Agenda packet — Madera City Council, October 15, 2025 (part 2 of 2)

Community Action Partnership of Madera County
Head Start
Facilities Use Application

1. FACILITY USER, please complete the attached Facilities Use Application;

2. Submit completed application, and all other required documentation, to:

Community Action Partnership of Madera County
Jissel Rodriguez, Executive Administrative
Assistant
1225 Gill Ave
Madera, CA 93637
Email: [email protected]
Phone: (559) 507-8021 Fax: (559) 661-8459

3. Application will be reviewed for availability and fees will be calculated.

4. Purchase Order/Check must be issued in order to secure the venue. Facility is not reserved until completed application, purchase order/check, and certificate of insurance are received by CAPMC Head Start, at least 14 business days prior to the event.

5. Insurance Certificate must be provided 14 business days in advance of occupancy.

6. Prior to use, Operations staff will conduct a “Facility Pre-Use/After Use Inspection” with the FACILITY USER during normal business hours.

7. After use of facility, Operations staff will conduct a “Facility Pre-Use/After Use Inspection” with the FACILITY USER during normal business hours, immediately following the event.

8. An invoice will be sent to the contact listed in the application immediately following the event.

If any other equipment or support is requested during the day of the event, it will be reflected in the invoice. Invoice is due and payable upon receipt.

9. Cancellations by Applicant: 14 business days prior to event. If cancellation does not occur within this time frame, a 50% cancellation fee will be charged.

I, , understand and agree to the terms of this agreement.

I am an authorized representative of the organization that is applying to use the facility. I further understand that the application must be completed in its entirety in order for the facility to be reserved.

Signature, Title Date
, ..
0Aftii'J PARTNERSHIP

OF MADERA COUNTY

FACILITIES USE APPLICATION
REQUESTED FACILITY: DATE OF REQUEST:

Name of Organization:

Contact Name: Title:

Address:

Email address:

Contact Telephone: Evening/Weekend:

Signature:

Describe Purpose/Event:

Date(s) Requested:

Number of anticipated participants:

Time of actual event: From To
Time room will be booked (include set up/clean up): From: To:

Name of Event (to display on calendar):

Insurance Policy Number:

Purchase Order/Check Number: ______________________(Copy to be send to Jissel Rodriguez) Facilities Use Rates Worksheet
Conference
Center
Seating
Capacity
Part-Day Full Day Number of
Days
Requested
Total
Whole Center 30 $150 $300

APPLICANT INFORMATION
EVENT INFORMATION:

Page 2 of 7 ends

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OAiiiian. PARTNERSHIP

OF MADERA COUNTY
ADDITIONAL EQUIPMENT RENTALS/SUPPORT:

CAPMC Head Start has equipment available to rent including technical support that may be requested for additional costs. Please place an “X” next to the item requested, and if available, the cost will be included on your invoice:

Item Daily Rental
Rate
Description Fee X
Cart Two-shelf cart on wheels 10
Chart Stand must supply own chart paper/markers (Chart
Stand is No Charge, available upon request)
0 HDMI Converter
Cable & Connection
Cable to Projector
Connects User’s Non-HDMI Laptop to CAPMS
HS’s projector
50 Media Technician
Full Day
340
Media Technician up
to Half Day
170
Mic & Soundboard/
Speakers
Either handheld, or lapel mic 120
Star Phone for
Teleconference
Price includes media tech set up 20
PLEASE TOTAL YOUR ADDED EQUIPMENT HERE:

I will not be requiring any additional equipment or services.

If your event is catered, FACILITY USER will need to make arrangements to be at the facility to receive delivery of food, and/or linens, etc. CAPMC Head Start is not authorized to receive, and/or sign for receipt of any items on your behalf. Items must be picked up immediately following your event.

CONDITIONS FOR USE OF FACILITIES: FACILITY USER agrees that Community Action Partnership of Madera County (CAPMC Head Start) makes no representations or guarantees as to the condition of the facilities which the FACILITY USER is approved to use. FACILITY USER agrees to take such property and facilities “AS IS.” FACILITY USER acknowledges that it shall be its responsibility and obligation to assure that the property and facilities are in proper and safe condition to be used for the purpose anticipated. FACILITY USER acknowledges that it shall be obligated to inspect such property and facilities before they are used and to take affirmative steps where necessary to warn users or rectify hazards in order to prevent injuries to property and person. FACILITY USER agrees to refuse the use of the property if unsatisfactory conditions are not rectified prior to scheduled use. FACILITY USER further acknowledges its obligation to abide by CAPMC Head Start's rules and regulation for the use of facilities (see page 7), and further acknowledges that facility use is contingent upon compliance with these rules as well as any site rules specified by the site administrator.

Page 3 of 7 ends

D
CANCELLATION: CAPMC Head Start reserves the right to cancel or amend room assignment.

REQUIRED CERTIFICATION: In accordance with CAPMC Policies, its property will not be used for the commission of any act intended to further any program or movement, the purpose of which is to accomplish the overthrow of the government of the United States or the State.

This includes any acts such as by force, violence or other unlawful means.

REQUIRED HOLD HARMLESS AND INDEMNIFICATION: FACILITY USER shall indemnify and hold CAPMC Head Start harmless against any and all liability imposed or claimed, including attorney's fees and other legal expenses, arising directly or indirectly from any act or failure of FACILITY USER or FACILITY USER’s assistants, employees or agents, including all claimsrelating to the injury or death of any person or damage to any property.

FACILITY USER agrees to keep and maintain a policy of liability insurance, including extended coverage for product liability in the minimum amount of one million dollars ($1,000,000.00) for each occurrence and will provide CAPMC HS with a certificate evidencing insurance in the amount, naming CAPMC as an additional insured and specifying that the coverage will not be canceled or modified without thirty (30) days prior written notice to CAPMC HS.

If any group activity results in the destruction of CAPMC HS property, the FACILITY USER will be charged an amount necessary to repair the damages, and further use of facilities may be denied,. In addition, Facility User on CAPMC HS facilities or grounds shall be liable for any injuries resulting from the negligence of that group during the use of the facilities or grounds.

ACKNOWLEDGEMENT AND AGREEMENT: I have read this application and agree to the terms.

AUTHORIZED FACILITY USER SIGNATURE:

Authorized Facility User Printed Name:

DATE:

Page 4 of 7 ends

DO NOT WRITE BELOW THIS LINE
Facility User Name:

Event Date:

CAPMC Head Start APPROVALS: (Y/N) ______Appropriate activity Facility available on date(s) requested
Insurance certificate received
Equipment reserved
IT Set-up or support reserved
CAPMC Head Start Authorized Signature: Date:

CAPMC Head Start Comments/Conditions (optional):

Page 5 of 7 ends

Page 6 of 7 ends

SECTION I

GENERAL RULES REGULATIONS OF THIS FACILITY

1. Any food related items may not be sold without applicable food permits from the local public health department.

2. Display or signs must be approved by CAPMC Head Start.

3. Tobacco, drugs and other intoxicants are absolutely prohibited.

4. No smoking shall be permitted on the premises, including exterior and adjoining properties.

5. No gambling shall be permitted on the premises.

6. No program shall contain matters which might tend to cause a breach of the peace, incite to riot, or which constitutes subversive doctrine or seditious utterance or which agitates for changes in our form of government or social order by violence or unlawful method.

7. All organizations shall properly supervise all attendees. Youth organizations must have adequate adult supervision and sponsorship (refer to Security Section III).

8. Only CAPMC Head Start - provided systems may be used for hanging items or materials on walls. Users may not use any glitter, nails, tacks, pins, staples, or tape that can damage the surface of walls. No items may be hung from the ceilings, or walls.

9. Tables may not be stacked or leaned against walls.

10. This agreement is not transferable.

11. Trash should be thrown out – bins located near 1225 Gill building on the back side.

12. Tables should be wiped down. Both tables and chairs should be put away.

SECTION II

FIRE AND SAFETY REGULATIONS

1. At no time shall there be more people admitted to the facility, or any room thereof than thelegal seating capacity allows.

2. No decorations shall be used unless flame resistant or flame proof in accordance with the State Health and Safety Codes.

3. No blocking or obstructing exits.

4. No device that produces flames, spark, smoke or explosion (including fireworks) shall beused on the premises, with the exception of approved outdoor cooking units.

5. ALL event participants are expected to participate in CAPMC Head Start disaster and fire drills should they occur during meeting time. In the event of an earthquake, participants are required to duck, cover, and hold until the movement stops. In the event of a fire, participants are to evacuate the building by the nearest exit in an orderly manner.

SECTION III

DAMAGE TO CAPMC HEAD START PROPERTY
FACILITY USER agrees as an organization, its officers, and as an individual to be jointly and personally responsible for all damage to CAPMC Head Start Property that may arise during or by the permitted activity. A Facility Pre-Use/After-Use Inspection Form will be completed by CAPMC Head Start Operations in conjunction with the FACILITY USER.

Page 7 of 7 ends

SECTION IV

FACILITY USERS
The use of CAPMC Head Start facilities shall be determined, in part, based on the nature of the group. The priority order for usage is as follows:

1. Head Start Activities

2. CAPMC Activities/Events

3. Non-Profit Organization Activities

4. Other Public Entity Activities

5. Community Activities

6. For-Profit Business Activities

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: October 15, 2025
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Madera Unified School District Attendance Recovery Camp Consultant Services Agreement for School Year 2025-2026
RECOMMENDATION:

Adopt a Resolution Ratifying Approval of a Consultant Services Agreement between the City of Madera and Madera Unified School District for the Attendance Recovery Camp for School Year 2025-2026, not to exceed $11,274
SUMMARY:

The City received a request from the Madera Unified School District (MUSD) to utilize the John Wells Youth Center (JWYC) for a newly funded initiative, Attendance Recovery Camp, during the 2025-2026 school year. MUSD has requested the City’s partnership to provide staffing during the dates and times proposed associated with the Attendance Recovery Camp.

DISCUSSION:

Following the passage of California Senate Bill 153, school districts can optionally implement an Attendance Recovery program starting in the 2025–2026 school year to address truancy and chronic absenteeism. MUSD has plans to carry out the Attendance Recovery Camp in the 2025- 2026 school year. MUSD has reached out to the City to propose a partnership to facilitate the Attendance Recovery Camp to take place at the John Wells Youth Center. Under the proposed agreement, MUSD staff will provide program oversight, while City staff will be limited to assisting.

Moreover, MUSD will rotate participants to various planned activities while City staff will assist with serving of meals/snacks. Meals and snacks would be provided by MUSD. for:

B-8
Return to Agenda
The City would be committing to providing the John Wells Youth Center on four separate dates, including:
 October 6, 2025
 November 15, 2025
 February 23, 2026
 April 11, 2026
Programming for all four dates would be from 1:00 pm to 4:30 pm.

The Attendance Recovery Camp, hosted at the JWYC, would provide MUSD students with a communal site for voluntary participation in the attendance recovery efforts to recover lost instructional time associated with absenteeism from school. Each date anticipates no more than 120 students over various school grades as follows.
 Transitional Kindergarten – Kindergarten: 40 students  1st Grade: 40 students
 2nd Grade: 40 students
FINANCIAL IMPACT:

The total value of the Consultant Services Agreement is not to exceed $11,274, reimbursable after the conclusion of the Attendance Recovery Camp. The value of the Consultant Services Agreement covers staffing costs, a Robo Enrichment session, JWYC rental fees, and includes an administrative fee. The Robo Enrichment session includes a presentation from a third-party vendor using an interactive robotic dog, bringing STEAM learning and social development to participants.

The contract will provide General Fund relief for the activities borne by this Agreement.

These expenses and revenue generated from the Agreement will be reflected in Fiscal Year 2025/2026 in the Parks Grants Fund, #41096360. There are available funds to cover the staffing costs listed in Table 1, as well as sufficient funding in expense lines to cover the cost of enrichment activities.

Table 1: Cost Proposal from the City to MUSD for Attendance Recovery Partnership
Staffing Costs $5,114
Robo Enrichment Session ($255/session x 4) $1,020
Facility Rental $2,885
Admin Fee $2,255
Total $11,274
Staffing costs include the cost of staff training, assistance with the setup, assisting MUSD staff during activities, and cleanup during the four dates identified.

ALTERNATIVES:
 Ratify the Agreement as recommended. This action would formally affirm the City Manager’s approval of the Consultant Services Agreement with Madera Unified School District for the 2025–2026 school year Attendance Recovery Camp, thereby ensuring the planned programming dates and services move forward without interruption.  Decline to ratify the Agreement. Council may choose not to ratify the Agreement. In this case, the Agreement previously approved by the City Manager would not move forward for the remaining dates, excluding October 6, 2025, and the City would be unable to partner with MUSD on the remaining Attendance Recovery Camp dates: November 15, 2025; February 23, 2026; April 11, 2026.
 Request modifications or additional information. Council may direct staff to return with further details or potential revisions before ratifying the Agreement. Staff notes, however, that any delay in action may affect MUSD’s ability to finalize program planning, outreach, and student enrollment for the scheduled camp dates.

ATTACHMENTS:

1. Resolution Ratifying Approval of a Consultant Services Agreement between the City of Madera and Madera Unified School District for the Attendance Recovery Camp for School Year 2025-2026, not to exceed $11,274
a. Exhibit A: Consultant Services Agreement

2. Permit Contract
ATTACHMENT 1
Resolution Ratifying Approval of a Consultant Services Agreement between the City of Madera and Madera Unified School District for the Attendance Recovery Camp for School Year 2025- 2026, not to exceed $11,274
RESOLUTION NO. 25-______

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

CALIFORNIA, RATIFYING APPROVAL OF A CONSULTANT SERVICES

AGREEMENT BETWEEN THE CITY OF MADERA AND MADERA UNIFIED

SCHOOL DISTRICT FOR THE ATTENDANCE RECOVERY CAMP FOR SCHOOL YEAR 2025-2026, NOT TO EXCEED $11,274
WHEREAS, the City has received a request from Madera Unified School District (MUSD); and
WHEREAS, the request is for a partnership to implement the Attendance Recovery Camp during the 2025-2026 school year; and
WHEREAS, the Attendance Recovery Camp would provide MUSD students an opportunity for voluntary participation, to recover lost instructional time associated with absenteeism from school; and
WHEREAS, the request for a partnership with the City includes the utilization of the John Wells Youth Center and provision of staff; and
WHEREAS, the costs incurred by the City would not exceed $11,274, to be reimbursed by MUSD after the completion of the Attendance Recovery Camp dates; and WHEREAS, the request for approval of the Attendance Recovery Camp was listed on the October 1, 2025 City Council meeting and the meeting was unexpectedly cancelled; and WHEREAS, there was not sufficient time and ability to reschedule another meeting prior to the first event contemplated by the agreement, and to allow City business to timely go forward the City Manager, after informing the City Council of his intentions, approved the agreement subject to ratification of the City Council at its next meeting.

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

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

2. The City Manager’s approval of the Consultant Services Agreement with Madera Unified School District for the Attendance Recovery Camp during the 2025-2026 school year, not to exceed $11,274, attached hereto as Exhibit A, is ratified.

3. This resolution is effective immediately upon adoption. * * * * * *
Exhibit A – Consultant Services Agreement

MADERA UNIFIED SCHOOL DISTRICT

CONSULTANT SERVICES AGREEMENT
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This agreement is made and entered into thls 1st day of October 20_, by and between Madera Unified School District ("District") and City of Madera ("Consultant").

1. Consultant agrees to provide the following specified services: (you may attach a list of services if necessary)
The City of Madera agrees to provide the John Wells Youth Center as a communal site ror the Attendance Recovery Camp. The Attendance Recovery Camp will host up to 120 students from TK-2nd grade, on lour specific dates: October 6, 2025; November 15, 2025; February 15, 2026; and April 11, 2026. The sessions will run from 1:00 p.m. to 4:30 p.m.

In addition to providing the facility, reserved on the dates menlioned through a Permit Contract with the City, and staffing lo execule the activities during the camp, the City will also offer a Robe Enrichment class to support the students' STEM learning and social development. The Robo Enrichment will include a presentation from a third-party vendor using an interactive robotic dog to promote STEM. The vendor is the sole operator of the robotic dog. MUSD will reimburse the City ror the admin costs, rental costs, staffing costs, and the Robo Enrichment MUSD will have 1-2 staff on site to monitor lhe general activities of the Attendance Recovery Camp.

2. Term. The Consultant's services described in Paragraph 1 shall commence on October 6, 2025 and shall end on April 11, 2026 unless earlier terminated pursuant to Paragraph 8.

2. Payment. District agrees to pay Consultant as follows:

Total cost $11,274

4. Payroll Forms. Consultant agrees to complete the District's consultant payroll form. Consultant agrees that failure to properly complete this form in a timely manner may result in nonpayment to consultant.

5. Independent Contractor Status. Consultant and any and all agents and employees of Consultant are agreed to be independent contractors in their performance under this Agreement and are not officers, employees, or agents of the District. Consultant shall retain the right to perform services for others during the term of this Agreement.

6. Indemnity. Consultant shall indemnify, defend, and save and hold harmless the District, its Board of Trustees, officers, agents, and employees from any and all claims, damages, losses, causes of actions, and demands, including reasonable attorney's fees and costs, incurred in connection with the processing or defense of any matter, claim, lawsuit or contest arising out of Consultant's performance of or failure to perform the work required by this Agreement.

7. Insurance. Consultant agrees to purchase and maintain throughout the term of this Agreement a comprehensive general liability insurance policy to protect Consultant from damages because of bodily injury, including death, and from claims for damages to property which may arise out of or result from Consultant's responsibilities under this Agreement, whether such acts or omissions be by Consultant or anyone directly or indirectly employed by Consultant. This insurance shall name the District as additional insured and shall be written for not less than Two Million Dollars ($2,000,000) General Liability and Four Million Dollars ($4,000,000) General Aggregate. Consultant's Policy shall be Primary and non-contributory. A certificate of insurance shall be filed with the District and shall provide that no changes shall be made to such insurance without thirty (30) days prior written notice to the District.

8. Termination of Agreement. District may terminate this Agreement for any reason upon written notice to Consultant. In the event of early termination, Consultant shall be paid for satisfactory work performed to the date of termination. The District may then proceed with the work in any manner the district deems proper.

9. No Entitlement. Consultant agrees that it has no entitlement to any future contracts or work from District or to any employment or fringe benefits from the District.

10. Taxes. Payment to Consultant pursuant to this Agreement will be reported to federal and state taxing authorities as required on the IRS Form 1099. District will not withhold any money from compensation payable to Consultant. In particular, District will not withhold FICA (social security); state or federal unemployment insurance contributions; and/or state or federal income tax or disability insurance_ Consultant is independently responsible for the payment of all applicable taxes.

Revised 7 /9/21

11. Governing Law and Venue. This Agreement shall be governed by and construed only in accordance with the laws of the State of California. If any action is initiated involving the application or interpretation of this Agreement, venue shall only lie in the appropriate state court in Madera County or federal court in Fresno County, California.

12. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the Consultant, the District and their respective successors and assignees.

13. Severabilit;y. If any provision of this Agreement shall be held invalid or unenforceable by a Court of competent jurisdiction, such holdings shall not invalidate or render unenforceable any other provision of this Agreement.

14. Amendment. The terms of this Agreement shall not be amended in any manner whatsoever except by written agreements signed by the parties.

15. En tire Agreement. This Agreement constitutes the entire agreement between the parties. There are no oral understandings, side agreements, representation or warranties, expressed or implied, not specified in this Agreement.

16. Licenses. Consultant represents that Consultant and all agents and employees of Consultant are licensed by the state of California to perform all the services required by this Agreement. Consultant will maintain all licenses in full force and effect during the term of this Agreement.

17. Compliance with Law. Consultant agrees to perform the services contemplated by this Agreement in a professional and a competent manner and in compliance with all local, state and federal laws, and regulations governing the service to be rendered pursuant to this Agreement.

18. Board Ap prova l. The parties agree that the effectiveness of the Agreement is contingent upon approval by the District's Board of Trustees.

19. Equipment and Material·s. Consultant shall provide all equipment, materials, and supplies necessary for the performance of this Agreement. This provision may be negotiable as to the needs of specific children.

20. Non-discrimination. Consultant shall not engage in unlawful discrimination in the employment of persons because of race, color national origin, age, ancestry, religion, sex, marital status, medical condition, physical handicap, or other bias prohibited by state or federal law.

21. Copyright. Any product, whether in writing or maintained in any other form produced under this Agreement shall be the property of District. District shall have the right to secure a patent, trademark or copyright and the product or information may not be used in any manner without District's written permission.

22. In accordance with Education Code Section 39656, this contract is not valid or an enforceable obligation against the District until approved or ratified by motion of the Governing Board duly passed and adopted.

Madera Unified School District Consultant:

Superintendent or designee: Name:

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Gsoslia Ka Callo~es, ~ayer
(Sign· e
Date: q -d 11 -~s Date: \~ j L ) 1 S
Federal ID/SS# 94-6 00 03 65
( do not include SSN until after Board approval)
Revised 7 /9/21

ATTACHMENT TO SERVICE AGREEMENT
Expanded Learning Opportunities Program (ELOP) - Health and Safety Reporting Requirement
This attachment serves as an addendum to the Service Agreement between Madera Unified School District ("LEA") and City of Madera ("Contractor") for the operation of Expanded Learning Programs. The following reporting requirements are established to ensure compliance with Education Code Section 8483.4 and to maintain the health and safety of all program participants
Health and Safety Incident Notification and Reporting

1. Immediate Notification Requirement
a. The Contractor must notify the LEA by the next working day following any occurrence of a health- or safety-related issue that affects the program's operations or participants.

The Contractor shall provide such immediate notification to the LEA by telephone and/or email. The list of health and safety occurrences requiring immediate notification includes, but is not limited to:
o Criminal background clearance issues concerning any employee, volunteer, or contractor.
o Structural or environmental hazards that could impact student or staff safety. o Incidents involving law enforcement intervention at a program site. o Any "event" as that term is defined in EC 8483.4(c) that may impact program safety or compliance, which includes but is not limited to the following:
• Death of a child from any cause
• Any injury to a child that requires medical treatment • Any unusual incident or child absence that threatens the physical or emotional health or safety of a child
• Any suspected child abuse or neglect
• Epidemic outbreaks
• Poisonings
• Fires or expulsions that occur on the premises
• Exposure to toxic substances
• An arrest of an employee of the Contractor
• Any other event as specified by the LEA. If the LEA determines it to be necessary to specify any other type(s) of event(s) in addition to those set forth in this Addendum, the LEA shall provide the Contractor with written notice requesting the Contractor to sign, date, and return an acknowledgment and agreement to the change.

2. Written Incident Report Requirement
a. The Contractor must submit a detailed written report to the LEA within seven (7) calendar days of the occurrence of any health- or safety-related issue that triggers the immediate notification requirement set forth in Section 1 above. The written report must include:
52779307. I /005398.00310
o A detailed, specific description of the incident, including the date, time, and location.
o Individuals involved (excluding personally identifiable student information unless required by law).
o Actions taken in response to the incident.
o Any corrective measures implemented to prevent recurrence. o Any additional information requested by the LEA.

3. Request for Enrollee Health Information
a. In accordance with Education Code Section 8483.4(d), the Contractor shall request that parents or guardians provide information about pupil health prior to enrollment, such as whether a pupil has allergies or asthma.
b. The Contractor specifically acknowledges and agrees that parents or guardians are not reguired to provide requested health information as a condition of enrolling their pupils in the program. The provision of pupil health information is voluntary, and it is entirely within the discretion of the parent or guardian whether or not they consent to sharing pupil health information.

4. Compliance and Accountability
a. The LEA reserves the right to request additional information or clarification regarding any reported incident.
b. By the signatures of their authorized representatives below, the Contractor and LEA agree that the terms contained within this Addendum are incorporated into the Service Agreement to which it is attached and that this Addendum shall therefore be a fully-binding and enforceable part thereof, subject to any applicable terms and conditions contained in that Service Agreement.
c. Failure to comply with the immediate notification and written reporting requirements set forth in this Addendum may result in corrective actions under the applicable provisions of the Service Agreement, up to and including contract termination.

By signing below, both parties acknowledge and agree to comply with the above requirements.

Authorized Representative - Madera
Unified School District
Associat • uperintendent of
Title: fdocatiaoal Services
Date: --'1---- -~ _IP_-:,.. __ 5___ _
52779307 .1/005398.003 I 0
Authorized Representative - Contractor
Signature: ~ ou, Va c::kf~ ARNOLD() 'RODR I E U~2. C.l "TY r,,1 ,i. A' I Title: Cece] iii K Cal19go., .D4ayo:i;:

Date: t O t 1-\ -,, f
ATTACHMENT 2
Permit Contract
Permit Contract
City of Madera Parks & Community Services
701 E 5th Street
Madera, CA 93638
Phone: (559) 661-5495
FAX: --
Email: [email protected]
Company: MUSD
1902 HOWARD RD
Madera, CA 93637
Agent: Suzanne Dudney
Email: [email protected]
Permit #6136, Approved
Sep 19, 2025 10:02 AM
Prepared By: Mercedes Bravo
Home: (559) 481-4810
Charges Taxes Discounts Total Charges Deposits Deposit Taxes Total Payments Refunds Balance $2,885.00 $0 $0 $2,885.00 $0 $0 $0 $0 $2,885.00

RESERVATIONS
Event Resource Center Notes
MUSD Requested Space
Type: Administrative Booking
Attend/Qty: 0
John Wells Youth Center - Craft Room int John Wells Youth Center 701 E. 5th Street
Madera, CA 93638
(559) 661-5495
--
Days Requested Event
Begins Duration
Event Ends
Day Date Date Time
Monday Oct 6, 2025 12:00 PM 5½ hours Oct 6, 2025 5:30 PM Saturday Nov 15, 2025 12:00 PM 5½ hours Nov 15, 2025 5:30 PM Monday Feb 23, 2026 12:00 PM 5½ hours Feb 23, 2026 5:30 PM Saturday Apr 11, 2026 12:00 PM 5½ hours Apr 11, 2026 5:30 PM Summary Notes
Total Number of Dates: 4
Total Time: 22 hours
--

RESERVATIONS
Event Resource Center Notes
MUSD Requested Space
Type: Administrative Booking
Attend/Qty: 0
John Wells Youth Center - Gym int John Wells Youth Center 701 E. 5th Street
Madera, CA 93638
(559) 661-5495
--
Days Requested Event
Begins Duration
Event Ends
Day Date Date Time
Monday Oct 6, 2025 12:00 PM 5½ hours Oct 6, 2025 5:30 PM Saturday Nov 15, 2025 12:00 PM 5½ hours Nov 15, 2025 5:30 PM Monday Feb 23, 2026 12:00 PM 5½ hours Feb 23, 2026 5:30 PM Saturday Apr 11, 2026 12:00 PM 5½ hours Apr 11, 2026 5:30 PM 9/19/25, 10:04 AM Permit Contract
https://anprod.active.com/maderapcsrec/servlet/PermitDetail.sdi?id=6244&new_window=yes 1/8

IILUY CHTRII
Summary Notes
Total Number of Dates: 4
Total Time: 22 hours
--

RESERVATIONS
Event Resource Center Notes
MUSD Requested Space
Type: Administrative Booking
Attend/Qty: 0
John Wells Youth Center -Rec. Room int John Wells Youth Center 701 E. 5th Street
Madera, CA 93638
(559) 661-5495
--
Days Requested Event
Begins
Duration
Event Ends
Day Date Date Time
Monday Oct 6, 2025 1:00 PM 5½ hours Oct 6, 2025 6:30 PM Saturday Nov 15, 2025 12:00 PM 5½ hours Nov 15, 2025 5:30 PM Monday Feb 23, 2026 12:00 PM 5½ hours Feb 23, 2026 5:30 PM Saturday Apr 11, 2026 12:00 PM 5½ hours Apr 11, 2026 5:30 PM Summary Notes
Total Number of Dates: 4
Total Time: 22 hours
--

CHARGES
Description
Event /
Resource
Unit Fee Units Tax Charge
JWYC Gym Hly MUSD Requested Space #6136
John Wells Youth Center - Gym int
$50.00 22.00 -- $1,100.00
Administrative Fee Reservations MUSD Requested Space #6136 John Wells Youth Center - Craft Room int
$15.00 1.00 -- $15.00
Facility Convenience Fee MUSD Requested Space #6136
John Wells Youth Center - Craft Room int
$10.00 1.00 -- $10.00
JWYC MPR-Craft Hly MUSD Requested Space #6136
John Wells Youth Center - Craft Room int
$40.00 22.00 -- $880.00
JWYC MPR-Rec Hly MUSD Requested Space #6136
John Wells Youth Center -Rec. Room int
$40.00 22.00 -- $880.00

DISCLAIMERS
RESPONSIBILITY FOR DAMAGES: All permits issued by the City of Madera Parks & Community Services Department shall be subject to the regulations of the Parks & Community Services Department and the City of Madera ordinances. Any Persons or organizations to whom such permits are issued shall be liable for loss, damage, or injury to any person or property resulting from the use of the public facilities under such permits, as well as breach of the regulations or ordinances to the person or persons suffering such loss, damage or injury, and the City of Madera Parks & Community Services Department in case such Department shall become liable for loss, damage or injury. Any and all damage to grounds and/or facilities must fully and completely be rectified within 3 days after the end of the authorized event.

CUSTOM QUESTIONS
Question Answer
Will alcohol be served at the event? No
Will the event be open to the public? No
Will there be a bounce house at this event? *Bounce house rental company must be able to provide proof of liability insurance*
No
9/19/25, 10:04 AM Permit Contract
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WAIVERS
Liability Insurance Provisions
Waiver for:Suzanne Dudney
Due Date: Oct 19, 2025

PROOF OF LIABILITY INSURANCE AND BONDED SECURITY GUARDS CONTRACT MUST BE SUBMITTED TO THE ADMINISTRATION OFFICE AT 701 E 5TH STREET, MADERA, CA 93638 AT LEAST 45 DAYS BEFORE THE SCHEDULED EVENT TO AVOID A PENALTY FEE. FAILURE TO SUBMIT THESE DOCUMENTS ON TIME WILL

RESULT IN AN ALCOHOL SURCHARGE AND A REDUCTION IN YOUR RESERVATION TO AN EVENT WHERE NO ALCOHOL IS PERMITTED.

Obtaining the proper insurance for the event is the renter’s responsibility. Renter must comply with City of Madera Parks & Community Services Special Event Rental Insurance Requirements.

Evidence of Coverage
The Applicant must provide a signed original evidence of coverage form for the dates of the event protecting the legal liability of the City of Madera, its officers, officials, employees and volunteers from occurrences related to operations under the Special Event and facility permit.

Insurance Certificate
The applicant must provide the City of Madera with a signed original certificate of insurance (the ACORD form is acceptable), lawfully transacted, which sets forth the following:

1. Coverages:
a) General Liability: Commercial General Liability coverage, on an occurrence basis, at least as broad as the Insurance Services Office (ISO) form CG 00 01. A Host Liquor Law Liability endorsement is required for any event serving alcohol free of charge. The City of Madera reserves the right to set limits of liability based on the specific event request, but limits shall be not less than:

I. $5,000,000 per occurrence for all events involving fireworks, racing, scaffolding, or an expected crowd exceeding 1,000 persons;
II. $2,000,000 per occurrence for all events involving street closure of a thru-street or an expected crowd of 500 persons;
III. $1,000,000 per occurrence for all other events.
b) Automobile Liability: Commercial Automobile Liability coverage, on a per-accident basis, at least as broad as the current ISO form CA 00 01 for Any Auto with limits of not less than $1,000,000 combined single limits per accident for events involving the use of licensed vehicles during the event. c) Worker’s Compensation: Worker’s Compensation coverage shall be maintained, covering the applicant’s employees as required by law, if applicable. When Worker’s Compensation coverage is applicable, Applicant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, it’s officers, agents, employees, and volunteers.
d) Liquor Liability: Liquor Liability coverage with limits of not less than $1,000,000 per occurrence shall be maintained for events involving the sale of alcoholic beverages.

2. Deductibles: All deductibles or self-insured retentions must be clearly identified and are subject to approval by the City of Madera. At the option of the City of Madera, either (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the entity, its officers, officials, employees, and volunteers or (b) the Applicant shall provide a financial guarantee satisfactory to the City of Madera guaranteeing payment of losses and related investigations, claim administration or defense expenses.

3. Additional Insured Endorsement: An Additional Ensured Endorsement must be provided that includes the following language: “That the City of Madera, its officers, employees, officials and volunteers are covered as insureds with respect to liability arising out of use of the City of Madera’s [FACILITY NAME].” Endorsements must name the City as an additional insured on the policy; blanket endorsements will not be accepted.

4. Dates: The dates of inception and expiration of the insurance. This must include all dates for set-up and teardown as well as the event date(s).

5. Cancellation Notice: The policy shall be endorsed to state that coverage shall not be canceled or modified without thirty (30) days prior written notice by certified mail to the City of Madera.

6. Certificate Holder: The City of Madera, Attn: Parks & Community Services, 701 E. 5th Street, Madera, CA 93638 shall be listed as the certificate holder.

7. Insurance Company: The company providing insurance coverage must be acceptable to the City of Madera with an AM Best rating of at least A:VII.

8. Insured: The applicant listed on the application for a special event permit must be specifically listed as the Insured.

9. Description: The certificate must provide an adequate description of the event for which coverage is being provided.
9/19/25, 10:04 AM Permit Contract
https://anprod.active.com/maderapcsrec/servlet/PermitDetail.sdi?id=6244&new_window=yes 3/8 Applicant’s Insurance is Primary: The Applicant’s insurance coverage shall be primary insurance with respect to the City of Madera and its officers, officials, employees, or volunteers. Any insurance or self-insurance maintained by the City of Madera, its officers, officials, employees, or volunteers shall be in excess of the applicant’s insurance and shall not contribute to it.

Verification of Coverage: The Applicant shall furnish the City of Madera with original certificates and endorsements, including amendatory endorsements affecting coverage required by this document. All certificates and endorsements are to be received and approved by the entity before the event; however, failure to do so shall not operate as a waiver of these insurance requirements. The City of Madera reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time.

Limits in Excess of Minimum Required: If the Applicant maintains higher policy limits than required by the City of Madera, the City of Madera shall be entitled to coverage at the higher limits maintained by the Applicant.

City of Madera Ordinance Citation_Liability and Security Agreement Waiver Signed by:MUSD on Sep 19, 2025
General Reservation Agreement
Waiver for:Suzanne Dudney
Due Date: Oct 19, 2025
Reservations can be made in person at the Parks & Community Services Administration Office located at the John W. Wells Youth Center, 701 East 5th Street, Madera, CA 93638, online at www.madera.gov/register, or by telephone by calling the Parks & Community Services Department at (559) 661-5495 during regular business hours.

All sites become available at 10:30 a.m. There is an additional charge for early entry, no earlier than 8:00 a.m.

All facility reservations for the City of Madera require general liability insurance. The certificate of insurance must be submitted to the Parks & Community Services Administration Office at least 30 days before the date of the event.

Renters must comply with City of Madera Parks & Community Services rental insurance requirements.

All required fees must be paid in full to secure the reservation. The Administrative Fee and Online Processing Fee are non-refundable.

Renters must agree to fully and promptly obey all lawful orders given by the Police Department, Fire Department, and City staff of the Parks & Community Services Department. If police assistance is required, the event could be closed immediately, and the deposit will be forfeited.

Requests for ongoing facility or park use will be considered on a case-by-case basis. If ongoing use is approved, one (1) security deposit will be held on account with the City of Madera for renters with regularly scheduled events.

All facilities and park hours reserved must be continuous.

Event security may be required at any event, whether or not alcohol is served.

The lessee shall make no lease assignment without prior consent of the City of Madera.

City of Madera equipment is subject to availability and rental fees.

Alcohol is prohibited at all City of Madera's parks and facilities, except for the Pan-American Community Center and Rotary Park Pavilion, with a reservation permit, paid non-refundable Alcohol Use Surcharge, Proof of Liability Insurance, and Bonded Security Guards. Failure to provide proof of Liability Insurance and bonded security guards 45 days before the event will result in the revocation of the Alcohol permit, and paid Alcohol fees will be forfeited.

The Madera Police Department may check on events when alcohol is being served.

Indoor facilities have a minimum rental charge of 3x the hourly rate, and outdoor facilities (including the pool) have a minimum rental charge of 4x the hourly rate unless otherwise noted. All fields have a minimum rental charge of 2x the hourly rate.

City of Madera parks and facilities are designated "Drug-Free Zones" (Ordinance 644 C.S., passed 10-18-95).

Smoking and E-cigarettes are prohibited at any City of Madera facility or park. 9/19/25, 10:04 AM Permit Contract
https://anprod.active.com/maderapcsrec/servlet/PermitDetail.sdi?id=6244&new_window=yes 4/8 No selling, vending, or distribution of items for personal gain at any City of Madera facility or park.

All public events, including community gatherings, fundraisers, car shows, food festivals, and similar activities, must be pre-approved at least 45 days in advance. Event approval is subject to the Parks & Community Services Special Events application process and may require approval from various City departments and partner agencies, such as the Madera County Environmental Health Division.

Water inflatables, petting zoos, and livestock are prohibited at our parks or facilities.

No performance, exhibition, or entertainment shall be given or held in a facility or park that is illegal, indecent, obscene, lewd, immoral, or in any manner publicly offensive. The City of Madera may revoke the privilege and cancel the reservation, and all fees will be forfeited.

Renters must be out of their reserved facility or park area with cleaning completed by the time listed on their permit.

The facility or park area must be left clean and orderly. Food and garbage must be cleaned off tables and concrete areas and placed in the trash cans provided. The renter is responsible for removing all trash and debris that may not fit in the trash cans provided. Failure to do so could result in loss of the security deposit and/or an assessment of additional charges for cleaning, damages, and staff time.

