Agenda packet, regular meeting — Madera City Council, June 5, 2024 (part 1 of 2)

Update 05/30/2024 at 5:45 p.m. Madera City Council Agenda Page 1 of 5 June 5, 2024

REGULAR MEETING OF THE MADERA CITY COUNCIL

AND SPECIAL MEETING OF THE MADERA CITY COUNCIL AS THE

GROUNDWATER SUSTAINABILITY AGENCY
205 W. 4th Street, Madera, California 93637

NOTICE AND AGENDA
Wednesday, June 5, 2024 Council Chambers
6:00 p.m. City Hall
The Madera City Council meetings are open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live-streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900- 6833 enter ID: 837 5313 6682#. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

CALL TO ORDER:

ROLL CALL: Mayor Santos Garcia
Mayor Pro Tem Cece Gallegos, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3
Councilmember Anita Evans, District 4
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
INVOCATION: Pastor Brandon Hopkins, Grace Community Church PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA:

PRESENTATIONS:

1. Proclamation Recognizing Juneteenth Day

2. Proclamation Recognizing PRIDE Month
PUBLIC COMMENT:

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

Update 05/30/2024 at 5:45 p.m. Madera City Council Agenda Page 2 of 5 June 5, 2024
Speakers will be asked, but are not required, to identify themselves and state the subject of their comments. If the subject is an item on the Agenda, the Mayor has the option of asking the speaker to hold the comment until that item is called. Comments on items listed as a Public Hearing on the Agenda should be held until the hearing is opened. The Council is prohibited by law from taking any action on matters discussed that are not on the agenda, and no adverse conclusions should be drawn if the Council does not respond to public comment at this time.

A. PUBLIC HEARINGS: None
B. CONSENT CALENDAR:

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

B-1 Minutes – May 15, 2024
Recommendation: Approve the City Council Minutes of May 15, 2024 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for May 4, 2024 to May 24, 2024 (Report by Michael Lima)
B-3 Informational Report on Contract City Attorney Services and Litigation Expenditures Recommendation: This report is submitted for informational purposes only and there is no action requested from the City Council (Report by Arnoldo Rodriguez) B-4 Update to Administrative Policy 45: Injury and Illness Prevention Program to Include the Workplace Violence Prevention Plan
Recommendation: Adopt a Resolution:

1. Approving revisions to Administrative Policy (AP) No. 45: Injury and Illness Prevention Program (IIPP) to add AP 45.2: Workplace Violence Prevention Plan in compliance with Cal/OSHA
Requirements under California Senate Bill (SB) 553; and

2. Rescinding Administrative Policy 32: Safety in the Workplace – Prohibition of Weapons &Threats of Violence (Report by Wendy Silva)
B-5 Acceptance of Repairs at the Centennial Park Pool Complex Recommendation: Staff recommends that the City Council approve Minute Order Approving:

1. Acceptance of the Repairs at the Centennial Park Pool Complex located at 221 Flume Street; and

2. The Recording of Notice of Completion (Report by Joseph Hebert) B-6 Adoption of Updated District Boundary to Include Property Annexed into the City (Country Club Drive-Martin Street Annexation)
Update 05/30/2024 at 5:45 p.m. Madera City Council Agenda Page 3 of 5 June 5, 2024
Recommendation: Waive the full reading and adopt an Ordinance of the City Council of the City of Madera amending Subsection C (3) of Section 2-1.21 of the City Municipal Code to adopt revised district boundaries by title only, including CEQA Guidelines Section 15061(b)(3) determination (Report by Alicia Gonzales)
B-7 Approval of Fleet Rollup Door Removal and Replacement Contract Recommendation: Adopt a resolution awarding a contract to D L Batty, Inc. for the Removal and Replacement of Fleet Rollup Doors in the amount of $162,191.80, and a finding of a Class 1 CEQA Categorical Exemption (Existing Facilities) (Report by Michael Lima)
B-8 General Election for Mayor and Council Districts 2, 4, and 6 Recommendation: Adopt a Resolution calling for and requesting consolidation of the City’s General Municipal Election with the General Election on November 5, 2024, for the election of City Council elected to serve as Mayor and Council Districts 2, 4, and 6; and requesting that the Madera County Clerk render election services relating to the conduct of the election (Report by Alicia Gonzales)
C. WORKSHOP:

C-1 Budget Workshop (Report by Michael Lima)
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 City’s Participation in the 4th of July Community Event Recommendation: Adopt Resolutions:

1. Authorizing up to $8,000 in payment to the Greater Madera Kiwanis should the 4th of July Community Event not raise adequate funds; and

2. Approving a Budget Amendment to the Fiscal Year 2023/2024 Operating Budget to appropriate General Fund balance for payment to the Greater Madera Kiwanis; and

3. Waiving the fees to cover the costs of police services of $2,068 (Report by Giachino Chiaramonte)
D-2 Piggyback purchase agreements for Fleet Division-related purchase Recommendation: Adopt a Resolution approving Sourcewell piggyback agreement with PB Loader Corporation for the purchase of an all-electric utility truck in the amount of $129,016.41 for the Facilities Division and approve a Budget Amendment in the amount of $46,517 to fund the recommended purchase (Report by Michael Lima)
D-3 Schedule “A” Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) from July 1, 2024, to June 30, 2025, for Fire Service Operations Recommendation: Adopt a Resolution approving a new Schedule “A” agreement with the California Department of Forestry and Fire Protection (CAL FIRE) from July 1, 2024, to June 30, 2025, for $6,236,553 (Report by Justin Macomb) Update 05/30/2024 at 5:45 p.m. Madera City Council Agenda Page 4 of 5 June 5, 2024
D-4 Purchase of Real Property located at 16564 N. Lake Street (APN: 038-030-028) for Planned Northeast Water Storage Tank
Recommendation: Adopt a Resolution:

1. Approving the Agreement for Purchase of a portion of Real Property located at 16564 N. Lake Street (APN: 038-030-028) for $222,000 and Joint Escrow Instructions; and

2. Accepting the Grant Deed (Report by Keith Helmuth)
D-5 Caltrans State Route 145 Yosemite Avenue Project Cooperative Agreement – Local Only Contribution
Recommendation: Adopt a Resolution Approving Cooperative Agreement – Local Contribution Only (Agreement) in the amount $3,000,000 with State of California Department of Transportation (Report by Keith Helmuth) D-6 Measure T 2024 Draft Expenditure Plan
Recommendation: Adopt a Resolution Approving the Draft 2024 Measure T Expenditure Plan (Report by Keith Helmuth)
D-7 Temporary authority for the City Manager to offer higher than C-step for Deputy City Engineer, Senior Civil Engineer, and Senior Planner candidates Recommendation: Adopt a Resolution providing the City Manager temporary authority to offer candidates considered for Deputy City Engineer, Senior Civil Engineer, and Senior Planner positions higher than C-step on the assigned salary range for the classifications (Report by Wendy Silva) E. ADMINISTRATIVE REPORTS:

E-1 Madera Subbasin Joint Groundwater Sustainability Plan (GSP) – Re-Consideration of FiveYear Evaluation and Update of the GSP Recommendation: Receive Report and provide direction regarding information provided to the City Council (Report by Keith Helmuth)
E-2 Mayor’s Appointment to the San Joaquin River Conservancy Board Recommendation: Approve a Minute Order Approving the Mayor’s Appointment to the San Joaquin River Conservancy Board (Report by Alicia Gonzales) E-3 PG&E Policy and Customer Resource Update
Recommendation: This report is submitted for informational purposes only and there is no action requested from the City Council (Report by Arnoldo Rodriguez) F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

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

G. CLOSED SESSION: None
Update 05/30/2024 at 5:45 p.m. Madera City Council Agenda Page 5 of 5 June 5, 2024
ADJOURNMENT:

 The meeting room is accessible to the physically disabled. Requests for accommodations for persons with disabilities such as signing services, assistive listening devices, or alternative format agendas and reports needed to assist participation in this public meeting may be made by calling the City Clerk’s Office at (559) 661-5405 or emailing [email protected] . Those who are hearing impaired may call 711 or 1-800-735-2929 for TTY Relay Service. Requests should be made as soon as practicable as additional time may be required for the City to arrange or provide the requested accommodation.

Requests may also be delivered/mailed to: City of Madera, Attn: City Clerk, 205 W. 4th Street, Madera, CA 93637. At least seventy-two (72) hours’ notice prior to the meeting is requested but not required.

When making a request, please provide sufficient detail that the City may evaluate the nature of the request and available accommodations to support meeting participation. Please also provide appropriate contact information should the City need to engage in an interactive discussion regarding the requested accommodation.
 The services of a translator can be made available. Please contact the City Clerk’s Office at (559) 661- 5405 or emailing [email protected] to request translation services for this meeting. Those who are hearing impaired may call 711 or 1-800-735-2929 for TTY Relay Service. Requests should be submitted in advance of the meeting to allow the City sufficient time to provide or arrange for the requested services. At least seventy-two (72) hours’ notice prior to the meeting is requested but not required.
 Please silence or turn off cell phones and electronic devices while the meeting is in session.  Regular meetings of the Madera City Council are held the 1st and 3rd Wednesday of each month at 6:00 p.m. in the Council Chambers at City Hall.
 Any writings or documents provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s office located at 205 W. 4th Street, Madera, CA 93637 and on the City website at www.madera.gov  Questions regarding the meeting agenda or conduct of the meeting, please contact the City Clerk’s Office at (559) 661-5405.
 Para asistencia en español sobre este aviso, por favor llame al (559) 661-5405.

I, Alicia Gonzales, City Clerk for the City of Madera, declare under penalty of perjury that I posted the above agenda for the Regular Meeting of the Madera City Council for June 5, 2024, near the front entrances of City Hall and on the City’s website www.madera.gov at 5:45 p.m. on May 30, 2024. _______________________
Alicia Gonzales, City Clerk

Minutes of a Regular Meeting of the Madera City Council May 15, 2024 Council Chambers
6:00 p.m. City Hall
The Madera City Council meetings are open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live-streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID: 813 1188 7890 #. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

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

ROLL CALL:

Present: Mayor Santos Garcia
Mayor Pro Tem Cece Gallegos, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6

Absent: Councilmember Anita Evans, District 4
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Shannon L. Chaffin, Chief Building Official Rafael Magallan, City Engineer Keith Helmuth, Community Development Director Will Tackett, Director of Financial Services Michael Lima, Fire Battalion Chief Ralph Duran, Grants Administrator Marcela Zuniga, Director of Human Resources Wendy Silva, Director of Information Technology Gary Price, Director of Parks and Community Services Joseph Hebert, Chief of Police Giachino Chiaramonte, Public Works Director Ismael Hernandez and Program Manager – Grants (Transit) Xochitl Villaseñor.

INVOCATION: Joyce Lance, Glory of Zion Ministries
PLEDGE OF ALLEGIANCE: Councilmember Mejia
APPROVAL OF AGENDA:

ON MOTION BY MAYOR PRO TEM GALLEGOS AND SECONDED BY COUNCILMEMBER VILLEGAS, THE AGENDA WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBER EVANS. ABSTAIN:

NONE.

PRESENTATIONS:

1. Proclamation Recognizing Public Works Week
Item: B-1
Minutes for: 05/15/2024
Adopted: 06/05/2024
City of Madera City Council Minutes
205 W. 4th Street May 15, 2024
Madera, CA 93637 Page 2 of 6

2. Proclamation Recognizing Mrs. Elizabeth Ochoa as the 2024 California League of Educators (CLE) Teacher of the Year – Elementary Award
PUBLIC COMMENT:

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

Jose Eduardo Chavez, a resident of Madera and part of the Comite Guelaguetza thanked City Staff and Council for their involvement at last year’s Gueletgueza event. He invited everyone to the next event that will be held on Sunday, October 13, 2024 at the Madera Sunrise Rotary Sports Complex.

Kyle Savage, a Field Representative for Congressman Duarte mentioned that on April 26, 2024 they congratulated and presented the City of Madera with $2 million dollars for two City projects. He stated that Congressman Duarte was proud to announce that he and others recently introduced HR 7816, The Clear Communications For Veterans Claims Act. Earlier this month, Congressman Duarte also hosted a roundtable and press conference on the bill with veteran stakeholders. He aims to make Veterans’ Administration notice letters easier and simpler for vets to understand.

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

A. PUBLIC HEARINGS: None
B. CONSENT CALENDAR:

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

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY MAYOR PRO TEM GALLEGOS, THE CONSENT CALENDAR WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT:

COUNCILMEMBER EVANS. ABSTAIN: NONE.

B-1 Minutes – May 1, 2024
Recommendation: Approve the City Council Minutes of May 1, 2024 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for April 20, 2024 to May 3, 2024 (Report by Michael Lima)
B-3 Informational Report on Personnel Activity
Recommendation: This report is submitted for informational purposes only and there is no action requested from the City Council (Council) (Report by Wendy Silva) City of Madera City Council Minutes
205 W. 4th Street May 15, 2024
Madera, CA 93637 Page 3 of 6
B-4 Continuing Declaration Proclaiming the Existence of a Local Emergency – January 2023 Winter Storms
Recommendation: Adopt a Resolution Continuing the Declaration Proclaiming the Existence of a Local Emergency – January 2023 Winter Storms in accordance with Madera Municipal Code Title III, Chapter 2 (Report by Wendy Silva)
RES 24-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, CONTINUING THE DECLARATION PROCLAIMING THE
EXISTENCE OF A LOCAL EMERGENCY – JANUARY 2023 WINTER STORMS IN ACCORDANCE WITH MADERA MUNICIPAL CODE TITLE III, CHAPTER 2 B-5 Acceptance of Basketball Courts at McNally Park
Recommendation: Approve a Minute Order Approving:

1. Acceptance of the Newly Reconstructed Basketball Courts at McNally Park, located at 825 South A Street, Madera, CA 93638; and

2. The Recording of Notice of Completion (Report by Joseph Hebert) B-6 Acceptance of Trail Restoration Project at Vernon McCullough River Trail Recommendation: Approve a Minute Order Approving:

1. Acceptance of the Vernon McCullough Trail Surface Restoration Project; and

2. The Recording of the Notice of Completion (Report by Joseph Hebert)
B-7 First Amendment to the Lease Agreement for Facilities at the Millview Community Center with Community Action Partnership of Madera County
Recommendation: Adopt a Resolution Approving the First Amendment to Lease Agreement for Facilities at the Millview Community Center with the Community Action Partnership of Madera County (CAPMC) (Report by Joseph Hebert)
RES 24-64 RESOLUTION APPROVING THE FIRST AMENDMENT TO LEASE

AGREEMENT FOR FACILITIES AT THE MILLVIEW COMMUNITY CENTER

WITH THE COMMUNITY ACTION PARTNERSHIP OF MADERA COUNTY
B-8 Second Reading and Adoption of an Ordinance to Rezone (REZ 2022-09) ±2.3 acres of property located on the westerly corner of the Intersection of North Schnoor Avenue and Foxglove Way (APN: 013-070-014)
Recommendation: The Planning Commission and staff recommend the City Council hold a public hearing, make the necessary findings, and take actions as follows:

1. Waive full reading and adopt an Ordinance of the City Council of the City of Madera approving Rezone 2022-09 and amending the official City of Madera Zoning Map to rezone approximately 2.3 acres of property (APN: 013-070-014) from the PO (Professional Office) zone district to the C1 (Light Commercial) zone district (Report by Will Tackett)
City of Madera City Council Minutes
205 W. 4th Street May 15, 2024
Madera, CA 93637 Page 4 of 6
ORD 1009 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING REZONE 2022-09 AND AMENDING THE OFFICIAL CITY OF MADERA ZONING MAP TO REZONE APPROXIMATELY 2.3 ACRES OF
PROPERTY (APN: 013-070-014) FROM THE PO (PROFESSIONAL OFFICE) TO THE C1 (LIGHT COMMERCIAL) ZONE DISTRICT
C. WORKSHOP: None
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Consultant Services Agreement with Madera Unified School District for 2024 Summer Camps Recommendation: Adopt a Resolution Approving the Consultant Services Agreement with the Madera Unified School District (MUSD) for the 2024 Summer Enrichment STEAM Camps not to exceed $35,651 (Report by Joseph Hebert)
No Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM D-1 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBER EVANS.

ABSTAIN: NONE.

RES 24-65 RESOLUTION APPROVING A CONSULTANT SERVICES AGREEMENT WITHMADERA UNIFIED SCHOOL DISTRICT FOR THE 2024 SUMMER
ENRICHMENT STEAM CAMPS PROGRAM NOT TO EXCEED $35,651
D-2 Rotary Park Rental for Farmers’ Market 2024 Fee Waiver Request Recommendation: Adopt a Resolution waiving the rental fees of Rotary Park related to the Neighborhood Farmers’ Market at an anticipated fee rental of $1,775 (Report by Joseph Hebert)
Sulma Yañes stated she is the Manager for the Farmers Market and she is the person who coordinated bringing this event to the City of Madera.

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

ON MOTION BY COUNCILMEMBER VILLEGAS AND SECONDED BY COUNCILMEMBER RODRIGUEZ, ITEM D-2 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT:

COUNCILMEMBER EVANS. ABSTAIN: NONE.

RES 24-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA WAIVING RENTAL FEES FOR ROTARY PARK RENTAL RELATED TO THE 2024 FARMERS’ MARKET, HOSTED BY THE FARMERS’ MARKET TEAM FROM JUNE 13 TO SEPTEMBER 12, 2024
D-3 Adoption of Updated District Boundary to Include Property Annexed into the City (Country Club Drive-Martin Street Annexation)
Recommendation: Waive the full reading and introduce an Ordinance of the City Council of the City of Madera amending Subsection C (3) of Section 2-1.21 of the City Municipal Code to adopt revised district boundaries by title only, including CEQA Guidelines Section 15061(b)(3) determination (Report by Alicia Gonzales)
City of Madera City Council Minutes
205 W. 4th Street May 15, 2024
Madera, CA 93637 Page 5 of 6
Mr. Montes asked if the property being annexed would be connecting to City water services.

Staff responded that the area was annexed into the City a couple of months ago. This item will allow residents in that area to vote as they are not currently in a Council District. Customers in the annexed area could potentially connect to City services but it would be expensive as the cost would be borne by the customer not the City.

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

ON MOTION BY COUNCILMEMBER RODRIGEUZ AND SECONDED BY MAYOR PRO TEM GALLEGOS, ITEM D-3 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT:

COUNCILMEMBER EVANS. ABSTAIN: NONE.

INTRO ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA AMENDING SUBSECTION (C)(3) OF SECTION 2-1.21 OF CHAPTER 1 OF

TITLE II OF THE MADERA MUNICIPAL CODE AND ADOPTING REVISED

DISTRICT VOTING BOUNDARIES
D-4 Community Development Block Grant (CDBG) 2024/25 Annual Action Plan Final Funding Allocation
Recommendation: Approve by Minute Order the Tentative 2024/25 CDBG Annual Action Plan Final Funding Allocation in the Amount of $989,495 (Report by Michael Lima)
April Molina spoke in favor of O.L.I.V.E.

Emilio Hipolito spoke in favor of Pequeños Empresarios.

Christine Argollo spoke in favor of Pequeños Empresarios.

Jessica Mendoza spoke in favor of Pequeños Empresarios.

A member of the public spoke in favor of Pequeños Empresarios.

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

ON MOTION BY MAYOR PRO TEM GALLEGOS AND SECONDED BY COUNCILMEMBER MONTES, ITEM D-4 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBER EVANS.

ABSTAIN: NONE.

E-1 Status Update of Airport Property Agricultural Property Leases Within the City of Madera Recommendation: This report is submitted to the City Council (Council) to provide an update on Airport Property Lease Agreements (Report by Keith Helmuth)
E-2 Madera Metro Transit Operator, MV Inc Presentation
Recommendation: Council feedback and direction as deemed necessary for the ongoing operation of the Madera Metro Transit System (Report by Michael Lima)
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

This portion of the meeting is reserved for the Mayor and Councilmembers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to request updates, (iii) to initiate future agenda items., and (iv) to take action on matters initiated under City of Madera City Council Minutes
205 W. 4th Street May 15, 2024
Madera, CA 93637 Page 6 of 6
this section of the agenda. Under this section the Council may take action only on items specifically agendized and which meet other requirements for action.

Councilmember Montes expressed appreciation for Staff and the work they do. He also thanked MV for their presentation and encouraged the public to reach out to their elected representatives with their questions or concerns.

Mayor Pro Tem Gallegos gave a shout out to the entire City staff for their continuous service to our customers and residents. She also mentioned that May is Mental Health Awareness Month and encouraged everyone to practice self-wellness checks.

Councilmember Villegas thanked all the presenters who presented at the Council Meeting. He honored those officers who have lost their lives in the line of duty and stated how important it is to recognize their sacrifices for the community. He announced a groundbreaking for the Madera County Food Bank on May 24, 2024 and invited the public to join in celebration.

Councilmember Mejia congratulated Pan Valley Institute on their Nu’u Yavi event that took place on May 3, 2024, and featured multi-culture and multi-ethnic cuisines. She requested a future workshop item concerning vendors and the process of applications/fees to participate in community events.

Councilmember Rodriguez had nothing to report.

Mayor Garcia had nothing to report.

G. CLOSED SESSION: None
ADJOURNMENT: Meeting was adjourned at 8:12 p.m.

ALICIA GONZALES, City Clerk SANTOS GARCIA, Mayor
_______________________________________

MINUTES PREPARED BY
ZELDA LEÓN, Deputy City Clerk

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: June 5, 2024
_________________________________ Agenda Number: B-2
Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Informational Report on Register of Audited Demands
RECOMMENDATION:

Review Register of Audited Demands Report for May 4, 2024 to May 24, 2024 SUMMARY:

The Register of Audited Demands for the City covering obligations paid during the period of May 4, 2024 to May 24, 2024 is summarized in the following tables. Attachment A contains Warrants while Table 2 is a summary of the wire transfers.

Table 1: Warrant Distribution Summary
Description Check #’s Amount
General Warrants 39378 – 39535 $3,384,389.74
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes US Bank $1,352,916.22
SDI EDD $5,675.00
CalPERS Payment CalPERS $297,215.37
DISCUSSION:

Warrant requests are processed weekly based on the Fiscal Year 2023/2024 Adopted Budget and released for payment every Monday. Each demand has been audited and the Finance Director hereby certifies as to their accuracy and that there were sufficient funds for their payment. Per the request of City Council, we have included the departments from which each of the respective warrants were requested as well as the fund/division description from which they were paid.

FINANCIAL IMPACT:

Demands for payments are made within the constraints of the Fiscal Year 2023/2024 Adopted Budget.

ALTERNATIVES:

Informational only.

ATTACHMENTS:

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 39378 05/08/2024 STREETS STREETS TRENTMAN CORPORATION POSTS AND ANCHORS 4,277.12 $ 39379 05/08/2024 ENGINEERING ENGINEERING ACRO SERVICE CORPORATION TEMP SERVICES - ENGINEERING 2,800.00 $ 39379 05/08/2024 ENGINEERING ENGINEERING ACRO SERVICE CORPORATION TEMP SERVICES - SENIOR CIVIL ENGINEER 2,800.00 $ 39380 05/08/2024 PD OPS PD OPS RAUL R. HERRERA JR. POLYGRAPHS 500.00 $ 39381 05/08/2024 STREETS STREETS STATEWIDE TRAFFIC SAFETY AND SIGNS INC SEALANT 3,815.11 $ 39382 05/08/2024 FINANCE CENTRAL ADMIN THE PUN GROUP PROFESSIONAL AUDITING SVS 5,500.00 $ 39383 05/08/2024 FINANCE FINANCE MV CHENG & ASSOCIATES, INC. CONSULTING SERVICES: INTERIM FINANCE DIRECTOR 2,843.75 $ 39384 05/08/2024 CITY CLERK PURCHASING GENERAL LOGISTICS SYSTEMS US INC OVERNIGHT MAIL - CITY ATTORNEY 7.75 $ 39385 05/08/2024 ENGINEERING WATER OPS DAVIDS ENGINEERING, INC. PROFESSIONAL SERVICES 621.12 $ 39386 05/08/2024 FINANCE CITY MANAGER HINDERLITER, DE LLAMAS AND ASSOCIATES Q1 23/24 CONTRACT/AUDIT SALES TAX 3,060.00 $ 39387 05/08/2024 PD OPS MEAS K - PD DOOLEY ENTERPRISES, INC. AMMUNITION 28,046.21 $ 39388 05/08/2024 FIRE FIRE VAN DE POL ENTERPRISES, INC. FUEL CDF - 04/01/24-04/15/24 1,069.60 $ 39388 05/08/2024 FIRE MEAS K - FIRE VAN DE POL ENTERPRISES, INC. FUEL CDF - BULK DIESEL 2,752.15 $ 39389 05/08/2024 INFO SERVICES BUILDING ZONES IT SOLUTIONS INC TABLETS FOR INSPECTORS 1,205.52 $ 39390 05/08/2024 UB - WATER UB - GARBAGE SAFEGUARD BUSINESS SYSTEMS, INC. UB BAGS AND DEPOSIT SLIPS 136.76 $ 39390 05/08/2024 UB - WATER UB - SEWER SAFEGUARD BUSINESS SYSTEMS, INC. UB BAGS AND DEPOSIT SLIPS 136.75 $ 39390 05/08/2024 UB - WATER UB - WATER SAFEGUARD BUSINESS SYSTEMS, INC. UB BAGS AND DEPOSIT SLIPS 273.51 $ 39391 05/08/2024 PD OPS PD OPS A1 TOWING SERVICE LLC TOWING SERVICES 760.00 $ 39392 05/08/2024 FIRE MEAS K - FIRE KERB APPEAL, INC. STATION 58 FENCE 15,660.00 $ 39393 05/08/2024 INFO SERVICES COMPUTER MAINT ABTECH TECHNOLOGIES, INC. SALES TAX FOR PO 30240341 8,566.16 $ 39394 05/08/2024 STREETS STREETS PRECISION EMPRISE LLC SIDEWALK REPAIR 3,008.83 $ 39395 05/08/2024 PD OPS PD OPS FRONTLINE PUBLIC SAFETY SOLUTIONS ANNUAL MEMBERSHIP 1,250.00 $ 39396 05/08/2024 FINANCE CENTRAL ADMIN AT&T 04/24 CALNET 3 SERVICE 9391026406 27.53 $ 39396 05/08/2024 FINANCE FINANCE AT&T 04/24 CALNET 3 SERVICE 9391026406 27.54 $ 39396 05/08/2024 FINANCE HR/RISK MGT AT&T 04/24 CALNET 3 SERVICE 9391026400 29.03 $ 39396 05/08/2024 FINANCE MEAS K - FIRE AT&T 09/23 CALNET 3 SERVICE 9391068734 52.58 $ 39396 05/08/2024 FINANCE PARKS AT&T 04/24 CALNET 3 SERVICE 9391026412 161.03 $ 39396 05/08/2024 FINANCE PARKS ADMIN AT&T 04/24 CALNET 3 SERVICE 9391031580 280.95 $ 39396 05/08/2024 FINANCE SEWER OPS AT&T 04/24 CALNET 3 SERVICE 9391026410 56.51 $ 39396 05/08/2024 FINANCE SR CITIZEN COMM AT&T 04/24 CALNET 3 SERVICE 9391026415 66.39 $ 39396 05/08/2024 FINANCE WWTP AT&T 04/24 CALNET 3 SERVICE 9391026417 37.93 $ 39396 05/08/2024 FINANCE WWTP AT&T 04/24 CALNET 3 SERVICE 9391026405 29.03 $ 39396 05/08/2024 FINANCE PD OPS AT&T 04/24 CALNET 3 SERVICE 9391026414 368.43 $ 39396 05/08/2024 FINANCE PD OPS AT&T 04/24 CALNET 3 SERVICE 9391026409 29.44 $ 39396 05/08/2024 PD OPS PD OPS AT&T 04/24 CALNET 3 SERVICE 9391064552 286.21 $ 39397 05/08/2024 PD OPS PD OPS ADAMS, MARK PER DIEM - POST MANAGEMENT COURSE 396.75 $ 39398 05/08/2024 PD OPS PD OPS ADAMS, MARK PER DIEM - CAL CHIEF'S ANNUAL TRAINING SYMPOSIUM 224.25 $ 39399 05/08/2024 FACILITIES FACILITIES MAINT CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC. STREET LAMP POST TOPS 1,055.44 $ 39400 05/08/2024 ENGINEERING ENGINEERING AMERICAN BUSINESS MACHINES PLOTTER LEASE 148.50 $ 39401 05/08/2024 CITY CLERK CITY CLERK AMERICAN LEGAL PUBLISHING CORP ONLINE VERSION OF MMC UPDATE 157.28 $ 39402 05/08/2024 WWTP WWTP BASS & SONS WWTP - CRANE SERVICES 350.00 $ 39403 05/08/2024 FACILITIES FACILITIES MAINT CA DEPARTMENT OF TRANSPORTATION SHARED COST - CAL-TRANS 7,040.13 $

