1 Attachment 1
ORDINANCE 26-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVIS AUTHORIZING THE
CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
COUNTY OF FRESNO TO ENFORCE ITS INFECTIOUS MATERIALS ORDINANCE WITHIN THE CITY; AND ADDING CHAPTER 8.19 TO TITLE 8 OF THE CLOVIS MUNICIPAL CODE TO ADOPT BY REFERENCE THE COUNTY’S ORDINANCE TO
MONITOR AND INSPECT PRIVATELY FUNDED LABORATORIES WITHIN THE CITY
AND DELEGATE ENFORCEMENT AUTHORITY TO THE COUNTY
WHEREAS, the City of Clovis (“City”) is authorized to enact and enforce regulations to protect the public health, safety, and welfare pursuant to Article XI, Section 7 of the California Constitution and Government Code section 37100; and
WHEREAS, the discovery of an unauthorized biological laboratory in the City of Reedley in 2023 highlighted potential gaps in the regulatory oversight of certain privately funded laboratories handling infectious materials and demonstrated the need for local monitoring and inspection of such facilities; and
WHEREAS, in response to those concerns, the County of Fresno adopted Ordinance Number 24-002, otherwise known as the “Fresno County Infectious Materials Ordinance” to establish a permitting, monitoring, and inspection program for certain laboratories and research facilities handling infectious agents that are not otherwise subject to comprehensive oversight under the Clinical Laboratory Improvement Amendments ("CLIA"); and
WHEREAS, the Fresno County Infectious Materials Ordinance is intended to provide reasonable safeguards for the protection of public health and safety through annual inspections, permitting requirements, and enforcement mechanisms applicable to covered laboratories and research facilities; and
WHEREAS, Fresno County has established a Memorandum of Understanding process through which incorporated cities may authorize the Fresno County Department of Public Health to administer and enforce the Fresno County Infectious Materials Ordinance within their respective municipal boundaries; and
WHEREAS, utilizing the expertise, personnel, and resources of the Fresno County Department of Public Health to administer and enforce the Fresno County Infectious Materials Ordinance within the City will promote uniform regulation throughout Fresno County and avoid unnecessary duplication of governmental services; and
WHEREAS, adoption of the Fresno County Infectious Materials Ordinance by reference and delegation of enforcement authority to Fresno County pursuant to a Memorandum of Understanding is in the best interests of the public health, safety, and welfare of the residents of the City; and
2 Attachment 1
WHEREAS, Government Code sections 51301 through 51304 authorize cities and counties to enter into agreements for the performance of municipal functions by county officers and employees, including regulatory and enforcement services.
NOW, THEREFORE, BE IT RESOLVED, that the City of Clovis does ordain as follows:
SECTION 1. The City hereby approves the Memorandum of Understanding between the County of Fresno and the City of Clovis, attached hereto as Exhibit “A” and incorporated by this reference herein.
SECTION 2. The City Manager is hereby authorized to execute the Memorandum of Understanding between the City of Clovis and the County of Fresno.
SECTION 3. Chapter 8.19 is hereby added to Title 8 of the Clovis Municipal Code to read as follows:
CHAPTER 8.19
ENFORCEMENT OF THE COUNTY OF FRESNO’S INFECTIOUS MATERIALS ORDINANCE
WITHIN THE CITY OF CLOVIS
Section 8.19.01 Purpose.
8.19.02 8.19.03
Adoption of the County of
Fresno’s Infectious Materials
Ordinance.
Public Nuisance.
SECTION 8.19.01 – Purpose.
The purpose of this Chapter is to adopt Chapter 8.52 of the Fresno County Ordinance Code otherwise known as the “Fresno County Infectious Materials Ordinance” to establish a system for monitoring and inspection of privately funded laboratories and research facilities that handle infectious agents and materials that are not otherwise subject to comprehensive oversight under existing state or federal regulations . This Chapter is intended to protect the public health, safety, and welfare by ensuring appropriate local oversight of such facilities by authorizing the County of Fresno to administer and enforce the provisions of the Fresno County Infectious Materials Ordinance within the City pursuant to the memorandum of understanding entered into between the City and County of Fresno, as approved by the City Council.
SECTION 8.19.02 – Adoption of the County of Fresno’s Infectious Materials Ordinance.
