Madera City Council
May 7, 2025

to Section 16 of this Agreement. This Agreement may be extended by mutual written consent annually thereafter, not to exceed two (2) additional years, by providing such notice to the parties as identified in Section 21 of this Agreement.
(a) Continuity of Personnel. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor's staff and subcontractors assigned to perform the Services under this Agreement. Contractor shall notify City of any changes in Contractor's staff and subcontractors assigned to perform the Services under this Agreement. (b) Additional Services. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreement or listed in Exhibit A unless such additional services are authorized in advance and in writing by the City Manager of City. Contractor shall be compensated for any such additional services in the amounts and in the manner agreed to by the City and Contractor.

3. Compensation for Services. City shall compensate Contractor for rendering the Services as follows:
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor by the amounts specified in the Schedule of Compensation attached hereto as Exhibit B and incorporated herein by this reference. Both parties agree that Contractor’s total compensation under this Agreement shall not exceed $294,457.56. (b) Each month Contractor shall invoice City for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by subcategory), travel, materials, equipment, supplies, and subContractor contracts. (c) City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. The invoiced amount shall be paid within 30 calendar days unless City disputes any charges or expenses. If any charges or expenses are disputed, City shall pay the undisputed amount, and notify Contractor of the nature and amount of the disputed charge or expense. The parties shall seek to resolve the disputed items(s) by mutual agreement.
(d) Payment to Contractor for work performed under this Agreement shall not be deemed to waive any defects in work performed by Contractor.

4. Independent Contractor Status. Contractor and its subcontractors shall perform the Services as independent contractors and not as officers, employees, agents, or volunteers of City. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Contractor’s employees or subcontractors, nor shall anything contained in this Agreement be

deemed to give any third party, including but not limited to Contractor’s employees or subcontractors, any claim or right of action against City. Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Contractor or its agents or employees perform the services under this Agreement.

5. Qualifications, and Professional Standards. Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Agreement. Contractor represents that to the extent Contractor utilizes subcontractors, such subcontractors are, and will be, qualified in their fields. Contractor also expressly represents that both Contractor and its subcontractors, if any, are now, and will be throughout their performance of the Services under this Agreement, properly licensed or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement. Contractor and its subcontractors, if any, shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with and keep themselves informed of all applicable laws and regulations.

6. Identity of Subcontractors and Sub-Consultants. Contractor shall before commencing any work under this Agreement provide to City in writing: (a) the identity of all subcontractors and sub-consultants (collectively referred to as "subcontractors"), if any, which Contractor intends to utilize in Contractor's performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Contractor shall only employ subcontractors pre-approved by City and in no event shall Contractor replace an approved subcontractor without the advance written permission of City, with the understanding that City’s permission will not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Contractor shall be liable to City for the performance of Contractor's subcontractors.

7. Subcontractor Provisions. Contractor shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Contractor owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions, and other work product prepared and performed by subcontractors for Contractor; and (c) compliance with all laws and certifications as required under this Agreement.

8. Prevailing Wages. This Agreement is subject to California Labor Code Sections 1720, et seq., and Contractor and subcontractor shall pay not less than the specified prevailing rates of wage to all workers employed in performance of the Work. Pursuant to the provisions of Section 1770 of the California Labor Code, City has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension, and similar purposes, as determined by the Director of the Department of Industrial Relations, a copy of which is on file in the office of City, and shall be made available for viewing to any interested party upon request. The Contractor and each subcontractor shall forfeit as a penalty to City not more than Two Hundred Dollars ($200) for each

calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate in violation of the Labor Code. In addition, the difference between the prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.

9. Public Works Contractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relation. No bid will be accepted, nor any contract entered into without proof of the Contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. In addition, Contractor shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors Form.

This Project is subject to compliance monitoring and enforcement by the Department of Relations. In executing this contract, Contractor acknowledges that it has reviewed all applicable labor compliance requirements and included the cost of complying with such requirements in its bid.

10. Payroll Records. The Contractor shall comply Section 1776 of the California Labor Code. The Contractor shall keep and require that all subcontractors keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice worker or other employee employed by him in connection with public work. Such payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor by the City, its officers, and agents and to the representatives of the Division of Labor Law Enforcement of the State Department of Industrial Relations. In the event of non-compliance with the requirements of Section 1776, the Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply. If Contractor or subcontractor does not comply after such ten (10) day period, the Contractor shall, as a penalty, forfeit one hundred dollars ($100) for each day or portion thereof for each worker until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.

In accordance with California Labor Code Section 1771.4 Section 1771.4, Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (DIR) on a weekly basis and in the format prescribed by the DIR which may include electronic submission. Contractor shall comply with all applicable requirements and regulations from the DIR relating to labor compliance monitoring and enforcement.

11. Hours of Work. Pursuant to California Labor Code Section 1813, eight hours in any one calendar day and forty (40) hours in any calendar week shall be the maximum hours any worker is required or permitted to work, except in cases of extraordinary emergency caused by fires, flood,

or danger to life and property or except as authorized under the overtime provisions in California Labor Code 1815.

Overtime and shift work may be established as a regular procedure by the Contractor with reasonable notice and written permission of the City. 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 City shall deduct such charges from payments due the Contractor.

12. Power to Act on Behalf of City. Contractor shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.

13. Record Keeping; Reports. Contractor shall keep complete records showing the type of Services performed. Contractor shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Contractor and its subcontractors for inspection and audit purposes. Contractor shall provide City with a working draft of all reports and a copy of all final reports prepared by Contractor under this Agreement.

14. Ownership and Inspection of Documents. All data, tests, reports, documents, conclusions, opinions, recommendations, and other work product generated by or produced for Contractor or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs (“Work Product”), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit. Upon City’s request, Contractor shall make available for inspection and copying all such Work Product and all Work Product shall be turned over to City promptly at City’s request or upon termination of this Agreement, whichever occurs first. Contractor shall not release any Work Product to third parties without prior written approval of the City Manager. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.

15. Confidentiality. All data, reports, conclusions, opinions, recommendations, and other work product prepared and performed by and on behalf of Contractor in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Contractor shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services,

except to its agents, employees, affiliates, and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Contractor shall also require its subcontractors to be bound to these confidentiality provisions.

16. City Name and Logo. Contractor shall not use City’s name or insignia, photographs relating to the City projects for which Contractor’s services are rendered, or any publicity pertaining to the Contractor’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

17. Conflicts of Interest. Contractor warrants that neither Contractor nor any of its employees have an interest, present or contemplated, which would conflict in any manner with the interests of the City, or which would in any way hinder Contractor’s performance of services under this Agreement.

Contractor covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Contractor shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission. City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties.

Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. City understands and acknowledges that Contractor will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement, and any such future service shall not be considered a conflict of interest for purposes of this section.

18. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Contractor, or any successors in interest, in the event of a default or breach by City for any amount which may become due Contractor or its successor, or for any breach of any obligation under the terms of this Agreement.

19. City Right to Employ Other Contractors. This Agreement is non-exclusive with Contractor. City reserves the right to employ other Contractors in connection with the Services.

20. Termination of Agreement. This Agreement shall terminate upon completion of the Services, or earlier pursuant to the following.

a. For Convenience of City. This Agreement may be terminated by City at its discretion upon thirty (30) days prior written notice to Contractor. b. For Breach of Either Party. If for any cause either party fails to fulfill in a timely and proper manner its obligations under this Agreement (the “breaching party”), the other party (the “terminating party”) shall have the right to terminate the Agreement by giving not less than five (5) working days’ written notice to the breaching party of the intent to terminate and specifying the effective date thereof. The terminating party shall, however, provide the breaching party with a

detailed statement of the grounds for termination. This statement shall include, as appropriate, references to specific provisions of this Agreement, dates, dollar amounts and other information relevant to the decision to terminate for cause.
c. Compensation to Contractor Upon Termination. In the event termination is not due to fault attributable to Contractor and provided all other conditions for payment have been met, Contractor shall be paid compensation for services performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Contractor's compensation has not become due, Contractor shall be paid the reasonable value of its services provided.

However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified in Section 3 herein. In the event of termination due to Contractor’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure. d. Effect of Termination. Upon receipt of a termination notice (or completion of this Agreement), Contractorshall: (i) promptly discontinue all Services affected (unless the notice directs otherwise); and (ii) deliver or otherwise make available to the City, without additional compensation, all data, documents, procedures, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Contractor in performing this Agreement, whether completed or in process. Following the termination of this Agreement for any reason whatsoever, City shall have the right to utilize such information and other documents, or any other works of authorship fixed in any tangible medium of expression, including but not limited to physical drawings, data magnetically or otherwise recorded on computer disks, or other writings prepared or caused to be prepared under this Agreement by Contractor. Contractor may not refuse to provide such writings or materials for any reason whatsoever.

21. Insurance. Contractor shall obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit "C" attached hereto and incorporated herein by this reference. All insurance policies shall be subject to City approval as to form and content.

Contractor shall provide City with copies of required certificates of insurance upon request.

22. Indemnity and Defense. Contractor shall indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Contractor’s performance of its obligations under this agreement or out of the operations conducted by Contractor, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this agreement, the Contractor shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.

23. Compliance with All Laws. Contractor shall be familiar with and shall comply with all City, State,

and Federal laws and regulations applicable to the work to be performed under this Agreement. In providing the services required under this Agreement, Contractor shall at all times comply with all applicable laws, regulations, and resolutions of the United States, the State of California, and the City of Madera now in force and as they may be enacted, issued, or amended during the term of this Agreement.

24. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Contractor without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Contractor shall not assign the payment of any monies due Contractor from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Contractor directly to Contractor.

25. Form and Service of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: Arnoldo Rodriguez, City Manager
City of Madera
205 W. Fourth
Madera, CA 93637
Email: [email protected]
To Contractor: Darin Sherlock
Elite Maintenance & Tree Service
2972 Larkin Avenue
Clovis, CA 93612
Email: [email protected]
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

26. Entire Agreement. This Agreement, including the attachments and exhibits, represents the entire Agreement between City and Contractor, and supersedes all prior negotiations, representations, or agreements, either written or oral with respect to the subject matter herein.

This Agreement may be amended only by written instrument signed by both City and Contractor.

27. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

28. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

29. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.

30. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Contractor in the County of Madera, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.

31. Attorneys Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant, or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorneys’ fees and legal expenses.

32. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

33. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

34. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

35. Non-Discrimination. Contractor shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Contractor employees or applicants for employment. Contractor shall ensure that any subcontractors are bound to this provision. A protected class includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability. [SIGNATURES ON FOLLOWING PAGE]

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

CITY OF MADERA
Date: _______________________________
By: _________________________________
Cecilia Gallegos, Mayor
APPROVE AS TO FORM:

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

By: __________________________________
Alicia Gonzales, City Clerk

CONTRACTOR
By: _________________________________
Contractor (signature)
_________________________________
Printed Name and Title
___________________________
Federal Tax I.D. No.
___________________________
Contractor License Number
___________________________
DIR Registration Number

EXHIBIT A

SCOPE OF SERVICES
The Contractor shall provide and coordinate all services necessary for the proper maintenance of the areas. The specific services of the Contractor shall include, but not be limited to the following:
 Prepare a preliminary estimate for material and labor costs associated with needed services directly covered by this Agreement.
 Provide an itemized monthly statement showing all services performed.

The Contractor shall furnish all labor, tools, equipment, fertilizers, herbicides, and materials necessary for the performance of the maintenance work and services in the manner specified herein for each of the maintenance areas of service.

A. GENERAL REQUIREMENTS
The Contractor shall thoroughly complete each task in a professional, workmanlike manner. To this end, they will use equipment and materials that comply with all current regulations. The safety of workers, passersby, and the public shall be paramount.

The Contractor shall provide the labor, materials, and equipment necessary for the provision of grounds and landscape maintenance services, except as otherwise specified hereinafter. Tasks shall be performed in accordance with standards contained herein, at no less than the frequencies set forth herein.

The Contractor is hereby required to render and provide grounds maintenance services including, but not limited to:
 turf mowing
 edging
 small-scale standard tree trimming as defined below
 overseeding
 reseeding
 fertilization
 aeration
 irrigation
 hand watering
 bleeding of valves as necessary during emergencies when automatic systems are not functioning
 pruning and renovation of turf and shrub areas
 provide weed control
 disease control

 tree maintenance
 maintenance of irrigation systems
As well as necessary maintenance of any appurtenant structures and equipment according to specifications and frequencies as set forth herein or revised by City.

The Contractor shall not perform any operations, particularly during periods of inclement weather, which may destroy or damage ground cover or turf areas.

The Contractor recognizes that during the course of this Agreement other activities and operations may be conducted by City workforces and other contracted parties. These activities may include, but not be limited to, landscape refurbishment, irrigation system modification or repair, and construction and/or storm-related operations. The Contractor may be required to modify or curtail certain tasks and operations and shall promptly comply with any request by the City to modify or curtail impacted tasks covered by this Agreement.

The Contractor shall, during the hours and days of maintenance service, as identified in Section III.H, respond to all emergencies within two (2) hours of notification.

The Contractor shall be required to identify equipment and vehicles used with decals identifying the Contractor's name, and phone number.

B. REQUIRED LICENSES
The successful bidder and any subcontractor(s) must possess, at a minimum, a current and valid California Contractor State Licensing Board (CSLB) license(s) in the classification(s) required by law to perform the work: CSLB C-27 (Landscape Contractor).

All businesses shall have a valid City business license to provide services and must have the appropriate licenses necessary to apply pesticides as required for the maintenance services proposed. The Contractor, in complying with the California Food and Agricultural Code, shall provide a copy of a valid Pest Control Business License, a valid Pest Control Advisor's License, and a Qualified Applicator's License before using any applicable chemicals within the area(s) to be maintained.

C. DESCRIPTION OF WORK AND SERVICES

1. All areas shall be maintained in accordance with the preservation of the quality of standard landscaping practices of the intended design concept. Maintenance will occur in such a manner that will not alter the existing ground area from its natural state. All areas will be kept weed-free leaving a clean and manicured appearance. Such maintenance is to occur at the following minimum intervals and shall comply with procedures for standard landscaping practices leaving these grounds in a clean and desirable condition.

If turf exists within maintenance areas, turf shall be cut or mowed with conventional mowing equipment of a type that will not damage the turf, such mowing is to occur at the following minimum intervals and shall comply with standard practices and procedures for mowing and maintaining turf in a healthy and presentable condition. (a) The maintenance shall occur at a minimum of one time per week, between March 1 and October 1. Maintenance may be performed a minimum of twice per month, for all other months provided minimum standards per specifications contained herein are maintained. (b) The maintenance services will be provided Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m.

2. All trees and shrubs shall be inspected, trimmed, and adjusted to facilitate complete maintenance, provide a neat appearance, and protect said trees and shrubs from damage by site maintenance operations. Said trimming shall comply with standard practices and procedures to maintain trees and shrubs in a healthy and presentable condition. The standard trimming of all trees and shrubs within the scope of this agreement shall be a minimum 7 feet above ground level over pedestrian pathways and 14 feet above vehicle travel ways such as streets, alleys, etc. Said standard trimming is specific to facilitating maintenance and differs from major trimming as described under the Extra Work provision in this RFP. The determination of major trimming shall be at the sole discretion of City. The Contractor shall be responsible for maintaining all tree staking and should adjust, modify, or remove as required to promote acceptable growth requirements.

The Contractor shall maintain the perimeter of all landscape areas, including but not limited to curb, parking areas, or affiliated grounds. Contractor may use the application of herbicides at the Contractor’s discretion. The Contractor shall comply with all applicable laws, regulations, and ordinances and shall be responsible for the securing of any and all permits, which may be required for the performance of the work and services herein provided. All herbicide to be used shall be approved prior to application and only by written notice as detailed in the draft agreement included in this RFP. Weed eating around trees will not be permitted and damage to trees caused by such activity will be justification for damages being assessed to the Contractor, termination of agreement, or tree replacement at the Contractor’s expense.

3. All trash and debris that has accumulated, or may in the future accumulate within the boundaries of the specific areas, including, but not limited to, sidewalks, play areas, driveways, fence lines, and property boundaries shall be removed from the site. Grass clippings, weeds, trash, debris and other waste and refuse materials collected within the sites shall be disposed of in an approved manner off-site. Trash and debris shall be removed by the Contractor and at the Contractor’s expense at a frequency concurrent with maintenance defined in the Description of work (Section (a).

4. All landscape maintenance areas shall be inspected monthly by the Parks Supervisor, or designated City personnel, to determine whether any damage has occurred to the property, including, but not limited to, fences, sidewalks, equipment, structures, plants, turf, trees or other improvements. The Contractor shall report to the Parks Supervisor, or designated City personnel, in writing within twenty-four (24) hours of discovery of any damage to a site which adversely impacts the functioning of the site, improvements, security, and/or safety thereof.

5. All landscape maintenance areas shall be fertilized and kept weed-free. Fertilizers and herbicides will be provided by the Contractor and shall be applied in such a manner that nontarget species are protected. Any grasses or plants damaged or destroyed through the application of fertilizers, herbicides or other chemicals shall be replaced at Contractor’s sole cost and expense.

6. The Contractor shall be responsible for the maintenance of all locks and chains on all backflow preventer enclosures, gates, structures, and other improvements requiring such security.

Or at the request of City personnel, the City will provide the Contractor with replacement locks and chains as may be required.

7. The Contractor shall submit signed detailed work reports no later than the 10th day of each month describing all work and services performed on each landscape maintenance area during the preceding month. Without limitation to scope or detail, Contractor shall include in said report a general description of the work and services performed; the date or dates on which each landscape area was inspected and work performed; information concerning damages, repairs, or replacements required, including, but not limited to locks or chains and unusual or special conditions which require special attention in order to preserve the functional and/or security and integrity of the landscape areas. The report shall include the Contractor's recommendations for measures to correct any deficient condition reported. However, this report does not exempt the Contractor from notification of conditions that exist as specified in No. 4 above. All work reports must be submitted to City before/or with the monthly payment request forms. If monthly work reports are not submitted, payment shall be held until City receives the monthly work reports.

D. DESCRIPTION OF EXTRA WORK
The Contractor shall, from time to time, be required to perform Extra Work of varying types. The following, though not inclusive, represents specific types of Extra Work that may be required and the conditions governing performance. In all cases of Extra Work, no such work may be performed without prior written authorization from the City. The City, at its discretion, may choose to provide all necessary materials or have the Contractor provide materials and reimburse the Contractor for all authorized costs.

1. Contractor may be required to eradicate pests and rodents, such as ground squirrels, gophers, moles, etc. Pursuit of such eradication measures and the use of pesticides and other chemicals or eradication techniques shall be in accordance with all local, state, and federal regulations governing the use of such agents or techniques. In no event shall the actions of the Contractor in effecting such eradication result in a danger to humans, domestic animals, or plant life. The Contractor shall be responsible for any damages that result from a violation of local, state, or federal regulations governing eradication agents or techniques and/or improper or negligent use of such agents or techniques.

2. The Contractor may be required to perform major tree pruning or removal of trees and/or shrub growth located on or adjoining City sites, so that said trees do not present a danger to persons or improvements of the City. Such responsibility may include planting, watering, treatment, fertilizing, the cutting away and removal of dead, diseased, broken, or otherwise impaired branches, and the complete removal of those trees and shrubs whose location or state of health demands such removal. Such work is considered Extra Work in scope above the normal tree and shrub trimming requirements identified in this Description of Work and Services. City shall be the sole determinate of what constitutes normal or extra work.

3. Contractor may be required to eradicate weeds, plants, and undesirable growth within adjacent properties. The work and services necessary to accomplish the foregoing shall be coordinated with the control activities of any governmental agencies concerned with the work.

Elimination of undesirable weeds or specific ground plantings may be accomplished by means of appropriate herbicides and pesticides after prior written approval of the City. The elimination process shall be performed in such a manner as not to endanger or damage existing turf and other plantings within any City sites or plant or animal life on adjacent properties.

4. Contractor may be required to plant flowers, plants, and place bark or mulch.

All extra work shall commence on the specified date established and the Contractor shall proceed diligently to complete said work within the time allotted.

City retains the right at all times to accept, re-negotiate, or decline proposals for extra work and further retains the right to negotiate with third-party companies to perform extra work.

E. DAMAGE BY CONTRACTOR
All damages incurred to existing facilities by the Contractor's operation shall be repaired or replaced at the Contractor's expense. All such repairs or replacements shall be completed within the following time limits:

1. Irrigation damage shall be repaired or replaced within one watering cycle.

2. All damages to shrubs, trees, turf, or ground cover shall be repaired or replaced within five (5) working days, weather permitting.