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT June 5, 2024

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 39404 05/08/2024 FACILITIES AIRPORT OPS CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - AIRPORT 113.50 $ 39404 05/08/2024 FACILITIES CENTRAL ADMIN CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - CITY HALL FINANCE 548.00 $ 39404 05/08/2024 FACILITIES COMM & REC CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - PANAM 702.80 $ 39404 05/08/2024 FACILITIES COMM & REC CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - MILLVIEW 113.50 $ 39404 05/08/2024 FACILITIES COMM & REC CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - JWYC 782.45 $ 39404 05/08/2024 FACILITIES COMM & REC CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - FBSC 325.75 $ 39404 05/08/2024 FACILITIES COMM & REC CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - PCS YOUTH SERVICES 113.50 $ 39404 05/08/2024 FACILITIES COMM & REC CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - PW CITY YARD 113.50 $ 39404 05/08/2024 FACILITIES ENGINEERING CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - ENG 113.50 $ 39404 05/08/2024 FACILITIES ENGINEERING CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - RDA 113.50 $ 39404 05/08/2024 FACILITIES FIRE CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - FIRE #6 113.50 $ 39404 05/08/2024 FACILITIES FIRE CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - FIRE #7 113.50 $ 39404 05/08/2024 FACILITIES INTERMODAL BLDG CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - INTERMODAL 267.70 $ 39404 05/08/2024 FACILITIES WATER OPS CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - PW WATER 326.80 $ 39404 05/08/2024 FACILITIES WWTP CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - WWTP 310.90 $ 39404 05/08/2024 FACILITIES WWTP CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - WWTP 1,163.99 $ 39404 05/08/2024 FACILITIES PD OPS CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - PD 646.49 $ 39405 05/08/2024 PURCHASING AIRPORT OPS CANON FINANCIAL SERVICES COPIER LEASE 04/24 74.25 $ 39405 05/08/2024 PURCHASING BUILDING CANON FINANCIAL SERVICES COPIER LEASE 04/24 163.13 $ 39405 05/08/2024 PURCHASING CITY CLERK CANON FINANCIAL SERVICES COPIER LEASE 04/24 223.30 $ 39405 05/08/2024 PURCHASING ENGINEERING CANON FINANCIAL SERVICES COPIER LEASE 04/24 1,163.08 $ 39405 05/08/2024 PURCHASING FINANCE CANON FINANCIAL SERVICES COPIER LEASE 04/24 1,335.76 $ 39405 05/08/2024 PURCHASING HR/RISK MGT CANON FINANCIAL SERVICES COPIER LEASE 04/24 310.70 $ 39405 05/08/2024 PURCHASING PARKS ADMIN CANON FINANCIAL SERVICES COPIER LEASE 04/24 720.82 $ 39405 05/08/2024 PURCHASING PLANNING CANON FINANCIAL SERVICES COPIER LEASE 04/24 407.85 $ 39405 05/08/2024 PURCHASING SEWER OPS CANON FINANCIAL SERVICES COPIER LEASE 04/24 192.88 $ 39405 05/08/2024 PURCHASING SOLID WASTE CANON FINANCIAL SERVICES COPIER LEASE 04/24 192.88 $ 39405 05/08/2024 PURCHASING TRANS - FIXED CANON FINANCIAL SERVICES COPIER LEASE 04/24 223.31 $ 39405 05/08/2024 PURCHASING TRANS - DAR CANON FINANCIAL SERVICES COPIER LEASE 04/24 223.30 $ 39405 05/08/2024 PURCHASING WATER OPS CANON FINANCIAL SERVICES COPIER LEASE 04/24 192.88 $ 39405 05/08/2024 PURCHASING WATER QUALITY CONTROL CANON FINANCIAL SERVICES COPIER LEASE 04/24 194.02 $ 39405 05/08/2024 PURCHASING WWTP CANON FINANCIAL SERVICES COPIER LEASE 04/24 376.64 $ 39405 05/08/2024 PURCHASING PD OPS CANON FINANCIAL SERVICES COPIER LEASE 04/24 386.16 $ 39406 05/08/2024 PD OPS PD OPS CHIARAMONTE, GIACHINO PER DIEM - CAL CHIEF'S ANNUAL TRAINING SYMPOSIUM 224.25 $ 39407 05/08/2024 UB - WATER UB - GARBAGE DATAPROSE, LLC APRIL 2024 BILLING 2,698.06 $ 39407 05/08/2024 UB - WATER UB - SEWER DATAPROSE, LLC APRIL 2024 BILLING 2,698.07 $ 39407 05/08/2024 UB - WATER UB - WATER DATAPROSE, LLC APRIL 2024 BILLING 5,396.15 $ 39408 05/08/2024 FIRE MEAS K - FIRE DIAMOND COMMUNICATIONS FIRE ALARM INSPECTION - FIRE 58 859.50 $ 39408 05/08/2024 WWTP WWTP DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING - WWTP 306.25 $ 39409 05/08/2024 CITY ADMIN COMMUNITY PROMO ECONOMIC DEVELOPMENT COMMISSION Q4 EDC CONTRIBUTION FY 23/24 45,359.47 $ 39410 05/08/2024 FACILITIES COMPUTER MAINT 47TH PLACE- CARPET ONE CARPET TILE - IT 2,950.00 $ 39411 05/08/2024 PD OPS MEAS K - PD FRESNO CITY COLLEGE REGISTRATION FEE - POLICE ACADEMY ID# 0613745 930.00 $ 39411 05/08/2024 PD OPS MEAS K - PD FRESNO CITY COLLEGE REGISTRATION FEE - POLICE ACADEMY ID# 0866018 930.00 $ 39411 05/08/2024 PD OPS PD OPS FRESNO CITY COLLEGE REGISTRATION FEE - POST SUPERVISOR 299.00 $ 39412 05/08/2024 PD OPS PD OPS GONZALEZ, FELIX PER DIEM - POST MANAGEMENT COURSE 425.50 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 39413 05/08/2024 FACILITIES SEWER OPS INDUSTRIAL ELECTRICAL CO. GENERATOR MAINTENANCE 1,566.64 $ 39413 05/08/2024 WATER OPS WATER OPS INDUSTRIAL ELECTRICAL CO. WELL 24 MAINTENANCE 2,921.80 $ 39414 05/08/2024 FLEET MAINT TRANS - DAR J'S COMMUNICATIONS BUS ANTENNAS - MINI UHF 24.68 $ 39414 05/08/2024 FLEET MAINT TRANS - DAR J'S COMMUNICATIONS BUS ANTENNAS - 1/4 WAVE 450-470 MHZ 30.48 $ 39415 05/08/2024 FIRE FIRE LAWLER EXCACVATION PIPELINE & UTILITIES EMERGENCY GAS LINE REPAIR 1,358.06 $ 39416 05/08/2024 CENTRAL ADMIN CENTRAL ADMIN LEAGUE OF CALIFORNIA CITIES CAL CITIES DIVISIONAL DUES 2024 553.25 $ 39417 05/08/2024 ANIMAL CONTROL ANIMAL CONTROL MADERA ANIMAL HOSPITAL VETERINARY SERVICES 04/29/24 94.88 $ 39418 05/08/2024 UB - WATER WATER CONSERV CITY OF MADERA CLOTHES WASHER REBATE 6255039 200.00 $ 39418 05/08/2024 UB - WATER WATER CONSERV CITY OF MADERA TOILET REBATE 4576383 100.00 $ 39418 05/08/2024 UB - WATER WATER CONSERV CITY OF MADERA TOILETS X3 REBATE 9904237 300.00 $ 39418 05/08/2024 UB - WATER WATER CONSERV CITY OF MADERA MULCH AND DELIVERY REBATE 6725051 175.00 $ 39418 05/08/2024 UB - WATER WATER CONSERV CITY OF MADERA MULCH REBATE 6255039 100.00 $ 39418 05/08/2024 UB - WATER WATER CONSERV CITY OF MADERA SMART IRRIGATION CONTROLLER REBATE 9907988 105.57 $ 39418 05/08/2024 UB - WATER WATER CONSERV CITY OF MADERA SMART IRRIGATION CONTROLLER REBATE 9904237 135.26 $ 39418 05/08/2024 UB - WATER WATER CONSERV CITY OF MADERA SMART IRRIGATION CONTROLLER REBATE 6255039 138.00 $ 39418 05/08/2024 UB - WATER WATER CONSERV CITY OF MADERA DRIP IRRIGATION REBATE 6255039 150.00 $ 39418 05/08/2024 UB - WATER WATER CONSERV CITY OF MADERA TIMER REBATE 6255039 50.00 $ 39419 05/08/2024 FINANCE PAYROLL TRUST M.C.E.A. MONTHLY DUES 2/3/2023 165.00 $ 39420 05/08/2024 FINANCE PAYROLL TRUST M P O A MONTHLY DUES 12/2016 350.00 $ 39421 05/08/2024 FINANCE FINANCE MADERA TRIBUNE PROFESSIONAL AUDITING SVS AD #00024558 113.75 $ 39421 05/08/2024 HR/RISK MGT HR/RISK MGT MADERA TRIBUNE JOB ADVERTISEMENT AD #00027623 68.40 $ 39421 05/08/2024 PLANNING PLANNING MADERA TRIBUNE 10 DAY CC NOTICE AD #00027614 533.00 $ 39421 05/08/2024 PLANNING PLANNING MADERA TRIBUNE 21 DAY NOI NOTICE AD #00027610 318.50 $ 39422 05/08/2024 PW ADMIN STREETS MID VALLEY DISPOSAL INC. WASTE DISPOSAL 23.21 $ 39422 05/08/2024 PW ADMIN STREET CLEANING MID VALLEY DISPOSAL INC. WASTE DISPOSAL 8,073.25 $ 39422 05/08/2024 PW ADMIN WWTP MID VALLEY DISPOSAL INC. WASTE DISPOSAL 610.99 $ 39423 05/08/2024 PD OPS MEAS K - PD MOTOROLA SOLUTIONS INC. ASTRO SUA II FIELD IMPLEMENTATION 99,040.67 $ 39424 05/08/2024 ENGINEERING AFFORDABLE HOUSING O'DELL ENGINEERING, INC. ENG DESIGN SERVICES 03/24 464.00 $ 39424 05/08/2024 PARKS PROP 68 GRANT O'DELL ENGINEERING, INC. PROP 68 - OLIVE/TAUBERT PARK 4,396.11 $ 39424 05/08/2024 PARKS ADMIN SPECIAL LEGISLATIVE GRANT O'DELL ENGINEERING, INC. LTC TRAIL & PARK IMPROVEMENTS 2,897.72 $ 39425 05/08/2024 TRANS - FIXED ROUTE TRANS - FIXED ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES - TRANSIT 19.46 $ 39426 05/08/2024 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 (62.70) $ 39426 05/08/2024 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 04/24 SERVICE 3819620697-3 77.23 $ 39426 05/08/2024 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 2,452.07 $ 39426 05/08/2024 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 04/24 SERVICE 8307681856-2 37.58 $ 39426 05/08/2024 FINANCE DRAINAGE PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 735.86 $ 39426 05/08/2024 FINANCE ENGINEERING PACIFIC GAS & ELECTRIC 04/24 SERVICE 2000655655-7 1,855.09 $ 39426 05/08/2024 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 04/24 SERVICE 6690755760-8 118.99 $ 39426 05/08/2024 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 04/24 SERVICE 1619119913-8 144.22 $ 39426 05/08/2024 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 04/24 SERVICE 3499945233-6 123.13 $ 39426 05/08/2024 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 04/24 SERVICE 7928098441-4 56.47 $ 39426 05/08/2024 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 04/24 SERVICE 3352588453-3 112.49 $ 39426 05/08/2024 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 04/24 SERVICE 1013877191-9 68.78 $ 39426 05/08/2024 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 39,876.07 $ 39426 05/08/2024 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 04/24 SERVICE 5237156686-1 44.58 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 39426 05/08/2024 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 04/24 SERVICE 4318089701-9 24.38 $ 39426 05/08/2024 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 04/24 SERVICE 8178280304-3 208.62 $ 39426 05/08/2024 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 04/24 SERVICE 3642526071-2 90.22 $ 39426 05/08/2024 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 04/24 SERVICE 7949615676-5 25.01 $ 39426 05/08/2024 FINANCE FIRE PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 7,332.76 $ 39426 05/08/2024 FINANCE FIRE PACIFIC GAS & ELECTRIC 04/24 SERVICE 273157566-4 1,925.34 $ 39426 05/08/2024 FINANCE INTERMODAL BLDG PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 936.11 $ 39426 05/08/2024 FINANCE PARKING DIST OPS PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 22.55 $ 39426 05/08/2024 FINANCE PARKS PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 7,205.48 $ 39426 05/08/2024 FINANCE SEWER OPS PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 3,185.83 $ 39426 05/08/2024 FINANCE SOLID WASTE PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 285.72 $ 39426 05/08/2024 FINANCE SR CITIZEN COMM PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 (20.88) $ 39426 05/08/2024 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 04/24 SERVICE 9109225160-1 502.05 $ 39426 05/08/2024 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 113,267.97 $ 39426 05/08/2024 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 04/24 SERVICE 9172110863-6 24,368.40 $ 39426 05/08/2024 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 04/24 SERVICE 9651992016-7 252.27 $ 39426 05/08/2024 FINANCE WWTP PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 204.39 $ 39426 05/08/2024 FINANCE ZONE 34B ACTIVITIES PACIFIC GAS & ELECTRIC 03/24 SERVICE 0443905948-8 9.85 $ 39426 05/08/2024 FINANCE ZONE 24 ACTIVITIES PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 (44.22) $ 39426 05/08/2024 FINANCE ZONE 31A ACTIVITIES PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 (132.61) $ 39426 05/08/2024 FINANCE ZONE 20B ACTIVITIES PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 (86.57) $ 39426 05/08/2024 FINANCE ZONE 27B ACTIVITIES PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 (43.17) $ 39426 05/08/2024 FINANCE ZONE 2 ACTIVITIES PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 (217.92) $ 39426 05/08/2024 FINANCE ZONE 3 ACTIVITIES PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 (177.18) $ 39426 05/08/2024 FINANCE ZONE 31B ACTIVITIES PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 (132.61) $ 39426 05/08/2024 FINANCE ZONE 4 ACTIVITIES PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 (44.63) $ 39426 05/08/2024 FINANCE ZONE 6A ACTIVITIES PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 (202.76) $ 39426 05/08/2024 FINANCE ZONE 29C ACTIVITIES PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 (42.98) $ 39426 05/08/2024 FINANCE ZONE 8 ACTIVITIES PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 (156.55) $ 39426 05/08/2024 FINANCE ZONE 16 ACTIVITIES PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 (85.21) $ 39426 05/08/2024 FINANCE ZONE 13 ACTIVITIES PACIFIC GAS & ELECTRIC 03/24 SERVICE 3533032414-2 53.80 $ 39427 05/08/2024 PD OPS SUPP LAW ENF PECK'S PRINTERY ANNUAL REPORT BOOKLETS 1,786.13 $ 39428 05/08/2024 ENGINEERING FAU CMAQ SEAL RITE PAVING ALY-01 & ALY-03 CONSTRUCTION CONTRACT 57,558.04 $ 39428 05/08/2024 ENGINEERING MEAS T - ENVIRO SEAL RITE PAVING ALY-01 & ALY-03 CONSTRUCTION CONTRACT 7,457.25 $ 39428 05/08/2024 PARKS ADMIN CCLP GRANT SEAL RITE PAVING CCLGP VERNON MCCULLOUGH RIVER TRAIL RESTORATION 131,975.40 $ 39429 05/08/2024 ENGINEERING WWTP SPARKLETTS ENGINEERING WATER 113.42 $ 39430 05/08/2024 RECREATION COMM & REC TK ELEVATOR CORPORATION 05/24 YOUTH CENTER ELEVATOR MAINTENANCE 315.17 $ 39431 05/08/2024 ENGINEERING ENGINEERING USA BLUE BOOK INSPECTOR METER BOX LIFTERS 298.56 $ 39432 05/08/2024 GRANTS INTERMODAL BLDG VILLA GARDENING SERVICE INC LAWN SERVICE - APRIL 2024 500.00 $ 39433 05/08/2024 STREETS CDBG PUB IMPR WEST COAST ARBORISTS, INC. STREETS/STORM DRAINS 621 E 5TH ST REMOVAL-CONCRET 5,400.00 $ 39434 05/08/2024 ENGINEERING WATER CAPITAL OUTLAY WEST VALLEY CONSTRUCTION CO. INC. WATER METERS 5,823.89 $ 39435 05/08/2024 FINANCE REVOLVING LOAN FUND OTP - FINANCE REPLACING MCE CHECK #1221 DATED 11/02/20 190.35 $ 39436 05/08/2024 WATER OPS WATER CONSERV OTP- REBATES FINAL TURF REPLACEMENT REBATE 6255039 1,000.00 $ 39437 05/08/2024 WATER OPS WATER CONSERV OTP- REBATES TURF REPLACEMENT REBATE (TR 23-37) 9386121 3,000.00 $ 39438 05/08/2024 WATER OPS WATER CONSERV OTP- REBATES TURF REPLACEMENT REBATE (TR 23-33) 4684226 1,500.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 39439 05/08/2024 PLANNING PLANNING BLDING/PLAN REFNDS PROJECT CANCELLED REFUND 50% OF FEES 677.50 $ 39440 05/08/2024 RECREATION GENERAL TRUST OTP- PARKS REFUNDS PAN-AM GYM DEPOSIT REIMBURSEMENT 500.00 $ 39441 05/08/2024 RECREATION GENERAL TRUST OTP- PARKS REFUNDS FRANK BERGON DEPOSIT REIMBURSEMENT 100.00 $ 39442 05/08/2024 RECREATION GENERAL TRUST OTP- PARKS REFUNDS LTC PAVILLION DEPOSIT REIMBURSEMENT 50.00 $ 39443 05/08/2024 RECREATION GENERAL TRUST OTP- PARKS REFUNDS LTC PAVILLION DEPOSIT REIMBURSEMENT 50.00 $ 39444 05/08/2024 RECREATION GENERAL TRUST OTP- PARKS REFUNDS LTC PAVILLION DEPOSIT REIMBURSEMENT 50.00 $ 39445 05/08/2024 RECREATION GENERAL TRUST OTP- PARKS REFUNDS LTC PAVILLION DEPOSIT REIMBURSEMENT 50.00 $ 39446 05/08/2024 RECREATION AQUATICS PROGRM OTP- PARKS REFUNDS SWIM LESSON #1899/1900 CANCELLATION REIMBURSE 170.00 $ 39447 05/08/2024 RECREATION GENERAL TRUST OTP- PARKS REFUNDS PAN-AM GYM DEPOSIT REIMBURSEMENT 200.00 $ 39448 05/08/2024 RECREATION SPORTS PROGRAMS OTP- PARKS REFUNDS TINY TIKES TRACK #1914 CANCELLATION REIMBURSE 50.00 $ 39449 05/08/2024 RECREATION SPORTS PROGRAMS OTP- PARKS REFUNDS BASEBALL ACTIVITY #1864 CANCELLATION REIMBURSE 60.00 $ 39450 05/08/2024 RECREATION COMM & REC OTP- PARKS REFUNDS CANCELLATION REIMBUREMENT - ROTARY YOUTH HUT 230.00 $ 39450 05/08/2024 RECREATION GENERAL TRUST OTP- PARKS REFUNDS CANCELLATION REIMBUREMENT - ROTARY YOUTH HUT 50.00 $ 39451 05/08/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9924127 152.08 $ 39452 05/08/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9892471 1,588.99 $ 39453 05/08/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9913908 118.15 $ 39454 05/08/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 5811192 3.69 $ 39455 05/14/2024 ENGINEERING FAU CMAQ MOORE TWINING ASSOCIATES, INC ALY-01/-03 TESTING DECEMBER 2023 887.51 $ 39455 05/14/2024 ENGINEERING FAU CMAQ MOORE TWINING ASSOCIATES, INC ALY-01/03 TESTING NOVEMBER 2023 1,255.00 $ 39455 05/14/2024 ENGINEERING MEAS T - ENVIRO MOORE TWINING ASSOCIATES, INC ALY-01/-03 TESTING DECEMBER 2023 1,046.74 $ 39455 05/14/2024 ENGINEERING MEAS T - ENVIRO MOORE TWINING ASSOCIATES, INC ALY-01/03 TESTING NOVEMBER 2023 1,255.00 $ 39456 05/14/2024 PD OPS MEAS K - PD KER'S GAS & LUBE, INC. 10/23 PD CAR WASHES 605.00 $ 39456 05/14/2024 PD OPS MEAS K - PD KER'S GAS & LUBE, INC. 11/23 PD CAR WASHES 455.00 $ 39457 05/14/2024 WWTP WWTP TERRAFORM POWER, LLC. SOLAR ELECTRIC UTILITIES 04/24 30,514.66 $ 39458 05/14/2024 WATER OPS WATER OPS THIRKETTLE CORPORATION 3" TEST PORT PLUG & ADAPTOR 97.65 $ 39459 05/14/2024 ENGINEERING ENGINEERING ACRO SERVICE CORPORATION TEMP SERVICES - SENIOR CIVIL ENGINEER 5,600.00 $ 39460 05/14/2024 PW ADMIN AIRPORT OPS SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 05/24 375.65 $ 39460 05/14/2024 PW ADMIN BUILDING SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 05/24 350.00 $ 39460 05/14/2024 PW ADMIN CENTRAL ADMIN SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 05/24 3,977.86 $ 39460 05/14/2024 PW ADMIN COMM & REC SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 05/24 7,667.01 $ 39460 05/14/2024 PW ADMIN ENGINEERING SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 05/24 2,731.42 $ 39460 05/14/2024 PW ADMIN FINANCE SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 05/24 237.47 $ 39460 05/14/2024 PW ADMIN INTERMODAL BLDG SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 05/24 568.33 $ 39460 05/14/2024 PW ADMIN PARKS SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 05/24 250.00 $ 39460 05/14/2024 PW ADMIN PLANNING SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 05/24 379.80 $ 39460 05/14/2024 PW ADMIN SEWER OPS SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 05/24 733.72 $ 39460 05/14/2024 PW ADMIN SOLID WASTE SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 05/24 733.72 $ 39460 05/14/2024 PW ADMIN TRANS - FIXED SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 05/24 948.94 $ 39460 05/14/2024 PW ADMIN TRANS - DAR SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 05/24 948.94 $ 39460 05/14/2024 PW ADMIN UB - GARBAGE SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 05/24 237.46 $ 39460 05/14/2024 PW ADMIN UB - SEWER SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 05/24 237.47 $ 39460 05/14/2024 PW ADMIN UB - WATER SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 05/24 474.92 $ 39460 05/14/2024 PW ADMIN WATER QUALITY CONTROL SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 05/24 237.43 $ 39460 05/14/2024 PW ADMIN WWTP SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 05/24 1,057.84 $ 39460 05/14/2024 PW ADMIN MEAS K - PD SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 05/24 636.68 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 39460 05/14/2024 PW ADMIN PD OPS SERVICEMASTER BY J&C BROWN JANITORIAL SERVICES 05/24 4,618.22 $ 39461 05/14/2024 WATER QUALITY WATER QUALITY CONTROL DAVID HEUMANN WATER TOWER SAMPLE LINE DISINFECTION 750.00 $ 39462 05/14/2024 PD OPS SUPP LAW ENF LEATHAM FAMILY, LLC PD BADGE ORDER 2,379.77 $ 39463 05/14/2024 PD OPS MEAS K - PD TIM J LAW EMPLOYMENT BACKGROUND 800.00 $ 39464 05/14/2024 GRANTS TRANS - FIXED MV TRANSPORTATION, INC. TRANSIT OPERATOR 04/24 118,758.93 $ 39464 05/14/2024 GRANTS TRANS - DAR MV TRANSPORTATION, INC. TRANSIT OPERATOR 04/24 69,708.09 $ 39465 05/14/2024 PD OPS PD OPS TRILOGY MEDWASTE WEST LLC REUSABLE TUB - MEDICAL WASTE 158.60 $ 39466 05/14/2024 PD OPS PD OPS CV FORENSIC NURSING SPECIALISTS EXAM 24M-02211 1,000.00 $ 39467 05/14/2024 PARKS PARKING DIST OPS ELITE MAINT AND TREE SERVICE GROUP 1 DOWNTOWN MAINTENANCE 05/24 509.60 $ 39467 05/14/2024 PARKS PARKS ELITE MAINT AND TREE SERVICE GROUP 2 NON-MEDIAN MAINTENANCE 05/24 5,678.40 $ 39467 05/14/2024 PARKS MEDIAN LANDS ELITE MAINT AND TREE SERVICE GROUP 3 MEDIAN MAINTENANCE 05/24 12,560.80 $ 39468 05/14/2024 PURCHASING AIRPORT OPS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 04/16/24-04/30/24 81.37 $ 39468 05/14/2024 PURCHASING ANIMAL CONTROL VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 04/16/24-04/30/24 455.05 $ 39468 05/14/2024 PURCHASING BUILDING VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 04/16/24-04/30/24 150.53 $ 39468 05/14/2024 PURCHASING CODE ENF VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 04/16/24-04/30/24 610.97 $ 39468 05/14/2024 PURCHASING DRAINAGE VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 04/16/24-04/30/24 720.33 $ 39468 05/14/2024 PURCHASING ENGINEERING VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 04/16/24-04/30/24 114.31 $ 39468 05/14/2024 PURCHASING FACILITIES MAINT VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 04/16/24-04/30/24 381.64 $ 39468 05/14/2024 PURCHASING FLEET MAINT VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 04/16/24-04/30/24 139.64 $ 39468 05/14/2024 PURCHASING FLEET MOTOR POOL VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 04/16/24-04/30/24 94.41 $ 39468 05/14/2024 PURCHASING GRAFFITI ABATE VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 04/16/24-04/30/24 1,095.84 $ 39468 05/14/2024 PURCHASING LMD SERVICES VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 04/16/24-04/30/24 800.59 $ 39468 05/14/2024 PURCHASING PARKS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 04/16/24-04/30/24 2,596.94 $ 39468 05/14/2024 PURCHASING STREETS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 04/16/24-04/30/24 2,653.18 $ 39468 05/14/2024 PURCHASING SEWER OPS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 04/16/24-04/30/24 1,463.75 $ 39468 05/14/2024 PURCHASING STREET CLEANING VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 04/16/24-04/30/24 1,927.56 $ 39468 05/14/2024 PURCHASING TRANS - FIXED VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 04/16/24-04/30/24 4,617.69 $ 39468 05/14/2024 PURCHASING TRANS - DAR VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 04/16/24-04/30/24 4,201.43 $ 39468 05/14/2024 PURCHASING WATER OPS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 04/16/24-04/30/24 2,484.53 $ 39468 05/14/2024 PURCHASING WATER QUALITY CONTROL VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 04/16/24-04/30/24 760.37 $ 39468 05/14/2024 PURCHASING WWTP VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 04/16/24-04/30/24 139.55 $ 39468 05/14/2024 PURCHASING PD OPS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 04/16/24-04/30/24 10,028.70 $ 39468 05/14/2024 WWTP WWTP VAN DE POL ENTERPRISES, INC. PROPANE - WWTP 2,540.82 $ 39469 05/14/2024 HR/RISK MGT HR/RISK MGT SIJ HOLDINGS LLC RECRUITMENT ADS 2,736.50 $ 39470 05/14/2024 PD OPS PD OPS LAW DOG K9 APRIL 2024 K9 VENDOR TRAINING 900.00 $ 39471 05/14/2024 PD OPS PD OPS CINTAS CORPORATION MEDICAL SUPPLIES 224.37 $ 39472 05/14/2024 FIRE MEAS K - FIRE BURTON'S FIRE, INC WINDOW SWITCH 134.95 $ 39473 05/14/2024 WATER QUALITY WATER QUALITY CONTROL DELLAVALLE LABORATORY,INC. WEEKLY SAMPLING 1,728.00 $ 39474 05/14/2024 FINANCE AQUATICS PROGRM AT&T 04/24 CALNET 3 SERVICE 9391026397 27.44 $ 39474 05/14/2024 FINANCE BUILDING AT&T 04/24 CALNET 3 SERVICE 9391031559 18.67 $ 39474 05/14/2024 FINANCE BUILDING AT&T 04/24 CALNET 3 SERVICE 9391026407 28.97 $ 39474 05/14/2024 FINANCE BUILDING AT&T 04/24 CALNET 3 SERVICE 9391031577 28.82 $ 39474 05/14/2024 FINANCE BUILDING AT&T 04/24 CALNET 3 SERVICE 9391026390 60.41 $ 39474 05/14/2024 FINANCE CITY ATTORNEY AT&T 04/24 CALNET 3 SERVICE 9391031559 7.00 $ 39474 05/14/2024 FINANCE CITY ATTORNEY AT&T 04/24 CALNET 3 SERVICE 9391031577 8.22 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 39474 05/14/2024 FINANCE CITY ATTORNEY AT&T 04/24 CALNET 3 SERVICE 9391026390 17.23 $ 39474 05/14/2024 FINANCE CITY ATTORNEY AT&T 04/24 CALNET 3 SERVICE 9391026388 58.08 $ 39474 05/14/2024 FINANCE CITY CLERK AT&T 04/24 CALNET 3 SERVICE 9391031559 4.67 $ 39474 05/14/2024 FINANCE CITY CLERK AT&T 04/24 CALNET 3 SERVICE 9391031577 8.22 $ 39474 05/14/2024 FINANCE CITY CLERK AT&T 04/24 CALNET 3 SERVICE 9391026390 17.23 $ 39474 05/14/2024 FINANCE CODE ENF AT&T 04/24 CALNET 3 SERVICE 9391026413 57.50 $ 39474 05/14/2024 FINANCE COMM & REC AT&T 04/24 CALNET 3 SERVICE 9391026391 300.32 $ 39474 05/14/2024 FINANCE COMM & REC AT&T 04/24 CALNET 3 SERVICE 9391026392 58.00 $ 39474 05/14/2024 FINANCE COMPUTER MAINT AT&T 04/24 CALNET 3 SERVICE 9391031559 2.33 $ 39474 05/14/2024 FINANCE COMPUTER MAINT AT&T 04/24 CALNET 3 SERVICE 9391031577 16.47 $ 39474 05/14/2024 FINANCE COMPUTER MAINT AT&T 04/24 CALNET 3 SERVICE 9391026390 34.51 $ 39474 05/14/2024 FINANCE ENGINEERING AT&T 04/24 CALNET 3 SERVICE 9391031559 35.00 $ 39474 05/14/2024 FINANCE ENGINEERING AT&T 04/24 CALNET 3 SERVICE 9391031577 57.65 $ 39474 05/14/2024 FINANCE ENGINEERING AT&T 04/24 CALNET 3 SERVICE 9391026390 120.83 $ 39474 05/14/2024 FINANCE FACILITIES MAINT AT&T 04/24 CALNET 3 SERVICE 9391026394 26.12 $ 39474 05/14/2024 FINANCE FACILITIES MAINT AT&T 04/24 CALNET 3 SERVICE 9391031564 13.72 $ 39474 05/14/2024 FINANCE FINANCE AT&T 04/24 CALNET 3 SERVICE 9391031559 23.33 $ 39474 05/14/2024 FINANCE FINANCE AT&T 04/24 CALNET 3 SERVICE 9391031577 45.29 $ 39474 05/14/2024 FINANCE FINANCE AT&T 04/24 CALNET 3 SERVICE 9391026390 94.93 $ 39474 05/14/2024 FINANCE FIRE AT&T 04/24 CALNET 3 SERVICE 9391026402 28.97 $ 39474 05/14/2024 FINANCE FLEET MAINT AT&T 04/24 CALNET 3 SERVICE 9391026394 17.45 $ 39474 05/14/2024 FINANCE FLEET MAINT AT&T 04/24 CALNET 3 SERVICE 9391031564 9.15 $ 39474 05/14/2024 FINANCE GRANT OVERSIGHT AT&T 04/24 CALNET 3 SERVICE 9391031559 11.67 $ 39474 05/14/2024 FINANCE GRANT OVERSIGHT AT&T 04/24 CALNET 3 SERVICE 9391031577 16.47 $ 39474 05/14/2024 FINANCE GRANT OVERSIGHT AT&T 04/24 CALNET 3 SERVICE 9391026390 34.51 $ 39474 05/14/2024 FINANCE HR/RISK MGT AT&T 04/24 CALNET 3 SERVICE 9391031559 7.00 $ 39474 05/14/2024 FINANCE HR/RISK MGT AT&T 04/24 CALNET 3 SERVICE 9391031577 12.33 $ 39474 05/14/2024 FINANCE HR/RISK MGT AT&T 04/24 CALNET 3 SERVICE 9391026390 25.84 $ 39474 05/14/2024 FINANCE PLANNING AT&T 04/24 CALNET 3 SERVICE 9391031559 11.67 $ 39474 05/14/2024 FINANCE PLANNING AT&T 04/24 CALNET 3 SERVICE 9391031577 20.58 $ 39474 05/14/2024 FINANCE PLANNING AT&T 04/24 CALNET 3 SERVICE 9391026390 43.13 $ 39474 05/14/2024 FINANCE STREETS AT&T 04/24 CALNET 3 SERVICE 9391026394 43.57 $ 39474 05/14/2024 FINANCE STREETS AT&T 04/24 CALNET 3 SERVICE 9391031564 22.88 $ 39474 05/14/2024 FINANCE SEWER OPS AT&T 04/24 CALNET 3 SERVICE 9391026394 30.48 $ 39474 05/14/2024 FINANCE SEWER OPS AT&T 04/24 CALNET 3 SERVICE 9391031564 16.01 $ 39474 05/14/2024 FINANCE SOLID WASTE AT&T 04/24 CALNET 3 SERVICE 9391026394 34.82 $ 39474 05/14/2024 FINANCE SOLID WASTE AT&T 04/24 CALNET 3 SERVICE 9391031564 18.32 $ 39474 05/14/2024 FINANCE SR CITIZEN COMM AT&T 04/24 CALNET 3 SERVICE 9391026395 29.00 $ 39474 05/14/2024 FINANCE SR CITIZEN COMM AT&T 04/24 CALNET 3 SERVICE 9391026389 29.00 $ 39474 05/14/2024 FINANCE UB - GARBAGE AT&T 04/24 CALNET 3 SERVICE 9391026394 8.71 $ 39474 05/14/2024 FINANCE UB - GARBAGE AT&T 04/24 CALNET 3 SERVICE 9391031559 6.22 $ 39474 05/14/2024 FINANCE UB - GARBAGE AT&T 04/24 CALNET 3 SERVICE 9391031577 13.36 $ 39474 05/14/2024 FINANCE UB - GARBAGE AT&T 04/24 CALNET 3 SERVICE 9391026390 28.05 $ 39474 05/14/2024 FINANCE UB - GARBAGE AT&T 04/24 CALNET 3 SERVICE 9391031564 4.57 $ 39474 05/14/2024 FINANCE UB - SEWER AT&T 04/24 CALNET 3 SERVICE 9391026394 8.71 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 39474 05/14/2024 FINANCE UB - SEWER AT&T 04/24 CALNET 3 SERVICE 9391031559 6.22 $ 39474 05/14/2024 FINANCE UB - SEWER AT&T 04/24 CALNET 3 SERVICE 9391031577 13.38 $ 39474 05/14/2024 FINANCE UB - SEWER AT&T 04/24 CALNET 3 SERVICE 9391026390 28.04 $ 39474 05/14/2024 FINANCE UB - SEWER AT&T 04/24 CALNET 3 SERVICE 9391031564 4.57 $ 39474 05/14/2024 FINANCE UB - WATER AT&T 04/24 CALNET 3 SERVICE 9391026394 17.45 $ 39474 05/14/2024 FINANCE UB - WATER AT&T 04/24 CALNET 3 SERVICE 9391031559 12.44 $ 39474 05/14/2024 FINANCE UB - WATER AT&T 04/24 CALNET 3 SERVICE 9391031577 26.81 $ 39474 05/14/2024 FINANCE UB - WATER AT&T 04/24 CALNET 3 SERVICE 9391026390 56.19 $ 39474 05/14/2024 FINANCE UB - WATER AT&T 04/24 CALNET 3 SERVICE 9391031564 9.16 $ 39474 05/14/2024 FINANCE UB - WATER AT&T 04/24 CALNET 3 SERVICE 9391026393 85.45 $ 39474 05/14/2024 FINANCE WATER OPS AT&T 04/24 CALNET 3 SERVICE 9391026394 39.19 $ 39474 05/14/2024 FINANCE WATER OPS AT&T 04/24 CALNET 3 SERVICE 9391031564 20.58 $ 39474 05/14/2024 FINANCE WATER QUALITY CONTROL AT&T 04/24 CALNET 3 SERVICE 9391026394 17.45 $ 39474 05/14/2024 FINANCE WATER QUALITY CONTROL AT&T 04/24 CALNET 3 SERVICE 9391031564 9.15 $ 39474 05/14/2024 FINANCE WWTP AT&T 04/24 CALNET 3 SERVICE 9391026394 26.12 $ 39474 05/14/2024 FINANCE WWTP AT&T 04/24 CALNET 3 SERVICE 9391031564 13.72 $ 39474 05/14/2024 FINANCE CITY MANAGER AT&T 04/24 CALNET 3 SERVICE 9391031559 9.33 $ 39474 05/14/2024 FINANCE CITY MANAGER AT&T 04/24 CALNET 3 SERVICE 9391031577 8.22 $ 39474 05/14/2024 FINANCE CITY MANAGER AT&T 04/24 CALNET 3 SERVICE 9391026390 17.23 $ 39474 05/14/2024 FINANCE PURCHASING AT&T 04/24 CALNET 3 SERVICE 9391026394 26.12 $ 39474 05/14/2024 FINANCE PURCHASING AT&T 04/24 CALNET 3 SERVICE 9391031564 13.72 $ 39474 05/14/2024 FINANCE PD OPS AT&T 04/24 CALNET 3 SERVICE 9391026411 167.27 $ 39474 05/14/2024 FINANCE PD OPS AT&T 04/24 CALNET 3 SERVICE 9391031579 274.26 $ 39474 05/14/2024 FINANCE PD OPS AT&T 04/24 CALNET 3 SERVICE 9391031561 155.55 $ 39474 05/14/2024 PD OPS PD OPS AT&T 04/24 CALNET 3 SERVICE 9391031566 155.55 $ 39474 05/14/2024 PD OPS PD OPS AT&T 04/24 CALNET 3 SERVICE 9391031578 177.48 $ 39475 05/14/2024 PD OPS PD OPS AT&T 04/24 FIRSTNET SVS 287302965625 6,313.97 $ 39476 05/14/2024 PD OPS PD OPS ANAYA, CHRIS TUITION REIMBURSEMENT 459.00 $ 39477 05/14/2024 WWTP WWTP BSK ASSOCIATES PERMIT COMPLIANCE LAB 2,340.50 $ 39478 05/14/2024 PARKS PARKS BSN SPORTS 3" CLASSIC ALUMAGOAL 4,538.24 $ 39479 05/14/2024 HR/RISK MGT HR/RISK MGT CA DEPARTMENT OF JUSTICE 04/24 PRE-EMPLOYMENT SERVICES 111.00 $ 39479 05/14/2024 PD OPS PD OPS CA DEPARTMENT OF JUSTICE 01/24 BLOOD ALCOHOL ANALYSIS 1,155.00 $ 39480 05/14/2024 ENGINEERING ENGINEERING CHICAGO TITLE COMPANY TITLE REPORTS FOR 620 CLINTON ST 500.00 $ 39480 05/14/2024 ENGINEERING AFFORDABLE HOUSING CHICAGO TITLE COMPANY TITLE REPORTS FOR 514 CLINTON ST 500.00 $ 39480 05/14/2024 ENGINEERING AFFORDABLE HOUSING CHICAGO TITLE COMPANY TITLE REPORTS FOR 349 SOUTH C ST 500.00 $ 39480 05/14/2024 ENGINEERING AFFORDABLE HOUSING CHICAGO TITLE COMPANY TITLE REPORTS FOR 1936 W 3RD ST 500.00 $ 39480 05/14/2024 ENGINEERING AFFORDABLE HOUSING CHICAGO TITLE COMPANY TITLE REPORTS FOR 200 COMMERCE DR 750.00 $ 39481 05/14/2024 HR/RISK MGT HR/RISK MGT CPS HR CONSULTING CONTRACTED SERVICES/BILINGUAL EXAM 459.25 $ 39482 05/14/2024 FIRE FIRE DEPARTMENT OF FORESTRY AND FIRE Q3 ACTUAL BILLING FOR CITY CONTRACT FY 23/24 1,061,106.39 $ 39482 05/14/2024 FIRE MEAS K - FIRE DEPARTMENT OF FORESTRY AND FIRE Q3 ACTUAL BILLING FOR CITY CONTRACT FY 23/24 530,553.19 $ 39483 05/14/2024 FIRE MEAS K - FIRE DIAMOND COMMUNICATIONS 06/24 ALARM MONITORING 2558 CONDOR DR 35.00 $ 39483 05/14/2024 GRANTS INTERMODAL BLDG DIAMOND COMMUNICATIONS 06/24 TRANSIT CENTER FIRE ALARM 80.00 $ 39483 05/14/2024 WATER OPS COMPUTER MAINT DIAMOND COMMUNICATIONS 06/24 SECURITY ALARM MONITORING - PW 32.50 $ 39483 05/14/2024 WATER OPS FACILITIES MAINT DIAMOND COMMUNICATIONS 06/24 SECURITY ALARM MONITORING - PW 73.12 $ 39483 05/14/2024 WATER OPS FLEET MAINT DIAMOND COMMUNICATIONS 06/24 SECURITY ALARM MONITORING - PW 47.50 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 39483 05/14/2024 WATER OPS PARKS DIAMOND COMMUNICATIONS 06/24 SECURITY ALARM MONITORING - PW 32.50 $ 39483 05/14/2024 WATER OPS STREETS DIAMOND COMMUNICATIONS 06/24 SECURITY ALARM MONITORING - PW 73.12 $ 39483 05/14/2024 WATER OPS SEWER OPS DIAMOND COMMUNICATIONS 06/24 SECURITY ALARM MONITORING - PW 73.13 $ 39483 05/14/2024 WATER OPS WATER OPS DIAMOND COMMUNICATIONS 06/24 SECURITY ALARM MONITORING - PW 73.13 $ 39483 05/14/2024 COMM & REC CENTERS COMM & REC DIAMOND COMMUNICATIONS 06/24 PAC FIRE ALARM MONITORING 36.00 $ 39484 05/14/2024 GRANTS INTERMODAL BLDG GUARDIAN WESTERN SWEEPING INC. 05/24 POWER SWEEPING 402.50 $ 39484 05/14/2024 GRANTS PARKING DIST OPS GUARDIAN WESTERN SWEEPING INC. 05/24 POWER SWEEPING 402.50 $ 39485 05/14/2024 FACILITIES FACILITIES MAINT JAM SERVICES INC STREET LIGHTS - 48 WATT 4,546.50 $ 39486 05/14/2024 GRANTS INTERMODAL BLDG CITY OF MADERA 05/24 UTILITY SERVICES 3040421-500276 49.39 $ 39486 05/14/2024 GRANTS INTERMODAL BLDG CITY OF MADERA 05/24 UTILITY SERVICES 3040441-500276 64.08 $ 39486 05/14/2024 GRANTS INTERMODAL BLDG CITY OF MADERA 05/24 UTILITY SERVICES 3040431-500276 89.87 $ 39486 05/14/2024 UB - WATER WATER CONSERV CITY OF MADERA MULCH REBATE 9919593 20.00 $ 39486 05/14/2024 UB - WATER WATER CONSERV CITY OF MADERA SMART IRRIGATION CONTROLLER REBATE 9920790 135.00 $ 39486 05/14/2024 UB - WATER WATER CONSERV CITY OF MADERA TOILET REBATE 3533071 100.00 $ 39486 05/14/2024 UB - WATER WATER CONSERV CITY OF MADERA MULCH REBATE 9919479 62.50 $ 39486 05/14/2024 UB - WATER WATER CONSERV CITY OF MADERA CLOTHES WASHER REBATE 9925851 200.00 $ 39487 05/14/2024 UB - WATER PD OPS MADERA COUNTY TREASURER COUNTY'S PORTION OF PARKING PENALTIES PAID 03/24 175.50 $ 39488 05/14/2024 GRANTS PERMANENT LOCAL HOUSING ALLOCT MADERA RESCUE MISSION, INC. PLHA 1ST INVOICE APRIL 2024 10,662.24 $ 39489 05/14/2024 PD OPS MEAS K - PD MADERA UNIFORM & ACCESSORIES ACCESSORIES - PER SGT BUSHEY 1,321.68 $ 39489 05/14/2024 PD OPS MEAS K - PD MADERA UNIFORM & ACCESSORIES TAPER GROMMET & BATON HOLDERS - PER BUSHEY 78.64 $ 39489 05/14/2024 PD OPS MEAS K - PD MADERA UNIFORM & ACCESSORIES UNIFORM ACCESSORIES - SAAVEDRA 909.02 $ 39489 05/14/2024 PD OPS MEAS K - PD MADERA UNIFORM & ACCESSORIES BELT KEEPERS, DUTY BELTS, INNER BELT HOOKS 327.51 $ 39489 05/14/2024 PD OPS PD OPS MADERA UNIFORM & ACCESSORIES UNIFORM ACCESSORIES - MAO 909.02 $ 39490 05/14/2024 RECREATION AQUATICS PROGRM MAMMOTH OXYGEN CO2 RENTAL FOR POOL 108.00 $ 39491 05/14/2024 PD OPS MEAS K - PD MOTOROLA SOLUTIONS INC. V300 JACKET CLIP MOUNT 1,710.35 $ 39492 05/14/2024 PD OPS SUPP LAW ENF NAPA MADERA MOTOR PARTS UNIV COUPLER LOCK 36.87 $ 39493 05/14/2024 FINANCE FINANCE NICHOLS CONSULTING ENGINEERS, CHTD. STATE MANDATED COST CONSULTING SERVICES 3,500.00 $ 39494 05/14/2024 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 04/24 SERVICE 9920095153-3 53.11 $ 39494 05/14/2024 FINANCE CENTRAL ADMIN PACIFIC GAS & ELECTRIC 04/24 SERVICE 9920095153-3 370.15 $ 39494 05/14/2024 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 04/24 SERVICE 9920095153-3 784.48 $ 39494 05/14/2024 FINANCE DRAINAGE PACIFIC GAS & ELECTRIC 04/24 SERVICE 9920095153-3 960.93 $ 39494 05/14/2024 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 04/24 SERVICE 1715785853-5 1,438.05 $ 39494 05/14/2024 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 04/24 SERVICE 5225647713-5 14.29 $ 39494 05/14/2024 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 04/24 SERVICE 1598348280-1 88.96 $ 39494 05/14/2024 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 04/24 SERVICE 9920095153-3 6,816.65 $ 39494 05/14/2024 FINANCE FIRE PACIFIC GAS & ELECTRIC 04/24 SERVICE 9920095153-3 243.87 $ 39494 05/14/2024 FINANCE PARKING DIST OPS PACIFIC GAS & ELECTRIC 04/24 SERVICE 9920095153-3 (242.85) $ 39494 05/14/2024 FINANCE PARKS PACIFIC GAS & ELECTRIC 04/24 SERVICE 9920095153-3 23.34 $ 39494 05/14/2024 FINANCE RECREATION PACIFIC GAS & ELECTRIC 04/24 SERVICE 9920095153-3 36.28 $ 39494 05/14/2024 FINANCE SEWER OPS PACIFIC GAS & ELECTRIC 04/24 SERVICE 9920095153-3 157.32 $ 39494 05/14/2024 FINANCE SOLID WASTE PACIFIC GAS & ELECTRIC 04/24 SERVICE 9920095153-3 105.38 $ 39494 05/14/2024 FINANCE SR CITIZEN COMM PACIFIC GAS & ELECTRIC 04/24 SERVICE 9920095153-3 8.65 $ 39494 05/14/2024 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 04/24 SERVICE 9920095153-3 20,982.21 $ 39494 05/14/2024 FINANCE ZONE 24 ACTIVITIES PACIFIC GAS & ELECTRIC 04/24 SERVICE 9920095153-3 (28.67) $ 39494 05/14/2024 FINANCE ZONE 26 ACTIVITIES PACIFIC GAS & ELECTRIC 04/24 SERVICE 9920095153-3 (44.66) $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 39494 05/14/2024 FINANCE ZONE 31A ACTIVITIES PACIFIC GAS & ELECTRIC 04/24 SERVICE 9920095153-3 (89.30) $ 39494 05/14/2024 FINANCE PD OPS PACIFIC GAS & ELECTRIC 04/24 SERVICE 9920095153-3 3,653.67 $ 39495 05/14/2024 UB - WATER FINANCE PHOENIX GROUP INFO SYS CITATIONS 03/24 214.10 $ 39495 05/14/2024 UB - WATER PARKING DIST OPS PHOENIX GROUP INFO SYS CITATIONS 03/24 96.20 $ 39496 05/14/2024 WWTP WWTP SPARKLETTS WWTP - LAB & DRINKING WATER 138.44 $ 39497 05/14/2024 FINANCE PAYROLL TRUST STATE OF CALIFORNIA FRANCHISE TAX DEDUCTIONS FOR 05/10/24 PAYROLL 114.63 $ 39498 05/14/2024 PD OPS PD OPS TRANSUNION RISK & ALTERNATIVE DATA SOL. DATABASE ACCESS 04/24 213.40 $ 39499 05/14/2024 ENGINEERING ENGINEERING OTP - FINANCE REIMBURSEMENT FOR COSTS OBATINING A P.E. LICENSE 836.50 $ 39500 05/14/2024 WATER OPS WATER CONSERV OTP- REBATES TURF REPLACEMENT REBATE (TR 23-52) 9913258 3,000.00 $ 39501 05/14/2024 WATER OPS WATER CONSERV OTP- REBATES TURF REPLACEMENT REBATE (TR 23-25) 9901126 2,717.25 $ 39502 05/14/2024 WATER OPS WATER CONSERV OTP- REBATES TURF REPLACEMENT REBATE (TR 23-54) 9895212 2,000.00 $ 39503 05/14/2024 RECREATION GENERAL TRUST OTP- PARKS REFUNDS DEPOSIT REFUND - ROTARY YOUTH HUT 05.04.24 50.00 $ 39504 05/14/2024 RECREATION GENERAL TRUST OTP- PARKS REFUNDS DEPOSIT REFUND - LTC PAVILLION 03.02.24 50.00 $ 39505 05/14/2024 RECREATION GENERAL TRUST OTP- PARKS REFUNDS DEPOSIT REFUND - MSR SOCCER FIELD 5 04.20.24 50.00 $ 39506 05/14/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM 3701004 261.37 $ 39507 05/14/2024 UB - WATER WATER FUND OTP- UB REFUNDS DEPOSIT FROM MAIS TO MUNIS - 9922530-511712 156.80 $ 39508 05/14/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM 9894786 132.39 $ 39509 05/14/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM 9925381 133.40 $ 39510 05/14/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM 9910909 116.54 $ 39511 05/16/2024 PLANNING PLANNING MICHAEL BAKER INTERNATIONAL, INC. CONSULTING SERVICES - HOUSING ELEMENT 38,230.00 $ 39512 05/23/2024 FACILITIES CENTRAL ADMIN PRESTIGE CUSTOM GLASS REPLACE DOOR - CH 5,972.94 $ 39513 05/23/2024 ENGINEERING WATER OPS DAVIDS ENGINEERING, INC. PROFESSIONAL SERVICES 1,433.93 $ 39514 05/23/2024 HR/RISK MGT HR/RISK MGT ALLIANT INSURANCE SERVICES, INC. CONSULTING SERVICES - HEALTH AND WELFARE BENEFITS 3,750.00 $ 39515 05/23/2024 ENGINEERING RSTP - FED EX THE MADERA MAIL DROP PLOTTER PRINTING 140.24 $ 39515 05/23/2024 ENGINEERING SEWER CAPITAL OUTLAY THE MADERA MAIL DROP PLOTTER PRINTING 296.24 $ 39516 05/23/2024 HR/RISK MGT PD OPS SARAH SARQUIZ TUITION REIMBURSEMENT 675.00 $ 39517 05/23/2024 ENGINEERING SEWER CAPITAL OUTLAY AECOM TECHNICAL SERVICES, INC. SS-06 ONCALL FAIRGROUND LIFT STATION MODIFICATION 45,390.75 $ 39518 05/23/2024 ENGINEERING WATER CAPITAL OUTLAY AM CONSULTING ENGINEERS, INC. ON-CALL W-03 & W-04 WATER MAIN UPGRADES 4,460.00 $ 39519 05/23/2024 ENGINEERING SEWER CAPITAL OUTLAY BLAIR CHURCH & FLYNN PROFESSIONAL ENGINEERING SVS 988.22 $ 39520 05/23/2024 HR/RISK MGT CITY MANAGER BLUE SHIELD OF CALIFORNIA CITY PAID RETIREE RX BILL PREMIUM UPDATE 95.40 $ 39521 05/23/2024 HR/RISK MGT CITY MANAGER BLUE SHIELD OF CALIFORNIA CITY PAID RETIREE MEDICAL BILL PREMIUM UPDATE 177.00 $ 39522 05/23/2024 FINANCE PD OPS COMCAST 05/24 SVS 8155500320092096 197.02 $ 39523 05/23/2024 FINANCE INTERMODAL BLDG CITY OF MADERA QUARTERLY PARKING ASSESSMENT 34.25 $ 39523 05/23/2024 FINANCE ZONE 43A ACTIVITIES CITY OF MADERA 23/24 LANDSCAPE MAINTENANCE 532.32 $ 39523 05/23/2024 FINANCE SUCCESSOR AGENCY ADMIN CITY OF MADERA QUARTERLY PARKING ASSESSMENT 113.69 $ 39523 05/23/2024 FINANCE ZONE 51 ACTIVITIES CITY OF MADERA 23/24 LANDSCAPE MAINTENANCE 2,210.40 $ 39523 05/23/2024 FINANCE ZONE 1 ACTIVITIES CITY OF MADERA 23/24 LANDSCAPE MAINTENANCE 314.99 $ 39524 05/23/2024 GRANTS PERMANENT LOCAL HOUSING ALLOCT MADERA RESCUE MISSION, INC. PLHA 1ST INVOICE APRIL 2024 1,372.00 $ 39525 05/23/2024 ENGINEERING RSTP - FED EX MADERA TRIBUNE REQUEST FOR BID - R-10 891.00 $ 39525 05/23/2024 ENGINEERING SEWER CAPITAL OUTLAY MADERA TRIBUNE REQUEST FOR BID - SS-14 880.00 $ 39526 05/23/2024 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 04/24 SERVICE 9787342989-4 166.42 $ 39526 05/23/2024 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 04/24 SERVICE 5207933925-6 68.05 $ 39526 05/23/2024 FINANCE PARKS PACIFIC GAS & ELECTRIC 04/24 SERVICE 8675479583-8 50.12 $ 39527 05/23/2024 ENGINEERING WATER CAPITAL OUTLAY PROVOST & PRITCHARD CONSULTING ON-CALL W-39, W-40, & W-41 WATER MAIN REPLACEMENT 7,725.40 $ 39528 05/23/2024 WWTP WWTP SYNAGRO WEST, INC. BIOSOLIDS DISPOSAL 52,106.34 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 39529 05/23/2024 FINANCE WATER FUND AR REFUNDS DEPOSIT REFUND - METER 26 1,700.00 $ 39530 05/23/2024 FINANCE WATER FUND AR REFUNDS DEPOSIT REFUND - METER 3 1,700.00 $ 39531 05/23/2024 FINANCE WATER FUND AR REFUNDS DEPOSIT REFUND - METER 26 1,700.00 $ 39532 05/23/2024 FINANCE WATER FUND AR REFUNDS DEPOSIT REFUND - METER 5 1,700.00 $ 39533 05/23/2024 FINANCE WATER FUND AR REFUNDS DEPOSIT REFUND - METER 25 1,700.00 $ 39534 05/23/2024 PARKS ADMIN GENERAL TRUST OTP- PARKS REFUNDS CANCELLATION REIMBUREMENT 50.00 $ 39534 05/23/2024 PARKS ADMIN PARKS OTP- PARKS REFUNDS CANCELLATION REIMBUREMENT 140.00 $ 39535 05/23/2024 PARKS ADMIN GENERAL TRUST OTP- PARKS REFUNDS CANCELLATION REIMBUREMENT 50.00 $ 39535 05/23/2024 PARKS ADMIN PARKS OTP- PARKS REFUNDS CANCELLATION REIMBUREMENT 115.00 $ 474 05/06/2024 HR/RISK MGT CITY CLERK EMPLOYEE BENEFIT SPECIALISTS, INC. BENEFIT PREMIUMS 05/24 966.00 $ 474 05/06/2024 HR/RISK MGT PAYROLL TRUST EMPLOYEE BENEFIT SPECIALISTS, INC. BENEFIT PREMIUMS 05/24 420,074.26 $ 474 05/06/2024 HR/RISK MGT PD OPS EMPLOYEE BENEFIT SPECIALISTS, INC. BENEFIT PREMIUMS 05/24 1,566.00 $ 475 05/07/2024 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 05/07/2024 416.79 $ 476 05/10/2024 FINANCE PAYROLL TRUST MISSION SQUARE - 302351 PLAN #302351 CONTRIBS FOR 05/07/24 PAYROLL 30,632.41 $ 477 05/13/2024 FINANCE PAYROLL TRUST NPC-ORCHARD TRUST COMPANY PLAN #340227-01 FOR 05/13/2024 13,801.84 $ 478 05/13/2024 FINANCE PAYROLL TRUST NPC-ORCHARD TRUST COMPANY PLAN #340227-02 FOR 05/13/2024 2,879.54 $ 479 05/14/2024 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 05/14/2024 598.78 $ 480 05/15/2024 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 05/15/2024 655.08 $ BANK #1 - US BANK GENERAL ACCOUNT TOTAL $ 3,384,389.74