The renter is responsible for the conduct of all participants, supervision of minors, damages, and all fees due.

The City of Madera is not responsible for lost or missing items at parks and facilities.

Advertising materials, flyers, or other promotional materials are limited to City-sponsored events and the Department’s approval.

City of Madera parks and facilities are not available for rental on the following holidays: Thanksgiving Day and the day after Thanksgiving, Christmas Eve and Christmas Day, and New Year's Eve and New Year's Day.

Music for outdoors must be kept at a level so as not to disturb neighbors or others in the park. Music must be shut off no later than 1 hour before the event end time listed on your permit or by 10:00 p.m. in any park. For indoor facility rentals, music may be played after 10:00 p.m. but must remain at a level that cannot be heard from 50 feet from the facility or inside a neighboring residence. The use of amplified sound is subject to noise ordinance restrictions (Ordinance 622).

Glass containers are not allowed in any City of Madera park area.

No open flames are allowed inside any City of Madera facility.

Personal fireworks are not allowed in a public park area.

It is prohibited to park any automotive vehicles of any kind on the grass including but not limited to mobile food trucks/units and car club cars ('61 Code, § 3-5.14) (Ord. 236 C.S., passed 8-20-75).

A refund of the deposit requires a processing time of at least 4-6 weeks after the event date. All refunds are processed through the City of Madera Finance Department at 205 W. 4th Street, Madera, CA 93637.

Cancellation and/or changes must be made at least 30 days prior to the reservation date to receive a full refund. No refunds will be issued less than 30 days prior to the reserved date without the approval of the Parks Director and may be subject to a partial refund.

The City reserves the right to cancel any park and facility reservations as deemed necessary for the safety of all participants. If the City cancels any park or field reservation due to inclement weather or field conditions, it will be rescheduled at no additional cost, or refunded if applicable.

The renter shall pay the City of Madera Parks & Community Services Department on demand, such other and further services as may become due to the City of Madera, if the compensation is not included in the amount specified under the rental.

The City of Madera Parks & Community Services Department also has the right to bill the party responsible if any charges exceed the original deposit.

Misuse of fields, parks, equipment, or facilities shall be a reason to terminate the event permit. In case of any violation, no fees will be refunded, and forfeiture of the deposit. 9/19/25, 10:04 AM Permit Contract
https://anprod.active.com/maderapcsrec/servlet/PermitDetail.sdi?id=6244&new_window=yes 5/8 The City of Madera reserves the right to revoke the reservation when the facility is needed for emergencies or City purposes, in which case all fees and deposit monies will be returned.

FAILURE TO COMPLY WITH POLICIES, TERMS, AND CONDITIONS WILL RESULT IN FORFEITURE OF THE DEPOSIT AND POSSIBLY LOSS OF THE ABILITY TO RENT IN THE FUTURE.

General Reservation Policy
Waiver Signed by:MUSD on Sep 19, 2025
Facility Use Agreement
Waiver for:Suzanne Dudney
Due Date: Oct 19, 2025
Facility reservations may be made up to a year in advance and no less than 30 days.

Full payment is required to be made to secure your reservation.

Facility rental will become available at 10:30 a.m.; early entry is permitted for an additional charge no earlier than 8:00 a.m. A full day will consist of the available rental blocks for facilities.

No event can be extended past 1:00 a.m. The renter must adhere to the hours on the reservation permit for set-up and clean-up time. All individuals associated with the event must vacate the facility by the indicated ending time; failure to vacate the facility will result in forfeiture of the deposit and assessment of additional charges for staff time.

Approval of the event application and reservation will be considered only upon completion of an application, payment of rental/deposit fees, certificate of insurance, and proof of bonded security guard(s), when applicable.

The renter must be present during all hours of the scheduled event.

Smoking machines are prohibited inside any facility as they will set off the fire alarm. If this occurs, the renter will forfeit their deposit and be held responsible for any additional charges that may occur due to activating the facility's fire safety devices. (Charges may include, but are not limited to, the cost of emergency responders, water damage to electronics, and staff clean-up time). Approval from the Parks Director is required for special effects machines.

Kitchen use is for set-up only. Cooking is not allowed. The renter or caterer must provide all warming supplies. Use of City owned appliances, with the exception of microwave and refrigerator/freezer, is prohibited.

No food or grease shall be put down the sink drains at any time. If this occurs, the deposit will be automatically forfeited.

Decorations are the renter's responsibility. No staples, tacks, or nails are allowed that will damage the facility walls.

To receive a deposit refund, all decorations must be taken down and placed in the trashcans provided.

The renter is responsible for placing trash, recyclables, and compost in the correct outdoor receptacles.

The setup of tables and chairs is to be set up and returned to their designated area by the renter. No equipment will be removed from the facilities.

Reservation hours must include set-up and clean-up time.

Delivery of supplies and/or equipment will not be accepted at the facility prior to the indicated set-up time.

If City staff needs to do extra cleaning, funds can be taken from the security deposit. If the cleaning exceeds the security deposit amount, the renter will be billed for the balance.

City staff will conduct a walkthrough inspection of the facility with the renter person. During the walkthrough, a check list will be done prior to and after the reservation to ensure the facility is in the same condition as it was upon arrival.

In the event of concerns during the facility reservation time, the following number will be provided to the renter for assistance: (559) 395-7332.

Parking regulations must be followed at all times.
9/19/25, 10:04 AM Permit Contract
https://anprod.active.com/maderapcsrec/servlet/PermitDetail.sdi?id=6244&new_window=yes 6/8 Waiver Signed by:MUSD on Sep 19, 2025
Noise Agreement
Waiver for:Suzanne Dudney
Due Date: Oct 19, 2025
- Music must be kept at a level so as not to disturb neighbors or others in the park. Music must be shut off no later than one (1) hour before the event end time listed on your permit or by 10:00 p.m. in any park. For indoor facility rentals, music may be played after 10:00 p.m. but must remain at a level such that it cannot be plainly heard 50 feet from the facility or from inside a neighboring residence.

City of Madera Ordinance Citation:
§ 3-11.02 SPECIFIC NOISE PROHIBITIONS.

The following activities are specifically prohibited:
(A) Operating, playing, or permitting the operation or playing of any radio, television set, loudspeaker, stereo, drum, musical instrument, or similar device that produces or reproduces sound which is in violation of the provisions of § 3-

11.01 of this title.
(B) Between the hours of 8:00 p.m. and 6:00 a.m. of the following day. Noise sources associated with operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration, remodeling, paving, or grading of any real property or demolition work that creates sound, which is in violation of § 3-11.01 of this title is prohibited. Provided, however, the Community Development Director or their designated representative may, for good cause, exempt certain construction work from the provisions of this chapter for a limited time when an unforeseen or unavoidable condition occurs during a construction project and the nature of the project necessitates that work in process be continued until a specific phase is completed. In such circumstances, the contractor or owner shall be allowed to work after 8:00 p.m. and to operate machinery and equipment necessary until the specific work in progress can be completed in a manner that will not jeopardize the inspection or acceptance of a project or create undue financial hardships for the contractor or property owner. (C) Between the hours of 10:00 p.m. and 6:00 a.m. of the following day. Operating or permitting the operation of any mechanically powered saw, drill, grinder, lawn or garden tool, or similar tool that creates sound is in violation of § 3-

11.01 of this title.
(Ord. 622, passed 5-18-94; Am. Ord. 834 C.S., passed 4-16-08) § 3-11.03 PARTIES.
(A) Every person who conducts or allows to be conducted a party as defined herein which has presented and uses any electronic sound reproduction and or amplification device and or similar system between the hours of 10:00 p.m. and 8:00 a.m. of the following day, that produces sound in violation of § 3-11.01 of this title is guilty of a violation of this section.
(B) For purposes of this section, the term PARTY means a gathering for social and/or entertainment purposes at a private residence or other location.
(C) Any noise, commotion, or sound resulting from a party that can be plainly heard at a distance of 50 feet from the location of the party or from inside a neighboring residence shall be prima facie evidence of a violation of this section.
(Ord. 622, passed 5-18-94)
Waiver Signed by:MUSD on Sep 19, 2025
Hold Harmless Agreement
Waiver for:Suzanne Dudney
Due Date: Oct 19, 2025
The undersigned, on behalf of the applicant group, agrees to indemnify, hold harmless, defend and reimburse the City, its officers, employees, volunteers and agents (“City indemnities”)from any liability, damage, penalty, expense or loss of any nature, including but not limited to, liability for injury to or death of persons, or damage to property arising out of or in connection with the special event or approximately caused by the negligent or intentional act or omission of the applicant, or any person who is under the applicant’s control, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from or otherwise related to the special event or applicant group, whether the same be groundless or not, the applicant shall defend and indemnify the City, its officers, employees, volunteers or agents for any judgment rendered against it or any sums paid out in settlement or otherwise. The City shall choose its legal counsel in defending the City from any all liability, damage, penalty, expense or loss of any nature arising out of or in connection with the special event or approximately caused by the 9/19/25, 10:04 AM Permit Contract
https://anprod.active.com/maderapcsrec/servlet/PermitDetail.sdi?id=6244&new_window=yes 7/8 negligent or intentional act or omission of the applicant, any officer, employee or agent of the applicant, or any person who is under the applicant’s control.

Waiver Signed by:MUSD on Sep 19, 2025
9/19/25, 10:04 AM Permit Contract
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REPORT TO CITY COUNCIL
Approved by: Council Meeting of: October 15, 2025
_________________________________ Agenda Number: ___________ Jamie Hickman, Streets Division Supervisor
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Reject bids for the Invitation for Bid (IFB) 202526-01 Asphalt Concrete Patching and Slurry Seal Type II Application On- Call Services
RECOMMENDATION:

Approve a Minute Order rejecting the bids received for IFB 202526-01 Asphalt Concrete Patching and Slurry Seal Type II Application On- Call Services
SUMMARY:

The City received three bids for IFB 202526-01, Asphalt Concrete Patching and Slurry Seal Type II Application On-Call Services. Upon review, staff refined the scope of work by removing nonessential line items to reduce costs while preserving service quality. Because the submitted bids submitted no longer align with the revised scope, staff recommends rejecting all bids and reissuing the project for competitive bidding.

DISCUSSION:

On July 23, 2025, the City advertised IFB 202526-01 soliciting bids for Asphalt Concrete Patching and Slurry Seal Type II Application On-Call Services in accordance with the California Public Contract Code (PCC) and the City’s purchasing policy. The solicitation sought competitive unit price bids for the provision of on-call repair and maintenance services, including permanent asphalt-concrete patching and slurry seal Type II application, to address roadway maintenance needs throughout the City.

The scope of work included performing permanent asphalt repairs on:
 Small to medium-sized service trenches such as sewer and water cuts  Failed asphalt areas in streets and alleyways
 The City’s recently created 10’ x 10’ street rehabilitation program B-9
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 Repairs require cutting where applicable, removal of temporary backfill materials, excavation to a minimum six-inch depth, compaction, and full-depth asphalt-concrete replacement
In addition, the contractor would apply slurry seal Type II on designated roadways to address weathered surfaces and alligator cracking. Slurry work requires thorough surface preparation, including cleaning, crack sealing, and pre-treatment of failed areas, followed by the application of a polymer-modified asphalt emulsion and aggregate mix in accordance with industry standards.

The City received three (3) bids by the August 20,2025 deadline; these bids are summarized in Table 1 below.

Table 1: Bids Received
Bidder Bid
QA Contractors, Inc. $2,556,414.00
Arrow Drillers, Inc., DBA Arrow Construction $2,588,455.51 Witbro, Inc. DBA Seal Rite Paving and Grading $3,315,957.68 Following the bid closing, staff conducted a thorough review and evaluation of the submitted unit prices. During this process, it became clear that several of the bid line items represented work tasks or materials that were not essential to the City’s core needs under this contract. To ensure fiscal responsibility while maintaining the ability to perform high-quality repairs, staff refined the scope by removing these less critical line items. This adjustment was intended to streamline the bid package, eliminate unnecessary costs, and focus resources on the services most critical to maintaining the City’s streets, alleys, and utility trench repairs. Table 2 summarizes the line items that Staff proposes to remove for the second round of bidding.

Table 2: Items to be Removed from Work Scope Approx Qty. Proposed Amount Emergency Concrete-Asphalt Patching plus CQS-1H Fog Seal, 20,000-100,000 100,000 (sf) $900,000
Emergency Saw Cutting 150 (lf) $4,500
Thermal Plastic Legends and Markers 400( sf) $6,400
Emergency Concrete-Asphalt Patching/Fog Seal, 000-499 SF 499 (sf) $17,465 Emergency Concrete-Asphalt Patching/Fog Seal, 500-699 699 (sf) $20,271 Emergency Concrete-Asphalt Patching/Fog Seal, 700-999 999 (sf) $26,973 Emergency Concrete-Asphalt Patching/Fog Seal, 1,000-19,999 19,999 (sf) $199,990 Total Potential Cost Reduction $1,175,599
Because the bids received were based on the original, more extensive scope of work, the revised bid structure is no longer consistent with the proposals submitted. In order to ensure a fair and competitive process, and to provide all potential bidders with the opportunity to respond to the updated and more focused scope, staff recommends that the City Council reject all bids at this time. Staff anticipates reissuing an RFP for the reviewed items. This approach will help ensure the City secures the most cost-effective pricing while continuing to meet its service and quality objectives. Under PCC 22038, the City is allowed to reject all bids with the requirement that the City furnishes a written notice to the apparent low bidder at least two days before Council action.

FINANCIAL IMPACT:

The cost associated with rebidding this project is expected to be minimal. For the initial solicitation, the City incurred $1,163.50 in advertising expenses. With the re-advertising staff anticipates a similar expense, approximately doubling the original cost. Additional staff time required for the rebid will also be minimal, as the bid documents have already been prepared, published, and refined. Furthermore, staff has already identified the nonessential items to be removed in order to reduce overall project costs while maintaining the quality of work, which further streamlines the rebid process.

ALTERNATIVES:

As an alternative, Council may:

1. Deny the request to reject the bids received.

2. Reject the bids received and readvertise the project.

ATTACHMENTS:

Invitation for Bid (IFB) 202526-01 Asphalt Concrete Patching and Slurry Seal Type II Application On- Call Services and supporting documents can be found at:
https://vendors.planetbids.com/portal/54016/bo/bo-detail/131943.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: October 15, 2025
_________________________________ Agenda Number: ___________ Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Piggyback purchase agreements for Fleet Division-related purchases RECOMMENDATION:

Adopt a Resolution approving Sourcewell piggyback agreement with National Auto Fleet Group for the purchase of three replacement Police patrol vehicles for $154,358.70 SUMMARY:

Appropriations for numerous pieces of equipment were included in the Fiscal Year (FY) 2025/26 Adopted Budget for the Fleet Replacement Fund (Org Unit 3065-0000), which Council approved on June 25, 2025. Included in those appropriations were funding for two Police Department patrol vehicle replacements. A third replacement is also needed due to a recent Police vehicle being totaled in an auto accident. Staff is proposing to purchase the vehicles from National Auto Fleet Group through a piggyback agreement with Sourcewell. Using a piggyback agreement for this purchase will save both time and cost that would otherwise be incurred should a stand-alone vehicle purchase Request for Proposals (RFP) be issued. Two of the three existing vehicles are expected to be taken out of service and disposed of through the City’s surplus property process.

The third vehicle is considered totaled and will be disposed of through a salvage company.

DISCUSSION:

Council approved Ordinance 996 C.S. on December 21, 2022, which amended the City’s Municipal Code by adding Title II, Section 4 - Purchasing Procedures. This section allows the City to utilize piggyback purchasing procedures through the Procurement Services Manager to purchase supplies, equipment, or services without completing the City’s bidding or proposal process. A piggyback contract can be executed via another entity’s agreement when the items or services have already been bid by other governmental agencies or special cooperative agreements, B-10
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provided such contracts are the result of a competitive bidding process, that the competitive bidding process used and all terms and conditions are substantially the same as those used by the City, and that the competitive bidding process and terms and conditions contain a clause allowing piggybacking by other public agencies.

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

Staff recommends utilizing the Sourcewell piggyback purchase agreement to acquire three patrol vehicles for the Police Department from National Auto Fleet Group. These vehicles are anticipated to be model year 2026 Dodge Durango Pursuit, replacing similar model year 2019- 2020 vehicles. Although the current vehicles may have relatively low mileage, they have undergone extensive use and experienced long idle times due to the need to power essential equipment, such as on-board computers, which places significant strain on the engines.

Typically, Police Interceptors have a service life of approximately 6-7 years or 100,000 miles, making these replacements timely.

The third wrecked vehicle has been declared a total loss by the insurance company. It will also be replaced by a model year 2026 Dodge Durango Pursuit. It is a model year 2020 with approximately 74,924 miles. Cost of the replacement vehicle will be reimbursed by insurance minus the $5,000 deductible to be paid by Police Department funds.

Since first responder vehicles are exempt from the new California Air Resources Board Advanced Clean Fleet Rule, these vehicles will be gasoline powered. National Auto Fleet Group is the designated dealer for the Dodge Durango Police Responders on the Sourcewell contract #091521-NAF (National Auto Fleet Group: Contract 091521-NAF | Sourcewell). Delivery lead times for these vehicles can vary from 6 to 12 months from receipt of purchase order.

FINANCIAL IMPACT:

The purchases under the recommended cooperative purchase agreement for the two replacement vehicles will be made from the Fleet Acquisition Fund (Org 3065-0000). Adequate appropriations were included in the Fiscal Year 2025/26 Adopted Budget for these purchases.

The total cost of the two replacement vehicles is $103,150.92. The replacement of the wrecked vehicle will come from the Insurance Reimbursement Fund (10901515-7000-FLEET) and be reimbursed by insurance. The $5,000 insurance deductible will come from Police (10252000- 6425). Cost of the replacement vehicle is $51,207.78.

ALTERNATIVES:

As an alternative, Council may direct staff to prepare an RFP to solicit quotes from vendors per item or issue an RFP per item. Either scenario, while feasible, would require staff resources with no certainty that the prices obtained through this alternative process would be better than those obtained through piggybacking.

ATTACHMENTS:

1. Resolution approving Sourcewell piggyback purchase.

RESOLUTION NO. _______

RESOLUTION APPROVING SOURCEWELL PIGGYBACK AGREEMENT WITH

NATIONAL AUTO FLEET GROUP FOR THE PURCHASE OF THREE POLICE PATROL VEHICLES IN THE AMOUNT OF $154,358.70
WHEREAS, a piggyback contract can be executed via another entity’s agreement when the items or services have already been bid by other governmental agencies or special cooperative agreements, provided such contracts are the result of competitive bidding, and that the competitive bidding process used and all terms and conditions are substantially the same as the City’s competitive bidding process and terms and conditions; and WHEREAS, the City Council (‘Council’) approved Ordinance 996 C.S. on December 21, 2022, which added Title II Section 4 Purchasing Procedures to City’s Municipal Code; and WHEREAS, Ordinance 996 C.S. allows the City to utilize piggyback purchasing procedures to purchase supplies, equipment, or services without completing the City’s bidding or proposal process, from any supplier who offers the goods or services at the same or better price, terms, and/or conditions as the supplier previously offered to another public; and WHEREAS,staff has conducted a due diligence and determined that a piggyback purchase through Sourcewell best meets the City’s interests.

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

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

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

3. The Council approves the Sourcewell piggyback agreements for purchase of the three Dodge Durango patrol vehicles for $154,358.70 from National Auto Fleet Group (Sourcewell Contract 091521-NAF).

4. The City Manager is authorized to enter into agreements(s) for each of the items listed above, consistent with the material terms of the Sourcewell agreements and California law, and subject to approval as to legal form by the City Attorney.

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

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: October 15, 2025
_________________________________ Agenda Number: ___________ Keith Helmuth, P.E., Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Colett-Martin Subdivision (Tract No. 24-S-02) Final Map and Improvement Agreement and Initiation of Annexation Proceedings into Landscape Maintenance District (LMD) Zone 51 RECOMMENDATION:

Staff recommends that the City Council:

1. Adopt Resolution:
a. Approving the Final Map for the Colett-Martin Subdivision. b. Approving Improvement Agreement for the Colett-Martin Subdivision (Tract No. 24-S-02). c. Authorizing staff to record the Final Map and Improvement Agreement. d. Accepting the Dedication of Land for Public Use.

2. Adopt Resolution Initiating Proceedings Pursuant to the Landscaping and Lighting Act of 1972 for the Annexation of Property into City of Madera Landscape Maintenance District Zone of Benefit 51, to Review the Improvements and Assessments for Fiscal year 2026/27, and Setting a Public Hearing
SUMMARY:

On August 13, 2024, the City’s Planning Commission approved Vesting Tentative Subdivision Map No. (TSM) 2022-02 for the Colett-Martin Subdivision (Project). The first Proposed Resolution relates to approval of the Final Map and the Subdivision Improvement Agreement (Agreement) for the Project. The second Proposed Resolution relates to initiation of proceedings for the annexation to the applicable LMD. Attachment 1 illustrates a Project Location Map.

B-11
Return to Agenda
DISCUSSION:

The Final Map for the Project has been checked and approved by the City Engineer. The Final Map substantially complies with the approved tentative map. Annexation of the Project into LMD Zone of Benefit 51 is one component of the project that must be approved prior to recordation of the Final Map.

Prior to recordation of the Final Map:
 Annexation of the Project into LMD Zone of Benefit 51 shall be completed. A second meeting to complete this process will be scheduled as part of this action.  Annexation of the Project into the City’s Community Facilities District (CFD) shall be completed through a separate action to be presented to the Council.  All taxes shall be paid.
 Bonds and insurance requirements will be provided or as part of an encroachment permit application to construct off-site improvements in advance of the approval of the Agreement.
 Plan Check & Inspection Fees will be provided or as part of an encroachment permit application to construct off-site improvements in advance of the approval of the Agreement.

The Subdivider, KB Home South Bay Inc., a California Corporation, hassigned a Petition (Including Consent and Waiver) Requesting Annexation LMD Zone of Benefit 51 (Attachment 2).

Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15268(b)(3), approval of final subdivision maps is a ministerial action and is exempt from the requirements of CEQA.

FINANCIAL IMPACT:

Parcels within the subdivision will be responsible for participating in the cost of maintaining existing and proposed landscaping in City right-of-way, within the subject zone. As such, there are no financial impacts to the General Fund, unless future costs of landscape maintenance exceed that which cannot be recovered through the Proposition 218 process. Failure of a future Proposition 218 process would result in either a reduction of service, or a potential cost to the General Fund due to increased costs.

In addition to the LMD, this Subdivision will also be included in the CFD that is processed separately from the LMD. Including this subdivision in both districts assists in offsetting any impacts to the City’s General Fund.

ALTERNATIVES:

Not approve one or more items associated with this Staff Report. If Council does not approve the Final Map, the execution of the Agreement and the annexation of the parcels into the existing LMD zone, it would result in the inability to record the Final Map and for the Subdivider to complete the project. Disapproval will require the Council to make certain findings that specific conditions have not been met.

ATTACHMENTS:

1. Project Location Map

2. Petition (Including Consent and Waiver) Requesting Annexation LMD Zone of Benefit 51 Exhibit A – Legal Description

3. Final Map

4. Resolution – Approving Final Map and Agreement
Exhibit A – Improvement Agreement
Exhibit A – Legal Description
Exhibit B – Development Impact Fees
Exhibit C – Engineer’s Estimate

5. Resolution – Initiation of Proceedings for Annexation into Zone of Benefit 51 Exhibit A – Zone of Benefit 51 Location Map
Exhibit B – Property to be Annexed into Zone of Benefit 51 Diagram Exhibit C – Assessment Amounts
Attachment 1
Project Location Map

LOCATION MAP
N
S
W E
Attachment 2
Petition (Including Consent and Waiver) Requesting
Annexation LMD Zone of Benefit 51

Attachment 3
Final Map

SURVEYOR'S STATEMENT

RECORDER'S CERTIFICATE
SHEET 1 OF 3

RECORD TITLE INTEREST STATEMENT
TRACT NO. 24-S-02
.

CITY ENGINEER'S STATEMENT

CITY CLERK'S CERTIFICATE

CITY SURVEYOR'S STATEMENT
PLANNING COMMISSION CERTIFICATE:

THIS PROPERTY IS SUBJECT TO THE FOLLOWING:

LEGAL DESCRIPTION

NOTARY ACKNOWLEDGEMENT
51 6 5 4 3 2 1
22 23
18 19 20 21 24 25 26 27 28
35 34 33 32 31 30 29
41 40
48 39
50 12
11 43 42
17 8
7 9
13 15 16
36 44
10 45 46 47 49
14 37
38 BASIS OF BEARINGS: NORTH D STREET
N
TRACT NO. 24-S-02

ADELL STREET AUSTIN STREET

CARISSA WAY NEBRASKA AVENUE DELLAVALLE AVENUE STACY WAY COLETT DRIVE

CLARK STREET
LEGEND

KENNEDY STREET
PARCEL MAP NO. 666 BK. 18 MAPS PG. 104, MADERA COUNTY RECORDS.

NOT A PART OF THIS SUBDIVISION
SHEET 2 OF 3 BASIS OF BEARINGS
LOT 90 MILLER & LUX BK. 1 MAPS PG. 11, MADERA COUNTY RECORDS. NOT A PART OF THIS SUBDIVISION LOT 89

MILLER & LUX
BK. 1 MAPS PG. 11, MADERA COUNTY RECORDS.

NOT A PART OF THIS SUBDIVISION
RECORD DATA:

LINE TABLE

LOT AREA TABLE

CURVE TABLE
TRACT NO. 24-S-02
SHEET 3 OF 3

LOT LOT LOT

WITNESS CORNER DETAIL FOR FRONT LOT WITNESS CORNER DETAIL FOR REAR LOT

LOT LOT

WITNESS CORNER DETAIL FOR SIDE AND REAR CORNER LOT
CORNER
LOT
LOT
Attachment 4
Resolution
Approving Final Map and Agreement
RESOLUTION NO. 25-___

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

CALIFORNIA, APPROVING THE FINAL MAP FOR THE COLETT-MARTIN SUBDIVISION (TRACT NO. 24-S-02) AND IMPROVEMENT AGREEMENT (AGREEMENT) AND ACCEPTING DEDICATIONS FOR PUBLIC USE
WHEREAS, KB Home South Bay Inc., a California Corporation, (collectively “Subdivider”) has offered for approval a Final Map designated as Tract No. 24-S-02; and WHEREAS, the Planning Commission on August 13, 2024, adopted a negative declaration consistent with Section 15070(a) of the California Environmental Quality Act for the ColettMartin Subdivision as part of Vesting Tentative Subdivision (TSM) 2022-02; and WHEREAS, the Final Map for the Colett-Martin Subdivision, prepared by Gateway Engineering, Inc., for Subdivider has been certified by the City Engineer that all provisions of the law and of Chapter 2 of Title 10 of the Madera Municipal Code have been complied with and that said subdivision as shown is substantially the same as it appears on the tentative map thereof heretofore approved by the Planning Commission of the City of Madera on August 13, 2024; and WHEREAS, prior to the delivery of said map and prior to its recordation, the Owner and Subdivider of said subdivision shall enter into and execute an agreement between the City and said Owner and Subdivider for said subdivision which is on file in the office of the City Clerk entitled, “Improvement Agreement Colett-Martin Subdivision (Tract No. 24-S-02)”, wherein the Subdivider, in consideration of the approval of said map by the City and the acceptance by the City of the dedication of lands for public use therein contained, shall agree to construct and complete within the time specified in said Agreement all street and other improvements required of Subdivider under the provisions of Chapter 2 of Title 10 of the Madera Municipal Code relating to regulations and standards for the subdivision of lands in the City and the preparation of maps thereof, and such street or other improvements designated or mentioned in said Agreement and/or set forth in the plans and specifications for the improvements for the Colett-Martin Subdivision is on file in the office of the City Engineer; and WHEREAS, Subdivider shall, and as a condition precedent to the recordation of said Final Map, furnish to the City and file with the City Clerk a good and sufficient improvement security in a form to be approved by the City Attorney, securing the faithful performance by said Subdivider of all work and the construction of all improvements designated as required in the Improvement Agreement, and also security in form to be approved by the City Attorney securing the payment by said Subdivider of all bills for labor and materials incurred in the construction of any and all said improvements, and the doing of all other work therein agreed to be done by said Subdivider, within the time therein specified, the amount of said improvement securities are to be not less than Three Million Six Hundred Ninety-Six Thousand Nine Hundred Ninety-Three Dollars and Forty Cents ($3,696,993.40), equivalent to that of the Performance Security, Payment Security and Cash Deposit for Correction of Deficiencies combined; and WHEREAS, Subdivider shall, and as a condition precedent to the recordation of said Final Map, furnish to the City and file with the City Clerk certificates or policies of public liability and property damage insurance as required in the Improvement Agreement.

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 and are incorporated by reference.

2. The Final Map for the Colett-Martin Subdivision (Tract No. 24-S-02) is approved.

3. The agreement entitled “Improvement Agreement Colett-Martin Subdivision (Tract No. 24-S-02)” for the construction of improvements for the Colett-Martin Subdivision is approved and attached as Exhibit “A.” A copy of the Agreement shall be kept on file in the office of the City Clerk.

4. The Staff is authorized to record the Final Map and Agreement for the construction of improvements for the Colett-Martin Subdivision (Tract No. 24-S02) subject to receipt of the bonds, insurance, and recordation of the annexation into Landscape Maintenance District Zone of Benefit 51 as required by the Agreement.

5. The dedication of lands for public use is accepted.

6. This resolution is effective immediately upon adoption. * * * * * * * * * * *
Exhibit A
Improvement Agreement

Attachment 5
Resolution
Initiation of Proceedings for Annexation into Zone of Benefit 51 RESOLUTION NO. 25-_____

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

CALIFORNIA INITIATING PROCEEDINGS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE ANNEXATION OF PROPERTY INTO

CITY OF MADERA LANDSCAPE MAINTENANCE DISTRICT (LMD) ZONE OF BENEFIT 51, TO REVIEW THE IMPROVEMENTS AND ASSESSMENTS FOR FISCAL YEAR 2026/2027, AND SETTING A PUBLIC HEARING
WHEREAS, the Landscaping and Lighting Act of 1972 (“Act”) provides and establishes procedures for annexing properties to an existing Landscaping and Lighting Assessment District; and
WHEREAS, the City of Madera Landscape Maintenance District (District) was formed by Resolution No. 91-67, approved June 17, 1991, pursuant to Part 2 of Division 15 of the Streets and Highways Code (Landscape and Lighting Act of 1972), herein the “Act” to levy and collect assessments to cover the cost of maintaining all landscaping, and irrigation systems within the District public right-of-way; and
WHEREAS, not only will annexing this new development into the existing district ensure that all benefitting parcels share equally in the costs to maintain the improvements, but consolidating the benefitting developments into a single assessment district will facilitate their management by the City; and
WHEREAS, the proceedings for the annexation of the aforementioned tracts and public lands to the District are authorized by and will be conducted pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code; and
WHEREAS, pursuant to Streets and Highways Code section 22608, resolutions, reports, notices of hearing, and the right of majority protest may be waived with the written consent of all landowners of the territory to be annexed; and
WHEREAS, KB Home South Bay, Inc., A California Corporation is the landowner of the property proposed for annexation and generally located on the southeast corner of the intersection of Adell Street and North D Street, and which is also known as Colett-Martin Subdivision (Tract No. 24-S-02), whose final map is being concurrently considered by the City Council, as further described or depicted on EXHIBIT A (“Subject Property”) and diagrammed in Exhibit B.; and
WHEREAS, KB Home South Bay, Inc., A California Corporation, has provided a petition for annexation and written consent to waiver of resolutions, reports, notices of hearing, and the right of majority protest regarding the Subject Property, as well as consenting to the amount of the proposed levy for the current fiscal year; and
WHEREAS, as a result, no report by the City Engineer is required to be prepared and filed with the City Clerk which outlines the land to be annexed; and WHEREAS, this City Council now desires to proceed to adopt this Resolution of Intention to declare its intent to annex the Subject Property into LMD Zone of Benefit 51, and to set and specify the levy and collection of assessments, and to set a time and place for a public hearing relating to the annexation of the Subject Property into LMD Zone of Benefit 51.

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 proposes to annex the Subject Property into LMD Zone of Benefit 51 of City of Madera City of Madera Landscape Maintenance District formed by the City Council for the City of Madera per Resolution No. 91-67, approved June 17, 1991, pursuant to Part 2 of Division 15 of the Streets and Highways Code and pursuant to the Landscaping and Lighting Act of 1972 (Section 22500 and following, Streets and Highways Code). The property proposed to be annexed is identified on Exhibit “A” and diagrammed in Exhibit B.

3. The Subject Property proposed to be annexed and to be specifically charged for the improvements shall include all of the land identified on Exhibit “A” and shall be designated part of LMD Zone of Benefit 51.

4. The improvements which are provided for the properties within City of Madera Landscape Maintenance District, and which shall be provided for the property within LMD Zone of Benefit 51 by and through the assessments levied annually thereon shall include the following:
a. The installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands; and
b. The installation or construction of irrigation systems; and c. The maintenance and servicing of any of the foregoing.

5. The City Engineer of the City of Madera is hereby designated the engineer for the annexation proceedings. The City Council finds that the landowner has presented a written consent, and that the engineer is not required to prepare and file with the City Clerk a report in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972 for the annexation proceedings, consistent with the Landscaping and Lighting Act of 1972.

6. The City Engineer is hereby directed to review, and modify the assessments levied against parcels previously within LMD Zone of Benefit 51 district boundaries in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972 for the annexation proceedings, as required by Chapter 2 of Part 2 of Division 15 of the Landscaping and Lighting Act of 1972. The proposed assessments upon the lots and parcels of land are set forth in Exhibit “C.”

7. Notice is given that on December 3, 2025, at the hour of 6:00 p.m., in the regular meeting place of the City Council being the Council Chambers located at 205 W.

Fourth Street, Madera, California 93637, a public hearing will be held where this City Council will consider the authorization for the annexation of the Subject Property into City of Madera Landscape Maintenance District Zone of Benefit 51, the proposed assessment of the levy with the Subject Property and all other matters as set forth in this Resolution of Intention. Pursuant to the petition, all of the landowner(s) within the Subject Property have waived all applicable resolutions, reports, notices of hearing, and the right of majority protest.

At such public hearing, the testimony or protest of all interested persons for or against the annexation of the Subject Property or the imposition of levy of assessments within the Subject Property will be heard.

8. This resolution is effective immediately upon adoption. * * * * * * * * * * * * *
Exhibit A
Zone of Benefit 51 Location Map
CITY OF MADERA MADERA LANDSCAPE MAINTENANCE DISTRICT ZONE LOCATION MAP COUNTY OF MADERA STATE OF CALIFORNIA REV. JUNE 2020 FAIR GROUNDS NTS 241
Exhibit B
Property to be Annexed into Zone of Benefit 51 Diagram
ASSESSMENT DIAGRAM INTO MADERA LANDSCAPE MAINTENANCE DISTRICT - ZONE 51 CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA CITY OF MADERA REV. SEPTEMBER 2025 INCLUSION OF COLETT-MARTIN TRACT 24-S-02 Exhibit C
Assessment Amounts (Sheet 1 of 3)
Lot Owner Assessment Amount
(FY 2026/2027)
1 KB Home South Bay, Inc., A California Corporation $ 7.40 2 KB Home South Bay, Inc., A California Corporation $ 7.40 3 KB Home South Bay, Inc., A California Corporation $ 7.40 4 KB Home South Bay, Inc., A California Corporation $ 7.40 5 KB Home South Bay, Inc., A California Corporation $ 7.40 6 KB Home South Bay, Inc., A California Corporation $ 7.40 7 KB Home South Bay, Inc., A California Corporation $ 7.40 8 KB Home South Bay, Inc., A California Corporation $ 8.70 9 KB Home South Bay, Inc., A California Corporation $ 7.40 10 KB Home South Bay, Inc., A California Corporation $ 7.40 11 KB Home South Bay, Inc., A California Corporation $ 7.40 12 KB Home South Bay, Inc., A California Corporation $ 7.40 13 KB Home South Bay, Inc., A California Corporation $ 7.40 14 KB Home South Bay, Inc., A California Corporation $ 7.40 15 KB Home South Bay, Inc., A California Corporation $ 7.40 16 KB Home South Bay, Inc., A California Corporation $ 7.40 17 KB Home South Bay, Inc., A California Corporation $ 7.40 18 KB Home South Bay, Inc., A California Corporation $ 7.40 19 KB Home South Bay, Inc., A California Corporation $ 7.40 20 KB Home South Bay, Inc., A California Corporation $ 7.40 21 KB Home South Bay, Inc., A California Corporation $ 7.40 22 KB Home South Bay, Inc., A California Corporation $ 7.40 Exhibit C
Assessment Amounts (Sheet 2 of 3)
Lot Owner Assessment Amount
(FY 2026/2027)
23 KB Home South Bay, Inc., A California Corporation $ 7.40 24 KB Home South Bay, Inc., A California Corporation $ 7.40 25 KB Home South Bay, Inc., A California Corporation $ 7.40 26 KB Home South Bay, Inc., A California Corporation $ 7.40 27 KB Home South Bay, Inc., A California Corporation $ 7.40 28 KB Home South Bay, Inc., A California Corporation $ 7.40 29 KB Home South Bay, Inc., A California Corporation $ 7.40 30 KB Home South Bay, Inc., A California Corporation $ 7.40 31 KB Home South Bay, Inc., A California Corporation $ 7.40 32 KB Home South Bay, Inc., A California Corporation $ 7.40 33 KB Home South Bay, Inc., A California Corporation $ 7.40 34 KB Home South Bay, Inc., A California Corporation $ 7.40 35 KB Home South Bay, Inc., A California Corporation $ 7.40 36 KB Home South Bay, Inc., A California Corporation $ 7.40 37 KB Home South Bay, Inc., A California Corporation $ 8.70 38 KB Home South Bay, Inc., A California Corporation $ 7.40 39 KB Home South Bay, Inc., A California Corporation $ 7.40 40 KB Home South Bay, Inc., A California Corporation $ 7.40 41 KB Home South Bay, Inc., A California Corporation $ 7.40 42 KB Home South Bay, Inc., A California Corporation $ 7.40 43 KB Home South Bay, Inc., A California Corporation $ 7.40 44 KB Home South Bay, Inc., A California Corporation $ 7.40 Exhibit C
Assessment Amounts (Sheet 3 of 3)
Lot Owner Assessment Amount
(FY 2026/2027)
45 KB Home South Bay, Inc., A California Corporation $ 7.40 46 KB Home South Bay, Inc., A California Corporation $ 7.40 47 KB Home South Bay, Inc., A California Corporation $ 7.40 48 KB Home South Bay, Inc., A California Corporation $ 7.40 49 KB Home South Bay, Inc., A California Corporation $ 7.40 50 KB Home South Bay, Inc., A California Corporation $ 7.40 51 KB Home South Bay, Inc., A California Corporation $ 7.40

REPORT TO CITY COUNCIL
Council Meeting of: October 15, 2025
Agenda Number: B-12
Keith Helmuth, Department Director
Arnoldo Rodriguez, City Manager
SUBJECT:

Community and Park Facilities Parking Lot Surface Rehabilitation, City Project No. PK-81 CDBG Block Grant
RECOMMENDATION:

Adopt a Minute Order Approving:

1. Acceptance of the Community and Park Facilities Parking Lot Surface Rehabilitation, City Project No. PK-81 CDBG Block Grant

2. Recording of Notice of Completion

3. Release of retention 35 days after the recording of the Notice of Completion SUMMARY:

On July 16, 2025 the City Council (Council) awarded a contract to VSS International, Inc. for Community and Park Facilities Parking Lot Resurface Rehabilitation, City Project No. PK-81 CDBG Block Grant including bid alternates for the parking lots at Mountain Vista School and City Hall (Project) in the amount of $743,120.00. The project is funded from the Community Development Block Grant (CDBG) Program, General fund and contributions from tenants using the Mountain Vista parking lot. The Contractor has completed the Project in accordance with the plans and specifications and as modified by approved change orders.

