7. Payment to Contractor. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. For any moneys earned by the CONTRACTOR and withheld by the OWNER to ensure the performance of the Contract, the CONTRACTOR may, at his request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Division 2, Part 5, Section 22300 of the Public Contract Code of the State of California.
8. Disputes. In the event of a dispute between the OWNER and the CONTRACTOR as to an interpretation of any of the specifications or as to the quality or sufficiency of material or workmanship, the decision of the OWNER shall for the time being prevail and the CONTRACTOR, without delaying the job, shall proceed as directed by the OWNER without prejudice to a final determination by negotiation, arbitration by mutual consent or litigation, and should the CONTRACTOR be finally determined to be either wholly or partially correct, the OWNER shall reimburse him for any added costs he may have incurred by reason of work done or material supplied beyond the terms of the contract as a result of complying with the OWNER’S directions as aforesaid. In the event the CONTRACTOR shall neglect to prosecute the work properly or fail to perform any provisions of the CONTRACT, the OWNER, after three days written notice to the CONTRACTOR, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due to the CONTRACTOR, subject to final settlement between the parties as in this paragraph herein above provided.
8A. Claims Resolution Process For Disputes.
It is the intent of this Contract that disputes regarding the Contract be resolved promptly and fairly between the Contractor and the Owner. However, it is recognized that some disputes will require detailed investigation and review by one or both parties before a determination and resolution can be reached. For the protection of the rights of both the Contractor and the Owner, the following provisions are provided for the resolution of disputes which cannot be resolved by the Owner and the Contractor within three business days after either party gives verbal notice of dispute or potential dispute to the other’s attention and prior to the commencement of such work.
The following provisions are intended by Contractor and Owner to comply with Public Contract Code Sections 9204 and 20104 et. Seq.
A. Claims:
The term “claim” refers to a separate demand by Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
i. A time extension, including, without limitation, for relief from damages or penalties for delay assessed by Owner under this Contract. ii. Payment by the Owner of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled.
iii. Payment of an amount that is disputed by the Owner.
B. The Claim Must Be Timely and in Writing:
For all claims the claim must be in writing and include the documents necessary to substantiate the claim. A notice of potential claim must be filed within five (5) business days of Contractor’s completion of work that is a potential claim. Notice of an actual claim must be filed on or before the date of final payment.
C. Receipt of Claim by Owner:
Upon receipt of a claim pursuant to this section, the Owner will conduct a reasonable review of the claim and, within a period not to exceed 45 days from the date of receipt, will provide the Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed.
Upon receipt of a claim, Owner and Contractor may, by mutual agreement, extend the time period provided in this section.
The Contractor shall furnish reasonable documentation to support the claim. If additional information is thereafter required, it shall be requested and provided upon mutual agreement by the Owner and the Contractor. The District’s written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation.
D. City Council Approval:
If the Owner needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the Owner shall have up to three days following the next duly publicly noticed regular meeting of the City Council after the 45-day period or extension expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
E. Payment of Claim:
Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. If the Owner fails to issue a written statement, paragraph F below shall apply.
F. Meet and Confer:
If the Contractor disputes the Owner’s written response, or if the Owner fails to respond to a claim issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the Owner shall schedule a meet and confer conference within 30 days for settlement of the dispute.
Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the Owner shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the Owner and the Contractor sharing the associated costs equally. The Owner and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing.
If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
Under this Contract, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
Unless otherwise agreed to by the Owner and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
If mediation as set forth above does not resolve the parties’ dispute, the parties will proceed to arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program.
G. Filing a Government Code Written Claim Notice:
Following the meet and confer conference, if the claim or any portion remains in dispute, the Contractor may file a claim under the Torts Claims Act as provided in Chapter 1 (commencing with Section 900) and Chapter 2 commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code Section 900.
H. Owner’s Failure to Respond to Claim:
Failure by the Owner to respond to a claim from Contractor within the time periods described above or to otherwise meet the time requirements set forth above shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the Owner’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor.
I. Interest:
Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
J. Subcontractor Claims:
If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against Owner because privity of contract does not exist, the Contractor may present to the Owner a claim on behalf of a subcontractor or lower tier subcontractor. For purposes of this paragraph, the term “subcontractor’ means any type of subcontractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with the Contractor or is a lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the Owner shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the Owner and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
K. Filing of Action on Unresolved Claims:
The parties shall follow the procedures set forth in Public Contracts Code Section 20104.4 if an action is filed to resolve claims under the foregoing provisions. Any action shall be filed in Madera County.
9. No Discrimination in Employment. Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical conditions, marital status, or sex of such persons except as provided in Section 12940 of the Government Code, and every contractor for public works violating this section is subject to all the penalties imposed for by violation of this chapter”.
10. Workers Compensation. In accordance with the provisions of Article 5, Chapter l, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part l, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the CONTRACTOR is required to secure the payment of compensation to his employees and shall for that purpose obtain and keep in effect adequate Worker’s Compensation Insurance.
The undersigned CONTRACTOR is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against Liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the WORK of this Agreement.
11. Prevailing Wages. This Agreement is subject to California Labor Code Sections 1720, et seq., and Contractor and subcontractor shall pay not less than the specified prevailing rates of wage to all workers employed in performance of the Work. Pursuant to the provisions of Section 1770 of the California Labor Code, OWNER has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension, and similar purposes, as determined by the Director of the Department of Industrial Relations, a copy of which is on file in the office of OWNER and shall be made available for viewing to any interested party upon request. The Contractor and each subcontractor shall forfeit as a penalty to OWNER not more than Two Hundred Dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate in violation of the Labor Code. In addition, the difference between the prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
12. Public Works Contractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relation. No bid will be accepted, nor any contract entered into without proof of the Contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. In addition, Contractor shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors Form.
This Project is subject to compliance monitoring and enforcement by the Department of Relations. In executing this contract, Contractor acknowledges that it has reviewed all applicable labor compliance requirements and included the cost of complying with such requirements in its bid.
13. Payroll Records. The CONTRACTOR shall comply Section 1776 of the California Labor Code. The CONTRACTOR shall keep and require that all SUBCONTRACTORS keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice worker or other employee employed by him in connection with public work. Such payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the CONTRACTOR by the OWNER, its officers, and agents and to the representatives of the Division of Labor Law Enforcement of the State Department of Industrial Relations. In the event of non-compliance with the requirements of Section 1776, the CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the CONTRACTOR must comply. If CONTRACTOR or subcontractor does not comply after such ten (10) day period, the CONTRACTOR shall, as a penalty, forfeit one hundred dollars ($100) for each day or portion thereof for each worker until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.
In accordance with California Labor Code Section 1771.4 Section 1771.4, CONTRACTOR and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (DIR) on a weekly basis and in the format prescribed by the DIR which may include electronic submission. CONTRACTOR shall comply with all applicable requirements and regulations from the DIR relating to labor compliance monitoring and enforcement.
14. Apprentices. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the California Labor Code concerning the employment of apprentices by the CONTRACTOR or any SUBCONTRACTOR. It is the CONTRACTOR’S responsibility to ensure compliance by both it and all SUBCONTRACTORS.
Section 1777.5 provides, in part, as follows:
The CONTRACTOR or SUBCONTRACTOR, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeyman stipulated in the apprenticeship standards. Upon proper showing by the CONTRACTOR that he employs apprentices in the craft or trade in the State on all of his/her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor classification, one apprentice for each five journeyman, the Division of Apprenticeship Standards may grant a certification exempting the CONTRACTOR from the one (1) to five (5) hourly ratio as set forth in this section. This section shall not apply to contracts of general CONTRACTORS or to contracts of specialty contractors not bidding for work through a general or prime CONTRACTOR, when the contracts of general CONTRACTORS, or those specialty CONTRACTORS involve less than thirty thousand dollars ($30,000). Any work performed by a journeyman in excess of eight hours per day or forty (40) hours per week shall not be used to calculate the hourly ratio required by this section.
Apprenticeable craft or trade, as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a CONTRACTOR from the 1 to 5 ratio set forth in this section when it finds that any one of the following conditions is met:
(a) In the event unemployment for the previous three-month period in such area exceeds an average of 15 percent, or
(b) In the event the number of apprentices in training in such area exceeds a ratio of 1 to 5, or
(c) If there is a showing that the apprenticeable craft or trade is replacing at least onethirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis, or
If assignment of an apprentice to any work performed under a public works contract would create a condition which should jeopardize his life or the life, safety, or property of fellow employees, or the public at large or if the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
When such exemptions are granted to an organization which represents contractors in a specific trade from the 1 to 5 ratio on a local or statewide basis the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards.
The CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in apprenticeable trade on such contracts and if other contractors on the public work site are making such contributions. The CONTRACTOR, and any SUBCONTRACTOR under him, shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices. Information relative to number of apprentices, identifications, wages, hours of employment and standards of working conditions shall be obtained from the Division of Apprenticeship Standards. Consult the white pages of your telephone directory under California, State of, Industrial Relations, Apprenticeship Standards, for the telephone number and address of the nearest office. Willful failure by the CONTRACTOR to comply with the provisions of Sections 1777.5 will subject the CONTRACTOR to the penalties set forth in Section 1777.7 of the Labor Code.
15. Hours of Work. Pursuant to California Labor Code Section 1813, eight hours in any one calendar day and forty (40) hours in any calendar week shall be the maximum hours any worker is required or permitted to work, except in cases of extraordinary emergency caused by fires, flood, or danger to life and property or except as authorized under the overtime provisions in California Labor Code 1815.
Overtime and shift work may be established as a regular procedure by the CONTRACTOR with reasonable notice and written permission of the OWNER. No work other than overtime and shift work established as a regular procedure shall be performed between the hours of 6:00 P.M. and 7:00 A.M. nor on Saturdays, Sundays or holidays except such work as is necessary for the proper care and protection of the work already performed or in case of an emergency.
CONTRACTOR agrees to pay the costs of overtime inspection except those occurring as a result of overtime and shift work established as a regular procedure. Overtime inspection shall include inspection required during holidays, Saturdays, Sundays, and weekdays. Costs of overtime inspection will cover engineering, inspection, general supervision, and overhead expenses which are directly chargeable to the overtime work. CONTRACTOR agrees that OWNER shall deduct such charges from payments due the CONTRACTOR.
16. Subcontracting. The CONTRACTOR shall comply with Division 2, Chapter 4, Part 1 of the Public Contract Code relating to subletting and subcontracting, specifically included but not limited to Sections 4104, 4106, and 4110, which by this reference are incorporated into this Agreement as though fully set forth herein.
17. Change Orders. The CONTRACTOR and the OWNER agree that changes in this Agreement or in the work to be done under this Agreement shall become effective only when written in the form of a change order and approved and signed by the OWNER and the CONTRACTOR. It is specifically agreed that the OWNER shall have the right to request any alterations, deviations, reductions or additions to the contract or the plans and specifications or any of them, and the amount of the cost thereof shall be added to or deducted from the amount of the contract price aforesaid by fair and reasonable valuations thereof.
This Agreement shall be held to be completed when the work is finished in accordance with the original plans and specifications as amended by such changes. No such change or modification shall release or exonerate any surety upon any guaranty or bond given in connection with this contract.
18. Indemnification. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the sole active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation, reasonable legal counsel fees, expert fees, and all other costs and fees of litigation.
The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees, and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
Contractor agrees to obtain or cause to be obtained executed defense and indemnity agreements with provisions identical to those set forth in this Section from each and every Subcontractor and Subconsultant, of every Tier. In the event the Contractor fails to do so, Contractor agrees to be fully responsible to provide such defense and indemnification according to the terms of this Section.
19. Insurance. Contractor must comply with the insurance requirements as described in the section “INSURANCE REQUIREMENTS FOR CONTRACTORS” of the Contract Documents.
20. Amendments. Any changes to this Agreement requested by either City or CONTRACTOR may only be effected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. This Agreement shall not be modified or amended or any rights of a party to it waived except by such writing.
21. Termination.
A. Termination of the Contract for Default.
1. General: If, prior to the acceptance of the Work, the CONTRACTOR:
(a) Becomes insolvent, assigns its assets for the benefit of its creditors, or is otherwise financially unable to complete the Work; (b) Abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
(c) Disregards written instructions from the City Engineer or materially violates provisions of the Contract Documents;
(d) Fails to prosecute the Work according to the schedule approved by the City;
(e) Disregards laws or regulations of any public body having jurisdiction; or
(f) Commits continuous or repeated violations of regulatory or statutory safety requirements, then the OWNER will consider the Contractor in default of the Contract.
2. Notices: Notices and other written communications regarding default between the CONTRACTOR, the OWNER, and the SURETY shall be transmitted as follows:
(a) Personal delivery with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor’s authorized representative at the Work site; or
(b) Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.
Simultaneously, the OWNER may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.
3. Notice to Cure: The OWNER will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within 5 Working Days after receipt.
4. Notice of Termination for Default: If the Contractor fails to commence satisfactory corrective action within 5 Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, then the Owner will recommend to the City Council that the Contractor be found in default of the Contract and upon such finding by the City Council will terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety;
The provisions of this subsection shall be in addition to all other legal rights and remedies available to the Owner.
5. Responsibilities of the Surety: Upon receipt of the written notice of termination for default, the Surety shall immediately assume all rights, obligations, and liabilities of the Contractor under the Contract. If the Surety fails to protect and maintain the Work site, the Owner may do so, and may recover all costs incurred. The Surety shall notify the Owner that it is assuming all rights, obligations, and liabilities of the Contractor under the Contract and all money that is due, or would become due, to the Contractor shall be payable to the Surety as the Work progresses, subject to the terms of the Contract.
Within 15 Working Days of receipt of the written notice of termination for default, the Surety shall submit to the Owner a written plan detailing the course of action it intends to take to remedy the default. The Owner will review the plan detailing and notify the Surety if the plan is satisfactory. If the Surety fails to submit a satisfactory plan, or if the Surety fails to maintain progress according to the plan accepted by the Owner, the Owner may, upon 48 hours written notice, exclude the Surety from the premises, take possession of all material and equipment, and complete the Work in any way the Owner deems to be expedient. The cost of completing the Work by the Owner shall be charged against the Surety and may be deducted from any monies due, or which would become due, the Surety. If the amounts due under the Contract are insufficient for completion, the Surety shall pay the Owner, within 30 Days after the Owner submits an invoice, all costs in excess of the remaining Contract Price.
6. Payment: The Surety will be paid for completion of the Work in accordance less the value of damages caused to the Owner by the acts of the Contractor.
B. Termination of the Contract for Convenience.
The OWNER may terminate the Contract if it becomes impossible or impracticable to proceed, or because of conditions or events beyond the control of the OWNER.
1. Notice: The Owner will issue a written notice of termination for convenience as follows:
Personal delivery, with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor’s authorized representative at the Work site; or Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.
Simultaneously, the Owner may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.
2. Cessation of Work: Upon receipt, the Contractor shall immediately cease work, except work the Contractor is directed to complete by the Engineer or required to complete for public safety and convenience. The Contractor shall immediately notify Subcontractors and suppliers to immediately cease their work.
3. Payment: The Contractor will be paid without duplication for:
(a) Work completed in accordance with Contract Documents prior to the effective date of termination for convenience;
(b) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers, and others; and
(c) Reasonable expenses directly attributable to termination.
Notice of termination shall be mailed to the City:
Arnoldo Rodriguez
City of Madera
205 West 4th Street
Madera, CA 93637
Notice of Termination shall be mailed to the Contractor:
Juarez Brothers General Engineering, Inc.
17244 El Dorado Drive
Madera, CA 93636
All notices and communications from shall be to City's designated Project Manager or Principal-In-Charge. Verbal communications shall be confirmed in writing. All written notices shall be provided and addressed as soon as possible, but not later than thirty (30) days after termination.
22. Warranty. Contractor warrants to OWNER that all materials and equipment furnished shall be new, free from faults and defects and of good quality and conform to the requirements of the Contract Documents. Contractor hereby warrants its work against all deficiencies and defects for the period required by the Contract Documents or the longest period permitted by California Law, whichever is greater. Unless otherwise stated in the Contract Documents, warranty periods shall begin upon the filing of the Notice of Completion and shall be for one year.
This section shall not limit OWNER’s rights under this Agreement or with respect to latent defects, gross mistakes, or fraud. OWNER specifically reserves all rights related to defective work, including but not limited to defect claims pursuant to California Code of Civil Procedure section 337.15.
