Madera City Council
December 18, 2024

CITY OF MADERA

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT made and entered into the 18th day of December, 2024, by and between the City of Madera, a municipal corporation of the State of California, hereinafter called “City” and CPS HR Consulting, hereinafter called “Consultant.” RECITALS:

A. The City desires to obtain professional recruiting services and published Request for Proposals (RFP) 202425-20.

B. Consultant submitted a proposal in response to RFP 202425-20 demonstrating is a firm specializing in public sector recruitments with the necessary experience to provide desired services to the City.

C. City desires to retain Consultant to provide said services, as detailed further herein.

AGREEMENT

1. Incorporation of Recitals. The recitals set forth above are incorporated herein by this reference.

2. Services. The City hereby contracts with Consultant to provide recruiting services herein set forth at the compensation and upon the terms and conditions herein expressed, and Consultant hereby agrees to perform such services for said compensation, and upon said terms and conditions. City hereby authorizes Consultant to commence work immediately upon approval of this agreement by the City Council at a scheduled meeting of said governing body.

3. Obligations, duties, and responsibilities of Consultant. It shall be the duty, obligation and responsibility of the Consultant, in a skilled and professional manner, to perform the services in accordance with the Scope of Work identified in Exhibit A. Exhibit A is attached and incorporated by reference.

4. Compensation.

4.1. City shall compensate Consultant for services based on the agreed upon Fee Schedule in Exhibit B. Exhibit B is attached and incorporated by reference.

4.2. The billing statements shall be prepared and organized in a manner that facilitates an efficient review of the services performed. Items should be billed as described on the Fee Schedule in Exhibit B.

4.3. Any billing disputes brought forth by the City must be submitted within fourteen (14) days of the receipt of the billing statement. Such disputes will be submitted

by electronic mail (email) to the billing contact provided by Consultant. Billing contact for Consultant:

David Krolikowski
Senior Accountant
[email protected]

4.4. Payment shall be made directly by the City to the Consultant within thirty (30) days of receipt of billing. Billings are to be made directly to the following City contact via email:

Wendy Silva
Director of Human Resources
[email protected]

5. Term and Termination.

5.1. This Agreement shall be effective beginning on December 18, 2024, after approval by the City Council at a duly scheduled meeting thereof and shall continue in full force and effect for three (3) years unless otherwise terminated by the City.

5.2. City reserves the right to discharge Consultant and terminate this Agreement at any time with thirty (30) days’ notice. In the event of such discharge or termination, the City shall compensate Consultant for services rendered up to and including the date of termination. City shall terminate services and/or the Agreement by delivering to Consultant a written notice specifying the extent to which services and/or the Agreement are terminated and the effective date of the termination. Notice of termination shall be provided as follows:

Melissa Asher
Chief of Client Services
[email protected]

6. Independent contractor. In the furnishing of the services provided herein, the Consultant is acting as an independent contractor and not as an employee of the City.

7. Indemnification and Waivers. To the furthest extent allowed by law, Consultant shall indemnify, hold harmless, and defend City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs, and damages (whether in contract, tort, or strict liability, including but not limited to personal injury, death at any time, and property damage), and from any and all claims, demands, and actions in law or equity (including reasonable attorney’s fees and litigation expense) that arise out of, pertain to, or related to the negligence, recklessness, or willful misconduct of Consultant, its principals, officers, employees, agents, or volunteers in the performance of this Agreement. The obligations under this paragraph are in addition to, and are not limited by any insurance which Consultant is otherwise required to maintain under this Agreement.

8. Insurance. During the term of this Agreement, Consultant shall maintain, keep in force and pay all premiums required to maintain and keep in force commercial general liability, workers’ compensation, and employer’s liability insurance. The limits and coverages provided by such policies shall be as required in Exhibit C of this Agreement. Exhibit C is attached and incorporated by reference.

9. Compliance with Law. Consultant shall comply with all applicable Federal, State and local laws, rules, regulations, ordinances, and directives, and all provisions required to be included are incorporated by reference.

10. Miscellaneous.

10.1. Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.

10.2. Governing Law. The parties agree that this Agreement shall be governed and constructed by and in accordance with the Laws of the State of California.

10.3. Required License and Professional Credentials. Consultant and personnel providing services shall maintain all licenses and professional credentials necessary for the provision of such services. Consultant shall promptly notify City of changes of status or events that might impact the provision of professional services to City.

10.4. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.

10.5. Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.

10.6. Incorporation of Documents. All documents constituting the Agreement documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement.

10.7. Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties. There are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.

10.8. Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.

10.9. Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.

10.10. Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.

10.11. Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.

10.12. Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Madera or in the United States District Court for the Eastern District of California.

10.13. Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney’s fees, incurred or expended in connection with such action against the non-prevailing party.

11. Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Consultant and the City.

CPS HR Consulting CITY OF MADERA
______________________________ _______________________________ Melissa Asher Cece Gallegos
Chief of Client Services Mayor
Date: ____________________ Date: ___________________

ATTEST APPROVED AS TO FORM
______________________________ ______________________________ Alicia Gonzales, City Clerk Shannon L. Chaffin, City Attorney Date: ____________________ Date: ____________________
12/12/2024

EXHIBIT A

SCOPE OF WORK
Consultant will provide the City with the full range of services required to ensure the ultimate selection of a new hire uniquely suited to the City’s needs at three levels of service:
 Full Recruitment – All Phases I-III
 Partial Recruitment – Phase I and II
 Outreach Only
Services
The phases are described below. The City may select any, or all, levels of service at its discretion.

PHASE I – Strategic Recruitment Plan
The first step in this engagement is a thorough review by Consultant of the City’s needs, culture, and goals; the recruitment and selection process; and the schedule. Consultant will meet with key stakeholders to obtain input in developing the ideal candidate profile and to assist us in understanding key issues and challenges. Activities for this phase at each recruitment level will include:

Executive Search
 Foster client collaboration.
 Create a tailored plan for your agency and unique position.  Review of job duties and compensation for marketability.  Define ideal candidate profile with Hiring Authority and key stakeholders.  Identify assessment needs.
 Conduct stakeholder engagement (surveys, focus group, community meetings).  Leadership assessment
Middle Management/Specialized
 Collaborate with appropriate stakeholder(s) to define the ideal candidate profile for the position.
 Review of job duties and compensation for marketability.  Identify testing/assessment needs.
 Coordinate with client on development of recruitment brochure for the desired position; prepare brochure design.
 Complete recruitment brochure and create posting in client applicant tracking system or CPS HR’s applicant tracking system (NEOGOV).

General (Professional/Administrative)
 Foster client collaboration.
 Develop a recruitment plan.
 Review job specifications/classification.
 Define candidate profile with Hiring Authority and key stakeholders.  Identify testing/assessment needs.

PHASE II – Marketing and Applicant Screening
The recruitment process is tailored to fit the City’s specific wants and needs, with targeted advertising, combined with personal contacts with qualified individuals from our extensive database.

Consultant will prepare, submit for City’s approval, and publish advertisements in appropriate magazines, journals, newsletters, job bulletins, and websites to attract candidates on a nationwide, regional, local, or targeted basis based on the recruitment strategy.

Consultant will execute the following tasks for this phase at each recruitment level including:

Executive Search
 Create an attractive and informative electronic flip book type of brochure to market the position.
 Conduct targeted research to identify ideal passive candidates.  Execute active and passive sourcing of candidates through e-mail, phone, and social media.
 Devise advertising and marketing strategy.
 Develop innovative media campaigns.
 Review applicant resumes and ensure minimum qualifications are met  Conduct comprehensive preliminary phone screening interviews.  Submit “Client Report” (including summary of recruitment activities and candidate applications and/or resumes) to include list of qualified candidates.  Meet with the City to discuss the report and the results of the preliminary phone screening interviews in order for the City to identify candidates to invite to oral panel interview.
 Provide the City with updates of recruitment status during application period.  Respond to applicant inquiries and manage applicant communication.

Middle Management/Specialized
 Identify ad sources relevant to the position and coordinate the placement of agreed upon ads.
 Conduct active and passive sourcing of candidates through e-mail, phone, social media, and outreach tools/referral sources.
 Review all applicants against the minimum qualifications for the position within designated applicant tracking system ensuring appropriate disposition is captured.

 Develop and administer secondary rated screening or conduct preliminary phone screening interviews.
 Submit “Client Report” (including summary of recruitment activities and candidate applications and/or resumes) to include list of qualified candidates.  Meet with the City to discuss the report and the results of the secondary rated screening or preliminary phone screening interviews in order for the City to identify candidates to invite to oral panel interview.
 Provide the City with updates of recruitment status during application period.  Respond to applicant inquiries and manage applicant communication.

General (Professional/Administrative)
 Create standard job bulletin.
 Identify advertising sources.
 Create marketing campaign.
 Review applicant resumes and ensure minimum qualifications are met utilizing the City’s applicant tracking system or Consultant’s applicant tracking system.  Develop and/or administer applicable screening tool (i.e. secondary rated screening, written exam, etc.)
 Provide a list of eligible candidates.

PHASE III – Selection
Consultant will design a selection process based on information gathered in Phase I.

Consultant will meet with the City to review this process and discuss the City’s preferred approach in assessing the final candidates. Consultant can coordinate all aspects of the selection process for the City. This includes preparing appropriate materials such as interview questions, evaluation manuals, and other assessment exercises; and facilitating the interviews.

Consultant will be available to complete the following components of this phase at each recruitment level:

Executive Search
 Develop and facilitate all required selection processes including development of interview questions and/or assessments.
 Coordinate all candidate communication and scheduling.  Train interview panel and handle onsite facilitation of interview process.  Execute extensive background and reference checks.
 Provide assistance with contract negotiation.
 Facilitate appointment of selected candidate.
 Prepare a written report that summarizes the results of the recruitment process.

Middle Management/Specialized
 Develop interview questions including rating criteria and/or other requested selection tools.
 Develop and facilitate training of oral exam interview panel for the City’s interview process.
 Coordinate all candidate communication and scheduling.  Prepare interview evaluation materials.
 Facilitate oral panel exam interview and final hiring interview process.  Conduct professional reference checks and/or background checks, upon request.  Facilitate appointment of selected candidate upon request.

General (Professional/Administrative)
 Develop interview questions and train interview panel for the City’s interview process.
 If requested by the City, coordinate and facilitate administration of interviews. (Note: Above service would incur additional professional labor hours and travel expenses.) Outreach Services
Task 1 - Review and Finalize the Recruitment Process and Schedule The first step in this engagement is a thorough review by Consultant of the following with the Hiring Authority:
 Understand the City’s needs, culture, and goals.
 Discuss recruitment outreach process efforts to date, so we complement rather than duplicate efforts.
 Develop a schedule aligned with the recruitment process.

This will ensure that the City’s needs are met in the most complete manner possible.

Task 2 - Candidate Profile and Recruitment Strategy Development This task will be accomplished during a discussion involving the relevant stakeholders and Consultant. Consultant will prepare the personal and professional attributes required for the position and will include the following activities:
 Development of a recruitment brochure, inclusive of photos that will highlight the unique benefits and favorable conditions that would attract a new incumbent. In this way, we can draw attention to the reasons why your position and region would be a great opportunity for a candidate.
 Consultant will identify and provide the City with a list of suggested advertising sources which may not have been considered previously to reach the best candidates.

Task 3 - Targeted Outreach
Consultant will prepare an email distribution list containing prospective candidates and referral sources gleaned from our database and new research in targeted regional areas as well as with other public sector organizations. This will include a regional and statewide

search. These individuals will receive a link to the recruitment brochure, along with a personal invitation to contact Consultant should they have any questions about the position.

Based upon Consultant’s research and contact with prospective candidates, including the use of LinkedIn, Consultant will also make personal phone calls to prospective applicants we identify as the most promising based on the candidate profile and requirements of the position.

Task 4 – Report
Consultant will prepare a report summarizing all outreach activities. The report will contain a listing of all advertisements placed as well as all active and passive outreach efforts completed inclusive of how many candidates were targeted in each effort.

EXHIBIT B

FEE SCHEDULE
Consultant’s professional fixed fee covers all services associated with the recruitment process selected (Outreach Only, Partial Recruitment or Full Recruitment), including the necessary field visits.

Travel expenses for candidates who are invited forward in the interview process are not included. However, should the City desire Consultant’s Travel Team to assist with these arrangements, Consultant will do so. This might require an amount be added to this Agreement.

Service Pricing
Full - Executive Recruitment $27,000 Flat Fee
Partial - Executive Recruitment $20,000 Flat Fee
Full – Middle Management/Specialized $20,000 Flat Fee
Partial – Middle Management/Specialized $17,000 Flat Fee Full - General (Professional/Administrative) $15,000 Flat Fee Partial - General (Professional/Administrative) $12,000 Flat Fee Outreach Only $7,000 Flat Fee
Outreach Plus Advertising $10,000 Flat Fee
(includes direct advertising)
*Professional fees for Partial and Full recruitment would be in three equal installments upon completion of each phase. Professional fees for an Outreach/Advertising project will be billed and paid in full upon completion of the project.

Our Placement Guarantee
Executive Search Recruitment One-Year Service Guarantee If the employment of the candidate selected and appointed by the City as a result of a full executive recruitment (Phases I, II, and III) comes to an end before the completion of the first year of service, Consultant will provide the City with professional services to appoint

a replacement. Professional consulting services will be provided at no cost. the City would be responsible only for expenses such as re-advertising, consultant travel, additional background checks, etc. This guarantee does not apply to situations in which the successful candidate is promoted or re- assigned within the organization during the oneyear period. Additionally, should the initial recruitment efforts not result in a successful appointment, Consultant will extend the aggressive recruiting efforts and screen qualified candidates until an offer is made and accepted. Consultant does not provide a guarantee for candidates placed as a result of a partial recruitment effort.

Middle Management Recruitment Six Month Service Guarantee If the employment of the candidate selected and appointed by the City as a result of a full middle management recruitment (Phases I, II, and III) comes to an end before the completion of the first six (6) months of service, Consultant will provide the City with professional services to appoint a replacement. Professional consulting services will be provided at no cost. the City would be responsible only for reimbursable expenses. This guarantee does not apply to situations in which the successful candidate is promoted or re-assigned within the organization during the six (6) month period. Additionally, should the initialrecruitment efforts notresultin a successful appointment,Consultantwill extend the aggressive recruiting efforts and screen qualified candidates until an offer is made and accepted. Consultant does not provide a guarantee for candidates placed as a result of a partial (Phase I & II) recruitment effort.

EXHIBIT C

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

Minimum Scope and Limits of Insurance:

Consultant shall maintain limits no less than:
• $2,000,000 General Liability (including operations, products, and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage should be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01. General liability policies shall be endorsed that the City and its officers, officials, employees and agents shall be additional insureds under such policies. • Workers’ Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers. • $1,000,000 Professional Liability (Errors & Omissions) per claim and in the aggregate.

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

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

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

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

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

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

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

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

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

Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible.

Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.

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

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

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 18, 2024
_________________________________ Agenda Number: ___________ Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Annual Local Appointment List on City Boards, Commissions, and Committees RECOMMENDATION:

Approve a Minute Order Authorizing the City Clerk to File the 2025 Annual Local Appointments List
DISCUSSION:

California Government Code Sections 54970 to 54974 (commonly referred to as the Maddy Act) were established to inform and promote opportunities for citizens to serve on local government boards, committees, and commissions. The Maddy Act requires that on or before December 31 of each year, each legislative body shall prepare an appointment list of all regular and ongoing boards, commissions, and committees appointed by the local agency's legislative body. This list shall be known as the Local Appointments List.” Generally, the City Clerk prepares the list, known as the Local Appointments List, and posts it.

A copy of the 2025 Annual Local Appointments List is attached, which shows a list of all appointive terms with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position.

FINANCIAL IMPACT:

There is no financial impact, sans the time it took to prepare this report considering that members of the various City commissions are not compensated, rather they volunteer.

B-15
ALTERNATIVES:

None. Action is required to ensure compliance with the Maddy Act.

ATTACHMENTS:

1. 2025 Annual Local Appointments List

LOCAL APPOINTMENT LIST
(Pursuant to California Government Code Section 54972)
- 1 -
On or before December 31 of each year, each legislative body shall prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency. This list shall be known as the Local Appointments List. The list shall contain the following information: (a) A list of all appointive terms which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position, (b) A list of all boards, commissions, and committees whose members serve at the pleasure of the legislative body, and the necessary qualifications for each position.

The City of Madera encourages residents to apply for service on City Boards, Commissions and Committees that are currently vacant or that will have vacancies. To obtain an application or request additional information, please contact the City of Madera, Office of the City Clerk at (559) 661-5405; by visiting the City Clerk Department page at www.madera.gov; or by email at [email protected].