BACKGROUND:

The work in general consisted of performing surface treatments and pavement rehabilitation for various City parking lots. The work also included grinding and removing deteriorated asphalt pavement, applying new asphalt concrete curb, applying fog sealing, micro-surfacing, crack seal, and filling in potholes to improve the overall pavement condition and extend parking lot service life.

Return to Agenda
Five parking lot locations at various City facilities were selected for improvement along with two additional parking lots included from bid alternates:.
 Pan-American Community Center
 Sunrise Rotary Sports Complex
 Frank Bergon Senior Center
 John W. Wells Youth Center
 Gateway Rotary Park
 Mountain Vista High School – Bid Alternate 1
 City Hall – Bit Alternate 2
A final project inspection were completed by the Engineering, Public Works, and Parks departments, and all work has been completed. Staff recommends acceptance by Council and recording a Notice of Completion.

Table 1 provides a summary of the Project contract costs. Two change orders were processed, which consisted of signage and pavement markings costs and final balancing change orders involving additives or deductive items based on the total work performed versus the total quantity included in the bid item.

Table 1: Final Project Cost Summary
Bidder Base Bid
Bid Alt 1 -
Mountain Vista
School
Bid Alt 2 –
City Hall Total
Original Contract $554,120.00 $132,000.00 $57,000.00 $743,120.00 Change Order #1 -$1,693.44 -$6,036.28 -$8,910.00 -$16,639.72 Change Order #2 $5,801.00 - $1,172.40 $6,973.40
Final Contract Cost $558,227.56 $125,963.72 $49,262.40 $733,453.68 FINANCIAL IMPACT:

The Base Bid portion of the Project was programmed in the CIP FY 25/26 budget for CDBG. Bid Alternate 1 and Bid Alternate 2 were funded through the General Fund and contributions from CAPMC (Community Action Partnership Madera County) and Madera Unified School District for their share of the parking lot. Any unused funding from the General Fund will transfer back to the fund balance for other Project expenses.

ALTERNATIVES:

As an alternative, the Council may reject the Project's Notice of Completion. Rejection of the Notice of Completion willresult in staff’s inability to release retention funds and close the Project.

ATTACHMENTS:

1. Notice of Completion

2. Project Map
Attachment 1
Notice of Completion

Page 1 of 2 ends

Recording Requested by:

City of Madera
And When Recorded, Mail to:

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

NOTICE OF COMPLETION
_____________________________________________________________________________________________________________________ NOTICE IS HEREBY GIVEN THAT:

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

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

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

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

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

Name Address
______________________________________ ___________________________________________

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

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

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

Name Address
______________________________________ ___________________________________________

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

10. The street address of said property is
(If no street address has been officially assigned, insert “none”.) Dated Keith Brent Helmuth, P.E.

City Engineer
________________________________________________
(Signature of Owner named in Paragraph 2)
City of Madera
REV 06/2025

Page 2 of 2 ends

State of California
County of Madera
Keith Brent Helmuth, being duly sworn says: He is the City Engineer of the City of Madera, the corporation that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein described; that he makes this verification on behalf of said corporation; that he has read said notice and knows the contents thereof, and that the facts herein stated are true. (Signature of Officer)
_______________________________________________________ Keith Brent Helmuth, P.E.

City Engineer
State of California
County of Madera
______________________________________________________ (Seal) Alicia Gonzales
City Clerk
The notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy or validity of that document.

Subscribed and sworn to (or affirmed) before me on the ________ day of ________________, ______ by Keith Brent Helmuth, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

REV 06/2025
Attached List of Street Address
Community and Park Facilities Parking Lot Surface Rehabilitation City Project No. PK-81 CDBG Block Grant
• 205 W 4th St - City Hall
• 1901 Clinton St - Mountain Vista High School
• 1901 Clinton St - Sunrise Rotary Sports Complex
• 701 E 5th St - John W. Wells Youth Center
• 703 Sherwood Way - Pan-American Community Center
• 920 N Gateway Dr. - Gateway Rotary Park
• 238 S D St - Frank Bergon Senior Center
Attachment 2
Project Map
Sources: Esri, HERE, Garmin, Intermap, increment P
Corp., GEBCO, USGS, FAO, NPS, NRCAN,
GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri
Japan, METI, Esri China (Hong Kong), (c)
City of Madera
Parking Lot Improvements At Various Locations
Gateway Rotary
Pan-American Community
Sunrise Rotary and Mountain Vista High School
John W. Wells Youth Center
City Hall
Frank Bgeron Senior Center

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: October 15, 2025
_________________________________ Agenda Number: ___________ Giachino Chiaramonte, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Request to Waive City Fees Relating to Madera High School’s Homecoming Parade RECOMMENDATION:

Adopt the Resolution waiving the fees to cover the costs of City fees and services relating to the Madera High School Homecoming Parade in the amount of $2,136 SUMMARY:

Madera High School (MHS) will be holding its Homecoming Parade on October 24, 2025, and has requested the City waive fees relating to the deployment of Police, Public Works, and Engineering services. Historically, the City Council (Council) has recognized this function as a community event and has covered the costs associated with traffic control and clean-up.

DISCUSSION:

MHS has formally requested the City waive all fees associated with Police, Public Works, and Engineering Department services relating to the parade. Services include:
▪ Monitoring alternative traffic patterns to ensure safety ▪ Crowd control
▪ Returning the event area to appropriate standards of cleanliness ▪ Obtaining a special event permit
Each Department is equipped with personnel prepared to provide these services at the direction of Council.

B-13
Return to Agenda
MHS will be required to obtain the required encroachment permits for the use of City streets as part of the parade route. As is City policy, insurance binders (Special Events Insurance) to transfer liability and property damage claims from the City to parade sponsors are to be provided.

FINANCIAL IMPACT:

The cost of providing City services is projected per the following:
▪ Police Department: traffic and crowd control is estimated at $1,378 for five officers on overtime
▪ Public Works: $657
▪ Engineering: $101
It is noted that these figures represent the utilization of Police personnel who will be brought in on overtime. Additionally, the $101 Engineering fee represents the cost of a special event permit to be waived. The total amount being petitioned for Council relief is $2,136.

ALTERNATIVES:

Council may elect to deny the request to waive fees or may request additional information.

ATTACHMENTS:

1. Resolution

2. Request Letter Authored by Madera High School
RESOLUTION NO. 25-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA WAIVING

THE FEES TO COVER THE COSTS OF POLICE, PUBLIC WORKS AND

ENGINEERING SERVICES AND FEES RELATING TO THE MADERA HIGH SCHOOL HOMECOMING PARADE IN THE AMOUNT OF $2,136.00
WHEREAS, on October 15, 2025, the City Council of the City of Madera considered a request by Madera High School to waive the fees to cover costs relating to the Homecoming Parade; and
WHEREAS, Madera High School has planned and organized this annual community event providing citizens of Madera and neighboring areas a place to celebrate; and WHEREAS, the City fees for Police, Public Works, and Engineering are $2,136; and WHEREAS, the City Council finds it is in the best interest of the City to approve the waiver of fees; and
WHEREAS, this request provides a public benefit to the community.

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

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

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

3. The City Council does hereby waive the City fees requested by Madera High School in the amount of $2,136 associated with the Homecoming Parade.

4. This resolution is effective immediately upon adoption. * * * * * * * *
200 South “L” Street, Madera, CA 93637 • (559)675-4444 • Fax (559)675-4531 • [email protected] Robyn Cosgrove, Principal
September 2, 2025
Mayor Gallegos and Members of the City Council,
Please consider this letter as our formal request to be placed on the agenda for your next meeting. The item for consideration is our annual Madera High School Homecoming Parade on Friday, October 24, 2025. Our parade has been a Madera tradition for the last three decades that we wish to continue for the community.

Approximately 700 high school students and 300 elementary students will take part in the parade, which includes the marching band, choir, cheer, football teams, class floats, and alumni. Furthermore, we invite elementary and junior high feeder schools to bring students to watch the parade. Last parade we had over 1000 students in attendance from our feeder programs.

We understand that an event of this magnitude will incur many costs for all parties involved. However, we kindly ask the City of Madera for their continued support with this event by waiving the permit, police, and public works fees that are associated with the MHS Homecoming parade. As in prior years, we will notify residents and businesses of the parade route and road closures. The Coyote family is looking forward to another spirited community event!
Thank you for your consideration of this matter.

Respectfully,
Isaac A. Lopez
Director of Student Activities
675-4444 ext.1380
[email protected]

MADERA UNIFIED

SCHOOL DISTRICT

REPORT TO CITY COUNCIL
Approved by:
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Madera Elks Lodge Fee Waiver Request for the Annual Hoop Shoot Event RECOMMENDATION:

Adopt a Resolution waiving the rental fees of the John Wells Youth Center on November 22, 2025, related to a Hoop Shoot Contest hosted by the Madera Elks Lodge #1918, at an anticipated rental fee of $425
SUMMARY:

The City has received a request from the Madera Elks Lodge #1918 seeking a waiver of rental fees for the use of the John Wells Youth Center (JWYC) to host their annual Hoop Shoot competition.

The event is scheduled for Saturday, November 22, 2025, from 9:00 a.m. to 1:00 p.m., inclusive of setup and cleanup time. The Hoop Shoot competition is a longstanding community tradition organized by the Elks Lodge, promoting youth engagement and physical activity.

DISCUSSION:

The Madera Elks Lodge, through their Hoop Shoot Chair, Cynthia Armiento, has submitted a formal request to use the JWYC for their annual basketball free-throw contest, the Elks National Hoop Shoot. The event is planned for Saturday, November 22, 2025, and aims to foster inclusivity and encourage participation among boys and girls aged 8-13 from diverse backgrounds.

The Madera Elks Lodge provides financial assistance to winners advancing to the next level of the competition. National winners also receive scholarship opportunities, highlighting the event's role in supporting youth development.
for:

Council Meeting of: October 15, 2025
Agenda Number: B-14
Return to Agenda
Additionally, worth noting, is that the Matilda Torres High School girls’ basketball team will be helping with scoring. There will also be several Elks members helping register and interacting with the community and kids.

This report provides details of the request and its alignment with community engagement and youth development initiatives for City Council’s consideration.

FINANCIAL IMPACT:

The applicable costs associated with the rental of JWYC, with the space as requested, are summarized in Table 1, which would be applicable for this rental. Costs are derived from the City of Madera Master Fee Schedule.

Table 1: Estimated Financial Impact Without Fee Waiver
Administrative Fee $25
Deposit $200
Gym $200
Total $425
The total applicable cost for the JWYC rental would be $425.

ALTERNATIVES:

The Council may elect to reject the fee waiver and require the Elks Lodge to remit any associated fees if they wish to rent JWYC for the Hoop Shoot Contest.

ATTACHMENTS:

1. Resolution – Waiving the rental fees of the John Wells Youth Center on November 22, 2025, related to a Hoop Shoot Contest hosted by the Madera Elks Lodge #1918, at an anticipated fee rental of $425

2. Letter of Request
ATTACHMENT 1
Resolution – Waiving the rental fees of the John Wells Youth Center on November 22, 2025, related to a Hoop Shoot Contest hosted by the Madera Elks Lodge #1918, at an anticipated fee rental of $425
RESOLUTION NO. 25-______

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

CALIFORNIA WAIVING THE RENTAL FEES OF THE JOHN WELLS YOUTH CENTER ON NOVEMBER 22, 2025, RELATED TO A HOOP SHOOT CONTEST HOSTED BY THE MADERA ELKS LODGE #1918, AT AN ANTICIPATED FEE RENTAL OF $425
WHEREAS, the City has received a request for the waiver of fees for the rental of the John Wells Youth Center; and
WHEREAS, the request is from the Madera Elks Lodge #1918 (Elks); and WHEREAS, the Elks are looking to host a Hoop Shoot Contest event; and WHEREAS, the request is for rental utilization on Saturday, November 22, 2025, from 9 am – 1 pm, including setup and cleanup time; and
WHEREAS, the estimated fees for the request are calculated based on the City of Madera Master Fee Schedule; and
WHEREAS, the fees for the event are calculated at $425; and WHEREAS, the Elks are still subject to providing insurance documentation for City facility rentals that meet City requirements.

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

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

2. The Council finds that the waiver of fees as set forth in this resolution serves a valid public purpose in that the Madera Elks Lodge is a local community organization, and this event provides the opportunity for youth to engage in a national competition that promotes inclusivity, accessibility, fairness, and the spirit of sportsmanship.

3. The City Council does hereby waive the City fees for Rental Fees of the John Wells Youth Center on the date and time identified, subject to confirmation of insurance.

4. This resolution is effective immediately upon adoption. * * * * * *
ATTACHMENT 2
Letter of Request
MADERA ELKS LODGE #1918
112 West 6th St. PO Box 217
Madera, CA 93639
(559) 673-1918
Dear John C Wells Center,
I would like to start off by thanking Parks &Rec for taking into consideration having the Madera Elks Hoop Shoot at your facility on Nov. 22nd, 2025.

We believe the Elks Hoops shoot promotes inclusivity and encourages participation for boys and girls ages 8-13 from diverse backgrounds. By removing the financial barrier, more people, regardless of their economic status, can engage in the contest and showcase their skills. This not only fosters a sense of community but also provides equal opportunities for individuals to develop their basketball abilities and gain confidence.

Moreover, waving the fee can attract a larger pool of participants, leading to a more competitive and exciting event.

Overall, the Elks Hoop Shoot includes accessibility, fairness, and the spirit of sportsmanship, making the basketball free throw contest more enjoyable and beneficial for all involved. Madera Elks offers financial help to the winners that move on to the next level.

There is also scholarship money for the national winners.

A few further details include the Matilda Torres girls’ basketball team scoring and helping with the event led by Coach V. Varsity Basketball Coach. There will be several Elks members there helping register and interacting with the community and kids.

We sincerely appreciate your consideration.

Respectfully,
Cynthia Armiento, Elks Hoop Shoot Chair
(559) 917-5037
For More info visit: [email protected]
Benevolent and Protective Order of Elks • Grand Lodge /lb Care - /lb Share

REPORT TO CITY COUNCIL
Approved by:
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Madera Unified School District Fee Waiver Request for a Safe Routes to School Event RECOMMENDATION:

Adopt a Resolution waiving rental fees of Maple Court Park on October 21, 2025, related to a Safe Routes to School Event, hosted by Madera Unified School District, at an anticipated rental fee of $275
SUMMARY:

The City has received a request from Madera Unified School District (MUSD) seeking a waiver of rental fees for the use of Maple Court Park, to host a Safe Routes to School Event. The event involves Alpha Elementary and James Madison Elementary school students. Maple Court Park is located off Stadium Road and Maple Street.

MUSD is requesting access to Maple Court Park starting at 5 am to 9 am, inclusive of setup and cleanup time, on October 21, 2025.

DISCUSSION:

MUSD, through its Director of Athletics, Marty Bitter, has submitted a formal request to use Maple Court Park for a Safe Routes to School Event on October 21, 2025. These types of events have been typically known as a Walk to School, taking place at various parks around town, in proximity to schools. These events serve as an opportunity to engage the community, raise awareness of safe walking and biking practices, and encourage more families to choose active transportation to school, where possible.
for:

Council Meeting of: October 15, 2025
Agenda Number: B-15
Return to Agenda
For this request, MUSD is specifically requesting the rental of Maple Court Park, on Tuesday, October 21, 2025, from 5 am to 9 am. Activity stations will start at 6 am for students and families.

The walk to school will start at 7:15 am.

This report provides details of the request and its alignment with community engagement and youth initiatives for City Council’s consideration.

FINANCIAL IMPACT:

The applicable costs associated with the rental of Maple Court Park, with the space as requested, are summarized in Table 1, which would be applicable for this rental. Costs are derived from the City of Madera Master Fee Schedule.

Table 1: Estimated Financial Impact Without Fee Waiver
Administrative Fee $25
Special Event Fee $250
Total $275
The total applicable cost for the Maple Court Park rental would be $275.

ALTERNATIVES:

The Council may elect to reject the fee waiver and require Madera Unified School District to remit any associated fees if they wish to rent Maple Court Park for the Safe Routes to School Event on October 21, 2025.

ATTACHMENTS:

1. Resolution – Waiving the rental fees of Maple Court Park on October 21, 2025, related to a Safe Routes to School Event, hosted by Madera Unified School District, at an anticipated rental fee of $275

2. Letter of Request
ATTACHMENT 1
Resolution – Waiving the rental fees of Maple Court Park on October 21, 2025, related to a Safe Routes to School Event, hosted by Madera Unified School District, at an anticipated rental fee of $275
RESOLUTION NO. 25-______

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

CALIFORNIA, WAIVING THE RENTAL FEES OF MAPLE COURT PARK ON OCTOBER 21, 2025, RELATED TO A SAFE ROUTES TO SCHOOL EVENT,

HOSTED BY MADERA UNIFIED SCHOOL DISTRICT, AT AN ANTICIPATED RENTAL FEE OF $275
WHEREAS, the City has received a request for the waiver of fees for the rental of Maple Court Park; and
WHEREAS, the request is from Madera Unified School District (MUSD); and WHEREAS, MUSD is looking to host a Safe Routes to School event; and WHEREAS, the request is for rental utilization on Tuesday, October 21, 2025, from 5 am – 9 am, including setup and cleanup time; and
WHEREAS, the estimated fees for the request are calculated based on the City of Madera Master Fee Schedule; and
WHEREAS, the fees for the event are calculated at $275; and WHEREAS, MUSD is still subject to providing insurance documentation for City facility rentals that meet City requirements.

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

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

2. The Council finds that the waiver of fees as set forth in this resolution serves a valid public purpose in that the Madera Unified School District is a local education organization, and this event provides the opportunity for students and families to engage in safe walking and biking practices to and from school, where possible.

3. The City Council does hereby waive the City fees for Rental Fees of Maple Court on the date and time identified, subject to confirmation of insurance.

4. This resolution is effective immediately upon adoption. * * * * * *
ATTACHMENT 2
Letter of Request
Madera Unified School District
District Athletics
2401 W Almond Ave
Madera, CA 93637
559.664.8043
DIRECTOR of ATHLETICS

MARTY BITTER
[email protected]

COORDINATOR OF
PHYSICAL ED. & ATHLETICS
Jaime Brown
[email protected]

ADMINISTRATIVE

ASSTISTANT
Cristina Khan
[email protected]
ATHLETIC DlRECTORS
Madera High - John Fernandez
[email protected]
Administrative Assistant
Bianca Ramirez
[email protected]
Madera South - Andrea Devine
[email protected]
Administrative Assistant
Amber Jaurique
[email protected]
Matilda Torres High School
Jordan Murphy
[email protected]
Administrative Assistant
Diana Flores
[email protected]
Thomas Jefferson - Scott Brown
[email protected]
Desmond - Nick Burns
[email protected]
Martin Luther King - Alex Smith
[email protected]

SUPERINTENDENT
Todd Lile
Subject: Request for Fee Waiver for Walk to School Event involving Alpha Elementary School and James Madison Elementary School
Dear City Council Members,
On behalf of the Madera Unified School District, I am writing to formally request a fee waiver for the use of Maple Court Park on October 21 , 2025 for a Safe Routes to School (Walk to School) event involving Alpha Elementary School and James Madison Elementary School.

Walk to School events serve as opportumties to engage the community, raise awareness about safe walking and biking practices, and encourage more families to choose active transportation to school.

Given the educational and community-oriented nature of this event, we kindly ask for your consideration in waiving the associated facility fees. This support would allow us to direct more resources toward enhancing the student experience and ensuring the continued success of educational programs specific to safety, health, and community wellness.

We understand that all fee waiver requests must be presented to the City Council for consideration and are submitting this letter with the required 30-day advance notice for processing and agenda inclusion.

Thank you for your time and support of our students. We greatly appreciate your consideration of this request.

Respectfully,
Marty Bitter, Director of Athletics
Madera Unified School District
W@BELIEVE
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REPORT TO CITY COUNCIL
Approved by:
_________________________________
Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Professional Services Agreement with Mountain Valley Environmental Services, Inc.

RECOMMENDATION:

Adopt a Resolution approving a Professional Services Agreement with Mountain Valley Environmental Services, Inc., for temporary Chief Plant Operator services at the Wastewater Treatment Plant
SUMMARY:

The City has a need for temporary Chief Plant Operator services at the Wastewater Treatment Plant. Staff solicited proposals from qualified firms to provide services and selected Mountain Valley Environmental Services, Inc. (MV Environmental) based on availability and price. An initial Professional Services Agreement was entered into between the City and MV Environmental within the City Manager’s purchasing authority to allow a trial period. At this time, staff is recommending Council approve an agreement for continued temporary Chief Plant Operator services.

DISCUSSION:

The City operates a Wastewater Treatment Plant under regulations set by the State of California.

These regulations require the City to designate a Chief Plant Operator (CPO) who is certified as a Wastewater Treatment Plant Operator Grade IV or V and is professionally qualified to act in the capacity of CPO.

Due to administrative action, the City determined a need for temporary CPO services in April 2025. Staff solicited proposals for temporary CPO services from four (4) qualified firms as summarized in Table 1.

Council Meeting of: October 15, 2025
Agenda Number: B-16
Return to Agenda
Table 1: Temporary CPO Service Proposals
Firm Proposal
Water Talent $145/hour; 40 hours per week due to out-of-area consultant relocating for assignment
Aqua Staffing No response to phone call or follow-up voicemail Webuild No response to email or follow-up phone conversation MV Environmental $125/hour; 40 hours per week for first two weeks then 20-24 hours per week at City Manager’s discretion
Based on the service proposals received, staff entered into an initial Professional Services Agreement with MV Environmental in May 2025 with a not-to-exceed cap of $74,999.00, the City Manager’s authority within the City’s purchasing policy and ordinance. MV Environmental’s performance under the agreement has met the City’s expectations, and at this time staff is recommending Council approve an agreement for ongoing temporary CPO services to continue to address deficiencies at the plant and meet state requirements for staffing.

FINANCIAL IMPACT:

The bill rate for services is $125 per hour, with the work schedule/scheduled hours approved by the City Manager. The need for temporary CPO services was anticipated during budget development and funds are included in the adopted Fiscal Year 2025-26 Operating Budget for these services.

ALTERNATIVES:

Council could direct staff to solicit additional proposals.

ATTACHMENTS:

1. Resolution
a. Exhibit 1 to Resolution: Professional Services Agreement with MV Environmental RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF MADERA AND MOUNTAIN VALLEY ENVIRONMENTAL
SERVICES, INC.

WHEREAS, the City of Madera identified a need to secure temporary Chief Plant Operator services to comply with state regulations for operation of the City’s Wastewater Treatment Plant; and
WHEREAS, staff solicited proposals to provide said services from four (4) qualified firms and received two (2) proposals; and
WHEREAS, after reviewing proposals received, the City Manager determined that Mountain Valley Environmental Service, Inc., had the staffing, expertise, and availability to provide necessary immediate services in the role of temporary Chief Plant Operator; and WHEREAS, an initial agreement was entered into between the City of Madera and Mountain Valley Environmental Services, Inc., dated May 16, 2025, for temporary services not to exceed $74,999.00 in compliance with the City’s purchasing policy and ordinance; and WHEREAS, Mountain Valley Environmental Services, Inc., has met the City’s needs for temporary CPO services under this initial agreement and staff is recommending an agreement to continue said services; and
WHEREAS, an agreement has been prepared between the City of Madera and Mountain Valley Environmental Services, Inc., for professional services that is in the best interests of both parties.

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

1. The above recitals are true and correct.

2. The Agreement for Professional Services between the City and Mountain Valley Environmental Services, Inc., a copy of which is attached hereto as Exhibit 1 and incorporated herein, is approved.

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

CITY OF MADERA

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the 15
th day of October, 2025, by and between
the City of Madera, a municipal corporation of the State of California, hereinafter called “City” and Mountain Valley Environmental Services, Inc., hereinafter called “Consultant.” RECITALS:

A. The City owns and operates a wastewater treatment facility and desires to obtain professional temporary Chief Plant Operator services.

B. Consultant submitted a proposal demonstrating it is a firm specializing in the operation and maintenance of water and wastewater facilities with the necessary experience to provide desired services to the City and entered into a Professional Services Agreement dated May 15, 2025, with a Not-to-Exceed amount of $74,999.00.

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

AGREEMENT

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

2. Services. The City hereby contracts with Consultant to provide Chief Plant Operatorservices herein set forth at the compensation and upon the terms and conditions herein expressed, and Consultant hereby agrees to perform such services for said compensation, and upon said terms and conditions. City hereby authorizes Consultant to commence work immediately upon approval of this agreement.

3. Obligations, duties, and responsibilities of Consultant. It shall be the duty, obligation and responsibility of the Consultant, in a skilled and professional manner, to perform the services in accordance with the Scope of Work identified in Exhibit A. Exhibit A is attached and incorporated by reference. Consultant and City Manager will determine actual hours to be spent on Scope of Work by mutual consent.

4. Compensation.

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

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

4.3. Any billing disputes brought forth by the City must be submitted within fourteen (14) days of the receipt of the billing statement. Such disputes will be submitted by electronic mail (email) to the billing contact provided by Consultant. Billing contact for Consultant:

Tammy Cunningham
Compliance Officer
[email protected]

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

Wendy Silva
Director of Human Resources
[email protected]

5. Term and Termination.

5.1. This Agreement shall be effective beginning on October 15, 2025, after execution by both parties and shall continue in full force and effect unless otherwise terminated by the City or Consultant.

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

Randy Johnson, President
Mountain Valley Environmental Service, Inc.
[email protected]

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

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

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

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

10. Miscellaneous.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

MOUNTAIN VALLEY ENVIRONMENTAL CITY OF MADERA
SERVICES, INC.
______________________________ _______________________________ Randy Johnson Cecelia K. Gallegos
President Mayor
Date: ____________________ Date: ___________________

EXHIBIT A

SCOPE OF WORK
Consultant will be the designated Chief Plant Operator on file with the State of California for the City of Madera Wastewater Treatment Plant (WWTP) located at 13048 Road 21 ½, Madera, CA 93637.

1. Consultant will provide a California Wastewater certified grade 4 or higher operator who will visit the WWTP site as agreed upon between Consultant and City Manager. This operator will be the Chief Plant Operator and responsible for overseeing the operations and maintenance of the City’s WWTP.

2. Consultant will provide oversight, direction and onsite training for City of Madera operators as requested.

3. Consultant shall oversee all required water quality sampling for the influent and effluent as required by the Central Valley Regional Water Quality Control Board (CRWQCB).

4. Consultant shall submit the required Monitoring Reports to the CRWQCB in accordance with the City’s Waste Discharge Order.

5. A Consultant CPO shall be available by phone for consultation by the City during normal working hours and after hours for emergency response, as needed.

6. Consultant will provide troubleshooting and systems evaluation on those issues associated with the daily operations of the City's wastewater treatment systems.

7. Consultant and City Manager may expand the stated scope of work to include additional duties and responsibilities for which Consultant is qualified to provide services. Any additional scope must be agreed upon in writing by both Consultant and City Manager.

EXHIBIT B

FEE SCHEDULE
Consultant will bill City for services based on the fee schedule below. Consultant will provide City at least thirty (30) days’ notice in writing of any proposed changes to the fee schedule.

Labor Price/Hr. Equipment Price
Consulting Service Fee $ 125.00 Backhoe (4 hour minimum) $ 95.00/ Hr.

Service Labor- One Operator Grade 4 $ 110.00 Boom Truck (4 hour minimum) $ 125.00/ Hr.

Service Labor- One Operator Grade 3 $ 100.00 Vac Trailer (4 hour minimum) $ 125.00/ Hr.

Service Labor- One Operator Grade 1 & 2 $ 95.00 Sewer Camera $ 300.00 Maintenance Workers - Lead $ 100.00 Water Pump (Per Day) $ 50.00 Maintenance Workers $ 95.00 Bulk Bleach Delivery Trip Charge w/in 50 miles (Bleach billed separately) $ 40.00
Administrative $ 70.00
Equipment Delivery Fee $ 300.00
Description Price Analysis Description Price
Mileage (per mile) $ 1.25 All sampling prices will vary depending on the Lab that is used.

CDO Service (Basic) (Monthly) $ 300.00 Trip Charge (under 50 miles) $ 65.00 Electronic Annual Report (Minimum) $ 150.00 Trip Charge (per mile over 50) $ 1.25 Consumer Confidence Report (Minimum) $ 350.00
Drought Reporting (Minimum) $ 70.00
Water System Disinfection $ 650.00
Cross-Connection Survey (Minimum) $ 1000.00

EXHIBIT C

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

Minimum Scope and Limits of Insurance:

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

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

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

Proof of Insurance
Consultant shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

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

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

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

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

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

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

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

REPORT TO CITY COUNCIL
Approved by:
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Central Valley Regional Center Fee Waiver Request for the “Passport to the World: Celebrating Our Global Villages” Event
RECOMMENDATION:

Adopt a Resolution waiving the rental fees of the Pan American Community Center on November 8, 2025, related to a “Passport to the World: Celebrating Our Global Villages” event hosted by the Central Valley Regional Center, at an anticipated rental fee of $1,445 SUMMARY:

The City has received a request from the Central Valley Regional Center (CVRC) seeking a waiver of rental fees for the use of the Pan American Community Center (PACC) to host a “Passport to the World: Celebrating Our Global Villages” event. The rental would be scheduled for Saturday, November 8, 2025, from 7:00 a.m. to 5:00 p.m., inclusive of setup and cleanup time. The event will be a free community resource fair.

DISCUSSION:

The CVRC, through its Cultural Diversity Specialist, Natasha Ambriz, has submitted a formal request to use the PACC for the “Passport to the World: Celebrating Our Global Villages” event.

The event is planned for Saturday, November 8, 2025, and aims to be a community resource fair for the community and those who identify as having a developmental disability.

The CVRC is a private non-profit organization that provides services to those with intellectual and developmental disabilities. In an ongoing effort to bring its services to hard-to-serve and underserved areas, CVRC is very interested in hosting the first CVRC vendor fair in the City of Madera at the PACC. The event itself would take place from 10 am to 2 pm. CVRC shared the for:

Council Meeting of: October 15, 2025
Agenda Number: B-17
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event will be a culturally immersive event, which will celebrate the spirit of community diversity and inclusion. CVRC plans to serve food, but no food will be sold.

This report provides details of the request and its alignment with community engagement and CVRC’s initiatives for the City Council’s consideration.

FINANCIAL IMPACT:

The applicable costs associated with the rental of PACC, with the space as requested, are summarized in Table 1, which would be applicable for this rental. Costs are derived from the City of Madera Master Fee Schedule.

Table 1: Estimated Financial Impact Without Fee Waiver
Administrative Fee $25
Gym $715
Multipurpose Room $500
Kitchen Access $135
Early Access $70
Total $1,445
The total applicable cost for the PACC rental would be $1,445.

ALTERNATIVES:

The Council may elect to reject the fee waiver and require CVRC to remit any associated fees if they wish to rent PACC for the “Passport to the World: Celebrating Our Global Villages” event.

ATTACHMENTS:

1. Resolution – Waiving the rental fees of the Pan American Community Center on November 8, 2025, related to a “Passport to the World: Celebrating Our Global Villages” event hosted by the Central Valley Regional Center, at an anticipated rental fee of $1,445

2. Letter of Request
ATTACHMENT 1
Resolution – Waiving the rental fees of the Pan American Community Center on November 8, 2025, related to a “Passport to the World: Celebrating Our Global Villages” event hosted by the Central Valley Regional Center, at an anticipated rental fee of $1,445 RESOLUTION NO. 25-______

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

CALIFORNIA, WAIVING THE RENTAL FEES OF THE PAN AMERICAN COMMUNITY CENTER ON NOVEMBER 8, 2025, RELATED TO A “PASSPORT TO THE WORLD: CELEBRATING OUR GLOBAL VILLAGES” EVENT HOSTED

BY THE CENTRAL VALLEY REGIONAL CENTER, AT AN ANTICIPATED RENTAL FEE OF $1,445
WHEREAS, the City has received a request for the waiver of fees for the rental of the Pan American Community Center (PACC); and
WHEREAS, the request is from the Central Valley Regional Center (CVRC); and WHEREAS, CVRC is looking to host a “Passport to the World: Celebrating Our Global Villages” event; and
WHEREAS, the request is for rental utilization on Saturday, November 8, 2025, from 7 am – 5 pm, including setup and cleanup time; and
WHEREAS, the estimated fees for the request are calculated based on the City of Madera Master Fee Schedule; and
WHEREAS, the fees for the event are calculated at $1,445; and WHEREAS, CVRC is still subject to providing insurance documentation for City facility rentals that meet City requirements.

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

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

2. The Council finds that the waiver of fees as set forth in this resolution serves a valid public purpose in that the Central Valley Regional Center is a local community organization, and this free event provides the opportunity for the community to learn about resources and services available, especially those with intellectual and developmental disabilities.

3. The City Council does hereby waive the City fees for Rental Fees of the Pan American Community Center on the date and time identified, subject to confirmation of insurance.

4. This resolution is effective immediately upon adoption. * * * * * *
ATTACHMENT 2
Letter of Request
CENTRAL VALLEY REGIONAL CENTER INC.

Main Office: 4615 N. Marty • Fresno, California 93722-7818 Phone: (559) 276-4300 - Fax (559) 276-4360
Merced: 3172 M Street - Merced, CA 95348 - Phone: (209) 723-4245 - Fax: (209) 723-2442 Visalia: 5441 West Cypress Avenue - Visalia, CA 93277 - Phone: (559) 738-2200 - Fax: (559) 738-2265 From: Natasha Ambriz
Cultural Diversity Specialist
Central Valley Regional Ceter
3172 M St.

Merced, CA 95348
To: Madera Parks and Recreation
701 E. 5th Street
Madera CA 93638
Subject: Letter of Request Fee Waiver for Community Event To Whom It May Concern,
I am reaching out on behalf of Central Valley Regional Center (CVRC), a private non-profit organization that provides services to those with Intellectual and Developmental Disabilities (I/DD). In our ongoing effort to bringing our services to hard to serve and underserved areas, our agency is very interested in hosting our first CVRC Vendor fair in the City of Madera at your Pan American Community Center.

We have booked our event for November 8
th, 2025 with an event time of 10:00 AM – 2:00 PM.

The event titled Passport to the World will be a culturally immersive event which will celebrate the spirit of community diversity and inclusion. This free event serves to share information about available resources to our served individuals, families and the community. We submit this letter of request for a reduced fee as a 501(c) non-profit. If there are any other documents needed to support this letter, do let me know, but your consideration is truly appreciated.

Please do share with your community the event flyer, and do not hesitate to reach out with any further questions.

With a grateful heart,
Natasha Ambriz
A C~ tral Vall~Regional Center
Ven~or Resource Fair
'. --';~ ·-- i i ~------ -~---~

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: October 15, 2025
Agenda Number: D-1
Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Piggyback purchase agreement for new hydro-excavator
RECOMMENDATION:

Adopt a Resolution ratifying the City Manager’s decision to enter into a Sourcewell piggyback agreement with The Charles Machine Works, Inc. (Ditch Witch Division) for the purchase of a new HX30 hydro-excavator for $80,934.95, and adopt a budget amendment for $84,990 SUMMARY:

The Public Works and Parks Departments perform a substantial amount of excavating throughout the City to maintain and repair a wide range of assets. When using existing equipment, staff must pot hole and expose utility lines by hand to avoid damage to the lines. A Hydro-excavator allows crews to safely and efficiently expose and remove material around these lines without the need for manual digging, reducing staff time and minimizing the risk of inadvertent damage.

