills programs, career and college readiness initiatives, multi-media programs, and social-emotional development activities. Program goals include:
▪ Providing a safe and enriching environment for all participants. ▪ Teaching valuable life skills to emerging adults.
▪ Using creative activities to fulfill STEAM learning goals. ▪ Facilitating learning and development of social-emotional learning skills. ▪ Incorporating recreational activities that help participants develop cognitive and behavioral skills.
School sites were selected by MUSD and ASP services would consist of 4-hour days. Except for the high schools, which will be served on Fridays, schools will be visited twice weekly. Schools served Monday, and Wednesday will offer 66 programming days, while those served on Tuesday and Thursday will offer 78 programming days.
Table 1: After School Program FY 23/24 Budget Breakdown Monday Tuesday Wednesday Thursday Friday
Adams
Alpha
Berenda
Chavez
Lincoln
Madison
Millview
Monroe
Nishimoto
Parkwood
Pershing
Rose
Sierra Vista
Washington
Desmond
Jefferson
MLK
Adams
Alpha
Berenda
Chavez
Lincoln
Madison
Millview
Monroe
Nishimoto
Parkwood
Pershing
Rose
Sierra Vista
Washington
Desmond
Jefferson
MLK
Madera High
Madera South
Mt. Vista
Torres
It is to be noted that the proposed agreement has a surge in value due to the increase of sites being offered from 12 to 21, the need to purchase programming materials and supplies, and the overall increase in staffing costs. Staff has prepared a detailed budget breakdown accounting for material and staff expenses for a total cost of $363,671. The breakdown is as follows:
Table 1: After School Program FY 23/24 Budget Breakdown School Sites Material
Expenses
Staffing
Expenses Total
Elementary Schools
1 Adams $3,055 $9799.68 $11,503
2 Alpha $3,371 $9799.68 $11,819
3 Berenda $3,311 $9799.68 $11,759
4 Chavez $3,433 $9799.68 $11,881
5 Lincoln $3,373 $9799.68 $11,821
6 Madison $3,310 $9799.68 $11,758
7 Millview $3,556 $9799.68 $12,004
8 Monroe $3,434 $9799.68 $11,882
9 Nishimoto $3,555 $11,581.40 $13,539
10 Parkwood $3,555 $11,581.40 $13,539
11 Pershing $3,494 $11,581.40 $13,478
12 Virginia Lee Rose $3,618 $11,581.40 $13,602
13 Sierra Vista $3,494 $11,581.40 $13,478
14 Washington $3,496 $11,581.40 $13,480
Middles Schools
15 Desmond Middle School $3,371 $11,581.40 $13,355
16 Jefferson Middle School $2,820 $11,581.40 $12,804
17 King Middle School $3,312 $11,581.40 $13,296
High Schools
18 Matilda Torres $224 $5,493.75 $4,960
19 Madera High School $423 $5,493.75 $5,159
20 Madera South High School $224 $5,493.75 $4,960
21 Mt. Vista $224 $5,493.75 $4,960
Subtotal: $58,664 $204,605 $263,269
Staff Training Costs $22,272
Programming Planning Costs $3,564
Agreement Admin Costs $34,566
Subtotal: $60,402
Grand Total: $323,671
It is estimated that a total of 2,628 students may be served. This would consist of an average of $123.16 per student.
FINANCIAL IMPACT:
In addition to covering the costs for part-time staff, materials, and equipment, this agreement allows for full-time staff time to be charged to the grant in terms of the programming planning and administrative costs. Staff estimates that the ASP program borne from this Agreement will relieve the General Fund by approximately $38,130, including the Recreation/Community Services Coordinator, Administrative Analyst, and Parks & Community Services Director administrative costs in time overseeing the agreement and managing program deliverables and program planning costs.
ALTERNATIVES:
1. Council may reject approval of the After School Program with MUSD for the 2023-24 academic year in its entirety.
2. Council may request additional information to be brought forth at the next Council meeting for further consideration. This alternative may delay the execution of any Agreement with MUSD and delay the City’ ability to offer any ASP services before the start of the academic year.
ATTACHMENTS:
1. Resolution Approving a Cooperative Purchase Agreement with Superior International Industries for McNally Park Project in the Amount of $323,671 a. Exhibit 1
ATTACHMENT 1
Resolution Approving the Consultant Services Agreement with Madera Unified School District for the After School Program in the amount not to exceed $323,671.
RESOLUTION NO. 23-______
RESOLUTION APPROVING THE CONSULTANT SERVICES AGREEMENT WITH
MADERA UNIFIED SCHOOL DISTRICT FOR THE AFTER-SCHOOL PROGRAM IN THE AMOUNT NOT TO EXCEED $323,671
WHEREAS, Madera Unified School District (MUSD) has funding to provide students the opportunity to attend structured and organized activities during critical after-school hours during the 2023-24 academic school year; and
WHEREAS, MUSD is seeking a partnership with the City for the delivery of such After School Program(ASP) services; and
WHEREAS, the City has the level of expertise and experience necessary for the provision of said programming; and
WHEREAS, MUSD has prepared a Consultant Services Agreement that specifies the responsibilities of the School District and the City in regard to the provision by the City of afterschool programming not to exceed $323,671; and WHEREAS, the agreement would allow the City to provide ASP services to 21 school sites, on a Monday through Friday rotation schedule, at 4 hours per day during the 2023-24 academic year; and
WHEREAS, the Consultant Services Agreement is in the best interest of the public, the City, and Madera Unified School District.
NOW THEREFORE, THE COUNCIL OF THE CITY OF MADERA, HEREBY, finds, orders and resolves as follows:
1. The above recitals are true and correct.
2. The Consultant Services Agreement with Madera Unified School District, attached hereto as Exhibit 1, is approved.
3. The Mayor is authorized to execute said Agreement on behalf of the City.
4. This resolution is effective immediately upon adoption. * * * * * * * *
a. Exhibit 1:
Consultant Services Agreement between City of Madera and Madera Unified School District for the After School Program in the amount not to exceed $323,671.
Revised 7/9/21
MADERA UNIFIED SCHOOL DISTRICT
CONSULTANT SERVICES AGREEMENT
This agreement is made and entered into this ________ day of _________ 20____, by and between Madera Unified School District (“District”) and _________________________________________ (“Consultant”).
1. Consultant agrees to provide the following specified services: (you may attach a list of services if necessary)
2. Term. The Consultant’s services described in Paragraph 1 shall commence on _____________________________ and shall end on ____________________________ unless earlier terminated pursuant to Paragraph 8.
2. Payment. District agrees to pay Consultant as follows:
4. Payroll Forms. Consultant agrees to complete the District’s consultant payroll form. Consultant agrees that failure to properly complete this form in a timely manner may result in nonpayment to consultant.
5. Independent Contractor Status. Consultant and any and all agents and employees of Consultant are agreed to be independent contractors in their performance under this Agreement and are not officers, employees, or agents of the District. Consultant shall retain the right to perform services for others during the term of this Agreement.
6. Indemnity. Consultant shall indemnify, defend, and save and hold harmless the District, its Board of Trustees, officers, agents, and employees from any and all claims, damages, losses, causes of actions, and demands, including reasonable attorney’s fees and costs, incurred in connection with the processing or defense of any matter, claim, lawsuit or contest arising out of Consultant’s performance of or failure to perform the work required by this Agreement.
7. Insurance. Consultant agrees to purchase and maintain throughout the term of this Agreement a comprehensive general liability insurance policy to protect Consultant from damages because of bodily injury, including death, and from claims for damages to property which may arise out of or result from Consultant’s responsibilities under this Agreement, whether such acts or omissions be by Consultant or anyone directly or indirectly employed by Consultant. This insurance shall name the District as additional insured and shall be written for not less than Two Million Dollars ($2,000,000) General Liability and Four Million Dollars ($4,000,000) General Aggregate . Consultant's Policy shall be Primary and non-contributory. A certificate of insurance shall be filed with the District and shall provide that no changes shall be made to such insurance without thirty (30) days prior written notice to the District.
8. Termination of Agreement. District may terminate this Agreement for any reason upon written notice to Consultant. In the event of early termination, Consultant shall be paid for satisfactory work performed to the date of termination. The District may then proceed with the work in any manner the district deems proper.
9. No Entitlement. Consultant agrees that it has no entitlement to any future contracts or work from District or to any employment or fringe benefits from the District.
10. Taxes. Payment to Consultant pursuant to this Agreement will be reported to federal and state taxing authorities as required on the IRS Form 1099. District will not withhold any money from compensation payable to Consultant. In particular, District will not withhold FICA (social security); state or federal unemployment insurance contributions; and/or state or federal income tax or disability insurance.
Consultant is independently responsible for the payment of all applicable taxes. 1,----
1 Revised 7/9/21
11. Governing Law and Venue. This Agreement shall be governed by and construed only in accordance with the laws of the State of California. If any action is initiated involving the application or interpretation of this Agreement, venue shall only lie in the appropriate state court in Madera County or federal court in Fresno County, California.
12. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the Consultant, the District and their respective successors and assignees.
13. Severability. If any provision of this Agreement shall be held invalid or unenforceable by a Court of competent jurisdiction, such holdings shall not invalidate or render unenforceable any other provision of this Agreement.
14. Amendment. The terms of this Agreement shall not be amended in any manner whatsoever except by written agreements signed by the parties.
15. Entire Agreement. This Agreement constitutes the entire agreement between the parties. There are no oral understandings, side agreements, representation or warranties, expressed or implied, not specified in this Agreement.
16. Licenses. Consultant represents that Consultant and all agents and employees of Consultant are licensed by the state of California to perform all the services required by this Agreement. Consultant will maintain all licenses in full force and effect during the term of this Agreement.
17. Compliance with Law. Consultant agrees to perform the services contemplated by this Agreement in a professional and a competent manner and in compliance with all local, state and federal laws, and regulations governing the service to be rendered pursuant to this Agreement.
18. Board Approval. The parties agree that the effectiveness of the Agreement is contingent upon approval by the District’s Board of Trustees.
19. Equipment and Materials. Consultant shall provide all equipment, materials, and supplies necessary for the performance of this Agreement. This provision may be negotiable as to the needs of specific children.
20. Non-discrimination. Consultant shall not engage in unlawful discrimination in the employment of persons because of race, color national origin, age, ancestry, religion, sex, marital status, medical condition, physical handicap, or other bias prohibited by state or federal law.
21. Copyright. Any product, whether in writing or maintained in any other form produced under this Agreement shall be the property of District. District shall have the right to secure a patent, trademark or copyright and the product or information may not be used in any manner without District’s written permission.
22. In accordance with Education Code Section 39656, this contract is not valid or an enforceable obligation against the District until approved or ratified by motion of the Governing Board duly passed and adopted.
Madera Unified School District Consultant:
Superintendent or designee: Name:
__________________________________________ ___________________________________ Title
___________________________________________ ____________________________________ (Signature) (Signature)
Date: ______________________________________ Date: _______________________________ Federal ID/SS# _______________________
(do not include SSN until after Board approval)
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: June 21, 2023
_________________________________ Agenda Number: ___________ Ismael Hernandez, Director of Public Works
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Agreement with SNF Polydyne Inc. for Sludge Dewatering Polymers RECOMMENDATION:
Adopt a resolution approving a two-year agreement with SNF Polydyne Inc. to provide sludge dewatering polymers for use at the Wastewater Treatment Plant for $17.758 per gallon, costing $223,751 per year
SUMMARY:
The City owns and operates a Wastewater Treatment Plant (WWTP) with a sludge dewatering facility southwest of the City. Sludge is a material that accumulates as a result of treating sewage and is treated to reduce the volume. Reducing the volume makes it less costly to pump and haul off, and the stabilization makes it safe to handle. A part of treating sludge is to dewater it. The sludge dewatering facility is composed of two sludge centrifuges which use polymers to help remove water from the sludge. This Agreement would be for the purchase of polymer for two years for $223,751 per year.
DISCUSSION:
The City previously had a contract with SNF Polydyne, Inc., but that contract expired last year.
