Minutes of City Council Meeting 1 April 1, 2025
MINUTES OF MENDOTA
REGULAR CITY COUNCIL MEETING
Regular Meeting April 1, 2025
Meeting called to order by Mayor Martinez at 6:02 PM
Roll Call
Council Members Present: Mayor Victor Martinez and Council Members Libertad “Liberty” Lopez, and Jesus “Jesse”
Mendoza, and Joseph R. Riofrio
Council Members Absent: Mayor Pro Tem Jose Alonso
Flag salute led by Council Member Lopez
Invocation led by Police Chaplain Robert Salinas
FINALIZE THE AGENDA
1. Adjustments to Agenda.
2. Adoption of final Agenda.
A motion was made by Council Member Lopez to adopt the agenda, seconded by Council Member Riofrio; unanimously approved (4 ayes, absent: Alonso).
PRESENTATION
1. Billie Hansen with Mid Valley Disposal to provide an update and present the Recycler of the Year Award to Latino Market.
Billie Hansen with Mid Valley Disposal provided an update on their work and deferred to Fernando Botello who presented the Recycler of the Year Award to Latino Market.
Discussion was held on the information presented.
Minutes of City Council Meeting 2 April 1, 2025
MAYOR AND COUNCIL REPORTS AND INFORMATIONAL ITEMS
1. Council Member(s)
Council Member Riofrio commented on businesses in the City undergoing renovations; the proposed new gas station in the City; the Eastside Streetlight project, including positive feedback that was received; the Federal Advocacy trip, including benefits of conducting these types of trips; a food giveaway that was previously held in the community; the need to continue to bring new businesses and housing to the City; and a meeting with Congressman Adam Gray that took place during the Federal Advocacy trip.
Council Member Lopez commented on the Eastside Streetlight project, including positive feedback that was received; thanked Council Member Mendoza for his work on the Autism Awareness Banner Program; commented on the condition of the railroad tracks on State Highway 33; her graduate school graduation taking place on May 10th; and thanked everyone for attending.
Council Member Mendoza commented on the Eastside Streetlight project, including the positive impact it is having on the Eastside of the community; the Federal Advocacy trip, including meetings held with the United States Department of Transportation, the United States Department of Housing and Urban Development, and various elected officials; thanked the community for their support; thanked Mayor Martinez for his work during the Federal Advocacy trip; commented on the month of April being Autism Awareness Month; the Autism Awareness Banner Program, and thanked staff for their work with the Autism Awareness Banner Program.
2. Mayor
Mayor Martinez thanked the community for their support; thanked the City Council and staff for their work; commented on the Derrick and Oller Roundabout project, including negative comments he has received and the need to educate the community; planned road repair projects, including the Divisadero Street Reconstruction project; the Eastside Streetlight project; the proposed new soccer field at Rojas-Pierce Park; a meeting with Habitat for Humanity to bring new housing to the City; a potential housing development on Westlands Water District land near the City; and thanked everyone for their work.
Discussion was held on the update provided by Mayor Martinez; the recent Pool Park Rehabilitation meeting; and Pool Park being opened during Easter Weekend.
PUBLIC COMMENT
Ofelia Ochoa thanked the Council for their work and commented on the positive progress of the community.
Discussion was held on the comments made by Ms. Ochoa and on La Granja de Favian.
Minutes of City Council Meeting 3 April 1, 2025
APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING
1. Minutes of the regular City Council meeting of March 4, 2025, and the special City Council joint work/study session of March 18, 2025.
2. Notice of waiving of the reading of all resolutions and/or ordinances introduced and/or adopted under this agenda.
A motion was made by Council Member Lopez to approve items 1 and 2, seconded by Council Member Riofrio; unanimously approved (4 ayes, absent: Alonso).
CONSENT CALENDAR
Matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion and one vote.
There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Calendar and will be considered separately.
1. FEBRUARY 26, 2025 THROUGH MARCH 14, 2025
a. WARRANT LIST CHECK NOS. 56073 THROUGH 56165
b. TOTAL FOR COUNCIL APPROVAL = $835,581.27
2. Proposed adoption of Resolution No. 25-16, designating surplus real property and approving a Lease Agreement with La Granja De Favian.
3. Proposed adoption of Resolution No. 25-19, approving a proposal for Information Technology managed services with Datapath; authorizing the City Manager to enter into an agreement and execute all necessary documents.
4. Proposed adoption of Resolution No. 25-20, authorizing the City Manager to purchase a vehicle in an amount not to exceed $80,000.00 plus taxes and fees and execute all documents necessary to effectuate the purchase.
5. Proposed adoption of Resolution No. 25-21, approving the dissolution of the Mendota Public Safety Sub-Committee and directing staff to explore and present alternative committee structures that comprehensively address all aspects of public safety in the future.
6. Proposed ratification of a letter of support for the LEAP Institute’s “Green Raiteros” Program service area expansion.
A motion was made by Council Member Riofrio to approve items 1 through 6 of the Consent Calendar, seconded by Council Member Mendoza; unanimously approved (4 ayes, absent:
Alonso).
DEPARTMENT REPORTS AND INFORMATIONAL ITEMS
1. Animal Control, Code Enforcement, and Police Department a) February Monthly Logs
Minutes of City Council Meeting 4 April 1, 2025
Police Lieutenant Renteria provided the monthly report for the Animal Control Department, including monthly statistics; provided the monthly report for the Police Department, including a job opening for a Community Service Officer; an increase in graffiti throughout the City; working with the Firebaugh Police Department to arrest the individual suspected of causing the increase of graffiti; vehicle thefts decreasing; and Monday, April 14, 2025 being the proposed move in day at the new Police Department.
Discussion was held on the update provided by Lieutenant Renteria; complaints being received about community members not maintaining their yards, including the need to warn community members that their yards must be maintained; tree roots lifting sidewalks throughout the City; the need to continue to address stray dogs in the City; the need to address the increase in graffiti throughout the City; an individual crashing into a fence at McCabe Elementary School, including this individual being arrested; kids engaging in animal cruelty, and the need to offer mental health services to kids who display negative behavior.