The City does not own a Hydro-excavator and staff is proposing the purchase of a trailer mounted hydro-excavation unit, model HX30, from Ditch Witch through a piggyback agreement with Sourcewell. Using a piggyback agreement for this purchase will save both time and cost that would otherwise be incurred should a stand-alone equipment purchase RFP be issued. As this will be a new addition to the equipment fleet, the hydro-excavator’s purchase will require Council approval and a budget amendment.

DISCUSSION:

The City maintains a wide variety of infrastructure throughout the community. Much of this maintenance and repairs require excavating the pavement and dirt down to the wet utilities, electrical cables, or other infrastructure. When excavating, all the interfering and surrounding utilities must be marked and dug out by hand to avoid damage from using heavy equipment.

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Hand digging can be time consuming and difficult depending on the working environment and excavation conditions, such as hard dirt or standing water due to a water or sewer leak.

To facilitate this process, the City Manager authorized the purchase of a trailer mounted hydroexcavator. This unit uses high pressure water to safely dislodge the dirt around the infrastructure and other utilities. Additionally, the Hydro-excavator has a vacuum tank which collects the dirt/debris as it is dislodged from the excavation site. More specifically the unit is equipped with:
 A 500-gallon debris tank
 An 80-gallon water tank
 Vacuum extractor
The operating characteristics of the unit allow for more precise excavation, reduces the amount of material to replace and compact, leaves a smaller repair footprint, and leaves the site much cleaner when repairs are completed. Hand digging is eliminated as the unit not only exposes, but safety removes, material around the utility lines. This reduces employee time and labor as well as reduces employee fatigue and injuries.

The vendor demonstrated the hydro-excavator on September 16, 2025 by excavating a damaged fire hydrant in need of repair. Staff from multiple divisions attended the demonstration, and the consensus was that the equipment would be a valuable addition and is expected to expedite repair work. The HX30A is considered a mid-sized potholing machine and requires a Class C drivers license. It should be noted that the HX30A is no longer being offered by the dealer, who is selling the remaining HX30A units that they possess. The latest hydro-excavator model will require users to have a Class A drivers license to operate. The limited availability of the HX30A and the Class A drivers license requirement for new hydro excavator models were the reasons why the City Manager made the decision to pursue this purchase immediately, subject to ratification of the City Manager’s decision by Council.

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

Staff recommends ratifying the City Manager’s decision to utilize the Sourcewell piggyback purchase agreement contract #110421-CMW (Ditch Witch: Contract 110421-CMW | Sourcewell) for the purchase of a new trailer mounted hydro-excavator from The Charles Machine Works, Inc. - Ditch Witch Division. Cost of this unit will be split between Public Works (Water and Facilities Divisions) and Parks Departments.

FINANCIAL IMPACT:

The purchase of the proposed hydro-excavator would be a new addition to the City and is currently not funded in the Fleet Replacement Fund. As such, Council approval is required to authorize the expenditure through a budget amendment.

The cost of the unit is $80,934.05, including taxes and freight. Staff is recommending using funds at the following contribution percentages:
 Water 90% ($72,840.65)
 Facilities 5% ($4,046.70)
 Parks 5% ($4,046.70)
Water and Facilities will use contingency funds to pay for their shares of the purchase. Because contingency funds are already appropriated in Water and Facilities, no additional budgetary action is needed for their contributions. To cover the Parks Department’s contribution of 5%, a General Fund Unrestricted Fund Balance appropriation will be required through a budget amendment. This budget amendment will also reflect an increase in the Fleet Acquisition Fund’s (Org 3065-0000) budget to make the purchase.

ALTERNATIVES:

As an alternative, Council may direct staff to prepare a Request for Proposal (RFP) to solicit quotes from vendors per item or issue an RFP per item. Either scenario, while feasible, would require staff resources with no certainty that the prices obtained through this alternative process would be better than those obtained through piggybacking.

Another alternative would be to not approve the purchase and continue current excavation practices.

ATTACHMENTS:

1. Resolution approving Sourcewell piggyback purchase

2. Budget amendment

3. Photo of the HX30 hydro-excavator
RESOLUTION NO. _______

RESOLUTION APPROVING A SOURCEWELL PIGGYBACK AGREEMENT WITH THE CHARLES MACHINE WORKS, INC. (DITCH WITCH DIVISION) FOR THE

PURCHASE OF A NEW PUBLIC WORKS HYDRO-EXCAVATOR IN THE
AMOUNT OF $80,934.95 AND APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $84,990 TO FUND THIS PURCHASE
WHEREAS, a piggyback contract can be executed via another entity’s agreement when the items or services have already been bid by other governmental agencies or special cooperative agreements, provided such contracts are the result of competitive bidding, and that the competitive bidding process used and all terms and conditions are substantially the same as the City’s competitive bidding process and terms and conditions; and WHEREAS, the City Council (‘Council’) approved Ordinance 996 C.S. on December 21, 2022, which added Title II Section 4 Purchasing Procedures to City’s Municipal Code; and WHEREAS, Ordinance 996 C.S. allows the City to utilize piggyback purchasing procedures to purchase supplies, equipment, or services without completing the City’s bidding or proposal process, from any supplier who offers the goods or services at the same or better price, terms, and/or conditions as the supplier previously offered to another public; and WHEREAS,staff has conducted a due diligence and determined that a piggyback purchase through Sourcewell best meets the City’s interests; and WHEREAS, the purchase of a hydro-excavator would be beneficial to City operations; and WHEREAS, the purchase of the hydro-excavator was scheduled to be considered by the City Council at their October 1, 2025 meeting; and
WHEREAS, the October 1, 2025 Council meeting was unexpectedly cancelled; and WHEREAS, there was not sufficient time and ability to schedule another Council meeting prior to Council’s next scheduled meeting of October 15, 2025; and WHEREAS, to allow City business to go forward timely, the City Manager, after informing the Council of his intentions, approved the purchase of the hydro-excavator subject to ratification of the Council at its next meeting; and
WHEREAS, a budget amendment is needed to pay for the hydro-excavator.

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

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

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

3. The Council ratifies the City Manager’s decision to use the Sourcewell piggyback agreements for purchase of a trailer mounted Hydro-excavator for $80,934.95 from The Charles Machine Works Inc.- Ditch Witch Division on Sourcewell Contract (Ditch Witch:

Contract 110421-CMW | Sourcewell) #110421-CMW.

5. The budget amendment for $84,990 is approved. The Director of Financial Services is directed to adjust the City’s Fiscal Year 2025/26 Amended Budget in the amount of the approved amendment, as shown in Exhibit A.

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

EXHIBIT A
CITY OF MADERA FISCAL YEAR 2025/26 BUDGET AMENDMENT

FOR HYDRO EXCAVATOR PURCHASE
FUND
ORG
CODE
OBJECT
CODE DESCRIPTION (+) (-)

GENERAL FUND
1020 10206100 4900 Budgetary Carryover $4,046
1020 10206100 6907 Interfund Chg. – Fleet Replace. $4,046

EQUIPMENT FUND
3065 30650000 4351 Interfund Charges 80,944
3065 30650000 7000 Vehicles & Equipment 80,944
TOTALS $84,990 $84,990
Exhibit C: Photos of the Excavator

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: October 15, 2025
Agenda Number:

John Botwright, Water & Sewer
Operations Manager
Arnoldo Rodriguez, City Manager
SUBJECT:

Water Well Preventative Maintenance, Rehabilitation, And On-Call Repair Services RECOMMENDATION:

Adopt a Resolution approving a Contractor Services Agreement with Madera Pumps, Inc., for Water Well Preventative Maintenance, Rehabilitation, And On-Call Repair Services and a Class 1 (Existing Facilities) Categorical Exemption under the California Environmental Quality Act (CEQA) SUMMARY:

On July 28, 2025, the City of Madera released a Request for Proposals (RFP #202526-03) for Water Well Preventative Maintenance, Rehabilitation, and On-Call Repair Services. The RFP sought qualified contractors to provide specialized on-call services that would ensure the City’s municipal water wells remain reliable, safe, and capable of meeting community demand.

The City received three (3) proposals in response to the solicitation. A review committee comprised of staff from Public Works, Engineering, and Finance was convened to evaluate the submittals. The committee applied the evaluation criteria outlined in the RFP, including experience and qualifications, scope of services and scheduling, and references and work quality.

Following this review, the committee determined that Madera Pumps, Inc., submitted the most responsive and responsible proposal and is recommended for award of an agreement. Staff is requesting approval to enter into a Contractor Services Agreement with Madera Pumps for an initial term of two (2) years with the ability to extend an up to an additional two (2) years, for a total potential agreement term of four (4) years.

DISCUSSION:

The City of Madera maintains a system of production wells that provide potable groundwater to residents, businesses, and other critical facilities. Over time, groundwater wells require ongoing D-2
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inspection, preventative maintenance, rehabilitation, and repair of well components to sustain reliable output and meet water quality standards. Declining well performance may result from age, wear and tear, mineral deposits, corrosion, mechanical failures, or bacteriological contamination.

The City relies exclusively on groundwater to serve approximately 66,000 residents, making the maintenance and performance of its wells critical to the safe and consistent delivery of potable water. The City’s water system currently includes eighteen (18) operational municipal wells, with one additional well anticipated to come online during the initial contract term. Each well is equipped with vertical turbine pumps ranging from 150 to 250 horsepower, with well depths between 470 and 610 feet and casing diameters ranging from 14 to 20 inches.

To ensure continued reliability, the City must retain an experienced contractor capable of performing both routine preventative services and urgent, unscheduled repairs. Currently the City does not have an on-call contractor in place for water well maintenance and repair and must obtain quotes each time work is needed. To mitigate service delays caused by this process, the City issued a Request for Proposals (RFP #202526-03), soliciting responses from qualified and experienced firms to provide water well preventative maintenance, rehabilitation, and on-call repair services for the City’s municipal groundwater wells. The RFP was released and posted on the City’s eBidding platform, PlanetBids, on July 28, 2025, with a submission deadline of August 28, 2025. Upon posting, PlanetBids automatically notified 18 vendors currently registered with the City as well maintenance and repair vendors, and an additional 250 vendors registered through other participating agencies on their site. In addition, staff conducted outreach to identify and notify potential proposers, with an emphasis on engaging local businesses. This effort resulted in 39 additional vendors being contacted, 19 of which are based within the City.

Under the proposed agreement, the selected contractor will assist the City in performing preventative maintenance, rehabilitation, and repair services necessary to sustain and optimize the performance of its active municipal wells. Services will be provided on an on-call, as-needed, time-and-materials basis. The initial contract term will be for two (2) years, with the option to extend the agreement for up to two (2) additional one-year periods, contingent upon satisfactory performance and the City’s operational needs.

The scope of work anticipated under this contract includes, but is not limited to:
 Technical consultation on well and pump performance issues  Inspection and evaluation of wells as part of regular review or as a result of identified concerns, including the removal and/or dismantling of equipment as necessary to identify the area of concern
 Repair, installation, rehabilitation, and/or replacement of pumps, motors, well columns and casings, base plates, lube assembly, etc., and the furnishing of parts and labor in conjunction with such work
 Transport and delivery of pumps/motors
 Providing detailed maintenance and repair reports
 Providing recommendations for equipment upgrades or improvements  The work to be completed will be of both a routine nature and emergency response As summarized in Table 1, the City received three (3) qualified bids that were evaluated in accordance with the criteria outlined in the RFP. Madera Pumps, Inc., achieved the highest overall score, demonstrating the strongest alignment with the City’s evaluation factors, including experience, qualifications, and scope of services.

Table 1: Bidder Overview
Bidder Score Rank
Madera Pumps, Inc. 86.00% 1
ZIM Industries, Inc. 66.87% 2
Anderson Pump Company 62.56% 3
Madera Pumps, Inc. is a full-service pump and well services provider based in Madera, California.

The company was established in 1977 to meet local demand for reliable water supply infrastructure during a regional drought. It provides water system services to municipalities, agricultural operations, irrigation districts, and residential customers throughout California’s Central Valley. Madera Pumps offers services including pump sales and repair, efficiency testing, well development and rehabilitation, video well surveying, and electrical services. The company has extensive experience supporting groundwater systems and infrastructure maintenance in the region and has partnered with the City on prior projects such as municipal well rehabilitation or repair work and abandoned well demolition. Based on the results of the RFP evaluation completion, staff recommends Council approve a resolution awarding a contract to Madera Pumps, Inc. for water well preventative maintenance, rehabilitation, and on-call repair services.

While the agreement will award work for well maintenance and repair to a single vendor for the term of the agreement, should the vendor not be able to respond within defined timelines identified in the Scope of Work, the City may exercise the right to contract with other vendors.

ENVIRONMENTAL:

Staff has performed a preliminary environmental assessment of this project and has determined that it falls withing the Categorical Exemption set form in California Environmental Quality Act (CEQA) Guidelines Section 15301 which exempts repair and maintenance projects. Here, the proposed project consists of the ongoing repair, maintenance and rehabilitation of existing municipal water wells, where the facilities will be located on the same site as the original facilities, and will result in negligible or no expansion of use beyond what currently exists. Further, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines Section 15300.2 are applicable to this project.

FINANCIAL IMPACT:

Award of the agreement does not in and of itself incur an expense. The agreement will provide an approved, on-call vendor, with expenses incurred as services are used. During the preparation of the current fiscal year budget, staff allocated funding to support the repair and rehabilitation of up to two municipal wells annually, at an estimated cost of $60,000 to $75,000 per well. A total of $185,000 has been budgeted for water well rehabilitation in the current adopted operating budget, which includes approximately a 20 percent contingency to accommodate unanticipated repairs or additional maintenance needs.

ALTERNATIVES:

Council may choose to reject all bids and direct Staff to issue a subsequent Request for Proposals.

Council may also directstaff to continue with the current process of soliciting bids for each repair and maintenance task.

ATTACHMENTS:

1. Resolution
a. Exhibit A: Contractor Services Agreement

2. Request for Proposals (RFP) NO 202526-03
a. Addendum 1

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

CALIFORNIA, APPROVING A CONTRACTOR SERVICES AGREEMENT WITH MADERA PUMPS, INC., FOR WATER WELL PREVENTATIVE MAINTNANCE,

REHABILITATION, AND ON-CALL REPAIR SERVICES
WHEREAS, the City of Madera maintains a system of production wells that provide potable water to residents, businesses, and critical facilities, serving approximately 66,000 residents; and
WHEREAS, the City’s municipal wells require ongoing preventative maintenance, rehabilitation, and repair services to ensure continued reliability, operational efficiency, and compliance with water quality standards; and
WHEREAS, on July 28, 2025, the City issued a Request for Proposals (RFP No. 202526-03) for Water Well Preventative Maintenance, Rehabilitation, and On-Call Repair Services to secure a qualified contractor capable of performing such work; and WHEREAS, the City received three proposals in response to the solicitation, which were evaluated by a review committee composed of representatives from Public Works, Engineering, and Finance, using the criteria set forth in the RFP; and WHEREAS, based on the evaluation results, Madera Pumps, Inc., achieved the highest overall score and was determined to be the most responsive and responsible proposer, demonstrating superior qualifications, experience, and alignment with the City’s service requirements; and
WHEREAS, Madera Pumps, Inc., is a local firm with extensive experience providing well maintenance and rehabilitation services throughout California’s Central Valley and has successfully performed prior work for the City of Madera; and WHEREAS, the City has prepared a Contractor Services Agreement between the City and Madera Pumps, Inc., for Water Well Preventative Maintenance, Rehabilitation and On-Call Repair Services, which is in the best interests of both parties..

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

1. The above recitals are true and correct.

2. The City has performed a preliminary environmental assessment of this project, and as a result the City Council determines this project falls withing the Categorical Exemption set form in California Environmental Quality Act (CEQA) Guidelines Section 15301 which exempts repair and maintenance projects as the proposed project consists of the ongoing repair, maintenance and rehabilitation of existing municipal water wells where the facilities will be located on the same site as the original facilities and result in a negligible or no expansion of use beyond what currently exists. Further, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines Section 15300.2 are applicable to this project. As such, the City Council adopts a categorical exemption under Guidelines Section 15301 for this project.

3. The City Council of the City of Madera does hereby accept the three bids received for this project, finds that Madera Pumps, Inc., is the most responsive and responsible bidder based on a comprehensive evaluation.

4. The City Council of the City of Madera hereby approves the Contractor Services Agreement with Madera Pumps, Inc., for Water Well Preventative Maintenance, Rehabilitation, and On-Call Repair Services, attached hereto as Exhibit A and incorporated herein.

5. This Resolution is effective immediately upon adoption.

CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF MADERA AND MADERA PUMPS

FOR WATER WELL PREVENTATIVE MAINTENANCE, REHABILITATION, AND ON-CALL REPAIR

SERVICES
This Contractor Services Agreement ("Agreement”) is entered into between the City of Madera, a California general law city (“City”), and Madera Pumps, Inc., ("Contractor”). This Agreement shall be effective on the date signed by City which shall occur after execution by Contractor (“Effective Date”).

RECITALS
A. City has sought, by a Request for Proposals, to select a Contractor to provide Water Well Preventative Maintenance, Rehabilitation, and On-Call Repair services (“Services”).

B. Contractor submitted a proposal for performing the requested services and is engaged in the business of furnishing such services as a contractor and hereby warrants and represents that it is qualified, licensed, and professionally capable of performing the services called for in the Request for Proposals and this Agreement.

C. City has selected Contractor to perform the requested services on the basis of Contractor's demonstrated competence and professional qualifications.

D. City desires to retain Contractor, and Contractor desires to provide City with the Services, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Contractor agree as follows:

AGREEMENT

1. Scope of Services. Contractorshall perform,to the satisfaction of City in accordancewith this Agreement, the Services described in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference. Contractor shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. All services are on an as-needed basis.

2. Commencement of Services; Term of Agreement. Contractor shall commence the Services upon City’s issuance of a written "Notice to Proceed." This Agreement shall be effective on October 15, 2025, after approval by the City Council at a duly scheduled meeting thereof and shall continue in full force and effect through October 15, 2027, unless otherwise terminated earlier by one of the parties pursuant to Section 19 of this Agreement. The term may be extended annually by the City Manager in writing, if extension is limited to term only, and if mutually agreed to at least 60-days in advance of expiration, for a period not to exceed Exhibit A
two (2) additional one-year extensions, by providing such notice to the parties as identified in Section 24 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. (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 partiesshallseek to resolve the disputed items(s) by mutual agreement.
(d) Payment shall be made directly by the City to the Contractor within thirty (30) days of receipt of billing. Billings are to be made directly to the following City contact via email:

John Botwright
Water and Sewer Operations Manager
Email: [email protected]
(e) Any billing disputes brought forth by the City must be submitted within fourteen (14) days of the receipt of the billing statement. Such disputes will be submitted by electronic mail (email) to the billing contact provided by Contractor. Billing contact for Contractor:

Trisha Tolbert , CEO
[email protected]
(f) 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 underthis 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. 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.

8. 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.

9. Payroll Records. The Contractorshall 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.

10. 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.

11. 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.

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 asitsees 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) yearsfrom 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 pursuantto this Agreementshall 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. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Contractor, or any successorsin 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.

18. 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.

19. 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 amountthat 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), Contractor shall: (i) promptly discontinue all Services affected (unless the notice directs otherwise); and (ii) deliver or otherwise make available to the City, without additional compensation, all data, documents, procedures, reports, estimates, summaries, and such other information and materials as may have been accumulated by the 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.

20. 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.

21. Indemnity and Defense. Contractor shall indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers(“City indemnitees”),fromand 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 eventthe City indemnitees are had 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.

22. 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.

23. 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.

24. 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; sent by certified mail, postage prepaid and return receipt requested; or emailed addressed as follows:

CITY: CONTRACTOR:

City of Madera Madera Pumps, Inc.

Attn: Arnoldo Rodriguez Attn: Trisha Tolbert
205 W. 4th Street 11884 Road 29
Madera, CA 93637 Madera, CA 93637
Phone: 559-661-5400 Phone: 559-517-6303
Email: [email protected] 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.

25. Conflict of Interest. Prior to City’s execution of this Agreement, Contractor shall complete a City of Madera Conflict of Interest Disclosure Statement. Said Statement is attached hereto as Exhibit D and incorporated herein by reference. During the term of this Agreement, Contractor shall have the obligation and duty to immediately notify City in writing of any change to the information provided by Contractor on Exhibit D.

22.1. Contractorshall not employ or retain the services of any person while such person either is employed by City or is a member of the City Council, any City commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager if no actual or potential conflict is involved.

22.2. Contractor shall comply with all applicable laws, rules, regulations, and professional canons/requirements governing avoidance of impermissible client conflicts, including without limitation the requirements of the California Political Reform Act (Government Codes Section 87100 et seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et seq.).

22.3. Contractor represents and warrants that as of the effective date hereof, he/she/they represents no client whose interests are adverse to the City's.

22.4. This Section 22 shall survive expiration or termination of this Agreement.

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 ofthis 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 Agreementshall not bemodified 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.

CONTRACTOR NAME CITY OF MADERA
By: By:

Trisha Tolbert, CEO and Owner Cecilia K. Gallegos, Mayor Date: Date:

APPROVE AS TO FORM:

Shannon L. Chaffin, City Attorney
ATTEST:

Alicia Gonzales, City Clerk
Exhibits
Exhibit A - Scope of Work
Exhibit B - Schedule of Compensation
Exhibit C - Insurance Requirements
Exhibit D - Conflict of Interest Disclosure Form

EXHIBIT A

SCOPE OF WORK
The City has the need to conduct preventative maintenance, rehabilitate, repair, rebuild and replace well components when there is a decrease in capacity, age, wear and tear, bacteriological concerns, or other well production issues. The work will generally consist of preventative maintenance, repairs, refurbishment, maintenance, shop work, and field work, including :
 Technical consultation
 Inspection and evaluation of wells as part of regular review or as a result of identified concerns. This may include removal and/or dismantling of equipment as necessary to identify the area of concern.
 Repair, installation, rehabilitation, and/or replacement of pumps, motors, well columns and casings, base plates, lube assembly, etc., and the furnishing of parts and labor in conjunction with such work.
 Transport and delivery of pumps/motors
 Providing detailed maintenance and repair reports
 Providing recommendations for equipment upgrades or improvements The work to be completed will be of both a routine nature and emergency response. The following outlines the Expectations, followed by various Task.

Expectations:

A. Prior to commencement of work, the awarded contractor and the City shall discuss, review, and evaluate well records to recommend possible treatment methods depending on the condition of each well. The Contractor shall submit to the City a detailed proposal including the type of removal and repair, treatment, chemical uses, quantity, duration, man-hours, and cost for final approval.

B. The work includes well pump testing, pulling and installations, water well rehabilitations, well casing removal, repairs and installations, water well video inspections, electric motor repairs at various locations throughout the City and other repairs/maintenance of water wells as may be needed. The Contractor shall provide all necessary equipment, such as, but not limited to, drilling rig, pump rig, flatbed truck, boom truck, tractor trailer necessary to complete the work. For nonemergency repair requests, Contractor will respond within 48 hours.

C. The Contractor is required to provide appropriate tools, equipment, materials, and personnel to successfully complete the repair, rebuilding of motors, reinstallation, cleaning, general maintenance, and disinfection of the wells.

D. Work will be contracted on a time and materials basis. The Contractor shall secure the well site and its equipment throughout the duration of work. The Contractor is also responsible for discharging treated water after rehabilitation of the well into an appropriate drainage system in a manner that complies with the National Pollutant Discharge Elimination System (NDPES) regulations and permits.

E. The Contractor shall assign a responsible representative and an alternate to coordinate with City staff. Any changes in responsible representative must be approved, in advance, by the City. The City will have the right to reject other proposed changes in personnel and may consider any other changes in responsible personnel a breach of contract.

F. Pump Removal/Installation and Servicing: The Contractor shall be qualified to perform water well submersible pump removal and installation.

G. Well Video Survey Service: The Contractor shall be qualified to perform water well video inspections using color video equipment with side scan and down-hole survey views.

Videos shall be produced in electronic MP4 format in standard definition with a pixel resolution of 640 x 480 pixels or at higher resolutions. The ability to perform these surveys at higher resolutions will be given higher consideration.

The video survey unit shall simultaneously transpose the City's name, well name, footage, and the date of inspection on the monitor screen and the video record. A footage counter/recorder shall read in feet and be accurate within 2 percent of the actual footage.

The video survey camera shall be capable of right angle or normal downhole viewing with a change in camera lens or mechanical movement of the camera. At the direction of the City, the Contractor must be able to provide right angle viewing to view any casing section in a direct elevation view.

H. Inspections: The City or its designated representative, shall, at all times, have access to the work and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials and equipment used and employed in the work.

Tasks:

Task 1: Preventive & Routine Maintenance
Work shall mostly consist of a non-emergency, scheduled nature between normal business hours. The work will consist of routine, on-call support to the City in the repair and maintenance of its water wells.

Task 2: Pump Testing
Contractor shall provide pump testing services (Pump efficiency testing) twice annually during fall and spring and as needed and directed by the City. Contractor shall record key well drawdown data including Static Water Level, Pumping Water Level Depth, Maximum Drawdown, Specific Capacity, Pump Capacity, Well Efficiency and optimum Well Drawdown.

The test will be measured by gallons per minute (gpm). Spring testing shall occur during the months of March and April. Fall testing shall occur during the months of October and November.

Task 3: Rehabilitation and Treatment Services
The Contractor shall be qualified to provide well rehabilitation and treatment services.

Contractor shall furnish all portable engine-driven pumps necessary to perform well redevelopment and rehabilitation. Costs for temporary piping, sound proofing, and related equipment require approval by the City’s Public Works Director prior to expenditure.

To perform these tasks, the Contractor shall have the capability to perform mineral analysis, chemical treatment, zone testing, well casing patches, similar casing repairs/improvements, airlifting, mechanical treatment on well screens and casings (dual swab, wire/nylon brush, sonar jetting, etc.). All chemicals used in treating wells shall be State approved for the purpose intended, must be National Sanitation Foundation (NSF) approved.

The Contractor's estimates shall include the typical type and concentration of chemicals (acids, inhibitors, polymers, neutralizers, etc.) to be/used; the appropriate contact time for the chemicals; and the typical procedure for introducing, mixing, and neutralizing chemicals in the well. In addition, the name(s) and phone numbers of any company(ies) that will supply the treatment chemicals shall be provided. Completed Safety Data Sheets (SDS) for all chemicals used shall include the methods of mechanical treatment (dual swab, wire/nylon brush, sonar jetting, etc.).

Task 4: Major Repairs
Contractor shall provide any major pump repairs, overhauls, or direct replacement of pumps that are not included under Tasks 1 through 3, inclusive. Contractor must obtain written approval from the City’s Public Works Director before starting major repairs. Contractor shall be responsible for removing, transporting, repairing/replacing and installing pumps, motors, and related equipment. The Contractor will contact the City to coordinate access to pump stations.

Task 5: Emergency Response
City may request on-call repair or emergency repair services from Contractor at any time of day. The Contractor shall maintain a telephone number for the entire term of the agreement where a designated representative can be reached.

Emergency repair and maintenance may be required at all hours. Contractor will respond to emergency repair requests within 24 hours of notice from the City. If City requests emergency service, the Contractor must perform a site visit within 24 hours of receiving notice from the City and utilize best available options to provide a timely resolution to the issue. If Contractor cannot commence work or fails to respond and visit work site within 24 hours of notice from the City, the City reserves the right to contract with other vendors.

EXHIBIT B

SCHEDULE OF COMPENSATION
Task Description Quantity Unit Unit Price Price
1 Pull Water Well Submersible Pump
(typical 360 ft deep, 10 stage bowl
assembly, 10” discharge & suction line) 1 EA $3,400 $3,400 2 General Video Inspection 1 EA $750 $750
3 Shop Labor Rate 100 HR $65 $6,500
4 Crane Rate (including labor) 100 HR $225 $22,500
5 Machine Labor Rate 100 HR $85 $8,500
6 Steel Wire Brush Perforations 1 EA $2,360 $2,360
7 Airlift Bottom Fill 1 EA $2,360 $2,360
8 Re-Install Pump 1 EA $3,600 $3,600
9 Machine Labor Rate 1 EA $85 $85

EXHIBIT C

INSURANCE REQUIREMENTS
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.

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.

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. Self-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.

EXHIBIT D

DISCLOSURE OF CONFLICT OF INTEREST
YES* NO
1 Are you currently in litigation with the City of Madera or any of its agents?
2 Do you represent any firm, organization or person who is in litigation with the City of Madera?
3 Do you currently represent or perform work for any clients who do business with the City of Madera?
4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Madera, or in a business which is in litigation with the City of Madera? 5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Madera employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project?
* If the answer to any question is yes, please explain in full below.

Explanation:

Signature
(name)
(address)

(city state zip)
Additional page(s) attached.

Request for Proposal No. 202526-03
City of Madera
Water Well Preventative Maintenance, Rehabilitation, And On-Call Repair Services
Date Released: July 28, 2025
Proposals are due August 28, 2025, prior to 4:00 PM.

TABLE OF CONTENTS
I. INTRODUCTION.....................................................................................................................................3 II. MINIMUM QUALIFICATIONS.................................................................................................................3 III. SCOPE OF WORK ...................................................................................................................................3 IV. PROPOSAL REQUIREMENTS ..................................................................................................................7 V. PROPOSAL EVALUATION.......................................................................................................................9 VI. GENERAL INFORMATION ....................................................................................................................11 VII. GENERAL INSTRUCTIONS AND PROVISIONS .......................................................................................12 VIII. INSURANCE REQUIREMENTS FOR CONTRACTORS .............................................................................16 ATTACHMENTS............................................................................................................................................19 I. INTRODUCTION
The City of Madera is soliciting proposals from qualified and experienced firms to provide water well preventative maintenance, rehabilitation, and on-call repair services for the City’s municipal groundwater wells for which City is entirely reliant to provide potable water to approximately 66,000 residents.

The City’s water well equipment includes:
 18 operational municipal wells. One additional municipal water well is anticipated to come online during the initial contract period.
 Vertical turbine pumps ranging in size from 150 to 250 horsepower  Well depths range from 470 feet to 610 feet
 Well casing diameters range from 14 inches to 20 inches For a detailed inventory, please refer to Attachment A, Madera Well and Pump Data.

The selected Contractor will be expected to support the City in maintaining and servicing its active municipal wells. during the initial contract period.

Services under this contract will be provided on an on-call, as-needed, time-and-materials basis.

The initial contract term will be for two (2) years, with the option to extend the agreement for up to two (2) additional one-year periods.

II. MINIMUM QUALIFICATIONS
 All work shall be completed by a water well drilling contractor registered in the State of California and possessing a valid C-57 Well Drillers Contractors License.  Five years’ experience in Municipal Water Well maintenance services, including field and machine repair work.
 Knowledge of methods and techniques used for maintaining municipal water wells.

III. SCOPE OF WORK
The City has the need to conduct preventative maintenance, rehabilitate, repair, rebuild and replace well components when there is a decrease in capacity, age, wear and tear, bacteriological concerns, or other well production issues. The work will generally consist of preventative maintenance, repairs, refurbishment, maintenance, shop work, and field work, including :
 Technical consultation
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 Inspection and evaluation of wells as part of regular review or as a result of identified concerns. This may include removal and/or dismantling of equipment as necessary to identify the area of concern.
 Repair, installation, rehabilitation, and/or replacement of pumps, motors, well columns and casings, base plates, lube assembly, etc., and the furnishing of parts and labor in conjunction with such work.
 Transport and delivery of pumps/motors
 Providing detailed maintenance and repair reports
 Providing recommendations for equipment upgrades or improvements The work to be completed will be of both a routine nature and emergency response. The following outlines the Expectations, followed by various Task.

Expectations:

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E. The Contractor shall assign a responsible representative and an alternate to coordinate with City staff. Any changes in responsible representative must be approved, in advance, by the City. The City will have the right to reject other proposed changes in personnel and may consider any other changes in responsible personnel a breach of contract.

F. Pump Removal/Installation and Servicing: The Contractor shall be qualified to perform water well submersible pump removal and installation.

G. Well Video Survey Service: The Contractor shall be qualified to perform water well video inspections using color video equipment with side scan and down-hole survey views.

Tasks:

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Task 2: Pump Testing
Contractor shall provide pump testing services (Pump efficiency testing) twice annually during fall and spring and as needed and directed by the City. Contractor shall record key well drawdown data including Static Water Level, Pumping Water Level Depth, Maximum Drawdown, Specific Capacity, Pump Capacity, Well Efficiency and optimum Well Drawdown. The test will be measured by gallons per minute (gpm). Spring testing shall occur during the months of March and April. Fall testing shall occur during the months of October and November.

Task 3: Rehabilitation and Treatment Services
The Contractor shall be qualified to provide well rehabilitation and treatment services.

Contractor shall be responsible for removing, transporting, repairing/replacing and RFP 2025226-03 Water Well Preventative Maintenance,
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installing pumps, motors, and related equipment. The Contractor will contact the City to coordinate access to pump stations.

IV. PROPOSAL REQUIREMENTS
These guidelines are provided for standardizing the preparation and submission of Proposal/Proposals by all Contractors. The intent of these guidelines is to assist Contractors in preparation of their proposals, to simplify the review process, and to help assure consistency in format and content. Proposals must be typed and must not include any unnecessary, elaborate, promotional or display materials. Proposals should be clear and concise. Pages must be numbered at the bottom of the page, labeled, and organized in the order listed below.

Proposals shall contain the following information in the order listed:

A. Cover Letter.

The letter should:

1. Introduce the proposing firm.

2. Provide the address of the office where the relationship will be domiciled.

3. Acknowledge review of any published Addenda as of the date of submission.

4. Be signed by an authorized agency officer.

No pricing information should be included in the section. The cover letter shall be addressed to:

Jennifer Stickman, Procurement Services Manager
Finance Department
City of Madera
205 W. 4th Street
Madera, CA 93637
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B. Background and Project Summary
The Background and Project Summary Sections should describe your understanding of the City, the work to be done, and the objectives to be accomplished. Refer to Scope of Work, Section III of this RFP.

C. Qualifications and Experience
Describe the qualifications and experience of the organization or entity performing services/projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Submit a description of the organization’s qualifications, experience and abilities that make it uniquely capable to provide the services specified in the Scope of Work.

D. Key Personnel
Identify the members of the staff who would be assigned to act for Proposer’s firm in key management and field positions providing the services described in the Proposal, and the functions to be performed by each.

E. References
Using the RFP Reference Form in Attachment B, RFP Reference Form, provide a list of at least two current and previous contracts similar to the requirements for City of Madera, including all public agencies served, scope of work performed, date of contract, the length of time you have been providing services, and the name, title, and telephone number of the person who may be contacted regarding your organization’s service record.

F. Cost Proposal
Provide a Cost Proposal using the attached form in Attachment C, Cost Proposal Form.

The cost proposal must be uploaded to the PlanetBids vendor portal separately from the rest of the proposal. Proposals shall be valid for a minimum of 180 days following submission.

G. Proposed Agreement for Services
Identify any requested modifications to the sample agreement for services provided as Attachment D to this RFP. Any change that the Contractor desires to terms of the sample agreement must be clearly specified in the submitted proposal. You must provide a statement of agreement with the attached sample agreement, or recitation of edits required for proposerto execute the contract. Note, however, that the City reserves the right not to modify the sample agreement and award on the basis of the proposer’s willingness to agree to the terms of the sample agreement.

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V. PROPOSAL EVALUATION
Evaluation Process
All proposals will be evaluated by the City’s Selection Committee (Committee). The Committee will be composed of some City staff. Other parties that have expertise or experience in the services described herein may also be members of the Committee. The Committee will review the submittals and will rank the proposers. The evaluation of the proposals shall be within the sole judgment and discretion of the Committee. All contact during the evaluation phase shall only be through the City’s Purchasing Division. Proposers shall neither contact nor lobby evaluators during the evaluation process. Attempts by Proposer to contact members of the Committee may jeopardize the integrity of the evaluation and selection process and risk possible disqualification of Proposer.

The Committee will evaluate each proposal that meets the qualification requirements set forth in this RFP. Proposers should bear in mind that any proposal that is unrealistic in terms of the technical or schedule commitments may be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the City’s requirements as set forth in this RFP.

The selection process may include oral interviews. Vendors will be notified of the time and place of oral interviews and of any additional information that may be required to be submitted.

The City will negotiate with the top ranked firm, as determined by the selection committee. If an agreement cannot be reached with the number one ranked firm, then the negotiations will be terminated, and the firm will be informed in writing. The number two ranked firm will then be invited to enter into the negotiations process.

Evaluation Criteria
Proposals will be evaluated according to each Evaluation Criteria and scored according to Table 1 below. The scores for all the Evaluation Criteria will then be multiplied according to their assigned weight to arrive at a weighted score for each proposal. A proposal with a higherweighted total will be deemed of higher quality than a proposal with a lesser-weighted total.

The Evaluation Criteria Summary and their respective weights are as follows:

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Table 1: Evaluation Criteria Summary
No. Written Evaluation Criteria Weight
1 Experience and Qualifications 30
2 Scope of Services & Scheduling 30
3 References and Work Quality 30
4 Cost Schedule 10
Total: 100

1. Experience and Qualifications. (30 points)
The contractor in general, as well as the General Manager and other key individuals must demonstrate competence to perform these services. Provide licenses and company safety records.