3. Minor damage to trees such as bark lost from impact of mowing equipment shall be remedied by a qualified tree surgeon or arborist. If damage results in the loss of a tree, the damaged tree shall be removed and replaced to comply with the specific instructions of the City.

4. Minor damage to shrubbery may be corrected by appropriate pruning. Major damage shall be corrected by removal of the damaged shrub and replacement.

5. All damage resulting from chemical operation, such as spray-drift or lateral-leaching, shall be corrected in accordance with the aforementioned maintenance practices and the soil conditioned to ensure its ability to support plant life.

6. All damage caused to components of the sites such as pumps, pump houses, doors, drainage structures, walkways, fences, light fixtures, etc., from accidents or cumulative effects of incidents caused by the carelessness of the Contractor's staff shall be immediately corrected at the Contractor's expense.

F. INQUIRIES AND COMPLAINTS
The Contractor shall maintain a written log of all complaints, the date and time thereof, and the action taken pursuant thereto or the reason for non-action. The log of complaints shall be open to the inspection of the City at all reasonable times.

All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the City. If any complaint is not abated within 24 hours, the City shall be notified immediately of the reason for not abating the complaint followed by a written report to the City within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the City, the City may correct the specific complaint, and the total cost incurred by the City will be deducted and forfeited from the payments owed to the Contractor from the City.

G. SAFETY
The Contractor agrees to perform all work outlined in this Agreement in such a manner as to meet all accepted standards for safe practices. The Contractor shall safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all local, City, State, or other legal requirements including but not limited to, full compliance with the terms of the applicable O.S.H.A. and CAL-O.S.H.A. Safety Orders at all times so as to protect all persons, including the Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. The Contractor shall inspect for

potential hazards at the various sites covered by this RFP and keep a log indicating the date inspected and action taken.

It shall be the Contractor's responsibility to inspect and identify, any condition(s) that renders any portion of the area unsafe, as well as any unsafe practices occurring thereon. The City shall be notified immediately of any unsafe condition that requires major correction. The Contractor shall be responsible for making minor corrections including, but not limited to; filling holes in turf areas and paving, using arrow boards, barricades, or traffic cones to alert the public of the existence of hazards, replacing valve box covers, and securing the area so as to protect members of the public or others from injury. The Contractor shall obtain emergency medical care for any member of the public who is in need thereof, because of illness or injury occurring within the landscape easement area. The Contractor shall cooperate fully with the City in the investigation of any accidental injury or death occurring on the premises, including a complete written report thereof to the City within five (5) days following the occurrence.

Traffic control shall conform to the latest Caltrans Standards to ensure safe flow of traffic and the safety of workers in traffic zones. All traffic control costs shall be included in the prices paid for the various contract items of work and no additional compensation will be allowed therefore. Access to driveways shall be maintained at all times. When entering or leaving roadways that bear public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. The provisions in this section may be modified or altered if, in the opinion of the City, public traffic will be better served and work expedited. Such modifications or alterations shall not be adopted until approved in writing by the City.

H. HOURS AND DAYS OF MAINTENANCE SERVICES
The Contractor shall provide adequate staffing to perform the required maintenance services during the prescribed hours five (5) days per week. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the City.

Per State of California Labor Code Section 1813, Contractor is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this Agreement shall constitute a legal day's work and said Contractor shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by Labor Code Section 1815, under penalty of paying to the City the sum of Twenty-Five Dollars ($25) for each laborer, worker or mechanic employed in the execution of said Agreement by him, or any subcontractor under him, upon any of the work included in said Agreement for each calendar day during which such laborer, worker, technician, specialist or mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week, in

violation of the provisions of Section 1811 to 1815, inclusive, of the Labor Code of the State of California.

I. MAINTENANCE SCHEDULES
The Contractor shall, within ten (10) days after the effective date of this Agreement, submit a work schedule to the City for review and approval. Said work schedule shall be set on an annual calendar identifying and delineating the time frames for the required functions by the day of the week, morning and afternoon.

The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the City for review, and if appropriate approval, within five (5) working days before the scheduled time for the work.

The above provisions are not construed to eliminate the Contractor's responsibility in complying with the requirements to notify the City for Specialty Type maintenance as set forth immediately hereafter.

The Contractor shall notify the City, in writing, at least two (2) weeks prior to the date and time of all "Specialty Type" maintenance operations. "Specialty Type" operations are defined as:

1. Fertilization

2. Turf renovation/reseeding

3. Micro-Nutrients/soil amendments

4. Spraying of trees, shrubs or turf

5. Aesthetic tree pruning

6. Other items as determined by the City.

J. CONTRACTOR'S STAFF
The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. The Contractor's employees, whether assigned to any one area or as part of a crew serving any number of areas, shall include at least one individual who speaks and comprehends the English language.

The City may at any time give the Contractor written notice to the effect that the conduct or action of a designated employee of the Contractor is, in the reasonable belief of the City, detrimental to the interest of the public within the landscape easement area. The Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matters and the Contractor shall take reasonable measures to assure the City

that the conduct and activities of the Contractor's employees will not be detrimental to the interest of the public within the landscape easement area.

The City requires the Contractor to establish an identification system for personnel that clearly indicates to the public the name of the individual employee responsible for the landscape and grounds maintenance services. The identification system shall be furnished at the Contractor's expense and may include appropriate attire and/or name badges as specified by the City.

The Contractor shall require each of his employees to adhere to basic public works standards of working attire. These are basically; uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirts shall be worn at all times and buttoned.

K. SIGNS/IMPROVEMENTS
The Contractor shall not post signs or advertising matter upon the premises or improvements unless they are proper “men working” signs, without the City’s prior approval. RFP 202425-15 Professional Landscape Maintenance Services
L. NON-INTERFERENCE
The Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed.

M. USE OF CHEMICALS
All work involving the use of chemicals shall be in compliance with all Federal, State, and local laws and will be accomplished by a Qualified Applicator under the direction of a Licensed Pest Control Advisor. The Contractor, in addition to complying with the California Food and Agricultural Code, must be registered with the County of Madera Agricultural Commission. The Contractor shall also be certified in Categories D and E of the Pest Control Advisor's License and in Category B of the Qualified Applicator's License. If the Contractor does not possess a valid Pest Control Advisor's License with appropriate categories, the Contractor, upon written consent of the City per the Agreement, may subcontract this service. If the chemical application is performed without the necessary approvals, including registration, licenses, and permits, the City may deduct pro rata from the Contractor's invoice applicable costs for chemical spraying.

The action above shall not be construed as a penalty but as an adjustment of payment to the Contractor due to the failure of the Contractor to complete or comply with the provisions of this Agreement. In addition to the remedies provided, this Agreement may be terminated by the City

with a 30-day written notice mailed by certified letter to the Contractor if the Contractor fails to correct deficiencies promptly.

A listing of proposed chemicals to be used including commercial name, application rates and type of usage shall be submitted to the City for approval at the commencement of the Agreement. No chemical applications shall begin until written approval of use is obtained from the City. Chemicals shall only be applied by those persons possessing a valid California Certified Applicator's license. The Application shall be in strict accordance with all governing regulations.

Records of all operations stating dates, times, methods of application, chemical formulations, applicator(s) names, and weather conditions shall be made and retained in an active file for a minimum of three (3) years. The Contractor shall provide a chemical use report that is sitespecific with the monthly billing. A copy of the Pest Control Advisor’s recommendation for each application that is site-specific shall be provided to the monitor and applicator before each application. This shall be in addition to the copy of the usage summary that is provided to the Madera County Agricultural Commissioner. All chemicals requiring a special permit for use must be registered with the County Agricultural Commissioner and a permit obtained with a copy to the City of Madera Department of Parks and Community Services prior to application.

All regulations and safety precautions listed in the Pesticide Information and Safety Manual published by the University of California shall be adhered to.

N. MAINTENANCE, REPAIRS, AND REPLACEMENTS DUE TO EXTRAORDINARY INCIDENTS The Contractor shall be responsible for performing maintenance, repairs and replacement when the need for such work arises out of Acts of God and third-party negligence in accordance with the provisions of this Section. The Contractor shall repair or replace:

1. Damaged, diseased (untreatable) or dead shrubs, ground cover, and trees in accordance with Sections III.O and III.P; and,

2. Inoperable irrigation equipment described in Section III.G.

The Contractor shall submit a written estimate of the cost for performing such work. The City may, upon review and approval of such estimate, authorize the Contractor to perform said work by return of a signed copy of the contractor's estimate. After the submittal of the bill, the Contractor shall be reimbursed only for the agreed-upon cost estimate. If the Contractor's written estimate is not approved, then the City reserves the right to contract with a third party to perform such work.

MAINTENANCE SPECIFICATIONS
O. TURF CARE
The Contractor shall perform at their sole expense the following services:

Mowing
Turf shall be mowed with an adequately sharpened rotary or reel-type mower, equipped with rollers, to ensure a smooth surface appearance without scalping.

All cool season grasses (such as Bluegrass and Fescues) are to be cut at 2-1/2 inches during March through November and at 2 inches from December to February of each year. The mowing heights will be adjusted by the City during periods of renovation. All grass clippings will be collected and removed from the site on the same day the area is mowed. A mowing schedule will be established and maintained. This schedule will ensure that all areas will be mowed not less than once a week during the warm season of March to November and once every two weeks during the cool season of December to February. This schedule will be submitted to the City for approval.

Power Edge
With each mowing, the edge of the grass along sidewalks, curbs, shrub and flower beds, and walls shall be trimmed to a neat and uniform line. Where trees and shrubs occur in turf areas, all grass shall be removed 6 inches from the trunks of trees and away from the drip line of shrubs by use of power scythe, approved chemicals, or small mowers as required. Trim around all sprinkler heads as necessary to provide maximum water coverage. Edging will be done concurrently with each mowing. The edge of the turf shall be trimmed around valve boxes, meter boxes, backflow devices, or any structures located within the turf areas.

All turf edges are to be maintained to prevent grass invasion into adjacent shrub, flower, and ground cover bed areas. All clippings shall be removed from the site the same day the area is edged. After mowing and edging are completed all adjacent walkways shall be cleaned to remove accumulated debris and limit hazardous conditions.

Weed Control
Control turf weeds as needed in accordance with industry standards to maintain turf stands that are 90% weed-free. Hand removal of noxious weeds or grasses will be required as necessary.