2. City Engineer
a) Update
City Engineer Osborn provided an update on the Derrick and Oller Roundabout project.
Discussion was held on the update provided by City Engineer Osborn; the Citywide Railroad Improvement project; ways that the City Council or the Fresno Council of Governments can assist with moving the Citywide Railroad Improvement project forward; the need to continue to apply to Surface Transportation Block Grants to receive funding; the 2025 Alley Paving project; the Amador and Smoot Street Extension project; the Divisadero Street Reconstruction project; the 5th and Quince Street Reconstruction project; the proposed new soccer field at Rojas-Pierce Park, including funding that was approved to install new turf at the Danny Trejo Soccer Field; potentially adding additional fencing at the Eddie Porras Basketball Courts (“Basketball Courts”) to help address individuals playing soccer on the Basketball Courts; the need to continue to plan for future road repair projects and the need to continue to invest in the City’s infrastructure.
3. City Attorney
Assistant City Attorney Castro provided an update on Accessory Dwelling Units (“ADUs”) including ADU laws being the same for the Cities of Mendota, Firebaugh and Kerman due to State laws; the City not being able to prohibit individuals from owning property if they do not reside in the City; landlords needing a business license in the Cities of Mendota and Kerman in order to rent out their properties; the Landlord Accountability Act in the Mendota Municipal Code (“MMC”) which subjects landlords to inspections to ensure living conditions are up to par; and parking laws in the City, including educating community members of the 72 hour parking limit on streets.
Discussion was held on the update provided by Assistant City Attorney Castro; the need for individuals to maintain their yards, including ways to address this issue under the MMC; Minutes of City Council Meeting 5 April 1, 2025
issuing warnings to individuals who do not properly maintain their yards; and possibly including a message on the monthly newsletter informing individuals that their yards must be properly maintained, per the MMC.
4. City Manager
City Manager Gonzalez provided an update on personnel in the City; the need for a new Community Service Officer; a bid opening for one of the components of the Community Center; thanked Mayor Martinez, Mayor Pro Tem Alonso and Council Member Mendoza for their work on the State and Federal Advocacy trips; new 14 unit apartments on Oller Street; a proposed new gas station; thanked Karina Beltran, Ofelia Ochoa and Assistant City Attorney Castro for their work with La Granja de Favian Lease Agreement; and thanked staff and consultants for their work.
Discussion was held on the update provided by City Manager Gonzalez; the State and Federal Advocacy trips; upcoming drag racing events held by Ramon Gonzalez, including positive comments received due to these events; and the Community Center project.
ADJOURNMENT
With no more business to be brought before the City Council, a motion for adjournment was made at 7:19 p.m. by Council Member Lopez, seconded by Council Member Mendoza; unanimously approved (4 ayes, absent: Alonso).
_______________________________
Victor Martinez, Mayor
ATTEST:
_______________________________
Antonio Pizano, Deputy City Clerk
CITY OF MENDOTA
CASH DISBURSEMENTS
03/25/2025 - 04/024/2025
CK# 056166 - 056364
Check Date Check Number Check Amount Vendor Name Department Description March 25, 2025 56166 $ 194,116.00 CITY OF MENDOTA PAYROLL GENERAL PAYROLL TRANSFER 3/10/2025-3/23/2025 March 26, 2025 W002H $ 4,366.25 THE BANK OF NEW YORK GENERAL MJPFA 2022 LEASE REVENUE BOND SERIES 2022 March 27, 2025 56167 $ 296.84 ADT SECURITY SERVICES GENERAL SECURITY SERVICE FOR ROJAS PIERCE CONCESSION 4/14/2025 - 6/30/2025 AND SERVICE FOR WATER TREATMENT 4/04/25 - 5/03/2025