2. Scope of Services & Scheduling (30 points)
Contractor must provide detailed approach to the services outlined in Section III, Scope of Work, including preventative maintenance, emergency response, well rehabilitation, quality control, response times, and scheduling. Additionally, the Contractor must include detailed information on expected response times and scheduling procedures for both routine and emergency services. The proposed plan should demonstrate the Contractor’s ability to maintain service continuity, minimize downtime, and ensure the long-term reliability of the water well systems.

Contractor shall indicate capability to perform necessary tasks, resolve problems, warranty work, timeliness of repairs, and maintain a full-service shop with all the necessary equipment required for well and pump repair and rehabilitation projects.

3. Reference and Work Quality (30 points)
Using the RFP Reference Form in Attachment B, Contractor shall provide at least two work references and show the ability to meet the proposal requirements.

4. Cost Schedule (10 Points)
Using the Cost Proposal Form in Attachment C, provide a fee schedule/pricing information for the project. Proposals shall be valid for a minimum of 180 days following submission.

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VI. GENERAL INFORMATION
The City has attempted to provide all information available. It is the responsibility of each Proposer to review, evaluate, and where necessary, request any clarification prior to submission of a Proposal. Proposers are not to contact other City personnel with any questions or clarifications concerning this Request for Proposal (RFP). The City’s Purchasing Division contact listed on page 7 of this RFP will provide all official communication concerning this RFP. Any City response relevant to this RFP other than through or approved by the City’s Purchasing Division is unauthorized and will be considered invalid.

If clarification or interpretation of this solicitation is considered necessary by City, a written addendum shall be issued, and the information will be posted on the City’s electronic bid management system (PlanetBids) at https://pbsystem.planetbids.com/portal/54016/portalhome. Any interpretation of or correction to this solicitation will be made only by addendum issued by the City’s Purchasing Division. It is the responsibility of each Proposer to periodically check the City’s electronic bid management system to ensure that is has received and reviewed any and all addenda to this solicitation. The City will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information that are disseminated outside of the methods detailed in this section.

Schedule of Events
This Request for Proposal shall be governed by the schedule in Table 2.

Table 2: RFP Schedule*
RFP Release 07/28/2025
Deadline for Written Questions 08/11/2025, 5:00 PM
Response to Questions Posted 08/18/2025
Proposals Due Date and Time 08/28/2025, 4:00 PM
Council Consideration of Award of Contract September
*This schedule is subject to change at the discretion of the City

A. Inquiries
Any questions related to this RFP shall be submitted in writing via the City’s PlanetBids vendor portal at https://pbsystem.planetbids.com/portal/54016/portal-home under the “Q&A” tab, no later than 5:00 PM on August 11, 2025.

No verbal requests or requests made in any other format will be accepted. Questions must be submitted individually and not in a paragraph format nor combined in a single RFP 2025226-03 Water Well Preventative Maintenance,
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submission. All posted questions will be answered in writing and conveyed via written addenda to all Proposers via posting through the City’s PlanetBids vendor portal at https://pbsystem.planetbids.com/portal/54016/portal-home under the “Addenda/Emails” tab.

No questions or inquiries should be directed to any individual(s) at the locations detailed in this document. All inquiries should be submitted in writing per the process described in this document.

B. Submittals
No proposal will be considered for award unless properly and successfully submitted through the City’s PlanetBids vendor portal at:
https://pbsystem.planetbids.com/portal/54016/portal-home Submittals are due no later than 4:00 PM on August 28, 2025.

All required sections, including pricing, shall be submitted via the website. Proposer is solely responsible for “on time” submission of their electronic bid. The bid management system will not accept late bids and no exceptions shall be made. Bidders will receive an e-bid confirmation number with a time stamp from the bid management system indicating their bid was submitted successfully. The City will only receive those bids that were transmitted successfully. Do not fax or e-mail.

In the event you encounter technical difficulties during the uploading process, please contact Planet Bids technical support directly via email at [email protected] or call (818) 992-1771 (M-F from 7:00am to 5:00pm Pacific).

Proposals received after the time and date specified above will be considered nonresponsive and will not be accepted.

VII. GENERAL INSTRUCTIONS AND PROVISIONS
A. Any proposal may be withdrawn at any time prior to the hour fixed for the opening, provided that a request in writing executed by the Proposer, or his/her duly authorized representative, for the withdrawal of such proposal is filed with Purchasing. The withdrawal of a proposal shall not prejudice the right of a proposer to file a new proposal prior to the time and date set for the opening.

B. Unsigned proposals or proposals signed by an individual not authorized to bind the prospective Firm will be considered nonresponsive and rejected.

C. Attention of Proposers is especially directed to the requirements which, in addition to the RFP 2025226-03 Water Well Preventative Maintenance,
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proposal and these instructions, are basis for evaluation and will be part of any agreement with the successful Proposer.

D. The City of Madera recognizes its policy of providing equal opportunity to all qualified persons and reaffirms its commitment that there shall be no discrimination against qualified applicants, or employees on the basis of race, gender, color, national origin, religion, age, disability, sexual orientation, or marital status.

The City is an equal opportunity employer. The City, as well as its recipients, subrecipients, and contractors, will not discriminate in employment practices based on race, color, religious creed, ancestry, national origin, age, sex (includes sexual harassment), pregnancy (childbirth or related medical conditions), marital status, sexual orientation (heterosexuality, homosexuality and bisexuality), medical condition (cancer and genetic characteristics), mental or physical disability (includes HIV and AIDS), political affiliation/opinion, Veteran's status, or request for family medical leave. The City is committed to ensuring that the work environment of City employees and the work environment of employees and volunteers of recipients, subrecipients, and contractors of the City are free from discrimination, harassment, and retaliation. All efforts to provide equal opportunity in employment practices will be made on the basis of merit, efficiency, and fitness consistent with civil service and merit system principles.

Discrimination is prohibited in all aspects of the employment process.

The City, as well as recipients, subrecipients, and contractors, will not discriminate in the delivery of services or benefits based on the above identified bases.

E. The City reserves the right to reject or accept any or all proposals or parts thereof, and to accept or reject the alternatives individually or jointly, for any reason.

F. The City reserves the right to seek supplementary information from any Proposer at any time after official proposal opening and before the award.

G. The City reserves the right to modify this RFP at any time. In the event it becomes necessary to modify or revise the RFP, a written amendment or addenda issued by City’s Purchasing Division is the only method which should be relied on with respect to changes to the RFP. Proposer is responsible for checking the City’s PlanetBids vendor portal prior to submitting a Proposal to determine if any amendments were made to the RFP.

Documents, amendments, addenda, etc. will be posted to the City’s PlanetBids vendor portal at https://pbsystem.planetbids.com/portal/54016/portal-home.

H. This RFP does not commit the City to award a contract, to pay any costs incurred in the preparation of a proposal for this request, or to procure or contract for services. The City reserves the right to accept or reject any or all proposals received as a result of this RFP 2025226-03 Water Well Preventative Maintenance,
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request, to negotiate with any qualified Firm, or to modify or cancel in part or in its entirety the RFP if it is in the best interests of the City to do so. Furthermore, a contract award may not be made based solely on price.

I. Proposals will be evaluated by the City. If a proposal is found to be incomplete or not in compliance with the format required, it will not be considered for evaluation. During the evaluation process, the City may find it beneficial to request additional information.

J. Prior to beginning any work or delivering any equipment or material to be furnished under this proposal, the proposer shall secure the appropriate Business License from the City.

Business license information may be obtained by calling (559) 661-5408.

K. All Federal or State of California License/Certification required to provide the requested services will be required. A Certificate of Insurance in accordance with the Insurance Requirements for Service Providers document included in the RFP in Section VII will also be required prior to award of a contract.

L. An award will be made as soon as reasonably practical after the opening of Proposals.

M. The successful proposer shall enter into a formal agreement with City which will be very similar in content to the Attachment D, Sample Contractor Services Agreement.

Attachment B is provided for information purposes only to help clarify City intent relevant to this RFP as well as general contract requirements of the City.

N. An award under this RFP will not be based solely on the price. If an award is made, it will go to the proposer(s) with the best overall proposal who provides the best value to the City and its residents. The successful proposal will be competitively priced and provide for adequate service to meet the City’s needs.

O. The prospective Firm is advised that should this RFP result in recommendation for award of a contract, the contract will not be in force until it is approved by the City Council.

P. All products used or developed in the execution of any contract resulting from this RFP will remain in the public domain at the completion of the contract.

Q. By submitting a proposal, the prospective Firm certifies that its submission is not the result of collusion or any other activity that would tend to influence the selection process directly or indirectly. The proposal will be used to determine the prospective Firm’s capability of rendering the services to be provided.

R. Pursuant to the California Public Records Act, Government Code Section 6250 and following, public records may be inspected and examined by anyone desiring to do so, at a reasonable time, under reasonable conditions, and under supervision by the custodian RFP 2025226-03 Water Well Preventative Maintenance,
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of the public record. All submitted proposals are subject to the California Public Records Act and may be determined to be public records subject to disclosure, even if the prospective hearing officer claims confidential treatment. The City will disclose public records as required under the California Public Records Act.

Each prospective Firm should be aware that although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City might not be in a position to establish that the information, which a prospective firm submits, is a trade secret. If a request is made for information marked as “confidential” by the prospective firm in their proposal, the City will provide the prospective firm who submitted such information with reasonable notice to allow the firm to seek protection from disclosure by a court of competent jurisdiction.

S. It is the City's policy to encourage the purchase of supplies, services and equipment from vendors located within the boundaries of the City. Local vendors are sellers, vendors, suppliers, and contractors who maintain places of business located within the limits of the City and who have a current City of Madera business license. This shall not apply to those agreements where State or Federal law, or other laws or regulations preclude such a preference.

Firms will, to the greatest extent feasible, attempt to incorporate local area businesses as subcontractors and suppliers. Firms will, upon request, provide records showing the outreach efforts made to local businesses to demonstrate that they have made a reasonable effort to inform local businesses of the opportunity.

T. Any actual or prospective bidder, offeror, or contractor may protest an RFP/RFQual/IFB to the City’s Procurement Services Manager and/or Director of Financial Services by submitting a written appeal within five (5) working days of knowing or reasonably should have known the facts giving rise to the protest, sent via email to [email protected], or mail to Jennifer Stickman, 205 W. 4th Street, Madera, CA 93637, addressing specific issues such as bid contradictions or procurement errors. The Procurement Services Manager and/or Director of Financial Services have the authority to resolve such protests and will provide a written response within five (5) working days unless more time is needed; if the protester is unsatisfied, they may appeal to the City Manager within five (5) business days, and then to the City Council as a final appeal, where they may be heard.

While protests generally halt solicitation proceedings, the City may proceed if the Procurement Services Manager and/or Director of Financial Services determine it's necessary to protect a substantial City interest, and to deter frivolous protests, those who file two (2) unsuccessful protests within twelve (12) months may face debarment from future bids.

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VIII. INSURANCE REQUIREMENTS FOR CONTRACTORS
Without limiting Service Provider’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.

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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.

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.

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

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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.

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City of Madera Purchasing, 205 West 4th Street, Madera, CA 93637 Phone: (559) 661-5463 • Website: www.madera.gov
ADDENDUM NO. 1
August 20, 2025
Re: Request for Proposal (RFP) 202526-03 Water Well Preventative Maintenance, Rehabilitation, and On-Call Repair Services
The foregoing documents are amended in the respects as herein set forth. This addendum and the amendments herein shall become part of said documents and of any contract entered into pursuant to said documents.

1. Proposal due date remains the same: 4:00pm, August 28, 2025

2. Attachments are as follows:

Attachments Number of Pages
Questions and answers through 5:00pm, August 11, 2025 1 Issued by: __________________________________________
Jennifer Stickman
Procurement Services Manager
Acknowledgement of this Addendum No. 1 or a copy of this signed sheet must be included with your proposal submittal.

Company:

Signature:

Acknowledged by:

RFP 202526-03 Water Well Preventative Maintenance, Rehabilitation, and On-Call Repair Services Addendum No. 1, Page 1 of 2
City of Madera Purchasing, 205 West 4th Street, Madera, CA 93637 Phone: (559) 661-5463 • Website: www.madera.gov
Questions and Answers Through 5:00pm, August 11, 2025
Question: Just to be clear, in order to complete this bid i will need to send a cover letter with everything listed on page 6-7? Atachment B (rfp refrence form) and attachment C cost proposal form? basically just labor rates?
Answer: You must submit all items, A through G, in the order listed in section IV. Proposal Requirements beginning on page 7 of the RFP. You must also complete and submit any specified attachments (Attachment B RFP Reference Form and Attachment C Cost Proposal Form).

RFP 202526-03 Water Well Preventative Maintenance, Rehabilitation, and On-Call Repair Services Addendum No. 1, Page 2 of 2

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: October 15, 2025
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
SUBJECT:

Award of Contract and Budget Amendment for the Airport Apron A2 and Hangar Taxilane Rehabilitation Project
RECOMMENDATION:

Adopt a Resolution:

1. Awarding the construction contract for the Apron A2 and Hangar Taxilane Rehabilitation Project to Terra West Construction, Inc. for $2,199,805.00

2. Amending the Fiscal Year 2025-26 Operating Budget, and

3. Adopting a Class 2 (Replacement or Reconstruction) Categorical Exemption under the California Environmental Quality Act (CEQA)
SUMMARY:

On April 22, 2025, the City received 4 bids in response to Invitation for Bids (IFB) No. 202425-24 for contractor services related to the rehabilitation of Apron A2 and hangar taxilanes at the Madera Municipal Airport. The scope of work includes:
 Removal of the existing asphalt surface course and aggregate base course  Recompaction of the existing aggregate base course
 The placement of new asphalt surface course
 New airfield markings in the project area
After evaluation, staff recommends awarding the contract to Terra West Construction, Inc., the lowest responsive and responsible bidder, in the total amount of $2,199,805.00 (Base Bid + Alternate 1 + Alternate 2).

This award is contingent upon the receipt of all Federal Aviation Administration (FAA) grant funding required to finance the project.

D-3
Return to Agenda
DISCUSSION:

The scope of work includes the removal of the existing asphalt surface course and aggregate base course, recompaction of the existing aggregate base course, placement of a new asphalt surface course, and installation of new airfield markings.

The contract time is:
 Base Bid: 25 working days
 Alternate 1: 6 working days
 Alternate 2: 6 working days
 Total Project: 37 working days (excluding one week of asphalt cure time prior to painting)
The figure below illustrates the work areas per the following:
 Purple area: Base Bid
 Red area: Alternate 1
 Green area: Alternate 2
Figure 1: Airport taxi lane and runway highlighting project scope Figure 2: Enlarged view of project area.

This project is identified as Airport Improvement Plan (AIP) No. 3-06-0144-____-2025 and is consistent with the City’s Airport Capital Improvement Plan (ACIP), which is developed in coordination with the FAA and identifies priority projects that maintain airport safety, efficiency, and long-term viability.

To proceed with the project, staff prepared IFB No. 202425-24. The IFB was released on March 19, 2025, with bids due on Tuesday, April 22, 2025. The IFB notice was duly published in the Madera Tribune on Wednesday, March 19, 2025, and again on Wednesday, March 26, 2025. In addition, the IFB was published on the following platforms:
 City of Madera PlanetBids Vendor Portal
 Construction Bidboard (Ebidboard)
 Dodge Data & Analytics
 Placer Country Contractors Association & Builders Exchange  Builders’ Exchange of San Joaquin
 Central California Builders Exchange
 Valley Builders Exchange
Regarding the bidding process, 100 bidders from the City’s online vendor registry were notified. An additional 250 bidders licensed to perform the work identified in the scope of the IFB were notified through PlanetBids. A total of 35 potential bidders downloaded the project bid documents and indicated that they would bid. Bids were ultimately received from four vendors as highlighted on Table 1. The four bids received were evaluated by City staff for responsiveness and cost.

Table 1 shows vendors ranked by cost, with staff recommendation for awarding the contract to Terra West Construction, Inc. being the lowest responsive, responsible bid per the requirements set forth in the project’s contract documents.

Table 1: Bids Received Ranked by Cost (in US $)
Rank Firm Base Bid
Amount
Alternate 1
Amount
Alternate 2
Amount Total Bid Amount
1 Terra West
Construction, Inc. 1,138,480.00 581,575.00 479,750.00 2,199,805.00 2 Granite Construction
Company 1,335,294.90 635,471.50 543,737.50 2,514,449.90 3 Cal Valley Construction,
Inc. 1,474,450.00 619,450.00 509,065.00 2,602,965.00
4 Granite Rock Company 1,512,817.50 748,100.00 564,957.50 2,825,875.00 Engineer’s Estimate 1,239,350 $678,250 $564,220 2,481,820 Terra West Construction, Inc. submitted a bid of $1,138,480 for the base bid, $571,575 for Alternate 1, and $479,750 for Alternate 2, for a total of $2,199,805, which is below the estimated project cost.

On July 16, 2025, the City Council adopted a resolution ratifying FAA grant applications and authorizing the City Manager to accept Airport Infrastructure Grants (AIG) and Airport Improvement Program (AIP) funds for the Madera Municipal Airport. These applications are expected to result in multiple FAA grant awards, including funding for the Apron A2 and Taxilane Rehabilitation Project. The July 16th Council action also authorized pursuit of Caltrans AIP Matching Grants, which will further reduce the City’s local funding requirement. On August 20, 2025, City Council adopted a Resolution authorizing the City Manager to execute all documents required to apply for and accept Caltrans funding for the AIP projects.

ENVIRONMENTAL:

Staff has performed a preliminary environmental assessment of this project and has determined that it falls withing the Categorical Exemption set form in California Environmental Quality Act (CEQA) Guidelines Section 15302 which exempts replacement and reconstruction projects. Here, the proposed project consists of the replacement or reconstruction of existing airport facilities (taxi lane and apron) where the facilities will be located on the same site as the original facilities, and will have substantially the same purposes and capacity as the facilities replaced. Further, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines Section 15300.2 are applicable to this project.

FINANCIAL IMPACT:

Initial budget estimates for the Apron A2 and Taxilane Rehabilitation Project were based on projected construction costs, anticipated consulting fees, and expected grant funding. Since then, the City has received updated information on actual grant awards, which differ from the original estimates. The total contract amount of $2,199,805 is $281,830 below the engineer’s estimate, and total project costs, including the City’s Consultant’s design and project management fees, are $2,478,005. Funding will be provided through three FAA grants, one Caltrans Matching Grant, and a local contribution from the Airport Fund, as detailed in Table 2. Staff notes that the Total Cost column reflects the combined amount of the FAA grant request, local funding, and Caltrans match. It does not reflect the actual FAA award amount, as doing so would create the appearance of reduced overall funding. Staff is currently coordinating with the FAA to correct the identified discrepancy; therefore, this variance should not be reflected in the total project cost.

Table 2: Grant Funding Breakdown (in US $)
Grant
FAA Grant
Request
FAA Amount
Awarded
Local
Funding
Caltrans
Match Total Cost
AIG Taxilane Grant 851,508 587,500 44,816 - 896,324
AIG Apron Grant 323,492 323,492 154,864 - 478,356
AIP Apron Grant 1,048,159 1,048,159 2,758 52,408 1,103,325 Total (Apron &
Taxilane Rehab) 2,223,159 1,959,151 202,438 52,408 2,478,005 As of September 18, 2025, the City has executed three FAA grants related to the Apron and Taxilane Rehabilitation Project. These include:

1. AIG Apron Grant in the amount of $323,492 (executed on September 11, 2025)

2. the AIP Apron Grant in the amount of $1,048,159 (executed on September 18, 2025)

3. AIG Taxilane Grant in the amount of $587,500
Staff notes a discrepancy in the Taxilane Grant, which was expected to total $851,508, creating a funding shortfall of $264,008.

On September 25, 2025, the City emailed the FAA to correct this error. The FAA has indicated that a grant amendment will be prepared to add the remaining $264,008, bringing the total AIG Taxilane Grant funding to $851,508, consistent with the original grant request. The FAA has further confirmed that these funds are available as part of the 2026 grant cycle and may be disbursed as soon as November 2025.

To ensure continuity of the project and secure current pricing, the contractor has formally agreed to extend its bid validity through the end of December 2025, providing sufficient time for the City to receive the amended award and subsequent grant funds. Construction is scheduled to begin in early spring 2026, following the conclusion of winter weather conditions, in order to achieve optimal working conditions.

Table 3 provides a breakdown of revenues and appropriations relating to the Apron A2 and Taxilane Rehabilitation Project. The current operating budget includes initial project estimates for both revenue and expense. However, the total projects cost and grant awards exceed initial estimates. Therefore, a budget amendment is required in order to fully fund this project.

Resolution contemplated herein includes a budget amendment reflecting these increased revenues and project expenses.

Table 3: Budget Amendment Calculations (in US $)
Funding Source Required
Funding
Adopted
Budget
Change to
Budget
Grant/Capital Grant (Object 4450) 2,223,159 1,426,500 796,659 Caltrans Aeronautic Grant (Object 4419) 52,408 71,325 (18,917) Budgetary Carryover (Object 4900) 202,438 87,175 115,263 Total Estimated Revenues 2,478,005 1,585,000 893,005
Construction/Infrastructure (Object 7050) 2,199,805 1,585,000 614,805 Contracted Services (Object 6440) 58,219 - 58,219
Contingency (Object 7050) 219,981 - 219,981
Total Appropriations 2,478,005 1,585,000 893,005
ALTERNATIVES:

If Council chooses not to award the contract to Terra West Construction, it may choose to:

1. Reject all bids and re-advertise the project. This option would allow the City to seek new bids; however, it could extend the project timeline and potentially increase costs. It may also affect the City’s ability to meet FAA funding deadlines.

2. Defer action at this time. Council could postpone the award of contract; however, this may impact the timing of construction and the availability of FAA and Caltrans grant funds, which are allocated within specific fiscal years.

3. Award the Base Bid only (excluding one or both alternates). This approach would reduce immediate project costs; however, may defer necessary pavement restoration work, potentially requiring future rehabilitation. Because the full scope was included in the ACIP and tied to current grant funding, this may limit opportunities for future FAA funding.

ATTACHMENTS:

1. Resolution Awarding IFB IFB No. 202425-24 to Terra West Construction for the Airport Apron A2 and Hangar Taxilane Rehabilitation Project
a. Exhibit A: Construction Agreement
b. Exhibit B: Budget Amendment Sheet
RESOLUTION NO. 25-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, AWARDING IFB NO. 202425-24 TO TERRA WEST
CONSTRUCTION IN THE AMOUNT OF $2,199,805.00 FOR THE
REHABILITATION OF APRON A2 AND HANGAR TAXILANES AT THE

MADERA MUNICIPAL AIRPORT, CONTINGENT UPON RECEIPT OF FEDERAL

AVIATION ADMINISTRATION GRANT FUNDING, AND APPROVING A
BUDGET AMENDMENT OF $911,922 FOR THE SAME
WHEREAS, the City of Madera (“City”) has identified the need to rehabilitate Apron A2 and associated taxilanes at the Madera Municipal Airport to maintain safe and efficient operations; and
WHEREAS, the City of Madera released an Invitation for Bids (IFB) No. 202425-24 calling for the rehabilitation of Apron A2 and Hangar Taxilanes at the Madera Municipal Airport; and WHEREAS, the IFB NO. 202425-24 was released on March 19, 2025; and WHEREAS, the IFB NO. 202425-24 was duly noticed and published accordingly; and WHEREAS, a total of four bids were received as of the published deadline of April 22, 2025; and
WHEREAS, Terra West Construction submitted the lowest responsible bid at $2,199,805.00 (Base Bid + Alternate 1 + Alternate 2); and WHEREAS, the City wishes to enter into a Construction Agreement with Terra West Construction for the completion of the work contingent upon the receipt of Federal Aviation Administration funding; and
WHEREAS, an agreement has been prepared that is in the best interests of the City and Terra West Construction; and
WHEREAS, the City previously adopted a budget including preliminary estimates for project costs, consulting fees, and anticipated grant revenues; and WHEREAS, subsequent to adoption of the budget, the City has received updated information on awarded grant funding from the Federal Aviation Administration (FAA) and Caltrans, which differ from the original estimates; and WHEREAS, the total contract amount awarded for construction is $2,199,805, and total project costs including consultant services are $2,478,005; and WHEREAS, funding for the Apron A2 and Taxilane Rehabilitation Project will be provided through a combination of Federal Aviation Administration grant funding, a Caltrans Matching Grant, a local contribution from the Airport Fund; and
WHEREAS, the City of Madera has executed three Federal Aviation Administration (FAA) grants in support of the Apron and Taxilane Rehabilitation Project, including the AIG Apron Grant in the amount of $323,492, the AIP Apron Grant in the amount of $1,048,159, and the AIG Taxilane Grant in the amount of $587,500; and
WHEREAS, staff has identified a discrepancy in the AIG Taxilane Grant, as City records reflect an anticipated award of $851,508, resulting in a funding deficit of $264,008; and WHEREAS, on September 25, 2025, the City submitted a request to the FAA to correct this discrepancy, and the FAA has indicated that a grant amendment will be prepared to add $264,008 to the Taxilane Grant, bringing the total award to $851,508, consistent with the City’s original request; and
WHEREAS, the FAA has further confirmed that the additional $264,008 is available as part of the 2026 grant cycle and may be disbursed as soon as November 2025; and WHEREAS, in order to secure current project costs and ensure continuity of the Apron and Taxilane Rehabilitation Project, Terra West Construction has formally agreed to extend the validity of its bid through December 2025, thereby providing sufficient time for the City to receive the amended award and associated grant funds; and
WHEREAS, the adopted budget does not include sufficient appropriations to fully fund the updated project costs and revenues; and
WHEREAS, a budget amendment in the amount of $911,922 is required to reflect the increased revenues and expenses associated with this project; and WHEREAS, approval of this budget amendment will ensure the City’s compliance with grant requirements and allow timely completion of the Apron A2 and Taxilane Rehabilitation Project.

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

1. The above recitals are true and correct.

2. The City has performed a preliminary environmental assessment of this project, and as a result the City Council determines this project falls withing the Categorical Exemption set form in California Environmental Quality Act (CEQA) Guidelines Section 15302 which exempts replacement and reconstruction projects as the proposed project consists of the replacement or reconstruction of existing airport facilities (taxi lane and apron) where the facilities will be located on the same site as the original facilities, and will have substantially the same purposes and capacity as the facilities replaced. Further, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines Section 15300.2 are applicable to this project. As such, the City Council adopts a categorical exemption under Guidelines Section 15302 for this project.

3. The City Council of the City of Madera does hereby accept the four bids received for this project, finds that Terra West Construction is the lowest responsive and responsible bidder, and contingent upon the receipt of Federal Aviation Administration funding for the project, awards a construction contract for the IFB NO. 202425-24 Rehabilitation of Apron A2 and Hangar Taxilane at the Madera Municipal Airport Project in the amount of $2,199,805.00 to Tera West Construction. Said contract is attached hereto as Exhibit A and incorporated herein.

4. The budget amendment for $911,922 is approved. The Director of Financial Services is directed to adjust the City’s Fiscal Year 2025/26 Amended Budget in the amount of the approved amendment, as shown in Exhibit B.

5. This Resolution is effective immediately upon adoption. *******
Exhibit A: Construction Agreement

CONSTRUCTION AGREEMENT
IFB 202425-24 Rehabilitate Apron A2 and Hangar
Taxilanes Madera Municipal Airport, AIP 3-06-0144-___-2025 This Construction Agreement (“Agreement”) is made between the City of Madera, hereinafter called “OWNER” or “CITY” and Terra West Construction, Inc., doing business as a corporation, hereinafter “CONTRACTOR” and collectively called “Parties.” The Agreement is effective on the last date signed by the Parties at the end of this Agreement.

WITNESSETH: The Parties agree as follows:

1. Project. The CONTRACTOR shall commence and complete all WORK required for the “IFB 202425-24 Rehabilitate Apron A2 and Hangar Taxilanes Madera Municipal Airport, AIP 3-06-0144-___-2025.”

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

2. Commencement of Work; Term of Agreement. The CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS within ten (10) calendar days after the date of the NOTICE TO PROCEED, as agreed upon by OWNER and CONTRACTOR during the pre-construction meeting and will complete the same within thirty seven (37) working days, consisting of twenty five (25) working days for the Base Bid, six (6) working days for Alternate 1, and six (6) working days for Alternate 2, beginning on date of written Notice to Proceed. No working days will be charged for one week of AC cure before paint.

The CONTRACTOR shall submit a Payment Bond and Performance Bond in the amount of $2,199,805.00, each and Insurance Certificates as specified in the CONTRACT DOCUMENTS prior to commencing any WORK within fifteen (15) working days after being notified of the award of the contract, and before OWNER executes this AGREEMENT.

This Agreement shall be effective on October 15, 2025, after approval by the City Council at a duly scheduled meeting thereof.

4. The Contract Amount. OWNER agrees to pay, and CONTRACTOR agrees to accept, the sum not to exceed $2,199,805.00 (Base Bid + Alternate 1 + Alternate 2) (“Contract Price”) subject to adjustments for changes in work as may be directed in writing by OWNER as payment in full for the WORK described in the CONTRACT DOCUMENTS. WORK performed at unit prices proposed in the CONTRACT DOCUMENTS will be paid based on actual quantities of work performed and accepted.

5. Contract Documents. The CONTRACTOR shall commence and complete all WORK required in accordance with the following CONTRACT DOCUMENTS, attached thereto and incorporated herein as Exhibits A through G:

A. CONTRACTOR Complete Bid as Submitted on April 22, 2025 B. Addenda No. 1, dated 04/07/2025
C. Addenda No. 2, dated 04/10/2025
D. Addenda No. 3, dated 04/15/2025
E. Insurance Requirements for Contractors as specified in IFB F. IFB 202425-24 Rehabilitate Apron A2 and Hangar Taxilanes Madera Municipal Airport, AIP 3-06-0144-___-2025
G. Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects (Division III Federal Provisions, Part C) H. General Wage Decision CA 20220018

6. Liquidated Damages. In the event the CONTRACTOR fails to complete the WORK within the time specified in Section 3, or within such additional time as may be granted by written change order or formal extension authorized by the OWNER, the CONTRACTOR shall pay to the OWNER liquidated damages in the amount of three thousand dollars ($3,000) per calendar day for each and every day that completion of the WORK extends beyond the required completion date.

Requests for additional time must be submitted in writing to the OWNER within ten (10) calendar days after the occurrence of the event giving rise to the delay and shall include a detailed explanation of the cause and duration of the delay. No extension of time shall be effective unless approved in writing by the OWNER.

The CONTRACTOR acknowledges that actual damages to the OWNER from such delay would be impracticable or extremely difficult to determine and agrees that the liquidated damages specified herein represent a fair and reasonable estimate of such damages and are not a penalty.

7. Payment to Contractor. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. For any moneys earned by the CONTRACTOR and withheld by the OWNER to ensure the performance of the Contract, the CONTRACTOR may, at his request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Division 2, Part 5, Section 22300 of the Public Contract Code of the State of California.

8. Disputes. In the event of a dispute between the OWNER and the CONTRACTOR as to an interpretation of any of the specifications or as to the quality or sufficiency of material or workmanship, the decision of the OWNER shall for the time being prevail and the CONTRACTOR, without delaying the job, shall proceed as directed by the OWNER without prejudice to a final determination by negotiation, arbitration by mutual consent or litigation, and should the CONTRACTOR be finally determined to be either wholly or partially correct, the OWNER shall reimburse him for any added costs he may have incurred by reason of work done or material supplied beyond the terms of the contract as a result of complying with the OWNER’S directions as aforesaid. In the event the CONTRACTOR shall neglect to prosecute the work properly or fail to perform any provisions of the CONTRACT, the OWNER, after three days written notice to the CONTRACTOR, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due to the CONTRACTOR, subject to final settlement between the parties as in this paragraph herein above provided.
8A. Claims Resolution Process For Disputes.

It is the intent of this Contract that disputes regarding the Contract be resolved promptly and fairly between the Contractor and the Owner. However, it is recognized that some disputes will require detailed investigation and review by one or both parties before a determination and resolution can be reached. For the protection of the rights of both the Contractor and the Owner, the following provisions are provided for the resolution of disputes which cannot be resolved by the Owner and the Contractor within three business days after either party gives verbal notice of dispute or potential dispute to the other’s attention and prior to the commencement of such work.

The following provisions are intended by Contractor and Owner to comply with Public Contract Code Sections 9204 and 20104 et. Seq.

A. Claims:

The term “claim” refers to a separate demand by Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
i.A time extension, including, without limitation, for relief from damages or penalties for delay assessed by Owner under this Contract. ii.Payment by the Owner of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled.
iii.Payment of an amount that is disputed by the Owner.

B. The Claim Must Be Timely and in Writing:

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

C. Receipt of Claim by Owner:

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

Upon receipt of a claim, Owner and Contractor may, by mutual agreement, extend the time period provided in this section.

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

D. City Council Approval:

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

E. Payment of Claim:

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

F. Meet and Confer:

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

Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the Owner shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the Owner and the Contractor sharing the associated costs equally. The Owner and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing.

If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

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

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

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

G. Filing a Government Code Written Claim Notice:

Following the meet and confer conference, if the claim or any portion remains in dispute, the Contractor may file a claim under the Torts Claims Act as provided in Chapter 1 (commencing with Section 900) and Chapter 2 commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code Section 900.

H. Owner’s Failure to Respond to Claim:

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

I. Interest:

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

J. Subcontractor Claims:

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

K. Filing of Action on Unresolved Claims:

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

9. No Discrimination in Employment. Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical conditions, marital status, or sex of such persons except as provided in Section 12940 of the Government Code, and every contractor for public works violating this section is subject to all the penalties imposed for by violation of this chapter”.

10. Workers Compensation. In accordance with the provisions of Article 5, Chapter l, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part l, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the CONTRACTOR is required to secure the payment of compensation to his employees and shall for that purpose obtain and keep in effect adequate Worker’s Compensation Insurance.

The undersigned CONTRACTOR is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against Liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the WORK of this Agreement.

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

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

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

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

14. Apprentices. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the California Labor Code concerning the employment of apprentices by the CONTRACTOR or any SUBCONTRACTOR. It is the CONTRACTOR’S responsibility to ensure compliance by both it and all SUBCONTRACTORS.

Section 1777.5 provides, in part, as follows:

The CONTRACTOR or SUBCONTRACTOR, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeyman stipulated in the apprenticeship standards. Upon proper showing by the CONTRACTOR that he employs apprentices in the craft or trade in the State on all of his/her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor classification, one apprentice for each five journeyman, the Division of Apprenticeship Standards may grant a certification exempting the CONTRACTOR from the one (1) to five (5) hourly ratio as set forth in this section. This section shall not apply to contracts of general CONTRACTORS or to contracts of specialty contractors not bidding for work through a general or prime CONTRACTOR, when the contracts of general CONTRACTORS, or those specialty CONTRACTORS involve less than thirty thousand dollars ($30,000). Any work performed by a journeyman in excess of eight hours per day or forty (40) hours per week shall not be used to calculate the hourly ratio required by this section.

Apprenticeable craft or trade, as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a CONTRACTOR from the 1 to 5 ratio set forth in this section when it finds that any one of the following conditions is met:
a. In the event unemployment for the previous three-month period in such area exceeds an average of 15 percent, or
b. In the event the number of apprentices in training in such area exceeds a ratio of 1 to 5, or
c. If there is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis, or If assignment of an apprentice to any work performed under a public works contract would create a condition which should jeopardize his life or the life, safety, or property of fellow employees, or the public at large or if the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.

When such exemptions are granted to an organization which represents contractors in a specific trade from the 1 to 5 ratio on a local or statewide basis the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards.

The CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in apprenticeable trade on such contracts and if other contractors on the public work site are making such contributions. The CONTRACTOR, and any SUBCONTRACTOR under him, shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices. Information relative to number of apprentices, identifications, wages, hours of employment and standards of working conditions shall be obtained from the Division of Apprenticeship Standards. Consult the white pages of your telephone directory under California, State of, Industrial Relations, Apprenticeship Standards, for the telephone number and address of the nearest office. Willful failure by the CONTRACTOR to comply with the provisions of Sections 1777.5 will subject the CONTRACTOR to the penalties set forth in Section 1777.7 of the Labor Code.

15. Hours of Work. Pursuant to California Labor Code Section 1813, eight hours in any one calendar day and forty (40) hours in any calendar week shall be the maximum hours any worker is required or permitted to work, except in cases of extraordinary emergency caused by fires, flood, or danger to life and property or except as authorized under the overtime provisions in California Labor Code 1815.

Overtime and shift work may be established as a regular procedure by the CONTRACTOR with reasonable notice and written permission of the OWNER. No work other than overtime and shift work established as a regular procedure shall be performed between the hours of 6:00 P.M. and 7:00 A.M. nor on Saturdays, Sundays or holidays except such work as is necessary for the proper care and protection of the work already performed or in case of an emergency.

CONTRACTOR agrees to pay the costs of overtime inspection except those occurring as a result of overtime and shift work established as a regular procedure. Overtime inspection shall include inspection required during holidays, Saturdays, Sundays, and weekdays. Costs of overtime inspection will cover engineering, inspection, general supervision, and overhead expenses which are directly chargeable to the overtime work. CONTRACTOR agrees that OWNER shall deduct such charges from payments due the CONTRACTOR.

16. Subcontracting. The CONTRACTOR shall comply with Division 2, Chapter 4, Part 1 of the Public Contract Code relating to subletting and subcontracting, specifically included but not limited to Sections 4104, 4106, and 4110, which by this reference are incorporated into this Agreement as though fully set forth herein.