Insect, Ants, and Disease Control
Eliminate all insects, ants, and disease-affecting turf areas as they occur.

Aerification
The City may request aerification at several or all sites depending upon existing conditions.

Expenses related to aerification processes may be billed as Additional Work as specified.

Thatch Removal
Verticut all cool season grasses once annually before the overseeding operation. Equipment will consist of standard renovating or vertical mowing types. The City is to be notified at least two (2) weeks before the exact date of renovation.

Irrigation
Irrigation, including hand watering and bleeding of valves during an emergency situation, as required to maintain adequate growth rate and appearance and in accordance with a schedule most conducive to plant growth. The Contractor shall be proficient with Hunter products and controllers. The Contractor shall contact the manufacturer for service and training on an asneeded basis. The Contractor may be asked to provide the City with a quarterly written irrigation report. The City shall have the ability to change the irrigation schedule at any time. Adequate soil moisture will be determined by programming the automatic sprinkler controllers as follows:

1. Consideration must be given to the soil conditions, season temperatures, wind conditions, humidity, minimizing runoff, and the relationship of conditions that affect day and night watering. This may include daytime watering during winter weather to prevent icy conditions and manual operation of the irrigation system during periods of windy or inclement weather.

During freezing and/or windy conditions, automatic irrigation will be discontinued.

2. In areas where wind creates problems of spraying water onto private property or road rightsof-way, the controllers shall be set to operate during the period of lowest wind velocity which would normally occur at night (between the hours of 7:00 p.m. and 6:00 a.m.)

3. The Contractor shall be responsible for monitoring all systems within the jurisdiction of this specification and correcting for coverage, adjustment, clogging of lines, and removal of obstacles, including plant materials that obstruct the spray.

4. Check systems and adjust and/or repair any sprinkler heads causing excessive runoff, including slope areas, or which throw directly onto roadway paving or walks (where sprinkler heads can be adjusted) within the area.

5. All controllers shall be adjusted to consider the water requirements of each season, plant community, and adverse weather changes, and local watering ordinances.

6. The irrigation system will be controlled by the Contractor in such a way as not to cause an excessively wet area which could interfere with the Contractor’s ability to mow all turf.

7. The Contractor shall observe and note any deficiencies occurring from the original design and review these findings with the City, so necessary improvements can be considered.

8. The Contractor shall repair all leaking or defective valves immediately upon occurrence, or within twenty-four (24) hours following notification from the City of such a deficiency.

9. The Contractor shall file a monthly statement with the Department of Parks and Community Services, certifying that all irrigation systems are functioning properly and shall also provide an irrigation schedule on a quarterly basis.

10. The bleeding of valves and hand watering are to be used only in emergency situations.

Fertilization
Turf shall be fertilized twice (2 times) a year with Best – Triple Twelve 12-12-12, or comparable fertilizer, during May and September. All fertilizers used shall be inorganic and granular. In addition to the balanced type of commercial fertilization, the Contractor shall fertilize all turf areas with Best – Turf Supreme 16-6-8, or comparable fertilizer, four times a year during March (after aeration), April, October, and November of each calendar year at a rate of one (1) pound of actual available nitrogen per one thousand (1,000) square feet. All turf areas fertilized shall be thoroughly soaked immediately after fertilization. Soil tests shall be taken by the Contractor one (1) time per year during March. Fertilizer materials and rates may be adjusted by the City based on test results.

Turf Reseeding
The Contractor shall, as needed, overseed all turf area bare spots to reestablish turf to an acceptable quality. When the Contractor reseeds turf, the Contractor will aerify, renovate, or verticut, seed, and mulch (spread evenly over the entire area to a uniform depth of ¼ inch) in this sequence. The City may require the use of sod when deemed necessary. The Contractor shall be entitled to additional compensation for the cost of the sod only provided the loss of turf was not due to the negligence of the Contractor. Overseeding shall be sown at a rate of five (5) pounds per one thousand (1,000) square feet and reseeding of bare areas shall be sown at a rate of eight (8) pounds per one thousand (1,000) square feet.

P. SHRUB, GROUND COVER AND VINE CARE
The Contractor shall perform at their sole expense the following services:

Pruning (with hand pruners/loppers/saws) as indicated by the City, prune shrubbery between January and March to encourage healthy growth habits pertaining to each individual species of plant, and for an overall balanced shape and appearance. All shrubs shall be free of dead wood, weak, diseased, insect-infested, and damaged limbs shall at all times. In general, selective thinning cuts should be made; not “heading” or tipping” cuts. Some growth will need to be

thinned or lifted slightly, one foot (1’) to two feet (2’), to allow all sprinklers to spray freely.

Remove all clippings the same day shrubbery is pruned.

Trimming (with hedge shears or hand-pruners) restricts growth by trimming shrubbery and ground covers to the area behind curbs and walkways, within planter beds and away from walls, fences, and utilities as necessary, or upon written notice by the City. Keep ground cover trimmed two feet (2’) in diameter from the base of shrubs. For all high branches, open shrubbery, and all trees, keep ground cover trimmed one foot (1’) away from the outer perimeter of trunks. For all trees in turf areas, spray a two-foot (2’) radius clearing out from the perimeter of the trunk and mulch. Do not use string trimmers around trees and shrubs. Trim designated formal hedges and/or shrubs to heights indicated by the City. Trim clinging vines (e.g., Ivy, Ficus, Virginia Creeper) to stay on block wall surfaces - not on buildings (except as designated) nor entangled in ground cover, shrubs, or trees.

Renovation
Renovate ground covers (e.g. Rosemary, Acacia) according to prescribed practices in the industry as needed to maintain a healthy vigorous appearance and growth rate. All ground cover is to be renovated and lowered once per year during the months of February through March.

Ground cover height shall be at the discretion of the City.

Insect, Mollusk, Ant and Disease Control
Maintain shrub areas to be free of disease, insects, ants and mollusks.

Weed Control
All ground cover and shrub beds are to be kept weed-free at all times. Control methods can incorporate one or all three of the following:

1. Hand removal

2. Cultivation

3. Chemical eradication (mainly within point irrigated areas). Use chemical eradication twice a year.

Fertilization
Mechanically broadcast or individually apply (point irrigation) fertilizer three (3) times per year during March (Best – Triple Twelve 12-12-12, or comparable product), May (Best – Supreme 16- 6-8, or comparable product), and September (Best – Supreme 16-6-8, or comparable product).

Individually apply Best Triple Twelve 12-12-12, or comparable product, at the rate of 1 cup per plant, to all plants serviced by a point irrigation system. The Contractor will cultivate into the soil. Soil tests shall be taken by the Contractor one (1) time per year during March. One soils

test with complete analysis and recommendation(s) shall be taken for every five acres of designated landscape areas. Test site(s) to be determined by the City. Fertilizer materials and rates may be adjusted by City based on test results. The Contractor shall provide the City with a fertilization schedule, with two (2) weeks' notification prior to the proposed fertilization.

Irrigation
Irrigation will be programmed in conjunction with automatic controllers or manual control valves servicing turf or ground cover and shrub areas in accordance with the requirements of this specification.

Shrub and Ground Cover Replacement
All damaged, diseased (untreatable), or dead shrubs and ground covers will be replaced as needed with the same material of similar size that existed and as required by the City unless otherwise notified by the City in writing. Shrubs and ground cover damaged or lost due to Contractor negligence shall be replaced at the Contractor’s expense. Shrubs and ground covers permanently damaged or lost due to vandalism may be covered at the City's expense.

The Contractor shall be responsible for getting City approval in writing before removal and/or replacement.

Substitutions for any plant materials must have prior approval in writing by the City. Original plans and specifications should be consulted to determine the correct identification of species. All shrubs shall be guaranteed to live and remain in healthy condition for no less than six (6) months from the date of acceptance of the job by the City.

Q. TREE CARE
The Contractor shall perform at the sole expense the following services:

Tree Maintenance

1. Maintain seven (7) foot clearance for branches overhanging walks and fourteen (14) foot clearance for branches overhanging beyond the curb line into the paved section of streets where applicable.

2. Control insects and diseases as needed.

3. Stake and support all replacement trees and replace stakes that have been broken or damaged on existing trees as required. Tree stakes shall be pentachlorophenol-treated lodge pole pine not less than eight (8) feet in length for five (5) gallon size trees and not less than ten (10) feet for fifteen (15) gallon trees sizes, (two (2) per tree). Guy wires where required and plant ties will be of pliable, zinc-coated ten (10) gauge wire (two (2) ties per tree). Hose for covering wire to be either new or used garden hose at least one-half (1/2) inch in diameter (hose ties

should allow for a minimum of three (3) additional inches of clearance beyond the diameter of the branch or trunk being secured).

4. Stakes will not be placed closer than eight (8) inches from the trunk of the tree.

5. Stakes and ties will be placed so no chafing of bark occurs and shall be checked frequently and re-tied to prevent girdling.

New Tree Pruning
During the first three (3) years, head back to lower branches and prune all trees, including those on the slopes, for the correct branching structure.

Fertilization
Apply/install tree fertilizer tablets (Best – Best Tabs 20-10-5, or comparable product,) within the drip line of the tree two times per year (during May and October).

Irrigation
Irrigation will be programmed in conjunction with automatic controllers or manual control valves servicing turf or ground cover and shrub areas in accordance with the requirements of these Specifications.

Tree Replacement
All trees permanently damaged will be replaced as needed with the identical species of tree unless otherwise notified in writing by the City. The need for and the size of the replacement will be determined by the City. The size of the replacement shall be a minimum size of a 15-gallon container. Substitutions will require prior written approval by the City. Original plans and specifications should be consulted to ensure the correct identification of species. Trees permanently damaged or lost due to vandalism may be replaced at the City’s expense. The Contractor shall be responsible for getting City approval in writing before removal and/or replacement.

R. GENERAL CLEANUP
The Contractor shall perform at his sole expense the following services:

Trash Removal
All areas under maintenance and other designated areas will have above-identified trash removed in conjunction with the approved maintenance schedule for each maintenance area on a weekly basis with the exception of the Downtown District where all trash receptacles are to be emptied THREE TIMES PER WEEK.

Concrete/Asphalt Median Strip Maintenance
The Contractor is responsible for weed and grass removal within concrete asphalt median strip areas.

Curb and Gutter Maintenance
The Contractor is responsible for the removal of weeds and grass from curb and gutter expansion joints located adjacent to designated maintenance areas at all times.