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: June 5, 2024
_________________________________ Agenda Number: B-3
Arnoldo Rodriguez, City Manager
SUBJECT:

Informational Report on Contract City Attorney Services and Litigation Expenditures RECOMMENDATION:

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

SUMMARY:

The purpose of this report is to provide the Council an informational monthly update on expenditures for contract City Attorney services, as well as specialized legal representation in various matters of litigation.

DISCUSSION:

The following information summarizes billings paid for services formerly performed by the City’s City Attorney. The information presented encompasses the invoices received from Aleshire & Wynder, LLP for the months of March 2024 and April 2024, as well as tracking of the Fiscal Year (FY) 2023/24 invoices received through a FY 2023/24 Year-to-Date (YTD) column.

Should the Council desire additional information or modifications to the format in future iterations of this report, please advise accordingly.

Firm: Aleshire & Wynder, LLP (City Attorney Services and Litigation) Billing Periods: March 2024 and April 2024
Matter Charges
March 2024 April 2024 FY 2023/2024 (YTD)
General Legal Review/Advice $10,743.00 $7,187.50 $109,224.14 City Clerk $0 $0 $117.50
Attendance at Council Meetings &
Requests for Information/Research $0 $0 $2,702.50
City Manager $0 $0 $0
Review and Advice on Agreements $0 $0.00 $1,010.50
Planning $5,750.00 $7,489.00 $36,028.50
Planning Commission $0 $0 $0.00
Finance $1,972.00 $377.00 $9,724.00
Successor Agency $0 $0 $75.00
Public Works/Engineering $2,900.00 $975.00 $22,490.50
Police Department - General $800.00 $1,350 $7,506.00
Economic Development $0 $0 $0
Personnel/Payroll $0 $0 $313.50
Municipal Code
Enforcement/Updates $575.00 $0 $6,070.33
Wastewater $625.00 $0 $1,316.00
Water $100.00 $450.00 $2,290.00
Ordinances $0 $0 $235.00
Special Projects (Montoy) $0 $0 $3,715.00
Housing $0 $0 $269.50
Cannabis $0 $0 $11,117.50
Total Advisory Services $23,465.00 $17,828.50 $214,205.47 Litigation Services
Total Litigation Services $7,656.00 $15,979.00 $47,689.03 Discounted Hours $0 $0 - ($2.35)
Travel/Lodging Expenses $0 $0 $0
Shipping $0 $0 $$0
Total Advisory & Litigation Services $31,121.00 $33,807.50 $261,892.15 FINANCIAL IMPACT:

For FY 2023/24, expenditures for invoices related to legal fees total $261,892.15. This represents expenditures for specific City Attorney services. A summary of invoices received to date are summarized per the following table.

Legal Invoices FY 2023/24 YTD
City Attorney Advisory Services
Montoy Law Corporation $26,159.50
Aleshire and Wynder $188,045.97
Litigation Services (Including discounted hours, travel & shipping) Montoy Law Corporation $4,094.50
Aleshire and Wynder $43,592.18
Total City Attorney and Litigation Services YTD $261,892.15 ALTERNATIVES:

This report is for informational purposes only.

ATTACHMENTS:

None

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: June 5, 2024
Agenda Number: B-4
Wendy Silva, Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Update to Administrative Policy 45: Injury and Illness Prevention Program to include the Workplace Violence Prevention Plan
RECOMMENDATION:

Adopt a resolution:

1. Approving revisions to Administrative Policy (AP) No. 45: Injury and Illness Prevention Program (IIPP) to add AP 45.2: Workplace Violence Prevention Plan in compliance with Cal/OSHA Requirements under California Senate Bill (SB) 553; and

2. Rescinding Administrative Policy 32: Safety in the Workplace – Prohibition of Weapons & Threats of Violence
SUMMARY:

On September 30, 2023, Governor Newsom signed into law SB 553 which requires most California employers to implement a Workplace Violence Prevention Plan (WVPP) either within or alongside an existing IIPP (Title 8 C.C.R. Section 3203). The City proposes implementing the WVPP by adding AP 45.2 – Workplace Violence Prevention Plan as an additional sub-policy to the Citywide IIPP, similar to when the City implemented the Covid Prevention Plan (AP 45.1). The City is required to implement and train all employees on the WVPP by July 1, 2024, and continue annual training thereafter.

The City already has a zero tolerance policy regarding weapons and threats of violence at work, captured in AP 32: Safety in the Workplace – Prohibition of Weapons and Threats of Violence.

However, the existing policy is separate of the IIPP and does not have all of the specific documentation requirements of SB 553. The requested action seeks to adopt the proposed AP

45.2 and rescind AP 32 to support compliance with SB 553.

DISCUSSION:

Workplace Violence Prevention Plan
Existing state law under the California Occupational Safety and Health Act of 1973 imposes safety responsibilities on employers and employees and requires that employers establish, implement, and maintain an effective IIPP. SB 553 adds additional requirements beyond providing a safe workplace and mandates that most California employers implement a WVPP. City staff identified a model WVPP template created by Local Agency Workers’ Compensation Excess Joint Powers Authority (LAWCX), of which the City is a member. Staff confirmed that the model policy met the requirements of SB 553 and revised the model policy to adapt it to the City’s needs.

SB 553 requires employers to develop and implement a WVPP by July 1, 2024. As part of the City’s development process, staff sought feedback from all City employees on the draft policy as required by SB 553. Staff received several comments from City employees with suggestions regarding formatting and grammar, all of which were incorporated into the proposed policy.

Following adoption of the City-wide plan, individual departments will implement this plan and ensure compliance, similar to other components of the existing IIPP. The implementation of the plan at each department will require the following.
▪ An initial Environmental Hazard Assessment will be conducted by the department head or his or her designee on worksites within their purview, and any deficiencies will be documented.
▪ A Corrective Action Plan will be completed which identifies timelines and the person responsible for ensuring hazards are addressed by a proposed target date for any items identified in the Environmental Hazard Assessment.
▪ Initial training for all current employees on the specific departmental WVPP will be completed prior to July 1, 2024.
▪ Annually thereafter, departments will be required to conduct Environmental Hazard Assessments, create related Corrective Action Plans, and provide training to all employees.
▪ All workplace violence incidents, as defined in the policy, will be documented on a log and investigated, with corrective actions taken as necessary. ▪ Training records will be maintained for one (1) year and are subject to review by Cal/OSHA or any City employee or their representative.
▪ Hazard identification, evaluation, and correction records will be maintained for five (5) years.
▪ Incident records will be maintained for five (5) years.

Rescinding AP 32: Safety in the Workplace – Prohibition of Weapons & Threats of Violence The City’s current policy, AP 32, prohibits weapons and threats of violence in the workplace.

Because the WVPP and the City’s existing policy, AP 32, overlap concerning the prohibition of weapons and threats of violence, leaving the existing policy and adopting the WVPP would be redundant. In an effort to reduce confusion and to avoid conflicts and duplication of policies, it is recommended that AP 32 be rescinded and replaced with the WVPP.

FINANCIAL IMPACT:

The recommended action is necessary to ensure the City is in compliance with SB 553. California’s Department of Industrial Relations (Cal/OSHA) is the regulatory agency that will ensure California employers have WVPPs in place and are doing the appropriate training and recordkeeping. The new law does not provide any funding to employers for the cost of implementing, training, and updating the policy. Additionally, no funding was provided for recordkeeping, conducting workplace violence investigations, workplace violence environmental assessments, or for implementing hazard correctionsif workplace violence hazards are identified. Although the State did not provide funding for the new requirements, staff does not anticipate any major additional expenses. However, staff labor hours will be required to implement the departmental plans, conduct assessments, and to provide training to all employees. Human Resources has developed model training resources for departments to utilize to reduce the amount of time spent on preparing training materials. If hazards are found, departmental budgets should be able to absorb minor improvements such as additional lighting, signage, mirrors, etc. However, if highercost hazards are identified, departments may be required to request budget appropriations for those expenses once identified.

ALTERNATIVES:

Council could direct staff to add additional reporting or training requirements to the policy beyond those required by SB 553.

ATTACHMENTS:

1. Resolution approving the addition of the WVPP as AP 45.2 and rescinding AP 32:

Safety in the Workplace – Prohibition of Weapons & Threats of Violence a. Exhibit 1: Workplace Violence Prevention Plan
RESOLUTION NO. 24-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING AP 45.2: WORKPLACE VIOLENCE PREVENTION PLAN AND RESCINDING AP 32: SAFETY IN THE WORKPLACE –

PROHIBITION OF WEAPONS & THREATS OF VIOLENCE
WHEREAS, Senate Bill (SB) 553 passed into law requires most California Employers to implement a Workplace Violence Prevention Plan (WVPP) codified in California Labor Code section 6401.9 by July 1, 2024; and
WHEREAS, the City of Madera currently maintains a Cal/OSHA-compliant Injury and Illness Prevention Plan in Administrative Policy (AP) 45; and
WHEREAS, a WVPP has been drafted in compliance with SB 553 and is proposed as a sub-policy to the City’s IIPP, specifically as AP 45.2; and
WHEREAS, AP 32 Safety in the Workplace – Prohibition of Weapons & Threats of Violence was adopted by Minute Order June 1, 1994, but would be redundant with the adoption of the WVPP.