Chapter 8.52 of the Fresno County Ordinance Code [Fresno County Infectious Materials Ordinance], as may be amended from time to time, is hereby adopted by reference hereto as if fully set forth in this Chapter. The Fresno County Department of Public Health is hereby
3 authorized to administer and enforce this Chapter in accordance with memorandum of understanding between the City of Clovis and the County of Fresno, as approved by the City Council.
SECTION 8.19.03 – Public Nuisance.
A violation of this Chapter is hereby found and declared to be a public nuisance.
SECTION 4. Effective Date.
This Ordinance shall go into effect and be in full force from and after thirty (30) days after its final passage and adoption.
APPROVED: ______________, 2026
Mayor City Clerk
* * * * * * * * * *
The foregoing Ordinance was introduced and read at a regular meeting of the City Council held on June 15, 2026, and was adopted at a regular meeting of said Council held on _________________, 2026, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: _______________, 2026
City Clerk
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27 MEMORANDUM OF UNDERSTANDING BETWEEN
THE COUNTY OF FRESNO AND THE CITY OF CLOVIS
This Memorandum of Understanding (“MOU”) is dated ___________________ and is between the City of Clovis, a municipal corporation of the State of California (“City”), and the County of Fresno, a political subdivision of the State of California (“County”). County and City are each a “Party” to this MOU and are collectively “the Parties.” Recitals
A. The Parties wish to establish a monitoring and inspection system to oversee privately funded laboratories that handle infectious agents without oversight from an existing permitting public agency.
B. The joint response between the County of Fresno and the City of Reedley in 2023, dealing with an unlicensed laboratory resulted in a successful management of a potential public health issue and provided both entities the ability to retain their local control while being able to consistently advocate for additional state and federal resources. This incident has led the County to pursue a negotiated agreement with municipalities based on the successful 2023 model.
C. The County adopted Ordinance No. 24-002, adding Chapter 8.52 to the Ordinance Code of Fresno County, entitled “FRESNO COUNTY INFECTIOUS MATERIALS ORDINANCE,” that applies to all non-Clinical Laboratory Improvement Amendments (“non-CLIA”) regulated laboratories and research and development businesses (as that term is defined in 42 USC §263a) located or operating within the geographic area in which the health department enforces state and local statutes, orders, quarantines, rules, regulations and ordinances relating to public health in the unincorporated area of Fresno County or within the incorporated area of any city within the county, to which cities have signed a memorandum of understanding that authorizes the County to conduct oversight of the laboratories.
The Parties therefore agree as follows:
Exhibit A
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27 City’s Responsibilities
1.1 In order to authorize the County to enforce the provisions of this public safety “FRESNO COUNTY INFECTIOUS MATERIALS ORDINANCE” in the incorporated area of the City, the City must adopt the provisions of this ordinance delegating enforcement authority to the County and must enter into this MOU with the County.
1.2 The City will retain all jurisdictional authority not pertaining to items contained in the “FRESNO COUNTY INFECTIOUS MATERIALS ORDINANCE.”
1.3 The City will provide the County a list of non-CLIA sites in their jurisdiction that the County will need to follow up on.
1.4 The City will report suspected non-CLIA sites to assess applicability to “FRESNO COUNTY INFECTIOUS MATERIALS ORDINANCE.”
County’s Responsibilities
2.1 Under the provisions of the ordinance, the County will evaluate if appropriate certifications, permits, environmental controls, safety protocols and licenses are in place for the handling of infectious materials and hazardous materials located at the non-CLIA site.
2.2 Any concerns observed by County staff will be communicated to designated City staff and a joint response would be coordinated with the business owner and property owner.
Cost Reimbursement
3.1 The Parties will establish appropriate cost reimbursement methods to support activities in responding to the “FRESNO COUNTY INFECTIOUS MATERIALS ORDINANCE”.
City will be responsible to obtain reimbursement of all costs incurred by the City and not recouped by the fees developed by the City, other funding resources or other recovery actions.
County will be responsible to obtain reimbursement of all costs incurred by the County and not
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27 recouped by the fees developed by the County, other funding resources or other recovery actions.
3.2 Incidental Expenses. The Parties are solely responsible for all of its costs and expenses that are not specified as reimbursable under this MOU.
Term of MOU
4.1 Term. This MOU is effective on the date that the Parties sign this MOU and shall remain in effect, except as provided in Article 6, “Termination and Suspension,” below.