Removal of Leaves
Accumulations of leaves shall be removed from all areas not less than once per week.

S. IRRIGATION SYSTEM MANAGEMENT
All irrigation systems within the landscaped areas designated in this Specification will be repaired and maintained as required for operation, by the Contractor at his sole expense in the following manner:

Scope of Responsibility
The Contractor shall maintain or repair and keep operable all irrigation equipment downstream of the backflow device including but not limited to sprinkler heads, remote control valves, quick couplers, and risers. Repairs to automatic controllers, booster pumps, and backflow prevention devices may be performed at the City's expense. The Contractor shall be responsible for getting City approval in writing before the removal and/or replacement of these irrigation system components.

Replacement Requirements
Replacements will be of original materials or substitutes approved by the City in writing prior to any installation.

Extent of Responsibility
The Contractor will be responsible for immediate maintenance (repair or replacement) of all irrigation system components including those damaged due to vandalism. The Contractor will be responsible at all times for hand watering and the bleeding of valves in emergency situations as required to sustain and prevent loss of turf, trees, plants, and ground covers when automatic systems are not functioning. The replacement to be provided by the Contractor shall be the normal deterioration, wear and tear, or negligence upon the part of the Contractor. The replacement caused by acts of God and third-party negligence will be accomplished by the Contractor as provided for as outlined in the Scope of Responsibility.

T. MAINTENANCE AND REPAIR OF DRAINAGE SYSTEMS AND MISCELLANEOUS

IMPROVEMENTS
Drainage Systems:

The following services shall be provided by the Contractor at their expense except as otherwise provided for:

1. All surface drains ("V" ditches); if any, shall be kept clear of debris and overgrown planting so that water will have an unimpeded passage to its outlet. The Contractor will repair or replace concrete portions as necessary. The Contractor may request additional compensation for this added work. This compensation will be negotiated per standards set forth in Section III.D (Additional Work).

2. All sub-surface drains (except storm drains), if any, shall be periodically flushed with water to avoid build-up of silt and debris. All inlets to sub-surface drains shall be kept clear of leaves, paper, and other debris to ensure unimpeded passage of water. The Contractor shall replace all broken or stolen sections of pipe, catch basin boxes, and grates. The Contractor may request additional compensation for this added work. This compensation will be negotiated per standards set forth in Section III.D (Additional Work).

Miscellaneous Improvements
It will be the responsibility of the Contractor to repair or replace mowing strips, within the areas unless otherwise specified. The Contractor shall be entitled to additional compensation for this added work. This compensation will be negotiated per standards set forth in Section III.D (Additional Work).

U. MAINTENANCE INSPECTIONS
The Contractor shall:

1. Weekly perform a maintenance inspection during daylight hours of all facilities within the areas. Such inspection shall be both visual and operational. The operational inspection shall include the verifying operation of all irrigation and other mechanical systems to check for proper operational condition and reliability.

2. The City may request monthly meetings on-site for a walk-through inspection of areas. Said meeting shall be at the convenience of the City and may include residents of the community.

The City shall notify the appropriate local representatives of the time and place of each walkthrough inspection at least one (1) week before such inspection. In addition, interim inspections may be made by the City. The Contractor will be provided with a written notice including specified time frames to correct any deficiencies identified in the performance of this

Agreement. It should be noted that a leaking valve must be repaired within twenty-four (24) hours following verbal and/or written notification.

V. NATURAL AREAS MAINTENANCE
Natural areas are open space areas that have minimal usage due to the sloping character of the land and the rugged landscape materials that are native to the land. The Contractor will provide periodic maintenance consisting of debris and litter removal only as directed by the City. ‘

EXHIBIT B

SCHEDULE OF COMPENSATION

Group #3 Median Maintenance

EXHIBIT C

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

Minimum Scope and Limits of Insurance
Contractor shall maintain limits no less than:
 $2,000,000 General Liability (including operations, products and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01. General liability policies shall be endorsed using ISO forms CG 20 10 and CG 20 37 to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies.
 $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies.
 Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Contractor 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 Pollution Liability per claim. Coverage shall be provided on a Contractor’s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, or gradual pollution and remediation. Such insurance shall also include but shall not be limited to any coverage required to meet all State and Federal requirements relating to the removal, transfer, use, or other activity involving hazardous or contaminated materials. The City, its officials, officers, agents, and employees shall be included insureds under the policy.

Maintenance of Coverage
Contractor 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 Contractor, his agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.

Proof of Insurance
Contractor 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 Contractor, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Contractor 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)
Contractor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Contractor 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 Contractor maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Contractor.

Notice of Cancellation
Contractor 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. SelfPage 33 of 34 insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.

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

Additional Insurance
Contractor 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.

ATTACHMENT 
Maps of Landscape Maintenance Service Areas
Group #1 – Downtown Maintenance
Map #1 – Downtown District
1 $6WUHHWWR6(6WUHHWDQG(WK6WUHHWWR(WK6WUHHW RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 1 of 41 Group #2 – Non-Median Maintenance
Map #2 – City Hall
205 W. 4th Street
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 2 of 41 Map # – Corporation Yard
1030 S. Gateway Drive
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 3 of 41 Map # – Frank Bergon Senior Center
238 S. D Street
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 4 of 41 Map # – Westside Activity Center & Rotary Youth Hut
1124 E. Yosemite Ave. & 113 S. Q Street
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 5 of 41 Map # – Kennedy Pond
%HWZHHQ$GDQDF:D\DQG.HQQHG\6WUHHW
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 6 of 41 Map # – Mexican-American Activity Center
716 Columbia Street
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 7 of 41 Map # – Cleveland Linear
South side of Cleveland from Granada west to Glade
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 8 of 41 Map #
– Granada Linear
West side of Granada from Cleveland to Foxglove (Excluding Veterans Hall) RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 9 of 41 Map #1 – Police Station
330 South C Street
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 10 of 41 MBQ   +PIO 8FMMT :PVUI CFOUFS
 &ast tI Street
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 11 of 41 MBQ   TJCVSPO 8BZ
)aNpton %rive to )iMMsCoro Ave
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 12 of 41 Map #1 – 0DGHUD0XQLFLSDO$LUSRUW
$YLDWLRQDULYH
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 13 of 41 Group #3 – Median Maintenance
Map #1 – Yosemite Avenue Islands
Median islandV on Yosemite $YHfrom Gateway DUwest to Howard 5G RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 14 of 41 Map #1 – Gateway Drive
Islands & Park Strips – Cleveland $YHto Fresno River
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 15 of 41 0DS+RZDUG5RDG
,VODQGV 3DUN6WULSV-6FKQRRU$YHWRZHVWRI$XWXPQ5G RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 16 of 41 Map #1 – West Cleveland Islands
West from Schnoor $YHto Granada DU
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 17 of 41 Map # 1 – Hopy Island
Cypress 6WUHHWand :2OLYH$YH
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 18 of 41 Map #1
– Sunrise Island
Sunrise$YH & Lake Street
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 19 of 41 Map #2 – Barsotti Islands
Park Lane, Park Drive, Park South, North Park
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 20 of 41 Map #2 – Mainberry Islands
Mainberry DUDQG:UG6WUHHWand Westgate DU
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 21 of 41 Map #22 – West Park
: 3DUNDULYH
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 22 of 41 Map #2 – Terrace Place
Terrace Place Island north of Central $YH
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 23 of 41 Map #2 – Ren Way Island
Ren :ay Cul-de-sacRII*UDQDGDDULYH
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 24 of 41 Map #2 – Riverview Strip
Riverview DUHast and Zest of Granada DU
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 25 of 41 Map #2 – Gateway Tree Planter
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 26 of 41 East and West Side of Gateway Drive, Fresno River to Olive Avenue Map #2 – Roosevelt Planter Boxes
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 27 of 41 Roosevelt and 13th
Map #2 – Kennedy Wall
.HQQHG\6W$YH1(DVWRI.HQQHG\3RQG -HULFKRDU
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 28 of 41 Map #2
– Olive Avenue Islands
Olive Ave, Yosemite $YHto Hwy 145
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 29 of 41 Map # – East Cleveland Islands
Cleveland Ave, Gateway Drive to Tozer 5G
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 30 of 41 Map # – Avenue 17 / Airport Median
Avenue 17 West of Airport Drive
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 31 of 41 Map #32 – Yosemite/Tozer (Crossroads)
Tozer Avenue South of Yosemite $YH
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 32 of 41 MBQ 33  CMFWFMBOE CFOUFS MFEJBOT
$MeveMand isMands froN 8estCerrZ #Md to (ranada %rive
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 33 of 41 Map #3 – Industrial / Schnoor
,QGXVWULDO $YHIURP*UDQDGDDUWR6FKQRRU $YH
6FKQRRU
$YHIURP+RZDUG5RDGWR,QGXVWULDO $YH
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 34 of 41 Map #3 – Lake Street
Lake Street from Cleveland Avenue to Ellis Street
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 35 of 41 Map #3 – Avenue 13 Median Island – Parkwood
Avenue 1PHdian LslandV in front of Parkwood School
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 36 of 41 Map # 3 – Avenue 13 Median Island – Valero
Avenue 13Zest of Hwy 145 in front of Valero Station
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 37 of 41 Map #3 – Sunset Wall
Sunset $YHHast of Schnoor Avenue
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 38 of 41 Map #
– Madera South High School Medians
Avenue 13 (Pecan $YH) between Stadium 5Gand Pine 6WUHHW RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 39 of 41 Map # – 4th Street Medians
4th Street between Lake 6Wand Sunset $YH
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 40 of 41 MBQ   ADDPSOFSP MFEJBOT
/ationaM AvenVe to SVnset AvenVe
RFP 202425-15 Professional Landscape Maintenance Services Attachment 2, Maps of Landscape Maintenance Areas, Page 41 of 41 ATTACHMENT 3
Resolution Amending the City’s Fiscal Year 2024/25 Adopted Budget for $5,790 RESOLUTION NO. 25-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA AMENDING THE CITY’S FISCAL YEAR 2024/25
ADOPTED BUDGET FOR $5,790
WHEREAS, the City Council previously adopted a City-wide Budget for the 2024/25 Fiscal Year; and
WHEREAS, staff have prepared a Contractor Services Agreement with EMTS Inc, dba Elite Maintenance & Tree Services, for Professional Landscape Maintenance Services in the amount of $294,457.56; and
WHEREAS, the agreement is effective May 22, 2025; and
WHEREAS, the budget amendment to the City-wide Budget for the 2024/25 Fiscal Year, listed in Exhibit A, attached hereto, is necessary to account for the additional expenditure necessary to cover service costs through June 30, 2025.