23. Compliance with Laws. City shall at all times observe and comply, and shall cause all of its agents, subcontractors, and employees to observe and comply with all with all Federal, State, and local laws, ordinances, regulations, and provisions applicable in the performance of City’s services. Wherever reference is made in this Agreement to standards or codes in accordance with which work is to be performed or tested, the edition or revision of the standards or codes current on the effective date of this Agreement shall apply unless otherwise expressly stated.
24. Attorneys’ Fees/Venue. In the event that any action is brought to enforce the terms of this Agreement, the party found by the court to be in default agrees to pay reasonable attorneys’ fees to the successful party in an amount to be fixed by the Court. The venue for any claim being brought for breach of this Agreement shall be in Madera County or as appropriate in the U.S. District Court for the Eastern District of California, located in the City of Madera.
25. Governing Law. The laws of the State of California shall govern the rights and obligations of the parties under the Agreement, including the interpretation of the Agreement.
If any part of the Agreement is adjudged to be invalid or unenforceable, such invalidity shall not affect the full force and effect of the remainder of the Agreement.
26. City’s Authority. Each individual executing or attesting to this Agreement on behalf of the City hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with a duly adopted resolution of the corporation’s articles of incorporation or charter and bylaws; (ii) that this Agreement is binding upon such corporation; and (iii) that Contractor is a duly organized and legally existing municipal corporation in good standing in the State of California.
27. Contractor’s Legal Authority. Each individual executing or attesting this Agreement on behalf of CONTRACTOR hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with such corporation’s articles of incorporation or charter and by-laws; (ii) that this Agreement is binding upon such corporation; and (iii) that CONTRACTOR is a duly organized and legally existing corporation in good standing in the State of California.
28. Remedies for Default. Failure by a party to perform any term, condition or covenant required of the party under this Agreement shall constitute a “default” of the offending party under this Agreement. In the event that a default remains uncured for more than ten (10) days following receipt of written notice of default from the other party, a "breach" shall be deemed to have occurred. Any failure or delay by a party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
29. Independent Contractor. In performance of the work, duties, and obligations assumed by the Contractor under this Agreement, it is mutually understood and agreed that the City, including any and all of City’s officers, agents and employees will, at all times, be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of City. Furthermore, City shall have no right to control or supervise or direct the manner or method by which City shall perform its work and functions. The City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over the subject matter hereof.
Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right to employment rights and benefits available to City employees. City shall be solely liable and responsible for providing to, or on behalf of, its employees, all legally required employee benefits. In addition, City shall be solely responsible and hold City harmless from all matters relating to payment of City’s employees, including compliance with Social Security, withholding and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, City may be providing services to others unrelated to City or to this Agreement.
30. Sole Agreement. This instrument constitutes the sole and only Agreement between City and CONTRACTOR in connection to the Project and correctly sets forth the obligations of the City and CONTRACTOR to each other as of its date. Any Agreements or representations in connection with the Project, not expressly set forth in this instrument are null and void.
31. Assignment. Neither the CONTRACTOR nor City will assign its interest in this Agreement without the written consent of the other.
32. Caltrans Authority. Caltrans is required by 23 Code of Federal Regulations (CFR), part 200, Section 200.9 (b)(7) to conduct reviews of sub-recipients (Local Agencies) of federal-aid to ensure compliance with Title VI of the Civil Rights Act of 1964 and the relates statues (Title VI) through the requirements under the Federal Highway Administration (FHWA), the U.S.
Department of Transportation (USDOT), and the U.S. Department of Justice (USDOJ) regulations and guidance materials related to the implementation of Title VI.
The scope of the process reviews conducted by Caltrans focuses on the Local Agency’s adherence to the FHWA’s Title VI Program (Race, Color and National Origin) and the related statues protecting additional classes as required under • Federal-Aid Highway Act of 1973 (Sex)
• The Age Discrimination Act of 1975 (Age), and
• The Americans with Disabilities Act of 1990 (ADA)(Disability) and Section 504 of the Rehabilitation Act of 1973 (Disability).
33. Binding Agreement. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.
IN WITNESS WHEREOF the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in TWO copies, each of which shall be deemed an original on the date first above written.
CITY OF MADERA (OWNER)
By: _________________________________
Santos Garcia, Mayor
APPROVE AS TO FORM:
____________________________________
Shannon L. Chaffin, City Attorney
ATTEST:
____________________________________
Alicia Gonzales, City Clerk
JUAREZ BROTHERS GENERAL ENGINEERING, INC.
(CONTRACTOR)
By: _________________________________
Contractor (signature)
_________________________________
Printed Name and Title
___________________________
Federal Tax I.D. No.
___________________________
Contractor License Number
___________________________
DIR Registration Number
NOTE: This Notary Acknowledgment on the following page is required for verification of Contractor’s signature.
956804 / General A
1001118160
Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of ______________ )
On ______________, 2024 before me, ______________________________________ (insert name and title of officer)
Personally appeared __________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ___________________________________ (Seal)
ATTACHMENT 2
Aerial Photo of the Existing Courts at McNally Park
Court # 1
Court # 2
Court # 3
ATTACHMENT 3
Improvement Plans
E. 12TH STREET ROOSEVELT AVENUE
odellengineering.com
1165 Scenic Drive, Suite A
Modesto, CA 95350 MCNALLY PARK BASKETBALL COURTS RECONSTRUCTION LANDSCAPE IMPROVEMENT PLANS MADERA, CALIFORNIA 6 Know what'sbelow.
Callbefore you dig.
R 100% BID SET
Signature Renewal Date Date
L ICENSED LANDSCAPE ARCHITECT
STATE OF CA L I FORN I A
SA M I R K HA NNA # 6 3 6 0
05/31/25
12/12/2023
N.T.S.
·
SCALE: 1" =
0 30 60 120
60'
MCNALLY PARK
BASKETBALL COURTS
RECONSTRUCTION
SHEET INDEX
ABBREVIATIONS
PROJECT INFORMATION
LANDSCAPE IMPROVEMENT LIMITS
GENERAL NOTES
VICINITY MAP
COVER SHEET
CS
99 152
99 59
145
41 140
010424
15001
15003
272.18
TBC
272.15
TBC E BOW B
WATER FOUNTAIN
TRASH CAN
TRASH CAN
WATER
WATER
S
WATER
E
IRR
E
SEWER
WATER
E
WATER
E
E
E
E
Ir
D DMH
RIM 272.19
Ir
CATCH BASIN
BOW TC 272.03 @CL
BOW
BOW
BOW
BOW
BOW
BOW
272
272
272
LIMIT OF WORK LIMIT OF WORK LIMIT OF WORK
LIMIT OF WORK
LIMIT OF WORK
EXISTING
CONDITIONS AND
DEMOLITION PLAN
L0.1
SCALE: 1" =
0 10 20 40
20'
odellengineering.com
1165 Scenic Drive, Suite A
Modesto, CA 95350 MCNALLY PARK BASKETBALL COURTS RECONSTRUCTION LANDSCAPE IMPROVEMENT PLANS MADERA, CALIFORNIA 6 Know what'sbelow.
Callbefore you dig.
R 100% BID SET
Signature Renewal Date Date
L ICENSED LANDSCAPE ARCHITECT
STATE OF CA L I FORN I A
SA M I R K HA NNA # 6 3 6 0
05/31/25
12/12/2023
DEMOLITION LEGEND SHEET NOTES
010424
E. 12TH STREET ROOSEVELT AVENUE LIMIT OF WORK
LIMIT OF WORK
LIMIT OF WORK LIMIT OF WORK LIMIT OF WORK S E
IRR E E E E E E
Ir
Ir 272
272
272
GENERAL NOTES
SITE FEATURE SCHEDULE
SITE FINISH SCHEDULE
SITE FEATURES AND
FINISHES PLAN
L1.0
REFERENCE KEY
SCALE: 1" = 0 10 20 4020'
odellengineering.com
1165 Scenic Drive, Suite A
Modesto, CA 95350 MCNALLY PARK BASKETBALL COURTS RECONSTRUCTION LANDSCAPE IMPROVEMENT PLANS MADERA, CALIFORNIA 6 Know what'sbelow.