The City has been purchasing the needed sludge dewatering polymers from SNF Polydyne, Inc. monthly, as WWTP operations are essential. The City issued a Request for Proposal (RFP), No. 202223-06, for Sludge Dewatering Polymers on March 3, 2023. The RFP was:
Posted on PlanetBids, an online platform for RFPs, where the platform notified 266 vendors.
o Four firms downloaded the RFP from PlanetBids and indicated they would provide a proposal.
Advertised in the Madera Tribune on March 4, 2023.
D-5
Emailed directly to 14 firms.
Firms were notified that they would be required to conduct a jar test at the WWTP to test the polymers' effectiveness on sludge under WWTP staff's supervision. Two firms conducted a jar test, and two proposals were received on April 4, 2023. Both bids were reviewed according to the metrics listed in the RFP.
Table 1: Bids Reviewed
SNF Polydyne, Inc.
NALCO Water
Evaluation scores were computed based on a weighted formula. The evaluation criteria are outlined in Table 2.
Table 2: Evaluation Criteria and Maximum Evaluation Score Criteria Max. Evaluation Score
Completeness of Response Pass/Fail
Product Specifications 400
References 25
Cost Proposal 75
Subtotal 500
A summary of the agreement is as follows:
The agreement is two (2) years, with an option to extend the agreement for two (2) additional one (1) year extensions.
The supplier will be responsible for delivering the sludge dewatering polymer and offloading it.
A sales representative shall provide a monthly service call to monitor the polymer’s performance and ensure that the same efficiency is maintained as those shown in the jar tests.
The supplier will provide the polymer on an “on-call as needed” basis with no minimums or maximums.
The agreement can be terminated at any time without liability with 30 business days prior written notice by either party. In the event of such termination, the supplier will be paid for all goods provided prior to termination.
Table 3: Evaluation Scores
Firm Evaluation Ranking Overall Weighted Score
SNF Polydyne, Inc. 1 435
NALCO Water 2 264
FINANCIAL IMPACT:
Under the agreement, SNF Polydyne, Inc. would provide the City with its polymer for $17.758 per gallon, including delivery and taxes. The WWTP currently uses three totes of polymer a month.
One tote equals 300 gallons. In addition to using three totes a month, the WWTP has six totes in reserve should the need arise. Per Table 4, the annual cost to the City would be $223,751.
Operating costs for the WWTP are paid by ratepayers as part of their sewer bill, and purchasing sludge dewatering polymer is a typical routine cost of the WWTP’s operating budget.
Table 4: Costs for the polymer per year1
Gallons per month 900
Cost per gallon $17.758
Cost per month $15,982
Cost per year $191,786
Cost for Reserve totes (1,800 gallons) $31,964
Total Cost $223,751
1 Total cost may not match due to rounding
ALTERNATIVES:
Potential Council alternatives include:
Not approve the proposed Agreement
Direct staff to re-release RFP for sludge dewatering polymers ATTACHMENTS:
1. Resolution
2. Agreement with SNF Polydyne, Inc.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA APPROVING AN AGREEMENT WITH SNF POLYDYNE, INC.
WHEREAS, the City of Madera(“City”) owns and operates the Wastewater Treatment Plant; and
WHEREAS, the City has a need to secure sludge dewatering polymers for use in the Wastewater Treatment plant; and
WHEREAS, the City issued a Request for Proposal (RFP) for sludge dewatering polymers on March 3, 2023
WHEREAS, the City posted the RFP to the online platform, PlanetBids where they notified 266 vendors, and the City advertised the RFP in the Madera Tribune on March 4, 2023; and the City directly emailed the RFP to 14 firms; and
WHEREAS, the City received 2 responsive bids in response to the RFP; and WHEREAS, SNF Polydyne, Inc. was found to have the best proposal by a City review board; and
WHEREAS, an agreement has been prepared between the City and SNF Polydyne, Inc.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY finds, orders, and resolves as follows:
1. The above recitals are true and correct.
2. The City Council approves the Agreement with SNF Polydyne, Inc., which is attached hereto as Exhibit 1.
3. This resolution is effective immediately upon adoption. * * * * *
----
(SAMPLE) AGREEMENT FOR GOODS AND SERVICES
BETWEEN
CITY OF MADERA
AND
SNF POLYDYNE INC.
This Goods and Services Agreement, (hereinafter referred to as the "Agreement"), effective June 17,2023, is entered between the City of Madera, a municipal corporation, (hereinafter referred to as "City"), and SNF Polydyne Inc., (hereinafter referred to as "Vendor").
RECITALS
WHEREAS, City issued a Request for Proposals for sludge dewatering polymers for the Waste Water Treatment Plant (WWTP); and
WHEREAS, Vendor submitted a proposal for providing the requested Goods and is engaged in the business of furnishing such goods and hereby warrants and represents that it is qualified, licensed, and professionally capable of providing the Goods called for in the Request for Proposals and this Agreement; and
WHEREAS, City desires to obtain the Goods from Vendor, and Vendor desires to provide the Goods to City, on a non-exclusive basis and in full compliance with controlling federal, state and local laws, rules and regulations; and
WHEREAS, Vendor provides such Goods on a contract basis, as an independent contractor, possessed of and exercising the complete right to control the means of accomplishing said Services; and
WHEREAS, City desires to retain Vendor, and Vendor desires to provide City with the Goods, on the terms and conditions as set forth in this Agreement.
NOW THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein contained, and for other good and valuable consideration hereby acknowledged, the parties agree as follows:
TERMS AND CONDITIONS
1. Term. The term of this Agreement shall be on an as-needed basis for a two-year period effective from the date first set forth above. The term may be extended by the City Manager in writing, if extension limited to term only, and if mutually agreed to at least 90-days in advance of expiration, for a period not to exceed two (2) additional one-year extensions.
2. Scope of Services. Vendor shall provide goods described in Exhibit B which is attached and incorporated by reference.
2.1. Vendor acknowledges and agrees that any Goods he/she/they provides to City shall be on a non-exclusive basis.
2.2. The parties acknowledge and agree that the Vendor, in the performance of this Agreement and the authority delegations provided for in this Agreement and Exhibit A hereto, shall exercise his/her/their independent judgment and shall not take direction, directly or indirectly, in connection therewith from the City Manager, the Mayor, the City Council (or any member thereof), or any other person.
2.3. Vendor represents and warrants that he/she/they is qualified to provide goods described in Exhibit A meeting all experience, training, and current requirements thereunder.
3. Compensation. City shall pay Consultant as follows:
3.1. Vendor shall be compensated in accordance with Exhibit A which is attached and incorporated by reference.
3.2. Vendor shall bill City monthly and submit billing to City within five days from the end of each month. For each billing received by the fifth day of the month, the City shall make payment therefore by the 22nd day of the month.
4. Termination. Remedies and Force Majeure.
4.1. This Agreement shall terminate without any liability of City to Vendor upon thirty (30) business days prior written notice by City to Vendor or by Vendor to City.
4.2. In the event of such termination, Vendor shall be paid for all goods provided to the City to date of termination.
4.3. Upon any termination or expiration of the Agreement, City may (i) exercise any right, remedy (in contract, law, or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic, and incidental damages for the breach of the Agreement.
4.4. Vendor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Vendor and without its fault or negligence, such as: acts of God or the public enemy; acts of City in its contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes; unusually severe weather; and delays of common carriers. Vendor shall notify City Manager in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to City Manager of the cessation of such occurrence.
5. Indemnification and Insurance.
5.1. Indemnification and Defense. Vendor shall indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Vendor’s performance of its obligations under this agreement or out of the operations conducted by Vendor, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Vendor’s performance of this agreement, the Vendor shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.
5.2. Insurance. Vendor shall obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit C attached hereto and incorporated herein by this reference. All insurance policies shall be subject to City approval as to form and content. Vendor shall provide City with copies of required certificates of insurance upon request.
5.3 The provision will survive expiration or termination of this Agreement.
6. Conflict of Interest. Prior to City’s execution of this Agreement, Vendor shall complete a City of Madera Conflict of Interest Disclosure Statement. Said Statement is attached hereto as Exhibit D and incorporated herein by reference. During the term of this Agreement, Vendor shall have the obligation and duty to immediately notify City in writing of any change to the information provided by Vendor on Exhibit D.
6.1. Vendor shall not employ or retain the services of any person while such person either is employed by City or is a member of the City Council, any City commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager if no actual or potential conflict is involved.
6.2. Vendor shall comply with all applicable laws, rules, regulations, and professional canons/requirements governing avoidance of impermissible client conflicts, including without limitation the requirements of the California Political Reform Act (Government Codes Section 87100 et seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et seq.).
6.3. Vendor represents and warrants that as of the effective date hereof, he/she/they represents no client whose interests are adverse to the City's.
6.4. This Section 6 shall survive expiration or termination of this Agreement.
7. Nondiscrimination. Vendor shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, color, creed, religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status, status as a disabled veteran or veteran of the Vietnam era, medical condition, or physical or mental disability. During the performance of this Agreement, Vendor will comply with all laws and regulations, as applicable. Specifically, no person in the United States shall, on the grounds of race, color, creed, religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status, status as a disabled veteran or veteran of the Vietnam era, medical condition, or physical or mental disability be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement.
8. Invalid Provisions. The provisions of this Agreement are severable. In the event any term, covenant, condition or provision of the Agreement, or the application thereof to any person, entity, or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person, entity, or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated, provided that such invalidity, voiding or unenforceability of such covenant, condition or provision does not materially prejudice either party in its respective rights and obligations contained in the then remaining valid covenants, conditions or provisions of this Agreement.
9. Independent Contractor. Vendor is and throughout this Agreement shall be an independent contractor and not an employee, partner, or agent of the City. However, City shall retain the right to verify that Vendor is performing his respective obligations in accordance with the terms hereof.
9.1. Because of his status as an independent contractor, Vendor shall have absolutely no right to employment rights and benefits available to City employees. Vendor shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare, and retirement benefits. In addition, together with his other obligations under this Agreement, Vendor shall be solely responsible for all matters relating to employment and tax withholding for and payment of Vendor's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in City employment benefits, entitlements, programs and/or funds offered employees of City whether arising by reason of any common law, de facto, leased, or co- employee rights or other theory. It is acknowledged that during the term of this Agreement, Vendor may be providing services to others unrelated to City or to this Agreement.
10. Partnership/Joint Venture. This Agreement does not evidence a partnership or joint venture between Vendor and City. Unless specifically provided for herein, the Vendor shall have no authority to bind the City absent City’s express written consent. Except to the extent otherwise provided in this Agreement, Vendor shall bear his own costs/expenses in pursuit hereof.
11. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally or deposited into the United States mail, by registered or certified mail, return receipt requested with postage prepaid, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice.
11.1. Personal service, as aforesaid, shall be deemed served and effective upon delivery thereof. Service by mail, as aforesaid, shall be deemed to be sufficiently served and effective as of 12:00:01 AM, on the fourth (4th) calendar day following date of deposit in the United States mail of such registered or certified mail, properly addressed and postage prepaid.
12. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Vendor without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Vendor shall not assign the payment of any monies due Vendor from City under the terms of this Agreement to any other individual, corporation, or entity. City retains the right to pay any and all monies due Vendor directly to Vendor.
13. Non-Solicitation. Vendor represents and warrants that he has not paid or agreed to pay any compensation, contingent or otherwise, to solicit or procure this Agreement or any rights/benefits hereunder.
14. Compliance with Law. In providing the services required under this Agreement, Vendor shall at all times comply with all applicable laws of the United States, the State of California and City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.
15. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue for purposes of the filing of any case, controversy or proceeding regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Madera County, California.
16. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses in addition to any other relief to which such party may be entitled.
17. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement.
Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
18. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
19. General Provisions.
19.1. Once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives.
19.2. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify, or add to the interpretation or meaning of the provisions of this Agreement.
19.3. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.
19.4. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void.
19.5. The rights, interests, duties, and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.
20. Final Agreement. This Agreement and any documents, instruments and materials referenced and incorporated herein represents the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements between City and Vendor. This Agreement may be modified only by written instrument duly authorized and executed by both City and Vendor.