District Committee Member Date Appointed Term Expires
Americans with
Disabilities Act
(ADA) Advisory
Council
Mayor DJ Becker 05/04/22 12/01/24
District 1 Jack Porter 08/24/22 12/01/26
District 2 Cynthia Ortegon 01/16/19 12/01/24
District 3 Saim Mohammad 05/04/22 12/01/26
District 4 Vacant -- 12/01/24
District 5 Gladys Marroquin 08/24/22 12/01/26
District 6 Diana Robbins 01/06/21 12/01/24
Airport Advisory
Commission
Mayor Miguel Gonzalez 09/01/21 12/01/24
District 1 Jerry Holiday 03/20/19 12/01/26
District 2 Issa Zacharia 05/16/18 12/01/24
District 3 Johanna Torres 05/19/21 12/01/26
District 4 Stanley Mackey 05/19/21 12/01/24
District 5 Vacant ---- 12/01/26
District 6 Ramon Lopez-Maciel 01/06/21 12/01/24
Beautification
Committee
Mayor Miguel Gonzalez 02/03/21 12/01/24
District 1 Karen Huerta 02/07/18 12/01/26
District 2 Rohi Zacharia 02/15/17 12/01/24
District 3 Debra M. Basila 03/17/21 12/01/26
District 4 Robert Gonzalez 05/19/21 12/01/24
District 5 Agapita Rocha 01/16/19 12/01/26
District 6 Cynthia MorenoProcopio03/17/21 12/01/24
Civil Service
Commission
Mayor Dennis Smith 10/05/22 12/01/24
District 1 Nick Salinas 02/02/22 12/01/26
District 2 Celeste Voyles 02/02/22 12/01/24
District 3 Saim Mohammad 02/02/22 12/01/26
District 4 Shawn Griffin 01/17/24 12/01/24
District 5 Vacant ---- 12/01/26
District 6 Vacant ---- 12/01/24

LOCAL APPOINTMENT LIST
(Pursuant to California Government Code Section 54972)
- 2 -
District Committee Member Date Appointed Term Expires
CDBG Block
Grant
Commission
Mayor Gabriela GonzalezGutierrez02/17/21 12/01/24
District 1 Candace Talley 03/01/17 12/01/26
District 2 Alyssia Arredondo 03/01/17 12/01/24
District 3 Stephanie Nathan 03/18/20 12/01/26
District 4 DJ Becker 01/20/21 12/01/24
District 5 Olga P. Garcia 01/16/19 12/01/26
District 6 Dulce Arredondo 03/03/21 12/01/24
Golf Course
Advisory
Committee
Varies. Includes
At-Large
Appointments
by Type and
Appointments
by Category
Jose Rodriguez
(Councilmember) 09/06/23 12/01/24
Joseph Hebert (Parks
Director) 09/06/23 Continual
Dan Bacci (SGM Rep.) 09/06/23 Continual
Karla Gran (Service
Organization Rep.) 09/06/23 09/06/25
Chito Romero
(Golfer/At-Large
Community Member) 09/06/23 09/06/25
Lisa Gill (Food and
Beverage Rep.) 09/06/23 Continual
Edward McIntyre (NonGolfer/At-Large
Community Member) 09/06/23 09/06/25
Loan Review
Committee
At-Large
Appointment
Elvin Martin 03/1/06 N/A
John Molina 03/1/06 N/A
Vacant ---- N/A
Matilda Villafan 02/20/19 N/A
Johanna Torres 09/21/22 N/A
Planning
Commission
Mayor Khubaib Seikh 01/20/21 12/01/24
District 1 Robert Gran Jr. 01/16/19 12/01/26
District 2 Rohi Zacharia 01/06/21 12/01/24
District 3 Saim Mohammad 05/04/22 12/01/26
District 4 Balwinder Singh 06/02/21 12/01/24
District 5 Jose Eduardo Chavez 05/04/22 12/01/26
District 6 Ramon Lopez-Maciel 01/06/21 12/01/24
Transit Advisory
Board
Mayor Cynthia Ortegon 05/19/21 12/01/24
District 1 Andrew Albonico 09/02/20 12/01/26
District 2 Vacant ---- 12/01/24
District 3 Marie Luna 02/20/19 12/01/26
District 4 Patricia Carreon 09/15/21 12/01/24
District 5 Otilia Morales 02/20/19 12/01/26
District 6 Vacant ---- 12/01/24
Youth
Commission
Mayor Vacant ---- ----
District 1 Vacant ---- ----

LOCAL APPOINTMENT LIST
(Pursuant to California Government Code Section 54972)
- 3 -
District 2 Vacant ---- ----
District 3 Vacant ---- ----
District 4 Vacant ---- ----
District 5 Vacant ---- ----
District 6 Vacant ---- ----

LOCAL APPOINTMENT LIST
(Pursuant to California Government Code Section 54972)
- 4 -

GENERAL DESCRIPTION OF BOARDS / COMMITTEES / COMMISSIONS ADA ADVISORY COUNCIL: Four-year term. The ADA Council is composed of seven members. Appointees shall be residents of the City of Madera. Regular meetings are held the third Tuesday of each month at 3:30 p.m. Each member of the City Council makes a nomination to be considered for appointment by the Mayor.

Responsibilities: Serves in an advisory capacity to the City Council and staff on ADA matters including: promote pedestrian safety and access to all public streets; ensure that all public buildings and facilities, services, programs and activities are in compliance with ADA regulations; promote inclusion of the disabled community in the City’s emergency and disaster preparedness plans; develop disability awareness and educational outreach programs; work with the various City of Madera departments to ensure that all public buildings and facilities, remodeled and newly constructed are in compliance with current laws guaranteeing access for all people with disabilities; promote affordable and accessible housing in the community; make recommendations regarding unmet transit needs; and ensure grievance procedures are followed and enforced as described in the ADA bylaws.

AIRPORT ADVISORY COMMISSION: Four-year term. The Commission is composed of seven members. Appointees shall be residents of Madera County, and at least four members shall reside within the City. The commission meets at least quarterly at a date and time selected by the Commission. Each member of the City Council makes a nomination to be considered for appointment by the Mayor.

Responsibilities: Oversee, review, and make recommendations regarding the airport’s annual budget for operational and capital improvement purposes, Airport operations and services, master planning and land use.

BEAUTIFICATION COMMITTEE: Four–year term. The Committee is composed of seven members. Appointees shall be residents of the City of Madera. Regular meetings of the Committee are held every second Thursday of the month at 5:30 p.m. Each member of the City Council makes a nomination to be considered for appointment by the Mayor.

Responsibilities: Serves in an advisory capacity to the City Council and staff on community beautification matters including: develop and formulate programs and projects to enhance the aesthetic appearance of the community; develop an ordinance which will establish landscape standards for new development projects; develop and recommend practices and policies which will enhance and upgrade existing properties; and coordinate periodic community clean up campaigns and encourage public participation therein.

CIVIL SERVICE COMMISSION: Four-year term, with holdovers until new appointment is made. The Commission is composed of seven members, each member of the City Council makes a nomination to be considered for appointment by the Mayor. Appointees shall be residents of the City of Madera. Commissioners shall not be employed with the City nor shall they be under the direct supervision of any existing Council Member. Meetings, as needed, are usually held on the first Tuesday of each month at 5:00 p.m.

Responsibilities: Certification of eligibility lists for hiring employees in the classified service at regularly scheduled meetings; conducts appeal hearings regarding disciplinary action or alleged violations of Civil Service rules and at the request of the City Council or Administrator; special meetings for hearings are scheduled as needed and my require multiple evenings to complete.

CDBG BLOCK GRANT COMMISSION: The Commission is composed of seven members; each member of the City Council makes a nomination to be considered for appointment by the Mayor. Meets during a weekday evening as required. Serves in an advisory capacity to staff and the City Council on matters pertaining to the use of CDBG funds allocated to the City of Madera to benefit persons of low and moderate income, disabled and elderly persons, minority groups, homeless persons, or persons at risk of homelessness and CDBG-funded activities in eligible Census Tracts where CDBG program activities are proposed. Accepts testimony from City staff and applicants presenting proposals to request CDBG funds. Evaluates proposals and recommends CDBG funding allocations consistent with policies, goals and priorities established by the City’s CDBG Consolidated Plan and the Vision Madera 2025 Action Plan. Receives testimony from staff and provides comments about the City’s CDBG-funded programs and projects overall annual outcomes and accomplishments. Promotes public participation in the CDBG planning process and any amendments.

LOCAL APPOINTMENT LIST
(Pursuant to California Government Code Section 54972)
- 5 -
Golf Course Advisory Committee: The committee consists of a 7-member body and is comprised of the following representatives: City Councilmember serves for Council Term,Parks Director – Continual Term, SGM Representative - Continual Term, Golfer/At-Large Community Member – Two-year Term, Food & Beverage Director/Representative – Continual Term, Non-Golfer/At-Large Community Member – Two-year Term, Service Organization Representative - Two-year Term. This position also has an additional caveat that the service organizations eligible are those that regularly meet at the Course, those being currently the Madera Evening Lions Club and the Morning Rotary Club.

These service clubs will rotate representation, with the Madera Evening Lions Club having the initial representative.

Should additional service organizations meet at the Course, they would be eligible to be added to the rotation of appointments. The Committee meets on the third Monday of the month at the Madera Municipal Golf Course.

Meeting times and location may differ.

Responsibilities: Serve in an advisory capacity to the City Council and staff on local golf course matters including:
providing feedback and input on matters related to the golf course operations, improvements, and maintenance; serve as a representative of the local community including golfers, residents, and other stakeholders, to ensure inclusion in decision-making process; serve as a communication channel between the golf course and the community; address and help resolve issues or concerns raised by golfers or community regarding the golf course; offer recommendations for improvements such as upgrades to facilities, landscaping, course layout, or other amenities; provide input on budgetary matters; and contribute to the development of policies and guidelines governing the use and management of the golf course.

LOAN REVIEW COMMITTEE: This committee consists of five members appointed by the City Council comprised of at least three residents of the City of Madera. Members shall possess backgrounds in residential mortgage lending, real estate or the building trades industry. Members do not serve specific terms, nor do they receive compensation/benefits. Meetings of the committee are held as needed to provide for the review of loan and grant applications for first time homebuyer down payment assistance and owner-occupied rehabilitation programs funded by State, Federal and local funds awarded to the City of Madera and from the Successor Agency to the Former Redevelopment Agency. Failure by a Committee member to attend three consecutive meetings shall be deemed an automatic resignation. A significant pattern of absences shall also be considered grounds for removal from the committee. Conflict of interest provisions apply as applicable to committee appointees serving the City of Madera or the Successor Agency to the Former Redevelopment Agency.

PLANNING COMMISSION: Four-year term. The Commission is composed of seven members, each member of the City Council makes a nomination to be considered for appointment by the Mayor. Appointees must reside within the City limits. Meetings are held on the second Tuesday of each month beginning at 6:00 p.m.

Responsibilities: Develop, maintain and amend the General Plan and Specific Plans as deemed appropriate; discretionary approval of development proposals, including subdivisions, use permits, and variances; discuss overall planning for the City, including ordinances, special studies, zoning, subdivisions and signs, with recommendations to the City Council.

TRANSIT ADVISORY BOARD: Four-year term. The Board consists of seven members appointed from a cross section of the community (general public, children, elderly, disabled, students, social service agencies, and minority family).

The Board is composed of seven members, each member of the City Council makes a nomination to be considered for appointment by the Mayor. Appointees shall be residents of the City of Madera. Meetings are held quarterly in January, April, July, and September at a time and public place set by the advisory board.

Responsibilities: Recommend to the City Council a five (5) year transit and equipment plan; review, modify transit system proposals.

YOUTH COMMISSION: Two-year term. The Commission is composed of seven members, each member of the City Council makes a nomination to be considered for appointment by the Mayor. The Commission meets on the second Wednesday of each month at 5:00 p.m.

Responsibilities: Serves in an advisory capacity to the City Council about public safety, job opportunities for youth, recreation activities for youth, opportunities for effective participation by youth in governmental process, and

LOCAL APPOINTMENT LIST
(Pursuant to California Government Code Section 54972)
- 6 -
changes in city regulations that are necessary to improve the social, economic, educational, recreational advantages, health and well-being of youth.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 18, 2024
_________________________________ Agenda Number: ___________ Giachino Chiaramonte, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Purchase of new Tasers for the Police Department
RECOMMENDATION:

Adopt Resolutions:

1. Approving the purchase of 71 Tasers from Axon Enterprises, Inc. for $265,686.35

2. Approving a Budget Amendment to the Fiscal Year 2024/25 Operating Budget to appropriate Measure K fund balance funds for the purchase of the Tasers SUMMARY:

The Madera Police Department (MPD) currently equips its officers with tasers as part of their standard law enforcement toolkit. These tasers function by dispensing probes, which need to be replaced once deployed. However, the manufacturer of the existing tasers is phasing out the current model, making it increasingly difficult to obtain replacement parts and accessories. In light of this, staff recommends that the City purchase the latest model of tasers to ensure that its officers remain equipped with up-to-date technology, enhancing both officer and public safety.

The adopted 2024/25 budget allocates $200k to purchase of new tasers; however, an additional budget amendment of $65,686.35 is necessary to cover the cost of replacing all tasers. This amendment will ensure that the City has the necessary funds to purchase 71 new Tasers, totaling $265,686.35.

DISCUSSION:

In 2017, MPD transitioned to the Taser X26 model, which was not the latest technology at the time but was the most cost-effective option available. However, a downside of this approach is that older technology is quickly phased out, with support and replacement parts becoming unavailable. Axon Enterprises, the parent company of Taser, frequently releases new models and remains the industry's primary producer of electronic control devices. As a result, MPD has faced D-1
some challenges in acquiring necessary replacement parts, such as batteries and probes, for its Taser X26 model.

To ensure that officers are equipped with the latest technology, staff recommends upgrading to the latest taser model. Table 1 provides a comparison of MPD’s current Taser X26 model and the latest Taser 10 model which staff recommends purchasing.

Table 1: Comparison of the Taser X26 and 10
Category of Functionality Taser X26 (current) Taser 10 (proposed) Range Capacity 21 Feet 45 Feet
Battery System Fixed Rechargeable
Probe Deployment Reload Required 10 Available Probes
Flashlight Included? No Yes
The Taser 10 model offers several key enhancements compared to the current X26 model. The increased range allows officers to engage threats from a safer distance, providing more time and opportunities to de-escalate situations and gain compliance from combative or armed individuals. Furthermore, the Taser 10 model features 10 available probes for deployment, compared to the X26 model, which requires reloading after each deployment. This allows officers to deploy additional probes if one fails to make contact without reloading. Beyond functionality, the Taser 10 includes a rechargeable battery and an integrated flashlight. These enhancements will minimize injuries to both officers and the public by reducing the need for physical contact and also offer a less-lethal alternative to firearms and increase life-saving potential in situations where lethal force would have otherwise been justified.

Procurement Process
While the City would typically prepare a Request for Proposals or obtain bids for equipment, Tasers are an exception, as they are exclusively manufactured and sold by Axon Enterprises, Inc. (Axon). Due to Axon’s monopoly on the market, the procurement would be considered a sole source. As a result, staff recommends that the City purchase 71 Tasers, with an additional 2 Tasers provided at no cost due to bulk pricing, for a total of 73. The total cost is $265,686.35.

FINANCIAL IMPACT:

The proposed Taser purchase is allocated within the City’s budget, with $150,000 earmarked from Measure K and $50,000 from the General Fund. The remaining $65,686.35 will be covered by Measure K fund balance. During budget preparations, staff initially budgeted for the price of the Taser X26. However, upon further consideration staff recommends purchasing the latest Taser 10 model to ensure every Officer has access to advanced technology for their safety and that of the public. Exhibit 1 to the second resolution contemplated with this report represents the requested budget amendment appropriating additional funds to the Fiscal Year 2024/25 Measure K budget from the available Measure K fund balance.

Table 2: Budget for the tasers
Source Included in the 2024/25
Adopted Budget
Budget Amendment
(this item) Total per fund
General Fund $50,000 - $50,000
Measure K $150,000 $65,686.35 $215,686.35
Total: $200,000 $65,686.35 $265,686.35
ALTERNATIVES:

Council may request that staff return with additional information or request that staff purchase a different number of Tasers.

ATTACHMENTS:

1. Resolution approving purchase of Tasers
a. Exhibit 1: Taser Energy Weapon Agreement and Quote

2. Resolution approving budget amendment
a. Exhibit 1: Budget amendment
RESOLUTION NO. 24-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
APPROVING THE PURCHASE OF 71 TASERS FROM AXON ENTERPRISES, INC. IN THE AMOUNT OF $265,686.35
WHEREAS, the City of Madera Police Department Officers are equipped with Tasers as part of their standard law enforcement equipment; and
WHEREAS, the City’s current Taser model has become obsolete due to a manufacturing cessation and replacement parts have become difficult to acquire; and WHEREAS, the City desires to upgrade its current Taser model to the latest model; and WHEREAS, Tasers provide necessary safety precautions for the City and the community, and proceeding with the requested upgrade will ensure the continuity of these benefits; and WHEREAS, Axon Enterprises Inc. is the sole manufacturer and seller of Tasers; and WHEREAS, the City, in compliance with the City’s purchasing policy, has determined to purchase 71 new Tasers from Axon Enterprises Inc. in the amount of $265,686.35.

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 City Council approves Axon Enterprises Inc. Taser Energy Weapon Agreement, a copy of which is attached hereto as Exhibit 1, for the purchase of 71 Tasers from Axon Enterprises Inc. in the amount of $265,686.35.

3. This resolution is effective immediately upon adoption. * * * * * * * *
EXHIBIT 1
Axon Enterprise, Inc.’s TASER
Energy Weapon Agreement
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Page 1 of 16 Department: Legal
Version: 3.0
Release Date: 8/18/2023
This TASER Energy Weapon Agreement ("Agreement") applies to Agency’s TASER 7 or TASER 10 purchase from Axon Enterprise, Inc. ("Axon"). Agency will receive TASER 7 or TASER 10 Conducted Energy Weapon ("CEW") hardware, accessories, warranty, and services documented in the attached Quote Appendix ("Quote").

1. Term. The start date is based on the initial shipment of TASER 7 or TASER 10 hardware ("Start Date").

If shipped in the first half of the month, the Start Date is the 1st of the following month. If shipped in the last half of the month, the Start Date is the 15th of the following month. The TASER 7 or TASER 10 term will end upon completion of the associated TASER 7 or TASER 10 subscription in the Quote ("Term"). If the Quote has multiple TASER 7 or TASER 10 ship dates, each shipment will have a sixty- (60-) month term, starting on the shipment of TASER 7 or TASER 10 as described above.

2. Payment. Axon invoices upon shipment, or on the date specified within the invoicing plan in the Quote.

Payment is due net thirty (30) days from the invoice date. Payment obligations are non-cancelable. Unless otherwise prohibited by law, Agency will pay interest on all past-due sums at the lower of one-and-a-half percent (1.5%) per month or the highest rate allowed by law. Agency will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Agency is responsible for collection and attorneys’ fees.

3. Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides Axon a valid tax exemption certificate.

4. Shipping. Axon may make partial shipments and ship any hardware provided by Axon under this Agreement ("Axon Devices") from multiple locations, including Axon-manufactured Devices, which are a subset of Axon Devices. All shipments are EXW (Incoterms 2020) via common carrier. Title and risk of loss pass to Agency upon Axon’s delivery to the common carrier. Agency is responsible for any shipping charges in the Quote.

5. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law.

6. Warranty.

6.1. Limited Warranty; Disclaimer. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and materials for one (1) year from the date of Agency’s receipt, except Signal Sidearm and Axon-manufactured accessories, which Axon warrants for thirty (30) months and ninety (90) days, respectively, from the date of Agency’s receipt. Used conducted energy weapon ("CEW") cartridges are deemed to have operated properly. Extended warranties run from the expiration of the one- (1-) year hardware warranty through the extended warranty term. All software and Axon Cloud Services are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Axon Devices and Services that are not manufactured, published or performed by Axon ("Third-Party Products") are not covered by Axon’s warranty and are only subject to the warranties of the third-party provider or manufacturer.