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

1. The above recitals are true and correct.

2. The City Council hereby approves AP 45.2: Workplace Violence Prevention Plan, attached hereto as Exhibit 1 and incorporated herein

3. The City Council hereby rescinds AP 32 Safety in the Workplace – Prohibition of Weapons & Threats of Violence.

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

TABLE OF CONTENTS
Policy ............................................................................................................................................... 1 Prohibited Acts................................................................................................................................ 1 Responsibility and Authority........................................................................................................... 2 Compliance ..................................................................................................................................... 3 Communication and Training.......................................................................................................... 3 Procedures...................................................................................................................................... 4 Hazard Assessment......................................................................................................................... 5 Hazard Correction........................................................................................................................... 6 Post Incident Response and Investigation...................................................................................... 6 Recordkeeping ................................................................................................................................ 7 Annual Review ................................................................................................................................ 7 Exclusions........................................................................................................................................ 7 Appendices
A. Workplace Violent Incident Log
B. Workplace Violence Prevention Environmental Hazard Assessment & Control Checklist C. Workplace Violent Incident Investigation Form
D. Workplace Violence Prevention Training Log
E. Workplace Violence Incident Report Form

CITY OF MADERA
Administrative Policy
Policy No. 45.2
Date Adopted: 6/5/2024
Date(s) Revised:

Subject: Workplace Violence Prevention Plan
1 I. Policy
The City of Madera is committed to providing a work environment that is free of disruptive, threatening, or violent behavior involving any employee, appointed or elected official, volunteer, contractor, client, and/or visitor. Our policy is to establish, implement, and maintain an effective plan as required by SB 553. The regulation requires us to establish, implement, and maintain, at all times in all our facilities, a workplace violence prevention plan for purposes of protecting employees and other personnel from aggressive and violent behavior at the workplace.

Our Workplace Violence Prevention (WVP) plan is available upon request for examination and copying to our employees, their representatives, and the Chief of Cal/OSHA or his or her designee.

II. Prohibited Acts
A. The City of Madera will not ignore, condone, or tolerate threats of violence or workplace violence by any employee, appointed or elected official, volunteer, contractor, client, or visitor.

1. Threats of violence include both verbal and non-verbal conduct that causes a person to fear for his or her safety because there is a reasonable possibility he or she might be physically injured and that serves no legitimate work-related purpose.

2. Workplace violence means any act of violence or threat of violence that occurs at the work site. The term workplace violence shall not include lawful acts of selfdefense or defense of others. Workplace violence includes the following:
a. The threat or use of physical force against an employee that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury b. An incident involving the threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether or not the employee sustains an injury
c. Workplace violence can be categorized into four types:
i Type 1: Workplace violence committed by a person who has no legitimate business at the work site - includes violent acts by anyone who enters the workplace with the intent to commit a crime
ii Type 2: Workplace violence directed at employees by customers, clients, patients, students, inmates, or visitors
iii Type 3: Workplace violence against an employee by a present or former employee, supervisor, or manager
2 iv Type 4: Workplace violence committed in the workplace by someone who does not work there but has or is known to have had a personal relationship with an employee
B. In addition, the City of Madera prohibits all dangerous weapons not used for fire suppression, accident and incident response, emergency medical services, the service of law enforcement, or security duties on all City of Madera property. Any employee or appointed or elected official in possession of prohibited dangerous weapons on City of Madera property is in violation of this policy and may be subject to disciplinary action up to and including dismissal. Any volunteer, contractor, client, or visitor in possession of prohibited dangerous weapons will be banned from the premises. Dangerous weapons include any instrument capable of inflicting death or serious bodily injury.

III. Responsibility and Authority
A. Workplace Violence Prevention Plan Administrator

1. The Director of Human Resources, or an assigned designee, is the designated WVP Plan Administrator (Administrator) and has the authority and responsibility for developing, implementing, and maintaining the overall City plan and conducting or overseeing any investigations of workplace violence reports. The Director of Human Resources will also be able to answer employee questions concerning this plan.

2. Department Heads, or an assigned designee, shall solicit feedback and input from employees and their authorized representatives in developing and implementing departmental WVP plans. Active involvement of employees could include, but is not limited to, their participation in identifying, evaluating, and correcting workplace violence hazards; in designing and implementing training; and in reporting and investigating workplace violence incidents.

3. When applicable, Department Heads, or an assigned designee, shall coordinate implementation of the workplace violence prevention plan with other employers (ex. contracted employees and other employers co-located at a City site), to ensure those employers and their employees understand their respective roles as provided in the plan. These other employers and their staff shall be provided with training on the City of Madera’s WVP plan.

B. Managers and Supervisors

1. Responsibilities include:
a. Implementing the plan in their work areas;
b. Providing input to the Administrator and Department Heads regarding the plan;
3 c. Participating in investigations of workplace violence reports; and d. Answering employee questions concerning this plan.

C. Employees

1. Responsibilities include:
a. Complying with the plan;
b. Maintaining a violence-free work environment;
c. Attending all training;
d. Following all directives, policies, and procedures; and e. Reporting suspicious persons in the area and alerting the proper authorities when necessary.

IV. Compliance
The Administrator is responsible for ensuring the plan is clearly communicated and understood by all employees. The following techniques are used to ensure all employees understand and comply with the plan:
▪ Informing all employees of the plan during new employee safety orientation training and ongoing workplace violence prevention training;
▪ Ensuring all employees, including managers, and supervisors receive training on this plan; ▪ Providing comprehensive workplace violence prevention training to managers and supervisors concerning their roles and responsibilities for plan implementation; ▪ Evaluating employees to ensure their compliance with the plan; ▪ Disciplining employees, appointed or elected officials, and volunteers who engage in threats of violence behaviors up to and including dismissal; and ▪ Ensuring training of this plan is conducted on an annual basis.

V. Communication and Training
Managers and supervisors are responsible for communicating with employees about workplace violence in a form readily understandable by all employees.

Employees are encouraged to inform their supervisors about any threats of violence or workplace violence. Employees may use the Workplace Violent Incident Log (Appendix A) to assist in their reporting of incidents. No employee will be disciplined for reporting any threats of violence or workplace violence.

After the employee has reported their concerns about any threats of violence or workplace violence to their supervisor, the supervisor will report this information to the Administrator who 4 will investigate the incident. The Administrator will then inform the employee of the results of their investigation and any corrective actions to be taken as part of the City of Madera’s responsibility in complying with hazard correction measures outlined in the WVP plan.

Any employee who believes he or she has the potential of violent behavior is encouraged to use the City of Madera’s confidential Employee Assistance Program (EAP):

SimpleEAP - Access with code: cityofmadera
Main Phone Number: 888-425-4800
Email: [email protected]
Website: https://cityofmadera.mysupportportal.com/
Text SUPPORT to: 51230
For login assistance, contact Human Resources at [email protected] or 559-661-5404 Employee training on workplace violence will include:
▪ This plan;
▪ Workplace violence risks that employees may encounter in their jobs; ▪ How to recognize the potential for violence and escalating behavior; ▪ Strategies to de-escalate behaviors and to avoid physical harm; ▪ City of Madera alerts, alarms, or systems that are in place to warn of emergencies; ▪ How to report incidents to law enforcement; and
▪ SimpleEAP
Training will occur:
▪ When the plan is first established;
▪ At time of hire or transfer;
▪ Annually;
▪ When new equipment or work practices are introduced; and ▪ When a new or previously unrecognized workplace violence hazard has been identified.

Employees who receive training in a form other than live will have the opportunity to meet with a person knowledgeable on the plan within one business day of the training for interactive questions to be answered. Training should be documented on Appendix D or a similar form.

Training records will be retained for one year.

VI. Procedures
A. Responding to Actual or Potential Workplace Violence Emergencies Departments will develop department and site-specific (if applicable) plans to respond to an actual or potential workplace violence emergency. The Administrator, or his 5 designee, will review all departmental plans to ensure coordination of plans between departments when necessary.

When any employee becomes aware of an actual or potential workplace violence emergency, they shall notify the departmental or site designated emergency communication contact.

Employees shall implement the run, hide, fight protocols where appropriate. Evacuation routes and sheltering locations will be communicated to affected staff. If employees are not able to evacuate or shelter in place, they are authorized to take all reasonable actions necessary to fight or subdue an active shooter or assailant.

Employees shall call 911 to report an emergency incident and request assistance from law enforcement. Calls from a City desk phone can reach the City of Madera’s Police Department Dispatch by simply dialing 911; nothing additional is required to reach an outside line. The caller speaking to dispatch should advise of the specific location of the incident, describe the situation, the suspect’s physical and clothing description, any visible weapons, any information about victims and follow any directions from the public safety dispatcher.

B. Emergencies and Reporting a Crime
After emergency personnel are contacted employees should notify their supervisor, manager, and the Administrator as soon as possible, so long as it is safe to do so.

C. Reporting Workplace Violence Concerns
Employees who witness or experience threats of violence or workplace violence can report anonymously and without fear of reprisal by submitting the Workplace Violence Incident Report form (Appendix E) in writing or electronically to HR or a departmental supervisor or director. Reports can be submitted via email, phone, interoffice mail, or in-person.

D. Restraining Orders
Employees or other personnel affiliated with the City of Madera who have an active restraining order issued against another person that includes the workplace are encouraged to provide a copy of the restraining order to their supervisor and the Administrator. Supervisors who receive notification of a restraining order that includes the workplace will meet with the Administrator to decide what actions, if any, need to be initiated.

VII. Hazard Assessment
A. Workplace hazard assessments will include:

1. An annual review of the past year’s workplace violence incidents; and

2. Periodic physical security assessments.
6 B. The Workplace Violence Prevention Environmental Hazard Assessment & Control Checklist (Appendix B) can be used to assist with the security assessment. Inspections are performed according to the following schedule:

1. Once a year;

2. When the plan is implemented;

3. When new, previously unidentified workplace violence/security hazards are recognized; and

4. When workplace violence injuries or threats of injury occur.

VIII. Hazard Correction
A. Work practice controls will be used to correct unsafe work conditions, practices, or procedures that threaten the security of employees.

B. Work practice controls are defined as procedures, rules, and staffing that are used to effectively reduce workplace violence hazards. Work practice controls may include, but are not limited to:

1. Appropriate staffing levels;

2. Provision of dedicated safety personnel (i.e. security guards);

3. Employee training on workplace violence prevention methods; and

4. Employee training on procedures to follow in the event of a workplace violence incident.

C. Corrective actions will be implemented in a timely manner based on the severity of the hazard, documented and dated.

IX. Post Incident Response and Investigation
A. Managers and supervisors will use the Workplace Violent Incident Log (Attachment A) to assist in documenting incidents and investigations.

B. These procedures will occur following an incident:

1. Provide immediate medical care or first aid;

2. Identify all employees involved in the incident;

3. Offer staff individual trauma counseling resources;

4. Conduct a debriefing with all affected staff;

5. Determine if corrective measures developed under this plan were effectively implemented; solicit feedback from all personnel involved in the incident as to the cause of this incident and if injuries occurred, how injury could have been prevented; and

6. Record the incident in the Workplace Violent Incident Log. 7 X. Recordkeeping
A. Records of workplace violence hazard identification, evaluation, and correction will be maintained for five years in accordance with the recordkeeping requirements of the City of Madera’s Injury and Illness Prevention Program. Departments shall provide Human Resources with a copy of these evaluations, who will maintain these records in a centralized system.

B. Training for each employee, including the employee’s name, training dates, type of training, and training provider will be maintained for a minimum of one year. Individual departments shall maintain these records.

C. Records of violent incidents (Workplace Violent Incident Log) will be maintained a minimum of five years with the City of Madera’s Human Resources Department.

XI. Annual Review
The City of Madera’s Workplace Violence Prevention Plan will be reviewed annually and updated as needed considering the following criteria:
▪ Staffing;
▪ Sufficiency of security systems;
▪ Job, equipment, and facility design and risks;
▪ Modifications or additions to tasks and procedures that affect plan implementation; ▪ Newly identified hazards;
▪ Prior year incidents;
▪ Identified deficiencies; and
▪ Feedback provided by employees and their authorized representatives.

XII. Exclusions
While SB 553 does not require law enforcement agencies to have or participate in the WVPP, employees, volunteers, visitors, and contractors of the City of Madera’s Police Department will adhere to the policy regarding the Prohibited Acts section on page one and two of this policy that prohibits violence and threats of violence and dangerous weapons (except any such weapons approved for use and possessed by law enforcement, code enforcement, and animal control officers) in the workplace. The Police Department at the City of Madera will not be required to adhere to the other sections of the policy and does not need to keep records of, or conduct the following:
• Workplace Violence Incident Log
• Workplace Violence Prevention Environmental Hazard Assessment & Control Checklist • Workplace Violence Incident Investigation Form
• Workplace Violence Training Log
Appendix A

WORKPLACE VIOLENT INCIDENT LOG
This form must be completed for every record of violence in the workplace. This form shall be retained for 5 years.

Incident ID #*: Date and Time of Incident: Department:

Specific Location of Incident: Workplace Violence Type: 1 2 3 4 * Do not identify employee by name, employee #, or SSI. The Incident ID must not reflect the employee’s identity
Describe Incident (Include additional pages if needed):

Assailant information:

Patient Client Customer
Family or Friend of Patient Family or Friend of Client Family or Friend of Customer Partner/Spouse of Victim Parent/Relative of Victim CoWorker/Supervisor/Manager Former Partner/Spouse of
Victim Animal Person In Custody
Robber/Burglar Passenger Stranger
Student Other:

Circumstances at time of incident:

Employee Performing Normal
Duties Poor Lighting Employee Rushed
Employee Isolated or Alone High Crime Area Low Staffing Level Unable to Get Help or
Assistance
Working in a Community
Setting Unfamiliar or New Location
Other:

Location of Incident:

Patient or Client Room Emergency or Urgent Care Hallway Waiting Room Restroom or Bathroom Parking Lot or Outside Building
Personal Residence Breakroom Cafeteria
Other:

Type of Incident (check as many apply):

Robbery Grabbed Pushed
Verbal Threat or Harassment Kicked Scratched
Sexual Threat, Harassment, or
Assault Hit with an Object Bitten
Animal Attack Shot (or Attempted) Slapped
Threat of Physical Force Bomb Threat Hit with Fist
Threat of Use of Weapon or
Object
Vandalism (of Victim’s
Property) Knifed (or Attempted)
Assault With A Weapon or
Object
Vandalism (of Employer’s
Property)
Arson
Robbery Other:

Consequences of incident:

Medical care provided?
Yes No
Law enforcement called?
Yes No
Security contacted?
Yes No
Work days lost
(if any):

Did anyone provide assistance to conclude the event?
Yes No
Date employee advised of
investigation outcome:

Action taken by employer to protect employees from a continuing threat? Yes No N/A
Employee(s) offered trauma
counseling? Yes No
Completed by:

Name: Title: Date:

Telephone: Email:

Signature: Telephone:

Appendix B

WORKPLACE VIOLENCE PREVENTION

ENVIRONMENTAL HAZARD ASSESSMENT & CONTROL CHECKLIST
Assessed by: Title: Date:

Location(s) Assessed:

This checklist is designed to evaluate the workplace and job tasks to help identify situations that may place employees at risk of workplace violence. This form must be retained for 5 years.

Step 1: Identify risk factors that may increase the City of Madera’s vulnerability to workplace violence events
Step 2: Conduct a workplace assessment to identify physical and process vulnerabilities Step 3: Develop a corrective action plan with measurable goals and target dates STEP 1: IDENTIFY RISK FACTORS
Yes No Risk Factors Comments:

Does staff have contact with the
public?
Does staff exchange money with the
public?
Does staff work alone?
Is the workplace often
understaffed?
Is the workplace located in an area
with a high crime rate?
Does staff enter areas with high
crime rates?
Does staff have mobile workplaces?
Does staff perform public safety
functions that might put them in
conflict with others?
Does staff perform duties that may
upset people?
Does staff work with people known
or suspected to have a history of
violence?
Do any employees have a history of
threats of violence?
STEP 2: CONDUCT ASSESSMENT
Building Interior
Yes No Building Interior Comments:

Are employee ID badges required?
Are employees notified of past
workplace violence events?
Are trained security personnel or
staff accessible to employees?
Are bullet resistant windows or
similar barriers used when money is
exchanged with the public?
Are areas where money is
exchanged visible to others?
Is a limited amount of cash kept on
hand with appropriate signage?
Could someone hear an employee
who called for help?
Do employees have a clear line of
sight of visitors in waiting areas?
Do areas used for client or visitor
interviews allow co-employees to
observe problems?
Are waiting and work areas free of
objects that could be used as
weapons?
Is furniture in waiting and work
areas arranged to prevent employee
entrapment?
Are clients and visitors clearly
informed how to use the
department services so they will not
become frustrated?
Are private, locked restrooms
available for employees?
Do employees have a secure place
to store personal belonging?
Building Exterior
Yes No Building Exterior Comments:

Do employees feel safe walking to
and from the workplace?
Are the entrances to the building
clearly visible from the street?
Is the area surrounding the building
free of bushes or other hiding
places?
Are security personnel provided
outside the building?
Is video surveillance provided
outside the building?
Is there enough lighting to see
clearly?
Are all exterior walkways visible to
security personnel?
Parking Area
Yes No Parking Area Comments:

Is there a nearby parking lot
reserved for staff?
Is the parking lot attended and
secure?
Is the parking lot free of blind spots
and landscape trimmed to prevent
hiding places?
Is there enough lighting to see
clearly?
Are security escorts available?
Security Measures
Yes No Security Measures Comments:

Is there a response plan for
workplace violence emergencies?
Are there physical barriers?
(between staff and clients)
Are there security cameras?
Are there panic buttons?
Are there alarm systems?
Are there metal detectors?
Are there X-ray machines?
Do doors lock?
Does internal telephone system
activate emergency assistance?
Are telephones with an outside line
programed for 911?
Are there two-way radios, pagers,
or cell phones?
Are there security mirrors?
Is there a secured entry?
Are there personal alarm devices?
Are there “drop safes” to limit
available cash?
Are pharmaceuticals secured?
Is there a system to alert staff of the
presence, location, and nature of a
security threat?
Is there a system in place for testing
security measures?
STEP 3: DEVELOP CORRECTIVE ACTION PLAN
(Action Plan Types: BI – Building Interior, BE – Building Exterior, PA – Parking Area, SM – Security Measure) Type Action Item Person(s)
Responsible
Target
Date Status Comments
Appendix C

WORKPLACE VIOLENCE PREVENTION

WORKPLACE VIOLENT INCIDENT INVESTIGATION FORM
Completed by: Title:

Incident ID#: Incident Date: Investigation Date:

This investigation form should be completed after a workplace violent incident occurs. This form must be retained for 5 years.

Step 1: Gather relevant information regarding the incident. Review witness/victim statements, police reports, surveillance video, etc. Conduct interviews with witnesses/victims if needed and not already done.

Step 2: Use Appendix B to conduct a Workplace Violence Hazard Assessment.

Step 3: Develop a corrective action plan with measurable goals and target dates.

Step 4: Complete the following sections.

Step 5: Provide investigation outcome to victim employee(s) when complete.

Incident Summary
List All Employees Involved (include EE ID#)
Primary Cause(s) of Incident
Steps to Prevent Similar Future Incident
Signature of Investigator: _______________________________________ Appendix D

WORKPLACE VIOLENCE PREVENTION

TRAINING LOG
This training log, or a similar form/document containing the same information, should be completed after employees complete their WVPP training. New employees should receive training upon hire and all others should be trained annually on the policy. Additionally, all employees should receive retraining when the WVPP is updated or new hazards are identified. This form must be retained for 1 year. Attach training materials to this sign-in sheet. Attach additional sheets as necessary.

Training conducted by: Title: Training Date:

Training Topic/Summary:

EE ID# Last Name First Name Title Signature

CONTINUED
EE ID# Last Name First Name Title Signature
Appendix E

WORKPLACE VIOLENT INCIDENT REPORT FORM
Reports should be submitted to a supervisor or HR. If an employee wishes to remain anonymous, they may send this via interoffice mail. This form shall be retained for 5 years and stored with the Workplace Violent Incident Investigation Form.

Incident ID #:
(to be completed by HR) Date and Time of Incident:

Date submitted/submitted to: Assailant Name:

Received date/received by:
(to be completed by HR or Dept)
Specific Location of Incident
(ex. Planning Div, Front Counter):

Describe Incident (Include additional pages if needed):

Victim and/or Witness Information (Names and Titles and Phone Number if non-City employee):

Assailant information:

Circumstances at time of incident:

Type of Incident (check as many apply):

Consequences of incident:

Medical care provided?
Yes No
Law enforcement called?
Yes No
Work days lost (if any):

Completed by:

Name: Title: Date:

Signature: Phone #:

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: June 5, 2024
Agenda Number: B-5
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Acceptance of Repairs at the Centennial Park Pool Complex RECOMMENDATION:

Staff recommends that the City Council approve Minute Order Approving:

1. Acceptance of Repairs at the Centennial Park Pool Complex at 221 Flume Street.

2. The Recording of Notice of Completion.

SUMMARY:

The Centennial Park Pool Complex restoration project was completed on May 15, 2024. The complex is comprised of three pools, including a lap, a diving, and a kiddie pool, along with a snack bar and restroom. This project focused on the lap and diving pools, as the kiddie pool was replastered approximately four years ago. More specifically, the scope of this project included:
▪ Replastering and retiling of two pools.
▪ The replacement of twelve pool skimmers.
▪ Replaced the handrails for the ADA ramp located in the lap pool. ▪ A total of 12 grates were installed: 4 in the lap pool and 8 in the dive pool. ▪ Handrails for the lap and dive pool ladders were replaced. ▪ Deck depth markers, "no diving," and "no running" graphics were installed at the lap and dive pools.

DISCUSSION:

As part of the Community Development Block Grant (CDBG) for Fiscal Year 2023/2024, the City was awarded $215,000 for improvements at Centennial Park Pool Complex. The grant application noted that improvements at Centennial Park Pool Complex included retiling and replastering the lap and dive pools.

The City released IFB No. 202324-08 on December 6, 2023. Bids were due on December 20, 2023.

Regrettably, no bids were received.

On January 17, 2024, staff brought the request before Council to authorize direct negotiations with a contractor, with the construction agreement not to exceed $210,000. It was at this time staff initiated the direct negotiations with New Image Pool Interiors, Inc., a contractor that had expressed interest during the bid process but had not submitted a bid due to the CDBG Section 3 Program bid requirements. Staff and New Image Pool Interiors, Inc., were able to negotiate the construction agreement at $210,000. The Engineer’s Estimate projected the project cost to be $217,061. Shortly thereafter on February 26, 2024, New Image Pool Interiors, Inc. commenced on the project.

On March 20, 2024, Council approved a change order for $29,000 to replace the ADA ramp railing and several sets of grab rails with anchors. The additional work was originally not included in the initial IFB due to budget constraints, and the primary scope of work included retiling, replastering, skimmers, and floor-fittings replacements, which were the most crucial work that needed to be addressed as funding was available.

A final inspection was conducted on May 15, 2024. All parties agree the project can be recommended for acceptance by the Council and a Notice of Completion be recorded thereafter.

FINANCIAL IMPACT:

The Community Development Block Grant, awarded $215,000 for improvements, funded the upgrades and repairs at Centennial Park Pool Complex. Table 1 provides a synopsis of expenses to date.

Table 1: Centennial Park Pool Complex Upgrades & Repairs Project Expenditure Item Amount
IFB No. 202324-08 Bid Advertisement $2,304.90
New Image Pool Interiors Award $210,000
Change Order $29,000
Total $241,304.90
CDBG Award Total $215,000
City Contribution $26,304.90
Staff is noting $26,304.90 as a City contribution, with the CDBG award of $215,000 covering a portion of the change order. Savings from the Parks & Community Services – Aquatics budget made the change order possible, as no additional General Fund dollars were allocated.

ALTERNATIVES:

As an alternative, the Council may elect to reject the Notice of Completion with due cause. Rejection would result in the staff’s inability to record the Notice of Completion until addressing Council concerns, if any.

ATTACHMENTS:

1. Notice of Completion

2. Photos of the newly renovated lap and diving pools at the Centennial Park Pool Complex ATTACHMENT 1
Notice of Completion

Page 1 of 2 ends

Recording Requested by:

City of Madera
And When Recorded, Mail to:

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

NOTICE OF COMPLETION
_____________________________________________________________________________________________________________________ NOTICE IS HEREBY GIVEN THAT:

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

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

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

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

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

Name Address
______________________________________ ___________________________________________

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

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

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

Name Address
______________________________________ ___________________________________________

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

10. The street address of said property is
(If no street address has been officially assigned, insert “none”.) (Signature of Owner named in Paragraph 2)
Dated Joseph Hebert
Parks & Community Services Director
________________________________________________

Page 2 of 2 ends

State of California
County of Madera
Joseph Hebert, being duly sworn says: He is the City of Madera Parks & Community Services Director, the corporation that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein described; that he makes this verification on behalf of said corporation; that he has read said notice and knows the contents thereof, and that the facts herein stated are true. (Signature of Officer)
_______________________________________________________ Joseph Hebert
Parks & Community Services Director
State of California
County of Madera
Subscribed and sworn to (or affirmed) before me on the ___________ day of _____________________, 2024 by Joseph Hebert, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
______________________________________________________ (Seal) Alicia Gonzales
City Clerk
The notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy or validity of that document.

ATTACHMENT 2
Photos of the Newly Renovated Lap Pool and Dive Pool at Centennial Park Pool Complex The Image Above Shows the Newly Renovated ADA Ramp with New Tile and Railing The Image Above Shows the Newly Renovated Lap Pool
The Image Above Shows the Newly Renovated Dive Pool
The Image Above Shows One of the Hand Grab Rails Newly Replaced 01425.0001/965922.1

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: June 5, 2024
Agenda Number: B-6
Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Adoption of Updated District Boundary to Include Property Annexed into the City (Country Club Drive-Martin Street Annexation)
RECOMMENDATION:

Waive the full reading and adopt an Ordinance of the City Council of the City of Madera amending Subsection C (3) of Section 2-1.21 of the City Municipal Code to adopt revised district boundaries by title only, including CEQA Guidelines Section 15061(b)(3) determination.

SUMMARY:

LAFCo recently approved Country Club Drive-Martin Street Annexation 2023-001 into the City’s jurisdiction. The annexed territory “rounds out” the City’s boundaries and includes existing structures including several school facilities and multiple existing residences. Members of the public residing in this area are not legally allowed to participate in City elections until the City’s District boundaries are also updated. To complete this process and allow members of the public residing in the annexed territory to participate in local elections, an ordinance was introduced at the Council meeting on May 15, 2024, to allow for updating district boundaries. The requested action is to adopt the ordinance amending the Municipal Code to finalize the procedural steps to effectuate the process.

BACKGROUND:

Every 10 years Election Code section 2160 requires cities with by-district election systems to redraw their district boundary maps to ensure compliance with the California and federal Voting Rights Acts. This process, called redistricting, ensures that all districts have a nearly equal population. The City adopted its current district boundaries in 2022 based on 2020 census data as required by law.
01425.0001/965922.1
Since the adoption of the current boundary maps, there continues to be annexation, including the Country Club Drive-Martin Street Annexation adjacent to District 3. The annexed area includes territory that is largely built out, including Jack G. Desmond Middle School, Ezequiel Tafoya Alvarado Academy, Kingdom Hall of Jehovah's Witnesses, the Tractor Supply Co., and Matilda Torres High School. It also includes several residences, including those along Ellis Street, Adell Street, and Clark Street.

While the area is in the City, it is not within a Council district, thus the Council District boundaries must be modified to incorporate the annexed area to allow for voting in City elections.

DISCUSSION:

State laws set strict criteria for the updates of the district boundaries in such circumstances.

Specifically, the City Council is required to add the new territory "to the nearest existing Council district” without changing the boundaries of other Council district boundaries. As a result, the City’s discretion is limited regarding the present annexation.

As District 3 is the “nearest existing Council district” to the annexed property, the ordinance proposes to add the annexed territory to District 3 consistent with the mandatory requirements of State law.

The City just recently learned that the annexation had been approved by LAFCo a few weeks ago.

Normally there would not be sufficient time to complete this process by June 1st to allow voting in local elections this November due to the ballot process, etc. This would mean that the people living in the City (the annexed area) would not be able to vote in the City’s elections. However, the City Clerk reached out to the County Register of Voters, who graciously provided additional time to the City to provide all of the necessary information so that the ordinance could be adopted at the Council meeting of June 5th. An expedited process to update the District map for District 3 to adopt an ordinance amending the Municipal Code would allow for all people within City limits to be able to vote in City elections this November and thereafter.

FINANCIAL IMPACT:

There is no fiscal impact to modifying the boundaries other than staff time to prepare the necessary staff reports and modify the district boundary description.

ALTERNATIVES:

Decline to adopt the Ordinance at this time or continue the matter to a future meeting.

ATTACHMENTS:

1. Ordinance of the City Council of the City of Madera amending Subsection C(3) of Section 2-1.21 of the City Municipal Code and adopting revised district boundaries 01425.0001/965922.3 1
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA AMENDING SUBSECTION (C)(3) OF SECTION 2-1.21 OF CHAPTER 1 OF TITLE II OF THE

MADERA MUNICIPAL CODE AND ADOPTING REVISED DISTRICT VOTING

BOUNDARIES
WHEREAS, in 2010 a voter-approved districting plan was adopted by Ord. 890 that established six Council districts; and
WHEREAS, on March 16, 2022, the City Council adopted Ordinance No. 988 updating the Council district boundaries based on the most recent U.S. Census; and WHEREAS, the annexation of new territory known as the “Country Club Drive-Martin Street Annexation” as well as certain portions of the surrounding area (“Annexed Territory”) into the City was approved by the Madera County Local Agency Formation Commission (“LAFCO”) on February 21, 2024 (LAFCO File No. 2023-01), and became effective on April 15, 2024; and WHEREAS, pursuant to California Elections Code Section 21603(A), “[If] the boundaries of a city expand by the addition of new territory, including through annexation of unincorporated territory or consolidation with another city, the council shall add that new territory to the nearest existing council district without changing the boundaries of other council district boundaries”; and WHEREAS, the Annexed Territory is immediately adjacent to District 3; and WHEREAS, the area for the Annexed Territory is generally depicted in the graphic representation attached hereto as Exhibit “A”; and
WHEREAS, the City Council now desires to enact this Ordinance to annex the Country Club Drive-Martin Street Annexed Territory to District Three.

NOW THEREFORE, the City Council of the City of Madera does ordain as follows:

SECTION 1. The above recitals are hereby incorporated by reference.

SECTION 2. This Ordinance is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

Where, as here, it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 3. Subsection (C)(3) of Section 2-1.21 of Chapter 1 of Title II of the Madera Municipal Code is hereby amended to read in its entirety as follows:
(C) District boundaries. The Council member districts of the city shall have the following legal boundaries:
…
01425.0001/965922.3 2
(3) District 3. The region bounded and described as follows: all of that portion of Madera County bounded and described as follows: beginning at the point of intersection of Foxglove Way and N Granada Dr, and proceeding easterly along Foxglove Way to N Schnoor St, and proceeding northerly along N Schnoor St to Ave 16, and proceeding westerly along Ave 16 to State Rte 99, and proceeding southerly along State Rte 99 to nonvisible boundary, and proceeding northerly along nonvisible boundary to unnamed ramp, and proceeding southerly along unnamed ramp to nonvisible boundary, and proceeding northerly along nonvisible boundary to the Madera city line, and proceeding easterly along the Madera city line to Austin St, and proceeding southerly along Austin St to E Cleveland Ave, and proceeding easterly along E Cleveland Ave to N Lake St, and proceeding southerly along N Lake St to Fresno River, and proceeding westerly along Fresno River to N D St, and proceeding southerly along N D St to E 3rd St, and proceeding westerly along E 3rd St to W 3rd St, and proceeding westerly along W 3rd St to N H St, and proceeding northerly along N H St to Union Pacific RR, and proceeding westerly along Union Pacific RR to N I St, and proceeding northerly along N I St to Roberts Ave, and proceeding westerly along Roberts Ave to N Pine St, and proceeding southerly along N Pine St to N Park Dr, and proceeding easterly along N Park Dr to Foster Ave, and proceeding southerly along Foster Ave to Sunset Ave, and proceeding westerly along Sunset Ave to N Schnoor St, and proceeding northerly along N Schnoor St to W Cleveland Ave, and proceeding westerly along W Cleveland Ave to N Granada Dr, and proceeding northerly along N Granada Dr to the point of beginning.