Notice. Any notice required pursuant to this Agreement shall be deemed delivered if given in writing, mailed with postage prepaid, addressed and directed as follows (or at such other address as the parties may from time to time designate by written notice) CITY: VENDOR:
City of Madera
Attn: Arnoldo Rodriguez
205 W. 4th Street
Madera, CA 93637
Phone: 559-661-5400 Phone:
Email: [email protected] Email:
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties have executed this Agreement at Madera, California, the day, and year first above written.
CITY OF MADERA
a municipal corporation
By:
Santos Garcia
Mayor
Date: _______________________________
VENDOR
By:
Date: _______________________________
ATTEST:
Alicia Gonzales
City Clerk
By:
Deputy
APPROVED AS TO FORM
By:
Hilda Cantú Montoy, City Attorney
Date: ____________________________
Exhibits:
Exhibit A – Schedule of Compensation
Exhibit B – Scope of Services
Exhibit C - Insurance Requirements
Exhibit D - Conflict of Interest Disclosure Form
EXHIBIT A
SCHEDULE OF COMPENSATION
Item Description Rate
1 Cost per pound of emulsion polymer
Insert type: Clarifloc WE-304
$16.405/Gal.*
2 Cost for delivery
Included
3 Any other costs or fees
Explain here: Sales Tax (8.25%)
$1.353/Gal.
Total Net Price Per Gallon ( Delivered)
$17.758/Gal.
EXHIBIT B
SCOPE OF SERVICES
SNF POLYDYNE
CLARIFLOC WE-304 POLYMER
PRINCIPAL USES
CLARIFLOC WE-304 is a very high charge cationic
polyacrylamide in emulsion form that is used asa flocculant in municipal wastewater treatment applications. It has been successfully applied in all liquid/solids separation systems including clarification, thickening, and dewatering.
TYPICAL PROPERTIES
Physical Form
Cationicity
Active Polyacrylamide Min.
Freezing Point
Density
Clear to Milky White Liquid
80%
41 %
<-200 F (<-29° C)
8.4 - 8.6 lb/gal
PREPARATION AND FEEDING
CLARJFLOC \VE-304 is a single component emulsion polymer that must be pre-diluted in water before use. In most cases, this product should not be applied neat. One method for dilution is adding the neat polymer into the vortex of a mixed tank at a concentration between
0.25-1.0% polymer (0.5% is optimum) by weight. The polymer can also be injected through a number of commercially available systems that provide in-line mechanical mixing. The best feed systems use initial high energy mixing (>IO00 rpm) for a short time (<30 sec) to achieve good dispersion followed by low energy mixing (<400 rpm) fora longer time ( I 0-30 min). Polymer solutions should be aged for 15-60 minutes for best results. Solution shelflife is 8-16 hours.
MATERIALS OF CONSTRUCTION
Cross-linked polyethylene, fiberglass, stainless steel or lined steel are the preferred materials of construction for bulk tanks. A void natural rubber and Buna-N gaskets as these materials swell when placed in contact with neat polymer. Unlined mild steel, black iron, galvanized steel, copper or brass are not recommended in any part of the feed system. Stainless steel, Viton or Teflon are the best choices for pump heads. For feed lines, use PVC or reinforced Tygon tubing.
MANUFACTURING SPECIFICATIONS
Total Solids
Residual AcAm
Neat Viscosity
UL Viscosity
44.0 - 51.0 %
< IO00 ppm
500 - 2000 cPs
4.2 - 5.2 cPs
HANDLING AND STORAGE
Suggested in-plant storage lite is one year in unopened drums. For best results, store at 50-80 F. Bulk tanks should be mixed by periodically recirculating the contents bottom to top. Bulk tanks can also be fitted with an agitator type mixer that reaches the bottom 2 feet of the tank.
Drums and bins should be mixed very well before first use and weekly afier that. Do not allow emulsion polymers to freeze. Should freezing occur, allow the product to thaw thoroughly in a heated area and mix well before attempting to use it. For spills of CLARIFLOC WE-304, sprinkle vermiculite or equivalent absorbant over the spill area and sweep the material into approved chemical disposal containers. Do not spray water onto a spill because the resulting gel is very difficult to clean up.
SAFETY INFORMATION
CLARIFLOC \VE-304 s a mildly acidic product that can irritate the skin and eyes and should be handled accordingly. Gloves, goggles and apron are highly recommended. Anyone responsible for the procurement, use or disposal of this product should familiarize themselves with the appropriate safety and handling precautions involved. Such information is outlined in the POL YDYNE Material Safety Data Sheet.
In the event of an emergency with this product, contact Chemtrec anytime day or night at (800) 424-9300.
SHIPPING
CLARlFLOC WE-304 Polymer is shipped in 55 gallon drums
containing 450 pounds net or in 275 gallon totes containing 2300 pounds net. Bulk quantities are also available.
ADDITIONAL INFORMATION
To place an order orobtain technical information from anywhere in the continental United States, call toll free:
18081848-1659
For addit ional information, please r efer to the Safety Data Sheet (SDS) All statements, infom1ation and data given herein arc believed to be accurate, but arc presented without warranty, expressed or implied. Statements concerning possible use are made without representation or warranty that any such use is free of patent infringement, and is not a recommendation to infringe on any patent.
The user should not assume that all safety measures are indicated or that other measures may not be required. Any detennination of U1e suitability of a particular product for any use contemplated by the user is the sole responsibility of the user. © 2016 SNF Holding Company Polydyne Inc, • 1 Chemical Plant Road • Riceboro, GA 31323 • Tel 800,848.7659 • Fax 912,880.2078 • www.polydyneinc,com
SAFETY DATA SHEET
According to U.S. Code of Federal Regulations 29 CFR 1910.1200, Hazard Communication.
SECTION 1: Identification of the substance/mixture and of the company/undertaking
1.1. Product identifier
Product name:
Type of product:
CLARIFLOC™ WE-304
Mixture.
1.2. Relevant identified uses of the substance or mixture and uses advised against Identified uses:
Uses advised against:
Processing aid for industrial applications.
None.
1.3. Details of the supplier of the safety data sheet
Company:
Telephone:
Telefax:
E-mail address:
1.4. Emergency telephone number
24-hour emergency number:
SECTION 2: Hazards identification
POL YDYNE INC
1 Chemical Plant Road
PO BOX279
Riceboro, GA 31323
1-800-848-7659
(912)-884-8770
l-800-424-9300
2.1. Classification of the substance or mixture
Classification according to paragraph (d) of 29 CFR 1910.1200:
Not classified.
2.2. Label elements
Labelling according to paragraph (Q of 29 CFR 1910.1200:
Print Date: 03/30/2023 Revision date: 03/09/2023 Page: 1 / 15
SAFETY DAT A SHEET
Hazard symbol(s):
Signal word:
Hazard statement(s):
Precau/ionary statement(s):
2.3. Other hazards
Spills produce extremely slippery surfaces.
For explanation of abbreviations see Section 16.
SECTION 3: Composition/information on ingredients
3.1. Substances
Not applicable, this product is a mixture.
3.2. Mixtures
Hazardous components
Distillates (petrole11111), h)'drotreated light
Concentra/ion! -range:
GAS Number:
Classification according to paragraph ( d)
of 29 CFR 1910.1200:
Notes
None.
None.
None.
None.
20 - 30%
64742-47-8
Asp. Tax. l;H304
CLARIFLQCTI' WE-304
Does not result in c/assijication of the mixture if the kinematic viscosity is greater than 20.5 mm'ls measured at 40°C.
Poly(oxv-1,2-ethanedivl), a-tridecvl-w-hvdroxv-, branched Concentralion!-range:
GAS Number:
C/assifica/ion according to paragraph ( d)
of29 CFR 1910.1200:
For explanation of abbreviations sec section 16
SECTION 4: First aid measures
Print Dale: 03/30/2023
<5%
69011-36-5
Acute Tax. 4;H302, Eye Dam. l;H318
Revision date: 03/09/2023 Page: 2115
SAFETY DAT A SHEET CLARIFLOC™ WE-304
SECTION 4: First aid measures
4.1. Description of first aid measures
Inhalation:
Move to fresh air. No hazards which require special first aid measures.
Skin contact:
Wash off immediately with soap and plenty of water while removing all contaminated clothes and shoes. In case of persistent skin irritation, consult a physician.
Eye contact:
Rinse immediately with plenty of water, also under the eyelids, for at least 15 minutes. Get medical attention immediately.
Ingestion:
Rinse mouth with water. Do NOT induce vomiting. Call a physician or poison control centre immediately.
4.2. Most important symptoms and effects, both acute and delayed None under normal use.
4.3. Indication of any immediate medical attention and special treatment needed None reasonably foreseeable.
Other information:
None.
SECTION 5: Firefighting measures
5.1. Extinguishing media
Suitable extinguishing media:
Water. Water spray. Foam. Carbon dioxide (CO2). Dry powder.
Warning! Spills produce extremely slippery surfaces.
Unsuilable extinguishing media:
None known.
5.2. Special hazards arising from the substance or mixture Hazardous decomposition products:
Thermal decomposition may produce: hydrogen chloride gas, nitrogen oxides (NOx), carbon oxides (COx). Ammonia (NIB). Hydrogen cyanide (hydrocyanic acid) may be produced in the event of combustion in an oxygen deficient atmosphere.
5.3. Advice for firefighters
Protective measures:
Wear self-contained breathing apparatus and protective suit.
Other information:
Spills produce extremely slippery surfaces.
Print Date: 03/30/2023 Revision date: 03/09/2023 Page: 3/15 SAFETY DATA SHEET CLARIFLOC"' WE-304
SECTION 6: Accidental release measures
6.1. Personal precautions, protective equipment and emergency procedures Personal precautions:
Do not touch or walk through spilled material. Spills produce extremely slippery surfaces.
Protective equipment:
Wear adequate personal protective equipment (see Section 8 Exposure Controls/Personal Protection).
Emergency procedures:
Keep people away from spill/leak. Prevent further leakage or spillage if safe to do so.
6.2. Environmental precautions
As with all chemical products, do not flush into surface water.
6.3. Methods and material for containment and cleaning up Small spills:
Do not flush with water.Soak up with inert absorbent material. Sweep up and shovel into suitable containers for disposal.
Large spills:
Do not flush with water.Dam up. Soak up with inert absorbent material. Clean up promptly by scoop or vacuum.
Residues:
After cleaning, flush away traces with water.
6.4. Reference to other sections
SECTION 7: Handling and storage; SECTION 8: Exposure controls/personal protection; SECTION 13: Disposal considerations;
SECTION 7: Handling and storage
7. 1. Precautions for safe handling
Avoid contact with skin and eyes. Renders surfaces extremely slippery when spilled. When using, do not eat, drink or smoke.
7.2. Conditions for safe storage, including any incompatibilities Keep away from heat and sources of ignition. Freezing will affect the physical condition and may damage the material.
Incompatible with oxidizing agents.
7.3. Specific end use(s)
This information is not available.
SECTION 8: Exposure controls/personal protection
8.1. Control parameters
Occupational exposure limits:
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SAFETY DATA SHEET
Distillates (petrole11111), l,ydrotreated light
ACG/H: 200 mg/ml (8 hours) (vapors)
8.2. Exposure controls
Appropriate engineering controls:
CLARIFLOC™ WE-304
Ensure adequate ventilation, especially in confined areas. Use local exhaust if misting occurs. Natural ventilation is adequate in absence of mists.
Individual protection measures, such as personal protective equipment:
a) Eye/face protection:
Safety glasses with side-shields. Use equipment for eye protection tested and approved under appropriate government standards such as NIOSH (US) or EN 166 (EU).
b) Skin protection:
i) Hand protection: PVC or other plastic material gloves. Be aware that liquid may permeate gloves, frequent change is advised. Suitable gloves can be reconunended by the glove supplier. The selected protective gloves have to satisfy the specifications of EU Directive 89/689/EEC and the standard EN 374 derived from it. ii) Other: Wear coveralls and/or chemical apron and rubber footwear where physical contact can occur. The type of protective equipment must be selected according to the concentration and amount of the dangerous substance at the specific workplace.
c) Respiratory protection:
No personal respiratory protective equipment normally required. d) Additional advice:
Wash hands before breaks and immediately after handling the product. Wash hands before breaks and at the end of workday. Handle in accordance with good industrial hygiene and safety practice.