17. Change Orders. The CONTRACTOR and the OWNER agree that changes in this Agreement or in the work to be done under this Agreement shall become effective only when written in the form of a change order and approved and signed by the OWNER or the Owner’s Designated Project Manager and the CONTRACTOR. It is specifically agreed that the OWNER or the Owner’s Designated Project Manager shall have the right to request any alterations, deviations, reductions or additions to the contract or the plans and specifications or any of them, and the amount of the cost thereof shall be added to or deducted from the amount of the contract price aforesaid by fair and reasonable valuations thereof.

This Agreement shall be held to be completed when the work is finished in accordance with the original plans and specifications as amended by such changes. No such change or modification shall release or exonerate any surety upon any guaranty or bond given in connection with this contract.

18. Indemnification. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the sole active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation, reasonable legal counsel fees, expert fees, and all other costs and fees of litigation.

The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees, and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

Contractor agrees to obtain or cause to be obtained executed defense and indemnity agreements with provisions identical to those set forth in this Section from each and every Subcontractor and Subconsultant, of every Tier. In the event the Contractor fails to do so, Contractor agrees to be fully responsible to provide such defense and indemnification according to the terms of this Section.

19. Insurance. Contractor must comply with the insurance requirements as described in Exhibit E, Insurance Requirements for Contractors.

20. Amendments. Any changes to this Agreement requested by either City or CONTRACTOR may only be effected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. This Agreement shall not be modified or amended or any rights of a party to it waived except by such writing.

21. Termination.

A. Termination of the Contract for Default.

1. General: If, prior to the acceptance of the Work, the CONTRACTOR:
a. Becomes insolvent, assigns its assets for the benefit of its creditors, or is otherwise financially unable to complete the Work; b. Abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
c. Disregards written instructions from the City Engineer or materially violates provisions of the Contract Documents; d. Fails to prosecute the Work according to the schedule approved by the City;
e. Disregards laws or regulations of any public body having jurisdiction; or
(f) Commits continuous or repeated violations of regulatory or statutory safety requirements, then the OWNER will consider the Contractor in default of the Contract.

2. Notices: Notices and other written communications regarding default between the CONTRACTOR, the OWNER, and the SURETY shall be transmitted as follows:
a. Personal delivery with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor’s authorized representative at the Work site; or
b. Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.

Simultaneously, the OWNER may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.

3. Notice to Cure: The OWNER will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within 5 Working Days after receipt.

4. Notice of Termination for Default: If the Contractor fails to commence satisfactory corrective action within 5 Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, then the Owner will recommend to the City Council that the Contractor be found in default of the Contract and upon such finding by the City Council will terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety;
The provisions of this subsection shall be in addition to all other legal rights and remedies available to the Owner.

5. Responsibilities of the Surety: Upon receipt of the written notice of termination for default, the Surety shall immediately assume all rights, obligations, and liabilities of the Contractor under the Contract. If the Surety fails to protect and maintain the Work site, the Owner may do so, and may recover all costs incurred. The Surety shall notify the Owner that it is assuming all rights, obligations, and liabilities of the Contractor under the Contract and all money that is due, or would become due, to the Contractor shall be payable to the Surety as the Work progresses, subject to the terms of the Contract.

Within 15 Working Days of receipt of the written notice of termination for default, the Surety shall submit to the Owner a written plan detailing the course of action it intends to take to remedy the default. The Owner will review the plan detailing and notify the Surety if the plan is satisfactory. If the Surety fails to submit a satisfactory plan, or if the Surety fails to maintain progress according to the plan accepted by the Owner, the Owner may, upon 48 hours written notice, exclude the Surety from the premises, take possession of all material and equipment, and complete the Work in any way the Owner deems to be expedient. The cost of completing the Work by the Owner shall be charged against the Surety and may be deducted from any monies due, or which would become due, the Surety. If the amounts due under the Contract are insufficient for completion, the Surety shall pay the Owner, within 30 Days after the Owner submits an invoice, all costs in excess of the remaining Contract Price.

6. Payment: The Surety will be paid for completion of the Work in accordance less the value of damages caused to the Owner by the acts of the Contractor.

B. Termination of the Contract for Convenience.

The OWNER may terminate the Contract if it becomes impossible or impracticable to proceed, or because of conditions or events beyond the control of the OWNER.

1. Notice: The Owner will issue a written notice of termination for convenience as follows:

Personal delivery, with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor’s authorized representative at the Work site; or Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.

Simultaneously, the Owner may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.

2. Cessation of Work: Upon receipt, the Contractor shall immediately cease work, except work the Contractor is directed to complete by the Engineer or required to complete for public safety and convenience. The Contractor shall immediately notify Subcontractors and suppliers to immediately cease their work.

3. Payment: The Contractor will be paid without duplication for:
(a) Work completed in accordance with Contract Documents prior to the effective date of termination for convenience;
(b) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers, and others; and
(c) Reasonable expenses directly attributable to termination.

Notice of termination shall be mailed to the City:

Arnoldo Rodriguez
City of Madera
205 West 4th Street
Madera, CA 93637
Notice of Termination shall be mailed to the Contractor:

Luis V. Garcia
Terra West Construction, Inc.
1030 Gettysburg Avenue, Suite 107
Clovis, CA 93611
All notices and communications from shall be to City's designated Project Manager or Principal-In-Charge. Verbal communications shall be confirmed in writing. All written notices shall be provided and addressed as soon as possible, but not later than thirty (30) days after termination.

Either party may update their contact information, including but not limited to mailing address, at any time by providing written notice to the other party in accordance with the notice provisions set forth in this Agreement. Such updates shall take effect upon the other party's receipt of the written notice unless a later effective date is specified in the notice.

22. Warranty. Contractor warrants to OWNER that all materials and equipment furnished shall be new, free from faults and defects and of good quality and conform to the requirements of the Contract Documents. Contractor hereby warrants its work against all deficiencies and defects for the period required by the Contract Documents or the longest period permitted by California Law, whichever is greater. Unless otherwise stated in the Contract Documents, warranty periods shall begin upon the filing of the Notice of Completion and shall be for one year.

This section shall not limit OWNER’s rights under this Agreement or with respect to latent defects, gross mistakes, or fraud. OWNER specifically reserves all rights related to defective work, including but not limited to defect claims pursuant to California Code of Civil Procedure section 337.15.

23. Compliance with Laws. City shall at all times observe and comply, and shall cause all of its agents, subcontractors, and employees to observe and comply with all with all Federal, State, and local laws, ordinances, regulations, and provisions applicable in the performance of City’s services. Wherever reference is made in this Agreement to standards or codes in accordance with which work is to be performed or tested, the edition or revision of the standards or codes current on the effective date of this Agreement shall apply unless otherwise expressly stated.

24. Attorneys’ Fees/Venue. In the event that any action is brought to enforce the terms of this Agreement, the party found by the court to be in default agrees to pay reasonable attorneys’ fees to the successful party in an amount to be fixed by the Court. The venue for any claim being brought for breach of this Agreement shall be in Madera County or as appropriate in the U.S. District Court for the Eastern District of California, located in the City of Fresno.

25. Governing Law. The laws of the State of California shall govern the rights and obligations of the parties under the Agreement, including the interpretation of the Agreement.

If any part of the Agreement is adjudged to be invalid or unenforceable, such invalidity shall not affect the full force and effect of the remainder of the Agreement.

26. City’s Authority. Each individual executing or attesting to this Agreement on behalf of the City hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with a duly adopted resolution of the corporation’s articles of incorporation or charter and bylaws; (ii) that this Agreement is binding upon such corporation; and (iii) that Contractor is a duly organized and legally existing municipal corporation in good standing in the State of California.

27. Contractor’s Legal Authority. Each individual executing or attesting this Agreement on behalf of CONTRACTOR hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with such corporation’s articles of incorporation or charter and by-laws; (ii) that this Agreement is binding upon such corporation; and (iii) that CONTRACTOR is a duly organized and legally existing corporation in good standing in the State of California.

28. Remedies for Default. Failure by a party to perform any term, condition or covenant required of the party under this Agreement shall constitute a “default” of the offending party under this Agreement. In the event that a default remains uncured for more than ten (10) days following receipt of written notice of default from the other party, a "breach" shall be deemed to have occurred. Any failure or delay by a party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.

29. Independent Contractor. In performance of the work, duties, and obligations assumed by the Contractor under this Agreement, it is mutually understood and agreed that the City, including any and all of City’s officers, agents and employees will, at all times, be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of City. Furthermore, City shall have no right to control or supervise or direct the manner or method by which City shall perform its work and functions. The City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over the subject matter hereof.

Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right to employment rights and benefits available to City employees. City shall be solely liable and responsible for providing to, or on behalf of, its employees, all legally required employee benefits. In addition, City shall be solely responsible and hold City harmless from all matters relating to payment of City’s employees, including compliance with Social Security, withholding and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, City may be providing services to others unrelated to City or to this Agreement.

30. Sole Agreement. This instrument constitutes the sole and only Agreement between City and CONTRACTOR in connection to the Project and correctly sets forth the obligations of the City and CONTRACTOR to each other as of its date. Any Agreements or representations in connection with the Project, not expressly set forth in this instrument are null and void.

31. Assignment. Neither the CONTRACTOR nor City will assign its interest in this Agreement without the written consent of the other.

32. Binding Agreement. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Agreement delivered by facsimile, email, or other electronic means shall be deemed to have the same legal effect as delivery of an original signed copy.

33. Time is of the Essence. Time is of the essence in this Agreement. CONTRACTOR agrees and acknowledges that the work must be timely completed, as delays affect critical airport operations.

IN WITNESS WHEREOF the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in TWO copies, each of which shall be deemed an original on the date first above written.

CITY OF MADERA (OWNER)
By: _________________________________
Cecilia K. Gallegos, Mayor
Date: _______________________________

APPROVE AS TO FORM:
____________________________________
Shannon L. Chaffin, City Attorney
Date: _______________________________

CONTRACTOR
By: _________________________________
Contractor (signature)
Date: _______________________________

_________________________________
Printed Name and Title
___________________________
Federal Tax I.D. No.
___________________________
Contractor License Number
___________________________
DIR Registration Number
ATTEST:
____________________________________
Alicia Gonzales, City Clerk
Date: _______________________________

NOTE: This Notary Acknowledgment is required for verification of Contractor’s signature.

Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of ______________ )
On ______________, 2025 before me, ______________________________________ (insert name and title of officer)
Personally appeared __________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ___________________________________ (Seal)

EXHIBIT B

CITY OF MADERA
Budget Appropriations: Res. 25-______
Budget Adjustments for Fiscal Year 2025/26

ORG OBJECT
FUND CODE CODE DESCRIPTION (+) (-)
Airport Fund
20503510 4419 Caltrans Aeronautic Grant $ 18,917 $ -
20503510 4450 Grant/Capital Grant - $ 796,659
20503510 4900 Budgetary Carryover $ 115,263
20503510 6440 Contracted Services 58,219
20503510 6610 Contingency 219,981
20503510 7050 Construction/Infrastructure 614,805
Total $ 911,922 $ 911,922

REPORT TO CITY COUNCIL
Council Meeting of: October 15, 2025
Agenda Number: ___________
Approved by:
_____________________________For
John Botwright, Water and Sewer
Operations Manager
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Sole Source Purchase from Aqua-Metric Sales Company for Replacement of Two Base Stations Supporting the City’s Automatic Water Meter Reading System RECOMMENDATION:

Adopt a Resolution approving a sole source purchase from Aqua-Metric Sales Company for the replacement of two base stations that support the City’s automatic water meter reading system, consistent with the City’s existing contractual relationship with Sensus Metering Systems.

SUMMARY:

The City is in contract for water meters and related software with Sensus Metering Systems (Sensus). The City’s two existing Sensus base stations, which are responsible for tracking water consumption and transmitting water meter data to the City’s billing software, are approaching the end of their service life. Replacement parts are no longer available, and continued operation without replacement poses a risk to system reliability and billing accuracy. Because the City is under contract with Sensus Metering Systems for all meter reading hardware and software, base stations must be replaced through Sensus’s authorized distributor, Aqua-Metric Sales Company, which holds exclusive regional rights to sell and service Sensus equipment. This qualifies the purchase as a sole source procurement under the City’s purchasing policy. The proposed purchase from Aqua-Metric Sales Company is approximately $95,000, including installation, will ensure uninterrupted operation of the City’s automatic meter reading system and continued compatibility with existing software, hardware, and licensing terms.

DISCUSSION:

In 2009, in response to State requirements, the City began the transition from manual-read meters to an automatic meter reading (AMR) system for residential and commercial sites to improve billing accuracy, efficiency and leak detection. The AMR system relies on base stations that collect meter data and transmit it to the City’s software for processing and customer billing.

D-4
Return to Agenda
The system consists of two (2) 12-foot-high Sensus antennas, one located atop the Cook Water Tower and another adjacent to Town and Country Park. The Sensus system consists of a radio transmitter installed on each water meter that sends consumption data to a receiving antenna, which then relays the data to the City’s software for billing purposes. The system captures and stores the data for up to 13 months, allowing customers to compare water usage year over year.

Over time, the existing base stations have become technologically obsolete and are nearing the end of their service life, with critical replacement parts no longer available. Sensus Metering Systems manufactures the City’s water metering infrastructure, including the automatic-read water meters, base stations, and the software that enables system operation. Sensus has advised that continued operation without replacement poses a risk of system failure, which could interrupt meter data collection and billing. To ensure continued functionality and compliance with the City’s long-term software contract, replacement of these components is necessary at this time. Sensus distributes its replacement components exclusively through authorized distributors. The exclusive authorized distributor for this region is Aqua-Metric Sales Company, based in Sacramento. Given these constraints, staff recommends approval of a sole source purchase from Aqua-Metric Sales Company to replace both base stations. This action will ensure reliable system performance, avoid data loss or billing interruption, and maintain compliance with existing contractual and warranty requirements.

The Sensus system has proven highly cost-effective for the City, allowing real-time data collection, hourly meter readings, proactive leak detection, tamper alerts, and improved wateruse monitoring, which has significantly reduced staff time previously spent on manual meter routes and improved overall operational efficiency.

FINANCIAL IMPACT:

During preparation of the current fiscal year budget, staff allocated funding to support the replacement of the two base stations. Approximately $95,000 has been budgeted in the FY 2025– 26 Water Maintenance and Operations Budget to cover this project. The estimated total cost of the two replacement base stations, including equipment and installation, is approximately $94,910 as outlined in the quote included in this report. Sufficient appropriations are available in the current operating budget to complete the purchase.

ALTERNATIVES:

The City Council may choose not to approve the purchase at this time. However, this option carries a significant operational risk, as failure of a base station would disrupt the transmission of meter data and impede water billing functions.

ATTACHMENTS:

1. Resolution
a. Exhibit A - Quote and Product Specifications
b. Exhibit B – Resolution 14-217 Approving an Agreement with Sensus USA Inc i. Advanced Metering Infrastructure Agreement
c. Exhibit C: Resolution 19-163 – First Amendment to the Agreement with Sensus USA Inc.
d. Exhibit D: Resolution 25-03 – Ratifying an Extension to the Sensus USA Inc.

Agreement to January 4, 2030
e. Exhibit E: Sole-source letter
RESOLUTION NO. ________

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

APPROVING A SOLE SOURCE PURCHASE FROM AQUA-METRIC SALES COMPANY FOR THE REPLACEMENT OF TWO BASE STATIONS SUPPORTING THE CITY’S AUTOMATIC

WATER METER READING SYSTEM
WHEREAS, the City of Madera maintains an Automatic Meter Reading (AMR) system used to collect and transmit water consumption data from individual customer meters to the City’s billing software; and
WHEREAS, the City’s AMR system relies on two (2) Sensus base stations to transmit meter data for billing and water-use monitoring; and
WHEREAS, the existing base stations have reached the end of their service life and are no longer supported by the manufacturer, with replacement parts no longer available; and WHEREAS, the City’s AMR infrastructure, including meters, base stations, and software, is manufactured by Sensus Metering Systems; and
WHEREAS, all equipment replacements and components must be procured through Sensus’s authorized regional distributor to ensure compatibility, warranty coverage, and licensing compliance; and
WHEREAS, Aqua-Metric Sales Company, based in Sacramento, California, is the exclusive authorized distributor for Sensus equipment in this region, thereby qualifying this procurement as a sole source purchase under the City’s purchasing policy; and WHEREAS, replacing the two base stations is necessary to ensure the continued reliability of the City’s water metering and billing system, avoid data loss or service interruption, and maintain compliance with existing software and hardware licensing requirements.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA DOES HEREBY RESOLVE AS FOLLOWS:

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

2. The City Council hereby approves a sole source purchase from Aqua-Metric Sales Company for the replacement of two Sensus base stations that support the City’s Automatic Water Meter Reading System, in an amount consistent with available appropriations in the FY 2025–26 Water Maintenance and Operations Budget.

3. This Resolution is effective immediately upon adoption.

Sales Quote
Proprietary and Confidential Page 1 of 1
Aqua-Metric Sales Company
Steve Kamiyama | Account Manager
4050 Flat Rock Drive | Riverside, CA 92505
Phone: (951) 233-9545 | Facsimile: (951) 637-1500
[email protected]
Quote for: City of Madera
Attention: John Botwright
Address:

City, State, ZIP:

Phone:

Email:

Quantity Description Unit Price Line Total
2 M420B BaseStation $37,500.00 $75,000.00
2 Installation (Inlcudes, Labor, Travel, and Material) $5,830.00 $11,660.00 1 Tariff $2,062.50 $2,062.50
This quote for the product and services named above is subject to the following terms: Subtotal $88,722.50

1. All quotes are subject to the Aqua-Metric Terms of Sale. Shipping & Handling

2. Quote is valid for 90 days Sales Tax $6,187.50

3. Freight allowed on single orders exceeding $20,000.00. Total $94,910.00

4. Net Thirty Days to Pay

5. Returned product may be subject to a 25% restocking fee and within 60 days

6. Sales Tax and/or Freight charges are approximated and may vary on final invoice.

September 10, 2025
TAXES AND FEES. All prices quoted are exclusive of federal taxes, state taxes, municipal taxes, tariffs, duties, and other government-imposed fees (collectively the “Taxes and Fees”) related to the procurement, installation, and delivery of materials and equipment. Customer shall be liable for all applicable Taxes and Fees imposed upon the Goods purchased. Taxes and Fees will be added to each applicable invoice and are the responsibility of the Customer. If Customer is exempt from sales tax, Customer is required to provide all applicable tax exemption September 24, 2025
Exhibit A
The Sensus FlexNet® M420B Base Station offers a strategic communications option for public service providers with endpoints deployed in remote or densely populated areas.

The efficient transceiver can transmit and receive in a 250kHz band of spectrum. 250kHz enables more dedicated channels, resulting in higher network capacity, allowing more granular data and more channels of data. The Sensus FlexNet communication network delivers eight times the transmit power of competitive systems over primary-use licensed spectrum – ensuring reliability for mission critical applications.

The architecture enables reliable communication of status and usage information with fewer access points than other network architectures.

These compact, efficient base stations fit in space-constrained environments and require no air conditioning.

Licensed Radio Spectrum
In North America, FCC/ISED protected primary-use spectrum avoids competition with other wireless services, interference from other radio devices and the risk of being taken over by emergency service providers.

Fewer Access Points
Our point-to-multipoint architecture directly connects base stations to endpoints over large geographic areas – greatly reducing the number of network backhaul connections as well as O&M costs.

Resilient Network Design
Sensus Base Stations continue to provide real time data during outages and emergencies because of eight hour plus battery backup – enabling better workforce management and faster service restoration.

Features
• GPS receiver for time synchronization
• Duplexer for single antenna
• IP-addressable power supply with hot-swap
capability
• 8-hour battery backup
• Alarms and reporting capability
• Backhaul via Ethernet/IP
• Heated battery for cold weather
environments
• Modular construction for easy serviceability
Small Footprint
Flexible pole or wall-mounting options
enable strategic deployment with a
discreet appearance.

M420B FlexNet Base Station
Compact Point-to-Multipoint Base Station
Data Sheet
ADS-10023-02
Applications
• Two-way Advanced Meter Infrastructure
(AMI)
• Distribution Automation (DA)
• Demand Response (DR)
• Home Area Networks (HAN)
• RNI 4.x or newer
• NCS 2.x
• Unified 3.x
• Micro Grid and Grid Edge
Properties
Receive bandwidth 250 KHz
Transceivers Single
Spectrum Licensed 900 MHz PCS/MAS
Duplexing Thirty-two receivers
Applications Single
Expandability No
Compatibility SNMP
FlexNet RNI 4.x or newer, Unified 3.x or newer, NCS 2.x or newer
Enclosures - Outdoor - Pole/Wall Mount
Height 22” (55.9 cm)
Width 22” (55.9 cm)
Depth 10.5” (26.7 cm)
Weight 150 lbs. (approx.)
Capacity One transceiver
Temperature -40º to +122º F (-40º to +50º C)
Voltage 120 VAC
Battery backup 8 hours
NEMA rating 4
Air conditioned No
ADS-10023-02
k 2025 <ylem Inc. or its affiliate. All rights reserved. FlexNeto is a trademark of <ylem or one of its subsidiaries.

Xylem
639 Davis Drive
Morrisville, NC 27560
Tel +1 800.638.3745
xylem.com xylem.com/sensus
Specifications
• Spectrum is licensed 900 MHz PCS/MAS
• One transceiver, single transmit, with duplexing
• Eight simultaneous/dedicated receive channels
• Transmit and receive in a 250kHZ band of spectrum
• Compatibility with SNMP
• Applications include: two-way advanced meter infrastructure, distribution automation, demand response, and home automation networks
RESOLUTION NO. 14-217

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
APPROVING AN AGREEMENT WITH SENSUS USA INC. FOR

SENSUS FLEXNET AMI SOFTWARE UPGRADE AND SOFTWARE

MAINTENANCE AND AUTHORIZING THE MAYOR TO SIGN THE

AGREEMENT ON BEHALF OF THE CITY OF MADERA
WHEREAS, The City is in need of updating the current Sensus Flexnet AMI Software for meter reading purposes and software maintenance; and WHEREAS, The City has determined that it is prudent to obtain professional services from a firm with the unique skills to provide such an upgrade and future maintenance; and
WHEREAS, The City has determined that Sensus USA Inc. has unique and appropriate skills and capacities to perform said upgrade and future maintenance; and
WHEREAS, An agreement with Sensus USA Inc. to provide said services has been developed to the satisfaction of both parties; and

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 Agreement with Sensus USA Inc. to provide for Sensus Flexnet AMI Software Upgrade and Software Maintenance, a copy of which is on file in the office of the City Clerk and referred to for particulars, is hereby approved. The Mayor is authorized to execute the Agreement on behalf of the City.

3. This resolution is effective immediately upon adoption.

Exhibit B
Res. 14-217
PASS ED AND ADOPTED by the City Council of the City of Madera this 1 ih day of December, 2014 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

ATTEST:

Council Members Poythress, Oliver, Rigby, Bomprezzi, Medellin, Holley, Robinson.

None.

APPROVED:

ROBERT
;t»Jt(Q
L. POYTHR~,
~ Mayor
APPROVED AS TO LEGAL FORM:

BRENT RIC ARDSON, City Attorney
I •
-- sensus
Advanced Metering Infrastructure (AMI) Agreement
between
City of Madera
("Customer")
and
Sensus USA Inc.
("Sensus")
IN WITNESS WHEREOF, the parties have caused this AMI Agreement ("Agreement'') to be executed by their duly authorized representatives as of the day and year written below. The date of the last party to sign is the "Effective Date." This Agreement shall commence on the Effective Date and continue for/until: 5 Years ("Term"), provided that it may be extended for a longer period by written agreement.

This Agreement contains two parts: Part (1) is The FCC Notification for Spectrum Manager Lease, to be filed with the FCC by Sensus on behalf of the Customer and Part (2) Is a AMI Agreement between Sensus and Customer. Together, these two parts create the Agreement.

Sensus USA Inc. / 11 I
By: I' &,to, If~
Name: Tl!II\ }JA Alt~ EA.

Title: Kl l r CL i-o, "~ S.:t \,..r
Date: I f S: / I.SCustom~ r: c;td!NlaJ./J ~~ By: 14-t«~~ Name: R;b;rtL.Poythress
Title: Mayor
Date: 12/18/14
Contents of this Agreement:

Part 1: Notification for Spectrum Manager Lease
Part 2: AMI Agreement
Exhibit A Software as a Service
Exhibit B Technical Support
CONFIDENTIAL I Page 1 or 10
-- sensus
Part 1: Notification for Spectrum Manager Lease
In order for Sensus lo apply to the FCC on the Customers behelrfor a spectrum manager lease, Customer must complete \he informatlon below In boxes one (1) through ten (10) and certify via authorized signature. Customers signature will Indicate that Customer aulhortzes Sensus lo me the spectrum manager lease notlflcallon on FCC Form 608 with Iha Customer as spectrum Lessee, and if Customer does not already have one, ownership disclosure lnfomiallon on FCC Form 602.

Cuetomer/Leesee Name: City of Madera
Attention To: Ted Uyesaka I Name of Real Party In Interest: City of Madera Street Addre11: 205 w. 4" Street
State: CA I Zip: 93637
F11: 559-674-2972 I Email: [email protected]
Is Cus(Qlllor contact lnfO(matfon same as above? es 1'81No (If No, complete box 2 below) Addition al Cuatomnrllouoo Conru t lnlormaUon
Comoanv Name: Citv of Madera
Attenlfon To: Dave Randall
Street Addren: 1030 S. Gateway Drive
State: CA I zip: 93637
Fax : 559-661-0760 I Email: [email protected]
Customer/Lessee is a{n) (Select ono): Olrldlvldual I D Unincorporated Association I Trust 181Government EnUty I OC<Jrp0(8 on I D Limited Liability Company I General Partnership Ollmiled Par100rshfp I OUmi1ed Uabllity Partnership I Consortium I D other City: Madera
Phone: 559-661-5400
City: Madera
Phone: 559-661-5466
FCC Form 802: FCC File Number of Customer's Form 602 Ownership lnfomiallon: ___ . If Customer has not filed a Form 602, Sensus will flle one for Customer. Please complete questions 5, 6, and 7 below if Customer does !12! have a F= 602 on file.

Customer must com feleifems 8 9 ano 10 irras ~e ofwhelherCustomerhas an ownen;hl re 11.0<1 file, ~ I Customer Tax ID: 94-6000365
lndlvfdual Contact For FCC Mattera
Please designate one Individual (the Director of Public Wort<s or similar person) who is responsible to the FCC tor the operation of the FlexNet radio system. This person would need to obtain his or her own personal FRN (FCC Reglslrallon Number) by going to lhe link below and complelfng the individual FRN reglslralion.

Name Ted Uyesaka
Tille: IS Manager
Email: [email protected] I Phone: 559-661-5400 Personal FRN:

Link ror obtaining personal FRN: ht1pa:l/app1.fcc.gov/coreaWeb/regEntftyType.do Ownership Dlacloaure lnformalfon
If Customer/Lessee Is a government entity, list the names of the Mayor and all Council Members below, as well as vertfy clUzenship and ownership interests In any entity regulated by the FCC. Such ownership must be disclosed where a mayor/council member owns 10% or more, dlrecUy or Indirectly, or has operating control of any entity subject lo FCC regulation.

Ir anv answer to Ownership question is Yes or anv answer to CiUzenshlD QUesUon le No, nrovlde an allachment with further exolanatlon.

US CIUzen'I Ownershlo Disclosure?
Mayor: Robert L. Poythress
181Yes No Yes 181No
Council Member: Sally J. Bomprezzl
181Yes No Yes 181No
Council Member: Andrew J. Medellin
181Yes No Yes 181No
Council Member: WIiiiam Oliver
181Yes No Yes 181No
CONFIDENTIAL I Page 2 of 10
-- sensus
Council Member: Derek 0. Robinson Sr, 181Yes No Yes 181No Council Member: Charles F. Rigby
181Yes No Yes 181No
Council Member: Donald E. Holley 181Yes No Yes 181No
Council Member:

Yes No Yes No
Council Member: OYes No Yes No
Council Member:

Yes No Yes No
Buie Quallfloallon lnfonnallon
1) Has the Customer or any party to this application had any FCC station aulhorlzallon, license, or construction permit revoked or had any Yes 181No application for an lnlllal. modification or renewal of FCC station authorization. license or construction cermlt denied bv the Commission? 2) Has the Customer or any party lo this filing, or any party directly or lndlrecUy controlling the Customer or any party to this filing ever been Yes 181No convicted of a felonv bv anv stale or federal court? 3) Has any court finally ac!Judged the Gustomer or any party directly or Indirectly controlling the Customer guilty of unlawtuay monopollzlng or allempllog lo unlawfully monopolize radio communlcaUon, directly or lndlrecUy, through control or manufacture or sale of radio apparatus, exclusive Yes 181No traffic arranaemenl, or anv other means or unfair methods of comoetttlon? Cuatom,r/Leeuo Cortlflcalfon Statement,
1 l The Customer/Lessee aorees that the Lease Is not a sale or transfer of the license Itself. 181Yes 2) The Customer/Lessee acknowledges lhat it Is required to comply with the Commission's Rules and Regulations and other applicable law at all limes, and If the Customer/Lessee fails to so comply, the Lease may be revoked, cancelled, or terminated by either the Licensee or the 181Yes Commission,
3) The Customer/Lessee certlRes that neither II nor any other party to the Applicatlon/Notlflcation is subject to a denial of Federal benefits pursuant to Sectlon 5301 of the Anti-Drug Abuse Act of 1988, 21 U,S.C § 862, because of a conviction for possession or distribution of a controlled substance 181Yes !See Section 1.20021bl of the rules, 47 CFR 6 1.2002/bl for the defln!tlon of "oertv lo the aaallcatlon' as used In this certification.) 4) The Customer/Lessee hereby accepts Commtsslon oversight and enforcement consistent with the license and lease authorization. The Lessee acknowledges lliat It must cooperate fully wtth any lnvestlgatlon or Inquiry conducted either by the Commission or the Licensee, allow the 181Yes Commission or the Licensee to conduct Ofl-Slte lnspectlons of transmission facilities, and suspend operations at Ilia dlrectlon of the Commission or the Licensee and to the extent that such susMnslon or oaeraUon would be consistent with applicable Commission collcles. 5) The Custom81/Lessee acknowledges that In the event an authorlzalion held by a Licensee that has associated wllh It a spectrum leasing arrangement that is the subJect of this nllng Is revoked, cancelled, terminated, or ollierwise ceases lo be in effect, the Customern.essee will have no 181Yes continuing authority to use the leased spectrum and will be required to terminate its operations no laler than the date on which the Licensee ceases to have any authority lo ocerate under lhe license, unless otherwise authorized bv the Commission, 6) The Customer/Lessee agrees the Lease shall not be assigned to any entity that Is not eligible or quatlfled to enter into a spectrum leasing 181Yes arranaement under the Commission's Rules and Reaulatlons. 71The Customer/Lessee waives any claim to lhe use of any parllcular frequency or of the eleclromagnetlc spectrum as against the regulatory power 181Yes or Ille United Slates because of the orevlous use of Ille same, whether bv spectrum lease or otherwise. 8) The Customer/Lessee certlHes that It ls not In default on any payment for Commission licenses and that It Is not dellnquent on any non-laK debt 181Yes owed lo anv federal aaencv, The Cu1tamer/Lenae certlHea that all of 111 statements made In thta Appllcatlon/Nottncatlon and In the 1chedulaa, axhtblta, attach manta, or document, Incorporated by reference are malarial, are part of thla Appllcatlon/Notmc,tlon, and are true, complete, correct, and made In good faith. The Cuetomer/Lanaa •hall notify San1u1 In wrlltng In the event any Information supplied on thl1 form changea.

T o or Printed Namo or Pa Allthorlud to Sf n
First Name: Ml: Last Name: Suffix:

Robert L. Poythress
Title: Cuslomer Name:

Mayor City of Madera
12/18/14
WILLFUL FAlSE STATEMENTS MAD£ ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE ANO/OR IMPRISONMENT (U.S. Coda, TIiie 18, Sei:tlon 1001) AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U,S, Code, TIiie 47, Section 312ja)(1)) AND/OR FORFEITURE (U.S. Coda TIiie 47, Sei:tton 503),
CONFIDENTIAL I Page 3 ol 10
-- se1nsus
Part 2: AMI AGREEMENT

1. Equipment.

A. Purchase of Equipment. Customer shall purchase all Equipment from Sensus' authorized distributor pursuant to the terms and conditions (including any warranties on such Equipment) agreed by Customer and Sensus' authorized distributor. This Agreement shall not affect any terms and conditions, including any warranty terms, agreed by Customer and Sensus' authorized distributor. If Customer elects to purchase any equipment or services directly from Sensus, or if Customer pays any fees or other costs to Sensus, then Sensus' Terms of Sale shall apply. The 'Terms of Sale' are available at:
http://na.sensus.com/TCCTermsCondlUons.pdl, or 1~00-METER-IT.

B. THERE ARE NO WARRANTIES IN THIS AGREEMENT, EXPRESS OR IMPLIED. SENSUS EXPRESSLY DISCLAIMS ANY AND ALL

REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, REGARDING ANY MATTER IN

CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT AND TITLE.

2. Services.

A. Installation of Equipment, Installation services will be as agreed between the Customer and Sensus' authorized distributor. Sensus will not provide Installation services pursuant to this Agreement.

B. Software Implementation. Sensus shall install and conllgure the Software and shall Install the Software on the Server Hardware.

C. IT Systems Integration Services. Integration of the Software into Custome(s new or existing Internal IT systems Is not Included in this Agreement.

D. Technlcal Support. Sensus shall provide Customer the technical support set forth In Exhibit B.

E. Project Management. Project Management of the AMI System is not included In this Agreement.

3. Software.

A. Software as a Service (SaaS). Sensus shall provide Customer with Software as a Service, as defined In Exhibit A, only so long as Customer is current in its payments for such services.

4. Spectrum
A. Definitions In lhis Section 4. In this Section 4 only, "Sensus" shall mean Sensus USA Inc. and its wholly owned subsidiary, Sensus Spectrum LLC.

B. Spectrum Lease, Sensus hereby grants to Customer, and Customer accepts, a spectrum manager lease ("~") over the frequencies of certain FCC llcense(s) ("FCC License") solely within Custome(s Service Territory. (The frequencies of the FCC License within CustomMs geographic Service Territory are called the "Leased Spectrum"). Customer shall pay the Ongoing Fees for use of the Leased Spectrum.

C. FCC Forms. At the Federal Communications Commission (FCC), Sensus will; (1) obtain an FCC RegislraUon Number (FRN) for Customer; (2) submit on behalf of Cuslomer the FCC Form 602 Ownership Disclosure Information if Customer has not already done so; and (3) file a FCC Form 608, nolificatlon/applicatlon for long-term spectrum manager lease. This Lease becomes effective when the FCC accepts the FCC Form 608.

D. Lease Appllcatlon. In order to complete the FCC lease application, Customer will promptly:

Complete and sign the representations in Part 1 of this Agreement such that Customer demonstrates It qualines lor a spectrum lease under FCC rules.

Customer's signature will Indicate that Customer authorizes Sensus to; (1) obtain an FRN on behalf of Customer; (2) submit the FCC Form 602 Ownership Disclosure Information on behalf of Customer if Customer has not already done so; and (3) lile the spectrum manager lease notiffcatlon on FCC Form 608 with the Customer as spectrum lessee.
ii. Give Sensus the coordinates of the boundaries ol Customer's SetVice Territory or, altematlvely, approve Sensus' estimation of the same. iii. II Customer has not already done so; Customer hereby authorizes Sensus to apply on Customer's behalf and obtain for Customer a Federal Registration Number (FRN, the FCC's unique identifier for each licensee) and shall supply Sensus with Customer's Taxpayer Identification Number (TIN). iv. Provide any other information or other cooperatton reasonably necessary for the Parties to perform as set forth herein.

E. Permitted Use of Spectrum Lease. Customer may transmit or receive over the Leased Spectrum only In the Service Territory and only using FlexNet equipment manufactured by Sensus and used in accordance with Sensus' specifications. Customer may use the Leased Spectrum only to read and direct meters in support of Custome(s primary utility business or any other operation approved by Sensus In writing. Without limiting the foregoing, Customer is prohibited from reselling, subleasing or sublicensing the Leased Spectrum or from transmitting voice communications over the Leased Spectrum.

F. Term of Spectrum Lease. Unless terminated earlier (because, for example, Customer stops using the FlexNet equipment or because this Agreement terminates or expires for any reason), this Lease will have the same term as the FCC license. If Customer Is operating In compliance with this Agreement and Is current on any payments owed to Sensus, when the FCC License renews, the Parties will apply to the FCC to renew this Lease.

G. Termination of Spectrum Lease. The Lease will terminate: (a) two months after Customer stops transmitting with FlexNet equipment manufactured by Sensus; (b) upon termination, revocation or expiration of the FCC License: (c) upon Customer's breach of this Agreement; or (d) upon termination or expiration of this Agreement for any reason.

H. FCC Compliance. The following FCC requirements apply I. Pursuantlo47 CFR 1.9040(a);
(a) Customer must comply at all times with applicable FCC ru les, This Agreement may be revoked by Sensus or the FCC ~ Customer falls to so comply;
(b) If the FCC License is terminated, Customer has no continuing right to use the Leased Spectrum unless otherwise authorized by the FCC; (c) This Agreement Is not an assignment, sale or other transfer of the FCC License; (d) This Agreement may not be assigned except upon written consent of Sensus, which consent may be withheld in its discretion; and (e) In any event, Sensus will not consent to an assignment that does not satisfy FCC rules.