March 27, 2025 56168 $ 39,462.97 AETNA LIFE INSURANCE COMPANY GENERAL MEDICAL INSURANCE FOR APRIL 2025 March 27, 2025 56169 $ 517.28 AFLAC GENERAL AFLAC INSURANCE FOR MARCH 2025 March 27, 2025 56170 $ 51.49 AIRGAS USA, LLC WATER, SEWER RENT CYLINDER SMALL CARBON DIOXIDE FEBRUARY 2025 March 27, 2025 56171 $ 335.81 ALERT-0-LITE STREETS
SIGNS FOR STREETS - (1) 12.5" MEASURING WHEEL, (1) STOP SIGN POST COVER, (1) RED FHIP STOP POST COVER
March 27, 2025 56172 $ 6,566.60 AMERITAS GROUP GENERAL VISION AND DENTAL INSURANCE FOR APRIL 2025 March 27, 2025 56173 $ 1,493.29 AT&T GENERAL, WATER, SEWER AT&T PHONE SERVICE 1/25/2025 - 2/24/2025 FOR 2 MONTHS March 27, 2025 56174 $ 1,724.74 AT&T MOBILITY GENERAL POLICE DEPARTMENT PHONE SERVICE 2/12/25-3/11/2025 March 27, 2025 56175 $ 59.71 AUTOZONE, INC. GENERAL LAMP GARDEN BATTERY DURALAST LAWN FOR PARKS March 27, 2025 56176 $ 2,377.48 BADGER METER WATER ORION CELLULAR LTE SERV.UNIT FOR FEBRUARY 2025 March 27, 2025 56177 $ 431.60 BSK ASSOCIATES WATER, SEWER
GENERAL EDT MONTHLY SERVICE AND WASTE WATER WEEKLY GRAB SAMPLE BOD,TDS FOR 3/4/2025
March 27, 2025 56178 $ 717.67 CALIFORNIA BUSINESS MACHINES GENERAL, WATER, SEWER COPIER CONTRACT SERVICE BASE FOR FEBRUARY AND MARCH 2025 March 27, 2025 56179 $ 158.28 FLEXT PRINT, LLC GENERAL, WATER, SEWER LOW & HIGH DENSITY & MONO COLOR LINES March 27, 2025 56180 $ 38.00 CENTRAL VALLEY GENERAL (1) SCREENING SERVICE FOR POLICE DEPARTMENT March 27, 2025 56181 $ 295.04 CHEMSEARCH WATER (1)SERVICE CHARGE-DRAIN MAINTENANCE March 27, 2025 56182 $ 398.88 CINTAS CORPORATION NO. 2 GENERAL, WATER, SEWER FIRST AID KIT SUPPLIES: POLICE DEPARTMENT, CITY HALL, PUBLIC
WORKS, WASTE TREATMENT AND WASTE WATER TREATMENT PLANT
March 27, 2025 56183 $ 179.11 CORELOGIC INFORMATION GENERAL, WATER, SEWER REAL QUEST SERVICES FOR FEBRUARY 2025 March 27, 2025 56184 $ 1,133.36 CORBIN WILLITS SY'S INC. GENERAL, WATER, SEWER ENHANCEMENT & SERVICE FEES FOR APRIL 2025 March 27, 2025 56185 $ 177,872.06 CORE BUSINESS INTERIORS GENERAL, WATER, SEWER FURNITURE FOR NEW COUNCIL CHAMBER AND POLICE DEPARTMENT March 27, 2025 56186 $ 428.60 CROWN SERVICES CO. GENERAL, SEWER TOILET W/SINK1XWK-1300 2ND ST-WWTP, BASS AVE (POOL PARK), BASS AVE & HWY 33 (LOZANO PARK) FOR 2/14/2025 - 3/13/2025
March 27, 2025 56187 $ 216.74 DATA TICKET, INC. GENERAL DAILY CITATION PROCESSING & DAILY NOTICES FOR FEBRUARY 2025 March 27, 2025 56188 $ 2,606.05 DELTA SAND, GRAVEL & RECYCLING WATER, STREETS (3) CLASS II AG BASE ROCK PER TRUCK LOAD FOR YARD STOCK PILE AND
COLD PATCH FROM MADERA TO CITY OF MENDOTA
March 27, 2025 56189 $ 51,022.37 FRESNO COUNTY SHERIFF GENERAL, WATER DISPATCH SERVICES FOR DECEMEBER 2024 - FEBRUARY 2025, AND RMS - JMS ACCESS FEE FOR NOVEMBER 2024 - JANUARY 2025
March 27, 2025 56190 $ 30.00 GONZALEZ TOWING & TRANSPORT GENERAL TIRE REPAIR AND ALIGNMENT FOR POLICE DEPARTMENT VEHICLE M88 March 27, 2025 56191 $ 734.53 HAVEN'S FOR TOTAL SECURITY, IN GENERAL, WATER
KEY WITH CHIP FOR FORD VEHICLE FOR WATER DEPARTMENT AND A
PASSAGE LEVER & GRADE STORE ROOM LEVER
March 27, 2025 56192 $ 1,279.02 HD SUPPLY WHITE CAP CONSTRUCTION STREETS STREET SOLAR LIGHTING PROJECT SUPPIES - 36" SONOTUBE
RAINGAUARD
March 27, 2025 56193 $ 7,641.59 ICAD INC WATER, SEWER NEW WONDERWARE WORKSTATION TO SUPPORT NEW PC LICENSE March 27, 2025 56194 $ 330.00 INTERNATIONAL INSTITUTE GENERAL, WATER, SEWER CITY CLERK ANNUAL MEMEBERSHIP FEE FOR C.CABRERA GARCIA AND A.
PIZANO
March 27, 2025 56195 $ 800.00 TJ LAW & ASSOCIATES INVESTIGAT GENERAL (1) LAW ENFORCEMENT BACKGROUND INVESTIGATION March 27, 2025 56196 $ 337.14 LEAF GENERAL, WATER, SEWER (2) KYOCERA COPIER SYSTEMS MARCH 2025 March 27, 2025 56197 $ 3,271.66 LIGHTHOUSE ELECTRICAL INC SEWER