Environmental exposure controls:
Do not allow uncontrolled discharge of product into the environment.
SECTION 9: Physical and chemical properties
9.1. Information on basic physical and chemical properties a) Appearance:
b) Odour:
c) Odour Threshold:
d)pH:
e) Melting point/freezing point:
Q Initial boiling point and boiling range:
Print Date: 0313012023
Viscous liquid, Milky.
Aliphatic.
No data available.
Not applicable.
<5°C
> 100°c
Revision date: 03/09/2023 Page: 5/15
SAFETY DATA SHEET
g) Flash point:
h) Evaporation rate:
i) Flammability (solid, gas):
j) Upper/lower flammability or explosive limits:
k) Vapour pressure:
I) Vapour density:
m) Relative density:
n) Solubility(ies):
o) Partition coefficient n-octanol!water (log value):
p) Autoignition temperature:
q) Decomposition temperature:
r) Viscosity:
s) Kinematic viscosity:
t) Explosive properties:
u) Oxidizing properties:
v) Particle characteristics:
9.2. Other information
None.
SECTION 1 O: Stability and reactivity
10.1. Reactivity
Stable under recommended storage conditions.
10.2. Chemical stability
Stable under recommended storage conditions.
10.3. Possibility of hazardous reactions
Oxidizing agents may cause exothermic reactions.
10.4. Conditions to avoid
Protect from frost, heat and sunlight.
10.5. Incompatible materials
Print Date: 03/30/2023
Does not flash.
No data available.
Not applicable.
CLARIFLOCTM WE-304
Not expected to create explosive atmospheres.
2.3 kPa @ 20°c
0.804 g/L@ 20°C
1.0 - 1.2 (See Technical Bulletin or Product Specifications for a more precise value, if available)
Completely miscible.
Not applicable.
Not applicable.
> 150°C
> 20.5 mm'/s@ 40°C
No data available.
Not expected to be explosive based on the chemical structure.
Not expected to be oxidising based on the chemical structure.
Not applicable.
Revision date: 03/09/2023 Page: 6 / 15
SAFETY DATA SHEET CLARIFLOC™ WE-304
Oxidizing agents.
10.6. Hazardous decomposition products
Thermal decomposition may produce: hydrogen chloride gas, nitrogen oxides (NOx), carbon oxides (COx). Ammonia (NH3). Hydrogen cyanide (hydrocyanic acid) may be produced in the event of combustion in an oxygen deficient atmosphere.
SECTION 11: Toxicological information
11.1. Information on toxicological effects
Information on the product as supplied:
Acute oral toxicity:
Acute dermal toxicity:
Acute inhalation toxicity:
Skin corrosion/irritation:
Serious eye damage/eye irritation:
Respiratory/skin sensitisation:
Mutagenicity:
Carcinogenicity:
Reproductive toxicity:
STOT - Single exposure:
STOT - Repeated exposure:
Aspiration hazard:
LOSO/oral/rat> 5000 mg/kg (Estimated)
LOSO/dermal/rat> 5000 mg/kg. (Estimated)
The product is not expected to be toxic by inhalation.
Non-irritating to skin.
Not irritating. (OECD 437)
Not sensitizing.
Not nmtagenic.
Not carcinogenic.
Not toxic for reproduction.
No known effects.
No known effect.
Due to the viscosity, this product does not present an aspiration hazard.
Relevant information on the hazardous components:
Distillates (petroleum), hrdrotreated light
Acute oral toxicity: LOSO/oral/rat> 5000 mg/kg (OECD 401) Acute dermal toxicity: LOSO/dermal/rabbit> 5000 mg/kg (OECD 402) Acute inhalation toxicity: LC0/inhalation/4 hours/rat>= 4951 mg/m' (vapors) (OECD 403) (Based on results obtained from tests on analogous products)
Skin corrosion/irritation: Not irritating. (OECD 404)
Repeated exposure may cause skin dryness or cracking.
Print Date: 0313012023 Revision date: 03/09/2023 Page: 7115
SAFETY DATA SHEET
Serious eye damage/eye irritation:
Respiratory/skin sensitisation:
Mutagenicity:
Carcinogenicity:
Reproductive toxicity:
STOT - Single exposure:
STOT - Repeated exposure:
Aspiration hazard:
CLARIFLOC"' WE-304
Not irritating. (OECD 405)
By analogy with similar products, this product is not expected to be sensitizing. (OECD406)
Not mutagcnic. (OECD 471,473,474,476,478,479)
Carcinogenicity study in rats (OECD 45 l ): Negative.
By analogy with similar substances, this substance is not expected to be toxic for reproduction.
NOAEL/rat = 300 ppm. (OECD 42 l)
No known effects.
Based on available data, product is not expected to demonstrate chronic toxic effects.
NOAEL/oral/rat/90 days>= 3000 mg/kg/day (OECD 408) (Based on results obtained from tests on analogous products)
May be fatal if swallowed and enters airways.
Pol)'(OX)'-1, 2-ethanediyl), a-tridec)'l-w-h)'dro.w-. branched Acute oral toxicity:
Acute dermal toxicity:
Acute inhalation toxicity:
Skin corrosion/irritation:
Serious eye damage/eye irritation:
Respiratory/skin sensitisation:
Mutagenicity:
Carcinogenicity:
Print Dale: 03/30/2023
LD50/oral/rat = 500 - 2000 mg/kg
LD50/dermal/rabbit > 2000 mg/kg
No data available.
Not irritating. (OECD 404)
Causes serious eye irritation. (OECD 405)
The results of testing on guinea pigs showed this material to be non-sensitizing.
In vitro tests did not show mutagcnic effects. In vivo tests did not show mutagenic effects.
Based on the absence of mutagenicity, it is unlikely that the substance is carcinogenic.
Revision dale: 03/09/2023 Page: 8/15
SAFETY DAT A SHEET
Reproductive toxicity:
STOT - Single exposure:
STOT - Repeated exposure:
Aspiration hazard:
SECTION 12: Ecological information
12.1. Toxicity
Information on the product as supplied:
Acute toxicity to fish:
Acute toxicity to invertebrates:
Acute toxicity to algae:
Chronic toxicity to fish:
Chronic toxicity to invertebrates:
Toxicity to microorganisms:
Effects on terrestrial organisms:
Sediment toxicity:
CLARIFLOC"' WE-304
Based on available data, product is not expected to be toxic for reproduction.
Two-Generation Reproduction Toxicity (OECD 416)
- NOAEL/rat > 250 mg/kg/day
Prenatal Development Toxicity Study (OECD 414)
- NOAEL/Maternal toxicity/rat > 50 mg/kg/day
- NOAEL/Developmental toxicity/rat> 50 mg/kg/day
No known effects.
Based on available data, product is not expected to demonstrate chronic toxic effects.
NOAEL/oral/rat/600 days= 50 mg/kg/day
No known effects.
LC50/Fish/96 hours = 10 - I 00 mg/L (Estimated)
EC50/Daphnia magna/48 hours = IO - I 00 mg/L (Estimated) Algal inhibition tests are not appropriate. The flocculation characteristics of the product interfere directly in the test medium preventing homogenous distribution which invalidates the test.
No data available.
No data available.
No data available.
No data available.
No data available.
Relevant information on the hazardous components:
Distillates (petrole11111), hvdrotreated light
Acute toxicity to fish: LC0/Oncorhynchus mykiss/96 hours> 1000 mg/L (OECD 203) Acute toxicity to invertebrates: EC0/Daphnia magna/48 hours> 1000 mg/L (OECD 202) Acute toxicity to algae: IC0/Pseudokirchneriella subcapitata/72 hours> 1000 mg/L (OECD 201) Print Date: 03/30/2023 Revision date: 03/09/2023 Page: 9 I 15
SAFETY DATA SHEET
Chronic toxicity to fish:
Chronic toxicity to inverlebrates:
Toxicity to microorganisms:
Effects on terrestrial organisms:
Sediment toxicity:
NOEC/Oncorhynchus mykiss/28 days> 1000 mg/L
NOEC/Daphnia magna/21 days > l000 mg/L
EC50/Tetrahymena pyriformis/ 48h > 1000 mg/L.
No data available.
CLARIFLOC™ WE-304
No data available. Readily biodegradable, exposure to sediment is unlikely.
Polv(oxv-1,2-etlwnedivl), a-tridecvl-w-hvdroxv-, branched Acute toxicity to fish:
Acute toxicity to invertebrates:
Acute toxicity to algae:
Chronic toxicity to fish:
Chronic toxicity to inverlebrates:
Toxicity to microorganisms:
Effects on terrestrial organisms:
Sediment toxicity:
12.2. Persistence and degradability
Information on the product as supplied:
Degradation:
Hydrolysis:
Photolysis:
LC50/Cyprinus carpio/96 hours= I - 10 mg/L (OECD 203)
EC50/Daplmia/48 hours= I - IO mg/L (OECD 202)
IC50/Dcsmodesmus subspicatus/72 hours= I - 10 mg/L (OECD 201) No data available.
NOEC/Daphnia magna/21 days> 1 mg/L (OECD 202)
EClO/activatcd sludge/17 hours> 10000 mg/L (DIN 38412-8) No data available.
No data available.
Based on the degradability data of the components, this product is expected to be readily (bio)dcgradable according to OECD criteria.
At natural pHs (>6) the polymer degrades due to hydrolysis to more than 70% in 28 days. The hydrolysis products are not harmful to aquatic organisms.
No data available.
Relevant information on the hazardous components:
Distillates (petroleum), hvdrotreated light
Print Date: 03/30/2023 Revision date: 03/09/2023 Page: 10 / 15 SAFETY DATA SHEET CLARIFLOC"' WE-304
Degradation: Readily biodegradable. 67.6% / 28 days (OECD 301 F); 68.8% / 28 days (OECD 306); 61.2% / 61 days (OECD 304 A)
Hydrolysis: Does not hydrolyse.
Photolysis: No data available.
Pol)'(OX)'-1,2-etha11ediJ1/), a-tridec)'l-w-hydrox)'-, branched Degradation:
Hydrolysis:
Photolysis:
12.3. Bioaccumulative potential
Information on the product as supplied:
Readily biodegradable.> 60% / 28 days (OECD 301 B)
Does not hydrolyse.
No data available.
The product is not expected to bioaccumulate.
Partition co-efficient (Log Pow):
Bioconcentration factor (BCF):
Not applicable.
No data available.
Relevant information on the hazardous components:
Distillates (petroleum), h)'drotreated light
Partition co-efficient (Log Pow): 3-6
Bioconcentration factor (BCF): No data available.
Po/)'(ox)'-1,2-etha11edi)'/), a-tridec)'/-w-h)'drox)'-, branched Partition co-efficient (Log Pow): >3
Bioconcentration factor (BCF): No data available.
12.4. Mobility in soil
Information on the product as supplied:
No data available.
Print Date: 03/30/2023 Revision date: 03/09/2023 Page: 11 / 15
SAFETY DAT A SHEET
Relevant information on the hazardous components:
Distillates (petrole11111), ll)'drolreated light
Koc: No data available.
Pol),(oxv-1,2-ethanedivl), a-tridecvl-w-hvdroxv-, branched Koc:
12.5. Other adverse effects
None known.
> 5000
SECTION 13: Disposal considerations
13. 1. Waste treatment methods
Waste from residues/unused products:
Dispose in accordance with local and national regulations.
Contaminated packaging:
CLARIFLOC"' WE-304
Rinse empty containers with water and use the rinse-water to prepare the working solution. If recycling is not practicable, dispose of in compliance with local regulations. Can be landfilled or incinerated, when in compliance with local regulations.
Recycling:
Store containers and offer for recycling of material when in accordance with the local regulations.
SECTION 14: Transport information
Land transport (DOT)
Not classified.
Sea transport (IMDG)
Not classified.
Air transport (IA TA)
Not classified.