Notices
5.1 Contact Information. The persons and their addresses having authority to give and receive notices provided for or permitted under this MOU include the following:
For the County:
County Administrative Officer
County of Fresno
Hall of Records, Room 300
2281 Tulare St
Fresno, CA 93775
For the City:
City Manager
City of Clovis
1033 5th Street
Clovis, CA 93612
5.2 Change of Contact Information. Either party may change the information in section
5.1 by giving notice as provided in section 5.3.
5.3 Method of Delivery. Each notice between the County and the City provided for or permitted under this MOU must be in writing, state that it is a notice provided under this MOU, and be delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, or by telephonic facsimile transmission. (A) A notice delivered by personal service is effective upon service to the recipient. (B) A notice delivered by first-class United States mail is effective three County business days after deposit in the United States mail, postage prepaid, addressed to the recipient.
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27 (C) A notice delivered by an overnight commercial courier service is effective one County business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next-day delivery, addressed to the recipient.
(D) A notice delivered by telephonic facsimile transmission or by PDF document attached to an email is effective when transmission to the recipient is completed (but, if such transmission is completed outside of County business hours, then such delivery is deemed to be effective at the beginning of the next County business day), provided that the sender maintains a machine record of the completed transmission.
5.4 Claims Presentation. For all claims arising from or related to this MOU, nothing in this MOU establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including the Government Claims Act (Government Code, section 810 et seq.).
Termination and Suspension
6.1 Termination without Cause. The Parties may terminate this MOU by giving at least thirty (30) days advance written notice to the other Party.
6.2 No Penalty or Further Obligation. Any termination of this MOU by the County or City under this Article 6 is without penalty to or further obligation of the County or City.
6.3 Termination Due to Additional Federal or State Legislation. Upon approval of Federal or State legislation that regulates non-CLIA laboratories, this MOU would immediately terminate.
Article 7
Indemnity and Defense
7.1 Mutual Indemnity. The City shall indemnify and hold harmless and defend the County (including its officers, agents, employees, and volunteers) against all claims, demands, injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to the County, the City, or any third party that arise from or relate to the
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27 performance or failure to perform by the City (or any of its officers, agents, subcontractors, or employees) under this MOU. The County may conduct or participate in its own defense without affecting the City’s obligation to indemnify and hold harmless or defend the County. The County shall indemnify and hold harmless and defend the City (including its officers, agents, employees, and volunteers) against all claims, demands, injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to the County, the City, or any third party that arise from or relate to the performance or failure to perform by the County (or any of its officers, agents, subcontractors, or employees) under this MOU. The City may conduct or participate in its own defense without affecting the County’s obligation to indemnify and hold harmless or defend the City.
7.2 Survival. This Article 7 survives the termination of this MOU.
P
ublic Records
8.1 Public Records. The County is not limited in any manner with respect to its public disclosure of this MOU or any record or data that the City may provide to the County. The County’s public disclosure of this MOU or any record or data that the City may provide to the County may include but is not limited to the following:
(A) The County may voluntarily, or upon request by any member of the public or governmental agency, disclose this MOU to the public or such governmental agency. (B) The County may voluntarily, or upon request by any member of the public or governmental agency, disclose to the public or such governmental agency any record or data that the City may provide to the County, unless such disclosure is prohibited by court order.
(C) This MOU, and any record or data that the City may provide to the County, is subject to public disclosure under the Ralph M. Brown Act (California Government Code, section 54950).
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27 (D) This MOU, and any record or data that the City may provide to the County, is subject to public disclosure as a public record under the California Public Records Act (California Government Code, section 7920.000 et seq.) (“CPRA”). (E) This MOU, and any record or data that the City may provide to the County, is subject to public disclosure as information concerning the conduct of the people’s business of the State of California under California Constitution, Article 1, section 3, subdivision (b).
(F) Any marking of confidentiality or restricted access upon or otherwise made with respect to any record or data that the City may provide to the County shall be disregarded and have no effect on the County’s right or duty to disclose to the public or governmental agency any such record or data.