6.2. Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axon-manufactured Device, at Axon’s option. A replacement Axon-manufactured Device will be new or like new. Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of the original Axon-manufactured Device or (b) ninety (90) days from the date of repair or replacement.

6.2.1. If Agency exchanges an Axon Device or part, the replacement item becomes Agency’s property, and the replaced item becomes Axon’s property. Before delivering an Axonmanufactured Device for service, Agency must upload Axon-manufactured Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axonmanufactured Device sent to Axon for service.

6.3. Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Agency a predetermined number of spare Axon Devices as detailed in the Quote ("Spare Axon Devices"). Spare Axon Devices Axon Enterprise, Inc.’s TASER
Energy Weapon Agreement
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Page 2 of 16 Department: Legal
Version: 3.0
Release Date: 8/18/2023
are intended to replace broken or non-functioning units while Agency submits the broken or nonfunctioning units, through Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Agency in accordance with shipping terms under Section 5. Axon assumes no liability or obligation in the event Agency does not utilize Spare Axon Devices for the intended purpose.

6.4. Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number. Axon’s warranty will be void if Agency resells Axon Devices.

6.4.1.To the extent permitted by law, the above warranties and remedies are exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement. Agency confirms and agrees that, in deciding whether to sign this Agreement, it has not relied on any statement or representation by Axon or anyone acting on behalf of Axon related to the subject matter of this Agreement that is not in this Agreement.

6.4.2. Axon’s cumulative liability to any Party for any loss or damage resulting from any claim, demand, or action arising out of or relating to any Axon Device or Service will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the twelve (12) months preceding the claim. Neither Party will be liable for direct, special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory.

6.5. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/sales-terms-and-conditions.

6.6. Third-Party Software and Services. Use of software or services other than those provided by Axon is governed by the terms, if any, entered into between Agency and the respective third-party provider, including, without limitation, the terms applicable to such software or services located at www.axon.com/sales-terms-and-conditions, if any.

6.7. Axon Aid. Upon mutual agreement between Axon and Agency, Axon may provide certain products and services to Agency, as a charitable donation under the Axon Aid program. In such event, Agency expressly waives and releases any and all claims, now known or hereafter known, against Axon, and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, "Releasees"), including but not limited to, on account of injury, death, property damage, or loss of data, arising out of or attributable to the Axon Aid program whether arising out of the negligence of any Releasees or otherwise. Agency agrees not to make or bring any such claim against any Releasee, and forever release and discharge all Releasees from liability under such claims. Agency expressly allows Axon to publicly announce its participation in Axon Aid and use its name in marketing materials. Axon may terminate the Axon Aid program without cause immediately upon notice to the Agency.

7. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.

8. Design Changes. Axon may make design changes to any Axon Device or Service without notifying Agency or making the same change to Axon Devices and Services previously purchased by Agency.

9. Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of Agency’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of availability or Agency’s election not to utilize any portion of an Axon bundle.

10. Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance.

Upon request, Axon will supply certificates of insurance.

Axon Enterprise, Inc.’s TASER
Energy Weapon Agreement
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Page 3 of 16 Department: Legal
Version: 3.0
Release Date: 8/18/2023

11. IP Rights. Axon owns and reserves all right, title, and interest in Axon-manufactured Devices and Services and suggestions to Axon, including all related intellectual property rights. Agency will not cause any Axon proprietary rights to be violated.

12. Agency Responsibilities. Agency is responsible for (a) Agency’s use of Axon Devices; (b) breach of this Agreement or violation of applicable law by Agency or an Agency end user; (c) disputes between Agency and a third-party over Agency’s use of Axon Devices; (d) ensuring Axon Devices are destroyed and disposed of securely and sustainably at Agency’s cost; and (e) any regulatory violations or fines, as a result of improper destruction or disposal of Axon Devices.

13. Termination.

13.1. For Breach. A Party may terminate this Agreement for cause if it provides thirty (30) days written notice of the breach to the other Party, and the breach remains uncured at the end of thirty (30) days.

If Agency terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination.

13.2. By Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement. Agency will deliver notice of termination under this section as soon as reasonably practicable.

13.3. Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate.

Agency remains responsible for all fees incurred before the effective date of termination. If Agency purchases Axon Devices for less than the manufacturer’s suggested retail price ("MSRP") and this Agreement terminates before the end of the Term, Axon will invoice Agency the difference between the MSRP for Axon Devices received, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for non-appropriation, Agency may return Axon Devices to Axon within thirty (30) days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For bundled Axon Devices, MSRP is the standalone price of all individual components.

14. General.

14.1. Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control.

14.2. Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties.

14.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.

14.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law.

14.5. Export Compliance. Each Party will comply with all import and export control laws and regulations.

14.6. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right.

14.7. Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect.

14.8. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, and Agency Responsibilities.

14.9. Governing Law. The laws of the state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

14.10.Notices. All notices must be in English. Notices posted on Agency’s Axon Evidence site are effective Axon Enterprise, Inc.’s TASER
Energy Weapon Agreement
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Page 4 of 16 Department: Legal
Version: 3.0
Release Date: 8/18/2023
upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Notices to Agency shall be provided to the address on file with Axon. Notices to Axon shall be provided to Axon Enterprise, Inc. Attn: Legal, 17800 North 85th Street, Scottsdale, Arizona 85255 with a copy to [email protected].

18.12 Entire Agreement. This Agreement, including the Appendices and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties.

Each representative identified below declares they have been expressly authorized to execute this Agreement as of the date of signature.

Axon Enterprise, Inc. Agency
Signature: Signature:

Name: Name:

Title: Title:

Date: Date:

Axon Enterprise, Inc.’s TASER
Energy Weapon Agreement
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Page 5 of 16 Department: Legal
Version: 3.0
Release Date: 8/18/2023
TASER Energy Weapon Axon Evidence Terms of Use Appendix 1 Definitions.
"Agency Content" is data uploaded into, ingested by, or created in Axon Evidence within Agency’s tenant, including media or multimedia uploaded into Axon Evidence by Agency. Agency Content includes Evidence but excludes Non-Content Data.
"Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency. Evidence is a subset of Agency Content.
"Non-Content Data" is data, configuration, and usage information about Agency’s Axon Evidence tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Agency Content. 2 Subscription Term. The TASER 7 or TASER 10 Axon Evidence Subscription Term begins on the Start Date.
3 Access Rights. Upon Axon granting Agency a TASER 7 or TASER 10 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 7 or TASER 10 CEW devices during the TASER 7 or TASER 10 Axon Evidence Subscription Term. Agency may not upload any non-TASER 7 or TASER 10 data or any other files to Axon Evidence. Agency may not exceed the number of end-users than the Quote specifies. 4 Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content is not Axon’s business records. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will only have access to Agency Content for the limited purposes set forth herein. Agency agrees to allow Axon access to Agency Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products.
5 Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access, or disclosure. Axon will maintain a comprehensive information security program to protect Axon Evidence and Agency Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum. 6 Agency Responsibilities. Agency is responsible for (a) ensuring Agency users comply with this Agreement; (b) ensuring Agency owns Agency Content and no Agency Content or Agency end user’s use of Agency Content or Axon Evidence violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Evidence. If Agency becomes aware of any violation of this Agreement by an end-user, Agency will immediately terminate that end user’s access to Axon Evidence.

Agency is also responsible for maintaining the security of end-user names and passwords and taking steps to maintain appropriate security and access by end-users to Agency Content. Login credentials are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity or person. Agency may download the audit log at any time. Agency shall contact Axon immediately if an unauthorized third party may be using Agency’s account or Agency Content or if account information is lost or stolen.
7 Privacy. Your use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current Axon Enterprise, Inc.’s TASER
Energy Weapon Agreement
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Page 6 of 16 Department: Legal
Version: 3.0
Release Date: 8/18/2023
version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy. Agency agrees to allow Axon access to Non-Content Data from Agency to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products.
8 Storage. Axon may place Agency Content that Agency has not viewed or accessed for six (6) months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to twenty-four (24) hours to access.
9 Location of Data Storage. Axon may transfer Agency Content to third party subcontractors for storage.

Axon will determine the locations of data centers where Agency Content will be stored. Axon will ensure all Agency Content stored in Axon Evidence remains within the country the Agency is located. Ownership of Agency Content remains with Agency.
10 Suspension. Axon may suspend Agency access or any end-user’s right to access or use any portion or of Axon Evidence immediately upon notice, if:

10.1. The Termination provisions of the TASER 7 or TASER 10 Terms and Conditions apply;

10.2. Agency or an end-user’s use of or registration for Axon Evidence (i) poses a security risk to Axon Evidence or any third party, (ii) may adversely impact Axon Evidence or the systems or content of any other customer, (iii) may subject Axon, Axon’s affiliates, or any third party to liability, or (iv) may be fraudulent;
Agency remains responsible for all fees incurred through the date of suspension without any credits for any period of suspension. Axon will not delete any of Agency Content on Axon Evidence due to suspension, except as specified elsewhere in this Agreement. 11 Axon Evidence Warranty. Axon warrants that Axon Evidence will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. Axon disclaims any warranties or responsibility for data corruption or errors before the data is uploaded to Axon Evidence. 12 Axon Evidence Restrictions. All Axon Evidence subscriptions will immediately terminate if Agency does not comply with any term of this Agreement. Agency and Agency end-users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:

12.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Evidence;

12.2. reverse engineer, disassemble, or decompile Axon Evidence or apply any other process to derive any source code included in Axon Evidence, or allow any others to do the same;

12.3. access or use Axon Evidence with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;

12.4. use trade secret information contained in Axon Evidence, except as expressly permitted in this Agreement;

12.5. access Axon Evidence to build a competitive product or service or copy any features, functions, or graphics of Axon Evidence;

12.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Evidence; or

12.7. use Axon Evidence to store or transmit infringing, libelous, or otherwise unlawful or tortious material, material in violation of third-party privacy rights, or malicious code. 13 After Termination. Axon will not delete Agency Content for ninety (90) days following termination.

During these ninety (90) days, Agency may retrieve Agency Content only if all amounts due have been paid. There will be no application functionality of Axon Evidence during these ninety (90) days other than the ability to retrieve Agency Content. Agency will not incur any additional fees if Agency Content is downloaded from Axon Evidence during these ninety (90) days. Axon has no obligation to maintain or provide any Agency Content after these ninety (90) days and will thereafter, unless legally prohibited delete all of Agency Content stored in Axon Evidence. Upon request, Axon will provide written proof that all Agency Content has been successfully deleted and fully removed from Axon Evidence.

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Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Page 7 of 16 Department: Legal
Version: 3.0
Release Date: 8/18/2023
14 Post-Termination Assistance. Axon will provide Agency with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon’s Data Egress Services, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system.
15 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Evidence on behalf of U.S. Federal department, Axon Evidence is provided as a "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data," as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Evidence on behalf of the U.S. Government and these terms fail to meet the U.S.

Government’s needs or are inconsistent in any respect with federal law, Agency will immediately discontinue the use of Axon Evidence.
16 Survival. Upon any termination of this Agreement, the following sections will survive: Agency Owns Agency Content, Storage, Axon Evidence Warranty, and Axon Evidence Restrictions.

Axon Enterprise, Inc.’s TASER
Energy Weapon Agreement
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Page 8 of 16 Department: Legal
Version: 3.0
Release Date: 8/18/2023
Axon Customer Experience Improvement Program Appendix
1 Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon’s development of technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below, Axon, where allowed by law, may make limited use of Agency Content from all of its customers, to provide, develop, improve, and support current and future Axon products (collectively, "ACEIP Purposes"). However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de-identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, Agency will be a participant in ACEIP Tier 1. If Agency does not want to participate in ACEIP Tier 1, Agency can revoke its consent at any time. If Agency wants to participate in Tier 2, as detailed below, Agency can check the ACEIP Tier 2 box below. If Agency does not want to participate in ACEIP Tier 2, Agency should leave box unchecked. At any time, Agency may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers.

1.1 ACEIP Tier 1.

1.1.1. When Axon uses Agency Content for the ACEIP Purposes, Axon will extract from Agency Content and may store separately copies of certain segments or elements of the Agency Content (collectively, "ACEIP Content"). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de-identify Agency Content so that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual ("Privacy Preserving Technique(s)"). For illustrative purposes, some examples are described in footnote 11 . For clarity,
ACEIP Content will still be linked indirectly, with an attribution, to the Agency from which it was extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon Agency request. Once de-identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Agency may revoke the consent granted herein to Axon to access and use Agency Content for ACEIP Purposes. Within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency. In addition, if Axon uses Agency Content for the ACEIP Purposes, upon request, Axon will make available to Agency a list of the specific type of Agency Content being used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data protection practices applicable to the Agency Content or ACEIP Content ("Use Case"). From time to time, Axon may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Agency notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Agency with a mechanism to obtain 1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license plate data to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would be extracted and all human utterances would be removed.

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Energy Weapon Agreement
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Page 9 of 16 Department: Legal
Version: 3.0
Release Date: 8/18/2023
notice of that update or another commercially reasonable method to Agency designated contact) ("New Use Case").

1.1.2. Expiration of ACEIP Tier 1. Agency consent granted herein, will expire upon termination of the Agreement. In accordance with section 1.1.1, within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency.

1.2 ACEIP Tier 2. In addition to ACEIP Tier 1, if Agency wants to help further improve Axon’s services, Agency may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2, grants Axon certain additional rights to use Agency Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique to enable product development, improvement, and support that cannot be accomplished with aggregated, transformed or de-identified data.
☐ Check this box if Agency wants to help further improve Axon’s services by participating in ACEIP Tier 2 in addition to Tier 1. By checking this box, Agency hereby agrees to the Axon Customer Experience Improvement Program Tier 2 Terms of Service, available at https://www.axon.com/sales-terms-and-conditions and incorporated herein by reference.

Axon Enterprise, Inc.’s TASER
Energy Weapon Agreement
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Page 10 of 16 Department: Legal
Version: 3.0
Release Date: 8/18/2023
Professional Services Appendix
If any of the professional services specified below are included on the Quote, this Appendix applies. 1 Utilization of Services. Agency must use pre-paid professional services as outlined in the Quote and this Appendix within six (6) months of the Effective Date.
2 CEW Services Packages. CEW Services Packages are detailed below:

System set up and configuration
• Configure Axon Evidence categories & custom roles based on Agency need. • Troubleshoot IT issues with Axon Evidence.
• Register users and assign roles in Axon Evidence.
• For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included Dedicated Project Manager
Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally, Project Manager will be assigned to Agency 4–6 weeks before rollout Best practice implementation planning session to:
• Provide considerations for the establishment of CEW policy and system operations best practices based on Axon’s observations with other agencies
• Discuss the importance of entering metadata and best practices for digital data management • Provide referrals to other agencies using TASER CEWs and Axon Evidence • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions
On-site sessions providing a step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training
• Provide training on the Axon Evidence to educate instructors who can support Agency’s subsequent Axon Evidence training needs.
• For the CEW Full Service Package: Training for up to 3 individuals at Agency • For the CEW Starter Package: Training for up to 1 individual at Agency TASER CEW inspection and device assignment
Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence.

Post go-live review
For the CEW Full Service Package: On-site assistance included.

For the CEW Starter Package: Virtual assistance included. 3 Smart Weapon Transition Service. The Smart Weapon Transition Service includes:

Archival of CEW Firing Logs
Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Agency is replacing with newer Smart Weapon models.

Return of Old Weapons
Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters.

Axon will provide Agency with a Certificate of Destruction *Note: CEW Full Service packages for TASER 7 or TASER 10 include Smart Weapon Transition Service instead of 1-Day Device Specific Instructor Course.
4 VR Services Package. VR Service includes advance remote project planning and configuration support and one (1) day of on-site service and a professional services manager to work with Agency to assess Agency's deployment and determine which Services are appropriate. The VR Service Axon Enterprise, Inc.’s TASER
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Version: 3.0
Release Date: 8/18/2023
training options include:

System set up and configuration (Remote Support)
• Instructor-led setup of Axon VR headset content
• Configure agency settings based on Agency need
• Troubleshoot IT issues with Axon VR headset
Axon instructor training (Train the Trainer)
Training for up to five (5) Agency's in-house instructors who can support Agency's Axon VR CET and SIM training needs after Axon’s has fulfilled its contracted on-site obligations Classroom and practical training sessions
Step-by-step explanation and assistance for Agency's configuration of Axon VR CET and SIM functionality, basic operation, and best practices
5 Axon Air, On-Site Training. Axon Air, On-Site training includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Agency to assess Agency's deployment and determine which Services are appropriate. If Agency requires more than one (1) day of on-site Services, Agency must purchase additional on-site Services. The Axon Air, On-Site training options include:

System set up and configuration (Remote Support)
• Instructor-led setup of Axon Air App (ASDS)
• Configure agency settings based on Agency need
• Configure drone controller
• Troubleshoot IT issues with Axon Evidence
Axon instructor training (Train the Trainer)
Training for Agency's in-house instructors who can support Agency's Axon Air and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations Classroom and practical training sessions
Step-by-step explanation and assistance for Agency's configuration of Axon Respond+ livestreaming functionality, basic operation, and best practices
6 Axon Air, Virtual Training. Axon Air, Virtual training includes all items in the Axon Air, On-Site Training Package, except the practical training session, with the Axon Instructor training for up to four hours virtually.
7 Signal Sidearm Installation Service.

7.1. Purchases of 50 SSA units or more: Axon will provide one day of on-site service and one professional services manager and will provide train the trainer instruction, with direct assistance on the first of each unique holster/mounting type. Agency is responsible for providing a suitable work/training area.

7.2. Purchases of less than 50 SSA units: Axon will provide a 1-hour virtual instruction session on the basics of installation and device calibration.
8 Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule.
9 Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours. 10 Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized Axon Enterprise, Inc.’s TASER
Energy Weapon Agreement
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Page 12 of 16 Department: Legal
Version: 3.0
Release Date: 8/18/2023
list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency.
11 Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Devices ("User Documentation"). User Documentation will include all required environmental specifications for the professional services and Devices to operate per the Device User Documentation.