SECTION 15: Regulatory information
15.1. Safety, health and environmental regulations/legislation specific for the substance or mixture Information on the product as supplied:
Print Date: 03/30/2023 Revision date: 03/09/2023 Page: 12 I 15 SAFETY DATA SHEET CLARIFLOC™ WE-304
TSCA Chemical Substances lnventoiy:
All components of this product are either listed as active on the inventory or are exempt from listing.
US SARA Reporting Requirements:
SARA (Section 311/312) hazard class:
Not concerned.
SARA Title Ill Sections:
Section 302 (TPQ) - Reportable Quantity:
Not concerned.
Section 304 - Reportable Quantity:
Not concerned.
Section 313 (De minimis concentration):
Not concerned.
Clean Water Act
Section 311 Hazardous Substances /40 CFR 117.3) - Reportable Quantity:
Not concerned.
Clean Air Act
Section 112/rJ Accidental release prevention requirements /40 CFR 68) - Reportable Quantity:
Not concerned.
CERCLA
Hazardous Substances List /40 CFR 302.4) - Reportable Quantity:
Not concerned.
RCRA status :
Not RCRA hazardous.
California Proposition 65 Information:
WARNING! This product contains a chemical known to the State of California to cause cancer and birth defects or other reproductive harm, Acrylamide
SECTION 16: Other information
NFPA and HMIS Ratings:
NFPA:
Print Date: 03/30/2023 Revision date: 03/09/2023 Page: 13 I 15
SAFETY DATA SHEET
Health:
Flanunability:
Instability:
HMIS:
Health:
Flammability:
Physical Hazard:
PPE Code:
0 l
0 0
1 0
B
This data sheet contains changes from the previous version in section(s):
CLARIFLOCTM WE-304
SECTION 8. Exposure controls/personal protection, SECTION 9. Physical and chemical properties, SECTION 16. Other Information.
Key or legend to abbreviations and acronyms used in the safety data sheet:
Acronyms
STOT = Specific target organ toxicity
Abbreviations
Acute Tox. 4 = Acute toxicity Category Code 4
Asp. Tox. l = Aspiration hazard Category Code l
Eye Dam I = Serious eye damage/eye irritation Category Code I Hazard statements
H302 - Harmful if swallowed
H304 - May be fatal if swallowed and enters airways
H3 l 8 - Causes serious eye damage
Training advice:
Do not handle until all safety precautions have been read and understood.
This SOS was prepared in accordance with the following:
U.S. Code of Federal Regulations 29 CFR 1910.1200
Version: 21.01.a
ENCC046
Print Date: 03/30/2023 Revision date: 03/09/2023 Page: 14 / 15 SAFETY DATA SHEET CLARIFLOC™ WE-304
The information provided in this Safety Data Sheet is correct to the best of our knowledge, information and belief at the date of its publication. The information given is designed only as a guidance for safe handling, use, processing, storage, transportation, disposal and release and is not to be considered a warranty or quality specification. The information relates only to the specific material designated and may not be valid for such material used in combination with any other materials or in any process, unless specified in the text.
Print Date: 03/30/2023 Revision date: 03/09/2023 Page: 15 / 15 (SAMPLE) AGREEMENT FOR GOODS AND SERVICES
BETWEEN
CITY OF MADERA
AND
SNF POLYDYNE INC.
This Goods and Services Agreement, (hereinafter referred to as the "Agreement"), effective June 17,2023, is entered between the City of Madera, a municipal corporation, (hereinafter referred to as "City"), and SNF Polydyne Inc., (hereinafter referred to as "Vendor").
EXHIBIT C
INSURANCE REQUIREMENTS
A. Insurance Requirements.
Consultant shall maintain limits no less than:
• $2,000,000 General Liability (including operations, products and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01. General liability policies shall be endorsed using ISO form CG 20 10 that the City and its officers, officials, employees, and agents shall be additional insureds under such policies.
• $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies. • Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.
Maintenance of Coverage
Consultant shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.
Proof of Insurance
Consultant shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.
Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Consultant, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.
Enforcement of Contract Provisions (non estoppel)
Consultant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder.
Specifications not Limiting
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Consultant maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Consultant.
Notice of Cancellation
Consultant agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) calendar days’ notice of cancellation (except for nonpayment for which ten (10) calendar days’ notice is required) or nonrenewal of coverage for each required coverage.
Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible.
Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.
Timely Notice of Claims
Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional Insurance
Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.
EXHIBIT D
DISCLOSURE OF CONFLICT OF INTEREST
YES* NO
1 Are you currently in litigation with the City of Madera or any of its agents?
2 Do you represent any firm, organization or person who is in litigation with the City of Madera?
3 Do you currently represent or perform work for any clients who do business with the City of Madera?
4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Madera, or in a business which is in litigation with the City of Madera?
5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Madera employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project?
* If the answer to any question is yes, please explain in full below.
Explanation:
Signature
(name)
(address)
(city state zip)
Additional page(s) attached.
□ □
□ □
□ □
□ □
□ □
□ □
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: June 21, 2023
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
________________________________
Hilda Cantu Montoy, City Attorney
SUBJECT:
Consider Draft of City Council Protocols Guidebook
RECOMMENDATION:
1. Consider and provide direction on pursuing the preparation of a City Council Protocols Guidebook for future Council action
2. Consider and provide direction on Rules of Procedure for Conducting City Council Meetings for future Council action
3. Consider and provide direction on Ceremonial Documents (Proclamations, Certificates)
4. Consider and provide direction on Use of City Facilities
5. Consider and provide direction on Council Sponsorship and Support of Special Events Policy for future Council action
SUMMARY:
The Council has requested the preparation of policies regarding Council various procedures associated with Council meetings. The City Manager and City Attorney are recommending an approach wherein the Council would adopt a Protocols Guidebook (Guidebook) with specific chapters addressing matters such as:
▪ Rules for conducting meetings
▪ Ceremonial documents (Proclamations, Certificates)
▪ Use of City Facilities
▪ Support of special events
~ (2.o/A)ffY E-1
Ji!dtv a~ ~ff
The Protocols Guidebook would serve as a guide for Council, staff, and members of the public so that there is a common understanding of the City’s policies and procedures relating to said matters. Council has specifically prioritized meeting rules, proclamations, and support of special events.
Staff seeks direction on the proposed Protocols Guidebook concept. The Guidebook includes a chapter on Council meeting rules for Council consideration and direction at this meeting. Finally, staff is seeking direction on the ceremonial documents policy and Council support of special events policy. Chapter 1 of the Guidebook would include the already adopted Code of Conduct.
It should be noted that some chapters overlap. For example, City support for an event may include the use of a City facility. Thus, it will be imperative that the Guidebook be internally consistent to minimize potential confusion.
DISCUSSION:
The purpose of this meeting is to address the following:
A. The Guidebook
Upon approval of the concept for the Guidebook, City staff will proceed with preparation for Council’s approval. Rather than wait until it is final, the approach is to adopt it with completed chapters and reserve chapters for still incomplete policies. The chapters not yet completed would be presented to Council for adoption and inclusion in the Guidebook.
Staff suggests that the following be included in said Guidebook:
1. Rules for Conducting City Council Meetings
2. Code of Conduct (previously approved by City Council)
3. City Council Expenses and Reimbursement Policy
4. Ceremonial Documents including Proclamations and Certificates
5. Use of City Facilities Chapter
6. Council Support/Sponsorship Chapter
a. Including Use of City Logo on promotional material
7. Flag Raising
B. The Council Meeting Rules and Procedures Chapter
This is by far the most detailed of the chapters in the proposed Guidebook. We have endeavored to provide detailed information to assist the Council in conducting their meetings as well as to provide members of the public with the procedures and reasons for such procedures (e.g., the Brown Act). While attempting not to be overly restrictive, the rules are articulated in a manner to guide Council Members in their actions.
We note that Title II, Chapter 1 of the Municipal Code will need to be updated to reflect the Council Meeting Rules of Procedure. The first reading would be presented when the Guidebook is presented to Council for adoption.
C. Ceremonial Documents (Certificates)
Certificates of recognition are prepared for:
▪ Commendation
▪ Appreciation
▪ Congratulations, and
▪ Welcome.
Such events include Robot Champions, Business Recognition, Volunteers Recognition, Scholarly Recognition, Athletics Recognition, etc.
A potential policy may include the following:
1. Incoming requests for certificates of recognition to be presented at an event or Council meeting are provided to the City Clerk. All certificate requests are provided in writing two weeks prior to the event/Council meeting date and include certificate verbiage (three sentences maximum).
2. Determining if a request is appropriate. Council direction is needed on who will make a determination as to the appropriateness of a request.
3. Once approved, the certificate is either scheduled at an upcoming Council meeting, presented at an event, or the certificate is picked up/mailed. If the Mayor is unable to attend an event, the Mayor Pro Tem or a Councilmember attends on behalf of City Council. In this case, the Mayor along with the attending Mayor Pro Tem/Councilmember signs the certificate of recognition.
D. Ceremonial Documents (Proclamations)
Proclamations are prepared to recognize and celebrate extraordinary achievements by residents of the City and to honor occasions of important significance to the City, state, or county. They are:
▪ For organizations and/or their representatives in observance of a day, week or month.
▪ Proclamations can be prepared for events such as a 100+ birthday, ▪ Serve as an educational purpose/public awareness of noteworthy causes like “Breast Cancer Awareness Month” or “Crime Prevention Week” or “National Robotics Champions.”
Requests are reviewed on a case-by-case basis; documents are not legally binding, should not be interpreted as a policy endorsement, and will not be automatically renewed.
1. Determining if a request is appropriate. Council direction is needed on who will make a determination as to the appropriateness of a request.
2. Incoming requests for a proclamation to be presented at an event or Council meeting are to be filed with the City Clerk for approval. Proclamation requests are to be submitted in writing two weeks prior to the event/Council meeting date and include a draft proclamation.
3. Once approved, the proclamation is either scheduled at an upcoming Council meeting, presented at an event or the proclamation is picked up/mailed. If the Mayor is unable to attend an event, the Mayor Pro Tem or a Councilmember attends on behalf of City Council.
4. If a request for a proclamation is submitted with little verbiage, the requestor is contacted and advised that a certificate of recognition is more appropriate for the occasion.
E. Use of City Facilities Chapter
It is common for the City to receive requests to use a City facility, such as a park. Today, staff has allowed non-profit organizations to use City facilities at no cost. The City has also provided staff to set up, sound equipment, tables, and chairs.
At a minimum, the policy should outline when the City will enter into a ▪ Formal City Sponsorship relationship, with monetary support; or ▪ Informal Co-Sponsorship support for City sponsored special events.
Requests for support will be approved in an equitable manner, ensuring a variety of programs, services, and community organizations receive the available support.
F. Council Support/Sponsorship Chapter
Historically, the City has supported various community events with in-kind or financial support based on citywide community needs and budgetary allocations. In order to ensure equitable opportunity for organizations to submit proposals, it is advisable that the City formalize the process.
In addition, this policy should outline the appropriate use of the City logo for promotional material.
ATTACHMENTS:
1. Resolution relating to Council Protocols Guidebook and Exhibit A (Council Protocols Guidebook)
2. Sample policies regarding Ceremonial Documents
3. Sample policies on Support/Sponsorship of Special Events.
RESOLUTION NO. 23-_____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA ADOPTING
CITY COUNCIL PROTOCOLS GUIDEBOOK
WHEREAS, the City Council’s adoption of accepted best practices for local governance in accordance with federal, state, and local laws promotes and enhances effective administration of City Council affairs; and
WHEREAS, documenting the best practices provides members of the public with transparency; and
WHEREAS, while attempting not to be overly restrictive, procedures are established so that expectations and practices can be clearly articulated to guide Council Members in their actions. It is anticipated that this Protocols Guidelines may be revised from time to time; and WHEREAS, this Protocols Guidebook provide a summary of important aspects of City Council activities; and
WHEREAS, Government Code Section 36813 authorizes the City Council to establish rules of procedure for the conduct of City Council meetings; and WHEREAS, the adoption of such rules of procedure contribute to the orderly conduct of the City’s business and are convenient and transparent for members of the public; and WHEREAS, the Council finds that adoption of a Protocols Guidelines are in the best interest of the City and its residents.