REPAIRED CONDUCTORS & TESTING AT WASTE WATER TREATMENT
FACILITY
March 27, 2025 56198 $ 102.85 JULIANA LOPEZ GENERAL
FUEL REIMBURSEMENT FOR TRAINING IN SAN JOSE CA 3/17/2025 - 3/21/2025
March 27, 2025 56199 $ 198.00 LOU'S GLOVES, INC. WATER, SEWER SUPPLIES FOR THE WATER DEPARTMENT: (20) NITRILE, EXAM GRADE,
POWDER-FREE, TEXTURED, NEON, LARGE
March 27, 2025 56200 $ 635.76 MENDOTA 1 SMOG GENERAL
2023 DODGE - DURANGO: OIL, FILTER CHANGE AND REPLACE REAR PADS
AND FRONT ROTOR
March 27, 2025 56201 $ 1,164.76 METRO UNIFORM GENERAL RAZOR BODY ARMOR EQUIPMENT FOR POLICE DEPARTMENT
CITY OF MENDOTA
CASH DISBURSEMENTS
03/25/2025 - 04/024/2025
CK# 056166 - 056364
March 27, 2025 56202 $ 2,479.44 MUTUAL OF OMAHA GENERAL LIFE AD&D,LTS,STD INSURANCE FOR APRIL 2025 March 27, 2025 56203 $ 2,546.50 NORTHSTAR CHEMICAL WATER CHEMICAL SUPPLIES : (745)SODIUM HYPOCHLORITE-12.5%MILL MEETS
NSF/ANSI
March 27, 2025 56204 $ 487.31 OFFICE DEPOT GENERAL, WATER, SEWER CITY HALL OFFICE SUPPLIES AND WATER DEPARTMENT SUPPLIES:
PAPERS, SHARPIES, REPORT COVERS, DIVIDERS & TAPE
March 27, 2025 56205 $ 1,558.18 PACE SUPPLY CORP WATER
SPECIAL DEPARTMENT SUPPLIES: (2) CURB STOP, (5) CPLG FORD, (5) ROR55
March 27, 2025 56206 $ 59,421.04 PG&E
GENERAL,WATER, SEWER,
STREETS
WATER DEPARTMENT AND CITYWIDE UTILITIES FOR 2/5/2025 - 3/6/2025, & POLICE DEPARTMENT UTILITIES FOR 1/14/2025 - 2/06/2025
March 27, 2025 56207 $ 146.93 PITNEY BOWES INC. GENERAL, WATER, SEWER
POSTAGE METER RENTAL AND SERVICE AGREEMENT JANUARY - MARCH 2025
March 27, 2025 56208 $ 4,172.68 PLATT ELETRIC SUPPLY STREETS STREET LIGHTS FOR BELMONT - (6)LMK LAS45S-T4-480V AND (3000) THHN6 BLACK, WHITE AND GREEN March 27, 2025 56209 $ 6,730.00 PRICE PAIGE & COMPANY
GENERAL, WATER, SEWER,
STREETS, REFUSE PROFESSIONAL SERVICE RENDERED: JUNE 30, 2024 AUDITED FINANCIALS March 27, 2025 56210 $ 1,158.22 PRINT SHACK REFUSE (4000) FLYERS FOR SB 1383 March 27, 2025 56211 $ 2,024.75 PURCHASE POWER GENERAL, WATER, SEWER POSTAGE METER REFILLS 02/19/2025 - 2/20/2025 AND 3/07/2025 - 3/09/2025 March 27, 2025 56212 $ 537.32 R.G. EQUIPMENT COMPANY GENERAL PARK SUPPLIES : (12) RECYCLING BLADES AND (3) TRIMMER LINES March 27, 2025 56213 $ 386.24 RAMON'S TIRE & AUTO SERVICE
GENERAL, WATERS, SEWER,
STREETS
TIRE REPAIRS FOR 2018 FORD POLICE INTERCEPTOR, 2024 DODGE DURANGO, AND 2021 RAM 1500 CLASSIC
March 27, 2025 56214 $ 500.00 REYES FAMILY FOUNDATION, INC. GENERAL
DEPOSIT REIMBURSMENT FOR ROJAS PIERCE PARK MAIN PAVILLION
CONCESSION & KEYS
March 27, 2025 56215 $ 1,269.74 SIGNMAX STREETS
STREET SUPPLIES : STEEL BASE FOR STOP SIGN, (8) TRAFFIC SIGN AND (100) DRIVE RIVET 3/8 JUMBO HEAD STE
March 27, 2025 56216 $ 4,838.45 SITEONE LANDSCAPE SUPPLY LLC GENERAL (60) RAIN BIRD 8005 ADJUSTABLE ROTOR 5IN RISER FOR PARKS March 27, 2025 56217 $ 4,509.93 SORENSEN MACHINE WORKS
GENERAL, WATER, SEWER,
STREETS CITYWIDE DEPARTMENT SUPPLIES FOR FEBRUARY 2025
March 27, 2025 56218 $ 409.36 UNION PACIFIC RAILROAD COMPANY STREETS LEASE AGREEMENT FOR 10TH & MARIE, MARIE ST ENCROACHMENT, NORTH OF BELMONT AVE FOR APRIL 2025
March 27, 2025 56219 $ 60.00 STATE WATER RESOURCES CONTROL WATER WATER TREATMENT OPERATOR 2 CERTIFICATION FOR OPERATOR #33994 March 27, 2025 56220 $ 1,077.78 STATE OF CALIFORNIA STREETS SIGNALS & LIGHTING BILLING FOR JULY 2024 TO SEPTEMBER 2024 March 27, 2025 56221 $ 1,056.00 TELSTAR INSTRUMENTS SEWER CALIBRATE EQUIPMENT SWRCB ONCE YEARLY SERVICE 2/21/2025 March 27, 2025 56222 $ 4,369.19 HOME DEPOT WATER, SEWER, STREETS
STREET LIGHT POLE MATERIALS, FACILITY REPAIR ITEMS, SEWER
BUILDING SUPPLIES AND SOLAR LIGHT PROJECT SUPPLIES
March 27, 2025 56223 $ 498.00 THE PIN CENTER GENERAL, WATER, SEWER (200) NEW PINS -CITY OF MENDOTA LOGO FOR COUNCIL AT EVENTS AND