Before installation of Devices (whether performed by Agency or Axon), Agency must prepare the location(s) where Devices are to be installed ("Installation Site") per the environmental specifications in the Device User Documentation. Following installation, Agency must maintain the Installation Site per the environmental specifications. If Axon modifies Device User Documentation for any Devices under this Agreement, Axon will provide the update to Agency when Axon generally releases it. 12 Acceptance. When Axon completes professional services, Axon will present an acceptance form ("Acceptance Form") to Agency. Agency will sign the Acceptance Form acknowledging completion. If Agency reasonably believes Axon did not complete the professional services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within seven (7) calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within seven (7) calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional services. 13 Agency Network. For work performed by Axon transiting or making use of Agency’s network, Agency is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Agency’s network from any cause.

Axon Enterprise, Inc.’s TASER
Energy Weapon Agreement
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Page 13 of 16 Department: Legal
Version: 3.0
Release Date: 8/18/2023
TASER 7 Appendix
This TASER 7 Appendix applies to Agency’s TASER 7, OSP 7, or OSP 7 Plus purchase from Axon, if applicable.

1. Duty Cartridge Replenishment Plan. If the Quote includes "Duty Cartridge Replenishment Plan", Agency must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Agency may not resell cartridges received. Axon will only replace cartridges used in the line of duty.

2. Training. If the Quote includes a training voucher, Agency must use the voucher within one (1) year of issuance, or the voucher will be void. Axon will issue Agency a voucher annually beginning on the start of the TASER Subscription Term. The voucher has no cash value. Agency cannot exchange it for another device or service. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency’s responsibility. If the Quote includes Axon Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, "Training Content"), Agency may access Training Content. Axon will deliver all Training Content electronically.

3. TASER Upgrade. If Agency purchases Axon’s 10-year certification program for Axon’s latest version of its TASER energy weapon ("Certification Program") and has no outstanding payment obligations as of the beginning of the sixth (6th) year of the Certification Program, Agency will qualify for an upgrade to any subsequent version of the Certification Program ("CEW Upgrade"). Agency will receive the CEW Upgrade at no additional cost, only to the extent such subsequent version of the Certification Program includes the same products or features as the Certification Program purchased by Agency. If Agency wants to upgrade to a Certification Program that includes additional products or features, Agency will pay the additional cost associated with such products and features. For the avoidance of doubt, Agency is not required to upgrade to any subsequent version of the Certification Program. Axon may ship the CEW Upgrade as scheduled in the Quote without prior confirmation from agency unless the Parties agree in writing otherwise at least ninety (90) days in advance. If necessary to maintain compatibility among Axon Devices, within thirty (30) days of receiving the CEW Upgrade, Agency must, if requested by Axon, return all hardware and related accessories received in connection with the Certification Program to Axon. In such event, Agency must ship batteries via ground shipping or in accordance with federal regulations in place at the time of the return. Axon will pay shipping costs for the return if Agency uses Axon’s RMA process.

4. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a five- (5-) year term, which includes the hardware manufacturer’s warranty plus the four- (4-) year extended term.

5. Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP, then that discount may only be applied as a trade-in credit, and Agency must return used hardware and accessories associated with the discount ("Trade-In Units") to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Agency the value of the trade-in credit. Agency may not destroy Trade-In Units and receive a trade-in credit.

Agency Size Days to Return from Start Date of TASER 7 Subscription Less than 100 officers 30 days
100 to 499 officers 90 days
500+ officers 180 days

6. TASER 7 Subscription Term. The TASER 7 Subscription Term for a standalone TASER 7 purchase begins on shipment of the TASER 7 hardware. The TASER 7 Subscription Term for OSP 7 begins on the OSP 7 Start Date.

7. Access Rights. Upon Axon granting Agency a TASER 7 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 7 CEW devices during the TASER 7 Subscription Term. Agency may not exceed the number of end users the Quote specifies.

8. Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure Axon Enterprise, Inc.’s TASER
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request is received for Agency Content, so Agency may file an objection with the court or administrative body.

9. Termination. If payment for TASER 7 is more than thirty (30) days past due, Axon may terminate Agency’s TASER 7 plan by notifying Agency. Upon termination for any reason, then as of the date of termination:

9.1. TASER 7 extended warranties and access to Training Content will terminate. No refunds will be given.

9.2. Axon will invoice Agency the remaining MSRP for TASER 7 products received before termination. If terminating for non-appropriations, Axon will not invoice Agency if Agency returns the CEW, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within thirty (30) days of the date of termination.

9.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 7 plan.

Axon Enterprise, Inc.’s TASER
Energy Weapon Agreement
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Page 15 of 16 Department: Legal
Version: 3.0
Release Date: 8/18/2023
TASER 10 Appendix
This TASER 10 Appendix applies to Agency’s TASER 10, OSP 10, OSP Plus, or OSP 10 Plus Premium purchase from Axon, if applicable.

1. Duty Cartridge Replenishment Plan. If the Quote includes "Duty Cartridge Replenishment Plan", Agency must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Agency may not resell cartridges received. Axon will only replace cartridges used in the line of duty.

2. Training. If the Quote includes a training voucher, Agency must use the voucher within one (1) year of issuance, or the voucher will be void. Axon will issue Agency a voucher annually beginning on the start of the TASER Subscription Term. The voucher has no cash value. Agency cannot exchange it for another device or service. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency’s responsibility. If the Quote includes Axon Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, "Training Content"), Agency may access Training Content. Axon will deliver all Training Content electronically.

3. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a five- (5-) year term, which includes the hardware manufacturer’s warranty plus the four- (4-) year extended term.

4. Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP, then that discount may only be applied as a trade-in credit, and Agency must return used hardware and accessories associated with the discount ("Trade-In Units") to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Agency the value of the trade-in credit. Agency may not destroy Trade-In Units and receive a trade-in credit.

Agency Size Days to Return from Start Date of TASER 10 Subscription Less than 100 officers 60 days
100 to 499 officers 90 days
500+ officers 180 days

5. TASER 10 Subscription Term. The TASER 10 Subscription Term for a standalone TASER 10 purchase begins on shipment of the TASER 10 hardware. The TASER 10 Subscription Term for OSP 10 begins on the OSP 10 Start Date.

6. Access Rights. Upon Axon granting Agency a TASER 10 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 10 CEW devices during the TASER 10 Subscription Term. Agency may not exceed the number of end users the Quote specifies.

7. Agency Warranty. Agency warrants and acknowledges that TASER 10 is classified as a firearm and is being acquired for official Agency use pursuant to a law enforcement agency transfer under the Gun Control Act of 1968.

8. Purchase Order. To comply with applicable laws and regulations, Customer must provide a purchase order to Axon prior to shipment of TASER 10.

9. Apollo Grant (US only). If Agency has received an Apollo Grant from Axon, Agency must pay all fees in the Quote prior to upgrading to any new TASER CEW offered by Axon.

Axon Enterprise, Inc.’s TASER
Energy Weapon Agreement
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Page 16 of 16 Department: Legal
Version: 3.0
Release Date: 8/18/2023
Axon Virtual Reality Content Terms of Use Appendix
1 Term. The Quote will detail the duration of the Virtual Reality Content license. 2 Headsets. Agency may purchase additional virtual reality headsets from Axon. In the event Agency decides to purchase additional virtual reality headsets for use with Axon’s Virtual Reality Content, Agency must purchase those headsets from Axon.
3 License Restrictions. All licenses will immediately terminate if Agency does not comply with any term of this Agreement. If Agency utilizes more users than stated in this Agreement, Agency must purchase additional Virtual Reality Content licenses from Axon. Agency may not use Virtual Reality Content for any purpose other than as expressly permitted by this Agreement. Agency may not:

3.1 modify, tamper with, repair, or otherwise create derivative works of Virtual Reality Content;

3.2 reverse engineer, disassemble, or decompile Virtual Reality Content or apply any process to derive the source code of Virtual Reality Content, or allow others to do the same;

3.3 copy Virtual Reality Content in whole or part, except as expressly permitted in this Agreement;

3.4 use trade secret information contained in Virtual Reality Content;

3.5 resell, rent, loan or sublicense Virtual Reality Content;

3.6 access Virtual Reality Content to build a competitive device or service or copy any features, functions, or graphics of Virtual Reality Content; or

3.7 remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Virtual Reality Content or any copies of Virtual Reality Content.
4 Privacy. Agency’s use of the Virtual Reality Media is subject to the Axon Virtual Reality Privacy Policy, a current version of which is available at https://www.axon.com/legal/axon-virtual-reality-privacy-policy. 5 Termination. Axon may terminate Agency’s license immediately for Agency’s failure to comply with any of the terms in this Agreement.

Q-633693-45610.772KP
Issued: 11/14/2024
Quote Expiration: 12/31/2024
Estimated Contract Start Date: 02/01/2025
Account Number: 524351
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Madera Police Dept. - CA
330 S C ST

MADERA,
CA
93638-3727
USA
Madera Police Dept. - CA
330 S C ST
MADERA
CA
93638-3727
USA
Email:

Kyle Panasewicz
Phone: +1 4803294734
Email: [email protected]
Fax: (480) 905-2071
Mark Adams
Phone: (559) 675-4200
Email: [email protected]
Fax: (559) 674-4844
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $9,891.72 TOTAL COST $249,431.06
ESTIMATED TOTAL W/ TAX $265,686.35 TOTAL SAVINGS $49,458.60 Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

Payment Summary
Date Subtotal Tax Total
Jan 2025 $249,431.06 $16,255.29 $265,686.35
Total $249,431.06 $16,255.29 $265,686.35

Quote Unbundled Price: $298,889.66
Quote List Price: $263,616.86
Quote Subtotal: $249,431.06
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
T10Basic TASER 10 Basic Bundle 71 60 $63.28 $55.00 $51.67 $220,114.20 $14,042.92 $234,157.12 A la Carte Hardware
80090 AXON TASER - TARGET FRAME - PROFESSIONAL 27.5
IN X 75 IN 1 $88.97 $88.97 $88.97 $7.33 $96.30
80087 AXON TASER - TARGET - CONDUCTIVE PROFESSIONAL
RUGGEDIZED 1 $177.89 $177.89 $177.89 $14.67 $192.56
100623 AXON TASER - TRAINING - ENHANCED HALT SUIT V2 1 $750.00 $750.00 $750.00 $61.87 $811.87 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 10 $160.00 $160.00 $1,600.00 $132.00 $1,732.00 100400 AXON TASER 10 - CARTRIDGE - HALT 500 $22.00 $22.00 $11,000.00 $907.50 $11,907.50 100399 AXON TASER 10 - CARTRIDGE - LIVE 600 $22.00 $22.00 $13,200.00 $1,089.00 $14,289.00 A la Carte Services
101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $2,500.00 $2,500.00 $2,500.00 $0.00 $2,500.00
Total $249,431.06 $16,255.29 $265,686.35
Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date TASER 10 Basic Bundle 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 71 2 01/01/2025 TASER 10 Basic Bundle 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 2 2 01/01/2025 TASER 10 Basic Bundle 100393 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK 2 1 01/01/2025 TASER 10 Basic Bundle 100393 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK 71 1 01/01/2025 TASER 10 Basic Bundle 100399 AXON TASER 10 - CARTRIDGE - LIVE 710 1 01/01/2025 TASER 10 Basic Bundle 100611 AXON TASER 10 - SAFARILAND HOLSTER - RH 71 1 01/01/2025 TASER 10 Basic Bundle 20018 AXON TASER - BATTERY PACK - TACTICAL 12 1 01/01/2025 TASER 10 Basic Bundle 20018 AXON TASER - BATTERY PACK - TACTICAL 2 1 01/01/2025 TASER 10 Basic Bundle 20018 AXON TASER - BATTERY PACK - TACTICAL 71 1 01/01/2025 TASER 10 Basic Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 1 1 01/01/2025 TASER 10 Basic Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 1 1 01/01/2025 TASER 10 Basic Bundle 74200 AXON TASER - DOCK - SIX BAY PLUS CORE 1 1 01/01/2025 A la Carte 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 10 1 01/01/2025 A la Carte 100399 AXON TASER 10 - CARTRIDGE - LIVE 600 1 01/01/2025 A la Carte 100400 AXON TASER 10 - CARTRIDGE - HALT 500 1 01/01/2025 A la Carte 100623 AXON TASER - TRAINING - ENHANCED HALT SUIT V2 1 1 01/01/2025 A la Carte 80087 AXON TASER - TARGET - CONDUCTIVE PROFESSIONAL RUGGEDIZED 1 1 01/01/2025

Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date A la Carte 80090 AXON TASER - TARGET FRAME - PROFESSIONAL 27.5 IN X 75 IN 1 1 01/01/2025
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date TASER 10 Basic Bundle 20248 AXON TASER - EVIDENCE.COM LICENSE 71 02/01/2025 01/31/2030 TASER 10 Basic Bundle 20248 AXON TASER - EVIDENCE.COM LICENSE 1 02/01/2025 01/31/2030 Services
Bundle Item Description QTY
A la Carte 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date TASER 10 Basic Bundle 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 71 01/01/2026 01/31/2030 TASER 10 Basic Bundle 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 2 01/01/2026 01/31/2030 TASER 10 Basic Bundle 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 12 01/01/2026 01/31/2030 TASER 10 Basic Bundle 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 71 01/01/2026 01/31/2030 TASER 10 Basic Bundle 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 2 01/01/2026 01/31/2030 TASER 10 Basic Bundle 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 1 01/01/2026 01/31/2030

Shipping Locations
Location Number Street City State Zip Country
1 330 S C ST MADERA CA 93638-3727 USA
2 330 S C ST MADERA CA 93638-3727 USA
Payment Details
Jan 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 1 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 10 $1,600.00 $132.00 $1,732.00 Annual Payment 1 100399 AXON TASER 10 - CARTRIDGE - LIVE 600 $13,200.00 $1,089.00 $14,289.00 Annual Payment 1 100400 AXON TASER 10 - CARTRIDGE - HALT 500 $11,000.00 $907.50 $11,907.50 Annual Payment 1 100623 AXON TASER - TRAINING - ENHANCED HALT SUIT V2 1 $750.00 $61.87 $811.87 Annual Payment 1 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $2,500.00 $0.00 $2,500.00 Annual Payment 1 80087 AXON TASER - TARGET - CONDUCTIVE PROFESSIONAL RUGGEDIZED 1 $177.89 $14.67 $192.56 Annual Payment 1 80090 AXON TASER - TARGET FRAME - PROFESSIONAL 27.5 IN X 75 IN 1 $88.97 $7.33 $96.30 Annual Payment 1 T10Basic TASER 10 Basic Bundle 71 $220,114.20 $14,042.92 $234,157.12 Total $249,431.06 $16,255.29 $265,686.35

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon TASER Energy Weapon Agreement:

ACEIP:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s TASER Energy Weapon Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

\s1\ \d1\
Signature Date Signed
11/14/2024
RESOLUTION NO. 24-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

AUTHORIZING AND APPROVING AN AMENDMENT TO THE CITY OF
MADERA FISCAL YEAR 2024/2025 ADOPTED BUDGET TO APPROPRIATE

MEASURE K FUNDS FOR THE PURCHASE OF TASERS FOR THE POLICE

DEPARTMENT
WHEREAS, the City Council has authorized the purchase of Tasers from Axon Enterprises Inc. in the amount of $265,686.35; and
WHEREAS, the City appropriated $200,000 for the purchase in the City of Madera Fiscal Year 2024/2025 Budget; and
WHEREAS, the remaining $65,686.35 of the purchase was not included in the City of Madera Fiscal Year 2024/2025 Budget; and
WHEREAS, the amendment to the City of Madera Fiscal Year 2024/2025 Adopted Budget, listed in Exhibit 1, attached hereto, is necessary to appropriate funds for the expenditure of the Tasers.

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

1. The above recitals are true and correct.

2. Funds shall be appropriated in the Fiscal Year 2024/25 operating budget in the amount of $65,686.35 from available Measure K fund balance in the Measure K vehicle and equipment account to fund the purchase of 71 Tasers.

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 (+) (-)

MEASURE K
1025 10252000 4900 Budgetary Carryover 65,686
1025 10252000 7000 Vehicles & Equipment 65,686
TOTALS 65,686 65,686
EXHIBIT 1
CITY OF MADERA FISCAL YEAR 2024/25 BUDGET APPROPRIATION

FOR POLICE DEPARTMENT TASER PURCHASE
1 REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: December 18, 2024
Agenda Number:

Keith Helmuth, City Engineer
Arnoldo Rodriguez, City Manager
SUBJECT:

Contract Award for Fairgrounds Lift Station Modifications, City Project SS-00006 RECOMMENDATION:

Adopt a Resolution:

1. Approving the contract award for the Fairgrounds Lift Station Modifications, City Project SS-00006 for $1,902,002 to Telstar Instruments; and

2. Authorizing a contingency of 10 percent of the contract amount; and

3. Adopting a CEQA Class 2 Replacement or Reconstruction Categorical Exemption per Section 15302 (c).

SUMMARY:

The Fairgrounds Lift Station, located in a fenced area on the south side of Cleveland Avenue east of Schnoor Avenue, handles approximately 30 percent of the City’s sewer flows. The pump station was constructed in the mid-1970s and rehabilitated in 1991. Two condition assessments completed in 2007 and 2018 identified significant deficiencies in the condition and operation of the pump station. A project to improve the Fairgrounds Lift Station has been included in the Capital Improvement Program for many years as CIP Project SS-00006.

AECOM Technical Services (AECOM) was hired through the City’s On-call Consultant Services agreement to evaluate the existing lift station, provide recommendations for improvements, and ultimately prepare engineered construction drawings and specifications for bidding. The City received six bids for the project on November 20, 2024. TelstarInstruments submitted the lowest responsive and responsible bid. The project is primarily funded with Sewer Capital Outlay funds.

D-2
DISCUSSION:

On October 19, 2022 the City Council (Council) approved an On-Call Consultant Services agreement with AECOM for on-call, as-needed professional engineering services. This contract is in effect through October 19, 2025. AECOM was issued Task Order 1014-2023 to the Engineering Services Agreement for evaluation and design of upgrades to the Fairgrounds Sewage Lift Station.

The Fairgrounds Lift Station is responsible for pumping sewage collected from the area east of Schnoor Avenue between Cleveland Avenue and Avenue 16/Kennedy Avenue as well as the area between Schnoor Avenue, Granada Drive, the Fresno River, and Avenue 16/Kennedy Avenue. In 2023, flows into the lift station measured 1.6 MGD (million gallons per day). Average daily flows received at the Wastewater Treatment Plant (WWTP) measure 5.15 MGD. There is no secondary system to maintain sewer flows should the main lift station be out of service. Without this critical lift station in operation, sewage will not reach the WWTP.