Callbefore you dig. R 100% BID SET
Signature Renewal Date Date L ICENSED LANDSCAPE ARCHITECT STATE OF CA L I FORN I ASA M I R K HA NNA # 6 3 6 0 05/31/25
12/12/2023
010424
S E
IRR E E E E E E
Ir
Ir E. 12TH STREET ROOSEVELT AVENUE
3'
50'
EQ. EQ. 3' 10' 10' EQ. EQ. 84'
7'-8"
V.I.F. 48'
22'-3" V.I.F.
EQ.
EQ.
3'
3'
50' EQ.
E.Q.
10'
10'
84'
48'-7"
8'-2" V.I.F.
10'-4" V.I.F. 12' TYP.
10'
TYP.
12' TYP. 10' TYP.
LIMIT OF WORKLIMIT OF WORK LIMIT OF WORK LIMIT OF WORK LIMIT OF WORK
HORIZONTAL
CONTROL PLAN
L2.0
SCALE: 1" = 0 10 20 4020'
odellengineering.com
1165 Scenic Drive, Suite A
Modesto, CA 95350 MCNALLY PARK BASKETBALL COURTS RECONSTRUCTION LANDSCAPE IMPROVEMENT PLANS MADERA, CALIFORNIA 6 Know what'sbelow.
Callbefore you dig. R 100% BID SET
Signature Renewal Date Date L ICENSED LANDSCAPE ARCHITECT STATE OF CA L I FORN I ASA M I R K HA NNA # 6 3 6 0 05/31/25
12/12/2023
HORIZONTAL CONTROL LEGEND
ABBREVIATIONS
010424
15001
15003
272.18
TBC
272.15
TBC E BOW B
WATER FOUNTAIN
TRASH CAN
TRASH CAN
WATER
WATER
S
WATER
E
IRR
E
SEWER
WATER
E
WATER
E
E
E
E
Ir
D DMH
RIM 272.19
Ir
CATCH BASIN
BOW TC 272.03 @CL
BOW
BOW
BOW
BOW
BOW
BOW
272.4
272.5
272.3
272.2 272.5
272.2
272.5
272.7
272.3
272.44
CONC
272.51
CONC
272.49
CONC
272.44
CONC
272.58
CONC
272.71
CONC
272.59
CONC
272.68
CONC
272.79
CONC
272.43
CONC
272.0
272.0
271.9
271.6
271.9
271.8
271.99
CONC
271.95
CONC
271.90
CONC
272.02
CONC
272.12
CONC
272.04
CONC
272.02
CONC
272.1
271.8
271.9
272.2
272.36
CONC
272.2
272.1
272.1
272.2
272.6
272.3
272.3
272.7
272.7
272.2
272.3
272.2
272.5
272.5
272.2
272.2
272.7
272.4
272.5
272.2
272.2
272.2
272.2
272.3
272.3
272.2
272.6 272.4
272.4
272.3
272.3
272.3
272.2
272.1
272.0
272.1
272.1
272.0
271.9
272.0
272.0
271.9
272.0
271.8
271.9
271.9
271.8
271.8
271.7
272.4
272.4
272.3
271.7 271.7
271.8
271.8
271.7 271.8 271.9 271.9
272.1 271.9
272.1
271.8
271.9
271.8
271.9
271.9 272.0 272.0 271.9 271.9 272.1 272.0
272.0 271.8 271.7 272.2 272.1 272.1 271.9
272.0 272.0 272.0 272.1 272.0
272.3
272.0 272.0
272.1
272.0
272.1
272.0
271.9
272.1 272.1 272.1 272.1
272.4
272.1
272.2 272.3 272.2 272.1 272.2
272.1
272.0
272.2 272.2 272.3 272.2
272.0
272.2
272.3
272.1
272.2
272.1
272.1 272.2
272.4
272.1 272.1
272.4
272.3 272.1
272.2
272.1
272.4
272.1 272.2
272.0
272.2
272.0
272.1
272.0
272.1
271.6
272.1
272.1
272.2
272.3 272.2
272.3
272.4
272.2
272.2
272.4
272.4
272.3
272.3
272.5
272.2
272.6
273.03
CONC
272.33
CONC
272.25
CONC
272
272
272
E. 12TH STREET ROOSEVELT AVENUE
LIMIT OF WORK
LIMIT OF WORK
LIMIT OF WORK LIMIT OF WORK
LIMIT OF WORK
SURVEY CONTROL
HORIZONTAL DATUM
NORTH AMERICAN DATUM OF 1983 (NAD83).
COORDINATE SYSTEM
COORDINATES SHOWN HEREON ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83), ZONE III.
VERTICAL DATUM
NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88).
PROJECT BENCHMARK
FOUND CITY OF MADERA BENCHMARK #64, THE TOP NUT ON A FIRE HYDRANT, WITHIN A CHURCH YARD, LOCATED APPROXIMATELY 80' NORTHWEST OF THE ROOSEVELT AVENUE AND EAST 12TH STREET INTERSECTION, 35' SOUTHWEST OF THE CHURCH ENTRANCE, AND 14' NORTHEAST OF THE BOW.
ELEVATION = 274.81 FEET (NAVD88)
1. THE FIELD WORK FOR THIS SURVEY WAS CONDUCTED IN SEPTEMBER 2023.
2. NO ATTEMPT WAS MADE TO IDENTIFY THE NATURE OF USE OF UNDERLYING LAND SHOWN HEREON. ANY POTENTIAL PAST USES, INCLUDING THOSE WHICH MAY HAVE
RESULTED IN SIGNIFICANT ENVIRONMENTAL OR CULTURAL IMPACTS, WERE NOT ASSESSED BY THIS SURVEY.
3. PRIOR TO COMMENCEMENT OF ANY CONSTRUCTION ON THIS SITE, IT IS ADVISED THAT ALL INVOLVED PARTIES REVIEW SECTION 8771 AND SECTION 8725 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE, AND SECTION 605 OF THE CALIFORNIA PENAL
CODE TO ENSURE THAT MONUMENT CONSERVATION HAS BEEN PROPERLY ADDRESSED.
4. NOTHING ON THIS SURVEY SHALL BE INTERPRETED IN A MANNER CONTRARY TO THESE STATEMENTS.
5. PHYSICAL ITEMS SHOWN ON THIS SURVEY ARE LIMITED TO THOSE SURFACE-VISIBLE
STRUCTURES, FACILITIES, AND FEATURES OBSERVED AT THE TIME OF THE FIELD SURVEY. SUBSURFACE OBJECTS, IF ANY, WERE NOT LOCATED BY THIS SURVEY.
6. NO BOUNDARY SURVEY WAS PERFORMED AS PART OF THIS SURVEY.
SURVEY NOTES:
CONTROL POINT TABLE
POINT
15001
15002
15003
NORTHING
1807475.34
1807447.78
1807620.36
EASTING
6694091.62
6693819.30
6694025.39
DESCRIPTION
SET CHISELED X
SET CHISELED X
SET CHISELED X
GRADING PLAN
L3.0
SCALE: 1" =
0 10 20 40
20'
odellengineering.com
1165 Scenic Drive, Suite A
Modesto, CA 95350 MCNALLY PARK BASKETBALL COURTS RECONSTRUCTION LANDSCAPE IMPROVEMENT PLANS MADERA, CALIFORNIA 6 Know what'sbelow.
Callbefore you dig.
R 100% BID SET
Signature Renewal Date Date
L ICENSED LANDSCAPE ARCHITECT
STATE OF CA L I FORN I A
SA M I R K HA NNA # 6 3 6 0
05/31/25
12/12/2023
GRADING LEGEND
ABBREVIATIONS
010424
CONSTRUCTION
DETAILS
L4.0
odellengineering.com
1165 Scenic Drive, Suite A
Modesto, CA 95350 MCNALLY PARK BASKETBALL COURTS RECONSTRUCTION LANDSCAPE IMPROVEMENT PLANS MADERA, CALIFORNIA 6 Know what'sbelow.
Callbefore you dig.
R 100% BID SET
Signature Renewal Date Date
L ICENSED LANDSCAPE ARCHITECT
STATE OF CA L I FORN I A
SA M I R K HA NNA # 6 3 6 0
05/31/25
12/12/2023
010424
Madera City Council Meeting
February 7, 2024
Agenda Item: E-1
Select Proclamation Recipients for the Month of March 2024 Recommendation: Request for Council's selection of recipients for the Proclamation Recognizing Red Cross Month and the Proclamation Recognizing Women's History Month (Report by Alicia Gonzales) There is no written report for this item.