8.2 Public Records Act Requests. If the County receives a written or oral request under the CPRA to publicly disclose any record that is in the City’s possession or control, and which the County has a right, under any provision of this MOU or applicable law, to possess or control, then the County may demand, in writing, that the City deliver to the County, for purposes of public disclosure, the requested records that may be in the possession or control of the City. Within five business days after the County’s demand, the City shall (a) deliver to the County all of the requested records that are in the City’s possession or control, together with a written statement that the City, after conducting a diligent search, has produced all requested records that are in the City’s possession or control, or (b) provide to the County a written statement that the City, after conducting a diligent search, does not possess or control any of the requested records. The City shall cooperate with the County with respect to any County demand for such records. If the City wishes to assert that any specific record or data is exempt from disclosure under the CPRA or other applicable law, it must deliver the record or data to the County and assert the exemption by citation to specific legal authority within the written statement that it provides to the County under this section. The City’s assertion of any exemption from disclosure is not binding on the County, but the County will give at least 10
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27 days’ advance written notice to the City before disclosing any record subject to the City’s assertion of exemption from disclosure. The City shall indemnify the County for any court- ordered award of costs or attorney’s fees under the CPRA that results from the City’s delay, claim of exemption, failure to produce any such records, or failure to cooperate with the County with respect to any County demand for any such records.
General Terms
9.1 Modification. Except as provided in Article 6, “Termination and Suspension,” this MOU may not be modified, and no waiver is effective, except by written agreement signed by both Parties. The City acknowledges that County employees have no authority to modify this MOU except as expressly provided in this MOU.
9.2 Non-Assignment. Neither Party may assign its rights or delegate its obligations under this MOU without the prior written consent of the other Party.
9.3 Governing Law. The laws of the State of California govern all matters arising from or related to this MOU.
9.4 Jurisdiction and Venue. This MOU is signed and performed in Fresno County, California. City consents to California jurisdiction for actions arising from or related to this MOU, and, subject to the Government Claims Act, all such actions must be brought and maintained in Fresno County.
9.5 Construction. The final form of this MOU is the result of the Parties’ combined efforts. If anything in this MOU is found by a court of competent jurisdiction to be ambiguous, that ambiguity shall not be resolved by construing the terms of this MOU against either Party.
9.6 Days. Unless otherwise specified, “days” means calendar days.
9.7 Headings. The headings and section titles in this MOU are for convenience only and are not part of this MOU.
9.8 Severability. If anything in this MOU is found by a court of competent jurisdiction to be unlawful or otherwise unenforceable, the balance of this MOU remains in effect, and the
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27 Parties shall make best efforts to replace the unlawful or unenforceable part of this MOU with lawful and enforceable terms intended to accomplish the Parties’ original intent.
9.9 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation of the City under this MOU on any one or more occasions is not a waiver of performance of any continuing or other obligation of the City and does not prohibit enforcement by the County of any obligation on any other occasion.
9.10 Entire MOU. This MOU is the entire agreement between the Parties with respect to the subject matter of this MOU, and it supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature unless those things are expressly included in this MOU.
9.11 No Third-Party Beneficiaries. This MOU does not and is not intended to create any rights or obligations for any person or entity except for the Parties.
9.12 Authorized Signature. The City represents and warrants to the County that:
(A) The City is duly authorized and empowered to sign and perform its obligations under this MOU.
(B) The individual signing this MOU on behalf of the City is duly authorized to do so and his or her signature on this MOU legally binds the City to the terms of this MOU.
9.13 Electronic Signatures. The Parties agree that this MOU may be executed by electronic signature as provided in this section.
(A) An “electronic signature” means any symbol or process intended by an individual signing this MOU to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) version of an original handwritten signature.
(B) Each electronic signature affixed or attached to this MOU is: (1) deemed equivalent to a valid original handwritten signature of the person signing this MOU for all purposes, including but not limited to evidentiary proof in any administrative or judicial
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27 proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person.
(C) The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civ. Code, § 1633.1, et seq.).
(D) Each Party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other Party may rely upon that representation.
(E) This MOU is not conditioned upon the Parties conducting the transactions under it by electronic means and either Party may sign this MOU with an original handwritten signature.
9.14 Counterparts. This MOU may be signed in counterparts, each of which is an original, and all of which together constitute this MOU. [SIGNATURE PAGE FOLLOWS]
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27 The Parties are signing this MOU on the date stated in the introductory clause.
CITY OF CLOVIS
_________________________________
Andrew Haussler, City Manager
1033 5th Street
Clovis, CA 93612
Attest:
By: ________________________
Briana Parra
Clovis City Clerk
CO
UNTY OF FRESNO
_____________________________________
Paul Nerland, County Administrative Officer or
designee
A
ttest:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
B
y: _______________________
Deputy
Attachment 2