Constructed in 1975, the lift station is a “dry pit” type lift station built in a confined space some 30 feet underground. The lift station was modified in 1991 to include installation of a comminutor, a sewage grinder to reduce the size of solids, with an associated vault and ventilation system and the installation of three variable frequency drives (VFDs) to control the pumps. The pump station site was enlarged to the north and the west when the comminutor and VFDs were installed.

A 2007 study by Blair, Church, and Flynn Consulting Engineers identified extensive deficiencies in the facility, primarily with the pumping units in the drywell. The condition assessment completed in 2018 by Stantec Consulting Engineers confirmed the continued mechanical issues of the pump station. The report indicated that significant repairs were needed to the mechanical equipment and that all the equipment had reached its end of useful life, and assigned a high priority for equipment replacement. One major issue is that replacement parts for the 50 year old pumps are no longer manufactured. In lieu of changing out pump equipment in the existing in-ground pit style pump station, the consultant proposed installing a new surface mounted lift station in the same base area. This utilizes new pumping equipment and allows staff to not work 30 feet underground or in confined space conditions. The new lift station design is a package unit to be housed within the existing footprint of the existing lift station and will accommodate the ultimate widening of Cleveland Avenue.

SITUATION:

AECOM completed engineered construction plans and specifications for the purposes of upgrading the existing lift station with new pumps, equipment, backup generator, concrete and electrical controls. The general scope of work consists of the following:
 New inlet channel coating and concrete
 New wet well coatings, instrumentation replacement, cover replacement and new suction piping
 New packed pumping system utilizing 3 self-priming pumps. The old in-ground pumps will be abandoned.
 Electrical – Replacement of Motor Control Center panels.  Electrical – New Variable Frequency Drive panels
 New Standby Generator
 Site Work – New site lighting and pavement repairs
On October 3, 2024, the construction plans and specifications were released for public bidding through the Planet Bids website portal. An “Advertisement for Bids” was published in the Madera Tribune on October 9th and again on October 16th.

On November 20, 2024, six bids were received. The bids were checked for accuracy against bidding requirements, validity of licenses, and bid security. Table 1 presents a summary of the bids received.

Table 1: Bid Overview
Bidder Total Bid

1. Telstar Instruments $1,902,002

2. Rolfe Construction $2,112,751

3. Koch &Koch, Inc. $2,388,000

4. TSI Engineering $2,570,786

5. HPS Mechanical Inc. $2,750,905

6. W.M. Lyles $2,895,000
Engineer’s Opinion of Cost $1,694,000
Telstar Instrumentssubmitted the lowest responsive and responsible bid that meets the contract requirements and is therefore recommended for award. An allowance of 10 percent of the contract amount for contingencies for unknown or unforeseen conditions is also recommended.

AECOM performed a preliminary environmental assessment of this project and determined that it qualifies for a Categorical Exemption, Class 2 Replacement or Reconstruction set forth in California Environmental Quality Act (CEQA) Guidelines section 15302 (c). The proposed project includes replacing the existing equipment at the pump station with a new self-priming triplex packaged pumping station, wet well refurbishment, concrete repair, new generator, and associated electrical work to improve the reliability and extend the life of the pump station. As such, the proposed project would be considered Replacement or Reconstruction and would be exempt under a Class 2 Categorical Exemption. The project does not meet any of the conditions for Exceptions to the Categorical Exemptions set forth in CEQA Guidelines section 15300.2 apply to this project. That is to say, there are no known potential impacts as defined by the CEQA Guidelines in section 15300. As such, staff recommends that Council adopt a Class 2 Categorical Exemption for this project.

FINANCIAL IMPACT:

There is no fiscal impact on the City’s General Fund. Rather, the project is funded with Sewer Capital Outlay funds in the Sewer Enterprise Fund Account.

Table 2: Project Budget
Line Item Amount
Telstar Instruments Contract (pending) $1,902,002
Project Contingency $190,200
Various Construction Administration Related Costs $150,000 Total Project Budget $2,242,202
ALTERNATIVES:

Reject all bids. Rebidding the project adds financial and operational risk by potentially increasing the construction cost and delay in construction.

ATTACHMENTS:

1. Resolution approving Contract
a. Exhibit A – Contract
Attachment 1
Contract Award Resolution
RESOLUTION NO. 24-

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

CALIFORNIA APPROVING THE CONTRACT AWARD FOR THE
FAIRGROUNDS LIFT STATION MODIFICATIONS, CITY PROJECT SS-00006, IN THE AMOUNT OF $1,902,002 TO TELSTAR INSTRUMENTS AND

ADOPTING A CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CLASS 2 CATEGORICAL EXEMPTION (EXISTING FACILITIES)
WHEREAS, on October 3, 2024, the City of Madera (City) Engineering Department advertised a solicitation for construction bids for the Fairgrounds Lift Station Modifications, City Project SS-00006 hereinafter referred to as “the Project”;and WHEREAS, six sealed bids were received on November 20, 2024, and opened by the City Engineer; and
WHEREAS, Telstar Instruments was selected as the lowest responsive and responsible bidder; and
WHEREAS, the Project is programmed in the Capital Improvement Projects Budget for Fiscal Year 2024/25 under CIP Projects SS-00006; and
WHEREAS, the City has determined that a Class 2 Categorical Exemption (Replacement or Reconstruction) as set forth in the CEQA Guidelines Section 15302, applies to the Project.

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

1. The above recitals are true and correct.

2. The City Council (Council) has reviewed and considered all of the information presented including the report to Council from the Engineering Department.

3. The City finds that Telstar Instruments is the lowest responsible and responsive bidder.

4. The contract for the Project in the Amount of $1,902,002 to Telstar Instruments, a copy of which is attached hereto as Exhibit A and referred to for particulars, is approved.

5. Council authorizes Construction Contingencies of up to 10 percent as approved by the City Engineer

6. Council finds and determines that a Class 2 Categorical Exemption (Replacement or Reconstruction) as set forth in CEQA Guidelines 15302 applies to this project, as the Project replaces existing equipment. Further, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines 15300.2 apply to the Project.

7. This Resolution is effective immediately upon adoption. *******
Exhibit A
Contract Agreement

AGREEMENT
THIS AGREEMENT, made this 18th day of December, 2024, between the City of Madera, hereinafter called “OWNER”, and Telstar Instruments, doing business as (an individual), or (a partnership), or (a corporation), hereinafter called “CONTRACTOR”.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

1. The CONTRACTOR shall commence and complete all WORK required for the “FAIRGROUNDS LIFT STATION MODIFICATION, , City Project No. SS-00006”

2. 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 herein.

3. The CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will complete the same within the time period set forth in the CONTRACT DOCUMENTS. The CONTRACTOR shall submit a Payment Bond and Performance Bond in the amount of $1,902,002.00, each and Insurance Certificates as specified in the CONTRACT DOCUMENTS prior to commencing any WORK.

4. The CONTRACTOR agrees to perform all of the WORK described in the DOCUMENTS for the unit and lump sum prices set forth in the Bid Schedule.

5. The term “CONTRACT DOCUMENTS” means and includes the following:
(A) Advertisement for Bids
(B) Information for Bidders
(C) Bid Proposal
(D) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Insurance Requirements for Contractors
(I) Section 1, General Conditions
(J) Section 2, Special Conditions
(K) Section 3, City of Madera Standard Specifications and Drawings (L) Section 4, Bid Items
(M) Section 5, Technical Specifications
(N) State Standard Plans and Specifications

Addendum No. 1 dated November 13, 2024

6. In the event the CONTRACTOR does not complete the WORK within the time limit specified herein or within such further time as authorized, the CONTRACTOR shall pay to the OWNER liquidated damages in the amount of One Thousand Dollars ($1,000.00) per day for each and every calendar day delay in finishing the WORK beyond the completion date so specified.

7. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. In no event shall total compensation exceed $1,902,002.00 except as may otherwise be authorized in writing per Section

16. For any moneys earned by the CONTRACTOR and withheld by the OWNER to ensure the performance of the Contract, the CONTRACTOR may, at his request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Division 2, Part 5, Section 22300 of the Public Contract Code of the State of California.

8. 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:

1. A time extension, including, without limitation, for relief from damages or penalties for delay assessed by Owner under this Contract.

2. 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.

3. Payment of an amount that is disputed by the Owner.

B. The Claim Must Be Timely and in Writing:

For all claims the claim must be in writing and include the documents necessary to substantiate the claim. A notice of potential claim must be filed within five (5) business days of Contractor’s completion of work that is a potential claim. Notice of an actual claim must be filed on or before the date of final payment.

C. Receipt of Claim by Owner:

Upon receipt of a claim pursuant to this section, the Owner will conduct a reasonable review of the claim and, within a period not to exceed 45 days from the date of receipt, will provide the Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, Owner and Contractor may, by mutual agreement, extend the time period provided in this section.

The Contractor shall furnish reasonable documentation to support the claim. If additional information is thereafter required, it shall be requested and provided upon mutual agreement by the Owner and the Contractor. The District's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation.

D. City Council Approval:

If the Owner needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the Owner shall have up to three days following the next duly publicly noticed regular meeting of the City Council after the 45-day period or extension expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

E. Payment of Claim:

Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. If the Owner fails to issue a written statement, paragraph F below shall apply.

F. Meet and Confer:

If the Contractor disputes the Owner’s written response, or if the Owner fails to respond to a claim issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the Owner shall schedule a meet and confer conference within 30 days for settlement of the dispute.

Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the Owner shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the Owner and the Contractor sharing the associated costs equally. The Owner and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

Under this Contract, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.

Any mediation utilized shall conform to the timeframes in this section.

Unless otherwise agreed to by the Owner and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

If mediation as set forth above does not resolve the parties’ dispute, the parties will proceed to arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program.

G. Filing a Government Code Written Claim Notice:

Following the meet and confer conference, if the claim or any portion remains in dispute, the Contractor may file a claim under the Torts Claims Act as provided in Chapter 1 (commencing with Section 900) and Chapter 2 commencing with Section 910) of Part 3 of Division

3.6 of Title 1 of the Government Code Section 900.

H. Owner’s Failure to Respond to Claim:

Failure by the Owner to respond to a claim from Contractor within the time periods described above or to otherwise meet the time requirements set forth above shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the Owner’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor.

I. Interest:

Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

J. Subcontractor Claims:

If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against Owner because privity of contract does not exist, the Contractor may present to the Owner a claim on behalf of a subcontractor or lower tier subcontractor. For purposes of this paragraph, the term “subcontractor’ means any type of subcontractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with the Contractor or is a lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the Owner shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the Owner and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

K. Filing of Action on Unresolved Claims:

The parties shall follow the procedures set forth in Public Contracts Code Section 20104.4 if an action is filed to resolve claims under the foregoing provisions. Any action shall be filed in Madera County.

9. 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. 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. The CONTRACTOR shall comply with Part 7, Chapter l, Article 2, Section 1775 of the Labor Code of the State of California. The CONTRACTOR shall, as a penalty to the OWNER, forfeit fifty dollars ($50.00) for each calendar day, or portion thereof, for each workman paid less than the prevailing rates for such work or craft in which such workman is employed for any public work done under the Contract by him or by any SUBCONTRACTOR under him. The difference between such prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than a prevailing wage rate, shall be paid to each workman by the CONTRACTOR.

12. The CONTRACTOR shall comply with Part 7, Chapter l, Article 2, Section 1776 of the Labor Code of the State of California. 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. Should non-compliance still be evident after the ten (10) day period, the CONTRACTOR shall, as a penalty to the OWNER forfeit twenty-five dollars ($25.00) for each calendar 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.

13. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the CONTRACTOR or any SUBCONTRACTOR under him. It is the CONTRACTOR’S responsibility to ensure compliance by both itself 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 one-thirtieth 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.

14. 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 workman is required or permitted to work, except in cases of extraordinary emergency caused by fires, flood, or danger to life and property. The CONTRACTOR doing the work, or his duly authorized agent, shall file with OWNER a report, verified by his oath, setting forth the nature of the said emergency, which report shall contain the name of said worker and the hours worked by him on the said day, and the CONTRACTOR and each SUBCONTRACTOR shall also keep an accurate record showing the names and actual hours worked of all workers employed by him in connection with the work contemplated by this Agreement, which record shall be open at all reasonable hours to the inspection of the OWNER, or its officer or agents and to the Chief of all Division of Labor Statistics and Law Enforcement of the Department of Industrial Relations, his deputies or agents; and it is hereby further agreed that said CONTRACTOR shall forfeit as a penalty to the OWNER the sum of Twenty-Five Dollars ($25.00) for each laborer, workman or any SUBCONTRACTOR under him for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of this stipulation.

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.

15. 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.

16. 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 supplemental agreement or 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 contract 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.

17. 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.

18. Contractor must comply with the insurance requirements as described in the section “INSURANCE REQUIREMENTS FOR CONTRACTOR”, pages 39-40 of the Contract Documents.

19. Amendments- Any changes to this Agreement requested by either City or Telstar Instruments. 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.

20. Termination.

A. This Agreement may be terminated at any time by either party upon fifteen (15) calendar days written notice. In the event the Agreement is terminated by either party, Telstar Instruments shall be compensated for services performed to the date of termination based upon the compensation rates and subject to the maximum amounts payable agreed to together with such additional services performed after termination which are authorized in writing by the City representative to wind up the work performed to date of termination.

B. City may immediately suspend or terminate this Agreement in whole or in part by written notice where, if in the determination of City, there is:

1. An illegal use of funds by Telstar Instruments;

2. A failure by Telstar Instruments to comply with any material term of this Agreement;

3. A substantially incorrect or incomplete report submitted by Telstar Instruments to City.

In no event shall any payment by City or acceptance by Telstar Instruments constitute a waiver by such party of any breach of this Agreement or any default which may then exist on the part of either party. Neither shall such payment impair or prejudice any remedy available to either party with respect to such breach or default. City shall have the right to demand of Telstar Instruments the repayment to City of any funds disbursed to Telstar Instruments, Inc. under this Agreement which, as determined by the appropriate court or arbitrator, were not expended in accordance with the terms of this Agreement.

Notice of termination shall be mailed to the City:

City of Madera
Engineering Department
428 E. Yosemite Avenue
Madera, Ca 93637
To the Contractor Telstar Instruments
Notices. All notices and communications from the Telstar Instruments 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.

21. Compliance With Laws- City shall comply 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.

22. 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.

23. 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.

24. 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.

25. Contractor’s Legal Authority - Each individual executing or attesting this Agreement on behalf of Telstar Instruments 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 Telstar Instruments is a duly organized and legally existing corporation in good standing in the State of California.

26. 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.

27. 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, City 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.

28.Sole Agreement- This instrument constitutes the sole and only Agreement between City and Telstar Instruments in connection to the Project and correctly sets forth the obligations of the City and Telstar Instruments 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.

29. Assignment-Neither the Telstar Instruments nor City will assign its interest in this Agreement without the written consent of the other.

30. 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
Herein Called OWNER
By:

Cece Gallegos, Mayor
APPROVE AS TO FORM:

Shannon L. Chaffin, City Attorney
ATTEST:

Alicia Gonzales, City Clerk
BY: Telstar Instruments
Herein Called CONTRACTOR
BY:

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.

California Notary acknowledgement required to be attached.

State· of California
County of _____________ _
On __________ before me, _______________________ _
Dais Here lnseri Name and TTrJe ol r.he Ol!icer
Rersonally appeared --------------------------------- Name(8) ofSigner(s) Who proved to me on the basis of satisfactory evidenoe to be the person(s), whose name(s) isJare subscribed to th,e within instrument and acknowledged to me th at helslhe/they executed the same in his/her/lheir signature(_s) on the 1instrnmenitthe Jpernon(s), or i hie entity uipon behalf of which the Jperson(s) acted,, ,executed the instrument.

PJece Notary Seal/St:amp Above
I certify under !PENAL Y OF F'ERJI.JIRY 1und.er ~he laws ofthe Staite of CaM'orn,i.a1 that the ·for,egoing paragraph is true an.d co11r,ect.

WITNESS my hand and officiall seal.

S gnawro of Notary Public

REPORT TO CITY COUNCIL
Approved by:
________________________________
Council Meeting of: December 18, 2024
Agenda Number: D-3
Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Approval of an Agreement with Wordly for Translation Services RECOMMENDATION:

1. Adopt a Resolution approving the agreement with Wordly for the provision of AI-powered translation services at City Council meetings

2. Adopt a Resolution approving a budget amendment for the amount of $9,950 SUMMARY:

Effective communication and engagement with all members of the community is a priority for the City. The City’s diverse population includes many residents who speak languages other than English, which can pose challenges in promoting full participation and ensuring transparency during City Council meetings. Among the most commonly spoken languages in the community are Spanish and Punjabi.

Following a presentation by Wordly’s co-founder on October 10, 2024, Council directed staff to bring forward a contract proposal. Wordly offers real-time translations in multiple languages, including Spanish and Punjabi, meeting the City’s needs for inclusivity and accessibility.

BACKGROUND:

Currently, the City provides translation services as needed, depending on anticipated audience requirements. Workshops held earlier this year on February 21 and September 18 explored implementing two-way Spanish-English interpretation and extending services to include Punjabi.

On October 2, 2024, staff introduced Wordly as a potential artificial intelligence (AI) solution.

Following a presentation on October 10, the Council voted to proceed with drafting an agreement for its services.

DISCUSSION:

After thorough research and vendor outreach, staff identified Wordly as the AI translation service provider that best meets the City's needs. Staff contacted DeepL and 3Play Media for quotes; however, they did not meet one of the requirements of supporting Punjabi language translation.

Wordly provides real-time translation in a wide variety of languages, including Spanish and Punjabi, which are commonly spoken in our community. Additionally, Wordly's services integrate seamlessly with the City’s existing meeting structure, offering both audio and text-based translations accessible through personal devices and in-person displays.

The proposed agreement with Wordly includes an annual cost of $9,950 for 70 hours of service.

Given that translation services were not included in FY 2024/25 budget, this item also requires a budget amendment.

It is worth noting that the City conducts approximately 19 Regular City Council meetings and 5 Special City Council meetings annually, totaling approximately 60 hours. Staff will monitor the contract usage and return to Council should additional hours be needed.

FINANCIAL IMPACT:

A budget amendment of $9,950 from the unassigned fund balance of the General Fund is required to cover the annual cost of Wordly’s services.