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

1. The above recitals are true and correct.

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

3. A signed copy of this Resolution shall be placed on file in the office of the Director of Financial Services, who shall prepare the necessary entries to reflect budget changes identified in the City's accounting system.

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

EXHIBIT A

CITY OF MADERA
Budget Appropriations: Res. 25-_______
FUND ORG OBJECTDESCRIPTION (+) (-)
General Fund 10201200 4900 Budgetary Carryover $5,632
General Fund 10206100 6440 Contracted Services $1,738
General Fund 10206120 6440 Contracted Services 3,894
Total $5,632 $5,632
Parking District Operations 41400000 4900 Budgetary Carryover $158 Parking District Operations 41400000 6440 Contracted Services $158 Total $158 $158

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 7, 2025
Agenda Number: D-2
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Rejection of bids received for the Invitation for Bids (IFB) 202425-22 James Taubert Park Construction
RECOMMENDATION:

Accept a Resolution rejecting all bids received for IFB 202425-22 for the construction of James Taubert Park
SUMMARY:

On February 26, 2025, the City released IFB 202425-22 for James Taubert Park (JTP) Construction.

Bids were due by March 26, 2025.

The City received six (6) bids, all of which far exceeded the available project budget. Thus, staff recommends that the Council reject all bids. Staff will revise the project plans, specifications, and probable cost estimate to rebid this project.

DISCUSSION:

The City was awarded $1,990,000 for constructing a new park on the vacant lot at southwest intersection of East Olive Ave. and Knox St. Funding specifically comes from Proposition 68, State of California – The Natural Resources Agency, Department of Parks and Recreation, Statewide Park Development and Community Revitalization Program of 2018 Round 4 funding. The grant performance for this project is from July 1, 2020, through June 30, 2028. Park completion must be at least three months before the end of the grant performance period.

To date, the City has contracted a design firm to assist with the engineering and design services for the preparation of project plans, specifications, probable costs, and bid descriptions. On July 20, 2022, the City awarded Request for Qualifications 202122-15 to O’Dell Engineering (ODELL) in the amount of $238,013. ODELL has since supported the City in developing the park design, staying aligned with grant objectives.

On February 26, 2025, the City released IFB 202425-22 for JTP Construction. The IFB requested bids from qualified contractors for the construction of the new park. The scope of work included, but was not limited to:
 Demolition and Site Preparation
 Providing Site Amenities & Features
 Site Utilities
 Concrete
 Playground Equipment & Installation
 Surfacing
 Shade Structures
 Planting & Irrigation
 Drainage
The engineer’s opinion of the cost for this project was estimated at $1,688,924.

Bids were due by March 26, 2025, and six bids were received. Table 1 shows an overview of the bids received and the amount of each bid.

Table 1: Park Construction Bids Received and Bid Amount Bidder Amount of Bid
Cal Valley Construction, Inc. $1,874,114.38
Caliber Contracting Services, Inc. $1,924,000.00
Taylor Backhoe Service, Inc. $1,987,705.28
Clean Cut Landscape Incorporated $1,992,413.70
Harris Development Corp. dba HBC Enterprises $2,169,878.55 American Paving Co. $2,280,070.60
Engineer’s Estimate $1,688,924.00
Under Public Contract Code (PCC) 22038, the City is allowed to reject all bids, with the requirement that the City furnish a written notice to the apparent low bidder at least two days before Council action. Purchasing issued such notice to Cal Valley Construction, Inc. on April 23, 2025. Under PCC 22038, the City has the following options:

1. Abandoning the project or re-advertising for bids.

2. By passage of a resolution by a four-fifths vote of its governing body declaring that the project can be performed more economically by the employees of the public agency may have the project done by force account without further complying with this article.

It is noted that the City’s bid documents also state that the City reserves the right to reject or accept any or all bids for any reason. The City cannot perform the project internally.

Due to budget constraints, staff request authorization to reject all bids received. Staff is working on re-assessing the design plans, features & amenities, materials, and other factors that may impact receiving bids at a lower amount. Staff are working diligently with O’DELL to have the project out for rebid, anticipating doing so in the next 30-60 days.

FINANCIAL IMPACT:

The recommendation to reject bids received comes after a budgetary review of available grant funding for the project. As previously mentioned, the City was awarded $1,990,000 towards the completion of this project. The City has spent/encumbered a total of $247,061.94 to date. This leaves an available balance of $1,742,938.06. Table 2 shows a breakdown of expenditures to date.

Table 2: James Taubert Park Project Funding
Expenditure/Encumbered Description Total
O’Dell Engineering for Design Services $238,013.00
O’Dell Change Order No. 1 $2,000.00
Site Utilities Application – PG&E $6,465.47
Site Signage for Groundbreaking Event $583.47
Total Spent/Encumbered $247,061.94
Grant Total $1,990,000
Grant Balance Available $1,742,938.06
With the apparent lowest bid coming in at $1,874,114.38 total, this would require at a minimum an additional $131,177 above the grant total to move forward. This would not account for additional contingencies that may arise it the course of the project. For this reason, staff is recommending rejecting all bids received. With the grant performance period still allowing for time to complete the project, staff will work diligently in revising the scope of work, while staying within grant objectives, to rebid the project, with the intent to lower the project cost so as to not require additional funding beyond the grant award of $1,990,000.

ALTERNATIVES:

As an alternative, Council may deny the request to reject the bids received and award IFB 202425- 22 to the lowest, apparent bidder. At this point, the lowest apparent bidder is Cal Valley Construction, Inc., at the bid amount of $1,874,114.38.

ATTACHMENTS:

1. Resolution rejecting all bids received for IFB 202425-22 for the construction of James Taubert Park

2. Notice of Bid Rejection
ATTACHMENT 1:

Resolution rejecting all bids received for IFB 202425-22 for the construction of James Taubert Park RESOLUTION NO. 25 - _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA REJECTING ALL BIDS FOR CITY OF MADERA IFB 202425-22

JAMES TAUBERT PARK CONSTRUCTION
WHEREAS, the City of Madera(“City”) was awarded grant funds from the from the State of California for the construction of a new park, James Taubert Park; and WHEREAS, bid documents entitled City of Madera IFB 202425-22 James Taubert Park Construction were prepared and advertised as required by the California Public Contracts Code; and
WHEREAS, the apparently lowest bid received was for $1,871,114.38, which is greater than the grant funding available for the City Council to award a construction contract per City Council resolution; and
WHEREAS, under the California Public Contracts Code and Municipal Code, the Council may in lieu of awarding reject all bids and abandon the project, readvertise the project, or have the project performed by City staff; and
WHEREAS, staff are recommending that the City Council reject all bids received for IFB 202425-22 James Taubert Park Construction and have the project scope revised to have the project rebid.

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 of the City of Madera rejects all bids received for the City of Madera IFB 202425-22 James Taubert Park Construction.

3. The City Council directs the staff of the City of Madera to rebid the project.

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

Notice of Bid Rejection
City of Madera Purchasing Division, 205 East 4th Street, Madera, CA 93637 PHONE: (559) 661-5463 • www.madera.gov
April 23, 2025
Mark A. Curfman
Cal Valley Construction, Inc.
5125 North Gates Avenue, Suite 102
Fresno, CA 93722
SUBJECT: Rejection of Bids, IFB 202425-22 James Taubert Park Construction Dear Mr. Curfman:

The City has reviewed the bids received on March 31, 2025, in response to Invitation for Bids (IFB) 202425-22 for the James Taubert Park Construction project. After careful consideration, the City has decided to reject all bids.

This decision has been made in order to revise the scope of work and readvertise the project at a later date. All bid bonds submitted with the original bids will be returned to the respective bidders.

We appreciate your interest in working with the City and encourage you to submit a bid when the revised solicitation is issued.

Sincerely,
Jennifer Stickman
Procurement Services Manager
Cc: Arnoldo Rodriguez, City of Madera, City Manager
Mike Lima, City of Madera, Director of Financial Services Joseph Hebert, City of Madera, Director of Parks & Community Services Gabriela Salazar, City of Madera, Administrative Analyst

REPORT TO CITY COUNCIL
Council Meeting of: May 7, 2025
Agenda Number: ___________
Keith Helmuth, Department Director
Arnoldo Rodriguez, City Manager
SUBJECT:

Madera Subbasin Joint Groundwater Sustainability Plan Five-Year Evaluation and Update Cost Sharing Memorandum of Understanding
RECOMMENDATION:

Approve a Resolution Approving Madera Subbasin Joint Groundwater Sustainability Plan FiveYear Evaluation and Update Cost Sharing Memorandum of Understanding SUMMARY:

As part of the City Council (Council) meeting of June 5, 2024, Council provided amended direction from the April 3, 2024 Council meeting relative to participation in the cost of preparing the Madera Subbasin Joint Groundwater Sustainability Plan Five-Year Evaluation and Update Cost Sharing Memorandum of Understanding (MOU) as well as in the domestic water well mitigation program. The need for amended direction was in response to a request from the County of Madera (County) following the April 3, 2024 Council meeting that all four GSAs participate in the Five-Year Evaluation and Update (Update) cost according to only one single formula.

DISCUSSION:

As part of the June 5, 2024 Council meeting, Council indicated that it would agree to a maximum participation of $95,472.75 towards the Update. This contribution was based on a cost estimate provided by the Update consultant for all tasks along with a recommended assignment to the participating Groundwater Sustainability Agencies (GSAs). That estimate is reproduced from the June 5th meeting as Table 1.

Approved by:

Groundwater Sustainability Agency
D-3
Table 1: GSA Cost Summary
Task Total
Task Cost
Agency
MID City Madera
Water
District
County
Task 1 - Project
Management and
Coordination
$19,220 Equal
$4,805
Equal
$4,805
Equal
$4,805
Equal
$4,805
Task 2 - Project
Technical Meetings and
Outreach
$84,093 Equal
$21,023.25
Equal
$21,023.25
Equal
$21,023.25
Equal
$21,023.25
Task 3 – Planning and
Coordination
$50,498 Equal
$12,624.50
Equal
$12,624.50
Equal
$12,624.50
Equal
$12,624.50
Task 4 – Evaluate and
Update GSP
Implementation
Progress
$96,580 20%
$19,316
20%
$19,316
20%
$19,316
40%
$38,632
Task 5 – Reevaluate
and Revise GSP
Contents
$133,504 20%
$26,700.80
20%
$26,700.80
20%
$26,700.80
40%
$53,401.60
Task 6 – Prepare and
Submit the Periodic
Evaluation and
Updated GSP
$55,016 20%
$11,003.20
20%
$11,003.20
20%
$11,003.20
40%
$22,006.40
Total $438,911 $95,472.75 $95,472.75 $95,472.75 $152,492.75 The Update was completed and submitted to the Department of Water Resources (DWR) on January 31, 2025. The comment period ended on April 20,2025.