NOW, THEREFORE, the City Council of the City of Madera resolves as follows:
SECTION 1. The recitals set forth above are true and correct and are incorporated herein by reference.
SECTION 2. The City Council hereby adopts the “City of Madera City Council Protocols Guidebook” (hereafter “Protocols Guidebook”) as set forth in Exhibit A and incorporated herein by reference.
SECTION 3. There are certain chapters which will be considered and adopted by Council at a later date. Upon adoption of such chapters they will be inserted in the Protocols Guidebook and the Table of Contents will be updated as necessary.
SECTION 4. The Protocols Guidebook may only be amended by resolution of the City Council except for specific provisions that expressly provide otherwise.
SECTION 5. Any existing City Council rules, resolutions, and policies as well as administrative policies in conflict with the Protocols Guidebook are superseded, repealed, and deemed null and void.
SECTION 6. This resolution is effective upon adoption.
*****
CITY COUNCIL OF THE CITY OF MADERA ADOPTING CITY
COUNCIL PROTOCOLS GUIDEBOOK
TABLE OF CONTENTS
INTRODUCTION
CHAPTER I Rules for Conducting City Council Meetings
CHAPTER II Code of Conduct
CHAPTER III City Council Expenses and Reimbursements Policy.
CHAPTER IV Ceremonial Documents (Proclamations, Certificates) CHAPTER V Use of City Facilities Chapter
CHAPTER VI Council Sponsorship and Support of Special Events Policy (including use of City Logo)
CHAPTER VII Flag Raising Policy
2 INTRODUCTION
Purpose of the Council Protocols Guidebook
The purpose of this Council Protocols Guidebook is to assist the City Council by documenting currently accepted best practices for local governance. Through agreement of the City Council and staff to be bound by these practices, the effective administration of City Council affairs is greatly enhanced. Moreover, documenting the protocols provides members of the public with transparency. While attempting not to be overly restrictive, procedures are established so that expectations and practices can be clearly articulated to guide Council Members in their actions.
It is anticipated that this Protocols Guidebook may be revised from time to time.
Overview of City Documents
This Protocols Guidebook provides a summary of important aspects of City Council activities.
However, it cannot incorporate all material and information necessary for undertaking the business of a City Council. Many other laws, policies, plans and documents exist which bind the City Council to certain courses of action and practices. A summary of some of the most notable documents that establish City Council direction is provided below.
Madera Municipal Code: The Municipal Code contains local laws and regulations adopted by ordinances. Title II addresses the time and place of meetings, compensation of council members and council member attendance at council meetings. It also describes the organization and appointment of boards and commissions. In addition to these administrative matters, the Municipal Code contains a variety of laws. The Municipal Code is available on the City’s website at www.madera.gov.
California Government Code: While numerous state laws apply to California cities, it is the Government Code which contains many requirements for the operation of city government.
Many of these requirements are also replicated within the Municipal Code to ensure there is broad awareness of such requirements. Madera is a “general law” city, which means it is organized in accordance with provisions of the Government Code. Also described within the Government Code is the Council-City Manager form of government. Basically, this form of government prescribes that a city council’s role is to establish polices and priorities, while the role of the city manager is to oversee the operations of the city government. 3 CHAPTER I.
CITY COUNCIL CODE OF CONDUCT
(Council-adopted Code of Conduct to be inserted here)
4 CHAPTER II
RULES FOR CONDUCTING CITY COUNCIL MEETINGS
RULE 1. GENERAL.
A. Authority and Purpose. The Madera City Council establishes these Rules for Conducting City Council Meetings (Rules) pursuant to Government Code Section 36813. These Rules shall be in effect upon adoption by the City Council and shall remain in effect until such time as they are amended or repealed or new rules are enacted by the Council. The terms “City Council” and “Council” are used interchangeably in these Rules.
B. Applicable Laws. These Rules of Procedure are in addition to, and not in place of, applicable ordinances and statutes. In the event of a conflict between any part of these Rules and applicable ordinances and statutes, the latter shall govern. Applicable laws include but are not limited to Title II, Chapter 1 of the Madera Municipal Code and Government Code Section 54950 to 54963 (the “Brown Act”), and statutes including but not limited to provisions regarding Conflicts of Interest, public hearings, and votes required for Council action.
C. Code of Conduct. Members of the Council and staff shall abide by the City’s Code of Conduct.
D. Email, Text Messages or Electronic Communications. Councilmembers shall not use email, text messages, or other electronic communication during Council Meetings to send or receive communications concerning the subject matter before City Council at the time of the communication.
RULE 2. MEETINGS.
A. Brown Act. All meetings are subject to the Brown Act. In the event these Rules are in conflict with the Brown Act, the Brown Act shall prevail. All meetings (except closed sessions authorized by the Brown Act) shall be open to the public. No member of the public shall be required, as a condition to attendance at a City Council meeting, to register his or her name, to provide other information or otherwise to fulfill any other condition precedent to his or her attendance.
B. Types of Meetings.
1. Regular Meetings. Regular meetings are meetings occurring at the dates, times, and locations set by City ordinance and this policy. Regular meetings are subject to the Brown Act’s 72-hour agenda posting requirements. See Rule 4E. 5 2. Adjourned Meetings. Adjourned meetings are regular or special meetings that have been adjourned to a time and place specified in the order of adjournment, with no agenda required for regular meetings adjourned for less than five calendar days as long as no additional business is transacted beyond those items on the agenda. Such orders of adjournment shall be posted.
3. Special Meetings. Special meetings are meetings called by the Mayor or majority of City Councilmembers to discuss only discreet items on the agenda under the Brown Act’s notice requirements for special meetings. Under the Brown Act, Special Meetings only require that members of the public be allowed to speak on items on the agenda. In other words, a general public comment period is not required at Special Meetings. Special Meetings are subject to the Brown Act’s 24- hour notice.
4. Emergency Meetings. Emergency meetings may be conducted as authorized in Government Code Section 54956.5 in the event of an “emergency situation” as defined in Government Code Section 54956.5. The special meeting provisions apply except for the 24-hour written notice requirement.
C. Meeting Dates/Time/Location.
1. Regular Meetings. Per Section 2-1.01 of the Madera Municipal Code, regular meetings of the Council are held on the first and third Wednesdays of each month at 6:00 PM in the Council Chambers of City Hall. Per Section 2-1.01, when the time for a regular meeting falls on a holiday, Christmas Eve, or New Year’s Eve such meeting shall be held at the same hour on the next succeeding day not a holiday unless otherwise provide by Council. Regular meetings are subject to the Brown Act’s 72-hour agenda posting requirements. The Council may conduct its meetings at other locations within the City provided that the alternate location is duly noticed on the posted agenda.
2. Special Meetings. Special meetings may be held on any date and time subject to the Brown Act’s 24-hour notice requirements. Special Meetings shall be held in the Council Chambers of City Hall. The Council may conduct its meetings at other locations within the City provided that the alternate location is duly noticed on the posted agenda.
D. Quorum. Under Section 2-1.05 of the Madera Municipal Code, a majority of all the members of the Council shall constitute a quorum necessary to transact Council business.
If no quorum is present, the Mayor, Mayor Pro Tem or any member of the Council shall adjourn such meeting, and if no member of the Council is present, the City Clerk shall adjourn the meeting. (Note: see Rule 7C for number of votes required for action items.) In the event a member of the Council must leave the room as required under the Political 6 Reform Act because of a conflict of interest, that person may not be counted towards a quorum.
E. Closed Sessions. Closed sessions may be held at any regular or special meeting for any purpose authorized under the Brown Act. Council actions shall be governed by the Brown Act. Public comments on any item to be heard in closed session shall be received prior to a closed session. No discussions in closed session shall take place without a quorum present.
When required by state law, actions taken in closed session shall be announced in open session promptly after the closed session. A place may be listed on the agenda for such announcements. After closed sessions, the Council will reconvene in open session and the City Attorney shall make any such required announcements prior to final adjournment of the meeting.
F. Minutes of Proceedings. An account of all public proceedings of the City Council shall be recorded by the City Clerk and entered into the official Minute Book of the City Council.
The minutes shall be Action Minutes wherein very little, if any narrative is included and only motions and votes are shown. Minutes shall be available for inspection by the public.
G. City Manager. The City Manager shall attend all meetings of the Council unless excused.
In his or her absence, the City Manager shall designate a substitute. The City Manager may make recommendations and shall have the right to take part in all discussions of the Council but shall have no vote.
H. City Attorney. The City Attorney shall attend all meetings of the Council unless excused.
In his or her absence, the City Attorney shall designate a substitute. The City Attorney shall give opinions, either written or oral, on questions of law and shall serve as the Council’s parliamentarian.
I. City Clerk. The City Clerk shall attend all meetings of the Council unless excused. In his or her absence, the City Clerk shall designate a substitute. The City Clerk shall prepare and post the agenda, record, prepare and maintain the official record of the Council and perform other related duties as prescribed by the Council.
J. Department Directors/Employees. Department Directors and City employees, as directed by the City Manager, shall attend Council meetings.
K. Sergeant-at-Arms. Per Madera Municipal Code Section 2-1.17, the Police Chief is the exofficio sergeant-at-arms of the Council.
RULE 3. DUTIES.
A. Mayor. The Mayor is a member of the City Council and shall have all of the powers of a 7 Councilmember. When the terms “Council,” “City Council,” and “Councilmembers” are used in these Rules, they include the Mayor.
B. Mayor Pro-Tem. The Mayor Pro-Tem shall perform the duties of the Mayor whenever the Mayor is absent or is unable to perform such duties.
C. Presiding Officer. The Mayor shall preside at all Council meetings and is deemed the Presiding Officer. In the Mayor’s absence, the Mayor Pro-Tem shall preside. In the absence of both, the Councilmembers present shall select a Presiding Officer.
1. Call to Order. The Presiding Officer shall call the meeting to order at the hour appointed. In the absence of the Mayor and the Mayor Pro-Tem, the meeting shall be called to order by the City Clerk and those Councilmembers present shall proceed to select a temporary Presiding Officer.
2. Preservation of Order. The Presiding Officer shall preserve strict order and decorum and shall confine debate to the item under discussion.
3. Motion to Be Stated. The Presiding Officer shall state any motion submitted for a vote and shall announce the result of all votes. A roll call vote shall be taken upon the request of any Councilmember or as may be required by law in certain instances.
RULE 4. AGENDAS.
The term “Agenda” as used in these rules applies to regular meeting agendas and to special meeting notices.
A. Regular Meeting Agendas.
The following outlines the general order of business for regular meetings. The Council may decide to change the order during the Approval of the Agenda or as deemed necessary during a meeting. The City Manager may also direct that an agenda be prepared with a different order to meet needs of Councilmembers or consultants as authorized by Madera Municipal Code Section 2-1.04(B).
1. Call to Order
2. Roll Call
3. Invocation
4. Pledge of Allegiance
5. Approval of Agenda
6. Presentations: Proclamations, Awards, Introductions, Ceremonials(No action may be taken on such matters.)
7. Public Comment (Re matters not on agenda)
8 8. Public Hearings
9. Consent Calendar
10. Workshop
11. Petitions, Bids, Resolutions, Ordinances, and Agreements
12. Administrative Reports
13. Councilmember Communications (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 initiate new matters and to request updates, (iii) and to initiate new agenda items. Under this section the Council may take action only on items specifically agendized and which meet other requirements for action.)
14. Closed Session.
15. Reconvene Public Session and Provide Report from Closed Session if required.
16. Adjournment.
B. Special Meeting Agendas.
The following outlines the general order of business for special meetings.
1. Call to Order
2. Roll Call
3. Invocation
4. Pledge of Allegiance
5. Approval of Agenda
6. Notice of Public Comment re Matters on Agenda
7. List of Items to be considered by Council
8. Adjournment
C. Content of Agenda for Meetings.
1. The Agenda is prepared by the City Clerk under the direction of the City Manager.
The City Clerk works with the City Attorney to ensure that items are worded correctly and meet legal requirements under the Brown Act and other laws and to ensure that required notices, publication, and hearing requirements have been met prior to placement of items on the agenda.