II. Referencing 47 CFR 1.9010, Sensus retains de Jure and de facto control over the applicable radio facllltles, Including that, (a) Sensus wlll be responsible for Customer's compliance with FCC policies and rules. Sensus represents and warrants that it has engineered the FlexNet equipment and accompanying software and other programs to comply with FCC rules. Customer will operate the FlexNet equipment subject to Sensus' supervision and control and solely In accordance with Sensus' specifications. Sensus retains the right to Inspect Customer's radio operations hereunder and to terminate this Agreement or take any other necessary steps to resolve a violation of FCC rules, including to order Customer to cease transmission. Sensus will act as spectrum manager In assigning spectrum under the FCC License so es to avoid any harmful Interference or other violation of FCC rules. Sensus will be responsible for resolving any Interference complaints or other FCC rule violations that may artse; and
CONFIDENTIAL I Paga 4 of 10
)
--
- sensus
(b) Sensus will me any necessary FCC forms or applications and Customer agrees reasonably to assist Sensus with such filing by providing any necessary information or other cooperation. Sensus will otherwise interact with the FCC with respect to this Agreement, the FCC License or FlexNet equipment.

I. Interference. Customer agrees to report to Sensus promptly, and in no event later than 72 hours afterward, any incident related to the Leased Spectrum, including where Customer experiences harmful interference, receives a complaint or other notice of having caused harmful Interference, or receives any type of communication from the FCC or other government agency regarding radio transmission.

5. General Terms and Conditions.

A. Intentionally Omitted
B. Limitation of Llablllty.

I. Sensus' aggregate liability In any and all causes of action arising under, out of or in relation to this Agreement, its negotiation, performance, breach or termination (collectively 'Causes or Action") shall not exceed the greater of; (a) the total amount paid by Customer directly to Sensus under this Agreement; or (b) ten thousand US dollars (USO 10,000.00). This is so whether the Causes of Action are In tort, Including, without limitation, negligence or strict liability, in contract, under statute or otherwise. As separate and independent limitations on liability, Sensus' liability shall be limited to direct damages. Sensus shall not be liable for; (i) any indirect, incidental, special or consequential damages; nor (ii) any revenue or profits lost by Customer or its Affiliates from any End User(s), irrespective whether such lost revenue or profits is categorized as direct damages or otherwise; nor (iii) any In/Out Costs; nor (Iv) manual meter read costs and expenses; nor (v) damages arising from maincase or bottom plate breakage caused by freezing temperatures, water hammer condlllons, or excessive water pressure, The limitations on liability set forth In this Agreement are fundamental inducements to Sensus entering into this Agreement. They apply unconditionally and in all respects. They are to be interpreted broadly so as to give Sensus the maximum protection permitted under law.
ii, To the maximum extent permitted by law, no Cause of Action may be instituted by Customer against Sensus more than TWELVE (12) MONTHS after the Cause of Action first arose. In the calculation of any damages In any Cause of Action, no damages Incurred more than TWELVE (12) MONTHS prior to the filing of the Cause of Action shall be recoverable.

C. Termination. Either party may terminate this Agreement earlier if the other party commits a material breach of this Agreement and such material breach is not cured within forty-five (45) days of written notice by the other party. Upon any expiration or termination of this Agreement, Sensus' and Custome(s obligations hereunder shall cease and the software as a service and spectrum lease shall immediately cease.

D. Force Majeure. If either party becomes unable, either wholly or in part, by an event of Force Majeure, to fulfill its obligations under this Agreement, the obligations affected by the event of Force Majeure will be suspended during the continuance of that inability. The party affected by the force majeure will take reasonable steps to mitigate the Force Majeure.

E. Intellectual Property. No Intellectual Property is assigned to Customer hereunder. Sensus shall own or continue to own all Intellectual Property used, created, and/or derived in the course of performing this Agreement. To the extent, if any, that any ownership interest In and to such Intellectual Property does not automatically vest In Sensus by virtue of this Agreement or otherwise, and instead vests in Customer, Customer agrees to grant and assign and hereby does grant and assign to Sensus all right, title, and Interest that Customer may have in and to such Intellectual Property. Customer agrees not to reverse engineer any Equipment purchased or provided hereunder.

F. Confidentiality. Both parties shall (and shall cause their employees and contractors to) keep all Confidential Information strictly confidential and shall not disclose it to any third party, except to the extent reasonably required to perform and enforce this Agreement or as required under applicable law, court order or regulation. The Confidential Information may be transmitted orally, In writing, electronically or otherwise observed by either party. Notwithstanding the foregoing, 'Confidential Information" shall not include; (I) any information that is in the public domain other than due to Recipient's breach of this Agreement; (ii) any information in the possession of the Recipient without restriction prior to disclosure by the Discloser; or (iii) any Information independently developed by the Recipient without reliance on the information disclosed hereunder by the Discloser. '~ means either party that discloses Confidential Information, and "~ ' means either party that receives it.

G. Non-Waiver of Rights. A waiver by either party of any breach of this Agreement or the failure or delay of either party to enforce any of the articles or other provisions of this Agreement will not In any way affect, limit or waive that party's right to enforce and compel strict compliance with the same or other articles or provisions.

H. Assignment and Sub-contracting. Either party may assign, transfer or delegate this Agreement without requiring the other party's consent; (I) to an Affiliate; (ii) as part of a merger; or (iii) to a purchaser of all or substantially all of its assets. Apart from the foregoing, neither party may assign, transfer or delegate this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld. Furthermore, Customer acknowledges Sensus may use subcontractors to perform RF Field Equipment installation, the systems integration wori< (if applicable), or project management (if applicable), without requiring Customer's consent
I. Amendments. No alteration, amendment, or other modification shall be binding unless in writing and signed by both Customer and by a vice president (or higher) of Sensus.

J. Goveming Law and Dispute Resolution. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Delaware. Any and all disputes arising under, out of, or in relation to this Agreement, its negotiation, performance or termination ("Dlspulos') shall flrst be resolved by the Parties attempting mediation in Delaware. If the Dispute is not resolved within sixty (60) days of the commencement of the mediation, it shall be litigated in the state or federal courts located in Delaware. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES AGREE TO A BENCH TRIAL AND THAT THERE SHALL BE NO JURY IN ANY DISPUTES.

K. Restriction on Discovery. The Parties acknowledge the abundance of documents, data, and other information stored in an electronic manner and the time and costs associated with retrieving relevant electronic data from the Parties during the Discovery portion of a claim. Accordingly, the Parties shall utilize only printed or hard-copy documents, data, and other Information in Discovery and shall not use or request electronic or a-Discovery methods for any claim, demand, arbitration or litigation subject to this Agreement. All relevant and unprivileged printed or hard-copy materials shall be subject to Discovery, but neither Party has an obligation to maintain printed or hard-(Qpy files In anticipation of a claim, demand, liligation, or arbitration proceeding, L. Survival. The provisions of this Agreement that are applicable to circumstances arising alter its termination or expiration shall survive such termination or expiration.

M. Severabillty. In the event any provision of this Agreement is held to be void, unlawful or otherwise unenforceable, that provision will be severed from the remainder of the Agreement and replaced automatically by a provision oontaining terms as nearly like the void, unlawful, or unenforceable provision as possible; and the Agreement, as so modified, will continue to be In full force and effect.

N. Four Comers. This written Agreement represents the entire understanding between and obligations of the parties and supersedes all plier understandings, agreements, negotiations, and proposals, whether written or oral, formal or Informal between the parties. There are no other terms or conditions, oral, written, electronfc or otherwise. There are no implied obligations. All obligations are specifically set forth in this Agreement. Further, there are no representations that induced this Agreement that are not Included in It. The ONLY operative provisions are set forth in writing in this Agreement.

0. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall CONFIDENTIAL I Page 5 of 10
--- sensus
constitute one and the same instrument. Additionally, this Agreement may be executed by facsimile or electronic copies, all of which shall be considered an or1g lnal for all purposes.

6. Definitions. As used in this Agreement, the following tenns shall have the following meanings:

A. "Affiliate" of a party means any olher entity controlling, controlled by, or under common control with such party, where "control" of an enUty means the ownership, directly or indirectly, of 50% or more of either: (I) the shares or other equity in such enUty: or (II) the voting rlghls In such entity. 8, "AMI System" ldenUfles the Sensus FlexNet Advanced Meter Infrastructure System comprised of the SmartPoinl Modules, RF Field Equipment, Server Hardware, software licenses, FCC licenses, and other equipment provided lo Customer hereunder. The AMI System only includes the foregoing, as provided by Sensus, The AMI System does not include goods, equipment, software, licenses or rights provided by a third party or parties to this Agreement.

C. "Conf/denllal Informal/on· means any and all non-public lnfonnaUon of either party, Including the terms of this agreement, all technical Information about either party's products or services, prtclng Information, markeUng and marketing plans, Cuslome~s End Users' data, AMI System performance, AMI System architecture and design, AMI System software, other business and financial infonnation of either party, and all trade secrets of either party.

D. 'Echo Transc,ivef identifies the Sensus standalone, mounted relay device that takes the radio frequency readings from the SmartPolnt Modules and relays them by radio frequency to the relevant FlexNet Base S1ation.

E. "End User" means any end user of eleclr1clty, water, and/or gas (as applicable) that pays Customer for the consumption of eleclr1city, water, and/or gas, as applicable.

F. "Field Devices" means the meters and SmartPoint Modules.

G. 'F/exNet Base Station" identifies the Sensus manufactured device consisting of one transceiver, to be located on a lower !hat receives readings from the SmartPoint Modules (either directiy or via an Echo Transceiver) by radio frequency and passes those readings to the RNI by TCP/IP backhaul communication. For clartty, FlexNet Base Stations include Metro Base Stations.

H. "F/exWsre"' Software" identifies the Sensus proprte1ary software used in the RNI and any Patches, Updates, and Upgrades !hat are provided to Customer pursuant to the tenns of this Agreement
I. 'Harris Software" means the specific items of software provided by N. Harris Computer Corporation only to the extent Customer: (i) has been provided pricing for that specific item of Harris Software; and (ii) is current in its payments for the! specific item of Harris Software.

J. 'Force Msj,urd' means an event beyond a party's reasonable control, Including, without limitation, acts of God, hurricane, flood, volcano, tsunami, tornado, storm, tempest, mudslide, vandalism, illegal or unauthorized radio frequency interference, strikes, lockouts, or other industrial disturbances, unavaMeblllty of component parts of any goods provided hereunder, acts of public enemies, wars, blockades, insurrecUons, rtots, epidemics, earthquakes, fires, restraints or prohibiUons by any court, board, deparbnen~ commission or agency of the United States or any States, any arrests and restraints, civil disturbances end explosion.

K. "In/Out Costs· means any costs and expenses lncooed by Customer in transporUng goods between its warehouse and its End User's premises and any costs and expenses Incurred by Customer In Installing, unlnstalllng and removing goods.

L. "lnte//ectua/ Property" means patenls and patent applications, inventions (whether patantable or not), trademarks, service marks, trade dress, copyrights, trade secrets, know-how, data rights, specifications, drawings, designs, maskworll rights, moral rights, author's rights, and other intellectual property rights, Including any derivations and/or derivative worlls, as may exist now or hereafter come into existence, and all renewals and extensions thereof, regardless of whelher any of such rights arise under the laws of the United States or of any other state, country or Jurlsdlctlon, any registrations or appllcatlons thereof, and all goodwill perUnent !hereto.

M. 'LCM' identifies the load control modules.

N. "Ongoing Fee" means the annual or monthly fees, as applicable, to be paid by Customer during !he Tenn of this Agreement.

0. "Patches" means patches or other maintenance releases of the Software that correct processing errors and other faults and defects found previous versions of !he Software. For clarity, Patches are not Updates or Upgrades.

P. "Permitted Use" means only for reading Customer's meters in the Service Territoiy. The Permitted Use does not include reading third party meters or reading meters outside the Service Territoiy.

Q. "Re/11se· means both Updates and Upgrades.

R. "Remote Transceivef ldentiftes the Sensus standalone, mounted relay device that takes the radio frequency readings from the SmartPolnt Modules and relays them directly to the RNI by TCP/IP backhaul communication.

S. ' RF Field Equlpmenr means, collectively, FlexNet Base Stations, Echo Transceivers and Remote Transceivers.

T. 'RNr identifies the regional network interfaces consisting of hardware and software used to gather, store, and report data collected by the FlexNet Base Stations from the SmartPoint Modules. The RNI hardware speclficatlons will be provided by Sensus upon written request from Customer.

U. "Service Territory' ldentines the geographic area where Customer provides electricity, water, and/or gas (as applicable) services to End Users as of the Effective Date.

This area will be described in the parties' spectrum lease filing with the FCC.

V. "Server Hardware' means the RNI hardware.

W. "SmarlPolnt'"' Modules' Identifies the Sensus transmission devices installed on devices such as meters, distribution automation equipment and demand/response devices located at Customer's End Users' premises that take the readings of the meters and transmit those readings by radio frequency to the relevant FlexNet Base Station, Remote Transceiver or Echo Transceiver.

X. 'Software' means all the Sensus proprietary software provided pursuant lo this Agreement, and any Patches, Updates, and Upgrades that are provided to Customer pursuant to the tenns of this Agreement.

Y. "TouchCoup/er Unit' Identifies an lnducUve coupler connection from a water register lo the SmartPoinl Module.

Z. "Updates' means releases of the Software that constitute a minor Improvement in functionality.

AA. 'Upgrades' means releases of the Software which constilute a significant improvement in functionality or architecture of the Software.

BB. "WAN Backhaur' means the communication link between FfexNet Base Stations and Remote Transceivers and RNI.

CONFIDENTIAL I Page 6 of 10
-- sensus
Exhibit A
Software as a Service
Description of Services
This exhibit contains the details of the Software as a Service that Sensus shall provide to Customer ii both; (I) pricing for Software as a Service has been provided to the Customer; and (ii) the Customer Is current in its payments for Software as a Service.

A. Termination of Software as a Service. Customer shall have the option at any time after full deployment but before the end of the Term to terminate the Software as a Service by giving Sensus one hundred twenty (120) days prior written notice. Upon delivery of the notice, Customer shall purchase the necessary RNl(s) and shall pay all applicable fees, including any unpaid Software as a Service fees. Such notice, once delivered to Sensus, is irrevocable. Should Customer elect to terminate the Software as a Service, Customer acknowledges that; (a} Customer shall purchase the RNI hardware; (b) Customer will purchase the necessary software license(s}; (c) Sensus will cease to provide lhe Software as a Service.

B. Software as a Service DeHnltlon.

1. "Software as a Service" means~ the following services:
i. Use of RNI hardware, located at Sensus' or a third party's data center facility (as determined by Sensus), that Is necessary to operate the AMI System.

II. Initial training (not to exceed five days) on the use of the AMI System and all product documentation, Including any updates to product documentation. iii. Providing Patches, Updates, and Upgrades to latest Sensus FlexWare Software releases.

Iv. Providing FCC spectrum, pursuant to the terms at the spectrum lease, to operate the AMI System (for USA customers). v. Providing remote firmware maintenance for FlexNet Base SlaUons and SmartPoint Modules (Customer must provide IP access to each FlexNet Base Statlon In order to perform secure shell (SSH} functions). vi. Providing certain third party software required to operate the RNI (specifically, Microsoft SQL server, Microsoft Windows Server, Red Hat Linux OS, and other Bundled Software).
vii. Providing secure Web portal access to the hosted FlexWare Software application for the Customer (Customer system administrator grants RNI access to authorized Customer personnel as they are added).
viii. If requested, submitting a "daily reading file" in standard file format containing hourly consumplion reads and all available alarms collected by the AMI System, Including exception reports, such as zero consumption reads and non-responding meters (lncludlng traceability to the meter locatlon when the meter installer provides the location information).
ix. 24x7x365 server and network monitoring and trouble ticket generation, advanced security monitoring and preventative maintenance monitoring using diagnostic software tools.
x. Network optimization after the final propagation study and FlexNet Base Station site plan is verified by Sensus, and network tuning of endpoints deployed In the Service Territory.
xi. Performing daily off-site vaultlng of encrypted backup tapes containing one year of history for auditing purposes. xii. Providing current Sensus fixed base reporting software (for up to 50,000 SmartPolnt Modules} for up to thirteen (13) months of hourly data retention for basic reporting, route processing and querying functionality. xiii. Providing telephone support consistent wijh the Sensus Technical Support as set forth in Exhibit B. xiv. Providing "hot !allover" disaster recovery solution within twenty four (24) hours. xv. Providing Flex Net Base Station parts repair or replacement, at Sensus' discretion. This excludes field repair labor and field maintenance labor.

2. "Software as a. Service" does !lQ1 Include any of the following services:
i. Normal periodic processing of accounts or readings for Custome(s billing system for bilHng or other analysts purposes (other than dally file delivery}.

II. Field labor to troubleshoot any SmartPolnt Modules in the field In meter populations that have been previously accepted. iii. First response labor to troubleshoot FlexNet Base Station, Echo Transceivers, Remote Transceivers or other field network equipment. iv. Parts or labor required to repair damage to any field network equipment that Is the result of a Force Majeure event. v. Customer understands that the Sensus route manager meter data management (MDM) appllcatlon Is limited to 50,000 or fewer SmartPoint Modules, and Customer must utilize an enterprise MOMS (or other suitable solution) to manage reading data when system size exceeds 50,000 SmartPoint Modules.

If an Item Is not listed in subparagraphs (1) or (2) above, such item is excluded from the Software as a Service and is subject to addltlonal pricing.

11. Further Agreements
A. System Uptime Rate

1. Sensus (or Its contractor) shall host the FlexWare Software application on computers owned or controlled by Sensus (or its contractors) and shall provide Customer access to the hosted FlexWare Software application via Internet or point to point connecUon (I.e., Hosted-Access use}, according to the terms below. Sensus endeavors to maintain an average System Uptime Rate equal to ninety-nine (99.0) per Month (as defued below). The System Uptime Rate shall be calculated as follows:

System Uptime Rate= 100 x ITMO-Total Non-Scheduled Downtime minutes In the Month) TMO

2. Calculations
I. "Targeted Minutes of Operation" or "TMCJ" means total minutes in the applicable month ("Month") minus the Scheduled DownUme in the Month. ii. "Scheduled Downtime" means the number of minutes during the Month, as measured by Sensus, In which access to the Flex Ware Software Is scheduled to be unavailable for use by Customer due to planned system maintenance. Sensus shall provide Customer notice (via email or otherwise) at least seven (7) days In advance al commencement of the Scheduled Downtime. iii. "Non-Scheduled Downtime" means the number of minutes during the Month, as measured by Sensus, In which access to FlexWare Software Is unavailable for use by Customer due to reasons other than Scheduled Downtime or the Exceptions, as defined below (e.g., due to a need for unplanned maintenance or repair),

3. Exceptions."~• mean the following events:
i. Force Majeure;
Ii. Emergency Work, as defined below; and
iii. Lack of Internet Availability, as described below,

4. Emergency Work. In the event that Force Majeure, emergencies, dangerous conditions or other exceptional circumstances arise or continue during TMO, CONFIDENTIAL I Page 7 of 10
-- sensus
Sensus shall be entitled to take any actions that Sensus, In good faith, determines Is necessary or advisable to prevent, remedy, mitigate, or otherwise address actual or potenttal hann, lnterruptlon, loss, threal, securlty or like concern to any of the Host Systems or lhe FlexWare Software ("Emergency Wortl "). Such Emergency Work may Include, but is not limited to: analysis, testing, repair, maintenance, re-setting and other servicing of the hardware, cabling, networks, software and other devices, materials and systems lhrough which access to and/or use of the FlexWare Software by the Customer is made available (the "Host Systems"). Sensus shall endeavor to provide advance notice of such Emergency Work to Customer when practicable and possible.

5. Lack of lntemet Availabllity. Sensus shall not be responsible for any deterloration of perfonnance attributable to latencies In the public Internet or point-topoint network connection operated by a third party. Customer expressly acknowledges and agrees that Sensus does not and cannot control the flow of data to or from Sensus' networks and other portions of the Internet, and that such flow depends in part on the performance of Internet services provided or controlled by third parties, and that at times, actions or inactions of such third parties can impair or disrupt data transmitted through, and/or Customer's connections to, the Internet or point-to-point data connection (or portions thereoQ. Although Sensus will use commercially reasonable efforts to take actions Sensus may deem appropriate to mitigate the effects of any such events, Sensus cannot guarantee that such events will not occur. Accordingly, Sensus disclaims any and all liability resulting from or relating to such events.

B. Host Site-Security. Although Sensus may modify such security arrangements without consent or noUce to Customer, Customer acknowledges the following are the current arrangements regarding physical access to and support of the primary hardware components of the Host Systems:

1. The computer room(s) In which the hardware Is installed Is accessible only to authorized individuals.

2. Power infrastruclure includes one or more uninterrupfible power supply (UPS) devices and diesel generators or other alternative power for back-up electrical power.

3. Air-conditioning facilities (for humidity and temperature controls) are provided in or for such computer room(s) and can be monitored and adjusted for humidity and temperature settings and control. Such air systems are supported by redundant, back-up and/or switch-over environmental units.

4. Such electrical and AJC systems are monitored on an ongoing basis and personnel are avaUable to respond lo system emergencies (if any) in real time.

5. O,y pipe pre-action fire detection and suppression systems are provided.

6. Data circuits are available via muiUple providers and diverse paths, giving access redundancy.

C. Responsibllitles of Customer

1. Customer shall promptly pay all Software as a Service fees.

2. Customer may not (i) carelessly, knowingly, intentionally or maliciously threaten, disrupt, hann, abuse or interfere with the FlexWare Software, Host Systems or any of their functionality, performance, security or integrity, nor attempt to do so; (ii) impersonate any person or entity, including, but not limited lo, Sensus, a Sensus employee or another user; or (Iii) forge, falsify, disguise or otherwise manipulate any identification Information associated with Customer's access to or use of the FlexWare Software application.

3. The provisioning, compatibility, operation, security, support, and maintenance of Customer's hardware and software ("Custome(s Systems") is exclusively the responsibility of Customer. Customer Is also responsible, in particular, for correctly configuring and maintaining (i) the desktop environment used by Customer to access the FlexWare application hosted by Sensus; and (II) Custome(s network router and firewall, If applicable, to allow data to flow between the Customer's Systems and Sensus' Host Systems in a secure manner via the public Internet.

4. Each of Customer's authorized users will receive a username and password upon completion of the applicable Sensus registration process ("Autho~zed !lfil!m"). Such usernames and passwords will allow Authorized Users to access the FlexWare Software application. Customer shall be solely responsible for maintaining the security and confidentiality of each user ID and password pair associated with Customer's account, and Sensus will not be liable for any loss, damage or liability arising from Customer's account or any user ID and password pairs associated with Customer. Customer Is fully responsible for all acts and omissions that occur through the use of Customefs account and any user ID and password pairs. Customer agrees (i) not to allow anyone other than the Authorized Users to have any access to, or use of Custome(s account or any user ID and password pairs at any Ume; (II) lo notify Sensus immediately of any actual or suspected unauthorized use of Customer's account or any of such user ID and password pairs, or any other breach or suspected breach of security, restricted use or confidentiality; and (iii) to take the Sensus-recommended steps lo log out from and otherwise exit the FlexWare Software appllcaUon and t!ost Systems al !mi end of each session. Customer agrees that Sensus shan be entitled to rely, without inquiry, on the validity of the user accessing tho FlaxWare Software application through Cuslomer's account, account ID, usernames or passwords.

D. Disaster Recovery. In the case of a disaster and loss of access to or use of the FlexWare Software application, Sensus shall use commercially reasonable efforts to restore operations at the same location or at a backup location within twenty four (24) hours. Customer acknowledges and agrees that such an event may result In partlal or degraded service when re:itored. The pre-disaster/loss level of service shall be restored as a soon as commercially reasonable.

If Sensus Is providing Customer with a llcense lo use Harris Software, Customer agrees to the lollowlng:

Custolllllf Lloonoo Ai,eomonl

1. No lk:en.e is givoo la lho Customer lor !he soutco coda lo the Harr,s Sollwaro. The Custo/ll<!r agreo1 that it will no\ allempt to derive, or permit or help others lo derive lhuouroo cooerelaUi19 to lhe !lams Softwaro or attempt IQ olhe,v,lse convell or alter the Harris Soflwaio into human readable code. The Customer rurther al)!et15 that it will not att(l(Dpl to dupllcalll, or pcrmij or help others lo duplicate, lllo SOUit<! codo relating IQ !he Hanis Sollwale.

2. The Cuslorne1 shall have no right to modify the Harris Software supplied by Sensus ror Custome(s use under this Customer License Agreement without the piior !Mitten appioval and direction or Sensus ~nd Hanis.

3. Cus1oroer &hall notsublke1158 or pennit the sublicel!S<! orany or 111ft righ~ granted to lhe C~slOmet related IO tho Hams SoJ1W111&.

4. Tho Cuslamel e!JCeS !hot ii will not, QXcept os othcrvAso OJp,9~/ provlood In ihls Cusloowf Llcon111 Agrooownt or Ollcopt as cl'ctalod by Cuilome<'s standan:I computer system's backup prooedures and/or lost onvirot\ll'llnts, molo or allowolhc11 lo mako cop'oa or reproductions of the Hl!Jlis Softwaie °' other prop,leto,y lllfonnation in any [O!lll.

5. The Cus10mer will ensure !hat Iha Universal Copyright Con,enHon symbOI and other copy, ghl and proprietary nottoo8 of Horris will rnmain on 1h11 Harri& Software in machlna-,oadable ronn.

6. The CuG•.omo, will take !he same care IO salogua,d tt,e Hanis Softw~re as It lakes IO $alcguard lls own oon!denUal IIIIC1mation and such cero ,shall not be any less than oould be taken by a reasonable person lo safeguard ils own confidential infom,ation.

7. No third party, other lhnn duly aulhoritod lljjonts or employees of the Customer authorized pursuant to Iha licenses issued hO!eunder, shall have a~oss to Ot use of !he Harris SollwMa.

8. To enable Harris lo p,ovfde effocilve support. the CU111Dmer shall allow Horris to have remote access to toe Harris SollW~re and shall pom,lt Hams to use onllne diagnostics iJ re~uired during problem diagnosis
CONFIDENTIAL I Page 8 of 10
I. Introduction
ExhlbH B
Technical Support
-- se- 1nsus
Sensus Technical Services provides utility customers with a single point of contact for Tier 1 support of technical Issues as well as any coordination of additional resources required to resolve the issue. Requests that require specialized skills are to be forwarded to a senior support engineer or Technical Advisor within the team for further analysis. If Technlcel Services hes exhausted all troubleshooting efforts for the product type, the Issue will escalate to the Engineering Support Team. Occasionally, on-site troubleshooting/analysis may be required. The preferred order of on-site support is:
a) The Customer (for assistance with the easiest and lowest time-consuming activities such as power on/power off). b) The local distributor.
c) Sensus employees or contracted personnel, if required to fulfill a contract commitment.

2. Support Categories

2.1. General questions regarding functionality, use of product, how-to, and requests for assistance on Sensus AMR, AMI, RF Network Equipment, Metering Products and Sensus Lighting Control.
2,2. Proactive reporting and resolution of problems.

2.3. Reactlve reporting to Isolate, document, and solve reported hardware/software defects.

2.4. Responding to service requests and product changes.

2.5. Addressing customer inquiries with printed or electronic documentaffon, examples, or additional explenaflonlclarlflcatlon.

3. Support Hours

3.1. Standard Support Hours: Toll-free telephone support (1-600-638-3748 option #2) ls available Monday thru Friday from 8:00AM EST to 6:00PM EST. Afterhours, holiday and weekend support for Severity 1 and Severity 2 Issues is available by calling 1-800-638-3748, option #8. 4, Support Procedures

4.1. Customer idenHnes an issue or potential problem and calls Technical Services at 1-800-638-3748 Option #2. The Customer Service Associate or Technical Support Engineer will submit a Support tlcket.

4.2. The Customer Service Assoo!a.te or Technical Support Engineer will Identify the caller name and utility by the assigned software serial number, city, and state in which \he call originated. The nature of the problem and severity levels will be agreed upon by both parties (either at the lime the issue Is entered or prior to upgrading or downgrading an existing Issue) using the severicy definitions below as a guideline. The severity level ls then captured Into a support ticket for creation and resolution processing. Any time during the processing of this ticket, II Iha severity level is changed by Sensus, the customer will be updated.

Severity Levels Description:

Sev1 CustomMs production system Is down. The system is unusable resulting In total disruption of work. No workaround is available and requires immediate attention.

Example: Network mass outage, all reading collection devices Inoperable, inoperable head end software (e.g., FlexWare, Sensus MDM).

Sev2 Major system feature/function failure. Operations are severely restricted; there is a major disruption of work, no acceptable work-around ls available, and failure requires immediate attention.

Examples: Network equipment failure (e.g., FlexNet Echo, FlexNet Remote, Base Slatlon transceiver, or VGB); inoperable reading devices (e.g., AR5500, VXU, VGB, or CommandLink); head end software application has Important functionality not working and cannot create export Ille for billing system operations.

Sev3 The system is usable and Iha Issue doesn't affect critical overall operation.

Example: Minor network equipment failure (e.g., Echo/Remote false alarms or Base Station transceiver false alarms); head end software application operable but reports are not running properly, modification of view or some non-<:ritical function of the software ls not running.

Sev4 Minor system Issues, questlons, new features, or enhancement requests to be corrected In future versions.

Examples: Minor system Issues, general questions, and "How-To' questions.

4.3. The Customer Service Associate or Technical Support Engineer identifies whether or not the customer Is on support. If the customer is not on support, the customer is advised of the service options as well as any applicable charges that may be billed.

4.4. Calls are placed in a queue from which they are accessible to Technical Support Engineers on a first-come-first-serve basis. A first level Customer Service Associate may assist the customer, depending on the difficulty of the call and the representative's technical knowledge. Technical Support Engineers (Tier 1 support) typically respond/resolve the majority of calls based on their product knowledge and experience, A call history for the particular account ls researched to note any existing pattern or if the call ls a new report. This research provides the representative a basis and understanding of the account as well as any associated problems and/or resolutions that have been communicated. a. Technical Services confim1s that there is an issue or problem that needs further analysis to determine Its cause. The following information must be collected: a detailed description of the issue's symptoms, details on the software/hardware product and version, a description of the environment In which the issue arises, and a 11st of any corrective action already taken. b. Technical Services will check the internal database and product defect tracking system, to see If reports of a similar problem exist, and if any working solutions were provided. If an existing resolution ls found that will address the reported issue, it shall be communicated to the customer. Once ii Is confirmed that the issue has been resolved, the ticket Is closed. c. If there is no known defect or support that defines the behavior, Technical Services will work with the customer to reproduce the issue. If the Issue can be reproduced, either at the customer site or within support center test lab, Technical Services will escalate the ticket for further investigation/ resolution.

If the issue Involves units that are considered to be defective with no known reason, the representative will open a Special Investigation RMA through the Support system. If It Is determined that a sample is required for further analysis, the customer will be provided with instructions that detail where to send lhe product sample(s) for a root cause analysis. Once it ls determined that the issue cannot be resolved by Tier 1 resources, the ticket will be escalated to Tier 2 support for conflrmationlworkarounds to resolve Immediate Issue. Technical Services will immediately contact the customer to advise of the escalation. The response and escalation times are listed In Section 5. At this time, screen shots, log mes, configuration files, and database backups will be created and attached to the ticket.

CONFIDENTIAL I Page 9 or 10
5,

6. -- sensus
Response and Resolution Tll'gets.

Sensus Technlcal Support will make every reasonable effort to meet the following response and resolution targets:

Severity Standard Target Standard Target Reaolutlon Resolution (one or more of the following) R81DOR&e Immediately assign trained and qualifled • SaUsfactory workaround Is provided.

Services Staff to correct the error on an • Program patch is provided. 1 30 Minutes expedited basis. Provide ongoing • Fix incorporated into future release. communication on the status of a • Fix or workaround incorporated into the Support correction. Knowledge Base. • Satisfactory workaround is provided.

Assign trained and qualified Services • Program patch Is provided. 2 4 hours Staff to correct the error. Provide • Fix Incorporated Into future release. communication as updates occur. • Fix or workaround incorporated Into the Support Knowledoe Base.
• Answer to question is provided.
• Satisfactory workaround is provided.
3 1 Business Day 90 business days • Fix or workaround Incorporated Into the Support Knowledge Base.
• Fix lncoroorated Into Julure release.
• Answer to question is provided.
4 2 Business Days 12 months • Fix or workaround Incorporated into the Support Knowledge Base.

Problem Escalation Process.

6.1. If the normal support process does not produce the desired results, or if the severity has changed, the Issue may be escalated as follows to a higher level of authority.

6.1.1. 6.1.2.

Severity 1 issues are escalated by Sales or Technical Services to a Supervisor ii not resolved within 2 hours; to the Manager level if not resolved within 4 hours; to the Director level if not resolved wilhin the same business day; and to the VP level If not resolved within 24 hours.

A customer may escalate an issue by calling H00-638-3748, Option 2. Please specify the Support ticket number and the reason why the issue is being escalated.

6.1.3. In the event that a customer is not satisfied with the level of support or continual problem with their products, they may escalate a given Support llcket to Manager of T echnlcal Services ( 1-800-638-3748, Option 2).

7. General Support Provisions and Exclusions.

7.1. A Dell-provided three-year ProSupport hardware service plan plus a 4 hour "Mission Critlcal" upgrade accompanies the server/system hardware that Sensus procures on behalf of the customer. Sensus does not warrant third party server hardware. The customer may renew the ProSupport service plan directly with Dell. The 'Dell Master Services Agreemenr and 'Pro Support for IT Services Description' documents may be found at www.dell.com/servlce contracts.

7.2. Sensus procures certain third party software licenses (e.g. Red Hat Enterprise Linux) required lo operate the FlexNet-based applications on the Dell hardware.

Sensus registers all the applicable third party software licenses in the customer's name and ships all documentaijon and licensing Information to the customer with the server. The customer is responsible for maintaining all third party software licenses.

7.3. In the event of a server hardware !allure at lhe customer site, Sensus will provide replacement Sensus proprietary software (e.g., FlexWare} either on digital medla or downloadable from an !nlernet site, as necessary. The method of software red/slnbulion is at Sensus' discretion. The customer Is responsible for relnslalllng the replacement software. Sensus tnslallallon support is not covered under this standard Technical Support program but may be provided as a feebased service.

7.4. Sensus provides online documentation for Sensus products through the Sensus User Forum (http://myftexnetsystem.com/Module/User/Login). All Sensus customers are provided access to this onllne da1abase, which Includes operation, configuration and technical manuals. Sensus also hosts periodic user group teleconferences to facilitate the interchange al product ideas, product enhancements, and overall customer experiences. The customer shall provide names and email accounts to Sensus so Sensus may provk!e access to the Portal. 7 .5. Specialized support from Sensus Is avallable on a fee basis to address support issues outside the scope of this support plan or if not covered under another specific maintenance contract. For example, specialized systems Integration services or out of warranty network equipment repair that is not covered under a separate maintenance contract.

CONFIDENTIAL I Pege 10 of 10
RESOLUTION NO. 19_--- 163

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH SENSUS USA INC. FOR

ADVANCED METERING INFRASTRUCTURE SERVICES AND AUTHORIZING THE

MAYOR TO SIGN THE AMENDMENT ON BEHALF OF THE CITY
WHEREAS, the City of Madera (City) and Sensus USA Inc. (Sensus) entered into an Agreement dated January 5, 2015, for Advanced Metering Infrastructure Services; and WHEREAS, Sensus has submitted the First Amendment to the Agreement in response to the City's request to upgrade the system software; and
WHEREAS, the proposed Amendment to the Agreement is in the best interests of t he City and Sensus.

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 First Amendment to the Agreement for Advanced Metering Infrastructure Services with Sensus, attached hereto as Exhibit 1, is approved.

3. The Mayor is authorized to execute the Amendment on behalf of the City.

4. This Resolution is effective immediately upon adoption. * * * * *
Exhibit C
PASSED AND ADOPTED by the City Council of the City of Madera this 18th day of September 2019 by the following vote:

AYES: Mayor Medellin, Council Members Montes, Gallegos, Rodriguez, Robinson, Garcia and Holley.

NOES: None.

ABSTENTIONS: None.

ABSENT: None.

ATTEST:

ALICIA GONZALES, City Clerk
APPROVED AS TO LEGAL FORM:

Not Required.

City Attorney

FIRST AMENDMENT TO THE

ADVANCED METERING INFRASTRUCTURE AGREEMENT
("First Amendment")
This First Amendment is made this~ day of September 2019 ("Effective Date"), by and between Sensus USA Inc., a corporation of the State of Delaware with offices at 637 Davis Drive, Morrisville, North Carolina 27560 ("Sensus"), and City of Madera, a city formed in the State of California, ("Customer").

WHEREAS, Sensus and Customer entered into an Advanced Metering Infrastructure Agreement on January 5, 2015 ("Agreemenr'); and
WHEREAS the parties desire to amend the Agreement according to the terms and conditions in this First Amendment; and NOW THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth in this First Amendment, the parties hereto mutually covenant and agree to amend the Agreement as follows:

1. Defined Terms. Any terms used in this First Amendment as defined terms, and which are not defined herein, shall have the meanings given to those terms in the Agreement.

2. Software. By way of this First Amendment, Customer hereby elects to utilize Sensus Analytics software in lieu of the Harrislicensed Logic software. Accordingly, Exhibit A of the Agreement is hereby replaced in its entirety with the Exhibit A attached hereto.