Effective July 6, 2024, the region shall also include the additional territory bounded and described as follows: beginning at the point of intersection of the Madera city line and the westerly boundary line of the Madera Irrigation District Lat. 24.2 Canal at the West Adell Street alignment, and proceeding northerly along the westerly boundary of the Madera Irrigation District Lat. 24.2 Canal to a point of intersection with the southerly boundary of the Madera Irrigation District Lat. 24.2 Canal where said canal curves in a westerly direction, and proceeding easterly to Country Club Drive (Rd. 26), and proceeding northerly along Country Club Drive (Rd. 26) to Martin Street, and proceeding easterly along Martin Street to North D Street, and proceeding southerly along North D Street to a point of intersection with the Madera city line at Ellis Street, and proceeding westerly along Ellis Street to Sonora Street, and proceeding southerly along Sonora Street to the Madera city line, and proceeding southwesterly along the Madera city line to West Adell Street, and proceeding westerly along West Adell Street to the point of beginning.

SECTION 4: The foregoing district boundaries are depicted on, and added to, the “City Council District Boundaries Map” attached hereto as Exhibit “A,” which shall be kept on file in the City Clerk's Office.

SECTION 5: If any article, section, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Chapter. The Council hereby declares that it would have adopted this chapter and adopted each article, section, sentence, clause or phrase thereof, irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 01425.0001/965922.3 3
SECTION 6: This ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the ordinance, or a summary of the ordinance, shall be published once in a newspaper of general circulation.
* * * * * * *
Exhibit “A”: City Council District Boundaries Map
01425.0001/965922.3 4
Exhibit “A”
City Council District Boundaries Map
(Effective July 6, 2024)
01425.0001/965922.3 5

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: June 5, 2024
Agenda Number: B-7
Michael Lima, Director of Financial Services
Arnoldo Rodriguez, City Manager
SUBJECT:

Approval of Fleet Rollup Door Removal and Replacement Contract RECOMMENDATION:

Adopt a resolution awarding a contract to D L Batty, Inc. for the Removal and Replacement of Fleet Rollup Doors in the amount of $162,191.80, and a finding of a Class 1 CEQA Categorical Exemption (Existing Facilities)
SUMMARY:

The existing roll-up doors at the Fleet maintenance building have reached the end of their useful life. As part of the Fiscal Year (FY) 2023/24 budget, Council approved an appropriation of $165,000 in the Fleet Services Division budget to replace the 11 roll-up doors. Recently, the City issued a Request for Proposal (RFP) and received one response of $162,191.80 from D L Batty, Inc.

DISCUSSION:

The Fleet Services Division operates with multiple roll-up doors that are original to the construction of the building. These doors are subjected to continuous cycling up and down throughout the day as vehicles are brought into and out of the shop for service. However, due to their age, the doors have become worn and require frequent repairs, often resulting in the loss of a maintenance bay until they can be fixed.

Recognizing the critical need to address this issue, staff recommended, and Council approved, an appropriation of $165,000 in the FY 2023/24 budget to replace all of these original doors. This proactive measure aims to mitigate disruptions caused by door malfunctions, improve operational efficiency, and ensure the safety and functionality of the Fleet maintenance facility.

Pursuant to the California Uniform Public Construction Cost Accounting Act (CUPCCAA) for Projects Below CUPCCAA Bid Limits – PCC§2000, et seq. Staff released an Informal Invitation for Bids (IFB). Before circulating the bid, opportunities for a piggyback purchase were explored.

However, none were available. Per CUPCCAA guidelines, the IFB was circulated on April 23, 2024, to the 25 vendors on the City’s informal construction bid list who met the contractor A or C-28 contractors’ licensing requirements and uploaded to PlanetBids. From the circulation, 20 vendors accessed the online documents, with 8 indicating they would submit a bid. One vendor attended a site visit scheduled for April 29th. One bidder, D L Batty, Inc. submitted a bid by the May 3 rd deadline. Their bid amount of $162,191.80 is below the amount included in the FY 2023/24 budget for this project. The bid documents are on file with the City Clerk’s Office and are available for review. A copy of these documents will also be available for review at the Council meeting.

It should be noted that the doors are the most recent of several improvements to the City’s Fleet maintenance building made during the last few years. Other recent improvements include:

1. 7 new vehicle lifts. This represents all of the older lifts.

2. Interior paint

3. Removal of a paint booth that was no longer in use

4. Refinishing of the floor
Together, these improvements have improved the safety of the shop and have led to improved employee morale.

CEQA ASSESSMENT:

Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Categorical Exemption set forth in CEQA Guidelines Section 15301 (Existing Facilities) as the proposed project is for the repair and maintenance of roll-up doors on the existing Fleet maintenance building, and involves no expansion of existing use. Furthermore, Staff has determined that none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines Section 15300.2 apply to this project.

FINANCIAL IMPACT:

The FY 23/24 Fleet Services Division budget includes an appropriation of $165,000 in its Capital Expense account (#3070 1240-7000). The appropriation is sufficient to cover the bid amount ALTERNATIVES:

An alternative would be to reject the bid and either cancel the project or re-issue a new IFB in hopes of receiving more bids.

ATTACHMENTS:

1. Resolution Awarding a contract under invitation for Bids (IFB) No. 202324-21 to D L Batty, Inc. for the Removal and Replacement of Fleet Rollup Doors in the amount of $162,191.80
a. Construction Agreement
RESOLUTION NO. _______

RESOLUTION AWARDING A CONTRACT UNDER INVITATION FOR BIDS (IFB) NO. 202324-21 TO D L BATTY, INC. FOR THE REMOVAL AND

REPLACEMENT OF FLEET ROLLUP DOORS IN THE AMOUNT OF
$162,191.80
WHEREAS, the City of Madera released an Invitation for Bids (IFB) No. 202324-21 for the removal and replacement of eleven Fleet roll-up doors; and WHEREAS, IFB No. 202324-21 was released on April 23, 2024; and WHEREAS, the IFB No. 202324-21 was duly noticed and published accordingly; and WHEREAS, one bid was received as of May 3, 2024, by D L Batty, Inc. for $162,191.80; and WHEREAS, the City wishes to enter into a Construction Agreement with D L Batty, Inc. for the completion of the project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA does hereby resolve, find, and order as follows:

1. The above recitals are true and correct.

2. The City has performed a preliminary environmental assessment of this project and the City Council finds and determines that it falls within the Categorical Exemption set forth in CEQA Guidelines Section 15301 (Existing Facilities) as the proposed project is for the repair and maintenance of roll-up doors on the existing Fleet maintenance building, and involves no expansion of existing use. Furthermore, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines Section 15300.2 apply to this project.

3. The Council hereby accepts the bid received from D L Batty, Inc. as the lowest responsive and responsible bidder, and awards a construction contract for IFB 202324-21 Removal and Replace Fleet Rollup Doors in the amount of $162,191.80 to D L Batty, Inc. Said contract is attached hereto as Exhibit A and approved as to its material terms, and the Mayor is authorized to execute the same on behalf of the City subject as to legal from by the City Attorney.

4. This Resolution shall take effect immediately upon its adoption. * * *

CONSTRUCTION AGREEMENT

REMOVE AND REPLACE FLEET ROLLUP DOORS
IFB 202324-24
This Construction Agreement (“Agreement”) is made between the City of Madera, hereinafter called “OWNER” or “CITY” and D L Batty, Inc., doing business as a corporation, hereinafter “CONTRACTOR” and collectively called “Parties.” The Agreement is effective on the last date signed by the Parties at the end of this Agreement.

WITNESSETH: The Parties agree as follows:

1. Project. The CONTRACTOR shall commence and complete all WORK required for “IFB 202324-24 REMOVE AND REPLACE FLEET ROLLUP DOORS.”

2. Materials, Supplies, Equipment. The CONTRACTOR shall furnish all of the material, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the WORK described in this Agreement.

3. Commencement of Work and Bonds. The CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS within five (5) calendar days after the date of the NOTICE TO PROCEED and will complete the same within thirty (30) calendar days. The CONTRACTOR shall submit Payment Bond and Performance Bond in the amount of $162,191.80, and Insurance Certificates as specified in the CONTRACT DOCUMENTS prior to commencing any WORK within five (5) working days after being notified of the award of the contract.

4. Contract Amount. OWNER agrees to pay, and CONTRACTOR agrees to accept, the sum of ONE HUNDRED SIXTY-TWO THOUSAND ONE HUNDRED NINETY-ONE DOLLARS AND EIGHTY CENTS ($162,191.80) (“Contract Price”) subject to adjustments for changes in work as may be directed in writing by OWNER as payment in full for the WORK described in the CONTRACT DOCUMENTS. WORK performed at unit prices will be paid based on actual quantities of work performed and accepted.

5. Contract Documents. The CONTRACTOR shall commence and complete all WORK required in accordance with the following CONTRACT DOCUMENTS. The term “CONTRACT DOCUMENTS” means and includes the following:
a) CONTRACTOR Complete Bid Proposal
b) Insurance Requirements for Contractors
c) IFB 202324-21 Remove and Replace Fleet Rollup Doors
d) Addendum No. 1 dated 04/30/2024
e) Addendum No. 2 dated 05/01/2024

6. Liquidated Damages. In the event the CONTRACTOR does not complete the WORK within the time limit specified in Section 3 or within such further time as authorized, the CONTRACTOR shall pay to the OWNER liquidated damages in the amount of SEVEN HUNDRED DOLLARS ($700.00) per day for each and every calendar day delay in finishing the WORK beyond the completion date so specified.

7. Payment to Contractor. As consideration for performance of the Work required herein, OWNER agrees to pay CONTRACTOR on a time and materials basis as set forth herein, a not-to-exceed amount of $ 162,191.80 (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the OWNER.
(a) Periodic payments shall be made by the OWNER to CONTRACTOR within thirty (30) days of OWNER’S receipt of an application for payment from CONTRACTOR for services rendered. Payments to CONTRACTOR for work performed will be made on a monthly billing basis. The application shall include all information required by the OWNER and shall be in a format approved by the OWNER. This application shall be supported by evidence which is required by this Contract and such other documentation as the OWNER may require. The CONTRACTOR shall certify that the Work for which payment is requested has been done and that any materials listed are stored where indicated. OWNER shall review and pay the payment request in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code.
(b) Labor and Material Releases. CONTRACTOR shall furnish OWNER with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by OWNER.

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) 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. (j) 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
(d) 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. Contractor must comply with the insurance requirements as described in the section “INSURANCE REQUIREMENTS” 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.
i. General: If, prior to the acceptance of the Work, the CONTRACTOR:
1) Becomes insolvent, assigns its assets for the benefit of its creditors, or is otherwise financially unable to complete the Work; 2) Abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
3) Disregards written instructions from the City Engineer or materially violates provisions of the Contract Documents;
4) Fails to prosecute the Work according to the schedule approved by the City Engineer;
5) Disregards laws or regulations of any public body having jurisdiction; or
6) Commits continuous or repeated violations of regulatory or statutory safety requirements, then the OWNER will consider the Contractor in default of the Contract.
(b) Notices: Notices and other written communications regarding default between the CONTRACTOR, the OWNER, and the SURETY shall be transmitted as follows:
i. 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
ii. 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.
iii. 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.
(c) 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. (d) 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;
(e) The provisions of this subsection shall be in addition to all other legal rights and remedies available to the Owner.
(f) 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.
(g) 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.
(h) 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.
(i) 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.

i. 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.
ii. 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.
iii. Payment:

The Contractor will be paid without duplication for:
1) Work completed in accordance with Contract Documents prior to the effective date of termination for convenience;
2) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers, and others; and
3) 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:

Devin L. Batty
D L Batty, inc.
324 West Yosemite Avenue, Suite B
Madera, CA 93637
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 goods, 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 five years.

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. 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 THREE 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:

By: __________________________________
Shannon L. Chaffin, City Attorney
ATTEST:

By: __________________________________
Alicia Gonzales, City Clerk

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.

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)

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: June 5, 2024
Agenda Number: B-8
Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

General Election for Mayor and Council Districts 2, 4, and 6 RECOMMENDATION:

Adopt a Resolution calling for and requesting consolidation of the City’s General Municipal Election with the General Election on November 5, 2024, for the election of City Council elected to serve as Mayor and Council Districts 2, 4, and 6; and requesting that the Madera County Clerk render election services relating to the conduct of the election SUMMARY:

The term of office for the Mayor elected at large and representatives for Districts 2, 4, and 6 are set to expire at the first Council meeting in December of this year. The Resolution under consideration calls for the consolidation of the City’s general municipal election with the statewide general election on Tuesday, November 5, 2024, and requests that the Madera County Clerk conduct the election. City Council members serve four-year terms.

DISCUSSION:

Pursuant to California Elections Code §10403, the City must file a Resolution with the Madera County Board of Supervisors by August 9, 2024, at least 88 days prior to the election. The Resolution requests that the Madera County Board of Supervisors authorize the consolidation of the City’s general election with the general election on November 5, 2024, and that the Madera County Clerk conduct the election. City Council members serve four-year terms.

FINANCIAL IMPACT:

The cost for election services for the four Council seats is estimated to be $100,000. While the budget for Fiscal Year 2024/25 is being prepared, staff will include the estimated costs in the draft budget for Council consideration at a future date. Should the cost exceed the estimated amounts, a budget amendment will be presented to Council for consideration.

ALTERNATIVES:

There is no practical alternative. Although the City may decide to hold a standalone election, there is insufficient time to put together such an election and the costs would be significantly greater.

ATTACHMENT:

1. Resolution
RESOLUTION NO. _______

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

CALLING FOR AND GIVING NOTICE OF THE HOLDING OF A GENERAL

MUNICIPAL ELECTION FOR THE ELECTION OF CERTAIN MUNICIPAL OFFICERS OF THE CITY OF MADERA FOR COUNCIL MEMBERS OF DISTRICTS 2, 4, AND 6,

AND FOR THE ELECTION OF MAYOR AT-LARGE TO BE HELD IN THE CITY OF MADERA ON NOVEMBER 5, 2024 AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES;

REQUESTING CONSOLIDATION THEREOF WITH THE STATEWIDE ELECTION TO BE HELD ON THE SAME DATE; AND REQUESTING THAT THE MADERA

COUNTY BOARD OF SUPERVISORS AUTHORIZE THE MADERA COUNTY CLERK

TO RENDER SPECIFIED SERVICES TO THE CITY OF MADERA RELATING TO THE

CONDUCT OF THE GENERAL MUNICIPAL ELECTION
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a general municipal election shall be held on November 5, 2024 in the City of Madera, for the election of three members of the City Council to be elected by district for a term of four years for Council Districts 2, 4, and 6 and the election of the Mayor at-large for a term of four years; and
WHEREAS, Section 10002 of the Elections Code of the State of California provides that the governing body of the city may by resolution request the board of supervisors of the county to permit the county clerk to render specified services to the city relating to the conduct of elections; and
WHEREAS, the City Council desires to call such election and request its consolidation with the statewide election to be held on the same date and have the Madera County Clerk perform specified election services to the City of Madera.

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

1. Pursuant to the Elections Code ofthe State of California there is called and ordered held in the City of Madera, California, on Tuesday, November 5, 2024, a general municipal election ofthe qualified electors ofthe City of Madera forthe election ofthree members of the City Council to be elected by district for a term of four years for Council Districts 2, 4, and 6 and for the election of the Mayor at-large for a term of four years.

2. Theballotstobeused attheelection shall beinsuchformand content asmay berequired by law to be used at the election.

3. Pursuant to Section 10002 of the Elections Code, the City requests the Board of Supervisors of the County of Madera to permit the Madera County Clerk to render specified services to the City relating to the election.

4. The Madera County Clerk is authorized and directed to do any and all things necessary in order to ensure the lawful conduct of the election.

5. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding elections in the City of Madera that are consolidated with any other election.

6. Notice of time and place of holding the election is given and the Madera County Clerk is authorized and directed to give such further or additional information in the time, form and manner as required by law in connection with theelection.

7. Pursuant to Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Madera is hereby requested to consolidate the election referred to herein with the statewide election to be held on Tuesday, November 5,2024.

8. For and in consideration of the election services rendered by the Madera County Clerk, the City of Madera agrees to pay to Madera County the proportionate share of reasonable expenses of said election, said share to consist of all direct costs as determined by the Madera County Clerk to be directly related to the conduct of the City of Madera's general municipal election together with the City's proportionate share of the expenses for election services rendered by Madera County that are being shared equally with other jurisdictions, if any, by virtue of the consolidation of the City's municipal election with elections being held by other jurisdictions, if any, in the City of Madera on November 5, 2024.
* * * * * * * **
Madera City Council Meeting
June 5, 2024
Agenda Item: C-1
Budget Workshop
(Report by Michael Lima)
There is no written report for this item.

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: June 5, 2024
Agenda Number: D-1
Giachino Chiaramonte, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

City’s Participation in the 4th of July Community Event RECOMMENDATION:

Adopt Resolutions:

1. Authorizing up to $8,000 in payment to the Greater Madera Kiwanis should the 4th of July Community Event not raise adequate funds

2. Approving a Budget Amendment to the Fiscal Year 2023/2024 Operating Budget to appropriate General Fund fund balance for payment to the Greater Madera Kiwanis

3. Waiving the fees to cover the costs of police services of $2,068 SUMMARY:

The Greater Madera Kiwanis (Kiwanis), a local service organization, is planning a community event for the 4th of July. Historically, the City hosted this event at the Madera Municipal Golf Course, but due to budget constraints and the COVID-19 pandemic, the last event hosted by the City was in 2017. To revive civic pride, the Kiwanis successfully hosted the event in 2023 at the Madera Fairgrounds with assistance from the City. Building on last year’s success, the Kiwanis will again host the event and are aggressively seeking donations, allowing them to host the event free of charge to community members. With limited time, the Kiwanis are requesting the City’s assistance by:

1. Authorizing up to $8,000 in direct funding to the Kiwanis should they be unable to raise all of the necessary funds

2. Waiving the fees to provide police services during the event of $2,068 DISCUSSION:

As the host, the Kiwanis have been fundraising and partnering with other organizations to cover costs associated with the event, including venue rental, permits from the State Fire Marshal, and the 18-minute fireworks display. The event will be free to enter, and parking will also be free. The event is open to all community members and will provide a place to gather and celebrate the country’s independence. In addition, the community will be able to enjoy activities and entertainment such as family games and live music. The Kiwanis do not anticipate profiting from the event; instead, any donations will cover the expected expenses. If the Kiwanis do not reach their fundraising goal, they have formally requested financial assistance from the City not to exceed $8,000.

Additionally, the Kiwanis have requested the City waive the fees associated with providing police services for traffic control and security. If approved, the Police Department plans to staff the event with six officers at the special event rate outlined in the City’s Master Fee Schedule. The estimated cost of police involvement is $2,068.

The Kiwanis will be required to obtain the necessary permits for using the Madera Fairgrounds and provide insurance binders (Special Events Insurance) to transfer liability and property damage claims from the City to the event sponsors, per City policy.

FINANCIAL IMPACT:

If approved, the City would contribute up to $8,000 to the Kiwanis from the City’s General Fund fund balance. Additionally, the cost of providing police services to assist with traffic control and security is estimated at $2,068, which covers the special event rate for six officers for five hours.

The funds for police presence would be incorporated into the fiscal year 2024/25 budget but are being brought to Council now, considering that the Kiwanis are finalizing their expenses.

It is important to note that this figure represents the City providing the total assistance requested by the Kiwanis. The Kiwanis may meet their fundraising goal and only require waiving police service fees.

ALTERNATIVES:

Council may decline the request to provide financial assistance for event expenses and police services. Alternatively, Council may approve either request independently from one another.

Furthermore, Council may request additional information.

ATTACHMENTS:

1. Resolution authorizing up to $8,000 in payment to the Greater Madera Kiwanis

2. Resolution approving budget amendment
a. Exhibit A: Budget amendment

3. Resolution waiving fees to cover the costs of police services

4. Request letter authored by the Greater Madera Kiwanis RESOLUTION NO. 24-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
AUTHORIZING UP TO $8,000 IN PAYMENT TO THE GREATER MADERA KIWANIS SHOULD THE 4TH OF JULY COMMUNITY EVENT NOT RAISE

ADEQUATE FUNDS
WHEREAS, on June 5, 2024, the City Council of the City of Madera considered a request by the Greater Madera Kiwanis (Kiwanis) to provide financial assistance up to $8,000 for the 4th of July Community Event; and
WHEREAS, the Kiwanis have planned and organized this annual community event, providing citizens of Madera and neighboring areas a place to celebrate; and WHEREAS, the event has various expenses, including venue rental, permits from the State Fire Marshall, and the firework display; and
WHEREAS, the Kiwanis have fundraised and partnered with other organizations but may not receive sufficient capital to fund all the event expenses; and WHEREAS, the City Council finds it is in the best interest of the City to approve the requested financial assistance to the Kiwanis; and
WHEREAS, this request provides a public benefit to the community.

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

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

2. The City Council does hereby authorize payment from the City’s General Fund fund balance to the Kiwanis for the 4th of July Community Event, in an amount not to exceed $8,000.

3. This resolution is effective immediately upon adoption. * * * * * * * *
RESOLUTION NO. 24-______

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

CALIFORNIA, AUTHORIZING AND APPROVING AMENDMENTS TO THE CITY OF MADERA FISCAL YEAR 2023/2024 BUDGET
WHEREAS, the City of Madera has an Adopted Budget for Fiscal Year 2023/2024; and WHEREAS, the amendments to the City of Madera Fiscal Year 2023/2024 Budget, listed in Exhibit A, attached hereto, are necessary to account for payment to the Greater Madera Kiwanis for the 4th of July Community Event.

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

1. The above recitals are true and correct.

2. The appropriations for the items listed in Exhibit A, attached hereto, are approved.

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

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

ORG OBJECT
FUND CODE CODE DESCRIPTION (+) (-)

GENERAL FUND
1020 10200000 4900 Budgetary Carryover 8,000
1020 10202000 6409 Community Outreach 8,000
TOTALS 8,000 8,000

EXHIBIT A
CITY OF MADERA FISCAL YEAR 2023/24 BUDGET APPROPRIATION FOR THE 4TH OF JULY COMMUNITY EVENT
1 RESOLUTION NO. 24-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA WAIVING THE FEES TO COVER COSTS OF POLICE SERVICES FOR THE 4TH OF JULY

COMMUNITY EVENT FOR THE GREATER MADERA KIWANIS IN THE
AMOUNT OF $2,068
WHEREAS, on June 5, 2024, the City Council of the City of Madera considered a request by the Greater Madera Kiwanis (Kiwanis), to waive the fees to cover costs relating to the 4th of July Community Event; and
WHEREAS, the Kiwanis have planned and organized this annual community event providing citizens of Madera and neighboring areas a place to celebrate; and WHEREAS, the City fees for police services are $2,068; and WHEREAS, the City Council finds it is in the best interest of the City to approve the waiver of fees; and
WHEREAS, this request provides a public benefit to the community.

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

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

2. The Council finds that the waiver of fees as set forth in this resolution serves a public purpose and is in the best interest and welfare of the City and its residents.

3. The City Council does hereby waive the City fees requested by the Kiwanis, in the amount of $2,068 associated with the 4th of July Community Event.

4. This resolution is effective immediately upon adoption. * * * * * * * *
Greater Madera Kiwanis
4th of July 2024 Event
Madera FairGrounds
Madera, Ca 93637
Mr Mayor and Fellow Council Members,
On behalf of the Greater Madera Kiwanis, we respectfully request waiving the costs associated with the Police Department’s services for the 4th of July 2024 Event. In addition, we are requesting up to $8,000 in financial assistance for expenses related to the event. This year's event will take place on Thursday July 4th , 2024. This is the second year the Kiwanis Club is hosting the community event in order to help reduce the financial burden placed on the city in previous years.

This event has been traditionally held at the Madera Municipal Golf Course bringing large numbers of people out to enjoy a day of festivities and an amazing fireworks display. In an effort to expand and improve the experience we will once again host the event at the Madera Fairgrounds.

We would like to thank everyone for their time and consideration in helping bring together this amazing event.

Respectfully,
Rohi Zacharia
President of Greater Madera Kiwanis Club

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: June 5, 2024
Agenda Number: D-2
Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Piggyback purchase agreement for Fleet Division-related purchase RECOMMENDATION:

Adopt a Resolution approving Sourcewell piggyback agreement with PB Loader Corporation for the purchase of an all-electric utility truck for $129,016.41 and approve a Budget Amendment in the amount of $46,517 to fund the recommended purchase.

SUMMARY:

Appropriations for equipment were included in the Fiscal Year (FY) 2023/24 Adopted Budget for the Fleet Replacement Program (Org Unit 3070-1250), which Council approved on August 24, 2023. Included in those appropriations were funds for a replacement utility truck for the Facilities Division of the Public Works Department. Due to recent amendments to the California Air Resources Board (CARB) Advanced Clean Fleets (ACF) regulations, the City needs to begin the transition of its fleet from internal combustion engines (ICE) to zero emission vehicles by having a minimum of 50 percent of its medium and heavy duty vehicle purchases in 2024 be zero emissions vehicles. As the price for the all-electric zero-emission truck exceeds what was anticipated, a budget amendment is also necessary to fund the requested purchase.

DISCUSSION:

Council approved Ordinance 996 C.S. on December 21, 2022, which amended the City’s Municipal Code by adding Title II, Section 4 - Purchasing Procedures. This section allows the City to utilize piggyback purchasing procedures through the Procurement Services Manager to purchase supplies, equipment, or services without completing the City’s bidding or proposal process. A piggyback contract can be executed via another entity’s agreement when the items or services have already been bid by other governmental agencies or special cooperative agreements, provided such contracts are the result of a competitive bidding process, that the competitive bidding process used and all terms and conditions are substantially the same as those used by the City, and that the competitive bidding process and terms and conditions contain a clause allowing piggybacking by other public agencies.

The Fleet Division purchases various commodities throughout the year for its daily operations, including vehicles, equipment, miscellaneous goods, and services. Because of Fleet's variety and quantity of procurements, the division is a natural fit to utilize the piggyback procurement process.

Effective January 2024, the California Air Resources Board (CARB) enacted the Advanced Clean Fleets (ACF) regulation affecting vehicles owned by State, local, and Federal government agencies. The regulation aims to accelerate the transition to zero-emission vehicles (ZEV) for medium and heavy-duty trucks. These vehicles have a gross vehicle weight rating (GVWR) greater than 8,500 lbs, typically encompassing any truck commonly referred to as a ¾ ton pickup or larger.

Beginning on January 1, 2024, State and local governments must ensure that 50 percent of their vehicle purchases per calendar year are zero-emissions. This requirement will increase to 100 percent of vehicle purchases being zero-emissions starting January 1, 2027. This regulation necessitates significant planning and adjustments in vehicle procurement strategies to comply with the new ZEV mandates.

This truck was selected as the City’s first all-electric vehicle purchase to meet the new regulations.

As none of the three major truck manufacturers, Chevrolet, Dodge, or Ford, currently produce a pickup that falls within the regulation, this truck is the least expensive option of the vehicles recommended for purchase in the 2024 calendar year.

A couple of items worth highlighting include:
 The truck is a Workhorse W4 CC.
 The vehicle is an all-electric 14,330 gross vehicle weight (GVWR) truck with a 7,000-pound payload capacity.
 It will be outfitted with a utility bed with various toolboxes and an open storage area.  It has a range of 150 miles on a full charge with an MPGe (mile per gallon electrical equivalent) of 44.
 Charging with a Level Two (2) charger takes approximately 11 hours and 3-4 hours with a Level Three (3) charger.
 The City’s Corporation Yard has 6 Level Two chargers dedicated to City vehicles. These chargers were installed as part of the ENGIE project, including installing solar panels in the yard.
 A representative vehicle is shown below.

FINANCIAL IMPACT:

As medium- and heavy-duty all-electric vehicles and technology are new to the industry, the purchase cost is significantly higher than that of a traditional internal combustion engine (i.e., gasoline or diesel). While the original budget was $82,500, the quote for an allelectric utility truck is $189,016.41.

Fortunately, CARB offers a point-of-sale voucher program titled HVIP – Hybrid and Zero-Emission Truck and Bus Voucher Incentive Program. The program aims to support the State’s climate goals and improve air quality by providing vouchers to reduce the purchase cost of hybrid and zero- emission trucks and buses. Funds are available on a first-come, first-served basis and vary depending on vehicle type and weight class. The rebate funding for this vehicle would be $60,000, reducing the purchase price to $129,016.41. This revised price is still higher than the budgeted appropriation for the vehicle. Therefore, a budget amendment will be necessary to cover the additional costs.

The purchase under the recommended cooperative purchase agreement will be made from the Fleet Acquisition Program (Org 3070-1250). Due to the CARB ACF regulation, the purchase price is above what was originally budgeted by $46,516.41. Additional funds above the original fiscal year budget amount for purchasing come from the Facilities Fund via a Budget Amendment included in this agenda item. Table 1 provides a summary of costs.

Table 1: Summary of Costs and Budget Amendment request
The purchase price for the all-electric truck $189,016.41 CARB Rebate ($60,000)
Net purchase price $129,016.41
Original budget for a diesel truck (approved as part of the 2023/24 budget) $82,500 Difference between Purchase Price vs. Adopted Budget (budget amendment) $46,516.41 While operational costs for electric trucks are challenging to quantify due to being the City’s first sizeable electric vehicle, preliminary research indicates potential long-term savings. Electric vehicles offer lower fuel costs and generally lower maintenance expenses than fuel-powered vehicles. However, the higher upfront cost of electric trucks and uncertainties regarding operational expenses, such as tire wear, must be considered. Moreover, the environmental benefits of electric vehicles, such as zero tailpipe emissions, are noteworthy. Regardless, staff will monitor expenses to ensure budgeting for future vehicle acquisitions.

City staff recommends purchasing this vehicle using the Sourcewell piggyback agreement #080521-PBL with PB Loader Corporation, with the attached budget amendment.

ALTERNATIVES:

As an alternative, Council may direct staff to prepare a Request for Proposals (RFP) to solicit quotes from vendors or issue an RFP. Either scenario, while feasible, would require staff resources with no certainty that the prices obtained through this alternative process would be better than those obtained through piggybacking. Council may also reject the Budget Amendment which would result in insufficient funds being available to purchase the vehicle.

ATTACHMENTS:

1. Resolution approving Sourcewell piggyback purchase

2. Budget Amendment Resolution
RESOLUTION NO. _______

RESOLUTION APPROVING SOURCEWELL PIGGYBACK AGREEMENT WITH

PB LOADER CORPORATION FOR THE PURCHASE OF AN ALL-ELECTRIC

UTILITY TRUCK FOR THE FACILITIES DIVISION IN THE AMOUNT OF $129,016,41
WHEREAS, a piggyback contract can be executed via another entity’s agreement when the items or services have already been bid by other governmental agencies or special cooperative agreements, provided such contracts are the result of competitive bidding, and that the competitive bidding process used and all terms and conditions are substantially the same as the City’s competitive bidding process and terms and conditions; and WHEREAS, the City Council (‘Council’) approved Ordinance 996 C.S. on December 21, 2022, which added Title II Section 4 Purchasing Procedures to City’s Municipal Code; and WHEREAS, Ordinance 996 C.S. allows the City to utilize piggyback purchasing procedures to purchase supplies, equipment, or services without completing the City’s bidding or proposal process, from any supplier who offers the goods or services at the same or better price, terms, and/or conditions as the supplier previously offered to another public; and WHEREAS,staff has conducted a due diligence and determined that a piggyback purchase through Sourcewell best meets the City’s interests.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA does hereby resolve, find, and order as follows:

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

2. The Council finds that the use of piggyback purchases per the City’s Municipal Code, Title II, Section 4 - Purchasing Procedures is appropriate, and is in the best interest of the City.

3. The Council approves the Sourcewell piggyback agreement for purchase of an all-electric utility truck in the amount of $129,016.41 from PB Loader.

4. The City Manager is authorized to enter into agreement for the item listed above, consistent with the material terms of the Sourcewell agreement and California law, and subject to approval as to legal form by the City Attorney.