REPORT TO CITY COUNCIL
Approved by:
________________________________
Council Meeting of: February 7, 2024
Agenda Number: E-2
Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Proclamation Affirming Madera’s Commitment and Support for an Immediate and Permanent Ceasefire in all of Palestine
RECOMMENDATION:
Adopt a Minute Order approving a Proclamation Affirming Madera’s Commitment and Support for an Immediate and Permanent Ceasefire in all of Palestine SUMMARY:
The City Council, during its regular meeting on August 2, 2023, adopted a policy governing the guidelines for City-issued Ceremonial Documents. This policy establishes the framework for the issuance of proclamations, ensuring a systematic and transparent process.
On December 20, 2023, the Council approved the 2024 List of Annual Proclamations, outlining the scheduled commemorations for the year. However, the policy allows for proclamations not identified on this list to be considered on a case-by-case basis, with a written request required 45 days before the requested presentation date.
In this context, Mr. Omair Javaid submitted a timely request on January 11, 2024, seeking a proclamation for a peaceful resolution to the Israel-Palestine conflict.
Significantly, during its meeting on January 17, 2024, the Council, by majority vote, directed staff to agendize the same item for discussion. In an effort to streamline the process, staff consolidated Mr. Javaid's request and Council direction, recognizing their shared focus on the City issuing a proclamation for a ceasefire. Importantly, Mr. Javaid has expressed understanding and agreement with this approach.
With this unified proposal, staff seeks the Council's direction. If approved, staff will present a Proclamation at the February 21, 2024 Council meeting.
Per the Ceremonial Documents policy, signatures shall be reserved for Councilmembers who vote in the affirmative. For Councilmembers that vote in the negative, their signature block shall be omitted from the ceremonial document unless they notify the City Clerk in writing otherwise at least five business days prior to the meeting at which the Proclamation will be issued.
FINANCIAL IMPACT:
There were nominal expenses for the preparation of this report or the proclamation. Costs related to custom supplies such as proclamations, certificates, frames, and folders have been purchased and funds were appropriated in the adopted budget.
ALTERNATIVES:
Council may direct staff to prepare a proclamation. If the majority vote is in the affirmative, staff will proceed with presenting the Proclamation at the February 21, 2024 Council meeting. In the alternative, Council may consider:
▪ Deferral for Further Discussion: Council may opt to defer the decision for further discussion, allowing additional time to address specific concerns or gather more information.
▪ Denial of Proclamation Request: If the majority vote is not in the affirmative or no action is taken, the request will be considered denied.
ATTACHMENTS:
1. Email requesting a “Proclamation Affirming Madera’s Commitment and Support for an Immediate and Permanent Ceasefire in all of Palestine” from Mr. Omair Javaid dated January 11, 2024
a. Requests shall be in writing and made 45 days before the requested presentation date.
At a minimum, request shall identify:
i. Desired date of issuance
Feb 7th, 2024
ii. To whom the Proclamation will be addressed:
The proclamation will be addressed to the City Council and City of Madera iii. The purpose or reason for the Proclamation
To end the Genocide in Palestine and a call for a permanent ceasefire in Palestine Most importantly to ensure the safety and peace in the region, and to ensure the protection of Palestinian citizens and their right to live peacefully and justly. iv. At least three (3), but no more than five (5), descriptive statements about the nature of the event/organization to be recognized.
1.Close to twenty five thousand Palestinians in Gaza and the West bank have been killed in a matter of weeks, of whom over 60% are children.
2. Gaza is in a dire humanitarian crisis that is getting worse with each passing day, with the only remaining hospitals running out of fuel and medical supplies, and over 2 million Palestinians are facing displacement, homelessness, ethnic cleansing and starvation;
3. 2.3 million Palestinians are relying on only ⅓ hospitals which is causing a healthcare crisis.
4.Due to Airstrikes 1.1 million people were forced to flee to the southern part of Gaza.
5. There is an extreme food and water crisis in Gaza.
v. How or why the recognition has local significance.
Palestinians are an integral part of this community and are personally, mentally and physically affected by these events. Palestinians are doctors and healthcare workers, lawyers, Pharmacists, entrepreneurs, educators and they have been personally affected by the genocide. Because of their devotion to serving the community, Palestenains also want to be acknowledged and have these atrocities made known.
Please see the below testimonials about how Palestinian families from Madera have been affected:
1. Dr. Theodore Nasar and Family: Retired Obgyn Doctor who practiced in Madera for over 40 years.
“We have been morally, physically and emotionally affected. My family was born in Jafa and our parents' house was destroyed and our land was taken. Then we were displaced to Lebanon.
Recently several members of my son in law's family were killed by airstrikes in Gaza.”
2. Dr. Razan Kaileh and Family: Podiatrist who works and lives in Madera. “ These events have been devastating for the community. We still have family in the West Bank and they are scared for their lives. My Uncle has cancer and cannot complete his treatment because hospitals have been destroyed. It has Created a fear with our family that the airstrikes will also happen in the West Bank as well.”
3. Zakariya (Zak) and Family: Zaks Security
“I am Palestinian and my family had to leave Jerusalem in 1948 when their homes were destroyed and their lands were taken. I am mentally disturbed and so sorry for the people and especially the babies.”
vi. Who will attend the City Council meeting to accept the Proclamation and anticipated number of participants: 50 people
Madera Islamic Center
-Sheikh Zia Rehman (Pastor)
-Omair Javaid (OutReach Coordinator)
and
- Yasir Amireh Founder Palestine Liberation Group
b. If consistent with these guidelines, requests shall be scheduled by staff for Council consideration at the next available City Council meeting. c. At a regular or special City Council meeting, the Council may consider the request and provide direction to staff to proceed with a Proclamation by majority vote. If there is no action taken or the majority vote is not in the affirmative, the request is considered Denied.
d. If approved by the City Council at the initial meeting, The Mayor or their designee will present the Proclamation at a subsequent regular or special City Council meeting. e. Signatures shall be reserved for Councilmembers who vote in the affirmative. For Council members that vote in the negative, their signature block shall be omitted from the ceremonial document unless they notify the City Clerk in writing otherwise at least five (5) business days prior to the meeting when the Proclamation will be issued.
PROCLAMATION OF THE CITY OF MADERA
RESOLUTION affirming Madera’s Commitment and Support for an immediate and permanent ceasefire in all of Palestine
WHEREAS, the City of Madera, believes that all life is precious and that we stand united against violence; the City of Madera advocates for the safety, dignity, freedom, and equality of all people, regardless of religion, race, or nationality; and , 67% of American voters support a permanent ceasefire, according to an October 20th, 2023 ‘Data For Progress’ poll, and want to see the U.S. leverage its diplomatic relationships “to prevent further violence and civilian deaths"; and
WHEREAS, More than 32 thousand Palestinians in Gaza and the West bank have been killed in a matter of weeks, of whom over 60% are children. Gaza is in a dire humanitarian crisis that is getting worse with each passing day, with the only remaining hospitals running out of fuel and medical supplies, and over 2 million Palestinians are facing displacement, homelessness, and starvation; and international organizations like Amnesty International, the United Nations, the World Health Organization, the US Agency for International Development (USAID), the International Rescue Committee, and many others have made a call for a permanent ceasefire in order to prevent the further loss of life of civilians and to be in accordance with international humanitarian law; and
WHEREAS, the City of Madera recognizes that the current crisis takes place within a long history and affirms that, for a pathway to lasting peace and justice to be developed, the root causes of the crisis need to be addressed.
WHEREAS,
RESOLVED that the City of Madera supports and joins other cities in calling on our Congress Members to demand: an immediate permanent ceasefire; release of all hostages, the unrestricted entry of humanitarian assistance into Gaza; the restoration of food, water, electricity, and medical supplies to Gaza; and the respect for international law; and calls for a resolution that protects the security of all civilians; FURTHER RESOLVED that a copy of this resolution be sent throughout city councils in the San Joaquin Valley, to the offices of Assemblymember Esmeralda Soria, State Senator Anna Caballero, Representative John Duarte, Governor of California Gavin Newsom, Senator Laphonza Butler, Senator Alex Padilla, President Joe Biden, and Vice President Kamala Harris, urging them to take immediate action to use their position and influence to end violence.
Signed this 17th day of January 2024 on behalf of the entire city council.