2. The Agenda shall specify the time, date, and location of the meeting and contain a brief description of each item of business to be transacted or discussed at the meeting, including closed sessions items.
D. Placing Items on the Agenda.
1. General. The City Manager shall determine items for placement on the agenda except for Closed Sessions at the request of the City Attorney. 9 2. City Council. A majority of the Council may direct that items be placed on a future meeting agenda.
A member of the Council may request that an item be placed on a meeting agenda by verbal request during the Councilmember Communications part of the agenda.
If there is majority agreement by the Council, the item will be placed on a future agenda. The City Manager in consultation with the City Attorney will determine whether the item requires that other procedures be followed prior to placement on the agenda. For example, some action items require a notice of public hearing by publication. At the meeting where the request is made, discussion shall be limited to whether the item shall be added to a future agenda.
3. Members of the Public. Requests by members of the public for placement of an item on the Agenda may be submitted to the City Clerk. The City Clerk will consult with the City Manager who shall determine the matters to be placed on the Agenda and on which upcoming agenda the requested item may be placed depending on the length of the agenda. Members of the public will be advised as to whether and when an item will be placed on the agenda. If a request is not approved, the member of the public may appear at Council meeting and make the request during Public Comment.
E. Posting of Regular Meeting Agendas and Special Meeting Notices. Per the Brown Act, the City Clerk shall post the Agenda for regular meetings at the front entrance of the Madera City Hall and the City website at least 72 hours before any regular meeting. The same process shall be followed for the posting of Special Meeting Notices except that the posting is to be done at least 24 hours prior to the meeting as required by the Brown Act.
The ‘Special Meeting Notice and Agenda” is referred to as Special Meeting Agenda interchangeably.
F. Availability of Agenda Documents. The documents and materials regarding the agenda items will be posted on the City’s website with the Agenda. Documents not posted with Agenda will be distributed as described below. A binder with the documents and materials regarding the agenda will be made available at City Hall.
1. Per the Brown Act under Government Code 56957.5, if a writing is a public record related to an agenda item (hereafter ‘writing’) for an open session of a regular meeting of the Council and is distributed to all or a majority of all of the members of the Council less than 72 hours before that meeting, the writing shall be made available for public inspection and the following requirements apply:
a. City shall make available any writing described above for public inspection at a public office or location that the City designates for that purpose. 10 b. Agendas shall list the address where such writings are available for public inspection.
c. The writings distributed under this section shall actually be posted and made available for public inspection; and
d. Posted on the City website.
2. If the foregoing requirements are not met, the following requirements apply:
a. The initial staff report containing an executive summary and recommendation regarding the agenda item must be made available to the public at least 72 hours before the meeting. This requirement is satisfied by posting both the agenda and staff report with a recommendation on the City website. b. The writing is posted on the City website in a position and manner that makes it clear that it relates to an upcoming agenda item.
c. The City must list the City’s web address of the City’s internet website on the agendas for all meetings of the City Council.
d. The City must make physical copies available for public inspection at City Hall at least 24 hours before the Council meeting.
3. Writings that are public records and distributed during the Council meeting shall be made available for public inspection at the meeting if prepared by the City or a member of the Council, or after the meeting if prepared by some other person.
G. Additions to Agenda. At a regular meeting, the Council may add items of business to the Agenda under the following circumstances, after the Mayor publicly identifies the item if the following requirements are met:
1. Upon a majority vote that an “emergency situation” as defined in Government Code Section 54956.5 exists; or
2. Upon a determination by a two-thirds vote (4 votes) or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the City after the Agenda was posted; or
3. The item was posted for a prior meeting of the Council not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. 11 H. Minutes. Unless requested by any member of the Council, the minutes may be approved without reading if the City Clerk previously furnished a copy to each member.
I. Public Comment. During the Public Comment portion of a regular meeting, any person may address the Council provided that the item is within the subject matter jurisdiction of the Council and is not otherwise on the Agenda. No action may be taken by the Council on any item not on the Agenda. (See Rule 5.)
J. Public Hearings. Items requiring a public hearing will be noticed as required by law. (Note:
Requirements for noticing differ. Staff responsible for Public Hearing agenda item shall coordinate with City Clerk and City Attorney to ensure that proper hearing notice requirements have been met.)
K. Consent Calendar. Items listed under the Consent Calendar are those items staff believes will not require Council discussion and are routine in content. The Consent Calendar may be approved by one motion. Also listed under the Consent Calendar are resolutions confirming action from previous meetings which are brought back for approval of form rather than approval of action or for minor correction and ratification. Items may be pulled from the Consent Calendar for separate discussion and action upon the request of any Councilmember or member of the public.
L. Action Limited to Posted Agenda. No action or discussion may be taken on any item not appearing on the posted Agenda, except that Councilmembers or the City Manager may “briefly respond” (no more than 3 minutes) to statements made or questions posed by persons exercising their public testimony rights under the Public Comment. In addition, on their own initiative, or in response to question posed by the public, Councilmember may ask questions for clarification, provide a reference to staff or other resources for factual information, request staff to report back at a subsequent meeting concerning any matter, or direct staff to place a matter of business on a future agenda.
RULE 5. PUBLIC PARTICIPATION.
A. Public Comment on Agenda Items. Under the Brown Act, public testimony is permitted on all agenda items on the Agenda. Members of the public shall be afforded an opportunity to comment before a motion is made on an agenda item. However, members of the public do not have the right to give testimony outside the scope of or unrelated to the agenda item under consideration. Additionally, members of the public should strive to avoid unduly reiterating their own or others’ testimony.
B. Public Comment for Matters Not on Agenda. Members of the public shall have an opportunity to comment on any matter which is not on the Agenda but is within the City Council’s jurisdiction. Members of the public may not be prohibited from criticism of the policies, procedures, programs, or services of the City or acts or omissions of the City 12 Council. The City Council may not take action on any matter raised during the Public Comment part of the Agenda.
C. Manner of Addressing the City Council. After being recognized by the Mayor, each member of the public addressing the City Council shall go to the podium and will be requested but not required to state his or her name and whom he or she is representing.
After public comment has been closed, no member of the public shall address the City Council on the matter under consideration without first securing Council approval.
D. Time Limits for Public Comments. Members of the public shall limit their remarks to three minutes per agenda item on regular and special meeting agendas and three minutes under the Public Comment part of the agenda for regular meetings. A speaker addressing the Council shall be granted twice the allotted time for comment to ensure non-English speakers the same opportunity to directly address the Council unless simultaneous translation equipment is used.
If a speaker is being repetitious or discussing matters that are not relevant to the issue under consideration, the Mayor may limit the time-period. The Mayor, with the City Council’s consent, may shorten the time to accommodate a very lengthy agenda or when there is undue repetition on an item. The Mayor, with the City Council’s consent, may also lengthen the time limit for complicated matters. The City Clerk shall monitor the time for each speaker and the Mayor shall be responsible for enforcing the time limit.
When a group wants to present the position of the group, the group may identify itself and request to have their spokesperson speak for ten minutes. The Council will not entertain ad hoc requests to have one member of the public yield his or her time to another member of the public.
E. Rules of Decorum.
1. A person who attends a City Council meeting or who addresses the Council under public comment for a specific agenda item or under the Public Comment section of the agenda may not engage in speech or conduct which is likely to provoke others to violent or riotous behavior, which disturbs the peace of the meeting by loud and unreasonable noise, which is irrelevant or repetitive, or which disrupts, disturbs, impedes or renders infeasible the orderly conduct of any City Council meeting.
2. All remarks shall be directed to the Council as a body, and not to any particular Councilmember or member of staff.
3. A person, other than members of the Council and the person having the floor shall not be permitted to enter into the discussion unless requested by the Mayor to speak.
13 4. No member of the public shall direct questions to Councilmembers individually or to members of staff except through the Mayor.
5. Members of the Council shall wait until a person completes his or her public comments before asking questions or commenting. The Mayor shall then ask Councilmembers if they have comments or questions.
6. While the City Council is in session, all persons must preserve order and decorum.
F. Disrupting Behavior. The Mayor or other Presiding Officer is authorized to remove, or cause the removal of, an individual for disrupting a Council meeting pursuant to this Rule
5. The term “disrupting” as used in this rule means (i) a failure to comply with reasonable and lawful regulations adopted by the Council including these Rules and (ii) engaging in behavior that constitutes the use of force or a true threat of force.
G. Warning Required to Cease Disrupting Behavior. The Mayor or Presiding Officer shall warn a person who is breaching the rules of order and decorum to cease such conduct. If after receiving such a warning, the person persists in breaching the rules of decorum, the Mayor or other presiding officer may order the person to leave the City Council meeting.
If such person does not leave, the Mayor or presiding officer may request the Police Chief or Police Chief’s designee (Sergeant-at-Arms) to remove the person from the Council meeting. In the event there is no one from law enforcement present, the Mayor or Presiding Officer may direct the City Manager to contact law enforcement.
H. No Warning for Use of Force or True Threat of Force. The Mayor or Presiding Officer is not required to give a warning to a person who is breaching the rules of order and decorum when the individual engages in behavior that constitutes use of force or a true threat of force. The term “true threat of force” means a threat that sufficient indicia of intent and seriousness that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.
RULE 6. DISCLOSURE OF CONFLICT OF INTEREST.
The Political Reform Act prohibits any public official from making, participating in making, or in any way attempting to use his or her official position to influence a governmental decision in which the public official knows or has reason to know he or she has a financial interest.
A. Specific Requirements of Person with Conflict of Interest. A public official who holds an office specified in Government Code Section 87200, and has a disqualifying financial interest in a decision, shall identify the conflict of interest or potential conflict of interest, and immediately prior to the consideration of the matter, do all of the following:
1. Publicly identify the financial interest that gives rise to the conflict of interest or potential conflict of interest in detail sufficient to be understood by the public. 14 2. Recuse himself/herself from discussing, participating and voting on the matter, or otherwise acting in violation of Government Code Section 87100.
3. Leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on the Consent Calendar.
B. Application of this Rule. Public officials who must comply with this Rule include, but are not limited to, members of the Council, the Mayor, City Manager, City Attorney, Finance Director, City Clerk, and public officials who manage public investments.
RULE 7. ORDINANCES, RESOLUTIONS AND CONTRACTS.
A. Document Approval. All ordinances, resolutions, and contracts shall be approved as to form and legality by the City Attorney and as to content by the City Manager before submission to the Council and before execution.
B. Ordinance Introduction/Adoption. Unless a Councilmember requests a full reading, a proposed ordinance will be read by title only.
C. Number of Votes Required.
1. Government Code Section 36936 requires a recorded majority vote of the full Council for resolutions, ordinances, and orders for the payment of money. This means an affirmative vote of at least four members of the full Council shall be necessary.
2. Urgency and emergency ordinances must be adopted by at least a 4/5 vote of the full Council.
3. Resolutions of necessity for eminent domain must be adopted by 4/5 vote of the full Council.
4. Other Motions and other matters may be adopted or approved by the majority of the quorum present, except as may be required by State law.
D. Ordinance Preservation. Following adoption of an ordinance, the City Clerk will assign a number to the ordinance and publish and post the ordinance or a summary thereof as required by law. The ordinance shall be filed and preserved in the City Clerk’s office. The City Clerk shall also send copies of approved ordinances to the Municipal Code Publisher.
RULE 8. PROCEDURES REGARDING PUBLIC HEARINGS.
Public hearings are matters which require a notice of publication or mail and are required to be 15 heard on a set date and time.
A. Hearing Opened. Mayor announces subject of the public hearing and declares the public hearing open.
B. Order of Proceedings.
1. Generally, public hearings shall be conducted in the order set forth below.
However, certain hearings such as assessment hearings, Proposition 218 hearings, and annexation hearings may require other details which will be coordinated between the City Clerk and City Attorney.