5. This Resolution shall take effect immediately upon its adoption. * * *
RESOLUTION NO. _______

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

CALIFORNIA, AUTHORIZING AND APPROVING AMENDMENTS TO THE CITY OF MADERA FISCAL YEAR 2023/2024
WHEREAS, The Fleet Maintenance department is purchasing a new all-electric utility truck for the Facilities department; and
WHEREAS, the cost of the new truck is above what was originally budgeted by $46,516.41; and
WHEREAS, the amendments to the City of Madera Fiscal Year 2023/2024 Budget, listed in Exhibit A, attached hereto, are necessary to cover the additional cost.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA does hereby resolve, find, and order as follows:

1. The above recitals are true and correct.

2. The appropriations for the items listed in Exhibit A, attached hereto are approved.

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

4. This Resolution shall take effect immediately upon its adoption. * * *

EXHIBIT A
CITY OF MADERA FISCAL YEAR 2023/24 BUDGET APPROPRIATION

FOR ELECTRIC TRUCK PURCHASE

ORG OBJECT
FUND CODE CODE DESCRIPTION (+) (-)

FACILITIES
FUND
3071 30710000 4900 Budgetary Carryover 46,517
3071 30710000 8200 Transfer Out 46,517

EQUIPMENT
FUND
3070 30701250 4355 Transfer In 46,517
3070 30701250 7000 Vehicles &
Equipment 46,517
TOTALS 93,034 93,034

REPORT TO CITY COUNCIL
Approved by:
__________
Council Meeting of: June 5, 2024
Agenda Number: D-3
Assistant Chief Justin Macomb
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Schedule “A” Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) from July 1, 2024, to June 30, 2025, for Fire Service Operations RECOMMENDATION:

Adopt a Resolution approving a new Schedule “A” agreement with the California Department of Forestry and Fire Protection (CAL FIRE) from July 1, 2024, to June 30, 2025, for $6,236,553 SUMMARY:

The proposed agreement between the City and CAL FIRE, spanning from June 1, 2024, through June 30, 2025, is valued at $6,236,553. This agreement ensures the staffing of personnel at Stations 56, 57, and 58. If approved, the City will maintain the current staffing levels with one modification, the replacement of two Firefighter II positions with Fire Apparatus Engineers.

DISCUSSION:

Prior to 1993, the City provided its own fire protection with two fire stations. In 1993, the City entered its first contract with the then-named California Department of Forestry. Public Resources Code Section 4142 allows CAL FIRE to enter into cooperative agreements with cities and counties for the purpose of suppressing fires within those jurisdictions. Currently, the City maintains three fire stations staffed with CAL FIRE personnel. Equipment and supplies are provided by the City and are not included in this agreement; rather, operating expenses are covered in the City’s Annual Budget. Table 1 provides a summary of personnel and equipment for each station.

Table 1: Summary of Personnel & Equipment per Station
Station Personnel on duty Equipment
56 (Lake)  3 Firefighters
 Battalion Chief for 72 hours per week
 Battalion 50
 Engine 56 (front-line engine)
 1 Patrol vehicle
 1 All-terrain vehicle
57 (Schnoor)  3 Firefighters  Engine 57 (front-line engine)  Reserve Engine 257
58 (Condor)  3 Firefighters
 Battalion Chief for 72 hours per week
 Truck 58 (front-line engine)
 Reserve Engine 258
Schedule “A” Agreement
The current agreement, approved in June 2023, was a one-year fire protection services reimbursement agreement from July 1, 2023, through June 30, 2024. The agreement was for $6,428,387. The current proposed Fiscal Year (FY) 2024/2025 agreement is for $6,236,553, which represents a 3.0% decrease, or $191,854. This decrease is due to a one-time (FY 2024/25) buy down of 19.55% to State employee retirement benefits provided by the State per the Governor’s FY 2024/25 budget displayed within Control Section 3.60 of the budget bill Senate Bill 917 and Assembly Bill 1812. It should be noted that the retirement cost savings will sunset in FY 2025/26 and the rate is expected to revert to its historical 50 percent. Regardless, next year’s agreement is projected to save the City money. Table 2 provides a summary of recent City and CalFire agreements.

Table 2: Recent Schedule A agreements between the City and CalFire (1) Fiscal Year Personnel on duty (2) Contract
Amount
Actual
Expenses
Savings
2024/25 (3) (4) 9 plus 2 Battalion Chiefs $6,236,553 - - 2023/24 (5) 9 plus 2 Battalion Chiefs $6,428,387 (6) (6) 2022/23 9 plus 2 Battalion Chiefs $6,057,566 $5,726,989 $330,576 2021/22 9 plus 1 Battalion Chief $5,530,761 $5,055,294 $475,467 2020/21 (7) 9 plus 1 Battalion Chief $5,676,191 $3,941,071 $1,735,120 2019/20 6 plus 1 Battalion Chief $4,634,772 $4,405,443 $229,329 (1) All figures rounded to the nearest dollar
(2) Battalion Chiefs work 72-hour shifts per week. The City had 1 Battalion Chief and added a second position (Fire Marshal) in the middle of FY 2022/23 in an effort to comply with SB 1205 which was adopted in response to the infamous Ghost Ship fire (3) Proposed (this item)
(4) Includes the conversion of 2 Firefighter II positions to Engineers (5) Included the conversion of 2 Firefighter II positions to Engineers (6) Actual Expenses and Savings for the current Fiscal Year will be known at the end of the current fiscal year
(7) Station 58 partial year, above average savings
Changing two positions from Firefighter II to Engineers In the current agreement, Council approved the conversion of 2 Firefighter II (FFII) to Fire Apparatus Engineers (FAE). FFIIs are the junior ranked members of an engine company and are limited in the job functions they can perform. FAEs can do all the job duties of an FFII in addition to the following:
 Act as the senior company officer in the absence of a Captain  Command incidents
 Drive Code 3 during emergency response
 Trained in hydraulic calculations for pumping operations  Higher level of job proficiency and training requirements  Can be held to a minimum 2-year commitment
The cost difference due to the reclassification of 2 positions is $38,832 for the FY. The increase in costs is justified by the benefits gained from having more highly trained personnel. This enhancement in staffing ensures a higher level of service and operational efficiency, directly contributing to the safety and well-being of the community. Additionally, the lack of a mandatory commitment period for Firefighter IIs (FFIIs) before they are eligible for promotion has created operational challenges. As FFIIs promote, they leave vacancies that can take up to six months to fill, during which the positions are covered by overtime. In the past year, the City has spent $178,409 on overtime to fill vacant positions.

Currently, the City operates with 21 full-time firefighters and 2 Battalion Chiefs. Under the proposed contract, the City would continue to operate with 21 full-time firefighters and 2 Battalion Chiefs; however, 2 of the firefighter positions would be changed from FFII to Fire Apparatus Engineer (FAE) roles. Presently, there are 2 vacant FFII positions, making this an opportune time to reclassify these positions to FAE. This adjustment aims to improve operational efficiency and reduce the reliance on overtime to cover vacancies.

It is worth noting that historically, vacant firefighter positions may have been financially advantageous to the City, as the City would save money by not charging an employee’s salary and benefits to the contract, only incurring overtime costs. However, updated billing practices now require that while a new employee is in training, both their salary and benefits, as well as the overtime for their vacancy coverage, are charged to the contract. This change has the potential to result in costs that exceed the salary and benefits of a single employee.

Beyond the financial considerations, the operational effects also compound the issue. The extra days that employees work to fill staffing gaps add to the already high job stresses. While relief personnel are trained to existing standards, they may lack the local knowledge and experience specific to the City’s operating procedures. This gap necessitates additional training, further increasing stress, reducing efficiency, and escalating the cost of the program. Implementing a mandatory commitment of no less than two years for Fire Apparatus Engineers (FAEs) would alleviate a significant number of these issues and enhance the level of service provided to the community.

Moreover, the City benefits from CAL FIRE personnel housed proximate to the City, who assist in times of need by providing additional personnel and equipment. These benefits include:
 Hazardous Materials response
 Fire origin investigations
 State resources at no cost during drawdown
 Employees on extended workers comp are not billed to the contract  Cost-share of support services
In addition to the aforementioned benefits, CAL FIRE has provided substantial assistance to the City in several key areas:

1. Fresno River Clean-Up: Supplying personnel and equipment for the clean-up efforts along the Fresno River.

2. Post-Occupancy Inspections: Conducting inspections as required by SB 1205, ensuring compliance and safety in buildings.

3. Fire Hydrant Maintenance: Flushing fire hydrants and creating an inventory of the City’s hydrants, which is shared with the Water Division to better coordinate the repair and maintenance of inoperable hydrants.

These collaborative efforts not only enhance the City's operational efficiency but also ensure a higher level of community safety and resource management.

FINANCIAL IMPACT:

Funds for this contract will be included in the Fiscal Year 24/25 budget. Since the opening of Fire Station 58, one-third of the agreement has been funded by Measure K, considering that it added approximately 33 percent additional staff. In addition, while not part of this item, Measure K has covered any expenses arising from the operation of Station 58, including equipment costs. The General Fund continues to support the operational expenses and salaries and benefits for Stations 56 and 57. Table 3 provides an overview of how the City funds the agreement.

Table 3: Agreement Overview
Item % of Contract $
Schedule A Agreement Amount - $6,236,553
City’s General Fund 66% (2/3 of agreement) $4,157,702
Measure K 33% (1/3 of agreement) $2,078,851
ATTACHMENTS:

1. Resolution

2. Fire Protection Reimbursement Agreement
a. Exhibit A
b. Exhibit B
c. Exhibit C
d. Exhibit D
e. Exhibit E
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING A NEW SCHEDULE "A" AGREEMENT WITH THE

CALIFORNIA DEPARTMENT OF FORESTRY AND FIREPROTECTION (CAL FIRE) FROM JULY 1, 2024, TO JUNE 30, 2025, FOR FIRE SERVICE

OPERATIONS, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT

ON BEHALF OF THE CITY OF MADERA
WHEREAS, the City of Madera (CITY) contracts with the State of California, Department of Forestry and Fire Protection (CAL FIRE) to provide fire protection services as allowed under Public Resources Code Section 4142; and
WHEREAS, CAL FIRE and the CITY have entered into agreements for services since 1993, the latest of which was a one-year Schedule "A" service agreement from July 1, 2023, through June 30, 2024; and
WHEREAS, the Schedule "A" agreement must be amended annually to cover each fiscal year's costs while providing for fire service operations.

WHEREAS, the subject agreement would extend the service agreement through June 30, 2025.

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

1. The above recitals are true and correct.

2. The City Council of the City of Madera, California approves the above-noted Schedule "A" agreement with the California Department of Forestry and Fire Protection (CAL FIRE) dated July 1, 2024 (Agreement# 4CA09647 in the amount of $6,236,553.00), a copy of which is on file in the office of the City Clerk and referred to for particulars.

3. The City Council of the City of Madera, California authorizes the Mayor, to sign and execute said Agreement on behalf of the City of Madera.

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

COOPERATIVE FIRE PROGRAMS

FIRE PROTECTION REIMBURSEMENT AGREEMENT
LG-1 REV. 1/2024
AGREEMENT NUMBER 4CA09647
REGISTRATION NUMBER:

1. This Agreement is entered into between the State Agency and the Local Agency named below:

STATE AGENCY'S NAME
California Department of Forestry and Fire Protection – (CAL FIRE) LOCAL AGENCY’S NAME
City of Madera

2. The term of this Agreement is: July 1, 2024 through June 30, 2025

3. The maximum amount of this
Agreement is:
$ 6,236,553.00
Six million, two hundred thirty six thousand, five hundred fifty three dollars and zero cents

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

Exhibit A – Scope of Work – Includes page 2 (contact page) in count for Exhibit A 4 pages Exhibit B – Budget Detail and Payment Provisions 2 pages Exhibit C – General Terms and Conditions 7 pages
Exhibit D – Additional Provisions 9 pages
Exhibit E – Description of Other Services 1 pages
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

LOCAL AGENCY California Department of General
Services Use Only LOCAL AGENCY’S NAME
City of Madera
BY (Authorized Signature) DATE SIGNED(Do not type)


PRINTED NAME AND TITLE OF PERSON SIGNING
Santos Garcia - Mayor

ADDRESS
205 West Fourth Street, Madera, CA 93637

STATE OF CALIFORNIA

AGENCY NAME
California Department of Forestry and Fire Protection
BY (Authorized Signature) DATE SIGNED(Do not type)


PRINTED NAME AND TITLE OF PERSON SIGNING
Nathan Barcklay, Assistant Deputy Director, Cooperative Fire ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460
Contractor Name: City of Madera
Contract No.: 4CA09647
Page No.: 2

EXHIBIT A

COOPERATIVE FIRE PROGRAMS

FIRE PROTECTION REIMBURSEMENT AGREEMENT
The project representatives during the term of this agreement will be:

CAL FIRE Unit Chief: MMU Local Agency: City of Madera
Name: Mike van Loben Sels Name: Arnoldo Rodriguez - City Manager
Phone: 559-675-7799 Phone: 559-661-2792
Fax: 559-673-2085 Fax: 559-674-2792
All required correspondence shall be sent through U.S. Postal Service by certified mail and directed to:

CAL FIRE Unit Chief: Mike van Loben Sels Local Agency: City of Madera Section/Unit: MMU Section/Unit: City Clerk
Attention: Justin Macomb Attention: Alicia Gonzales
Address: 200 West Fourth St
Madera, CA 93637
Address: 205 West Fourth Street
Madera, CA 93637
Phone: 559-675-7799 Phone: 559-661-5400
Fax: 559-673-2085 Fax: 559-661-2792
Send an additional copy of all correspondence to:

CAL FIRE
Cooperative Fire Services
P.O. Box 944246
Sacramento, CA 94244-2460

AUTHORIZATION
As used herein, Director shall mean Director of CAL FIRE. This agreement, its terms and conditions are authorized under the Public Resources Code Sections 4141, 4142, 4143 and 4144, as applicable.

Contractor Name: City of Madera
Contract No.: 4CA09647
Page No.: 3

EXHIBIT A

SCOPE OF WORK
Under Public Resources Code Section 4114 and other provisions of law, STATE maintains fire prevention and fire suppression forces including the necessary equipment, personnel, and facilities required to prevent and extinguish forest fires.

The purpose of this agreement is to provide mutually advantageous fire and emergency services through an effective consolidated organization, wherein the STATE is primarily financially responsible for protecting natural resources from vegetation fires and the LOCAL AGENCY is primarily financially responsible for protecting life and property from fires and other emergencies. The LOCAL AGENCY shall have sole authority to establish the fire protection organization and structure needed to meet the determined level of service. This level of service may be based on the LOCAL AGENCY governing board’s established fiscal parameters and assessment of risks and hazards. LOCAL AGENCY personnel providing services under this agreement may include any one or a combination of the following: regular employees, persons temporarily employed and commonly known as volunteers, paid-call firefighters, or others temporarily employed to perform any emergency work or emergency service including, but not limited to fire prevention, fire suppression and emergency medical response.

To comply with the STATE’s mandate for full cost recovery of goods and services provided for others, the LOCAL AGENCY shall be responsible for all STATE costs, both direct and indirect, required to execute the terms of this agreement. These costs shall include, but not be limited to: required training and associated post coverage, employee uniform and Personal Protective Equipment (PPE) costs.

1. FIRE PROTECTION SERVICES TO BE PROVIDED BY THE STATE STATE provides a modern, full service fire protection and emergency incident management agency that provides comprehensive fire protection and other emergency incident response. STATE designs regional fire protection solutions for urban and rural communities by efficiently utilizing all emergency protection resources. Regional solutions provide the most effective method of protecting the citizens of California at local, county and state levels.

Fire protection services to be provided by STATE under this agreement shall include the following:
(check boxes below that apply)
1) Emergency Fire Protection, Medical and Rescue Response: services include commercial, residential, and wildland fire protection, prevention and investigation; hazardous materials incident response; emergency vehicle extrication; hazardous conditions response (flooding, downed power lines, earthquake, terrorist incident, etc.); emergency medical and rescue response; and public service assistance. Also included are management support services that include fire department administration, training and safety, personnel, finance and logistical support.
2) Basic Life Support Services: emergency medical technician (EMT) level emergency medical response providing first aid, basic life support (BLS), airway management, administration of oxygen, bleeding control, and life support system stabilization until patients are transported to the nearest emergency care facility.
3) Advanced Life Support Services: paramedic level emergency medical response providing early advanced airway management, intravenous drug therapy, and life support system stabilization until patients are transported to the nearest emergency care facility. 4) Dispatch Services: provide fire department 9-1-1 emergency dispatch by CAL FIRE Fire/Emergency Command Center (ECC). CAL FIRE will be responsible for fire/emergency Contractor Name: City of Madera
Contract No.: 4CA09647
Page No.: 4
dispatching emergency resource units covered under this agreement. The CAL FIRE ECC is staffed with a Battalion Chief, three or more Fire Captains and Communications Operators to provide 24/7 year-round coverage. There is always an officer of Captain rank or higher to serve as the shift supervisor and command officer. CAL FIRE uses an integrated Computer Aided Dispatch (CAD) system using the latest technology, to direct the closest available resources to all emergency incidents.
5) Fire Code Inspection, Prevention and Enforcement Services: CAL FIRE has staff Fire Inspectors serving under the direction of the LOCAL AGENCY Fire Marshal to provide services to the area covered by this agreement. Fire Code Enforcement will normally be available five days per week, with emergency or scheduled enforcement inspections available seven days per week.

Fire Prevention and Investigation services will be provided by CAL FIRE Prevention Officers trained in arson, commercial, and wildland fire investigation. Officers are available by appointment for site visits and consultations. Officers are trained at CAL FIRE’s Peace Officer Standard Training (POST) certified law enforcement training academy and they cooperate effectively with all local, state and federal law enforcement agencies.
6) Land Use/ Pre-Fire Planning Services – CAL FIRE staff will provide community land use planning, administration of Pre-Fire project work, including community outreach, development of community education programs, project quality control, maintenance of project records and submittal of progress reports, completion of required environmental documentation, acquisition of required permits and completion of other associated administrative duties. 7) Disaster planning services (listed in Exhibit E, Description of Other Services, attached hereto and made a part of this agreement)
8) Specific service descriptions and staffing coverage, by station (listed in Exhibit E, Description of Other Services, attached hereto and made a part of this agreement) 9) Extended Fire Protection Service Availability (Amador)

2. ADMINISTRATION
Under the requirements of California Public Resources Code Section 4114 and other provisions of law, STATE maintains fire prevention and firefighting services as outlined in Exhibit D, Schedule B of this agreement.

A. Director shall select and employ a Region Chief who shall, under the direction of the Director/Chief Deputy Director, manage all aspects of fire prevention and fire protection services and forestry-related programs.

B. Director will select and employ a Unit Chief who shall, under the supervision and direction of Director/Region Chief or a lawful representative, have charge of the organization described in Exhibit D, Schedules A, B and C included hereto and made a part of this agreement.

C. LOCAL AGENCY shall appoint the Unit Chief as the LOCAL AGENCY Fire Chief for all Emergency Fire Protection, Medical and Rescue Response Agreements, pursuant to applicable statutory authority. The Unit Chief may delegate this responsibility to qualified staff.

D. The Unit Chief may dispatch personnel and equipment listed in Exhibit D, Schedules A, B and C from the assigned station or location under guidelines established by LOCAL AGENCY and approved by STATE. Personnel and/or equipment listed in Exhibit D, Schedule B may be dispatched at the sole discretion of STATE.

Contractor Name: City of Madera
Contract No.: 4CA09647
Page No.: 5
E. The Unit Chief shall exercise professional judgment consistent with STATE policy and his or her employment by STATE in authorizing or making any assignments to emergencies and other responses, including assignments made in response to requests for mutual aid.

F. Except as may be otherwise provided for in this agreement, STATE shall not incur any obligation on the part of LOCAL AGENCY to pay for any labor, materials, supplies or services beyond the total set forth in the respective Exhibit D, Schedules A and C, as to the services to be rendered pursuant to each Schedule.

G. Nothing herein shall alter or amend or be construed to alter or amend any Collective Bargaining Agreement or Memorandum of Understanding between the State of California and its employees under the State Employer-Employee Relations Act.

3. SUPPRESSION COST RECOVERY
As provided in Health and Safety Code (H&SC) Section 13009, STATE may bring an action for collection of suppression costs of any fire caused by negligence, violation of law, or failure to correct noticed fire safety violations. When using LOCAL AGENCY equipment and personnel under the terms of this agreement, STATE may, at the request of LOCAL AGENCY, bring such an action for collection of costs incurred by LOCAL AGENCY. In such a case LOCAL AGENCY appoints and designates STATE as its agent in said collection proceedings. In the event of recovery, STATE shall deduct fees and litigation costs in a proportional percentage amount based on verifiable and justifiable suppression costs for the fire at issue. These recovery costs are for services provided which are beyond the scope of those covered by the local government administrative fee.

In all such instances, STATE shall give timely notice of the possible application of H&SC Section 13009 to the representative designated by LOCAL AGENCY.

4. MUTUAL AID
When rendering mutual aid or assistance as authorized in H&SC Sections 13050 and 13054, STATE may, at the request of LOCAL AGENCY, demand payment of charges and seek reimbursement of LOCAL AGENCY costs for personnel, equipment and operating expenses as funded herein, under authority given by H&SC Sections 13051 and 13054. STATE, in seeking said reimbursement pursuant to such request of LOCAL AGENCY, shall represent LOCAL AGENCY by following the procedures set forth in H&SC Section 13052. Any recovery of LOCAL AGENCY costs, less expenses, shall be paid or credited to LOCAL AGENCY, as directed by LOCAL AGENCY.

In all such instances, STATE shall give timely notice of the possible application of H&SC Sections 13051 and 13054 to the officer designated by LOCAL AGENCY.

5. PROPERTY PURCHASE AND ACCOUNTING
LOCAL AGENCY shall be responsible for all costs associated with property required by personnel to carry out this agreement. Employee uniform costs will be assessed to the LOCAL AGENCY through the agreement billing process. Personal Protective Equipment (PPE) costs shall be the responsibility of the LOCAL AGENCY. By mutual agreement, PPE meeting the minimum specifications established by the STATE may be purchased directly by the LOCAL AGENCY. Alternately, the STATE will supply all PPE and the LOCAL AGENCY will be billed for costs incurred.

All property provided by LOCAL AGENCY and by STATE for the purpose of providing fire protection services shall be marked and accounted for by the Unit Chief in such a manner as to conform to the regulations, if any, established by the parties for the segregation, care, and use of the respective properties.

Contractor Name: City of Madera
Contract No.: 4CA09647
Page No.: 6

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. PAYMENT FOR SERVICES
A. LOCAL AGENCY shall pay STATE actual cost for fire protection services pursuant to this agreement an amount not to exceed that set forth in Exhibit D, Schedule A for each fiscal year. STATE shall prepare an Exhibit D, Schedule A each year, which shall be the basis for payment for the entire fiscal year for which services are provided.

B. Any other funds designated by LOCAL AGENCY to be expended under the supervision of or for use by a Unit Chief for fire protection services shall be set forth in Exhibit D, Schedule C. This clause shall not limit the right of LOCAL AGENCY to make additional expenditures, whether under Exhibit D, Schedule C or otherwise.

C. STATE shall invoice LOCAL AGENCY for the cost of fire protection services on a quarterly basis as follows:
1) For actual services rendered by STATE during the period of July 1 through September 30, by an invoice filed with LOCAL AGENCY on or after December 10. 2) For actual services rendered by STATE during the period October 1 through December 31, by an invoice filed with LOCAL AGENCY on or after December 31. 3) For actual services rendered by STATE during the period January 1 through March 31, by an invoice filed with LOCAL AGENCY on or after March 31. 4) For the estimated cost of services during the period April 1 through June 30, by an invoice filed in advance with LOCAL AGENCY on or after March 1. 5) A final statement shall be filed with LOCAL AGENCY by October 1 following the close of the fiscal year, reconciling the payments made by LOCAL AGENCY with the cost of the actual services rendered by STATE and including any other costs as provided herein, giving credit for all payments made by LOCAL AGENCY and claiming the balance due to STATE, if any, or refunding to LOCAL AGENCY the amount of any overpayment.
6) All payments by LOCAL AGENCY shall be made within thirty (30) days of receipt of invoice from STATE, or within thirty (30) days after the filing dates specified above, whichever is later.
7) The STATE reserves the right to adjust the frequency of billing and payment to a monthly cycle with a thirty (30) day written notice to the LOCAL AGENCY when:
a. The Director predicts a cash flow shortage, or
b. When determined by the Region Chief, after consulting with the Unit Chief and the LOCAL AGENCY Contract Administrator, that the LOCAL AGENCY may not have the financial ability to support the contract at the contract level.

D. Invoices shall include actual or estimated costs as provided herein of salaries and employee benefits for those personnel employed, charges for operating expenses and equipment and the administrative charge in accordance with Exhibit D, Schedule A.

When "contractual rates" are indicated, the rate shall be based on an average salary plus all benefits. "Contractual rates" means an all-inclusive rate established in Exhibit D, Schedule A for total costs to STATE, per specified position, for 24-hour fire protection services during the period covered.

Contractor Name: City of Madera
Contract No.: 4CA09647
Page No.: 7
E. STATE shall credit the LOCAL AGENCY, or cover behind at no cost, for the costs of Non-post (e.g. Fire Marshal, Training Officer, etc.) positions and equipment assigned to STATE responsibility fires or other STATE funded emergency incidents. The STATE shall notify the LOCAL AGENCY when this occurs.

2. COST OF OPERATING AND MAINTAINING EQUIPMENT AND PROPERTY The cost of maintaining, operating, and replacing any and all property and equipment, real or personal, furnished by the parties hereto for fire protection purposes, shall be borne by the party owning or furnishing such property or equipment unless otherwise provided for herein or by separate written agreement.

3. BUDGET CONTINGENCY CLAUSE
A. If the LOCAL AGENCY’s governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein.

B. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein.

C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein.

D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein.

E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement.

F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement.

Contractor Name: City of Madera
Contract No.: 4CA09647
Page No.: 8

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. STATE will not commence performance until such approval has been obtained.

2. AMENDMENT: This agreement may be amended by mutual consent of LOCAL AGENCY and STATE. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

If during the term of this agreement LOCAL AGENCY shall desire a reduction in STATE civil service employees assigned to the organization provided for in Exhibit D, Schedule A, LOCAL AGENCY shall provide 120 days written notice of the requested reduction. Notification shall include the following: (1) The total amount of reduction; (2) The firm effective date of the reduction; and (3) The number of employees, by classification, affected by a reduction. If such notice is not provided, LOCAL AGENCY shall reimburse STATE for relocation costs incurred by STATE as a result of the reduction. Personnel reductions resulting solely from an increase in STATE employee salaries or STATE expenses occurring after signing this agreement and set forth in Exhibit D, Schedule A to this agreement shall not be subject to relocation expense reimbursement by LOCAL AGENCY.

If during the term of this agreement costs to LOCAL AGENCY set forth in any Exhibit D, Schedule A to this agreement increase and LOCAL AGENCY, in its sole discretion, determines it cannot meet such increase without reducing services provided by STATE, LOCAL AGENCY shall within one hundred twenty (120) days of receipt of such Schedule notify STATE and designate which adjustments shall be made to bring costs to the necessary level. If such designation is not received by STATE within the period specified, STATE shall reduce services in its sole discretion to permit continued operation within available funds.

3. ASSIGNMENT: This Agreement is not assignable by the LOCAL AGENCY either in whole or in part, without the consent of the STATE in the form of a formal written amendment.

4. EXTENSION OF AGREEMENT:

A. One year prior to the date of expiration of this agreement, LOCAL AGENCY shall give STATE written notice of whether LOCAL AGENCY will extend or enter into a new agreement with STATE for fire protection services and, if so, whether LOCAL AGENCY intends to change the level of fire protection services from that provided by this agreement. If this agreement is executed with less than one year remaining on the term of the agreement, LOCAL AGENCY shall provide this written notice at the time it signs the agreement and the one year notice requirement shall not apply.

B. If LOCAL AGENCY fails to provide the notice, as defined above in (A), STATE shall have the option to extend this agreement for a period of up to one year from the original termination date and to continue providing services at the same or reduced level as STATE determines would be appropriate during the extended period of this agreement. Six months prior to the date of expiration of this agreement, or any extension hereof, STATE shall give written notice to LOCAL AGENCY of any extension of this agreement and any change in the level of fire protection services STATE will provide during the extended period of this agreement.

Services provided and obligations incurred by STATE during an extended period shall be accepted by LOCAL AGENCY as services and obligations under the terms of this agreement.

Contractor Name: City of Madera
Contract No.: 4CA09647
Page No.: 9
C. The cost of services provided by STATE during the extended period shall be based upon the amounts that would have been charged LOCAL AGENCY during the fiscal year in which the extended period falls had the agreement been extended pursuant hereto. Payment by LOCAL AGENCY for services rendered by STATE during the extended period shall be as provided in Exhibit B, Section 1, B of this agreement.

5. AUDIT: STATE, including the Department of General Services and the Bureau of State Audits, and LOCAL AGENCY agree that their designated representative shall have the right to review and to copy any records and supporting documentation of the other party hereto, pertaining to the performance of this agreement. STATE and LOCAL AGENCY agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated, and to allow the auditor(s) of the other party access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. STATE and LOCAL AGENCY agree to a similar right to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

6. INDEMNIFICATION: Each party, to the extent permitted by law, agrees to indemnify, defend and save harmless the other party, its officers, agents and employees from (1) any and all claims for economic losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm, or corporation furnishing or supplying work services, materials or supplies to that party and (2) from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by that party, in the performance of any activities of that party under this agreement, except where such injury or damage arose from the sole negligence or willful misconduct attributable to the other party or from acts not within the scope of duties to be performed pursuant to this agreement; and (3) each party shall be responsible for any and all claims that may arise from the behavior and/or performance of its respective employees during and in the course of their employment to this cooperative agreement.

7. DISPUTES: LOCAL AGENCY shall select and appoint a "Contract Administrator" who shall, under the supervision and direction of LOCAL AGENCY, be available for contract resolution or policy intervention with the STATE’s Region Chief when, upon determination by the designated STATE representative, the Unit Chief acting as LOCAL AGENCY’s Fire Chief under this agreement faces a situation in which a decision to serve the interest of LOCAL AGENCY has the potential to conflict with STATE interest or policy. Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed of within a reasonable period of time by the LOCAL AGENCY and STATE employees normally responsible for the administration of this agreement shall be brought to the attention of the CAL FIRE Director or designee and the Chief Executive Officer (or designated representative) of the LOCAL AGENCY for joint resolution. For purposes of this provision, a “reasonable period of time” shall be ten (10) calendar days or less. STATE and LOCAL AGENCY agree to continue with the responsibilities under this Agreement during any dispute.

8. TERMINATION FOR CAUSE/CANCELLATION:

A. If LOCAL AGENCY fails to remit payments in accordance with any part of this agreement, STATE may terminate this agreement and all related services upon 60 days written notice to LOCAL AGENCY. Termination of this agreement does not relieve LOCAL AGENCY from providing STATE full compensation in accordance with terms of this agreement for services actually rendered by STATE pursuant to this agreement.

Contractor Name: City of Madera
Contract No.: 4CA09647
Page No.: 10
B. This agreement may be cancelled at the option of either STATE or LOCAL AGENCY at any time during its term, with or without cause, on giving one year’s written notice to the other party. Either LOCAL AGENCY or STATE electing to cancel this agreement shall give one year’s written notice to the other party prior to cancellation.

9. INDEPENDENT CONTRACTOR: Unless otherwise provided in this agreement LOCAL AGENCY and the agents and employees of LOCAL AGENCY, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the STATE.

10. NON-DISCRIMINATION CLAUSE: During the performance of this agreement, LOCAL AGENCY shall be an equal opportunity employer and shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS) mental disability, medical condition (e.g.cancer), age (over 40), marital status, denial of family care leave, veteran status, sexual orientation, and sexual identity. LOCAL AGENCY shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. LOCAL AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. LOCAL AGENCY shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

In addition, LOCAL AGENCY acknowledges that it has obligations relating to ethics, Equal Employment Opportunity (EEO), the Fire Fighter’s Bill of Rights Act (FFBOR), and the Peace Officer’s Bill of Rights Act (POBOR). LOCAL AGENCY shall ensure that its employees comply with all the legal obligations relating to these areas. LOCAL AGENCY shall ensure that its employees are provided appropriate training.

11. TIMELINESS: Time is of the essence in the performance of this agreement.

12. COMPENSATION: The consideration to be paid STATE, as provided herein, shall be in compensation for all of STATE’s expenses incurred in the performance hereof, including travel, per Diem, and taxes, unless otherwise expressly so provided.