Santos Garcia Mayor of the City of Madera
REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: February 7, 2024
Agenda Number: E-3
Keith Helmuth, City Engineer
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Caltrans State Route 145 Yosemite Avenue Project Update RECOMMENDATION:
This report is submitted to the City Council (Council) to provide an update on the progress of the Caltrans State Route 145 Yosemite Avenue Project (Project) SUMMARY:
Caltrans and their design consultant continue to work on the design of the Project. As the design progresses, the Caltrans team and City staff wish to provide an update regarding various aspects of the Project based on the direction previously provided by Council.
The Project features a road diet, pedestrian features, and transit accessibility. Items to be constructed with the Project include:
Roundabouts New sidewalk in areas where missing
Bike lanes Widened sidewalks in certain downtown locations Bus stops Landscaping in new medians and sidewalk areas Lighting Rectangular Rapid Flashing Beacons (RRFBs) DISCUSSION:
City staff is continuing to work with Caltrans staff and their consultant to include as many of the improvements identified in the State Route 145 Yosemite Avenue as Downtown Main Street Plan (Downtown Plan), as adopted by Council on April 15, 2020, into the Project as possible. Cost estimates and 60 percent of design plans are nearing completion. The plans being prepared include:
Widened sidewalks between E Street and B Street
Replacing existing street lighting with decorative lighting fixtures Additional decorative street lighting fixtures where fixtures are missing Rectangular Rapid Flashing Beacons at certain unsignalized intersections Landscaping within the proposed median islands and along the street As authorized by Council at the March 1, 2023, meeting, these added improvements can be at most $3 million. Currently, the estimate of $2.9 million is substantially in line with this value. A general overview of the improvements that will be included in the 60 percent plans are shown in Attachment 1.
Landscaping
At the May 17, 2023 Council meeting, Council provided direction to City staff about the type of landscaping envisioned along Yosemite Avenue as part of the Project. In partnership with their consultant, Caltrans has provided concept landscape plans that incorporate trees for shade and drought-tolerant vegetation in the Downtown District area. The Caltrans team has prepared a rough cost estimate for the proposed landscaping. Until finalized, it cannot be certain that the total costs of the requested enhancement will not exceed $3 million. The concept landscape plans are shown in Attachment 2.
Once the landscaping has been completed, it is anticipated it will be added to the City's Landscape Maintenance Services contract in the Downtown District area unless the Madera Downtown Association agrees to maintain it. That contract expires in 2025, prior to Caltrans completing the work, so this additional maintenance will not affect the current contract. The current annual cost for this area is approximately $6,100.
Lighting
Since the last update to Council, it was decided that decorative lighting would be installed along Yosemite Avenue in the Downtown District area to coincide with the lighting already installed throughout the area. An example of the existing decorative lighting is shown in Attachment 3.
The additional lighting will provide illumination where previously missing. In addition to the new decorative light fixtures, the existing approximate 30-foot-tall cobra head poles will be removed and replaced with decorative lighting fixtures. This change will remove opportunities to install banners that hang over the street in this area.
Rectangular Rapid Flashing Beacons
RRFBs are to be constructed at the intersections of A and B Streets along Yosemite Avenue. The RRFBs will be installed on only one leg, with direction provided to the crosswalk.
Vehicle Turn Movements & Roundabouts
Left turn movements from the side streets of A Street and B Street will be removed. This is considered necessary given the anticipated side street delays increasing as traffic flow on Yosemite becomes more regular once a single lane is constructed, thus leaving fewer gaps in traffic for the left turn movements.
While working on the design of the roundabouts at D Street, C Street, and Lake Street, Caltrans has recently begun investigating where basements exist along Yosemite Avenue in the Downtown District area and their possible impacts on design. This was considered necessary as the design requires reconstruction of the sidewalk on certain legs of the roundabout that may be directly over basements. In areas like D Street south of Yosemite, basements are evident due to the existing skylights in the sidewalk. Initial efforts by Caltrans included surveying the extent of Yosemite in the Downtown area using ground penetrating radar (GPR). Unfortunately, the results only approximate areas in which basements may exist. They are well into reaching out to building owners to better define locations and possible impacts.
Property Owner Impacts
The Project design is not anticipated to have permanent property owner impacts along the Project on State Route (SR) 145. However, they will be affected by construction activities when the Project reaches the construction phase.
In the downtown area along Yosemite Avenue, property owners and businesses can expect to lose as many as 44 parking spaces particularly near the intersections planned for roundabouts, and bulb outs. The loss of parking is a direct result of maintaining proper sight distance in the vicinity of the roundabouts, constructing transitions into the roundabouts and to a lesser degree providing proper delineation of parking stalls.
The Madera Ford located at the southwest corner of Madera Avenue and G Street may also experience impacts, including loss of street parking, depending on their current practices of offloading of new cars and the plans they have relative to future construction shown on plans approved by the City on September 9, 2021. Given the type of transportation facility and reasonable expectation that traffic will progressively increase, Caltrans plans will not be designed to accommodate off-loading of vehicles on SR 145 (Madera Avenue at this location) though the design attempts to provide accommodations for vehicle haulers to turn onto G Street (westbound to northbound) adjacent to Madera Ford. A concept plan of improvements to occur at this intersection is shown in Attachment 4.
FINANCIAL IMPACT:
There is no fiscal impact to the City's General Fund as a result of assigning transportation funds toward the Project for the added improvements. Additional funding for landscape maintenance might come from the Downtown Association fund, which is not supported by the General Fund.
ALTERNATIVES:
The current design is progressing based on previously agreed-upon concepts. Alternatives for landscaping and aesthetics will be considered as part of the Council's discussion.
ATTACHMENTS:
1. Yosemite Avenue Improvements
2. Concept Landscape Plan
3. Decorative Lighting Examples
4. Madera Avenue/G Street Improvements
Attachment 1
Yosemite Avenue Improvements
YOSEMITE Ave {ROUTE 145)
I
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/ SKYLIGHTS, Typ
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project:
SR 145
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client:
CITY OF MADERA
des!gnlab [252]
P.O. Box 27616 Fresno, CA 93729
Studio: 559.472.9966 Fax: 559.472.9969
drawn by: checked by:
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submittal: date:
No.1 10/18/2023
No.2 12/21/2023
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lll11, 1 10/18/2023
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CITY OF MADERA
des!gnlab[252]
P.O. Box 27616 Fresno, CA 93729
Studio: 559.472.9966 Fax: 559.472.9969
drawn by: checked by:
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submittal: date:
lll11, 1 10/18/2023
lllo 2 12/21/2023
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No 2 12/21/2023
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scale: 1"=50-0"
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Attachment 3
Decorative Lighting Examples
B Street, South of Yosemite
Yosemite, West of B Street
Attachment 4
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REPORT TO CITY COUNCIL
_______________
Council Meeting of: February 7, 2024
Agenda Number: E-4
Approved by:
____
Assistant Chief Justin Macomb
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Informational Report on Madera City Fire Activities
RECOMMENDATION:
This report is submitted for informational purposes only and there is no action requested from the City Council (Council)
SUMMARY:
On January 17th, 2024 Council requested an update on Fire Department activities. The Fire Department is responsible for managing multiple programs including Vehicle Maintenance, the City’s Fire Hydrants, Fire and Life Safety Inspections, Facility Maintenance, and Personal Protective Equipment. This item aims to furnish the City Council with a summary of the Fire Department's recent endeavors, ensuring a clear understanding of the department's vital contributions to the community's safety and well-being.
DISCUSSION:
The Fire Department is responsible for managing multiple programs that contribute to the overall Health and Safety of its employees and members of the community. Each program has unique requirements that are regulated by both Federal and State agencies that rely on established law and best practices from industry experts.
Fire Equipment
As Council is aware, the City owns and maintains a fleet of fire engines and trucks. The difference between a fire engine and a fire truck is that a truck is designed with a ladder on top and may be used for rescue, forced entry, and ventilation, whereas an engine typically carries more equipment and lacks the ladder. Typically, a truck is more expensive than an engine. In terms of engines, some common types are identified in Table 1.
Table 1: Fire Engine Types
Type Brief Description
1 Most common fire truck in use today
Typically responds to structural fires
Usually transports up to 4 firefighters
2 More common in rural areas
May be used for structural fires, but also grass fires Usually transports up to 3-4 firefighters
3 Wildland engine
Has the ability to drive in rough terrain
Common in rural areas
4 Wildland engine
Similar to Type 3, but smaller pump and less hose
5, 6, 7 Typically pick-up truck-based with 4-wheel drive Used heavily for the initial fire suppression response Engines respond as first out from one of the City’s three stations, while older engines are kept on reserve to be made available when one of the primary engines is out of service or for routine maintenance. The new engine would serve as the frontline engine, and the existing frontline engine would be moved into reserve status.