Staff is aware three comment letters received. The County determined that it should wait until all costs were known before preparing the MOU for signature. Because actual costs of the Update were found to be below the initial estimates, the MOU was forwarded to the GSAs for signature. The actual cost assignment to the City based on invoices from the Update consultant is $94,378.56.

FINANCIAL IMPACT:

It is not anticipated there will be an impact to the City’s General Fund. Cost impacts associated with the Update are associated with the Water Fund.

ALTERNATIVES:

This report currently seeks input based on various alternatives included within the report itself.

Staff is grateful for any other alternatives Council may present.

ATTACHMENTS:

1. Resolution
Exhibit A – Memorandum of Understanding with Respect to the Cost Sharing for Water Year 2024 Madera Subbasin GSP Annual Reports
Attachment 1
Resolution
RESOLUTION NO. 25-

A RESOLUTION OF THE CITY OF MADERA AND THE CITY OF MADERA,

GROUNDWATER SUSTAINABILITY AGENCY BOARD APPROVING THE
MADERA SUBBASIN JOINT GROUNDWATER SUTAINABILITY PLAN FIVEYEAR EVALUATION AND UPDATE COST SHARING MEMORANDUM OF

UNDERSTANDINGS
WHEREAS, the California Legislature passed a statewide framework for sustainable groundwater management, known as the Sustainable Groundwater Management Act (“SGMA”), in California Water Code §10720 et seq., pursuant to Senate Bill 1168, Senate Bill 1319, and Assembly Bill 1739, which was approved by the Governor and Chaptered by the Secretary of State on September 16, 2014; and
WHEREAS, SGMA requires that each groundwater basin be managed by a Groundwater Sustainability Agency (“GSA”), or multiple GSAs, and that such management be pursuant to an approved Groundwater Sustainability Plan (“GSP”), or multiple GSPs; and WHEREAS, each of the parties is a GSA within its territorial boundaries; and WHEREAS, the County of Madera, the City of Madera, MID, MWD, Root Creek, Gravelly Ford, and New Stone (collectively hereinafter “Madera Subbasin GSAs”) comprise the totality of GSAs for the Madera Groundwater Subbasin (“Madera Subbasin”), as its boundaries are recognized by California’s Department of Water Resources (“DWR”), and may be modified from time to time in accordance with Water Code section 10722.2; and WHEREAS, in the Madera Subbasin, the County of Madera, the City of Madera, MID, and MWD have jointly prepared the Madera Subbasin Joint GSP; and WHEREAS, the Parties desire to enter into a cost sharing agreement with respect to development of the Madera Subbasin GSP five-year update consistent with the requirements of the Sustainable Groundwater Management Act (“SGMA”), GSP regulations, and applicable guidance from DWR (the “Project”), whereby costs are allocated based on the effort estimated separately for each of the GSAs; and
WHEREAS, funding is available in the Water Utility Fund, 20303800-6440.

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

1. The above recitals are true and correct.

2. The Agreement entitled “Madera Subbasin Joint Groundwater Sustainability Plan Five-Year Evaluation and Update Cost Sharing Memorandum of Understanding” is approved and attached as Exhibit “A.” A copy of the Agreement shall be kept on file in the office of the City Clerk.

3. The Mayor is authorized to execute the Agreement.

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

EXHIBIT A

MADERA SUBBASIN GROUNDWATER SUSTAINABILITY PLAN FIVE-YEAR

EVALUATION AND UPDATE COST SHARING

MEMORANDUM OF UNDERSTANDING

THIS MADERA SUBBASIN GROUNDWATER SUSTAINABILITY PLAN
(“GSP”) FIVE-YEAR EVALUATION AND UPDATE COST SHARING MEMORANDUM OF UNDERSTANDING (“MOU”) is entered into this _____ day of _____________ 2025 (the “Effective Date”), by and between the COUNTY OF MADERA (“COUNTY”), the CITY OF MADERA (“CITY”), the MADERA IRRIGATION DISTRICT (“MID”), and the MADERA WATER DISTRICT (“MWD”), collectively hereinafter referred to as the “Parties,” or individually as a “Party.”

RECITALS
A. Each Party overlies the Madera Groundwater Subbasin, which is defined by the California Department of Water Resources in Bulletin 118 as Basin Number 5-22.06.

B. On April 16, 2024, the COUNTY entered into an agreement with David Engineering’s Inc. (“CONSULTANT”) for a Madera Subbasin Joint GSP Five-Year Evaluation and Update.

C. CONSULTANT services were estimated to cost Four Hundred Thirty-Eight Thousand Nine Hundred Eleven Dollars and Zero Centz ($438,911.00), but which ultimately only cost Three Hundred Eight-Nine Thousand Two Hundred Twenty-Six Dollars and Nineteen Cents ($389,262.19), which is most appropriately split between the Parties overlying the Madera Subbasin.

D. On April 1, 2025, the County Groundwater Sustainability Agency committee reviewed and agreed with this MOU.
//

NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions contained herein and these Recitals, which are hereby incorporated herein by this reference, it is agreed by and among the Parties as follows:

1. COST SHARING BETWEEN THE PARTIES. The Parties agree to allocate the CONSULTANT costs arising from the CONSULTANT’s work under the Agreement as set forth in the attached Exhibit “A.”

2. PAYMENT BY THE PARTIES. Upon execution by all Parties to this Agreement, the COUNTY will send invoices to each Party for payment against each Party’s cost share. Upon receipt of an invoice from the COUNTY, each Party agrees to pay the invoice on a timely basis, within thirty (30) days.

3. COUNTY’S OBLIGATION TO MANAGE THE CONSULTANT
AGREEMENT. The COUNTY shall have the responsibility to manage the work of the CONSULTANT under the Agreement and to provide the Parties with periodic updates about the status of the CONSULTANT’s work. The COUNTY shall retain all records, including billing records, arising from the Agreement to share with all Parties, upon request.

4. NOTICES. All notices required or permitted by this Agreement shall be in writing, and may be delivered in person (by hand or by courier) or may be sent by regular, certified, or registered mail or United States Postal Service Express Mail, with postage prepaid, or by facsimile transmission, or by electronic transmission (email) and shall be deemed sufficiently given if served in a manner specified in section 5 below. The addresses and addressees noted below are that Party’s designated address and addressee for delivery or mailing of notices.

COUNTY
County of Madera
Stephanie Anagnoson
200 W. 4th Street, 4th Floor
Madera, CA 93637
CITY
City of Madera
Keith Helmuth
205 West 4th Street
Madera, CA 93637
MID
Madera Irrigation District
Thomas Greci, Manager
12152 Road 28 1/4
Madera, CA 93637
MWD
Madera Water District
John Gies, Manager
16943 Road 26, Suite 103
Madera, CA 93638
Any Party may, by written notice to each of the other Parties, specify a different address for notice. Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, three (3) days after the postmark date. If sent by regular mail, the notice shall be deemed given forty-eight (48) hours after it is addressed as required in this section and mailed with postage prepaid. Notices delivered by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed given twenty-four (24) hours after delivery to the Postal Service or overnight courier. Notices transmitted by facsimile transmission or similar means (including email) shall be deemed delivered upon telephone or similar confirmation of delivery (conformation report from fax machine is sufficient), provided a copy is also delivered via personal delivery or mail. If notice is received after 4:00 p.m. or on a Saturday, Sunday, or legal holiday, it shall be deemed received on the next business day.
//
//
//

5. GENERAL PROVISIONS.

5.01 Authority of Signers. The individuals executing this MOU represent and warrant they have the authority to execute this MOU and to legally bind the Party for whom they are signing to the terms and conditions of this MOU.

5.02 Governing Law/Venue. The validity and interpretation of this MOU will be governed by the laws of the State of California without giving effect to the principles of conflict of laws, with venue for all purposes to be proper only in the County of Madera, State of California

5.03 Severability. If any term, provision, covenant, or condition of this MOU is determined to be unenforceable by a court of competent jurisdiction, it is the Parties’ intent that the remaining provisions of this MOU will remain in full force and effect and will not be affected, impaired, or invalidated by such a determination.

5.04 Counterparts. This MOU may be executed in any number of counterparts, each of which will be an original, but all of which will constitute one and the same agreement.

5.05 Construction and Interpretation. This MOU has been arrived at through negotiation and each of the Parties has had a full and fair opportunity to revise the terms of this MOU. As a result, the normal rule of construction that any ambiguities are to be resolved against the drafting Parties shall not apply in the construction or interpretation of this MOU.

5.06 Headings. The subject headings of the sections of this MOU are included for purposes of convenience and shall not affect the interpretation of any of the provisions herein.

5.07 Entire Agreement. This MOU constitutes the entire agreement among the Parties with respect to the matters addressed in this MOU, and supersedes all prior agreements and understandings, written or oral.

5.08 No Independent Right. This MOU does not create any independent contractual right in any party to bring any action or proceeding against any other party based upon or asserting a claim that the party has failed to comply with a legal obligation imposed upon the party by law under the Sustainable Groundwater Management Act, nor does it eliminate any right of action existing under law in any Party independent of the provisions of this MOU.
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IN WITNESS WHEREOF the foregoing MOU is executed on the date and year first above-written.