MEETINGS
March 27, 2025 56224 $ 240.00 TOP DOG TRAINING CENTER GENERAL SERVICE K9 MONTHLY MAINTENANCE TRAINING LOPEZ & YANOSCH FOR 3/08/2025 AND 3/15/2025
March 27, 2025 56225 $ 5,000.00 TOWNSEND PUBLIC AFFAIRS, INC. GENERAL CONSULTING SERVICES FOR THE MONTH OF MARCH 2025 March 27, 2025 56226 $ 150.00 TRANSUNION RISK AND ALTERNATIVE GENERAL TRANSUNION RISK & ALTERNATIVE DATA FOR FERBRUARY 2025 March 27, 2025 56227 $ 1,776.11 TRIANGLE ROCK PRODUCTS,LLC GENERAL, STREETS (81.10) CMIX 60/40,ENVIROMENTAL FEE-AGG & ASPHALT March 27, 2025 56228 $ 121.32 UNIFIRST CORPORATION GENERAL, WATER, SEWER SUPPLIES FOR CLEANING - (1) WET MOP, (2) MOPS-UNFRAMED, (40) TERRY CLOTHS
March 27, 2025 56229 $ 1,075.02 VERIZON WIRELESS GENERAL, WATER, SEWER CITYWIDE CELLPHONE SERVICE 3/07/2025 - 4/06/2025 March 27, 2025 56230 $ 1,129.77 VESTIS GROUP, INC. GENERAL, WATER, SEWER PUBLIC WORKS UNIFORM SERVICE FOR JANUARY AND MARCH 2025 March 27, 2025 56231 $ 728.49 VULCAN MATERIALS COMPANY GENERAL, STREETS (5.75) COLD MIX 3/8 SC8, ENVIRONMENTAL FEE - AGG & ASPHALT March 27, 2025 56232 $ 41.80 CULIGAN WATER GENERAL MONTHLY POLICE DEPARTMENT SERVICE FEE FOR MARCH 2025 March 27, 2025 56233 $ 1,349.30 WEST VALLEY CONSTRUCTION COMPA WATER REIMBURSEMENT FOR HYDRANT METER RENTAL & WATER USAGE April 2, 2025 56234 $ 89,063.48 BLACKSTONE CHEVROLET OF FRESNO GENERAL, WATER, SEWER 2025 CHEVROLET TAHOE Z71 VIN:GNS6PRD7SR245406 IRIDESCENT PEARL TRICOAT PER RESOLUTION NO. 25 - 20
April 7, 2025 56235 $ 628.04 ACME ROTARY BROOM SERVICE STREETS STREETS SWEEPER BRUSH - 1 SET(18EA) 58" ALL PRO BROOM BADGE
STRIP BRUSH SET
April 7, 2025 56236 $ 334.59 ADT SECURITY SERVICES GENERAL, WATER, SEWER SECURITY SERVICE-DMV AND CITY HALL 4/13/2025 - 5/12/2025 April 7, 2025 56237 $ 751.02 AMAZON CAPITAL SERVICES, INC GENERAL, WATER, SEWER APRIL 2025 ITEMS - CITY HALL, NEW COUNCILS CHAMBERS & POLICE
DEPARTMENT OFFICE SUPPLIES
April 7, 2025 56238 $ 2,378.46 BADGER METER WATER BADGER METER - ORION CELLULAR LTE SERVICE UNIT FOR MARCH 2025 April 7, 2025 56239 $ 250.00 BINATIONAL OF CENTRAL CALIFORNIA GENERAL DEPOSIT REIMBURSEMENT FOR FACILITY USE ROJAS PARK 3/26/25
CITY OF MENDOTA
CASH DISBURSEMENTS
03/25/2025 - 04/024/2025
CK# 056166 - 056364
April 7, 2025 56240 $ 1,011.80 BSK ASSOCIATES WATER, SEWER GENERAL EDT TREATMENT & DISTRIBUTION SERVICE FOR 3/11/2025 & 3/18/2015, AND WEEKLY GRAB SAMPLES FOR 3/18/2025
April 7, 2025 56241 $ 91.00 CABRERA, CELESTE GENERAL MILEAGE REIMBURSEMENT FOR SAN JOAQUIN VALLEY CLERKS MEETING April 7, 2025 56242 $ 171.50 FLEXT PRINT, LLC GENERAL,WATER, SEWER LOW & HIGH DENSITY & MONO COLOR LINES April 7, 2025 56243 $ 517.76 COLONIAL LIFE GENERAL LIFE INSURANCE PREMIUM FOR MARCH 2025 April 7, 2025 56244 $ 175.00 COMMUNITY MEDICAL CENTER GENERAL (1) FEBRUARY 2025 LEGAL BLOOD DRAWS FOR THE POLICE DEPARTMENT April 7, 2025 56245 $ 14,147.60 EMPLOYER DRIVEN INSURANCE SERVICE GENERAL BILLING SUMMARY FOR APRIL 2025 AND CLAIMS FOR FEBRUARY 2025 April 7, 2025 56246 $ 8,909.84 FARMERS LUMBER AND SUPPLY CO. GENERAL POOL PARK SUPPIES - (112) 6X6X8 PT April 7, 2025 56247 $ 944.46 FRESNO WIRE ROPE & RIGGING, IN GENERAL SUPPLIES FOR PARKS - (2) 1000', (10) FORGED CLP, (10) THIMBLE April 7, 2025 56248 $ 33,160.00 GERALD MELE & ASSOCIATES, INC. GENERAL
PROFESSIONAL SERVICE - COMMUNITY CENTER SCHEMATIC DESIGN &
DEVELOPMENT
April 7, 2025 56249 VOID
April 7, 2025 56250 $ 3,371.00 JON'S FLAGS & POLES INC GENERAL (2) ART CHARGE, (5) AUTISM FLAG, (1) CUSTOM NYLON PRINT April 7, 2025 56251 $ 1,503.18 KOPPEL & GRUBER GENERAL
CFD NO. 2006 - 1 AND L & L DISTRICT ANNUAL ADMINISTRATIVE SERVICE FOR JANUARY - MARCH 2025
April 7, 2025 56252 $ 51,160.00 LIGHTHOUSE ELECTRICAL INC WATER WASTE TREATMENT PLANT GENERATOR 15% LABOR & 65% MATERIAL