ALTERNATIVES:

Should the Council require additional information, analysis, or research, staff can provide further details on translation services. Options include:

1. Conducting additional research or data collection to address specific concerns.

2. Exploring alternative interpreting services.

3. Continuing with the current in-person translation practices.

ATTACHMENTS:

1. Resolution Approving an Agreement with Wordly
a. Exhibit A: Wordly Agreement
b. Exhibit A: Wordly Privacy Policy
c. Exhibit B: Wordly Terms of Service

2. Resolution Approving Budget Amendment
a. Exhibit A: Budget Amendment
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING

AN AGREEMENT WITH WORDLY FOR AI TRANSLATION SERVICES AT CITY

COUNCIL MEETINGS
WHEREAS, the City of Madera recognizes that effective communication and engagement with all members of the community is a priority for the City; and WHEREAS, the City currently provides translation services as needed, depending on anticipated audience requirements.; and
WHEREAS, the City of Madera seeks to enhance language accessibility by entering into an agreement with Wordly to provide AI-powered translation services at City Council meetings; and WHEREAS, after researching various AI translation service vendors, Wordly has been identified as the provider that best meets the City’s needs; and
WHEREAS, the City, in compliance with the City’s purchasing policy, has determined to enter into an agreement with Wordly for $9,950.

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

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

2. The agreement with Wordly for $9,950 is approved.

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

Exhibit B

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HSolations v Use Cases v Pricing Company v Resources v § Wordly, Inc Terms of Service

TERMS OF SERVICE
Last updated: June 20, 2024

1. Introduction
Welcome to the Wordly, Inc ("Company'', "we", "our", "us", 'Wordly") Terms of Service.

Please read through the following information prior to using Wordly.

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It
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These Terms of Service ("Terms", "Terms of Service") govern your use of the Wordly Service ("Service", "Services"), which includes all Wordly affiliated websites, Wordly Mobile Applications, Wordly Web Applications, Wordly Portal, Wordly APis, and Wordly Documentation.

Your agreement with us includes these Terms ("Agreements"). You acknowledge that you have read and understood Agreements, and agree to be bound by them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service. These Terms apply to all visitors, users and others who wish to access or use Service.

Thank you for being a responsible user.

2. Communications
By creating an Account on Service, you agree to subscribe to newsletters, marketing or promotional materials and other information Company may send. You may opt out of receiving any, or all of these communications from Company by using the unsubscribe link or by emailing Company at [email protected].

3. Subscriptions
Some parts of Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on Exhibit C

RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

AUTHORIZING AND APPROVING AN AMENDMENT TO THE CITY OF MADERA FISCAL YEAR 2024/2025 BUDGET TO ENTER INTO AN AGREEMENT WITH WORDLY
WHEREAS, the City Council has approved an agreement with Wordly to provide AI-powered translation services at City Council meetings; and
WHEREAS, the City seeks to approve a budget amendment to transfer funds from the unassigned General Fund to the City Clerk Department’s Contracted Services Fund for Fiscal Year 2024/2025, as detailed in Exhibit A, attached hereto; and WHEREAS, the budget amendment is necessary to allocate funds for the expenditure associated with the agreement.

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

1. The above recitals are true and correct.

2. The City Council approves the budget amendment to allocate funds to the City Clerk Department’s Contracted Services Fund as outlined in Exhibit A.

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

ORG OBJECT
FUND CODE CODE DESCRIPTION (+) (-)
General Fund 10200000 4900 Budgetary Carryover $ 9,950
10201010 6440 Contracted Services 9,950
$ 9,950 $ 9,950

EXHIBIT A

CITY OF MADERA
Budget Appropriations: Res. 24-______
Budget Adjustments for Fiscal Year 2024/25
1 REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 18, 2024
_________________________________ Agenda Number: ___________ Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

City Council Appointment to Fill Vacancy in Council District 1 RECOMMENDATION:

It is recommended that the City Council:

1. Consider the applications for the City Council District 1 seat and, after deliberation, adopt a Resolution appointing a candidate to fill the vacancy; or

2. Direct staff to prepare a Resolution calling for a special election to fill the vacancy, with the election to be held no later than Sunday, February 2, 2025, as required by applicable law.

DISCUSSION:

On December 4, 2024, the City Council voted to move forward with an appointment process to fill the District 1 vacancy created by the election of Cece Gallegos as Mayor. Council also outlined expectations for the process, which included submission of a completed application, a brief presentation by each candidate, and participation in a question-and-answer session. By motion, the Council identified Tim Riche and Rohi Zacharia (in alphabetical order by last name) as potential appointees for the District 1 seat.

Both candidates were provided with applications and given a submission deadline of Wednesday, December 11, 2024, at 5:00 p.m.

The City received completed applications from both candidates by the deadline. Each applicant has been verified as a registered voter and confirmed to meet the required age and residency qualifications.

The two applicants are listed on Table 1.

D-4
Table 1: Applicants; in alphabetical order by last name Tim Riche
Rohi Zacharia
Process
Per Council direction, candidates will introduce themselves, explain why they are seeking to fill the District 1 Councilmember seat for the remainder of the term, and respond to questions posed by Council. Public comments will also be invited.

Once presentations, Council questions, and public comment have concluded, Council may proceed with selection process as follows.

1. Deliberations

2. Motion and second to appoint one of the candidates

3. If the motion receives a majority vote, proceed to adopt a Resolution appointing the candidate

4. Should the motion fail to receive a majority vote, Council may entertain another motion and proceed as outlined above. Repeat as necessary until a candidate receives majority vote.

Should the Council be unable to reach a decision, a Resolution calling a special election will need to be adopted. Under Code Section 36512 (b) (1) the earliest a special election can occur is on the next regularly scheduled election date of November 4, 2025. As a result, the District 1 seat would remain vacant for nearly a year.

FINANCIAL IMPACT:

There is no significant fiscal impact associated with filling the vacancy through an appointment, apart from the monthly stipend of $500 and the cost of health benefits, should the appointed Councilmember choose to receive them. Alternatively, the appointee may elect to receive a $450 in-lieu payment in place of health benefits.

In contrast, the estimated cost of holding a special election in November 2025 is projected to range between $35,000 and $40,000.

ATTACHMENTS:

1. Resolution

2. Applications (in alphabetical order by last name):
a. Tim Riche
b. Rohi Zacharia
RESOLUTION NO. 24-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA TO FILL THE DISTRICT 1 VACANCY ON THE CITY COUNCIL FOLLOWING AN

APPLICATION AND INTERVIEW PROCESS
WHEREAS, as a result of the November 8, 2024, election, Council Member Cece Gallegos was elected Mayor, resulting in a vacancy for the remaining two-year term for her Council seat in District 1; and
WHEREAS, the City of Madera has not enacted an ordinance as contemplated by Government Code Section 36512(c), which states that a city may enact an ordinance that requires that a special election be called immediately or provides that a person appointed to the vacant seat only hold the office until the date of the special election; and WHEREAS, pursuant to Government Code Section 36512(b), if a vacancy occurs in an elective office, the Council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy; and WHEREAS, pursuant to Government Code Section 36512, at the regular meeting of December 4, 2024, the newly seated City Council desired to explore the appointment process to fill that vacancy; and
WHEREAS, at that meeting, the Council also nominated candidates, and directed those candidates to file applications with the City Clerk by December 11, 2024; and WHEREAS, the applications were timely filed by all candidates; and WHEREAS, the Council reviewed those applications and, at its meeting of December 18, 2024, and the public and each candidate were provided an opportunity to address the Council; and
WHEREAS, the Council has duly considered input received at the meeting; and, WHEREAS, the Council desires to select one of the applicants to fill the Council term vacated by Mayor Gallegos; and
WHEREAS, such an appointment would not result in a majority of the members serving on the Council having been appointed; and
WHEREAS, the person being appointed meets all of the following qualifications:
 A registered voter of the City (including age requirements).  A legal residence or domicile within the City and District 1.  Willingness to be appointed.
; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution and appointment have occurred.

NOW, THEREFORE, the City Council of the City of Madera resolves as follows:

1. The foregoing recitals are true and correct and incorporated herein as if set forth in full.

2. Pursuant to Government Code Section 36512, _______________ is hereby appointed to the office of Council Member that was vacated by the election of former incumbent Cece Gallegos to the office of Mayor and shall serve for the unexpired term of that Council office. ___________________ shall be deemed to have taken that office immediately upon being sworn in on ______________________ and shall serve exactly as if elected at a municipal election for the office of Council Member.

3. The City Clerk shall notify the Madera County Registrar of Voters of the City Council’s action.

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

treasurer for the last couple of years as we work to rescue sex trafficked victims. It is my honor to serve on the elder board at Valley West Christian Center where our vision is to bless the city of Madera with God’s love. The Madera County Workforce Development Agency has allowed me to be on their board going on four years where we have hired a new director and are developing the programs that will enable a workforce. I am President of the statewide program called CAWEE where we get to mentor new teachers from Chico to San Diego and everywhere in between. The California Work Experience Educators was in disarray and we have now stabilized the organization.

Prior Work
Owner Small Business TimRicheMedia Conulting Produced media and content, helped established branding and helped businesses market themselves internally and externally.

Teacher - Violet Heintz Academy - Caruthers, CA 1999-2000 On the site of Elkhorn Correctional Facility (Boot Camp), I taught an inclusive class of six subjects to Juvenile Violent Felons.

Health Unit Coordinator - Valley Children’s Hospital - Fresno, CA 1998-1999 In Craycroft Unit, I managed patient care and operations of the unit.

Videographer KMPH Fox 26 Fresno, CA 1998-1999 Videoed news stories, edited and had them prepared for the nightly broadcast.

Children’s Pastor - Valley West Christian Center - Madera, CA 1996-1999 Took over all aspects of organizing services, classes, camps and whatever else the kids were doing. Partnered with United Way and helped develop an after school program for the students in the neighborhood.

Playground Director Lily Street Housing Complex Organized activities for the children at Lily Street and Knox complexes. Was the first job I ever had in Madera and easily the best job I ever had! Other Pertinent Job Skills Competent on Google Apps, Adobe Photoshop, QuickPermit, Final Cut Pro, Imovie, Livefeed, Word, Powerpoint, Excel and Youtube Codec Streaming, Tik Tok, Facebook Insta Creative Studio
Still know the FFA creed and was a state placer in FFA Public Speaking, Timber Judging and was a Louisiana State Officer at Large

EDUCATION
Graduated 2010 Fresno Pacific University with a Masters in Educational Leadership and Organization as well as have an Administrative Services Credential
Graduated 2005, CSU San Bernardino with my ROP Teaching Credential Graduated 2003, CSU Fresno with my Multi-Subject Credential from the Cal State Teach Program Graduated 1997, CSU Fresno with a B.A. in Mass Communication and a minor in English

1. Please explain why you would like to be appointed to the City Council.

I would like to be appointed to the Madera City Council because I am deeply committed to the future of this community that has been my home for over 30 years. Madera has given so much to me and my family, and I feel it’s time to give back in a meaningful way.

I’ve spent my career teaching, mentoring, and working alongside the incredible people of Madera, and I’ve seen firsthand the challenges we face as well as the incredible potential we have to grow and thrive.

I’ve always believed in the power of education and community engagement, and my work in the schools and with local organizations has shown me how vital it is to have strong leadership that listens to the needs of its residents. Whether it's creating pathways to success for our youth through Career Technical Education, advocating for vulnerable populations, or ensuring that Madera's growth benefits all its residents, I want to be part of the decision-making process that shapes our city's future.

As a father, educator, and active community member, I’ve had the privilege of working with a wide range of people—from local businesses to school leaders to nonprofit organizations—and I’ve learned that collaboration and a long-term vision are key to solving the challenges we face. Serving on the City Council would allow me to bring that spirit of cooperation and problem-solving to the table. I’m passionate about creating a Madera where families can thrive, where local businesses grow, and where our youth have the tools and opportunities they need to succeed.

I also believe it’s essential to be a voice for everyone in our community, especially the underserved. Whether it’s advocating for more resources for our students, supporting programs for individuals with disabilities, or working on issues like affordable housing and job creation, I want to ensure that all residents—regardless of their background—feel heard and supported.

Ultimately, I’m driven by a simple goal: to make Madera a better place for everyone who lives here. I have the experience, the relationships, and the commitment to do that.

Serving on the City Council would give me the platform to turn my vision for Madera into action and contribute to a brighter, more inclusive future for our city.

2. What qualifies you to serve on the City Council?

1. Commitment to Education and Workforce Development
● 25 years of experience as an educator: Your long-standing career in teaching, including working in leadership roles like Department Chair and mentoring new teachers, showcases your dedication to education and community development. ● Innovative in developing career pathways: You’ve created and expanded curriculum programs, like the Digital Imagery class and the Work Experience program, which help students build skills for future careers. ● Involvement in Madera's Career Technical Education (CTE) programs: Your hands-on experience working with Madera Unified’s top-ranked CTE program and helping students gain practical, job-ready skills aligns with the city’s need for workforce development.

2. Leadership Experience
● Leadership roles in community organizations: Serving as president of multiple local and statewide organizations (e.g., Linkage Foundation, CAWEE, Madera Compact), you’ve demonstrated your ability to lead and collaborate with a wide range of stakeholders to achieve common goals.
● Workforce development leadership: Your four years of experience with the Madera County Workforce Development Agency and your role on its board show your commitment to growing Madera’s workforce and improving local employment opportunities.
● Organizational stabilization and growth: As president of CAWEE, you successfully helped stabilize the organization, highlighting your ability to manage challenges and lead initiatives to success.

3. Community Engagement and Service
● Active community volunteer: Your involvement in organizations like the Lions Club, Rotary, Madera Vision 2025, and Valley Public Broadcasting System demonstrates your commitment to civic engagement and improving Madera. ● Passion for supporting underserved communities: Your work with programs like the SecondWind5k (benefiting the Madera Food Bank), the OLIVE Foundation (rescuing sex-trafficked victims), and the Madera City ADA Council shows your passion for social justice and helping vulnerable populations. ● Youth mentorship and support: Through roles like Link Crew advisor, Blue Crew, Safe School Ambassador, and mentoring foster youth, you have a proven track record of advocating for and working directly with Madera's youth, an essential focus for city leadership.

4. Commitment to Madera's Growth and Future
● Role in Measure K campaign: Your leadership in the successful Measure K campaign, where you helped pass the measure with 80% approval, shows your ability to rally support for important city initiatives. ● Vision for Madera's development: As a participant in Madera Vision 2025, you have contributed to shaping the city's long-term growth strategies, demonstrating your forward-thinking approach to urban planning and development. ● Deep connection to Madera: Your personal and professional ties to Madera (having taught in the district for over 20 years, raising a family here, and engaging in city initiatives) give you a unique, long-term perspective on the needs of the community.

5. Skills in Communication and Media
● Media and digital communication expertise: Your background in media (e.g., video production, digital media direction for Measure K, managing CTE websites) equips you with the skills needed for effective public communication and outreach, essential for engaging with the community as a City Council member. ● Social media and digital engagement: Your proficiency with platforms like TikTok, Instagram, and YouTube, combined with your experience creating digital content, will be a great asset in reaching younger constituents and promoting transparency through digital channels.

6. Fiscal Responsibility and Organizational Development ● Fundraising and resource development: Your work with the Linkage Foundation, Madera Unified, and other nonprofits demonstrates your ability to raise significant funds and mobilize resources for community initiatives. ● Experience with budgets and financial oversight: As treasurer for the OLIVE Foundation and as president of the Linkage Foundation, you have practical experience managing finances and ensuring accountability in nonprofit and community-based organizations.

7. Knowledge of Local and State Government
● Experience with local government and advocacy: Your work as a commissioner for the City of Madera ADA council and participation in various civic initiatives shows your knowledge of local governance and your ability to advocate for the needs of the community.
● Experience with education policy: Your background in education policy (including working with the Madera Unified school board and helping develop the Graduate Profile program) positions you as a knowledgeable advocate for public education, a key area of focus for city development.

8. Proven Track Record of Collaborative Leadership
● Collaboration across sectors: Your extensive work across education, business, government, and non-profit sectors demonstrates your ability to bring together diverse groups and work collaboratively to solve complex issues. ● Engagement with key community stakeholders: Your relationships with local organizations, businesses, and government entities (such as the Madera County Workforce Development Agency and Valley West Christian Center) show that you are well-connected and respected in the community.

In summary:

Your qualifications for serving on the Madera City Council are compelling due to your deep-rooted connection to the city, leadership experience, dedication to education and community service, and ability to advocate for sustainable growth and development.

You have demonstrated a capacity for making informed decisions, collaborating with diverse stakeholders, and driving positive change in Madera, making you well-suited to contribute to the city's future success on the City Council.

3. What are the greatest opportunities for the City from your perspective?
Madera is a city positioned for significant growth, with a wealth of opportunities that can lead to a successful and sustainable future. Its strategic location, agricultural base, and evolving demographics provide a strong foundation for future development. To ensure that Madera grows in a way that benefits all of its residents and creates lasting economic and social impact, the city can focus on several key areas of opportunity.

Here are the greatest opportunities for Madera in terms of growth and long-term success:

1. Economic Diversification and Job Creation
● Manufacturing & Logistics: Madera is strategically located near major transportation corridors (like Highway 99 and rail lines), making it ideal for attracting manufacturing and distribution companies. The growth of e-commerce, along with Madera’s proximity to larger cities like Fresno and the Bay Area, positions the city to become a hub for logistics and warehousing. This could create jobs in both high-skill and entry-level positions, benefiting the local economy.
● Agri-Tech and Innovation: Agriculture remains a cornerstone of Madera’s economy, but the future lies in transforming this sector through technology and innovation. The rise of agri-tech solutions—such as precision farming, water-efficient technologies, and sustainable farming practices—provides an opportunity for Madera to lead in the development and adoption of these innovations. Attracting agri-tech startups and research initiatives could diversify the local economy and create high-tech jobs.
● Renewable Energy & Green Jobs: With abundant sunshine, Madera has significant potential for expanding its renewable energy sector, particularly solar power. By investing in clean energy projects, Madera could create green jobs, attract new businesses in the energy sector, and potentially serve as a model for sustainability in the Central Valley.

2. Housing Development and Urban Growth
● Affordable Housing Expansion: Like many California cities, Madera faces a housing shortage. However, this also represents a major opportunity for growth.