ATTEST:
_______________________________
Clerk, Board of Supervisors
Approved as to Legal Form:

COUNTY COUNSEL
By: ____________________________

ACCOUNT NUMBER(S)
_______________________________
_______________________________
1246-40\AGT\4902-9707-5247.PDF

COUNTY OF MADERA
_______________________________
Chair, Board of Supervisors

MADERA IRRIGATION DISTRICT
By: ____________________________
(Signature)
____________________________ (Print Name)
Title: ___________________________

CITY OF MADERA
By: ____________________________
(Signature)
____________________________ (Print Name)
Title: ___________________________

MADERA WATER DISTRICT
By: ____________________________
(Signature)
____________________________ (Print Name)
Title: ___________________________

EXHIBIT A
Total Costs by GSA
Madera Subbasin Joint GSP - Five-Year Evaluation and Updates Total Costs by GSA
Madera County $ 100,077.51
City of Madera $ 94,378.56
Madera Irrigation District $ 100,240.81
Madera Water District $ 94,565.31

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 7, 2025
Agenda Number: E-1
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Parks & Community Services Department Fiscal Year 2024/25 Quarter 3 Recap RECOMMENDATION:

This report is submitted to provide the City Council with an informational report on the status of the Parks & Community Services (PCS) Department Fiscal Year 2024/25 Quarter 3 Recap SUMMARY:

Staff is providing an update on Fiscal Year 2024/25 Quarter 3 (January 2025 – March 2025) accomplishments, progress, and ongoing efforts of the PCS Department. This informational update covers all divisions within the PCS Department.

DISCUSSION:

The PCS Department delivers a wide range of direct services to the public and is divided into three major operational divisions: Administration, Recreation & Community Services, and Parks Maintenance. Together, these divisions provide high-quality recreational pursuits, preservation of parks and open space areas, entertainment, and leisure services to community members of all ages.

During Quarter 3 of Fiscal Year 2024/25, staff are pleased to share the following highlights of accomplishments and progress work, presented in no particular order:

Administration
 Hosted a ribbon cutting for the grand opening of the newest playground at Sunrise Rotary Sports Complex. The event was hosted on Saturday, February 1, 2025. Council accepted a Notice of Completion on March 19, 2025.
 Prepared FY 2025/2026 budget projections for each division of the Parks & Community Services, grant-related funded projects, and capital improvement projects. This also included doing end-of-year projections estimating expenditure through June 30, 2025.  Prepared and finalized Invitation for Bid No. 202425-22 for the construction of Taubert Park. Released February 26, 2025.
 Prepared and finalized Request for Proposal No. 202425-15 for Professional Landscape Maintenance Services. Released February 19, 2025.
 Submitted the Outdoor Recreation Legacy Partnerships Program (ORLP) grant, requesting a total of $2,512,500 in match funding towards the Sunrise Rotary Sports Complex (SRSC) Expansion. The grant application proposed the conversion of the vacant lot at the corner of Tozer Street and Clinton Street, part of the SRSC, being developed into artificial turf soccer fields, plus additional amenities, including a loop trail, exercise equipment, shaded picnic area, fencing, landscaping, and paved parking lots. The grant was due March 11, 2025.
 Submitted a Progress Status Report to the State of California summarizing work completed for the Lions Town & Country Park Restroom Renovation project. This project is in the last phase of construction, with accessibility factors being addressed to meet compliance. This report was due March 26, 2025.
 Submitted a Progress Status Report to the State of California summarizing work completed for the James Taubert Park project. This report was due March 15, 2025.  Executed the Construction Agreement for the Frank Bergon Senior Center fence installation project being awarded to Juarez Brothers General Engineering, Inc. for $137,622.76. Council approved on February 5, 2025.
 Executed the Construction Agreement for the Thaddeus Sran Playground at Centennial Park repairs and replacement due to arson, being awarded to Dave Bang Associated, Inc of California for $202,600.25. Council approved February 5, 2025.  Executed a California Conservation Corps Sponsor Agreement through June 30, 2025, for the Performance of fire crews in the Fresno River for fuel reduction. Council approved March 5, 2025.

Parks Maintenance
 There have been two (2) new sets of goal posts installed at Sunrise Rotary Sports Complex. These goal posts replace goal posts that have outlived their usefulness.  A total of three (3) staff members received CPR training and successfully received their certification.
 Staff responded to multiple residential complaints, including around Crystal Way regarding a tree issue. Residents expressed great feedback after issue was addressed.  Directed and oversaw work by the City’s contractor of citywide tree service agency, West Coast Arborists (WCA), as they completed tree pruning at the northwest corner of the Lions Town & Country Park.
 Staff received in-person ballfield and turf training by SiteOne Landscape, to better maintain City fields.
 Staff responded to multiple graffiti incidents across parks, trails, and recreational spaces, especially along the Vernon McCullough River Trail, where staff have seen the trash receptacles along the trail vandalized on multiple occasions.

Recreation
 The Recreation division has executed a CalFresh Healthy Living Program agreement with the Madera County Department of Public Health to carry out programming promoting wellness, creativity, and early childhood development. The agreement was approved by the Council on January 15, 2025. This partnership includes the City facilitating several programs, including:
 Whip it Up Wednesday – A hands-on cooking class teaching basic nutrition and healthy, affordable recipes.
 Karate With Me – A beginner-friendly martial arts program focusing on discipline, fitness, and fun.
 Toddler Time – A parent-child interactive play group that includes music, movement, storytelling, and developmental activities.
 Over 958 duplicated youth attended the John Wells Youth Center.  Over 797 duplicated youth attended the Pan American Center.  Youth participated in basketball, volleyball, open gym access, and arts & crafts-related activities at both centers.

Aquatics
 The Centennial Park Pool Complex is set to open June 9, 2025.  In preparation for the upcoming aquatics season, staff have begun planning for the hiring and programming to make the season successful. This has included:
 Planning and submitting documentation requesting the hiring of Lifeguard personnel.
 Release of recruitment advertisement.
 Interviews of candidates and preparation of documentation to hire qualified individuals.
 Planning training and certification courses for Lifeguards.  Planning and preparing the aquatics related programming and schedule that includes swimming lessons, open swim, rentals, and various other classes. The community can now register for classes or rentals via the City’s ActiveNet portal, at the following link: www.madera.gov/register
Aging Services
 Programming that occurred in Quarter 3 of Fiscal Year 2024/25 includes:
 Tai Chi  Weekly Day Trips  Games/Bingo
 Tech Class  Karaoke  Bailoterapia
 Pickleball Class  Knit n Knots  Passport Travel
 Chair Yoga  Arts & Crafts
 The Pan-American Center was open for programming Monday through Friday from 9 am through 2 pm.
 During January, 1,616 duplicated participants visited the center.  During February, 1,631 duplicated participants visited the center.  During March, 1,636 duplicated participants visited the center.  The Frank Bergon Senior Center (FBSC) was open for programming on Tuesday, Wednesday, and Thursday from 9 am through 2 pm.
 During January, 430 duplicate participants visited the center.  During February, 426 duplicated participants visited the center.  During March, 505 duplicated participants visited the center.  Special events related to Aging Services included:
 A New Year’s Dinner Dance was hosted on January 10, 2025.  Wellness Clinics at both centers, hosted by the Madera County Public Health Department, on January 21, 2025, and January 23, 2025.
 A Valentine's Dinner Dance was hosted on February 7, 2025.  A Spring Dinner Dance was hosted on March 14, 2025.
 The Living Center staff from San Diego State University hosted the Local Aging and Disability Action Plan on March 19, 2025.

Sports
 Youth sports programming from January – March has included:
 Youth Coed Basketball, with 17 total games and 174 players. Champions were crowned and a perpetual trophy is being displayed at the John Wells Youth Center.  Tiny Tikes Basketball, with 34 participants.
 Tiny Tikes Multi-Sport, with 31 participants.
 Adaptive Sports Camp, with 32 participants. This was a free introductory program that has received positive community feedback. This programming will be added to the sports calendar programming in the summer.
 Middle School Basketball, with 4 total teams and 31 players. This was a new program and the league is running smoothly.
 Adult sports programming from January – March has included:
 Adult Softball, with 14 total teams.
 Adult Basketball, with 16 total teams.
 Adult Open Gym Volleyball, with over 340 duplicated players.  Staff have also been working to finalize several memorandums of understanding with the baseball and soccer leagues that utilize the City’s fields and parks. These agreements will help memorialize responsibilities.
 New programs coming soon:
 Adult Volleyball League
 Summer Adaptive Sports Camp
 Pitch Hit & Run, coming May 4, 2025
 Goals for the Sports division include making better use of social media to promote and advertise sports programming. As well as hosting the Youth Sports Fair, which will be an informational fair to share what the City offers in youth sports, with groups that provide youth sports being invited. No date is currently set, as this event is in the early stages of planning.

Community & Recreation Centers (Facilities)
 Utilization of the Frank Bergon Senior Center
 4 recorded rentals during January – March 2025.
 The Master Gardeners hosted their annual tea party at the Frank Bergon Senior Center on January 25, 2025.
 Utilization of the John Wells Youth Center
 7 recorded rentals during January – March 2025.
 Madera Unified School District held its annual Battle of the Books event on March 27, 2025. Approximately 200 people were in attendance.
 Utilization of the Pan-American Center
 8 recorded rentals during January – March 2025.
 A “Know Your Rights” town hall meeting was held at the Pan-American Center on January 29, 2025. The event was hosted by the Madera Coalition for Community Justice.
 Utilization of the Youth Hut
 2 recorded rentals during January – March 2025.

Special Events
 The Spring Swing golf tournament was held on March 22, 2025. The event was successful with 74 golfers registering.
 On March 22, 2025, a Fishing Derby was held. The event welcomed over 250 participants, including families and children, making it one of the largest turnouts. The Fishing Derby is a family-friendly community fishing competition designed to introduce youth to outdoor recreation, fishing skills, and sportsmanship. Dozens of kids caught their first fish ever! FINANCIAL IMPACT:

The preparation and presentation of this informational report does not result in any significant financial impact. While there are costs associated with the organization and execution of the community events referenced in this report, these expenses have been accounted for in the City's Fiscal Year 2024/25 budget. All activities and events were planned in alignment with the City's financial resources and were incorporated into the approved budget to ensure fiscal responsibility. As such, no additional appropriations or adjustments to the current budget are necessary at this time.

ALTERNATIVES:

This report is for informational purposes only and no formal action is being requested.

ATTACHMENTS:

No attachments.

Madera City Council Meeting
May 7, 2025
Agenda Item E-2
E-2 Select Recipient for the Proclamations in the Month of June Recommendation: Request for Council’s Selection of a
Recipient for the Proclamation Recognizing
Pride Month and a Proclamation
Recognizing Juneteenth Day (Report by
Alicia Gonzales)
There is no written report for this item.

Madera City Council
Meeting May 7, 2025
Agenda Item E-3
E-3 Informational Report on the Madera Metro Transit System Recommendation: This report is submitted for informational purposes only and there is no action
requested from the City Council (Report by
Michael Lima)
There is no written report for this item.