PRICE FOR FINAL BILL
April 7, 2025 56253 VOID
April 7, 2025 56254 $ 816.68 MENDOTA 1 SMOG GENERAL
2021 FORD, 2018 JEEP GRAND CHEROKEE AND 2023 DODGE DURANGO
VEHICLE MAINTANCE
April 7, 2025 56255 $ 1,164.76 METRO UNIFORM GENERAL
RAZOR BODY ARMOR FOR DAVID MALDONADO FROM POLICE
DEPARTMENT
April 7, 2025 56256 $ 1,743.49 MID VALLEY DISPOSAL, INC REFUSE PUBLIC WORKS REFUSE SERVICE MARCH 16-31, 2025 (3) 50 YARD EXCHANGE & (21.02) ROLL OF BINS
April 7, 2025 56257 $ 2,384.10 PACE SUPPLY CORP WATER SUPPLIES FOR WATER DEPARTMENT - (3) REPAIR CLAMP, (3) RMCCL April 7, 2025 56258 $ 28,930.50 PROVOST & PRITCHARD
GENERAL, WATER, SEWER,
STREETS
PROFESSIONAL SERVICE DIVISADERO & INEZ ST RECONSTRUCTION AND 2024 LOCAL ST IMPROVEMENT FOR FEBRUARY 2025
April 7, 2025 56259 $ 3,162.82 SITEONE LANDSCAPE SUPPLY LLC GENERAL (12) BERMUDA GRASS SEED, (12) KELLOGG TOPPER, (12) RISER FOR PARKS
April 7, 2025 56260 $ 535.00 TECH MASTER PEST MANAGEMENT GENERAL, WATER, SEWER
PEST CONTROL SERVICE FOR ROJAS PARK, CITY HALL, DMV, YOUTH
CENTER, PUBLIC WORKS, WATER DIVISON, & POLICE DEPARTMENT April 7, 2025 56261 $ 2,905.66 TRIANGLE ROCK PRODUCTS,LLC GENERAL, STREETS (28.07) ST 3/8 CM SC 3000 & ENVIROMENTAL FEE FOR STREETS AND PARKS
April 7, 2025 56262 $ 173.00 USA BLUEBOOK WATER, SEWER
SUPPLIES FOR WATER DEPARTMENT (12) PURELL INSTANT HAND
CLEANSER AND (1) CONDUCTIVITY SOLUTION
April 7, 2025 56263 $ 373.32 VESTIS GROUP, INC. GENERAL, WATER, SEWER PUBLIC WORKS UNIFORM SERVICE 3/27/2025 AND 4/03/2025 April 7, 2025 56264 $ 440.00 SALVADOR VILLASENOR GENERAL SPLASH-PAD PARK SIGNS April 7, 2025 56265 $ 13.10 VICTOR DIAZ WATER MQ CUSTOMER REFUND FOR DIA0031 April 7, 2025 56266 $ 58.84 JOSE GONZALEZ WATER MQ CUSTOMER REFUND FOR GON0129 April 9, 2025 56267 $ 184,802.00 CITY OF MENDOTA PAYROLL GENERAL PAYROLL TRANSFER 3/24/2025 - 4/06/2025 April 11, 2025 56268 $ 52.17 AG & INDUSTRIAL SUPPLY INC. GENERAL POOL PARK SUPPLIES: (4) THIMBLE 5/8 HEAVY, (4) CC CABLE CLAMP April 11, 2025 56269 $ 17.93 DNFINC,DBA BOBCAT OF FRESNO, WATER, SEWER, STREETS SUPPLIES FOR STREETS, WATER, AND SEWER DEPARTMENT - (1) WASHER CAST
April 11, 2025 56270 $ 312.95 BSK ASSOCIATES SEWER
WASTE WATER WEEKLY GRAB SAMPLE BOD, TDS FOR 3/11/2025 AND 3/25/2025
April 11, 2025 56271 $ 7,949.92 BSN SPORTS INC. GENERAL
BASEBALL SCOREBOARD, SPONSER PANEL, & CONTROLLER CASE FOR PARKS
April 11, 2025 56272 $ 125,903.00 CSJVRMA GENERAL 2024/2025 4TH QUARTER INVOICE April 11, 2025 56273 $ 266.51 CINTAS CORPORATION NO. 2 GENERAL, WATER, SEWER
FIRST AID KIT SUPPLIES POLICE DEPARTMENT, CITY HALL, PUBLIC
WORKS, WASTE TREATMENT, AND WASTE WATER PLANT
April 11, 2025 56274 $ 5,275.56 DELTA SAND, GRAVEL & RECYCLING WATER, SEWER, STREETS DUMP TRUCK PARTS: RIGHT REAR, BRAKE SHOES, AND TRANSMISSION/
MOTOR SEAL
April 11, 2025 56275 $ 896.00 GONZALEZ, CRISTIAN GENERAL
EXPENSE REIMBURSEMENT FOR HYATT HOTEL ROOM & FEE
RESERVATION FOR 2025 WASHINGTON ADVOCACY TRIP
April 11, 2025 56276 $ 107.12 GRAINGER INC. WATER CONTROL FLOW FOR ELECTRICITY FOR WASTEWATER
CITY OF MENDOTA
CASH DISBURSEMENTS
03/25/2025 - 04/024/2025
CK# 056166 - 056364
April 11, 2025 56277 $ 5,000.00 KAIZEN INFOSOURCE, LLC GENERAL WORK COMPLETED MARCH 2025: FINAL DRAFT RETENTION SCHEDULE
FOR CITY CLERK & ATTORNEY, CLIENT REVIEW, AND TRAINING SLIDES April 11, 2025 56278 $ 240.30 JULIANA LOPEZ GENERAL
EXPENSE REIMBURSEMENT FOR TULARE - KINGS VETERINARY
EMERGENCY SERVICE FOR YANOSCH
April 11, 2025 56279 $ 331.14 OFFICE DEPOT GENERAL, WATER, SEWER OFFICE SUPPLIES: (8) COPY PAPER, (10) BLUE COPY PAPER, (1) BINDER, (1) COMBO, (2)KLEENEX, (1) COUNTER FEIT PENS
April 11, 2025 56280 $ 230.29 R.G. EQUIPMENT COMPANY GENERAL PARK'S SPECIAL DEPARTMENT SUPPLIES: (2) V-BELT, (2) ENGINE TO GEAR BOX, (2) DRIVE BELT-V