13. GOVERNING LAW: This agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

14. CHILD SUPPORT COMPLIANCE ACT: “For any Agreement in excess of $100,000, the LOCAL AGENCY acknowledges in accordance with Public Contract Code 7110, that:

A. The LOCAL AGENCY recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The LOCAL AGENCY, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.” Contractor Name: City of Madera
Contract No.: 4CA09647
Page No.: 11

15. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

16. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY

ACT (HIPAA)
The STATE and LOCAL AGENCY have a responsibility to comply with the provisions of the 1996 Federal Health Insurance Portability and Accountability Act (HIPAA) and the 2001 State Health Insurance Portability and Accountability Implementation Act. HIPAA provisions become applicable once the association and relationships of the health care providers are determined by the LOCAL AGENCY. It is the LOCAL AGENCY’S responsibility to determine their status as a “covered entity” and the relationships of personnel as “health care providers”, “health care clearinghouse”, “hybrid entities”, business associates”, or “trading partners”. STATE personnel assigned to fill the LOCAL AGENCY’S positions within this Agreement, and their supervisors, may fall under the requirements of HIPAA based on the LOCAL AGENCY’S status. It is the LOCAL AGENCY’S responsibility to identify, notify, train, and provide all necessary policy and procedures to the STATE personnel that fall under HIPAA requirements so that they can comply with the required security and privacy standards of the act.

17. LIABILITY INSURANCE
The STATE and LOCAL AGENCY shall each provide proof of insurance in a form acceptable to the other party at no cost one to the other, to cover all services provided and use of local government facilities covered by this agreement. If LOCAL AGENCY is insured and/or self-insured in whole or in part for any losses, LOCAL AGENCY shall provide a completed Certification of Self Insurance (Exhibit D, Schedule E) or certificate of insurance, executed by a duly authorized officer of LOCAL AGENCY. Upon request of LOCAL AGENCY the STATE shall provide a letter from DGS, Office Risk and Insurance Management executed by a duly authorized officer of STATE. If commercially insured in whole or in part, a certificate of such coverage executed by the insurer or its authorized representative shall be provided.

Said commercial insurance or self-insurance coverage of the LOCAL AGENCY shall include the following:

A. Fire protection and emergency services - Any commercial insurance shall provide at least general liability for $5,000,000 combined single limit per occurrence.

B. Dispatch services – Any commercial insurance shall provide at least general liability for $1,000,000 combined single limit per occurrence.

C. The CAL FIRE, State of California, its officers, agents, employees, and servants are included as additional insured’s for purposes of this contract.

D. The STATE shall receive thirty (30) days prior written notice of any cancellation or change to the policy at the addresses listed on page 2 of this agreement.

18. WORKERS COMPENSATION: (only applies where local government employees/volunteers are supervised by CAL FIRE, as listed in Exhibit D Schedule C. STATE contract employees’ workers compensation is included as part of the contract personnel benefit rate).

A. Workers' Compensation and related benefits for those persons, whose use or employment is contemplated herein, shall be provided in the manner prescribed by California Labor Codes, State Interagency Agreements and other related laws, rules, insurance policies, collective bargaining agreements, and memorandums of understanding.

Contractor Name: City of Madera
Contract No.: 4CA09647
Page No.: 12
B. The STATE Unit Chief administering the organization provided for in this agreement shall not use, dispatch or direct any non STATE employees, on any work which is deemed to be the responsibility of LOCAL AGENCY, unless and until LOCAL AGENCY provides for Workers' Compensation benefits at no cost to STATE. In the event STATE is held liable, in whole or in part, for the payment of any Worker's Compensation claim or award arising from the injury or death of any such worker, LOCAL AGENCY agrees to compensate STATE for the full amount of such liability.

C. The STATE /LOCAL AGENCY shall receive proof of Worker’s Compensation coverage and shall be notified of any cancellation and change of coverage at the addresses listed in Section 1.

19. CONFLICT OF INTEREST: LOCAL AGENCY needs to be aware of the following provisions regarding current or former state employees. If LOCAL AGENCY has any questions on the status of any person rendering services or involved with the Agreement, the STATE must be contacted immediately for clarification.

Current State Employees (Public Contract Code §10410):
1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Public Contract Code §10411):
1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If LOCAL AGENCY violates any provisions of above paragraphs, such action by LOCAL AGENCY shall render this Agreement void. (Public Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Public Contract Code §10430 (e))

20. LABOR CODE/WORKERS' COMPENSATION: LOCAL AGENCY needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and LOCAL AGENCY affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

21. AMERICANS WITH DISABILITIES ACT: LOCAL AGENCY assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis Contractor Name: City of Madera
Contract No.: 4CA09647
Page No.: 13
of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

22. LOCAL AGENCY NAME CHANGE: An amendment is required to change the LOCAL AGENCY’S name as listed on this Agreement. Upon receipt of legal documentation of the name change the STATE will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

23. RESOLUTION: A county, city, district, or other local public body must provide the STATE with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

24. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the LOCAL AGENCY shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

25. AFFIRMATIVE ACTION. STATE certifies its compliance with applicable federal and State hiring requirements for persons with disabilities, and is deemed by LOCAL AGENCY to be in compliance with the provisions of LOCAL AGENCY’S Affirmative Action Program for Vendors.

26. DRUG AND ALCOHOL-FREE WORKPLACE. As a material condition of this Agreement, STATE agrees that it and its employees, while performing service for LOCAL AGENCY, on LOCAL AGENCY property, or while using LOCAL AGENCY equipment, shall comply with STATE’s Employee Rules of Conduct as they relate to the possession, use, or consumption of drugs and alcohol.

27. ZERO TOLERANCE FOR FRAUDULENT CONDUCT IN LOCAL AGENCY SERVICES.

STATE shall comply with any applicable “Zero Tolerance for Fraudulent Conduct in LOCAL AGENCY Services.” There shall be “Zero Tolerance” for fraud committed by contractors in the administration of LOCAL AGENCY programs and the provision of LOCAL AGENCY services.

Upon proven instances of fraud committed by the STATE in connection with performance under the Agreement, the Agreement may be terminated consistent with the termination for cause/cancellation term, Exhibit C, section 8, subsection B, of Cooperative Fire Programs Fire Protection Reimbursement Agreement, LG-1, between the California Department of Forestry and Fire Protection (CAL FIRE) and the LOCAL AGENCY.

28. CONFIDENTIAL INFORMATION. “Confidential information” means information designated by CAL FIRE and/or the LOCAL AGENCY disclosure of which is restricted, prohibited or privileged by State and federal law. Confidential Information includes, but is not limited to, information exempt from disclosure under the California Public Records Act (Government Code Sections 6250 et seq.) Confidential Information includes but is not limited to all records as defined in Government Code section 6252 as well as verbal communication of Confidential Information.

Any exchange of Confidential Information between parties shall not constitute a “waiver” of any exemption pursuant to Government Code section 6254.5
CAL FIRE and LOCAL AGENCY personnel allowed access to information designated as Confidential Information shall be limited to those persons with a demonstrable business need for such access. CAL FIRE and LOCAL AGENCY agree to provide a list of authorized personnel in writing as required by Government Code section 6254.5(e). CAL FIRE and the LOCAL Contractor Name: City of Madera
Contract No.: 4CA09647
Page No.: 14
AGENCY agree to take all necessary measures to protect Confidential Information and shall impose all the requirements of this Agreement on all of their respective officers, employees and agents with regards to access to the Confidential Information. A Party to this Contract who experiences a security breach involving Confidential Information covered by this Contract, agrees to promptly notify the other Party of such breach

29. ENTIRE AGREEMENT: This agreement contains the whole agreement between the Parties. It cancels and supersedes any previous agreement for the same or similar services.

Contractor Name: City of Madera
Contract No.: 4CA09647
Page No.: 15

EXHIBIT D

ADDITIONAL PROVISIONS
EXCISE TAX: State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees' wages. STATE will pay any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this agreement. The STATE may pay any applicable sales and use tax imposed by another state.

Schedules
The following Schedules are included as part of this agreement (check boxes if they apply):

A. Fiscal Display, PRC 4142 AND/OR PRC 4144 - STATE provided LOCAL AGENCY funded fire protection services. STATE-owned vehicles shall be operated and maintained in accordance with policies of STATE at rates listed in Exhibit D, Schedule A.

B. STATE Funded Resource - A listing of personnel, crews and major facilities of the STATE overlapping or adjacent to the local agency area that may form a reciprocal part of this agreement.

C. LOCAL AGENCY Provided Local Funded Resources - A listing of services, personnel, equipment and expenses, which are paid directly by the local agency, but which are under the supervision of the Unit Chief.

D. LOCAL AGENCY Owned STATE Maintained Vehicles - Vehicle information pertaining to maintenance responsibilities and procedures for local agency-owned vehicles that may be a part of the agreement.

LOCAL AGENCY-owned firefighting vehicles shall meet and be maintained to meet minimum safety standards set forth in Title 49, Code of Federal Regulations; and Titles 8 and 13, California Code of Regulations.

LOCAL AGENCY-owned vehicles that are furnished to the STATE shall be maintained and operated in accordance to LOCAL AGENCY policies. In the event LOCAL AGENCY does not have such policies, LOCAL AGENCY-owned vehicles shall be maintained and operated in accordance with STATE policies. The cost of said vehicle maintenance and operation shall be at actual cost or at rates listed in Exhibit D, Schedule D.

Exhibit D, Schedule D is incorporated into this section if LOCAL AGENCY-owned vehicles listed in Exhibit D, Schedule D are to be operated, maintained, and repaired by STATE.

LOCAL AGENCY assumes full responsibility for all liabilities associated therewith in accordance with California Vehicle Code Sections 17000, 17001 et seq. STATE employees operating LOCAL AGENCY-owned vehicles shall be deemed employees of LOCAL AGENCY, as defined in Vehicle Code Section 17000. Except where LOCAL AGENCY would have no duty to indemnify STATE under Exhibit C, Section 6 for all LOCAL AGENCY-owned vehicles operated or used by employees of STATE under this agreement.

Contractor Name: City of Madera
Contract No.: 4CA09647
Page No.: 16
LOCAL AGENCY employees, who are under the supervision of the Unit Chief and operating STATE-owned motor vehicles, as a part of the duties and in connection with fire protection and other emergency services, shall be deemed employees of STATE, as defined in Vehicle Code Section 17000 for acts or omissions in the use of such vehicles. Except where STATE would have no duty to indemnify LOCAL AGENCY under Exhibit C, Section 6.

E. Certification of Insurance - Provider Insurance Certification and/or proof of selfinsurance. (LG1 REV. 01/2017)
Contractor Name: City of Madera
Contract No: 4CA09647
Page No.: 17

EXHIBIT D, SCHEDULE A
LOCAL FUNDED – STATE RESOURCES

FISCAL DISPLAY
PRC 4142
NAME OF LOCAL AGENCY: City of Madera
CONTRACT NUMBER: 4CA09647
Index: 4200 PCA: 47920 Fiscal Year: 2024/25 to 2024/25
This is Schedule A of Cooperative Agreement originally dated July 1, 2024, by and between CAL FIRE of the State of California and LOCAL AGENCY.
(See Attached)
Unit: MMU
Agreement Total $6,236,553 4CA09647
47920 PS Total $6,087,651
47920 OE Total $148,902
TOTAL $6,236,553
Fiscal Year 24/25
Contract Name: City of Madera
Contract No.:

Page No.: 18
Fiscal Year: 2024 Sub Total $5,430,554
Index: 4200 Unit: MMU Admin $657,097
PCA 47920 Total $6,087,651 4CA09647
PRC: 4142
Comments Overtime Total: $355,075
Staff Benefit Rate as of 7/1/24 for POF Classifications 74.87% Staff Benefit Rate as of 7/1/24 for SAF Classifications 64.68% Staff Benefit Rate as of 7/1/24 for MIS Classifications 77.30% Number of
Positions Classification/ad-ons (Pick From List) RET. Period Salary Months Salary
Rate Total Salary EDWC Rate EDWC Periods Total EDWC Salary Benefits FFI UI EDWC Benefits Total Salary &
EDWC
Total Position
Cost
2 Battalion Chief (Nonsupervisory) POF 12 $7,447 $178,728 $4,449 12 $106,776 $133,814 $0 $41,685 $461,003 $514,945 2 Education Incentive Pay Differential POF 12 $150 $3,600 $0 $2,695 $0 $6,295 1 Hazmat Pay Differential POF 12 $150 $1,800 $0 $1,348 $0 $3,148 1 Longevity Pay Differential - 9% POF 12 $0 $8,043 $0 $6,022 $0 $14,064 POF $0 $0 $0 $0 $0 $0
Overtime POF $30,000 $0 $435 $0 $30,435
7 Fire Captain, Range A POF 12 $6,416 $538,944 $3,845 12 $322,980 $403,507 $0 $126,091 $1,391,523 $1,569,534 7 Education Incentive Pay Differential POF 12 $150 $12,600 $0 $9,434 $0 $22,034

4.5 Longevity Pay Differential - 9% POF 12 $0 $31,182 $0 $23,346 $0 $54,528 POF $0 $0 $0 $0 $0 $0
POF $0 $0 $0 $0 $0 $0
Overtime POF $100,000 $0 $1,450 $0 $101,450
13 Fire Apparatus Engineer POF 12 $5,718 $892,008 $3,435 12 $535,860 $667,846 $0 $209,200 $2,304,914 $2,591,446 9 Hazmat Pay Differential POF 12 $150 $16,200 $0 $12,129 $0 $28,329 7 Longevity Pay Differential - 9% POF 12 $0 $43,228 $0 $32,365 $0 $75,593 7 Education Incentive Pay Differential POF $150 $0 $0 $0 $0 $0 POF $0 $0 $0 $0 $0 $0
Overtime POF $180,000 $0 $2,610 $0 $182,610
3 Fire Fighter II POF 12 $5,155 $185,580 $3,105 12 $111,780 $138,944 $0 $43,639 $479,943 $520,523 POF $0 $0 $0 $0 $0 $0
POF $0 $0 $0 $0 $0 $0
POF $0 $0 $0 $0 $0 $0
POF $0 $0 $0 $0 $0 $0
Overtime POF $40,000 $0 $580 $0 $40,580

1.5 Communications Operator, Range A SAF 12 $6,208 $111,744 $0 0 $0 $72,276 $0 $0 $184,020 $193,011

1.5 Night-Shift Pay Differential SAF 12 $303 $5,460 $0 $3,531 $0 $8,991 SAF $0 $0 $0 $0 $0 $0
SAF $0 $0 $0 $0 $0 $0
SAF $0 $0 $0 $0 $0 $0
Overtime SAF $0 $0 $0 $0

0.5 Office Assistant (Typing), Range A MIS 12 $3,863 $23,178 $0 0 $0 $17,917 $0 $0 $41,095 $41,095 MIS $0 $0 $0 $0 $0 $0
MIS $0 $0 $0 $0 $0 $0
MIS $0 $0 $0 $0 $0 $0
MIS $0 $0 $0 $0 $0 $0
Overtime MIS $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
This is a Schedule A - 4142 of the Cooperative Agreement, dated July 1, 2024 between City of Madera and The California Department of Forestry and Fire Protection (CAL FIRE) Contract Name: City of Madera
Contract No.:

Page No.: 19
CAL FIRE Unit Chief
CAL FIRE Region Chief
Mike van Loben Sels
David Fulcher
Fiscal Year: 2024 $145
Index: 4200 $132,830
PCA: 47920 $16,072
PRC: 4142 $148,902 20
Comments

1.45%
Category (Pick from List) Details Number Months Rate Sub-Total Uniform Benefits Total UNIFORM ALLOWANCE FOR BU8 27.00 12.00 $178 $ 57,510 $ 57,655 145 $ UNIFORM ALLOWANCE FOR COMM OP 1.50 12.00 $104 $ 1,875 0 $ 1,875 GENERAL EXPENSE 1.00 1.00 $10000 $ 10,000 $ 10,000
COMMUNICATIONS 1.00 12.00 $500 $ 6,000 0 $ 6,000
UTILITIES 1.00 1.00 $300 $ 300 0 $ 300
TRAINING 1.00 1.00 $1000 $ 1,000 0 $ 1,000
TRAVEL 1.00 1.00 $6000 $ 6,000 0 $ 6,000
OTHER ITEMS OF EXPENSE Safety Gear 1.00 1.00 $50000 $ 50,000 0 $ 50,000 $ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
4CA09647
Total Page No.:

This is a Schedule A - 4142 of the Cooperative Agreement, dated July 1, 2024 between City of Madera and The California Department of Forestry and Fire Protection (CAL FIRE) Uniform Benefits Contract Name:

Sub Total
Admin Contract No.:

City of Madera
(LG1 REV. 01/2017)
Contractor Name: City of Madera
Contract No: 4CA09647
Page No.: 21

EXHIBIT D, SCHEDULE C

LOCAL FUNDED LOCAL RESOURCES

ASSIGNED TO THE CAL FIRE UNIT
NAME OF LOCAL AGENCY:City of Madera
This is Schedule C of Cooperative Agreement originally dated July 1, 2024, by and between CAL FIRE of the State of California and LOCAL AGENCY.

FISCAL YEAR: 2024/25 to 2024/25
(See Attached)
Contractor Name: City of Madera
Contract No: 4CA09647
Page No.: 22

EXHIBIT D, SCHEDULE C

LOCAL FUNDED LOCAL RESOURCES

ASSIGNED TO THE CAL FIRE UNIT
NAME OF LOCAL AGENCY: City of Madera
This is Schedule C of Cooperative Agreement originally dated July 1, 2024 by and between CAL FIRE of the State of California and City of Madera.

FISCAL YEAR: 2024-2025
Fire Stations:

Madera City Station 56
Madera City Station 57
Madera City Station 58
Equipment:
3-Pick up Trucks
 2023 Chevy 2500 (B51)
 2017 Ford F-250 (B50)
 2006 Chevy 1500 (Utility7)
5-Fire Engines
 2022 Rosenbauer Cumming ISL9
 2016 Spartan (E-56) Cummings ISL9
 2008 Spartan (E-57) Cummings ISL9
 2002 Spartan (E-258) Cummings ISM-450
 1990 Grumman (E-257) Detroit Series 92 307hp
1- Ladder Truck
 2017 Rosenbauer 105’ Aerial (T58) Cummings ISL9 550hp 1- Type 6 Patrol
 2009 Ferrara F550 (E-656) 6.0PSD
1- Portable Air Unit
1- Honda 1000 Side by SIde
(LG1 REV. 01/2017)
Contractor Name: City of Madera
Contract No: 4CA09647
Page No.: 23

EXHIBIT D, SCHEDULE E
This is Schedule E of Cooperative Agreement originally dated July 1, 2023, by and between the CAL FIRE of the State of California and LOCAL AGENCY
NAME OF LOCAL AGENCY:City of Madera
The CAL FIRE, State of California and its officers, agents, employees, and servants are included as additional insured for the purposes of this contract. The State shall receive thirty (30) days prior written notice of any cancellation or change to the policy at the addresses listed in LG1,

Page 2 ends

FISCAL YEAR: 2024/25 to 2024/25

SELF-INSURANCE CERTIFICATION BY LOCAL AGENCY FOR

TORT LIABILITY
This is to certify that LOCAL AGENCY has elected to be self-insured under the self-insurance provision provided in Exhibit C, Section 17.

By:

Signature Printed Name
Title Date

SELF-INSURANCE CERTIFICATION BY LOCAL AGENCY
FOR

WORKER'S COMPENSATION BENEFITS
This is to certify that LOCAL AGENCY has elected to be self-insured for Workers' Compensation benefits which comply with Labor Code Section 3700 as provided in Exhibit C, Section 18.

By:

Signature Printed Name
Title Date

SELF-INSURANCE CERTIFICATION BY LOCAL AGENCY
FOR

LOCAL AGENCY-OWNED VEHICLES
This is to certify that LOCAL AGENCY has elected to be self-insured for local agency-owned vehicles under the self-insurance provision provided in Exhibit D, Schedule D.

By:

Signature Printed Name
Title Date
Contractor Name: City of Madera
Contract No: 4CA09647
Page No.: 24

EXHIBIT E

DESCRIPTION OF OTHER SERVICES
FISCAL YEAR: 2024/2025
Administration:

Duties and Responsibilities of the:

Madera City Fire Chief:

The Madera-Mariposa-Merced Unit Chief, acts as the Madera City Fire Chief in accordance with the California Department of Forestry & Fire Protection (CAL FIRE) Cooperative Fire Protection Agreement and is appointed by the Madera City Council to serve in that capacity. The Fire Chief serves at the direction of, and receives overall administrative policy guidance from, the City Manager. The Fire Chief provides leadership, guidance and management direction in all Fire Department activities; including personnel and administrative issues. The Fire Chief directs and is responsible for major department programs which include; performing and coordinating personnel management, organizational staffing, financing, equipment management and maintenance, communications and records, fire prevention and suppression methods, assisting in disaster preparedness, and laws, rules and regulations relating to the fire department and the control and prevention of fires.

The Fire Chief provides direction to staff in coordination of the preparation, development, and expenditures of the Schedule A and C budgets; the maintenance, repair, improvement, and replacement of equipment, fire stations, and other facilities; the inventory and requisitioning of materials, supplies, and equipment; the continuing development and utilization of a fire communications system; and the preparation of records and reports including inspections of the fire company equipment and facilities as necessary.

In an effort to improve fire protection, and because cooperative and regional fire protection assists all agencies in reducing costs, improved response times and enhanced staffing levels; the Fire Chief will work with the City Manager, and seek approval through the City Council, in the coordination and facilitation of any Automatic Aid/Mutual Aid Agreements for fire protection between Madera City, the Counties that lie contiguous to Madera City and the City Chowchilla.

REPORT TO CITY COUNCIL
Approved by:
______________________________
Council Meeting of: June 5, 2024
Agenda Number: D-4
Keith Helmuth, Department Director
______________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Purchase of Real Property Located at 16564 N. Lake Street (APN: 038-030-028) for the Northeast Water Storage Tank
RECOMMENDATION:

Adopt a Resolution:

1. Approving the Agreement for the Purchase and Sale of a portion of Real Property located at 16564 N. Lake Street (APN: 038-030-028) for $222,000 and Joint Escrow Instructions; and

2. Accepting the Grant Deed
SUMMARY:

Presented herein is an agreement for the Purchase and Sale of Real Property and Joint Escrow Instructions (Agreement) for the acquisition of the southern 2.89-acre portion of a larger 7.54- acre parcel (APN: 038-030-028) at 16564 N. Lake Street in the County. The purpose of this acquisition is to facilitate the construction of the new Northeast Water Storage Tank. The parcel, currently zoned AR-5 (Agricultural Rural), is strategically located to support the City's water infrastructure and is sized to house two 2.5 million gallons (MG) water storage tanks; however, only a single tank is anticipated in the immediate future.

DISCUSSION:

Today, the City relies entirely on groundwater for 100 percent of its water supply, with one active water storage tank, the Cook Water Tower. This elevated tank currently provides 1 MG of storage capacity and is undergoing renovation. The City's water distribution network is comprised of approximately 200 miles of water lines serving 15,308 connections, with 19 groundwater pumps.

In response to the growing demand for water supply capacity, the City is actively planning the development of additional water infrastructure. One such project involves the establishment of a new well No. 37 at the northwest intersection of N. Granada Drive and W. Cleveland Avenue to augment the existing supply.

Need for additional water storage
The need for increased water storage capacity has been well-documented, most recently highlighted in the 2014 Water System Master Plan. This comprehensive plan proposed the development of a robust infrastructure system to meet the growing demands of our community's water supply and identified the necessity for additional storage facilities to meet fire flow demand and to ensure the reliability and resilience of the City's water supply infrastructure.

This project was initially identified in the 2014 Water System Master Plan. The plan outlined the construction of a new 6.75 MG ground-level storage tank, pump station, and associated transmission mains in northeast Madera. These facilities were scheduled to be implemented between 2016 and 2020.

While the master plan originally called for a 6.75 MG storage tank, a reassessment of water usage trends and demand projections led to a revision of the project scope.

The reduced tank need was discussed at City Council on:

1. December 19, 2018: Status Report during a workshop

2. May 19, 2019: Workshop to present Technical Memorandum 1 Demand Analysis, Tank Configuration, Material Evaluation, Pipeline Routing and Budgetary Estimate for the Project
On May 15, 2019, the City Council approved the concept for the initial construction of a 2.5 MG tank, reflecting the reduced per capita water demands observed in recent years, as shown in Graph 1. Additionally, the Council authorized the purchase of a site large enough to accommodate a second 2.5 MG tank when future water demand increases, allowing for scalable infrastructure development aligned with our community's evolving needs.

The current and future storage tanks will be smaller than originally planned. This decision was informed by comprehensive analysis and reflects our commitment to responsible stewardship of public resources.
0 10,000
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City Population
Acre Feet of Water
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Graph 1: Water Usage and Population in City since 2000
Acre Feet Population
What is planned for this parcel?
As outlined in the Master Plan, the proposed property acquisition aims to facilitate the construction of:
 A new 2.5 MG water storage tank
 Pump station, electrical facilities and auxiliary generator  Future expansion to accommodate a second 2.5 MG water storage tank and associated pump station
 On-site asphalt paving, perimeter fencing and landscaping The water tanks will be at ground level or slightly depressed to keep the overall height of the tank at approximately 35 feet. The site's perimeter will be fenced and landscaped with trees to mask the outline and overall look of the tank.

Site selection
Carollo Engineers, the City’s consultant, was tasked with identifying properties for a new water storage tank in the city's northeast quadrant. This area was selected given that northeast(NE) Madera could benefit from improved water pressure, quality, and supply. Localized areas of the NE area suffer from elevated heavy metals in the groundwater. Water containing heavy metals is not used in the City’s water supply, requiring staff to search for non-contaminated areas to drill new wells. The zone also suffers from low water volume extracted in each well drilled, requiring extra wells to supply the requisite water. While the water in NE Madera has certain deficiencies, the water west of Highway 99 has excellent water quality and better volume, resulting in greater water capacity per well. During off-peak periods, water will be pumped to the tank via the new transmission main connecting to the looped system near Avenue 17 and Highway 99. The water will be used for general use, to meet fire flow requirements and water demand during drought conditions or hot summer days.

To determine potential sites, staff:

1. Identified 10 sites to further evaluate.

2. Letters were mailed to property owners to gauge their interest.

3. Each site was evaluated and ranked based on:
 Percentage of parcel needed (take)
 Offsite improvement costs
 Current use
 Assessed property value
 Current zoning and current development plans
 Surrounding land uses
Of the 10 sites, 7 were west of D Street and 3 were east of D Street. Sites were evaluated based on the factors listed above and the original list of 10 sites was ranked. One site was being considered for commercial development and was dropped from the list based on better property use, and another site was on the Avenue 17 alignment, which was not the alignment chosen for this project. Ultimately staff sent interest letters to eight property owners to gauge property owners’ interest in selling. Two sites responded with positive interest in selling all or a portion of their property to the City. These two sites were evaluated for cost and optimal water transmission delivery, with the primary goal of delivering water to NE Madera. Of these two sites, the 16564 N. Lake Street site was selected as the most beneficial parcel for the needs of the City.

The Lake Street property was optionally chosen because:
 Location: The water supply will benefit from water supply augmentation. The groundwater in the NE zone suffers from high mineral content and the wells provide low volume yield.
 Lower cost for development
 A willing seller
 Proximity to future India Park immediately to the west FINANCIAL IMPACT:

The property's purchase price is $222,000. Funding for the purchase and associated acquisition costs is included in the Fiscal Year 2023/24 Capital Projects Budgets from Water Utility Funds (i.e., water utility ratepayers) for the Project.

ALTERNATIVES:

An alternative would be to not approve or postpone the acquisition of the property. Such action would require staff to review other sites suitable for purchase in compliance with the 2014 Water Master Plan.

ATTACHMENTS:

1. Location Map

2. Offer Letter dated January 9, 2024

3. Resolution
Exhibit A - Agreement for Purchase and Sale of Real Property Exhibit A – Legal description for the City of Madera Tank Site Exhibit B - Grant Deed
Exhibit A - Legal Description
Attachment 1
Location Map
Source: Esri, Maxar, Earthstar Geographics, and the GIS User

CITY TANK SITE
468 FT
2 6
9 F
T
LEGEND
TANK
PUMP

EQUIPMENT
APN 038-030-028
L
A
K
E
S
T
R
E
E
T

TANK SITE TO BE ACQUIRED

PUMP EQUIPMENT

TANK FUTURE TANK
/ / /
/
Attachment 2
Offer Letter
City of Madera Engineering, 428 East Yosemite Avenue, Madera, CA 93638 PHONE: (559) 661-5418 • www.madera.gov

OFFICE OF ENGINEERING
January 29, 2024
Mr. Francisco A. Holguin
27722 Pina Street
Madera, CA 93638
SUBJECT: FORMAL OFFER/SUMMARY STATEMENT/ACQUISITION

INFORMATION FOR A PORTION OF YOUR PROPERTY LOCATED
AT 16564 N. LAKE STREET, MADERA, CA
RE: ASSESSOR PARCEL NO. 038-030-028
Dear Mr. Holguin,
The staff of the City of Madera is proposing to recommend to the City Council the acquisition of a portion of the above parcel for the construction of a new 2.5-million-gallon water storage tank, space for a future second 2.5-million-gallon tank, and new pump station at the above referenced property (the Project). The property needed is the southern portion of land with dimensions of 269.01 feet by 468.42 feet. This totals 10,760 square feet or 2.89 acres of land at the southern corner of your parcel. A legal description and diagram of the portion of the parcel under consideration for acquisition is attached to the Agreement for Purchase & Sale of Real Property.

In accordance with the California Government Code Section 7267.2, this letter constitutes the City of Madera’s formal offer to purchase the portion of your land and improvements described in the attachments for the price of $222,000.00.

While the staff proposes to recommend the described acquisition to the City Council of the City of Madera for this project, no decision to acquire can be made until the Council formally acts to approve the Agreement for Purchase and Sale for this acquisition. Nothing in this letter is meant to pre-commit the City Council or otherwise limit the options available to the City Council.

Therefore, this offer, if accepted, and the described acquisition are conditional upon and require the approval of the City Council.

City of Madera Engineering, 428 East Yosemite Avenue, Madera, CA 93638 PHONE: (559) 661-5418 • www.madera.gov
It is our sincere desire that the land be acquired amicably, expeditiously, and by negotiation, given the approval of the City Council. To this end, California Government Code '7267.2(a) provides, that prior to initiating negotiations for the acquisition of real property, that City shall:
 Make an offer to the Owner of Record (Owner) to acquire the property and improvements for the full amount that the public entity has established as just compensation.
 Which offer is not less than the public entity's fair market value of the property; and
X Provide the Owner with a written statement of, and summary of the basis for, the amount the City established as just compensation.

The purpose of this letter is to convey the attached offer and written statement of the basis for the amount that City established as just compensation so that City may initiate negotiations regarding the proposed acquisition of the described property.

California Government Code '7267.1 provides that a public entity shall make every reasonable effort to acquire expeditiously real property by negotiation rather than by litigation in the form of an eminent domain action. Please consider this offer as being made in the spirit of avoiding any litigation and not as an admission of value.

An appraisal for the property was completed on September 25, 2023 by:

Real Property Analysis
5633 N. Fig Garden Drive, Suite 105
Fresno, CA 93722
The fair market value determined by the appraisal report was $222,000.00 for the property. A copy of the appraisal report is attached to this letter.

The City’s proposed offer for the amount established as just compensation is $222,000.00 for

2.89 acres of land (269.01 feet by 468.42 feet at $75,000 per acre) and improvements.

Attached documents for City Council approval are the Purchase Agreement and Easement Deed.

A Right of Entry Permit is also included herein. If you accept the offer, please sign the Agreement, and send it to the City of Madera, Engineering Department, 428 E. Yosemite Ave., Madera, CA, 93638. You will have an opportunity to consider the offer, acquisition information and the terms of the contract. The City’s representative will be available to discuss the acquisition under consideration with you. Please call him within 7 days of the date in this letter.