▪ Presiding Officer Opens the Hearing
▪ Staff Report
▪ Presentation by Proponent, Applicant or Appellant
▪ Questions of Proponent, Applicant or Appellant by Council and/or Staff ▪ Public Testimony
▪ Hearing Closed
▪ Discussion by Council
▪ Action by Council
E. Testimony Time Limits. Notwithstanding the public comment period in Rule No. 5, a project or entitlement applicant/appellant shall have such time necessary for a fair and reasonable oral testimony or presentation in connection with the particular Noticed Public Hearing item. In general, this time limit shall be set at 10 to 20 minutes for City’s presentation and the same for Appellants/Applicants. Likewise, certain hearings such as permit revocation hearings may require additional time under due process standards.
However, the general rule for comments by members of the public per Rule 5 shall apply.
F. Motions. No motions may be made until a hearing is closed.
G. Public Hearing Closed. Once the hearing has been closed, no additional public testimony will be taken without a majority vote of the quorum to reopen the hearing, even in cases where the item is continued to a future date for Council consideration. However, after the hearing has been closed, the Council may direct questions to the applicant, or any other person who has testified during the hearing, and receive their answers, which shall be deemed to be part of the record of testimony at the hearing. In the event that public testimony is reopened to allow additional information or additional speakers, the Council shall permit a reasonable time for rebuttal.
H. Written Findings. On any matter for which state law or City ordinance requires the preparation of written findings, the staff report and other materials submitted on the matter will contain findings proposed for adoption by the Council. Any motion directly or impliedly rejecting the proposed findings must include a statement of alternative or 16 modified findings or a direction that the matter under consideration be continued for a reasonable period of time in order for staff to prepare a new set of proposed findings consistent with the evidence which has been presented and the direction provided by the Council.
I. Absence. A Councilmember who is absent from any portion of a hearing conducted by the Council may vote on the matter provided that member:
1. Has watched or listened to a video broadcast or recording of the entire portion of the hearing from which he or she was absent; and
2. Has examined all of the exhibits presented during the portion of the hearing from which that member was absent; and
3. States for the record before voting that the Councilmember deems himself or herself to be as familiar with the record and with the evidence presented at the hearing as if that member had personally attended the entire hearing.
RULE 9. BOARDS, COMMISSIONS AND COMMITTEES.
A. Creation. The City Council may create such ad hoc advisory boards, commissions, and committees as the Council deems appropriate by resolution. As to committees of the Council, whether standing or ad hoc, a resolution should be adopted noting the purpose and duration.
B. Appointments. The Mayor shall make all appointments to such advisory boards, commissions and committees subject to consent and approval of each appointment by the City Council (Government Code 40605) and applicable Municipal Code provisions.
C. Conducting Business. All boards, commissions and standing committees shall conduct their business activities consistent with the requirements of the Brown Act, the Madera Municipal Code Council Resolutions creating the particular board, commission, and committee, and other relevant provisions of State Law.
RULE 10. SUSPENSION AND AMENDMENT OF RULES.
A. Suspension. Any provision of these Rules not governed by the Municipal Code or State law may be temporarily suspended by a unanimous vote of the Councilmembers present at the meeting.
B. Amendment. These Rules may be amended by resolution by a majority vote of the full Council.
RULE 11. MISCELLANEOUS RULES.
17 A. Roll Call Votes. When a vote on a motion is called the Mayor may call for a voice vote unless roll call is required for teleconference meetings where a member(s) is not physically present. Additionally, upon demand by any Councilmember, made before the “Ayes” and “Nays” are called for on any vote, a roll call vote shall be taken on the motion before the Council. The Mayor’s name shall be called last with other members’ names called numerically by District starting with District 1 by the City Clerk. Members shall not give explanations for their vote during a roll call.
B. Silence. During a collective vote (Ayes & Nays), silence of any member denotes an affirmative vote.
C. Abstentions. Councilmembers wishing to abstain from a particular vote shall orally state their abstentions.
RULE 12. RULES OF DEBATE.
A. Rules of Order. These Rules and applicable laws shall govern the proceedings of the City Council. For necessary clarification, the City Council may utilize the most recent Rosenberg’s Rules of Order (copy attached as Appendix A) as a non-binding guide.
B. Obtaining the Floor. Any member of City Council wishing to speak must first obtain the floor by being recognized by the Mayor. The Mayor must recognize any Councilmember who seeks the floor when appropriately entitled to do so. The member must confine his or her remarks to the subject matter under consideration.
C. Motions. The Mayor and Councilmembers may make Motions. The City Clerk shall record all motions and read them back when requested. Upon request, the City Attorney shall assist in the formation of motions. Any motion that does not receive a second shall die and another motion may be made.
D. Questions of Order and Appeals to Rulings of Presiding Officer. A question of order may be raised at any stage of the proceedings, except during a calling of the roll when the ayes and noes on a vote are called for. Such question shall be decided by the Mayor, without debate, subject to an appeal to the Council.
E. Point of Order. The Presiding Officer shall determine all points of order, subject to the right of any Councilmember to appeal the decision to the full Council. If an appeal is taken, the appeal to the Council shall be generally as follows: “I appeal the decision of the Mayor to the City Council.”
F. Appeal of Ruling. Any ruling of the Mayor on motions and points of order may be appealed at the request of any Councilmember. The Mayor shall call for a roll call vote to determine if the ruling is upheld.
18 G. Types of Motions.
1. Main Motion. This motion (and second) puts forward a substantive decision for Council consideration. Only one main motion maybe on the floor at one time.
2. Motion to Amend. This motion seeks to modify the main motion before the Council. A motion to substitute a motion with another motion shall be treated as a motion to amend. Only one motion to amend may be on the floor at one time, unless the Mayor allows Councilmembers to state two or more motions to amend, which may be accumulated and then voted upon in a series in the order made. All motions to amend shall be resolved prior to voting on the main motion.
3. Procedural Motion. This motion is to address a rule of procedure, postpone, or take some other action. Procedural motions take priority over main motions and motions to amend. Only one procedural motion may be on the floor at one time.
A “point of order” may be raised at any time, interrupting a speaker when recognized by the Mayor, to make a procedural motion.
4. Motion to Recess. This motion, if passed, requires the Council to immediately recess. The Mayor determines the length of the recess. It is not subject to debate and requires a majority vote.
5. Motion to Fix Time to Adjourn. This motion, if passed, requires the Council to adjourn the meeting at a specific time set in the motion. It is not subject to debate and requires a majority vote.
6. Motion to Table. This motion, if passed, requires the discussion of the agenda item to be halted and the agenda item placed on hold.
a. The motion can contain a specific date and time in which the item can come back to Council.
b. If the motion does not contain a specific date and time for the return of the item, a motion to take the item off the table will have to be taken at a future meeting to bring it back to Council.
c. A motion to table or to bring it back to the Council requires a majority vote.
7. Motion to Continue. This motion, if passed, requires the particular agenda item to be withdrawn from the Agenda at that time and postponed either indefinitely or to a certain time and/or date, or to a time later in that meeting, as stated in the motion. A motion to continue may be made by any member of the Council, is debatable, and requires a majority vote.
19 8. Friendly Amendment. This is a “request,” rather than a formal motion. The speaker asks whether the maker of the main motion would agree to amend the motion, as suggested. If agreed, and if the member providing the second also agrees, or another second is offered, then the main motion is replaced with the amended motion. If an offer for a “friendly amendment” is rejected, then a formal motion to amend may be made.
9. Motion to Reconsider. A motion to reconsider any action taken by the Council may be made on the day such action was taken. It may be made immediately after a vote is taken. Such motion must be made by one of the members on the prevailing side but may be seconded by any member; it shall be debatable.
Nothing herein shall be construed to prevent any member of the Council from making a motion to reconsider subsequent meeting of the Council so long as the ability to make such motion meets the requirements of applicable laws.
10. Tie Votes. Tie votes result in a lost motion. In such an instance, any member of City Council may offer a motion for further action. If there is no action by an affirmative vote, the result is no action. If the matter involves an appeal, and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision-making person or body from which the appeal was taken. 20 CHAPTER III
COUNCIL EXPENSE AND REIMBURSEMENT POLICY
21 CHAPTER IV
CEREMONIAL DOCUMENTS (PROCLAMATIONS AND CERTIFICATES)
22 CHAPTER V
USE OF CITY FACILITIES
23 CHAPTER VI.
COUNCIL PARTICIPATION AND SPONSORSHIP OF SPECIAL EVENTS, INCLUDING USE OF CITY
LOGO FOR PROMOTIONAL MATERIAL
24 CHAPTER VII.
FLAG RAISING
Example 1:
City of San Luis Obispo
Guidelines for Ceremonial Document request
~
CITY OF SAN LUIS OBISPO ◄ ► ►
Guidelines for Ceremonial Document Request
...,
Policy Statement:
To provide guidelines to respond to requests for ceremonial documents (proclamations, certificates) in support of events, programs, individuals or groups that provide widespread local interest or community concern.
Administration:
These guidelines will be administered by the City Clerk's Office.
Criteria:
Requests shall be completed in the "Request for Ceremonial Document" form (Exhibit "A").
Approvals must be consistent with the general factors listed below:
I:!:> Of widespread community interest or concern.
I:!:> Recognize a significant local group, business, civic organization or individual who has made a significant positive impact on the City.
I:!:> Acknowledge contributions to the City of San Luis Obispo.
I:!:> Express formal appreciation for local donations - cultural contributions - volunteer efforts I:!:> Identify and recognize significant events or celebrations.
Proclamations must be presented at a City Council meeting or public event with the Mayor or designee in attendance.
Special Requests:
Guidelines may vary with unusual circ,umstances and/or the desire of the Mayor.
If a request is not clearly consistent with any of the request categories described above or within the Matrix of Ceremonial Documents (Exhibit "B"), the Mayor shall review and approve or deny the request.
Time Sensitive Requests:
Requests should be received no later than two weeks prior to the City Council (or other) meeting at which they will be presented. The Mayor may grant an exception under extraordinary circumstances.
G:\ 101-04 Policies & Procedures\Ceremonial Guidelines\Ceremonial Guidelines.doc Ceremonial Document Request
Please read the following guidelines carefully:
■ All requests go through an internal review and approval process • There should be only one contact person per request
• A draft document or background infonnation must be included with the request ■ Email. Fax or Mail the request at least four weeks (1) month prior to the event City of San Luis Obispo
City Clerk's Office
990 Palm Street
San Luis Obispo, CA 93401
Fax#: 805-781-7109
Note: After sending the fax, call 805-781-7100 to confirm receipt Please Type or~ legibly after reading the guidelines above Today's Date
Telephone#
Date of Event /
Occasion
---------
---------
Event / Occasion
Person/Organization Recognized
Contact Person
Email Address
Will the event / occasion be held at the
City of San Luis Obispo?
Exhibit A
0Yes
No
Does the person reside in or is the organization located in the City of San Luis Obispo? 0Yes D No Highlights of Person/Organization recognized (A biographical sketch of the individual including his/her involvement in the community, or a description of the organization and how it impacts the community is required). Please use the back of this sheet if you need additional space.
Request Presentation by Mayor? D Yes D No
When my ceremonial document is completed, please: (Select one of the options listed below) Mail To
Name:
Address
Address
City
St CA Zip
Contact for pick-up
Phone:
Email:
The City Clerk's Office will retain this document
for pick-up for only 30 days after the due date
G:\I O 1-04 Policies & Procedures\Ceremonial Guidelines\Ceremonial Doc_Exhibit A.docx 4.24.14 ....
Exhibit B
CITY OF SAN LUIS OBISPO
Matrix of Ceremonial Document Requests
Recognition Type Proclamation Certificate City Lapel Pin Presented At Signature Athletic/ Academic Council Meeting Accomplishments or Mayor • Resident X Other Event • Non-Resident X
Acts of Heroism Council Meeting
• Resident X or Mayor_
• Non-Resident X Other Event
Council Meeting
In Memory of an Individual X X or Mayor
Other Event
Council Meeting
Scouts X or Mayor
Other Event
Yearly City Council Meeting
Commemorative Events X -- or Mayor
Other Event
Regional Events Council Meeting
• Local X Mayor State X or
•
■ National X Other Event
Guests from Other
• Countries X X Varies Mayor
■ States X X
Federal, State or X Varies N/A Municipal Officials