The city can work to create more affordable housing options, including mixed-use developments that combine residential, retail, and public spaces. Expanding affordable housing will support the growing population, reduce pressure on housing prices, and provide opportunities for new residents to settle in the area. ● Revitalization of Downtown: Madera’s downtown area has the potential to be transformed into a vibrant, mixed-use district that attracts residents, businesses, and tourists. With the right investment in infrastructure, the downtown area could become a hub for retail, dining, cultural activities, and residential development. A revitalized downtown would boost the local economy, enhance the city's identity, and improve quality of life for residents.
● Smart Growth and Infrastructure Planning: As the city expands, it's important to focus on "smart growth" principles, ensuring that infrastructure—such as transportation, utilities, and public services—keeps pace with development. This includes focusing on sustainable land use, integrating green spaces, and ensuring that new developments are well-connected to transportation networks and other key amenities.

3. Tourism and Economic Development
● Gateway to Yosemite and Outdoor Recreation: Madera is located just south of Yosemite National Park, making it an ideal base for tourists heading to the park.

The city can capitalize on its proximity by expanding tourism-related businesses, including hotels, restaurants, outdoor recreation companies, and visitor services.

Madera could also develop recreational parks, trails, and nature reserves to enhance local tourism and attract visitors year-round.
● Cultural Tourism and Heritage Preservation: Madera’s rich agricultural history, cultural diversity, and proximity to historic landmarks provide opportunities to build a vibrant cultural tourism sector. Festivals, events, and community activities that highlight Madera’s unique cultural assets—such as music, arts, food, and local history—could attract visitors from around the region, the state, and beyond.

4. Education and Workforce Development
● Partnerships with Educational Institutions: Madera can leverage its position in the Central Valley by working with local universities, community colleges, and vocational schools to provide workforce training, technical education, and research opportunities. Strengthening partnerships with institutions like California State University, Fresno, and Merced College could help align Madera’s workforce with the needs of emerging industries like advanced manufacturing, tech, renewable energy, and agri-tech.
● Building a Skilled Workforce: As Madera diversifies its economy, developing a skilled, adaptable workforce will be crucial. This includes offering job training in high-demand fields such as health care, information technology, construction, and renewable energy. Ensuring that young people and adults alike have access to these opportunities will be essential for long-term economic growth.

5. Sustainability and Environmental Stewardship
● Water Management and Conservation: Water is a precious resource in California, and Madera, being part of the agricultural heartland, is particularly impacted by water management issues. Investing in water-efficient technologies and promoting sustainable water practices for both agriculture and urban development will be critical for the city’s growth. Madera could become a leader in water conservation techniques and policies, which would help secure its future as a viable place for both farming and urban living.
● Green Infrastructure and Smart City Solutions: Madera can take steps toward becoming a more sustainable city by embracing green infrastructure, such as stormwater management systems, energy-efficient buildings, and urban green spaces. Additionally, adopting smart city technologies—such as sensors to optimize traffic flow, energy use, and waste management—can improve the city’s efficiency and livability while reducing its environmental footprint.

6. Public Safety and Quality of Life
● Community Policing and Crime Prevention: As Madera grows, ensuring public safety is a top priority. Emphasizing community policing, crime prevention programs, and youth engagement initiatives could help reduce crime and create safer, more connected neighborhoods. Proactively investing in public safety measures will contribute to the overall quality of life and attract families and businesses to the area.
● Health and Wellness Initiatives: Expanding access to healthcare services, mental health resources, and public health campaigns would help ensure that Madera’s growth is accompanied by an improved quality of life. Promoting wellness programs and community centers that offer recreational activities and social services could further enhance Madera’s appeal as a family-friendly, healthy place to live.

7. Regional Collaboration
● Building Regional Partnerships: As a city within the Central Valley, Madera stands to benefit from regional collaboration with neighboring cities, counties, and regional organizations. Working together on regional transportation projects, economic development, environmental issues, and public services can help Madera punch above its weight and gain access to additional resources. For instance, collaborating on transportation infrastructure projects could reduce congestion and improve regional connectivity, benefiting both Madera and its neighbors.
● Attracting Regional Investments: Madera could take a proactive role in attracting regional, state, and federal investments, particularly in areas like transportation, housing, and public infrastructure. By positioning itself as a city of opportunity for investment, Madera could secure funding for key projects that drive long-term growth and prosperity.

8. Technology and Innovation
● Tech Hubs and Startups: The growth of technology industries across California presents an opportunity for Madera to build a tech-friendly ecosystem. This could include incubators for startups, co-working spaces, and collaborations with universities to create a thriving tech scene. Madera’s relatively low cost of living compared to coastal cities could make it an attractive location for entrepreneurs and tech companies looking for more affordable bases of operations. ● Smart Agriculture Technologies: Given the city’s agricultural roots, Madera has the potential to become a leader in smart farming technologies. By fostering innovation in this sector, Madera could attract investment from companies focused on developing and scaling agri-tech solutions, further diversifying its economy and creating high-tech jobs.

Conclusion
For Madera to achieve growth and success in the coming years, it must leverage its unique position in the Central Valley while embracing diversification, sustainability, and innovation. Key areas such as economic diversification, smart urban development, renewable energy, workforce development, and cultural tourism present significant opportunities for long-term prosperity. By prioritizing these areas and investing in infrastructure, education, and community well-being, Madera can shape a successful future that enhances the quality of life for all its residents.

4. What other information do you think is relevant to your application?
These include personal qualities, leadership experiences, and specific examples that highlight your suitability for a role that requires collaboration, problem-solving, and a deep understanding of the community’s needs. Below are some additional points that are relevant for the City Council board to know:

1. Long-Term Commitment to Madera and Its Residents
● Deep roots in Madera: Having lived in Madera for over two decades and raised a family here, you have a genuine understanding of the community's needs and priorities. Your connection to Madera is not just professional, but personal. This long-term perspective ensures that decisions you make will prioritize the city's well-being for future generations.
● Dedication to Madera Unified School District: Your ongoing involvement in Madera Unified, including teaching for over 20 years and your leadership roles in education, speaks to your long-standing commitment to the city’s youth and their futures. Serving as a mentor to new teachers and supporting the district through various initiatives demonstrates a commitment to improving Madera’s educational landscape—a cornerstone of any thriving city.

2. Proven Experience in Stakeholder Engagement and Collaboration ● Effective collaboration with diverse community groups: You have worked with a wide array of organizations and community groups (e.g., Lions Club, Rotary Club, Madera Vision 2025, Measure K campaign). This broad range of collaboration proves you understand the importance of engaging different community stakeholders in the decision-making process and building consensus around key issues.
● Community leader with a focus on service: Your consistent involvement in leadership roles, including as president of the Linkage Foundation, as well as your work with the Madera County Workforce Development Agency, show you are an advocate for both the city's future and the people in it. You can unify disparate groups to work toward a common vision, an essential trait for any elected official.

3. Passion for Social Justice and Equity
● Work supporting vulnerable populations: Your service with the OLIVE Foundation (rescuing sex-trafficked victims), your involvement in the Madera ADA Council, and your work with the Madera Food Bank and Rescue Mission highlight your strong commitment to social justice, equity, and improving the lives of Madera’s most vulnerable residents. This focus on inclusivity and equality is crucial in government and ensures that decisions will be made with the interests of all citizens in mind.
● Commitment to youth and at-risk populations: Your work mentoring foster youth, creating programs for young people, and leading initiatives such as the Safe School Ambassador Program underscores your dedication to empowering the next generation. These efforts show you prioritize the well-being of Madera’s youth, who will shape the city’s future.

4. Practical Problem-Solving Skills and Results
● Successful implementation of Measure K campaign: As the digital media director for the Measure K campaign, you played a key role in turning a measure that had failed three times into one that passed with 80% approval. This achievement demonstrates your ability to strategize, communicate effectively, and unite the community around important initiatives. It also highlights your understanding of local politics and how to get things done within the framework of city governance.
● Work Experience and Job Placement: Your leadership in running the Work Experience program for Madera Unified, particularly with students and employers, shows that you are adept at identifying and implementing solutions to real-world challenges. Your direct work with local businesses to ensure safe work environments and your management of work permits demonstrate a hands-on approach to addressing the needs of Madera’s workforce.

5. Data-Driven Decision Making and Organizational Management ● Managing complex programs and budgets: Your experience managing programs such as Work Experience, the Career Technical Education program, and fundraising for the Linkage Foundation highlights your ability to manage budgets, resources, and staff effectively. You have the skills to balance financial oversight with program development, ensuring efficient use of city funds and resources.
● Proven record in organizational development: From stabilizing the California Work Experience Educators (CAWEE) association to managing the career-focused programs in Madera Unified, you have a track record of building and sustaining successful organizations. You know how to create systems, evaluate their success, and continuously improve operations—skills that are critical for managing a city’s budget and programs.

6. Strong Communication and Public Relations Skills
● Media expertise: With your background in digital media and video production, you bring a unique set of skills that can help the City Council engage effectively with residents through social media, online platforms, and public outreach campaigns. In today’s digital age, transparent communication with the public is more important than ever, and your ability to manage websites, create digital content, and leverage social media tools will be an asset for the city. ● Public speaking and advocacy: You’ve demonstrated your comfort in speaking to diverse groups—from Lions Clubs to the Madera City Youth Leadership Conference to educational stakeholders. Your ability to communicate clearly, advocate for causes you believe in, and inspire others will help ensure that the voices of the community are heard at City Council meetings.

7. Focus on Economic Development and Workforce Empowerment ● Understanding of Madera’s workforce needs: Your work with the Madera County Workforce Development Agency and Madera Unified’s CTE programs shows that you are focused on creating pathways to employment and empowering residents with the skills they need for the future. This focus on job creation, workforce readiness, and career pathways will be essential in shaping Madera’s economic future.
● Support for local businesses and entrepreneurship: Through your small business, TimRicheMedia Consulting, you helped businesses with branding and marketing. This background gives you an understanding of the challenges and opportunities facing local businesses. You can bring this perspective to the City Council to support Madera’s economic growth by fostering entrepreneurship, attracting new businesses, and supporting small businesses.

8. Strong Ethical Foundation and Integrity
● Personal values and community-focused leadership: Your involvement in the church and various nonprofit organizations shows a strong ethical foundation based on service and integrity. As President of the CAB board for Valley Public Broadcasting System and as an elder at Valley West Christian Center, your values align with public service and community-focused leadership. These roles reinforce your commitment to serving the public good, advocating for fairness, and upholding the city’s values.

9. Willingness to Lead and Evolve
● Adaptive leadership and continued professional development: Your career trajectory shows a willingness to learn, adapt, and grow. From working as a Health Unit Coordinator to becoming an educator and community leader, you’ve continually taken on new challenges and expanded your skill set. You earned a Master’s degree in Educational Leadership and Organizational Development, highlighting your commitment to professional growth—an important trait for effective leadership in local government.

Conclusion:

Tim Riche’ stands out as a highly qualified and committed candidate for Madera City Council due to his extensive experience in education, workforce development, community service, leadership, and organizational management. His long-standing connection to Madera, hands-on involvement in local initiatives, and proven success in engaging with diverse stakeholders all make him an ideal representative for the city. His practical problem-solving skills, ability to communicate effectively, and dedication to serving the community further enhance his qualifications. Tim Riche’ not only has the experience and passion needed for public service, but he also possesses the vision and commitment to make Madera an even better place for future generations.

Rohi Zacharia
Madera, Ca 93637
Applicant QuesƟonnaire

1. Please explain why you would like to be appointed to the City Council.

The City Council posiƟon has the ability to shape and move our great city forward and also decide into which direcƟon. As an applicant I have dedicated my life to helping improve our city through public outreach as well as my service on the Planning Commission. I firmly believe this opportunity allows me a chance to bring my skillset to help conƟnue the work this council has done collecƟvely. I fully understand that only through a united council can we do the service we need to conƟnue growing our community.

2. What qualifies you to serve on the City Council?
I began my civic duƟes serving for our city on the BeauƟficaƟon CommiƩee, allowing to experience the process of city government and how its laws and governing power work. Later I was appointed to the Planning Commission for which I have been serving for almost 3 years, working with city staff, in a capacity similar to that of the city council. For the last 20 years of my life, I have worked in a professional seƫng as a manager for a mid-sized company employing around 40 people, as well as running my own business which has grown dramaƟcally in the last 12 years of operaƟon. I believe these two addiƟonal assets give me insight into fiscal responsibility, personnel management, and negoƟaƟon maƩers.

3. What are the greatest opportuniƟes for the City from your perspecƟve? I believe our city is prime for a lot great business opportuniƟes as well as residenƟal growth. Madera has many projects, like the new casino, as well as the revamping of the downtown district that will shape how our city will grow. In addiƟon to this, our city is set to expand dramaƟcally with the approval of Village D to the west. I believe it is important during this Ɵme to have a unified council so that these projects, as well as any new projects move forward with consideraƟon for all residents and in a Ɵmely manner.

4. What other informaƟon do you think is relevant to your applicaƟon? Beyond my experience with serving our city, I have been serving this community in any way possible to make this the greatest place to live. From a young age I was taught the importance of civil service and how giving of ourselves is what makes the biggest changes. This appointment is no different, it will require a lot of work and Ɵme for which I am prepared to dedicate myself to. I do this knowing that the results will be lasƟng even if not recognized fully by our community.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December18, 2024
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
SUBJECT:

Informational Report on attendance of City Board, Commission, Committee members RECOMMENDATION:

Staff recommends that the City Council receive and review this report as an informational item.

SUMMARY:

This report offers an overview of attendance by appointed members to City boards, commissions, and committees. The purpose is to promote transparency and provide the City Council with insight into participation levels of their appointees. A attendance list for each entity, along with calculated percentages is included.

BACKGROUND:

The City Council appoints individuals to serve on various boards, commissions, and committees to represent the community and provide input on key policies and programs. Regular attendance is crucial for these entities to effectively conduct business and achieve their objectives.

Monitoring attendance ensures accountability and informs the Council about member engagement levels. This report is intended to provide attendance information for the various appointees for active commissions.

DISCUSSION:

The 2024 Annual Local Appointments List is attached, which displays a list of appointees, date of appointment, date the term expires, and the necessary qualifications for the position. For the purposes of this report, the Local Appointments List serves as a reference to identify appointees, their nominating district, and any existing vacancies.

Attendance records have been compiled for the following boards, commissions, and committees, sans those commissions that are considered “inactive”:

E-1
 Civil Service Commission
 Americans with Disability Act Advisory Council (ADA)
 Planning Commission
 Airport Advisory Commission
 Community Development Block Grant (CDBG) Commission
 Golf Course Advisory Committee
 Transit Advisory Board
Inactive Commissions:
 Youth Commission
 Beautification Committee
 Loan Review Committee
Civil Service Commission:

Council Commissioner 2/6/24 3/5/24 4/2/24 5/7/24 6/4/24 7/2/24 8/6/24 9/3/24 10/8/24 11/5/24 12/3/2024 Att. Rate Mayor Dennis Smith Yes Yes Yes Yes Yes Yes Yes Absent Yes Yes Yes 91% District 1 Nick Salinas Yes Absent Yes Yes Yes Yes Yes Yes Absent Yes Yes 81 % District 2 Celeste Voyles Yes Yes Yes Yes Absent Yes Yes Yes Yes Absent Yes 81% District 3 Said Mohammad Absent Yes Absent Yes Yes Absent Yes Yes Yes Yes Yes 73% District 4 Shawn Griffin Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 100% District 5 Vacant N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A District 6 Vacant N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Note: The following 2024 monthly meeting was canceled: January.

ADA Advisory Council
Council Advisor 1/16/2024 2/20/2024 5/21/2024 6/18/2024 9/17/2024 Att.

Rate
Mayor DJ Becker Yes Yes Yes Yes Yes 100%
District 1 Jack Porter Yes Absent Zoom Yes Absent 60%
District 2 Cynthia Ortegon Yes Yes Yes Yes Yes 100%
District 3 Said Mohammad Yes Yes Yes Absent Yes 73%
District 4 Vacant N/A N/A N/A N/A N/A N/A
District 5 Gladys Marroquin Absent Absent Absent Absent Yes 20% District 6 Diana Robbins Yes Yes Yes Yes Yes 100%
Note: The following 2024 monthly meetings were canceled: March, April, July, August, October, November, and December.

Planning Commission
Council Commissioner 1/9/24 2/13/24 3/12/24 4/9/24 4/30/24 5/14/24 6/11/24 8/13/24 9/10/24 10/8/24 11/12/24 Att.

Rate
Mayor Bobby Sheikh Yes Yes Yes Yes Yes Yes Yes Yes Absent Yes Yes 92% District 1 Robert Gran Jr. Yes Yes Yes Absent Yes Yes Yes Yes Yes Yes Yes 92% District 2 Rohi Zacharia Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 100% District 3
Saim
Mohammad Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 100% District 4
Balwinder
Singh Yes Yes Yes Absent Yes Absent Absent Yes Yes Yes Yes 75% District 5 Jose Chavez Yes Yes Yes Yes Yes Yes Yes Yes Absent Yes Absent 83% District 6 Ramon Lopez Yes Yes Yes Yes Yes Yes Yes Yes Yes Absent Yes 92% Note: The following 2024 monthly meetings were canceled: July.

Airport Advisory Board
Council Commissioner 10/8/2024 7/9/2024 4/9/2024 4/11/2023 5/10/2022 1/11/2022 10/22/2021 7/30/2021 Att. Rate Mayor Jerry Holiday Yes Yes Yes Absent Absent Absent Yes Yes 63% District 1 Issa Zacharia Absent Yes Absent Absent Absent Yes Yes Yes 50% District 2 Johanna Torres Absent Absent Yes Yes Yes Absent Yes Yes 63% District 3 Stanley Mackey Absent Absent Absent Absent Absent Yes Yes Absent 25% District 4 Felipe Grimaldo
Jimenez Absent Absent Absent Absent Yes Yes Absent Yes 38% District 5 Ramon Lopez-Maciel Absent Yes Yes Yes Yes Yes Yes Yes 88% District 6 Miguel Gonzalez Absent Absent Absent Absent Absent Absent Absent Absent 0% Note: The Airport Advisory Committee has been unable to establish a quorum since January 2022.

CDBG Block Grant Commission
Council Commissioner 10/9/24 3/21/24 2/6/24 1/17/24 12/18/23 10/17/23 7/18/23 3/21/23 1/17/23 10/17/2022 6/8/22 Att.