The City’s fleet is summarized in Table 2.
Table 2: Existing Equipment by Station
Station Equipment Type Model Year Status
56 Engine 56 1 2016 Frontline
Engine 656 (squad truck) 6 2009 Frontline
All-Terrain Vehicle (river access) N/A 2019 Frontline
Command Pick-up Truck N/A 2017 Command
57 Engine 57 1 2008 Frontline
Engine 257 (to be replaced) 1 1990 Reserve
New Engine 57 (has not been
placed into action due to lack of
equipment)
1 2022 Frontline
TBD
58 Ladder Truck 58 1 2017 Frontline
Engine 258 1 2002 Reserve
Command Pick-up Truck N/A 2023 Command
Utility Pick-up Truck N/A 2006 Utility
The maintenance required is scheduled into 3 categories (A, B, C) of services to ensure vehicles remain safe and compliant with Department of Transportation regulations. This year, the City has completed all three categories of maintenance and additional preventative repairs of all Type 1 engines. It should be mentioned that Truck 58 and the Type 6 are currently being serviced.
It's worth highlighting that the City established an equipment replacement program in 2019, demonstrating a forward-thinking approach to maintaining modern and reliable equipment.
Council has provided annual funding for this program which has ensured the City's ability to acquire up-to-date equipment. However, recent cost increases have prompted a prudent reassessment of the annual allocation.
Fire Hydrants
Fire hydrants are a vital component to any municipal fire suppression system. There are in excess of 2,000 public and private hydrants in the City. Over the last year, the Firefighters have flowed and serviced 2,058 hydrants. Moreover, the team utilized GPS technology to pinpoint the exact location of each hydrant. This information was meticulously documented in a detailed spreadsheet, providing a comprehensive overview of the status of each hydrant. By employing cutting-edge technology and thorough record-keeping, the Fire Department aims to ensure the optimal functionality and accessibility of these crucial assets, contributing to the overall effectiveness of emergency response efforts within the community.
Out-of-service hydrants have had a black ring placed around their discharge valve. The data has been shared with the City’s Water Division and plans are in place to commence repairs based on priority, proximity to operable hydrants, etc. Moving forward, the team is drafting a flow test schedule. The goal is to have all hydrants serviced and flow tested on a five-year rotation in accordance with NFPA and ISO standards. A colored ring will be applied to each hydrant that coincides with the tested flow rate.
Technology Enhancements & Post-occupancy Inspections
On May 3rd, 2023, the City Council approved the acquisition of Tyler Technologies Fire Prevention Mobile software for the Fire Department's Fire and Life Safety inspections. Subsequently, staff has diligently collaborated with Tyler Technologies to develop and customize the software to meet the specific needs of the department. Firefighters across different shifts have undergone training on the program, ensuring their proficiency in utilizing the software for upcoming inspections. The inaugural inspection is slated to commence on February 20, 2024, with a focus on hotels and motels as the initial occupancy class. Subsequent inspections will be conducted for schools and apartments, marking a strategic and phased approach to enhance fire prevention and life safety measures within the community.
Fire Station Improvements
The City continues to prioritize facility maintenance and upkeep, with specific attention directed towards Stations 56 and 57. Stations 56 and 57 are slated for a thorough assessment of their conditions, evaluating the feasibility of updating them to adhere to modern health standards. To facilitate this process, a Request for Proposal (RFP) is being crafted to seek assistance from a consultant. Although a specific timeline has not been outlined, staff members are actively exploring the surroundings of Station 56 in preparation for engaging a consultant, underscoring the City's commitment to ensuring the optimal functionality and compliance of its facilities.
Dedicated to enhancing the facilities, a budget of $150k has been earmarked for improvements at Station 58. The City is currently in the process of soliciting quotes for the installation of a solarcovered parking awning and the extension of fences to reach the property lines. This proactive approach demonstrates the City's commitment to sustainability, energy efficiency, and the overall improvement of Station 58's infrastructure.
Fire Firefighter Equipment
Recognizing the critical importance of maintaining high-quality Personal Protective Equipment (PPE) for firefighting personnel, the City has established a proactive strategy for continual replenishment. PPE coats and pants have a service life of 10 years. In adherence to updated health standards mandating third-party cleaning and inspection, the City is required to send turnouts out for this purpose. To ensure uninterrupted outfitting of duty personnel during this process, staff is currently in the process of procuring 5 complete sets of turnouts, 3 SelfContained Breathing Apparatus’ (SCBA), 3 SCBA masks, and 6 SCBA compressed air cylinders. This not only meets immediate needs but also establishes a reserve cache, allowing the City to effectively manage testing requirements for both annual and 5-year cycles, ensuring the ongoing safety and preparedness of firefighting personnel.
Protecting the Community
Since the inception of Station 58, there has been a notable positive impact on the City's emergency response metrics. Notably, there has been a commendable 20% decrease in damage prevention and property saved since the station's opening in 2020. This improvement underscores the station's effectiveness in addressing emergencies and mitigating potential risks to the community. Furthermore, the increased service response times contribute to the enhanced overall efficiency of the Fire Department.
Examining the broader trends, the total emergency calls for the fire department in 2023 reached 3,575, marking a notable increase compared to the 2022 call volume of 3,208. This upward trajectory in call volume reflects the growing demand for the City's fire services, highlighting the crucial role played by Station 58 and the Fire Department as a whole in ensuring the safety and well-being of the community.
One notable area of significance is the increase in fires. There has been an increase in both residential structure fires and river bottom fires. Despite this increasing trend overall fire size and complexity has been manageable with one or two engines. This is a direct beneficial effect of cooperative work done by the Fire Department, Public Works Safe and Clean Team, Parks Department and the Madera Irrigation District.
FINANCIAL IMPACT:
Informational Report. No financial impact.
ALTERNATIVES:
This report is for informational purposes only.
ATTACHMENTS:
None
REPORT TO THE MADERA CITY COUNCIL Agenda Item: E-5
Date: February 7, 2024
To: Honorable Mayor and City Councilmembers
From: Darren Rose, Executive Director
Madera County Economic Development Commission
Subject: Madera County Economic Development Commission
2024/25 Annual Basic Service Level Budget
SUBJECT:
City contribution towards the Madera County Economic Development Commission (EDC) for Fiscal Year (FY) 2024/2025 in the amount of $186,081.37
RECOMMENDATION:
The EDC recommends the City Council (Council) adopt a minute order approving the 2024/25 Basic Service Level Budget as submitted.
SUMMARY:
The City, along with the County of Madera and the City of Chowchilla, established a Joint Powers Authority (JPA) to create an agency with the expressed purpose of attracting and establishing industry in the region. The EDC is seeking funding to continue with its core mission for the upcoming fiscal year.
DISCUSSION:
History & Board Composition
The EDC was created by the County of Madera and the cities of Madera and Chowchilla through a JPA in 1968. On an annual basis, the EDC approaches each respective agency and outlines budget needs and contribution amounts. In an effort to identify needs, EDC staff works collaboratively with its Board of Commissioners, comprised of 13 members from county chambers, industry and public utility to plan the upcoming year's strategy and efforts. Budget needs are more narrowly defined by the EDC Executive Committee, which is comprised of 5 of the 13 aforementioned Board of Commi ss ioners. 2425 West Cleveland Ave., Suite 101 • Madera, CA 93637
559-675-7768 • fax 559-675-3252 • www.maderacountyedc.com 11Madera CountY, The Perfect Location "
Role of the EDC
The EDC, in partnership with the City, works tirelessly on:
1. Attracting new business, particularly job creation.
2. Assisting existing business expand, including identifying and providing loans.
3. Retention of existing business that are seeking and relocating outside of the region.
4. Serving as a liaison between the City and businesses .
As part of these efforts, the EDC:
■ Attends trade shows
■ Communicates with corporate site selectors to identify needs • Identifies key personnel at public utility companies (e.g. PG&E, AT&T, Comcast) ■ Generates data on market conditions
■ Develops and maintains on-going relationships with State and Federal elected officials While not all efforts result in new businesses, it is worth noting that the EDC played an instrumental role in recently attracting:
Table 1: New Businesses in the City (1)
In N Out
Amond World
AG Machining
North Fork Mono Resort
: Dutch Bros Coffee
: Miles Chemical
······-~--· . ---··------- --
: WHSE Partners
Smart & Final - .. - -·-------•-•··· --
**Company names may not be provided due to confidentially** California Central Valley EDC
While the EDC represents the JPA agencies, it also part of an eight county wide economic consortium, the California Central Valley Economic Development Corporation (CCVEDC). The CCVEDC is nationally recognized and assists the EDC with connecting key decision makers, generating proprietary research and data, and in organizing site tours with corporate site selectors. Being a member of the EDC grants access to CCVEDC's prospects and leads.