City of Madera Engineering, 428 East Yosemite Avenue, Madera, CA 93638 PHONE: (559) 661-5418 • www.madera.gov
Please note that the signatures on the Grant Deed must be signed in the presence of a Notary Public. An appointment can be made to provide the notary service by City staff. Should you have any questions or need an appointment, please contact the City’s representative Matt Bullis (559) 975-3393 cell.

Very truly yours,
Keith Brent Helmuth, P.E.

City Engineer
Attach: A. Agreement for Purchase and Sale of Real Property a. Exhibit A – Legal Description of Property
b. Exhibit B - Grant Deed
B. Appraisal Report
Cc: M. Bullis
City of Madera Engineering, 428 East Yosemite Avenue, Madera, CA 93638 PHONE: (559) 661-5418 • www.madera.gov

ATTACHMENT A

AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY

UNDER THREAT OF CONDEMNATION AND JOINT ESCROW

INSTRUCTIONS
1 AGREEMENT FOR PURCHASE AND SALE

OF REAL PROPERTY UNDER THREAT OF CONDEMNATION

AND JOINT ESCROW INSTRUCTIONS

THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY UNDER THREAT OF CONDEMNATION AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is made this ___ day of ________, 202__ (“Agreement Date”) by and among the CITY OF MADERA, a municipal corporation (“Buyer”), FRANCISCO HOLGUIN AND ANTONIA HOLGUIN (“Seller”) and PLACER TITLE INSURANCE COMPANY, a corporation (“Escrow Holder” and “Title Company”).

R E C I T A L S:

A. Seller owns that certain improved rural residential real property consisting of approximately 2.89 acres located at 16564 North Lake Street in the City of Madera, County of Madera, State of California, (APN 038-030-028) (“Property”).

B. Buyer commenced the process of acquiring the Property through condemnation pursuant to that certain initial letter dated November 2, 2022 (“Condemnation Process”).

C. Buyer and Seller have negotiated in good faith and mutually agreed for the acquisition of the Property by the City pursuant to the terms of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties hereto agree as follows:

TERMS AND CONDITIONS:

1. PURCHASE AND SALE OF PROPERTY.

1.1 Acquisition of Property. Buyer hereby agrees to purchase from Seller, and Seller agrees to sell to Buyer, the Property. Buyer is acquiring the Property for a public purpose.

1.2 Waiver and Release. The Compensation Amount (defined in Section 3.1 below) to be paid by Buyer to Seller is all-inclusive of Seller’s interest in the Property and all damages of every kind and nature suffered, or to be suffered as a result of Buyer’s acquisition of the Property for public purposes. By execution of this Agreement, Seller and its successors and assigns shall be deemed to have knowingly and voluntarily waived, released and discharged Buyer from liability and responsibility for or related to any right Seller has, has had or in the future may have to any claim for compensation or damages or liability of any kind, whether known, unknown, foreseen or unforeseen, relating in any way to or arising out of Buyer’s acquisition of the Property. In that regard, Seller and its successors and assigns knowingly and voluntarily waive and release Buyer, its employees, agents and officers from liability as to the following: any rights or obligations which exist or may arise out of the acquisition of the Property for public purposes including, without limitation, Seller’s fee interest in the land, severance damages, relocation expenses or damages, loss of business goodwill and/or lost profits, loss or impairment of any “bonus value” attributable to any lease; damage to 2 or loss of improvements pertaining to realty, costs, interest, attorneys’ fees, and any claim whatsoever of Seller which might arise out of or relate to any respect to the acquisition of the Property by Buyer.

As of the Closing (as defined in Section 5.1), Seller irrevocably releases and discharges the Buyer, and their employees, agents, officers and representatives, from any and all manner of actions, causes of action, in law or in equity, of any nature whatsoever, known or unknown, fixed or contingent Seller now or may hereafter have by reason of any matter, cause, or thing whatsoever occurring prior to the date of execution of this release with respect to the Condemnation Process. Seller expressly agrees to waive and relinquish all rights and benefits each may have under California Civil Code Section 1542. That section reads as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

Seller’s Initials: ___________ ___________

2. OPENING OF ESCROW. Within five (5) days after the execution of this Agreement by both Buyer and Seller, the parties shall open an escrow (“Escrow”) with Placer Title Insurance Company at 413 W. Yosemite, Suite 102, Madera, CA 93637, Stacie Prado, Escrow Officer 559-675-8185 [email protected] (“Escrow Officer”) by causing an executed copy of this Agreement to be deposited with Escrow Holder together with the Deposit (as defined in Section

3.2 below) (“Opening of Escrow”).

3. COMPENSATION.

3.1 Compensation. The compensation for the Property is Two Hundred TwentyTwo Thousand Dollars ($222,000) (“Compensation Amount”).

3.2 Payment. The Compensation Amount shall be paid as follows:
(a) Deposit. At Opening of Escrow, Buyer shall deposit the sum of Five Thousand Dollars ($5,000) with Escrow Holder (“Deposit”). (b) Balance of Funds. At least one (1) business day prior to the Closing, Buyer shall deposit balance of the Compensation Amount with Escrow Holder in Good Funds (as defined below).

3.3 Disbursement of Seller’s Net Proceeds. At the Closing, the net proceeds (as determined by the Seller settlement statement) shall be disbursed to Seller.

3.4 Good Funds. All funds deposited in Escrow shall be in “Good Funds” which means a wire transfer of funds, cashier's or certified check drawn on or issued by the offices of a financial institution located in the State of California.

4. ADDITIONAL FUNDS AND DOCUMENTS REQUIRED FROM BUYER AND SELLER.

4.1 Seller. Seller agrees that on or before 12:00 noon on the day preceding the 3 Closing Date, Buyer will deposit with Escrow Holder such funds and other items and instruments (executed and acknowledged, if appropriate) as may be necessary in order for the Escrow Holder to comply with this Agreement, including without limitation:
a. Executed and recordable grant deed in the form of Exhibit B (“Grant Deed”). b. A Non-Foreign Affidavit as required by federal law.
c. Such funds and other items and instruments as may be necessary in order for Escrow Holder and the Title Company to comply with this Agreement.

4.2 Buyer. Buyer agrees that on or before 12:00 noon on the date preceding the Closing Date, Buyer will deposit with Escrow Holder all additional funds and/or documents (executed and acknowledged, if appropriate) which are necessary to comply with the terms of this Agreement, including without limitation:
a. The statutorily required Certificate of Acceptance in the form attached to the Grant Deed (“Certificate of Acceptance”).
b. A Preliminary Change of Ownership Statement completed in the manner required in Madera County.
c. Such funds and other items and instruments as may be necessary in order for Escrow Holder and the Title Company to comply with this Agreement.

4.3 Recordation, Completion and Distribution of Documents. Escrow Holder will cause Grant Deed (with the Certificate of Acceptance attached) to be recorded when it can issue the Buyer’s Title Policy in accordance with Section 6, and holds for the account of Buyer and Seller, respectively, the funds and items described above to be delivered to Buyer and Seller, respectively, through Escrow, less costs, expenses and disbursements chargeable to Seller pursuant to the terms hereof.

5. CLOSING DATE; TIME IS OF ESSENCE.

5.1 Closing Date. Escrow shall close within fifteen (15) days after satisfaction of the Buyer’s Conditions Precedent (as defined in Section 8.1), but no later than sixty (60) days after the Opening of Escrow (“Closing Date”) unless extended as evidenced by a writing signed by both parties. The terms “Close of Escrow” and/or “Closing” are used herein to mean the time Grant Deed with the Certificate of Acceptance are filed for recording by the Escrow Holder in the Office of the County Recorder of Madera County, California.

5.2 Possession. Upon the Close of Escrow, exclusive possession and occupancy of the Property (including the residential structure) shall be delivered to Buyer free and clear of all claims of possession (including, but not limited to, Seller and any occupants) and free of all personal property and debris.

5.3 Time is of Essence. Buyer and Seller specifically agree that time is of the essence.

5.4 City Manager’s Authority. Buyer by its execution of this Agreement hereby agrees that the City Manager of the Buyer or designee (who has been designated by City 4 Manager’s written notice delivered to Seller and Escrow Holder) shall, in City Manager’s sole and exclusive discretion, have authority:
(i) to execute documents on behalf of Buyer including, but not limited to, issuing approvals, disapprovals and extensions. Any such approval, disapproval or extension executed by the City Manager or their designee shall be binding on Buyer. (ii) make minor modifications to this Agreement in order to fulfill the direction of the City Council, provided that such minor modifications must be approved by the City Attorney.

6. TITLE POLICY.

6.1 Approval of Title.
(a) Promptly following execution of this Agreement but in no event later than five (5) days following Opening of Escrow, a preliminary title report shall be issued by Placer Title Insurance Company (“Title Company”), describing the state of title of the Property, together with copies of all exceptions specified therein and a map plotting all easements specified therein (“Preliminary Title Report”). Within fifteen (15) business days after Buyer's receipt of the Preliminary Title Report, Buyer shall notify Seller in writing (“Buyer's Title Notice”) of Buyer's disapproval of any matters contained in the Preliminary Title Report (“Disapproved Exceptions”).
(b) In the event Buyer delivers Buyer's Title Notice within said period, Seller shall have a period of ten (10) days after receipt of Buyer's Title Notice in which to notify Buyer of Seller's election to either (i) agree to attempt to remove the Disapproved Exceptions prior to the Close of Escrow; or (ii) decline to remove any such Disapproved Exceptions (“Seller's Notice”).

If Seller notifies Buyer of its election to decline to remove the Disapproved Exceptions, or if Seller is unable to remove the Disapproved Exceptions, Buyer may elect either to terminate this Agreement and the Escrow or to accept title to the Property subject to the Disapproved Exception(s). Buyer shall exercise such election by delivery of written notice to Seller and Escrow Holder within five (5) business days following the earlier of (i) the date of written advice from Seller that such Disapproved Exception(s) cannot be removed; or (ii) the date Seller declines to remove such Disapproved Exception(s).
(c) Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions, the foregoing right of review and approval shall also apply to said amendment or supplement, provided, however, that Buyer's initial period of review and approval or disapproval of any such additional exceptions shall be limited to ten (10) days following receipt of notice of such additional exceptions. (d) Nothing to the contrary herein withstanding, Buyer shall be deemed to have automatically objected to all leases, deeds of trust, mortgages, judgment liens, federal and state income tax liens, delinquent general and special real property taxes and assessments and similar monetary encumbrances affecting the Property, and Seller shall discharge any such nonpermitted title matter of record prior to or concurrently with the Close of Escrow.

6.2 Buyer’s Title Policy. At the Close of Escrow, Escrow Holder shall furnish Buyer with an ALTA Owner's non-extended Policy of Title (“Buyer’s Title Policy”) insuring title to the Property vested in Buyer in the amount of the Compensation Amount, containing no 5 exceptions to such title which has not been approved or waived by Buyer in accordance with this Section. The cost of the Buyer’s Title Policy to Seller shall be paid by Buyer. The Buyer’s Title Policy shall also include any available extended coverage or endorsements that Buyer has reasonably requested.

7. DUE DILIGENCE.

7.1 Scope of Due Diligence. Upon the opening of Escrow, Seller shall provide Buyer with any and all documents and information in Seller’s possession and knowledge concerning the Property, and Buyer shall have the right to require Seller to provide an analysis of the Property consisting of such engineering, feasibility studies, soils tests, environmental studies and other investigations as Buyer in its sole discretion may desire, to permit Buyer to determine the suitability of the Property for Buyer's contemplated uses and to conduct such other review and investigation which Buyer deems appropriate to satisfy itself to acquire the Property. Buyer shall further have the right to make an examination of all licenses, permits, authorizations, approvals and governmental regulations which affect the Property, including zoning and land use issues and conditions imposed upon the Property by governmental agencies. Upon Opening of Escrow, Seller shall make available to Buyer true, correct and complete copies of all contracts which relate to the Property (together with any amendments or modifications thereto), and all reports in Seller's possession respecting the physical condition of the Property, if any, and any other information in Seller's possession or control.

7.2 Approval of Due Diligence Matters. Buyer shall notify Seller in writing (“Buyer's Due Diligence Notice”) no later than forty-five (45) days from the Opening of Escrow, of Buyer's approval or disapproval of the condition of the Property and Buyer's investigations with respect thereto (excluding title matters which are to be approved or disapproved pursuant to Section 6), which approval may be issued or withheld in Buyer's sole and absolute discretion.

Buyer's failure to deliver Buyer's Due Diligence Notice on or before the Due Diligence Date shall be conclusively be deemed Buyer's disapproval thereof.

7.3 Right to Enter. Commencing upon Opening of Escrow, Seller grants Buyer, its agents and employees a limited license to enter upon the Property for the purpose of conducting engineering surveys, soil tests, investigations or other studies reasonably necessary to evaluate the condition of the Property, which studies, surveys, reports, investigations and tests shall be done at Buyer’s sole cost and expense. Prior to entry onto the Property, Buyer shall (i) conduct all studies in a diligent, expeditious and safe manner and not allow any dangerous or hazardous conditions to occur on the Property during or after such investigation; (ii) comply with all applicable laws and governmental regulations; (iii) keep the Property free and clear of all materialmen’s liens, lis pendens and other liens arising out of the entry and work performed under this provision; (iv) maintain or assure maintenance of workers’ compensation insurance (or state approved self-insurance) on all persons entering the Property in the amounts required by the State of California; (v) Buyer shall maintain an all-risk public liability insurance policy written on a per occurrence and not claims made basis in a combined single limit of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) which insurance names Seller as additional insured; (vi) return the Property to substantially its original condition following Buyer’s entry; and (vii) take title to the Property at closing subject to any title exceptions caused by Buyer exercising this right to enter.

Buyer agrees to indemnify, and hold Seller free and harmless from and against any and all losses, damages (whether general, punitive or otherwise), liabilities, claims, causes of action (whether legal, equitable or administrative), judgments, court costs and legal or other 6 expenses (including reasonable attorneys’ fees) which Seller may suffer or incur as a consequence of Buyer’s exercise of the license granted pursuant to this Section 7.3 or any act or omission by Buyer, any contractor, subcontractor or material supplier, engineer, architect or other person or entity acting by or under Buyer (except Seller and its agents) with respect to the Property, excepting any and all losses, damages (whether general, punitive or otherwise), liabilities, claims, causes of action (whether legal, equitable or administrative), judgments, court costs and legal or other expenses (including reasonable attorneys’ fees) arising from the mere discovery by Buyer of any hazardous materials or conditions and excepting to the extent such claims arise out of the negligence or misconduct of Seller. Buyer’s obligations under this Section

7.3 shall survive termination of this Agreement for any reason.

7.4 Natural Hazard Disclosure Report. Upon Opening of Escrow, Escrow Holder shall order a commercial Natural Hazards Disclosure report for the Property by Disclosure Source (“NHD Report”) to be delivered to Buyer by Escrow Holder. Buyer shall have the right to review the NHD Report during the Due Diligence Period. Buyer shall pay for the NHD Report.

8. CONDITIONS PRECEDENT TO CLOSE OF ESCROW.

8.1 Conditions to Buyer's Obligations. The obligations of Buyer under this Agreement are subject to the satisfaction or written waiver, in whole or in part, by Buyer of each of the following conditions precedent (“Buyer’s Conditions Precedent”):
(a) Title Company will issue the Buyer’s Title Policy as specified in Section 6.2. (b) Escrow Holder holds and will deliver to Buyer the instruments and funds, if any, accruing to Buyer pursuant to this Agreement.
(c) Seller is not in default of its obligations under this Agreement.

8.2 Conditions to Seller's Obligations. The obligations of Seller under this Agreement are subject to the satisfaction or written waiver, in whole or in part, by Seller of the following conditions precedent:
(a) Buyer has executed the acceptance of the Certificate of Acceptance and delivered same to Escrow Holder to be attached to the Grant Deed prior to recordation.
(b) Escrow Holder holds and will deliver to Seller the instruments and funds accruing to Seller pursuant to this Agreement.
(c) Buyer is not in material default of its obligations under this Agreement.

9. REPRESENTATIONS AND WARRANTIES.

9.1 General Representations and Warranties.

Seller hereby makes the following representations and warranties to Buyer, each of which is true in all respects as of the Opening of Escrow and shall be true in all respects on the date of Close of Escrow on the Property:
(a) There are no natural or environmental hazards located on the Property that 7 would limit its marketability, merchantability, or suitability for development or impede its use in any way. No underground storage tanks exist or have ever existed on the Property. (b) To the best of Seller’s knowledge and understanding the Property is not in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on, under or about the Property including, but not limited to, soil and ground water conditions. Seller has received no written notice from any third parties, prior owners of the Property, or any federal, state or local governmental agency indicating that any hazardous waste remedial or clean-up work will be required on the Property. To the best of Seller’s knowledge, there are no environmental, health or safety hazards on, under or about the Property, including but not limited to soil and groundwater conditions. (c) There are no contracts, leases, claims or rights affecting the Property and no agreements entered into by or under Seller which shall survive the Close of Escrow that would adversely affect Buyer's rights with respect to the Property except as heretofore disclosed in writing by Seller to Buyer.
(d) There are no easements or encroachments onto the Property by buildings or improvements on any adjoining property, nor do any buildings or improvements on the Property encroach on other properties.
(e) Seller has the unimpeded power and Buyer to execute, deliver and perform Seller's obligations under this Agreement and the documents executed and delivered by Seller pursuant hereto.
(f) To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations.

9.2 Survival of Representations and Warranties of Seller. The representations and warranties provided in this Section 9 shall survive the Closing and delivery of the Grant Deed and shall not be affected by any investigation, verification or approval by either party or by anyone on behalf of either party.

9.3 Breach; Indemnification. If a breach of a representation or warranty occurs before Closing and the party adversely affected by the breach is aware that such a breach has occurred, the breach shall be grounds to terminate this Agreement. Seller agrees to indemnify, defend with counsel selected by Buyer, protect and hold harmless Buyer, its officers, employees and agents from and against all claims, damages, costs, liabilities and expenses of any kind whatsoever paid, incurred or suffered by or asserted against the Property or any indemnified party directly or indirectly arising from or attributable to: (i) any breach by Seller of any of its agreement warranties or representations set forth in this Agreement, (ii) any amounts expended by Buyer to secure exclusive possession free of any occupant, or (iii) any amounts expended by Buyer to secure or have removed any tenants or occupants not disclosed herein.

10. ESCROW PROVISIONS.

10.1 Escrow Instructions. Sections 1.1 through 6, inclusive, 8, 10, 12 and 13 constitute the escrow instructions to Escrow Holder. If required by Escrow Holder, Buyer and Seller agree to execute Escrow Holder's standard escrow instructions, provided that the same are consistent with and do not conflict with the provisions of this Agreement. In the event of any such conflict, the provisions of this Agreement shall prevail. The terms and conditions in 8 sections of this Agreement not specifically referenced above are additional matters for information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder’s general provisions directly from Escrow Holder and will execute such provision upon Escrow Holder’s request. To the extent that the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller agree to execute additional instructions, documents and forms provide by Escrow Holder that are reasonably necessary to close Escrow.

10.2 General Escrow Provisions. Escrow Holder shall deliver the Buyer’s Title Policy to the Buyer and instruct the Madera County Recorder to mail the Grant Deed to Buyer at the address set forth in Section 13 after recordation. All funds received in this Escrow shall be deposited in one or more general escrow accounts of the Escrow Holder with any bank doing business in Madera County, California, and may be disbursed to any other general escrow account or accounts. All disbursements shall be according to that party's instructions.

10.3 Proration of Real Property Taxes. All non-delinquent general and special real property taxes shall be prorated to the Close of Escrow on the basis of a thirty (30) day month and a three hundred sixty (360) day year. Buyer is exempt from real property taxes so if any amount has been paid by Seller which would otherwise be reimbursable to Seller, Seller shall apply to the County for the applicable refund.

10.4 Payment of Costs.
a. Cost Allocation. Buyer shall pay the costs for the Buyer’s Title Policy (nonextended ALTA owner’s policy), the escrow costs, and the NHD Report (“Buyer’s Charges”). Seller shall pay any fees and costs charged by any lender to obtain releases or consents or otherwise put title in the condition described in Section 6 (including any applicable recording fees for such documents) (“Seller’s Charges”). All other costs of Escrow not otherwise specifically allocated by this Agreement shall be apportioned between the parties in a manner consistent with the custom and usage of Escrow Holder.

NOTE: Buyer is a public agency and, therefore, is exempt from (i) recording charges applicable to the Grant Deed pursuant to Govt Code § 6103; and (ii) documentary transfer taxes pursuant to Revenue & Taxation Code § 11922. b. Closing Statement. At least three (3) business days prior to the Closing Date, Escrow Holder shall furnish Buyer and Seller with a preliminary Escrow closing statement which shall include each party’s respective shares of costs.

The preliminary closing statement shall be approved in writing by the parties.

As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver a copy of the final Escrow closing statement to the Parties.

10.5 Termination and Cancellation of Escrow. If Escrow fails to close as provided above, either party may elect to cancel this Escrow upon written notice to the other party and Escrow Holder. Upon cancellation, Escrow Holder is instructed to return all funds and documents then in Escrow to the respective depositor of the same with Escrow Holder.

Cancellation of Escrow, as provided herein, shall be without prejudice to whatever legal rights Buyer or Seller may have against each other arising from the Escrow or this Agreement. 9 10.6 Information Report. Escrow Holder shall file and Buyer and Seller agree to cooperate with Escrow Holder and with each other in completing any report (“Information Report”) and/or other information required to be delivered to the Internal Revenue Service pursuant to Internal Revenue Code § 6045(e) regarding the real estate sales transaction contemplated by this Agreement, including without limitation, Internal Revenue Service Form 1099-B as such may be hereinafter modified or amended by the Internal Revenue Service, or as may be required pursuant to any regulation now or hereinafter promulgated by the Treasury Department with respect thereto. Buyer and Seller also agree that Buyer and Seller, their respective employees and attorneys, and escrow Holder and its employees, may disclose to the Internal Revenue Service, whether pursuant to such Information Report or otherwise, any information regarding this Agreement or the transactions contemplated herein as such party reasonably deems to be required to be disclosed to the Internal Revenue Service by such party pursuant to Internal Revenue Code Section 6045(e), and further agree that neither Buyer nor Seller shall seek to hold any such party liable for the disclosure to the Internal Revenue Service of any such information.

10.7 No Withholding as Foreign Seller. Seller represents and warrants to Buyer that Seller is not, and as of the Close of Escrow will not be, a foreign person within the meaning of Internal Revenue Code § 1445 or an out-of-state seller under California Revenue and Tax Code §18805 and that it will deliver to Buyer on or before the Close of Escrow a non-foreign affidavit on Escrow Holder's standard form pursuant to Internal Revenue Code §1445(b)(2) and the Regulations promulgated thereunder and a California Form 590-RE.

10.8 Brokerage Commissions. Each party represents to the other that it is not represented by a broker. Buyer and Seller each agree to indemnify and hold the other parties harmless from and against all liabilities, costs, damages and expenses, including, without limitation, attorneys' fees, resulting from any claims or fees or commissions, based upon agreements by it, if any, to pay a broker's commission and/or finder's fee except as specified above.

11. LIQUIDATED DAMAGES.

IF BUYER SHOULD MATERIALLY DEFAULT UNDER THIS AGREEMENT, BUYER AND

SELLER AGREE THAT SELLER WILL INCUR DAMAGES BY REASON OF SUCH

DEFAULT WHICH DAMAGES SHALL BE IMPRACTICAL AND EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE, TO ASCERTAIN. THEREFORE, BUYER AND SELLER, IN A REASONABLE EFFORT TO ASCERTAIN WHAT SELLER’S DAMAGES

WOULD BE IN THE EVENT OF SUCH DEFAULT BY BUYER HAVE AGREED BY

PLACING THEIR INITIALS BELOW THAT THE DEPOSIT SHALL CONSTITUTE A REASONABLE ESTIMATE OF SELLER’S DAMAGES UNDER THE PROVISIONS OF SECTIONS 1671 AND 1677 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE FOR A BREACH PRIOR TO THE CLOSING. IF BUYER FAILS TO PROMPTLY DELIVER THE

SUM SPECIFIED ABOVE TO SELLER, SUCH FAILURE SHALL CONSTITUTE A

MATERIAL BREACH OF THIS PROVISION AND SELLER MAY ELECT TO SUE BUYER

UNDER THIS PROVISION OR TO WAIVE THIS PROVISION AND PROCEED AGAINST BUYER FOR ALL APPLICABLE DAMAGES RESULTING FROM BUYER’S DEFAULT.

THIS PROVISION DOES NOT APPLY TO OR LIMIT IN ANY WAY THE INDEMNITY OBLIGATIONS OF BUYER UNDER THIS AGREEMENT.
___________________ ___________________
Seller’s Initials Buyer’s Initials
10 12. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be served on the parties at the addresses set forth below. Any such notices shall, unless otherwise provided herein, be given or served (i) by depositing the same in the United States mail, postage paid, certified and addressed to the party to be notified, with return receipt requested, (ii) by overnight delivery using a nationally recognized overnight courier, or (iii) by personal delivery. Notice deposited in the mail in the manner hereinabove described shall be effective upon receipt or rejection of such notice. Notice given in any other manner shall be effective only if and when received (or rejected) by the party to be notified between the hours of 8:00 a.m. and 5:00 p.m. California time of any business day with delivery made after such hours to be deemed received the following business day. A party’s address may be changed by written notice to the other party; however, no notice of a change of address shall be effective until actual receipt of such notice. Copies of notices are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice.

Notices given by counsel to the Buyer shall be deemed given by Buyer and notices given by counsel to the Seller shall be deemed given by Seller.

To Seller: Mr. & Mrs. Francisco Holguin
16564 N. Lake Street
Madera, CA 93638
With a copy to: ________________________
________________________
________________________
To Buyer: City of Madera
205 West 4th Street
Madera, CA 93637
Attention: City Manager
With a copy to: Aleshire & Wynder, LLP
2440 Tulare Street Suite 410
Fresno, CA 93731
Attention: Shannon Chaffin, City Attorney
To Escrow Holder: Placer Title Insurance Company
413 W. Yosemite Ave., Suite 102
Madera, CA 93637
Attn: Stacie Prado, Escrow Officer

13. GENERAL PROVISIONS.

13.1 Assignment. Neither party shall have the right to assign this Agreement or any interest or right hereunder or under the Escrow without the prior written consent of the other party. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, personal representatives, successors and assigns.

13.2 Attorney’s Fees. In any action between the parties hereto, seeking enforcement of any of the terms and provisions of this Agreement or the Escrow, or in connection with the Property, the prevailing party in such action shall be entitled, to have and to recover from the other party its reasonable attorneys' fees and other reasonable expenses in 11 connection with such action or proceeding, in addition to its recoverable court costs.

13.3 Interpretation; Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates.

13.4 No Waiver. No delay or omission by either party in exercising any right or power accruing upon the compliance or failure of performance by the other party under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either party of a breach of any of the covenants, conditions or agreements hereof to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof.

13.5 Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made by written instrument or endorsement thereon and in each such instance executed on behalf of each party hereto.

13.6 Severability. If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument, or the application of such term, provisions, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

13.7 Merger. This Agreement and other documents incorporated herein by reference contain the entire understanding between the parties relating to the transaction contemplated hereby and all prior to contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein and shall be of no further force or effect including, but not limited to, any documents in the Condemnation Process.

13.8 Execution in Counterparts. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart.

13.9 Exhibits. Exhibits A, and B attached hereto are incorporated herein by reference.
[SIGNATURES ON FOLLOWING PAGE]
12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement for Purchase and Sale of Real Property Under Threat of Condemnation and Escrow Instructions as of the date set forth above.

Note: Sections 1.2 & 11 need to be separately initialed as applicable by the parties.

SELLER: BUYER:
________________________
Francisco Holguin
________________________
Antonia Holguin
Dated: _________________, 202_
Accepted and Agreed to:

ESCROW HOLDER:

PLACER TITLE INSURANCE COMPANY
By: _________________________
Stacie Prado
Escrow Officer
Dated: ________________, 202_

CITY OF MADERA,
a municipal corporation
By: ________________________
Santos Garcia, Mayor
Dated: _________________, 202_
ATTEST:
___________________________
Alicia Gonzales, City Clerk
APPROVED AS TO FORM:

Aleshire & Wynder, LLP
By: ________________________________
Shannon Chaffin, City Attorney
1 EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY
That certain real property in the City of Madera, County of Madera, State of California legally described as follows:

1 EXHIBIT B

GRANT DEED
Recording requested by and
When Recorded Return to:

CITY OF MADERA
205 W 4th Street.

Madera, CA 93637
Attn: City Clerk

GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged and subject to the covenants set forth below, FRANCISCO HOLGUIN AND ANTONIA HOLGUIN (“Grantor”) grants to CITY OF MADERA, a municipal corporation (“Grantee”), all of its rights, title, and interest in that certain real property in the City of Madera, County of Madera, State of California, as more particularly described in EXHIBIT A attached hereto and incorporated by this reference (“Property”).

IN WITNESS WHEREOF, Grantor has caused this Grant Deed to be executed on its behalf as of the date written below.
_______________, 2024 GRANTOR:
_________________________

FRANCISCO HOLGUIN
_________________________

ANTONIA HOLGUIN
APN. 038-030-028 (Space Above This Line for Recorder’s Office Use Only) THE UNDERSIGNED GRANTOR DECLARES that the (Exempt from Recording Fee per Gov. Code §6103) documentary transfer tax (computer on full value) is $ 0 under R&T Code Section 11928
2 ACCEPTANCE BY GRANTEE
By its acceptance of this Grant Deed, the City of Madera as “Grantee” hereby agrees as follows:

1. Grantee expressly understands and agrees that the terms of this Grant Deed shall be deemed to be covenants running with the land and shall apply to all of the Grantee’s successors and assigns.

2. The provisions of this Grant Deed are hereby approved and all terms and conditions accepted.

Dated: _______________, 202_

CITY OF MADERA
By: _____________________
City Manager
B-3

EXHIBIT A

LEGAL DESCRIPTION TO GRANT DEED
That certain real property located in the City of Madera, in the County of Madera, State of California legally described as follows:

01425.0021/947115.1

STATE OF CALIFORNIA )
) ss.

COUNTY OF MADERA )
On ___________________, 202__ before me, __________________________________, a notary public, 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.
_________________________________________
Notary Public
SEAL:

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.
1 STATE OF CALIFORNIA )
) ss.

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.
_________________________________________
Notary Public
SEAL:

City of Madera Engineering, 428 East Yosemite Avenue, Madera, CA 93638 PHONE: (559) 661-5418 • www.madera.gov

ATTACHMENT B

APPRAISAL REPORT

APPRAISAL REPORT
Holguin Property
16564 North Lake Street
Madera, CA 93638
Effective Date of Appraisal
September 25, 2023
Date of Report
September 27, 2023
Client
Matt Bullis, P.E.

Senior Engineer
City of Madera Engineering
Department
428 East Yosemite Avenue
Madera, CA 93637
Prepared By
Kelly P. Stevens, SRA
Tiffany K.V. Mach, MAI
September 27, 2023
Matt Bullis, P.E.

Senior Engineer
City of Madera Engineering Department
428 East Yosemite Avenue
Madera, CA 93637
RE: Holguin Property
16564 North Lake Street
Madera, CA 93638
Madera County APN(s) 038-030-028
Dear Mr. Bullis:

We are pleased to present the attached report of our appraisal of the Fee Simple interest in the referenced parcel of real estate, as of September 25, 2023. This appraisal report was prepared on September 27, 2023.

The report sets forth our opinion of fair market value along with supporting data and reasoning which form the basis of our opinion. The value reported is qualified by the certification set forth on pages 3 and 4, and by the certain definitions, limiting conditions and the scope of work set forth on pages 9 through 17 of this report.

We particularly call your attention to the extraordinary assumption set forth on page 13 dealing with influencing factors. We also point out that the value developed is based on the hypothetical condition that the part taken has been severed from the larger parcel and project has been constructed. This hypothetical condition is addressed in detail on page 13 of the report.

As a result of our analysis, we have formed an opinion that the fair market value (as defined in the Report), subject to the definitions, certifications, extraordinary assumptions, hypothetical conditions, and limiting conditions set forth in the attached Report, was:

Matt Bullis, P.E.

September 27, 2023

Page 2 ends

Madera City CouncilJune 5, 2024

Madera City Council
June 5, 2024