Rate
Mayor
Gabriela GonzalezGutierrez Absent Absent Absent Yes Yes Absent Absent Absent Absent Absent Absent 15% District 1 Candy Talley Yes Yes Yes Yes Absent Yes Yes Yes Yes Yes Yes 92% District 2 Alyssia Arredondo Yes Yes Absent Absent Absent Absent Yes Yes Yes Yes Yes 69% District 3 Stephanie Nathan Absent Yes Yes Yes Yes Absent Yes Yes Yes Yes Yes 77% District 4 Dj Becker Yes Yes Yes Yes Absent Yes Yes Yes Yes Yes Yes 92% District 5 Olga P Garcia Yes Absent Yes Yes Absent Yes Yes Yes Yes Yes Yes 85% District 6 Dulce Arredondo Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent 8% Golf Course Advisory Committee
Commissioner 10/21/24 9/23/24 8/19/24 6/17/24 5/20/24 4/22/24 1/22/24 12/18/23 11/13/23 10/16/2023 9/18/23 8/21/23 Att.

Rate
Joseph Hebert Yes Yes Absent Yes Yes Yes Yes Absent Absent Yes Yes Yes 75% Jose Rodriguez Absent Yes Yes Yes Absent Yes Yes Yes Yes Yes Absent Yes 75% Dan Bacci Yes Yes Absent Yes Yes Yes Yes Absent Yes Yes Yes Yes 83% Chito Romero Absent Absent Yes Absent Absent Yes Absent Yes Absent Yes Absent Yes 42% Lisa Gill Yes Absent Yes Yes Yes Yes Yes Absent Yes Yes Yes Yes 83% Ed McIntyre Absent Absent Yes Absent Yes Absent Absent Yes Yes Yes Yes Yes 58% Karla Gran Yes Yes Absent Yes Absent Yes Absent Yes Yes Absent Yes Yes 67% Note: The following 2024 monthly meetings were canceled: February and March.

Transit Advisory Board
Council Commissioner 8/27/24 4/16/24 1/23/24 7/25/23 3/28/23 1/24/23 8/3/22 5/24/22 1/27/22 Att. Rate Mayor Cynthia Ortegon Yes Yes Yes Yes Zoom Yes Yes Yes Yes 89% District 1 Andrew Albonico Yes Yes Yes Absent Zoom Yes Yes Yes Yes 78% District 2 Vacant N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A District 3 Marie Luna Yes Yes Absent Absent Absent Absent Absent Absent Absent 22% District 4 Patricia Carreon Absent Absent Yes Yes Yes Absent Absent Yes Yes 56% District 5 Otilia Morales Yes Yes Absent Absent Zoom Yes Absent Absent Absent 33% District 6 Vacant N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A FINANCIAL IMPACT:

There is no financial impact associated with this report, apart from the staff time required to prepare it. Members of the various City boards, commissions, and committees serve on a voluntary basis and are not compensated for their contributions.

ALTERNATIVES:

None as this item is for informational purposes only.

ATTACHMENTS:

1. 2024 Local Appointments List

LOCAL APPOINTMENT LIST
(Pursuant to California Government Code Section 54972)
- 1 -
On or before December 31 of each year, each legislative body shall prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency. This list shall be known as the Local Appointments List. The list shall contain the following information: (a) A list of all appointive terms which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position, (b) A list of all boards, commissions, and committees whose members serve at the pleasure of the legislative body, and the necessary qualifications for each position.

The City of Madera encourages residents to apply for service on City Boards, Commissions and Committees that are currently vacant or that will have vacancies. To obtain an application or request additional information, please contact the City of Madera, Office of the City Clerk at (559) 661-5405; by visiting the City Clerk Department page at www.madera.gov; or by email at [email protected].

District Committee Member Date Appointed Term Expires
Americans with
Disabilities Act
(ADA) Advisory
Council
Mayor DJ Becker 05/04/22 12/01/24
District 1 Jack Porter 08/24/22 12/01/26
District 2 Cynthia Ortegon 01/16/19 12/01/24
District 3 Saim Mohammad 05/04/22 12/01/26
District 4 Vacant -- 12/01/24
District 5 Gladys Marroquin 08/24/22 12/01/26
District 6 Diana Robbins 01/06/21 12/01/24
Airport Advisory
Commission
Mayor Miguel Gonzalez 09/01/21 12/01/24
District 1 Jerry Holiday 03/20/19 12/01/26
District 2 Issa Zacharia 05/16/18 12/01/24
District 3 Johanna Torres 05/19/21 12/01/26
District 4 Stanley Mackey 05/19/21 12/01/24
District 5 Vacant ---- 12/01/26
District 6 Ramon Lopez-Maciel 01/06/21 12/01/24
Beautification
Committee
Mayor Miguel Gonzalez 02/03/21 12/01/24
District 1 Karen Huerta 02/07/18 12/01/26
District 2 Rohi Zacharia 02/15/17 12/01/24
District 3 Debra M. Basila 03/17/21 12/01/26
District 4 Robert Gonzalez 05/19/21 12/01/24
District 5 Agapita Rocha 01/16/19 12/01/26
District 6 Cynthia MorenoProcopio03/17/21 12/01/24
Civil Service
Commission
Mayor Dennis Smith 10/05/22 12/01/24
District 1 Nick Salinas 02/02/22 12/01/26
District 2 Celeste Voyles 02/02/22 12/01/24
District 3 Saim Mohammad 02/02/22 12/01/26
District 4 Shawn Griffin 01/17/24 12/01/24
District 5 Vacant ---- 12/01/26
District 6 Vacant ---- 12/01/24

LOCAL APPOINTMENT LIST
(Pursuant to California Government Code Section 54972)
- 2 -
District Committee Member Date Appointed Term Expires
CDBG Block
Grant
Commission
Mayor Gabriela GonzalezGutierrez02/17/21 12/01/24
District 1 Candace Talley 03/01/17 12/01/26
District 2 Alyssia Arredondo 03/01/17 12/01/24
District 3 Stephanie Nathan 03/18/20 12/01/26
District 4 DJ Becker 01/20/21 12/01/24
District 5 Olga P. Garcia 01/16/19 12/01/26
District 6 Dulce Arredondo 03/03/21 12/01/24
Golf Course
Advisory
Committee
Varies. Includes
At-Large
Appointments
by Type and
Appointments
by Category
Jose Rodriguez
(Councilmember) 09/06/23 12/01/24
Joseph Hebert (Parks
Director) 09/06/23 Continual
Dan Bacci (SGM Rep.) 09/06/23 Continual
Karla Gran (Service
Organization Rep.) 09/06/23 09/06/25
Chito Romero
(Golfer/At-Large
Community Member) 09/06/23 09/06/25
Lisa Gill (Food and
Beverage Rep.) 09/06/23 Continual
Edward McIntyre (NonGolfer/At-Large
Community Member) 09/06/23 09/06/25
Loan Review
Committee
At-Large
Appointment
Elvin Martin 03/1/06 N/A
John Molina 03/1/06 N/A
Vacant ---- N/A
Matilda Villafan 02/20/19 N/A
Johanna Torres 09/21/22 N/A
Planning
Commission
Mayor Khubaib Seikh 01/20/21 12/01/24
District 1 Robert Gran Jr. 01/16/19 12/01/26
District 2 Rohi Zacharia 01/06/21 12/01/24
District 3 Saim Mohammad 05/04/22 12/01/26
District 4 Balwinder Singh 06/02/21 12/01/24
District 5 Jose Eduardo Chavez 05/04/22 12/01/26
District 6 Ramon Lopez-Maciel 01/06/21 12/01/24
Transit Advisory
Board
Mayor Cynthia Ortegon 05/19/21 12/01/24
District 1 Andrew Albonico 09/02/20 12/01/26
District 2 Vacant ---- 12/01/24
District 3 Marie Luna 02/20/19 12/01/26
District 4 Patricia Carreon 09/15/21 12/01/24
District 5 Otilia Morales 02/20/19 12/01/26
District 6 Vacant ---- 12/01/24
Youth
Commission
Mayor Vacant ---- ----
District 1 Vacant ---- ----

LOCAL APPOINTMENT LIST
(Pursuant to California Government Code Section 54972)
- 3 -
District 2 Vacant ---- ----
District 3 Vacant ---- ----
District 4 Vacant ---- ----
District 5 Vacant ---- ----
District 6 Vacant ---- ----

LOCAL APPOINTMENT LIST
(Pursuant to California Government Code Section 54972)
- 4 -

GENERAL DESCRIPTION OF BOARDS / COMMITTEES / COMMISSIONS ADA ADVISORY COUNCIL: Four-year term. The ADA Council is composed of seven members. Appointees shall be residents of the City of Madera. Regular meetings are held the third Tuesday of each month at 3:30 p.m. Each member of the City Council makes a nomination to be considered for appointment by the Mayor.

Responsibilities: Serves in an advisory capacity to the City Council and staff on ADA matters including: promote pedestrian safety and access to all public streets; ensure that all public buildings and facilities, services, programs and activities are in compliance with ADA regulations; promote inclusion of the disabled community in the City’s emergency and disaster preparedness plans; develop disability awareness and educational outreach programs; work with the various City of Madera departments to ensure that all public buildings and facilities, remodeled and newly constructed are in compliance with current laws guaranteeing access for all people with disabilities; promote affordable and accessible housing in the community; make recommendations regarding unmet transit needs; and ensure grievance procedures are followed and enforced as described in the ADA bylaws.

AIRPORT ADVISORY COMMISSION: Four-year term. The Commission is composed of seven members. Appointees shall be residents of Madera County, and at least four members shall reside within the City. The commission meets at least quarterly at a date and time selected by the Commission. Each member of the City Council makes a nomination to be considered for appointment by the Mayor.

Responsibilities: Oversee, review, and make recommendations regarding the airport’s annual budget for operational and capital improvement purposes, Airport operations and services, master planning and land use.

BEAUTIFICATION COMMITTEE: Four–year term. The Committee is composed of seven members. Appointees shall be residents of the City of Madera. Regular meetings of the Committee are held every second Thursday of the month at 5:30 p.m. Each member of the City Council makes a nomination to be considered for appointment by the Mayor.

Responsibilities: Serves in an advisory capacity to the City Council and staff on community beautification matters including: develop and formulate programs and projects to enhance the aesthetic appearance of the community; develop an ordinance which will establish landscape standards for new development projects; develop and recommend practices and policies which will enhance and upgrade existing properties; and coordinate periodic community clean up campaigns and encourage public participation therein.

CIVIL SERVICE COMMISSION: Four-year term, with holdovers until new appointment is made. The Commission is composed of seven members, each member of the City Council makes a nomination to be considered for appointment by the Mayor. Appointees shall be residents of the City of Madera. Commissioners shall not be employed with the City nor shall they be under the direct supervision of any existing Council Member. Meetings, as needed, are usually held on the first Tuesday of each month at 5:00 p.m.

Responsibilities: Certification of eligibility lists for hiring employees in the classified service at regularly scheduled meetings; conducts appeal hearings regarding disciplinary action or alleged violations of Civil Service rules and at the request of the City Council or Administrator; special meetings for hearings are scheduled as needed and my require multiple evenings to complete.

CDBG BLOCK GRANT COMMISSION: The Commission is composed of seven members; each member of the City Council makes a nomination to be considered for appointment by the Mayor. Meets during a weekday evening as required. Serves in an advisory capacity to staff and the City Council on matters pertaining to the use of CDBG funds allocated to the City of Madera to benefit persons of low and moderate income, disabled and elderly persons, minority groups, homeless persons, or persons at risk of homelessness and CDBG-funded activities in eligible Census Tracts where CDBG program activities are proposed. Accepts testimony from City staff and applicants presenting proposals to request CDBG funds. Evaluates proposals and recommends CDBG funding allocations consistent with policies, goals and priorities established by the City’s CDBG Consolidated Plan and the Vision Madera 2025 Action Plan. Receives testimony from staff and provides comments about the City’s CDBG-funded programs and projects overall annual outcomes and accomplishments. Promotes public participation in the CDBG planning process and any amendments.

LOCAL APPOINTMENT LIST
(Pursuant to California Government Code Section 54972)
- 5 -
Golf Course Advisory Committee: The committee consists of a 7-member body and is comprised of the following representatives: City Councilmember serves for Council Term,Parks Director – Continual Term, SGM Representative - Continual Term, Golfer/At-Large Community Member – Two-year Term, Food & Beverage Director/Representative – Continual Term, Non-Golfer/At-Large Community Member – Two-year Term, Service Organization Representative - Two-year Term. This position also has an additional caveat that the service organizations eligible are those that regularly meet at the Course, those being currently the Madera Evening Lions Club and the Morning Rotary Club.

These service clubs will rotate representation, with the Madera Evening Lions Club having the initial representative.

Should additional service organizations meet at the Course, they would be eligible to be added to the rotation of appointments. The Committee meets on the third Monday of the month at the Madera Municipal Golf Course.

Meeting times and location may differ.

Responsibilities: Serve in an advisory capacity to the City Council and staff on local golf course matters including:
providing feedback and input on matters related to the golf course operations, improvements, and maintenance; serve as a representative of the local community including golfers, residents, and other stakeholders, to ensure inclusion in decision-making process; serve as a communication channel between the golf course and the community; address and help resolve issues or concerns raised by golfers or community regarding the golf course; offer recommendations for improvements such as upgrades to facilities, landscaping, course layout, or other amenities; provide input on budgetary matters; and contribute to the development of policies and guidelines governing the use and management of the golf course.

LOAN REVIEW COMMITTEE: This committee consists of five members appointed by the City Council comprised of at least three residents of the City of Madera. Members shall possess backgrounds in residential mortgage lending, real estate or the building trades industry. Members do not serve specific terms, nor do they receive compensation/benefits. Meetings of the committee are held as needed to provide for the review of loan and grant applications for first time homebuyer down payment assistance and owner-occupied rehabilitation programs funded by State, Federal and local funds awarded to the City of Madera and from the Successor Agency to the Former Redevelopment Agency. Failure by a Committee member to attend three consecutive meetings shall be deemed an automatic resignation. A significant pattern of absences shall also be considered grounds for removal from the committee. Conflict of interest provisions apply as applicable to committee appointees serving the City of Madera or the Successor Agency to the Former Redevelopment Agency.

PLANNING COMMISSION: Four-year term. The Commission is composed of seven members, each member of the City Council makes a nomination to be considered for appointment by the Mayor. Appointees must reside within the City limits. Meetings are held on the second Tuesday of each month beginning at 6:00 p.m.

Responsibilities: Develop, maintain and amend the General Plan and Specific Plans as deemed appropriate; discretionary approval of development proposals, including subdivisions, use permits, and variances; discuss overall planning for the City, including ordinances, special studies, zoning, subdivisions and signs, with recommendations to the City Council.

TRANSIT ADVISORY BOARD: Four-year term. The Board consists of seven members appointed from a cross section of the community (general public, children, elderly, disabled, students, social service agencies, and minority family).

The Board is composed of seven members, each member of the City Council makes a nomination to be considered for appointment by the Mayor. Appointees shall be residents of the City of Madera. Meetings are held quarterly in January, April, July, and September at a time and public place set by the advisory board.

Responsibilities: Recommend to the City Council a five (5) year transit and equipment plan; review, modify transit system proposals.

YOUTH COMMISSION: Two-year term. The Commission is composed of seven members, each member of the City Council makes a nomination to be considered for appointment by the Mayor. The Commission meets on the second Wednesday of each month at 5:00 p.m.

Responsibilities: Serves in an advisory capacity to the City Council about public safety, job opportunities for youth, recreation activities for youth, opportunities for effective participation by youth in governmental process, and

LOCAL APPOINTMENT LIST
(Pursuant to California Government Code Section 54972)
- 6 -
changes in city regulations that are necessary to improve the social, economic, educational, recreational advantages, health and well-being of youth.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 18, 2024
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
SUBJECT:

Seek Direction Regarding the Regular City Council Meetings Scheduled for 2025 RECOMMENDATION:

Direction on, and Adoption of, a Meeting Schedule for Council DISCUSSION:

The City Council (Council) meets on the 1st and 3rd Wednesday evenings. Attachment 1 identifies tentative Council meeting dates for 2025. A few items worth highlighting:
 The first regular Council meeting in 2025 falls on Wednesday, January 1, 2025.  The City is a member of the League of California Cities which hosts various conferences.

A couple of conferences that Council members commonly attend include:
o Mayors and Councilmembers Academy: January 22-23, 2025 o City Leaders Summit: April 23-25, 2025
o Annual Conference & Expo: October 8-10, 2025
 Madera Unified School District - Jr. High and Alternative High School, and High School Graduations: June 3-6, 2025
 Tuesday, November 4, 2025 – Special Election
Potential Schedule Conflicts
Similar to many events, there are schedule conflicts with holidays and other events. Some possible options:
 City Holiday - January 1, 2025: Potential options include:

E-2
o Conduct a special meeting on Wednesday, January 29, 2025, the 5th Wednesday of the month, or another Special Meeting date
 Mayors & Councilmembers Academy, Sacramento, CA: January 22-24, 2025 o No anticipated conflicts
 City Leaders Summit, Sacramento, CA: April 23-25, 2025 o No anticipated conflicts
 Summer Recess: August 6, 2025
o The cancellation of the August 6, 2025, City Council meeting provides staff an opportunity to reset and prepare for the upcoming academic school year. The first day of school for Madera Unified School District is Thursday, August 7, 2025.  Annual Conference & Expo: Long Beach, CA: October 8-10, 2025 o No anticipated conflicts
 Madera Unified School District – Jr. High and Alternative High School, and High School Graduations: June 3-6, 2025
o Cancel the meeting, thus only having one meeting in June o Conduct the meeting as scheduled
 Tuesday, November 4, 2025, Special Election (Should Council elect to hold an election for District 1)
o Cancel the meeting, thus only having one meeting in November o Conduct the meeting as scheduled
FINANCIAL IMPACT:

There are no financial impacts associated with the number of Council meetings. Councilmembers receive a fixed stipend of $500 per month, regardless of the number of meetings held.

ALTERNATIVES:

Council may direct staff to conduct additional research and bring the item back to Council at a future meeting.

ATTACHEMENT:

1. 2025 Draft City Council Meeting Schedule
City Council
2025 Meeting Schedule
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30 Meetings are held on the 1st & 3rd Wednesday of the month at 6 PM in the Council Chambers at City Hall, 205 W. 4th St., Madera City Council Meeting LOCC – Mayors & Council Academy 1/22-1/24/25 ½ day closure (Good Friday, Dec. 24/31) LOCC – City Leaders Summit 4/23-4/25/25 City Holiday LOCC – 2024 Annual Conference & Expo 10/8-10/10/25