3. Intellectual Property. Section 5.E. of the Agreement is hereby replaced in its entirety with the following:

E. Intellectual Property Rights.
i. Software and Materials. No Intellectual Property is assigned to Customer hereunder. Excluding Customer Data, Sensus shall own or continue to own all right, title, and interest in and to the Intellectual Property associated with the Software and related documentation, including any derivations and/or derivative works (the "Sensus IP"). To the extent, if any, that any ownership interest in and to such Sensus IP does not automatically vest in Sensus by virtue of this Agreement or otherwise, and instead vests in Customer, Customer agrees to grant and assign and hereby does grant and assign to Sensus all right, title, and interest that Customer may have in and to such Sensus IP. Customer agrees not to reverse engineer any Sensus Products purchased or provided hereunder.
ii. Customer Data. Notwithstanding the prior paragraph, as between Customer and Sensus, Customer remains the owner of all right, title or interest in or to any Customer Data. "Customer Data" means solely usage data collected by the Field Devices. To avoid doubt, Customer Data does not include non-End User usage data collected by the Field Devices, Software, or AMI System, such as network and equipment status information or the like.
iii. Consent to Use of Customer Data. Customer hereby irrevocably grants to Sensus a royalty-free, nonexclusive, irrevocable right and license to access, store, and use such Customer Data and any other data or information provided to Sensus, to (1) provide the Service; (2) analyze and improve the Service; (3) analyze and improve any Sensus equipment or software; or (4) for any other internal use. As used herein, "Service" means Sensus' obligations under this Agreement. iv. Access to Customer Data. Within 45 days of Customer's written request, Sensus will provide Customer a copy of the previous 24 months CMEP interval file and deliver the file to a drop location specified by Customer.

4. Data Privacy. New Section 5.P. is hereby added to the Agreement:

P. Data Privacy. Customer acknowledges that Sensus and its Affiliates (collectively, "Xylem") will collect and process personal data for the purposes outlined in this Agreement. Xylem's data privacy policy is available at https://www.xylem.com/en-us/support/privacy/. Customer acknowledges that it has read and understood Xylem's CONFIDENTIAL I Page 1 of 7
(
privacy policy and agrees to the use of personal data outlined therein. The collection and use of personal data by Customer is Customer's responsibility.

5. Insurance. New Section 5.Q. is hereby added to the Agreement:

Q. Professional (E&O) Liability/Cyber Liability. Sensus shall maintain Professional Liability, Technology Errors & Omissions Liability and Network Security & Privacy Liability insurance with limits of two million ($2,000,000) per claim and in the aggregate. Sensus will list Customer as an additional insured party under this insurance policy. Coverage shall include: (i) Failure to prevent unauthorized access to, use of or tampering with computer systems/networks, including denial of service, unless directly caused by a mechanical or electrical failure, (ii) Unauthorized disclosure of personal or confidential information, (iii) liability arising out Xylem' professional errors and/or omissions resulting in the introduction of a computer virus or other malicious code causing damage to Customer's computer system, network or similar related property and the data, software and programs thereon, (iv) liability for intellectual property infringement claims and for indemnification and legal defense of any claims of intellectual property infringement, including infringement of copyright, or trade mark, brought against Customer for the FlexNet System, (v) government investigations and associated fines/penalties, if insurable by law, resulting from the alleged or actual disclosure of personal or confidential information or security breach, (vi) liability for Customer's non-physical business interruption due to a security failure of a Sensus computer system, network, hardware or software or Sensus' professional services. The policy will have a retroactive date of no later than the effective date of this Agreement and coverage shall be maintained for an additional period of three (3) years following termination of the Agreement.

6. Entire Agreement. The Agreement, as amended by this First Amendment, constitutes and contains the entire understanding and agreement of the parties. To the extent that the provisions of this First Amendment are inconsistent with the Agreement, the terms of this First Amendment shall control. Except as expressly amended or modified in this First Agreement, all other terms and conditions of the Agreement shall remain in full force and effect and this First Amendment shall be binding upon the parties.

IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be signed by their respective officers, authorized as of the day and year written above.
t;:::-_ . SENSUS USA INC.~
By: J"'->b ~ ,
Name: Tim Harriger J. Medellin
Title: VP Sales NA Water Title: ___ M_a~y _o_r _____ _
Date: September 4, 2019 Date: ___ 0_9-/ 18_ ~/_1_9 ___ _ CONFIDENTIAL I Page 2 of 7
Software as a Service

1. Description of Services.

Exhibit A
Software
This exhibit contains the details of the Software as a Service that Sensus shall provide to Customer if both; (i) pricing for the application of Software as a Service has been provided to the Customer; and (ii) the Customer is current in its payments to Sensus' authorized distributor for such application of Software as a Service.

A. Software as a Service Generally.

Software as a Service is a managed service in which Sensus will be responsible for the day-to-day monitoring, maintenance, management, and supporting of Customer's software applications. In a Software as a Service solution, Sensus owns all components of the solution (server hardware, storage, data center, network equipment, Sensus software, and all third-party software) required to run and operate the application. These software applications consist of the following (each an "Applicalion"):
• Regional Network Interface (RNI) Software
The managed application systems consist of the hardware, Sens us Software, and other third-party software that is required to operate the software applications.

Each Application will have a production, and Disaster Recovery (as described below) environment Test environments are not provided unless otherwise specifically agreed by Sensus in writing. Sensus will manage the Applications by providing 24 x 7 x 365 monitoring of the availability and performance of the Applications.

B. Use of Software as a Service. Subject to the terms of this Agreement, Sensus shall make Software as a Service available to Customer to access and use solely for the Permitted Use and solely for so long as Customer is current in its payments to Sensus or its authorized distributor for Software as a Service. The Software as a Service term commences on the date that Sensus first makes Software as a Service available to Customer for use, and ends upon the earlier of:
(i) the expiration or termination of the Agreement; (ii) breach by Customer of this exhibit or the Agreement; or (iii) Customer's termination of Software as a Service as set forth in paragraph (C) below.

C. Termination of an Application. Customer shall have the option at any time before the end of the Term to terminate any Application by giving Sensus one hundred twenty (120) days prior written notice. Such notice, once delivered to Sensus, is irrevocable. Should Customer elect to terminate any Application, Customer acknowledges that; (a) Customer shall pay all applicable fees, including any unpaid Software as a Service fees due in the current calendar year plus a ten percent (10%) early termination fee, where such fee is calculated based on the annual Software as a Service fee due in the current calendar year; and (b) Software as a Service for such Application shall immediately cease. If Customer elects to terminate the RNI Application in the Software as a Service environment but does not terminate the Agreement generally, then upon delivery of the notice to Sens us, Customer shall purchase the necessary (a) RNI hardware from a third party and (b) RNI software license at Sensus' then-current pricing. No portion of the Software as a Service fees shall be applied to the purchase of the RNI hardware or software license.

D. Software as a Servlce means Q.!WL the following services:

Sensus will provide the use of required hardware, localed at Sensus' or a third-party's data center facility (as determined by Sensus), that is necessary to operate the Application.
ii. Sensus will provide production and disaster recovery environments for Application. iii. Sensus will provide patches, updates, and upgrades to latest Sensus Hosted Software release. iv. Sensus will configure and manage the equipment (server hardware, routers, switches, firewalls, etc.) in the data centers:
(a) Network addresses and virtual private networks (VPN) (b) Standard time source (NTP or GPS)
(c) Security access points
(d) Respond to relevant alarms and notifications
v. Capacity and performance management. Sensus will:
(a) Monitor capacity and performance of the Application server and software applications 24x7x365 using KPI metrics, thresholds, and alerts to proactively identify any potential issues related to system capacity and/or performance (i.e. database, backspool, logs, message broker storage, etc.)
(b) If an issue is identified to have a potential impact to the system, Sensus will open an incident ticket and manage the ticket through resolution per Exhibit B, Technical Support.
(c) Manage and maintain the performance of the server and perform any change or configuration to the server, in accordance to standard configuration and change management policies and procedures. (d) Manage and maintain the server storage capacity and performance of the Storage Area Network (SAN), in accordance to standard configuration and change management policies and procedures.
(e) Exceptions may occur to the system that require Sensus to take immediate action to maintain the system capacity and performance levels, and Sensus has authority to make changes without Customer approval as needed, in accordance to standard configuration and change management policies and procedures.
vi. Database management. Sensus will:
(a) Implement the data retention plan and policy, and will provide the policy upon request. (b) Monitor space and capacity requirements.
(c) Respond to database alarms and notifications.
(d) Install database software upgrades and patches.
(e) Perform routine database maintenance and cleanup of database to improve capacity and performance, such as rebuilding indexes, updating indexes, consistency checks, run SQL query/agent jobs, etc. vii. Incident and Problem Management. Sensus will:

CONFIDENTIAL I Page 3 of 7
(a) Proactively monitor managed systems (24x7x365) for key events and thresholds to proactively detect and identify incidents. (b) Respond to incidents and problems that may occur to the Application(s). (c) Maintain policies and procedures for responding to incidents and performing root cause analysis for ongoing problems. (d) Correlate incidents and problems where applicable.
(e) Sensus personnel will use the self-service portal to document and track incidents. (D In the event that Sensus personnel is unable to resolve an issue, the issue will be escalated to the appropriate Subject Matter Expert (SME). (g) Maintain responsibility for managing incident and problems through resolution and will coordinate with Customer's personnel and/or any required third-party vendor to resolve the issue.
(h) Provide telephone support consistent with Exhibit B, Technical Support in the case of undetected events. viii. Security Management. Sensus will:
(a) Monitor the physical and cyber security of the server and Application(s) 24x7x365 to ensure system is highly secure in accordance with NIST Security Standards.
(b) Perform active intrusion prevention and detection of the data center network and firewalls, and monitor logs and alerts. (c) Conduct period penetration testing of the network and data center facilities. (d) Conduct monthly vulnerability scanning by both internal staff and external vendors. (e) Perform anti-virus and Malware patch management on all systems. (D Install updates to virus protection software and related files (including virus signature files and similar files) on all servers from the update being generally available from the anti-virus software provider. (g) Respond to any potential threat found on the system and work to eliminate any virus or malware found. (h) Adhere to and submit certification to NERC/CIP Cyber Security standards. (i) Monitors industry regulation/standards regarding security- NERC, FERG, NIST, OpenSG, etc. through the dedicated Sensus security team.

U) Provide secure web portal access (SSL) to the Application(s). ix. Backup and Disaster Recovery Management. Sensus will:
(a) Perform daily backups of data providing one (1) year of history for auditing and restoration purposes. (b) Back-up and store data (on tapes or other storage media as appropriate) off-site to provide protection against disasters and to meet file recovery needs.
(c) Conduct incremental and full back-ups to capture data, and changes to data, on the Application(s). (d) Replicate the Application(s) environments to a geographically separated data center location to provide a full disaster recovery environment for the Application production system.
(e) Provide disaster recovery environment and perform fail-over to Disaster Recovery environment within forty-eight (48) hours of declared event. (D Generate a report following each and any disaster measuring performance against the disaster recovery plan and identification of problem areas and plans for resolution.
(g) Maintain a disaster recovery plan. In the event of a disaster, Sensus shall provide the services in accordance with the disaster recovery plan. (h) In the case of a disaster and loss of access to or use of the Application, Sensus would use commercially reasonable efforts per the Recovery Time Objectives (RTO) and Recovery Point Objectives (RPO) specified herein to restore operations at the same location or at a backup location within forty-eight (48) hours.
(i) The Application shall have a RTO of forty-eight (48) hours.

U) The RPO shall be a full recovery of the Application(s), with an RPO of one (1) hours, using no more than a twenty-four (24) hour old backup. All meter-related data shall be pushed from each Base Station/TGB restoring the database to real-time minus external interfaced systems from the day prior.
(k) Data from external interfaced systems shall be recreated within a forty-eight (48) hour period with the assistance of Customer personnel and staff, as needed.

E. Customer Responsibilities:

Coordinate and schedule any changes submitted by Sensus to the system in accordance with standard configuration and change management procedures.
ii. Participate in all required configuration and change management procedures. iii. Customer will log incidents related to the managed Application with Sensus personnel via email, web portal ticket entry, or phone call. iv. Responsible for periodic processing of accounts or readings (i.e., billing files) for Customer's billing system for billing or other analysis purposes. v. Responsible for any field labor to troubleshoot any SmartPoint modules or smart meters in the field in populations that have been previously deployed and accepted.
vi. First response labor to troubleshoot FlexNet Base Station, R1 ODs, Remote Transceivers or other field network equipment. vii. Responsible for local area network configuration, management, and support. viii. Identify and research problems with meter reads and meter read performance. ix. Create and manage user accounts.
x. Customize application configurations.
xi. Support application users.
xii. Investigate application operational issues (e.g., meter reads, reports, alarms, etc.). xiii. Respond to alarms and notifications.
xiv. Perform firmware upgrades over-the-air, or delegate and monitor field personnel for on-site upgrades.

CONFIDENTIAL I Page 4 of 7
F. Software as a Service does not include any of the following services:

Parts or labor required to repair damage to any field network equipment that is the result of a Force Majeure event. ii. Any integration between applications, such as Harris MeterSense, would require a Professional Services contract agreement to be scoped, submitted, and agreed in a signed writing between Sensus and all the applicable parties.

If an item is not listed in subparagraphs in item (D) above, such item is excluded from the Software as a Service and is subject to additional pricing.

2. Further Agreements
A. System Uptime Rate.
i. Sensus (or its contractor) shall manage and maintain the Application(s) on computers owned or controlled by Sensus (or its contractors) and shall provide Customer access to the managed Application(s) via internet or point to point connection (i.e., Managed-Access use), according to the terms below. Sensus endeavors to maintain an average System Uptime Rate equal to ninety-nine (99.0) per Month (as defined below). The System Uptime Rate, cumulative across all Applications, shall be calculated as follows:

System Uptime Rate= 100 x CTMO - Total Non-Scheduled Downtime minutes in I.he Month) TMO
ii. Calculations
a. Targeted Minutes of Operation or TMO means total minutes cumulative across all Applications in the applicable month minus the Scheduled Downtime in the Month.
b. Scheduled Downtime means the number of minutes during the Month, as measured by Sensus, in which access to any Application is scheduled to be unavailable for use by Customer due to planned system maintenance. Sensus shall provide Customer notice (via email or otherwise) at least seven (7) days in advance of commencement of the Scheduled Downtime. c. Non-Scheduled Downtime means the number of minutes during the Month, as measured by Sensus, in which access to any Application is unavailable for use by Customer due to reasons other than Scheduled Downtime or the Exceptions, as defined below (e.g., due to a need for unplanned maintenance or repair).
iii. Exceptions. Exceptions mean the following events:
• Force Majeure
• Emergency Work, as defined below; and
• Lack of Internet Availability, as described below.
a. Emergency Work. In the event that Force Majeure, emergencies, dangerous conditions or other exceptional circumstances arise or continue during TMO, Sensus shall be entitled to take any actions that Sensus, in good faith, determines is necessary or advisable to prevent, remedy, mitigate, or otherwise address actual or potential harm, interruption, loss, threat, security or like concern to any of the Application(s) ("Emergency Work"). Such Emergency Work may include, but is not limited to: analysis, testing, repair, maintenance, re-setting and other servicing of the hardware, cabling, networks, software and other devices, materials and systems through which access to and/or use of the Application(s) by the Customer is made available (the "Managed Systems"). Sensus shall endeavor to provide advance notice of such Emergency Work to Customer when practicable and possible.
b. Lack of Internet Availability. Sensus shall not be responsible for any deterioration of performance attributable to latencies in the public internet or point-to-point network connection operated by a third party. Customer expressly acknowledges and agrees that Sensus does not and cannot control the fiow of data to or from Sensus' networks and other portions of the Internet, and that such flow depends in part on the performance of Internet services provided or controlled by third parties, and that at times, actions or inactions of such third parties can impair or disrupt data transmitted through, and/or Customer's connections to, the Internet or point-to-point data connection (or portions thereoD. Although Sensus will use commercially reasonable efforts to take actions Sensus may deem appropriate to mitigate the effects of any such events, Sensus cannot guarantee that such events will not occur. Accordingly, Sensus disclaims any and all liability resulting from or relating to such events. iv. System Availability. For each month that the System Uptime Rates for the production RNI falls below 99.0%, Sensus will issue Customer the following Service Level Credits:

II Sy,stentu,t1ln'81 R.lCe pw'GIII~ 1h ... tavan:redft
Less than 99.0% but at least 97.5% 5% of the monthly RNI Saas Fees in which the service level default occurred (Note: Saas fees are pre-paid annually and for purposes of SLA Credits are computed on a monthly basis.)
Less than 97.5% but at least 95.0% 10% of the monthly RNI Saas Fees in which the service level default occurred
Less than 95.0% 20% of the monthly RNI Saas Fees in which the service level default occurred
Service Level Credits for any single month shall not exceed 20% of the RNI Saas Fee associated with the month in which the service level default occurred.

Sensus records and data will be the sole basis for all Service Level Credit calculations and determinations, provided that such records and data must be made available to Customer for review and agreement by Customer. To receive a Service Level Credit, Customer must issue a written request no later than ten (10) days after the Service Level Credit has accrued. Sensus will apply each valid Service Level Credit to the Customer's invoice within 2 billing cycles after Sensus' receipt of Customer's request and confirmation of the failure to meet the applicable Service Level Credit. Service Level Credits will not be payable for failures to meet the System Uptime Rate caused by any Exceptions. No Service Level Credit will apply if Customer is not current in its undisputed payment obligations under the Agreement. Service Level Credits are exclusive of any applicable taxes charged to Customer or collected by Sensus. Sensus shall not refund an unused Service Level Credits or pay cash to Customer for any unused Service Level Credits. Any unused Service Level Credits at the time the Agreement terminates will be forever forfeited. THE SERVICE LEVEL CREDITS DESCRIBED IN THIS SECTION ARE THE

SOLE AND EXCLUSIVE REMEDY FOR SENSUS' FAILURE TO MEET THE SYSTEM UPTIME REQUIREMENT OR ANY DEFECTIVE SAAS PERFORMANCE. IN NO EVENT SHALL THE AGGREGATE AMOUNT OF SERVICE LEVEL CREDITS IN ANY ANNUAL PERIOD EXCEED 20% OF THE ANNUAL RNI SAAS FEE.

CONFIDENTIAL I Page 5 of 7
B. Data Center Site-Security. Although Sensus may modify such security arrangements without consent or notice to Customer, Customer acknowledges the following are the current arrangements regarding physical access to and support of the primary hardware components of the Managed Systems:

The computer room(s) in which the hardware is installed is accessible only to authorized individuals. ii. Power infrastructure includes one or more uninterruptible power supply (UPS) devices and diesel generators or other alternative power for back-up electrical power.
iii. Air-conditioning facilities (for humidity and temperature controls) are provided in or for such computer room(s) and can be monitored and adjusted for humidity and temperature settings and control. Such air systems are supported by redundant, back-up and/or switch-over environmental units. iv. Such electrical and A/C systems are monitored on an ongoing basis and personnel are available to respond to system emergencies (if any) in real time. v. Dry pipe pre-action fire detection and suppression systems are provided. vi. Data circuits are available via multiple providers and diverse paths, giving access redundancy.

C. Responsibilities of Customer.

Customer shall promptly pay all Software as a Service fees. ii. Customer may not (i) carelessly, knowingly, intentionally or maliciously threaten, disrupt, harm, abuse or interfere with the Application(s), Managed Systems or any of their functionality, performance, security or integrity, nor attempt to do so; (ii) impersonate any person or entity, including, but not limited to, Sensus, a Sensus employee or another user; or (iii) forge, falsify, disguise or otherwise manipulate any identification information associated with Customer's access to or use of the Application(s). iii. The provisioning, compatibility, operation, security, support, and maintenance of Customer's hardware and software ("Gustomer's Systems") is exclusively the responsibility of Customer. Customer is also responsible, in particular, for correctly configuring and maintaining (i) the desktop environment used by Customer to access the Application(s) managed by Sensus; and (ii) Customer's network router and firewall, if applicable, to allow data to flow between the Customer's Systems and Sensus' Managed Systems in a secure manner via the public Internet. iv. Upon receiving the system administrator account from Sensus, Customer shall create usemame and passwords for each of Customer's authorized users and complete the applicable Sensus registration process (Authorized Users). Such usernames and passwords will allow Authorized Users to access the Application(s). Customer shall be solely responsible for maintaining the security and confidentiality of each user ID and password pair associated with Customer's account, and Sensus will not be liable for any loss, damage or liability arising from Customer's account or any user ID and password pairs associated with Customer. Customer is fully responsible for all acts and omissions that occur through the use of Customer's account and any user ID and password pairs. Customer agrees (i) not to allow anyone other than the Authorized Users to have any access to, or use of Customer's account or any user ID and password pairs at any time; (ii) to notify Sensus immediately of any actual or suspected unauthorized use of Customer's account or any of such user ID and password pairs, or any other breach or suspected breach of security, restricted use or confidentiality; and (iii) to take the Sensus-recommended steps to log out from and otherwise exit the Application(s) and Managed Systems at the end of each session. Customer agrees that Sensus shall be entitled to rely, without inquiry, on the validity of the user accessing the Application(s) application through Customer's account, account ID, usemames or passwords.
v. Customer shall be responsible for the day-to-day operations of the Application(s) and FlexNet System. This includes, without limitation, (i) researching problems with meter reads and system performance, (ii) creating and managing user accounts, (iii) customizing application configurations, (iv) supporting application users, (v) investigating application operational issues, (vi) responding to alarms and notifications, and (vii) performing over-the-air commands (such as firmware updates or configuration changes).

D. Software Solution Components.

Description of Software Solutions. Sensus software consists of a core communication module and a set of applications. Some applications are required to perform basic solution capabilities, other applications are optional and add additional capabilities and function to the overall solution. As Customer's business process expands and/or new Sensus offerings are made available, additional applications and functionality can dynamically be added to the solution, provided Customer purchases such additional applications. ii. Regional Network Interface. The Regional Network Interface (RNI) or Sensus head-end is the centralized intelligence of the FlexNet network; the RN l's primary objective is to transfer endpoint (such as meters) data to the Customer and the advanced feature applications. The RNI is adaptable to Customer configurations by simultaneously supporting a wide range of FlexNet enabled endpoints; including but not limited to meters (electric, water, gas), street lighting, and Home Area Network devices.
a. Core Package
(i) Communication

1. Manages all inbound and outbound traffic to and from endpoints

2. Outbound routing optimization

3. Route analyzer

4. AES256 bit encryption of radio messages

5. Reports and metric details of network performance and troubleshooting aids

6. Management of RF equipment (base stations and endpoint radios) (ii) Data Collection

1. Missing read management

2. Management of duplicate reads

3. 60 day temporary storage
(iii) Application integration

1. To Sensus Analytics applications

2. Enable 3rd party application integration

3. Batch CMEP file export

4. Real-time access through MultiSpeak
CONFIDENTIAL I Page 6 of 7
(iv) Endpoint Management

1. Gas, water, electric, lighting concurrent support

2. Remote configuration

3. Remote firmware updates

4. Reports, metrics and Troubleshooting
(v) User Management

1. Secure access

2. Password management

3. Definable user roles

4. User permissions to manage access to capabilities
b. Integration of RNI. Sensus shall provide RNI integration support services to Customer only to the extent specifically provided below:
(i) Sensus shall meet with the representative from the Customer's system(s) targeted for integration to determine which integration method is appropriate (e.g., Multispeak, CMEP, etc.).

1. In scope and included integration efforts: Provide the gateway URLs to the integrating system as needed, provide Customer with standard integration API documentation, validate and test that the correct Customer information is flowing into and/or out of the RNI.

2. Out of scope and subject to additional charges: Modifications or extensions to the standard API provided by Sensus and any integration efforts not outlined above as in scope and included.
(ii) Customer Responsibilities:

1. Provide Sensus with information about the relevant information Customer wishes to transfer and integrate with the RNI.

2. Establish the network and security required for the two systems to reasonably communicate.

3. Verify integration to third party system functionality is working as intended. (iii) If an item is not listed in subparagraph (i) above, such item is excluded from the integration of Sensus RNI Support and is subject to additional pricing.

3. Third Party Software.

A. RedHat Linux.If Sensus is providing Customer with a license to use RedHat Linux Software, Customer agrees to the following:

By entering into this Agreement, Customer agrees to abide by and to be legally bound by the terms and conditions of the Red Hat End User License Agreements identified below, each of which are incorporated into this Agreement by reference and are available at the websites identified below. Please read the Red Hat End User License Agreements and incorporated references carefully.

Subscription: End User License Agreement:

Red Hat Enterprise Linux http://www.redhat.com/licenses/rhel_rha_eula.html JBoss Enterprise Middleware http://www.redhat.com/licenses/jboss_eula.html CONFIDENTIAL I Page 7 of 7
Exhibit D

February 06, 2023
Re: Sole Source
To Whom It May Concern:

Sensus, a Xylem brand recognizes $Tua0eWrLF 6aOeV &RPSaQy as aQ Authorized Distributor of Sensus products for 6RuWKerQ &aOLIRrQLa, FRuQWLeV RI FreVQR, ,PSerLaO, ,QyR, .erQ, .LQJV, /RV $QJeOeV, 0aGera, 0arLSRVa, 0erFeG, 2raQJe, 5LYerVLGe, 6aQ %eQLWR, 6aQ %erQarGLQR, 6aQ 'LeJR, 6aQ /uLV 2bLVSR, 6aQWa %arbara, 6WaQLVOauV, 7uOare, aQG 9eQWura
Purchasing Sensus products from an authorized distributor in your area ensures that your products will be properly supported and warranted. Please contact $Tua0eWrLF 6aOeV &RPSaQy for all of your Sensus needs.

We look forward to providing your business with quality water products and service in the near future. Please feel free to contact me if you have any questions.

Sincerely,
Trena Simmons
Partner Success Specialist
Sensus, Xylem Brand
Trena Simmons
637 Davis Drive
Morrisville, NC 27560 USA
T: 919.424.8959
[email protected]
sensus.com
July 28, 2025 August 28, 2025 October 9, 2025
Exhibit E
Madera City Council Agenda
October 15, 2025
Agenda Item E-1
Selecting Recipients for November Proclamations
(Report by Alicia Gonzales)
There is no written report for this item.

Return to Agenda

REPORT TO CITY COUNCIL
Council Meeting of: October 15, 2025
Agenda Number: ___________
Keith Helmuth, Department Director
Arnoldo Rodriguez, City Manager
SUBJECT:

Domestic Well Mitigation Program (DWMP) Update
RECOMMENDATION:

Receive update and provide direction regarding information provided as part of this report to City Council
SUMMARY:

During the City Council (Council) meeting of September 17, 2025, Council received a status update relative to the DWMP process. As part of the staff report and presentation, Council provided direction that staff should continue to collaborate with the Madera Irrigation District (MID) and Madera Water District (MWD) relative to possible partnering on a DWMP. Council also indicated that staff should continue dialogue with the County of Madera (County) in the event partnering with MID and MWD does not prove to be feasible.

DISCUSSION:

As part of the September 17, 2025 Council meeting, staff indicated that a meeting was scheduled for September 26, 2025 with MID and MWD. Additionally, the next meeting of the GSA Coordination Workgroup (Workgroup) was scheduled for October 1, 2025. Both the Workgroup meeting and Council meeting scheduled for October 1 were cancelled. The Workgroup meeting was then later rescheduled for October 9.

As part of the September 26 meeting with MID and MWD, MID sought to confirm the intent of the City and MWD to partner in the DWMP. Staff confirmed with MID that the City’s intent was Approved by:

Groundwater Sustainability Agency
E-2
Return to Agenda
to move forward. This was expressed by staff after it was confirmed that the understanding of how a partnership would work as discussed in a previous August 25 meeting remained unchanged. That understanding remains as:
 Acceptance of 1% impact or about $80,000 first year.
 Likely continuation of management costs beyond completion of City projects –Costs are unknown at this point beyond a desire to accelerate determination of dry well and subsequent mitigation over that which appeared likely under the framework that was proposed for all Groundwater Sustainability Agencies (GSA).
 Simplified determination of what represents a dry well – Goal is to establish well is dry purely from dropping water table.

Following this meeting, MID provided a draft agreement to the City and MWD for consideration.

The agreement, Memorandum of Understanding with Respect to the Cost Sharing in the Implementation of the Domestic Well Mitigation Program (MOU) is provided as Attachment A.

Staff has confirmed that MID is open to changes that include defining first year contributions (i.e.

City is $80,000), well mitigation cost estimated as $35,000 for the first and generic description of what goes into determining future contributions.

The rescheduled Workgroup meeting for October 9 did occur as scheduled. The discussion focused on what was previously described as the draft Framework Agreement for Uniform Domestic Well Mitigation Implementation in the Madera Subbasin of the San Joaquin Valley Groundwater Basin. This document was intended to illustrate to the State Department of Water Resources (DWR) that the GSAs within the Madera Subbasin are complying with SGMA requirements relative to mitigation of dry domestic water wells. Through email exchanges, it was later proposed that it should be redrafted as a letter document (very specifically not agreement) by at least one GSA if they were to place their signature on the document. As of this latest Workgroup meeting, it appears as though both of these possibilities have been dismissed in favor of a simple letter with one signatory as seen in Attachment 2; that of the Madera Subbasin Point of Contact (Point of Contact). This letter was prepared by the Point of Contact within a couple of hours of the conclusion of the Workgroup meeting. As such, it had not received any comments prior to this staff report being finalized. The intent of the letter will be an update on recent subbasin activities and progress toward ensuring that domestic wells impacted by declining groundwater levels as a function of Groundwater Sustainability Plan (GSP) implementation within the Subbasin are both timely and appropriately mitigated. The letter does not, at present, contain definitive commitments. It is unknown if this approach will meet with acceptance by the State.

FINANCIAL IMPACT:

It is not anticipated there would be any immediate impacts to the General Fund so long as cost of mitigation is built into the Water Fund as part of the next rate study.

ALTERNATIVES:

None - This report does not include topics of discussion that might be subject to alternatives.

ATTACHMENTS:

1. Memorandum of Understanding with Respect to the Cost Sharing in the Implementation of the Domestic Well Mitigation Program

2. Draft Madera Subbasin (5-022.06 Madera) – Domestic Well Mitigation Program Implementation
Attachment 1
Memorandum of Understanding with Respect to the Cost Sharing in the Implementation of the Domestic Well Mitigation Program

MEMORANDUM OF UNDERSTANDING

WITH RESPECT TO THE COST SHARING IN THE IMPLEMENTATION OF THE

DOMESTIC WELL MITIGATION PROGRAM
THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is entered into the ___ day of ______________, 2025 (the “Effective Date”), by and among the CITY OF MADERA (“City”), MADERA IRRIGATION DISTRICT (“MID”), and MADERA WATER DISTRICT (“MWD”) collectively hereinafter referred to as the “Parties.”

RECITALS
A. WHEREAS, on September 16, 2014, the Governor of the State of California signed SGMA into law, consisting of Senate Bills 1168 and 1319, and Assembly Bill 1739 collectively, codified at Water Code Sections 10720 et seq.; and B. WHEREAS, SGMA requires that California groundwater basins and subbasins be managed by a Groundwater Sustainability Agency (“GSA”) or multiple GSAs, and that such management be implemented pursuant to an approved Groundwater Sustainability Plan (“GSP”) or multiple coordinated GSPs; and
C. WHEREAS, each Party overlies 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,
D. WHEREAS, each Party is either a GSA, is authorized to become a GSA, or may participate in a GSA under SGMA; and,
E. WHEREAS, the Parties, in partnership with Madera County Groundwater Sustainability Agency, have jointly prepared the Madera Subbasin Joint GSP; and F. WHEREAS, the Parties desire, through this MOU, to allocate the costs related to the implementation of a Domestic Well Mitigation Program (“DWMP”) 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. Objectives. The objectives of the Parties in entering into this MOU are as follows:
(a) The Parties intend to work together in mutual cooperation to jointly implement a DWMP in compliance with SGMA.
2 (b) The Parties intend that nothing in this MOU will serve to limit, or otherwise interfere with a respective Party’s rights and authorities over its own internal matters as recognized by SGMA, including, but not limited to, a Party’s rights and powers as a GSA, its surface water supplies, groundwater supplies, facilities, operations, water management, water supply matters, or anything else limiting a Party’s police powers under any other authority. (c) Each Party recognizes that nothing in this MOU confers authorities or powers to any Party that the Party does not otherwise already hold.

2. Cost Sharing. With respect to the sharing of costs, the Parties to this MOU agree as follows:
(a) Costs for the DWMP will be mutually agreed to by the Parties on an annual basis
(b) The Parties shall pay any invoice associated with this MOU within thirty (30) days of the date of the invoice.

3. Term. This MOU shall be effective as of the Effective Date, and shall remain in effect until terminated by all of the Parties.

4. Withdrawal. A Party may, in its sole discretion, withdraw from this MOU upon 90 days written notice to the other Parties, provided that the withdrawing Party will remain responsible for its proportionate share of any obligation or liability duly incurred under this MOU, and previously approved by the withdrawing Party.

5. Notices. All notices required or permitted by this MOU 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 U.S. 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 this Section 5. The addresses and addressees noted below are that Party’s designated address and addressee for delivery or mailing of notices.

To City of Madera: City of Madera
205 W. Fourth Street
Madera, CA 93637
559-661-5400
To Madera Irrigation District: Madera Irrigation District 12152 Rd 28 ¼
Madera, CA 93637
559-673-3514
To Madera Water District: Madera Water District
16943 Rd 26, Suite 103
3 Madera, CA 93637
559-674-4944
Any Party may, by written notice to the other, 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 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.

6. Compliance with Laws. In any action taken pursuant to this MOU, the Parties shall comply with all applicable statutes, laws, and regulations, specifically including, but not limited to, SGMA and its implementing regulations, as they now exist or as they may be amended or promulgated from time to time.

To the extent that this MOU conflicts with or does not accurately reflect any applicable statutes, laws, or regulations now existing or as amended or promulgated from time to time, the laws, statutes, and regulations shall govern. To the extent that any applicable statutes, laws, or regulations are amended or newly promulgated in such a manner that causes this MOU to conflict with, or no longer accurately reflect, such statutes, laws, or regulations, this MOU shall be modified, in writing, by all Parties, in order to comport with the newly amended or promulgated statutes, laws, or regulations.

7. Entire Agreement. This MOU and items incorporated herein contain all of the agreements of the Parties with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose.

8. Amendments. No provisions of this MOU may be amended or modified in any manner whatsoever except by an agreement in writing duly authorized by the governing bodies of all Parties.

9. Assignment. The rights and obligations of the Parties under this MOU may not be assigned or delegated.

10. Binding Effect. This MOU shall apply to and bind successors, assignees, contractors, subcontractors, transferees, agents, employees, and representatives of the respective Parties hereto.

11. Governing Law. This MOU and all documents provided for herein and the rights and obligations of the Parties hereto shall be governed in all respects, including validity, 4 interpretation and effect, by the laws of the State of California (without giving effect to any choice of law principles).

12. Waiver. The failure of any Party to insist on strict compliance with any provision of this MOU shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by any Party of either performance or payment shall not be considered to be a waiver of any preceding breach of the MOU by any other Party.

13. Severability. If any term or provision of this MOU is, to any extent, held invalid or unenforceable, the remainder of this MOU shall not be affected.

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

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

IN WITNESS WHEREOF, the Parties have executed this MOU as of the day and year first above written.

City of Madera Madera Irrigation District
By: ____________________________ By: ____________________________ Name: _________________________ Name: __________________________ Title: __________________________ Title: ___________________________ Madera Water District
By: ____________________________
Name: _________________________
Title: __________________________
Attachment 2
Draft Madera Subbasin (5-022.06 Madera) – Domestic Well Mitigation Program Implementation
October XX, 2025
Paul Gosselin
Deputy Director
Department of Water Resources
Sustainable Groundwater Management Office
715 P Street, Box 94286
Sacramento, CA 94236-0001 Sent Electronically
RE: Madera Subbasin (5-022.06 Madera) – Domestic Well Mitigation Program Implementation
Dear Paul:

On behalf of the seven Groundwater Sustainability Agencies (GSAs) in the Madera Subbasin (Subbasin), it is my pleasure to update you on our recent activities and progress towards ensuring that domestic wells impacted by declining groundwater levels as a function of Groundwater Sustainability Plan (GSP) implementation within the Subbasin are both timely and appropriately mitigated. To that end, I would offer the following summary.  Since Spring of this year and as made possible through a grant awarded to Madera County from the Department of Water Resources (DWR), the GSAs in the Subbasin have met monthly to discuss the design and implementation of a Domestic Well Mitigation Program (DWMP) or Programs within the Subbasin.  The discussions have been supported by Mr. David M. Ceppos, who has extensive background and knowledge of not only the Sustainable Groundwater Management Act (SGMA), but the very specific issues relevant to groundwater management within the Subbasin.
 The discussions have been extremely helpful for a variety of issues, namely they have provided an open and transparent venue for the GSAs to discuss practical implementation items such as: potential cost allocation structures, per occurrence financial mitigation award, conditions to be mitigated and not to be mitigated, potential DWMP governance, and reporting, just to name a few.  As of our October 9, 2025 meeting, each of the seven GSAs remain firmly committed to mitigating for impacts to domestic wells resulting from declining groundwater levels within the Subbasin.
 As of October 9, 2025, each of the GSAs and/or groups of GSAs will immediately move forward with implementation of a DWMP within their individual or collective geographic boundaries. There will be no single DWMP for the Subbasin.

The GSAs wish to extend their sincere appreciation for DWRs assistance to support the GSAs to arrive at a mutually supported outcome. We look forward to reporting our progress in future annual reports. Should you have any questions, please feel free to contact me at (209) 404-8896.

Sincerely,
John B. Davids, P.E.

Madera Subbasin Point of Contact
Copy: Administration Files
cc: Madera Subbasin GSAs
Natalie Stork, State Water Resources Control Board
Amanda Peisch-Derby, DWR
Monica Salais, DWR

Madera City CouncilOctober 15, 2025

Madera City Council
October 15, 2025