April 11, 2025 56281 $ 1,301.50 SAN JOAQUIN VALLEY AIR WATER, SEWER FY25/26 ANNUAL PERMITS JD MODEL DIESEL-FIRE EMERGENCY & PROJECT C1250187 1300 2ND ST APPLICATION & ENGINEERING FEES April 11, 2025 56282 $ 2,417.45 SIERRA DISPLAY, INC. GENERAL CUSTOMER 30X60 BANNERS FOR CITY OF MENDOTA AND BULIDING FLAGS April 11, 2025 56283 $ 5,723.92 SORENSEN MACHINE WORKS
GENERAL, WATER, SEWER,
STREETS MARCH 2025 CITYWIDE DEPARTMENT SUPPLIES
April 11, 2025 56284 $ 409.36 UNION PACIFIC RAILROAD COMPANY STREETS 10TH ST & MARIE ST, MARIE ST ENCROACHMENT BELMONT AVE MAY 2025 April 11, 2025 56285 $ 755.74 STATE OF CALIFORNIA STREETS SIGNALS & LIGHTING BILLING FOR OCTOBER 2024 TO DECEMBER 2024 April 11, 2025 56286 $ 8,454.07 BANKCARD CENTER
GENERAL, WATER, SEWER,
STREETS
CREDIT CARD EXPENSES 2/27/25 - 3/25/25, WASHINGTON DC ADVOCACY
TRIP, CAL CITIES INSTITUE, & PD AMAZON PURCHASES
April 11, 2025 56287 $ 115.17 THARP'S FARM SUPPLY GENERAL PARK SUPPLIES: (12) CABLE THIMBLE, (14) CABLE CLAMP, (11) EYEBOLT WELD
April 11, 2025 56288 $ 813.51 USA SUPPLY INC. SEWER
REPLACE FAILED CONDUCTIVITY METER - (1) ECOSENSE CONDUCTIVITY
KIT - COND CABLE, METER, & CASE
April 11, 2025 56289 $ 241.25 VESTIS GROUP, INC. GENERAL UNIFORM FOR FINANCE DEPARTMENT SUPERVISOR : (5) CUSTOM
EMBROIDERY,(1) POPLIN, POLO, PULLOVER & (1) NIKE FLEECE April 11, 2025 56290 $ 13.90 CULIGAN WATER GENERAL MONTHLY SERVICE FEE FOR APRIL 2025 - POLICE DEPARTMENT April 11, 2025 56291 $ 66.96 WECO GENERAL, WATER, SEWER
MONTHLY RENT SERVICE CYLINDER ACENTYL, OXYGEN D, & OXYGEN K FOR 2/28/2025 - 3/31/2025
April 15, 2025 56292 $ 442.50 JOSE ALONSO GENERAL
PERDIEM & MILEAGE FOR CAL CITIES CITY LEADERS SUMMIT 4/23/2025 - 4/25/2025
April 15, 2025 56293 $ 735.18 AT&T GENERAL, SEWER AT&T PHONE SERVICE 2/25/2025 - 3/24/2025 April 15, 2025 56294 $ 446.00 BMI GENERAL MUSIC LICENSE FEE 4/01/2025 - 3/31/2026 April 15, 2025 56295 $ 999.00 CALIFORNIA DEPARTMENT OF TAX & FEE GENERAL, WATER, SEWER USE TAX 31-DECEMBER-2024 #102-068202 April 15, 2025 56296 $ 2,466.76 COMCAST GENERAL, WATER, SEWER CITYWIDE XFINITY SERVICE 4/06/2025 - 5/05/2025 April 15, 2025 56297 $ 216.74 DATA TICKET, INC. GENERAL DAILY CITATION PROCESSING AND DAILY NOTICE MARCH 2025 April 15, 2025 56298 $ 2,997.75 FRESNO COUNTY CLERK GENERAL PUBLICATION & SALARIES - MENDOTA CITY COUNCIL ST NOVEMBER 2024 April 15, 2025 56299 $ 56,147.50 GERALD MELE & ASSOCIATES, INC. GENERAL PROFESSIONAL SERVICE DESIGN DEVELOPMENT & CD PHASE April 15, 2025 56300 $ 4,125.00 iCAD INC. WATER VFDS PREVENTATIVE MAINTENANCE BI ANNUAL PM April 15, 2025 56301 $ 325.00 INSYARATH, KHAMPHOU GENERAL POLICE DEPARTMENT STATISTICS FOR MARCH 2025 April 15, 2025 56302 $ 27,712.25 LIGHTHOUSE ELECTRICAL INC GENERAL, WATER
ROJAS PARK TRANSFORMER AND FINAL INVOICE FOR WATER PLANT
GENERATOR PROJECT
April 15, 2025 56303 $ 442.50 JESUS MENDOZA GENERAL
PERDIEM & MILEAGE FOR CAL CITIES CITY LEADERS SUMMIT 4/23/2025 - 4/25/2025
April 15, 2025 56304 $ 2,278.32 ERNEST PACKING SOLUTIONS GENERAL, WATER, SEWER SUPPLIES FOR ALL DEPARTMENTS (10) CAN LINERS, (4) PINE SOL CLOROX, (3) AZURE FOAM WASH, (4) BATH TISSUE
April 15, 2025 56305 $ 10,000.00 TOWNSEND PUBLIC AFFAIRS, INC. GENERAL, WATER, SEWER MANAGEMENT CONSULTING SERVICES FOR THE MONTH OF MAY 2024 AND APRIL 2025
April 15, 2025 56306 $ 75.00 TRANSUNION RISK AND ALTERNATIVE GENERAL TRANSUNION RISK & ALTERNATIVE DATA MARCH 2025 FOR POLICE
DEPARTMENT
April 15, 2025 56307 $ 1,047.71 TRIANGLE ROCK PRODUCTS,LLC GENERAL, STREETS (10.13) ST 3/8CM SC 3000 ENVIRONMENTAL FEE - AGG & ASPHALT FOR
POTHOLES STREETS
April 15, 2025 56308 $ 186.66 VESTIS GROUP, INC. GENERAL, WATER, SEWER PUBLIC WORKS UNIFORM SERVICE 4/10/2025 April 23, 2025 56309 $ 204,724.00 CITY OF MENDOTA PAYROLL GENERAL PAYROLL TRANSFER 4/07/2025 - 4/20/2025 April 24, 2025 56310 $ 4,015.84 A-1 NATIONAL FENCE GENERAL, SEWER