2425 West Cleveland Ave., Suite 101 • Madera, CA 93637
559-675-7768 • fax 559-675-3252 • www.maderacountyedc.com "Madera CountY, The Perteet Location "
Regional EDC
Worth noting is that EDC also acts as the lead agency on a county-wide basis for several agencies, organizations and programs, including:
A. The Eastern Madera County Foundation
B. The Greater Madera County Industrial Association
C. Recycling Market Development Zone (Zone administrator working with CalRecyle and Madera County businesses that use recycled materials to prevent adding to the landfill) D. The Madera County and City of Madera Revolving Loan Fund programs and others.
E. MCEDC acted as a partner with the County of Madera on their CARES Act Funding and ARPA Funding for the Microbusiness Grant programs.
The EDC is also a leader in promoting Madera with ongoing press releases, social media, daily biogs and Real Estate Update.
EDC REQUEST
The contribution amounts are proportionally based on population. For the upcoming year, EDC staff, along with the Board of Commissioners determined the following contribution amounts:
Table 2: Contribution Amounts
Contribution
: County of Madera
: 224,339.41
City of Madera
: 186,081.37 .. ,
: 41.44%
: City of Chowchilla : Total ••• r·· • ·-•·1 ····---··---· -------··- -··---- • ·- : 38,617.27 : 449,038.06
: 8.60% :_ 100%
The 2024/25 Basic Service Level Budget has a $4,643.50 increase over the 2023/24 budget. The JPA states that each jurisdiction shall pay a pro-rated share of the EDC Basic Service Level Budget based on population. EDC conducts an annual review of the State of California Department of Finance (DOF) most recent population numbers for the County of Madera, City of Madera and the City of Chowchilla . The DOF figures show that the City of Madera population represents 41.44 % of the County. This equates to $186,081.37 for the 2024/2025 fiscal year. This is an increase of $4,643.50 over the 2023/2024 Basic Service Level budget. Increase includes slight salary increases, increases in insurance and overhead expenses.
LOOKING FORWARD
Similar to all organizations, the EDC takes its role seriously and is continuously looking at improving to better serve the City. Looking forward to FY 24/25, the EDC will:
• EDC will provide a quarterly update to the council on projects and activities. • EDC staff will invite council members for a bi-annual briefing.
FISCAL IMPACT
This request will have an impact to the General fund in the amount of $186,081.37 2425 West Cleveland Ave., Suite 101 • Madera, CA 93637
559-675-7768 • fax 559-675-3252 • www.maderacountyedc.com "Madera CountY, The Perfect Location "
Summary of Staff Time
*Based on population
Business Assistance/Office Manager
** 15% to CDBG
Executive Director
**1% to CDBG
Business Assistance/Office Manager
Salary
Retirement
Employer Taxes
Workers Comp.
Medical
Dental
Vision
Life/LTD
Business DevelopmenUMkting Manager
Salary
Retirement
Employer Taxes
Workers Comp
Medical
Dental
Vision
Life/LTD
Executive Director
Salary
Retirement
Employer Taxes
Workers Comp
Medical
Dental
Vision
Life/LTD
EXHIBIT A
County of City of
Madera Madera
49.96% 41.44%
$65,515.58 $27,821.84 $23,077.21
$4,913.67 $2,086.64 $1,730.79
$5,011.94 $2,128.37 $1,765.41
$600.00 $254.80 $211.34
$20,846.60 $8,852.72 $7,343.01
$797.93 $338.85 $281.06
$134.61 $57.16 $47.42
$350.00 $148.63 $123.28
$41,689.01 $34,579.52
$56,889.00 $28,421.74 $23,574.80
$4,266.67 $2,131.63 $1,768.11
$4,352.01 $2,174.26 $1,803.47
$543.93 $271.75 $225.40
$25,463.00 $12,721.31 $10,551.87
$1,382.22 $690.56 $572.79
$193.54 $96.69 $80.20
$300.00 $149.88 $124.32
$46,657.83 $38,700.97
$127,000.00 $62,814.71 $52,102.51
$9,525.00 $4,711.10 $3,907.69
$9,715.50 $4,805.32 $3,985.84
$4,626.00 $2,338.00 $1,939.28
$14,786.31 $7,313.37 $6,066.17
$380.63 $188.26 $156.15
$86.68 $42.87 $35.56
$600.00 $296.76 $246.15
$82,510.39 $68,439.37
City of
Chowchilla
8.60%
$4,789.19
$359.19
$366.37
$43.86
$1,523.89
$58.33
$9.84
$25.59
$7,176.25
$4,892.45
$366.93
$374.27
$46.78
$2,189.82
$118.87
$16.64
$25.80
$8,031.57
$10,812.78
$810.96
$827.18
$402.46
$1,258.91
$32.41
$7.38
$51.08
$14,203.15
TOTAL
100%
$55,688.24
$4,176.62
$4,260.15
$510.00
$17,719.61
$678.24
$114.42
$297.50
$83,444.78
$56,889.00
$4,266.67
$4,352.01
$543.93
$25,463.00
$1,382.22
$193.54
$300.00
$93,390.37
$125,730.00
$9,429.75
$9,618.34
$4,679.74
$14,638.45
$376.82
$85.81
$594.00
$165,152.91
$358,280.82 $170,857.23 $141,719.85 $29,410.97 $341,988.06 **CDBG 15%
$9,827.34
$737.05
$751.79
$90.00
$3,126.99
$119.69
$20.19
$52.50
$14,725.55
**CDBG 1%
$1,270.00
$95.25
$97.16
$46.26
$147.86
$3.81
$0.87
$0.60
$1,661.81
EDC Projected Expenses County City ldity
(Exhibit B) of Madera Of!Madera • • ofChowchilla I TOTAL Staff Salaries/Other Compensation 119,058.30 98,754.52 20,494.42 238,307.24 Staff Benefits/Taxes 51,798.94 42,965.33 8,916.55 103,680.82 Subtotal 170,857.23 141,719.85 29,410.97 341,988.06
Operating Expenses % to be applied 49.96% 41.44% 8.60% 100% Audit 5,250 2,622.90 2,175.60 451.50 5,250.00
Auto Expense/Travel 3,500 1,748.60 1,450.40 301.00 3,500.00 Conference/Training 2,500 1,249.00 1,036.00 215.00 2,500.00 Staff Expense 2,500 1,249.00 1,036.00 215.00 2,500.00
Insurance/Surety Bonds 2,100 1,049.16 870.24 180.60 2,100.00 Office Supplies 2,000 999.20 828.80 172.00 2,000.00
Office Rent 26,000 12,989.60 10,774.40 2,236.00 26,000.00 Organizational Dues 1,500 749.40 621.60 129.00 1,500.00 Postage 250 124.90 103.60 21.50 250.00
Newsletter 2,000 999.20 828.80 172.00 2,000.00
Printing 250 124.90 103.60 21.50 250.00
Publications/Directories 500 249.80 207.20 43.00 500.00 Repairs/Maintenance 3,500 1,748.60 1,450.40 301.00 3,500.00 Telephone 3,500 1,748.60 1,450.40 301.00 3,500.00
Utilities 6,500 3,247.40 2,693.60 559.00 6,500.00
Commission Expense 200 99.92 82.88 17.20 200.00
Equipment Rental 3,000 1,498.80 1,243.20 258.00 3,000.00 Marketing 42,000 20,983.20 17,404.80 3,612.00 42,000.00 107,050.00 53482.18 44361.52 9,206.30 107,050.00
TOT AL Fiscal Year 24/25 224,339.41 186,081.37 38,617.27 449,038.06 County of Madera City of Madera City of Chowchilla