ANIMAL CONTROL MATERIALS FOR DOG KENNEL FENCE, LOZANO BLANCO
DRAIN BASIN AND STORM DRAIN FOR SEWER REPAIRS
CITY OF MENDOTA
CASH DISBURSEMENTS
03/25/2025 - 04/024/2025
CK# 056166 - 056364
April 24, 2025 56311 $ 76.67 ADT SECURITY SERVICES GENERAL SECURITY SERVICE WATER TREATMENT 5/4/25 - 6/3/25 April 24, 2025 56312 $ 40,724.54 AETNA LIFE INSURANCE COMPANY GENERAL MEDICAL INSURANCE FOR MAY 2025 April 24, 2025 56313 $ 517.28 AFLAC GENERAL AFLAC INSURANCE FOR APRIL 2025 April 24, 2025 56314 $ 54.73 AIRGAS USA, LLC WATER, SEWER RENT CYLINDER SMALL CARBON DIOXIDE MARCH 2025 April 24, 2025 56315 $ 355.93 ALERT-0-LITE STREETS STREETS SIGN - RED FHIP STOP SIGN POST COVER April 24, 2025 56316 $ 6,558.00 AMERITAS GROUP GENERAL DENTAL AND VISION INSURANCE FOR MAY 2025 April 24, 2025 56317 $ 21.16 AUTOZONE, INC. GENERAL (2) TURTLE WAX WASH & WAX FOR THE POLICE DEPARTMENT VEHICLES April 24, 2025 56318 $ 780.00 MADERA DISPOSAL SYSTEMS INC GENERAL ANIMAL CONTROL (26) TONS TICKET 492124 April 24, 2025 56319 $ 52.93 AVIDWATER, LLC WATER (6) COUPLING, 2" SOC X SOC SCH 80 FOR WATER April 24, 2025 56320 $ 1,599.20 BELMONT NURSERY GENERAL (50) COLOR BEDDIN ASST FLAT FOR EARTH DAY EVENT AND PISTACIA
CHINESIS TREE AND PURPLE ROBE LOCUST FOR PARKS
April 24, 2025 56321 $ 1,677.00 BSK ASSOCIATES WATER, SEWER
WASTE WATER WEEKLY GRAB SAMPLE, TREATEMENT AND DISTRIBUTION, AND 2ND QUARTER HALOACETIC ACIDS SERVICES
April 24, 2025 56322 $ 179.11 CORELOGIC INFORMATION GENERAL, WATER, SEWER REAL QUEST SERVICE FOR MARCH 2025 April 24, 2025 56323 $ 1,133.36 CORBIN WILLITS SY'S INC. GENERAL, WATER, SEWER ENHANCEMENT & SERVICE FEE FOR MAY 2025 April 24, 2025 56324 $ 855.40 CORE & MAIN LP SEWER SEWER MAIN REPAIR MATERIALS : SEWER SPIGOT PLUG & SHEAR RING April 24, 2025 56325 $ 428.60 CROWN SERVICES CO. GENERL, SEWER TOILET W/SINK 1X WK - 1300 2ND ST-WASTE WATER TREATMENT PLANT, POOL PARK & LOZANO PARK FOR 3/28/2025 - 4/10/2025
April 24, 2025 56326 $ 25,864.75 CUMMINS INC. STREETS STREET SWEEPER - REAR ENGINE REPLACE LABOR AND PARTS April 24, 2025 56327 $ 2,640.00 DELTA SAND, GRAVEL & RECYCLING GENERAL, STREETS
TRANSPORT, DEMOLISH & AIRPORT BASIN TRAILER REMOVAL & DISPOSAL
AND STREETS END DUMP SERVICES FOR ASPHALT
April 24, 2025 56328 $ 296.00 DEPARTMENT OF JUSTICE GENERAL (13) MONTHLY SERVICES FOR MARCH 2025 April 24, 2025 56329 $ 316.00 DISCOUNT SHRED GENERAL CERTIFICATE OF DESTRUCTION (2) 96 GALLON BINS & (2) FILE BOXES April 24, 2025 56330 $ 1,055.48 ECS HOUSE INDUSTRIES, INC. SEWER SUPPLIES FOR SEWER FACILITY: (0.7) OIL SCHAFFERS, GREASE
BATTERIES, AND HYDRA LOCK BREATHER
April 24, 2025 56331 $ 17,951.92 FRESNO COUNTY SHERIFF GENERAL, WATER SERVICES FOR PRISONER PROCESSING FOR 1ST & 4TH QUARTER, DISPATCH MARCH 2025, & RMS -JMS ACCESS FEE FEBRUARY 2025 April 24, 2025 56332 $ 31,414.92 GUTHRIE PETROLEUM INC
GENERAL, WATER, SEWER,
STREETS
(1595) BLACK DIESEL FUEL NO. 2 STATE EXCISE TAX AND (6960) BLACK
UNLEADED GASOLINE FOR ALL DEPARTMENTS
April 24, 2025 56333 $ 296.84 HARBOR FREIGHT TOOLS GENERAL, SEWER, STREETS SPECIAL DEPARTMENT SUPPLIES FOR BUILDINGS, STREETS, & SEWER April 24, 2025 56334 $ 1,151.06 HD SUPPLY WHITE CAP CONSTRUCTION STREETS SOLAR STREET LIGHTS SUPPLIES : (12) 30" SONOTUBE & (24) 36"
SONOTUBE
April 24, 2025 56335 $ 1,380.00 iCAD INC. WATER WELL 9 FAILING FAULT CODE 17 CAUSE BY RIPPLE IN DC BUS VOLTAG April 24, 2025 56336 $ 3,127.68 JOHN AVILA COMMUNICATIONS GENERAL
CONNECT & INSTALL COMPUTERS & NETWORK AT POLICE DEPARTMENT AND (8) ANALOG PHONE PORTS, (12) DIGITAL PORTS.
April 24, 2025 56337 $ 306.49 LEAF GENERAL, WATER, SEWER (2) KYOCERA COPIER SYSTEMS FOR APRIL 2025 April 24, 2025 56338 $ 300.00 MENDOTA COMMUNITY CORPORATION GENERAL DEPOSIT REIMBURSEMENT FOR ROJAS PIERCE PARK MAIN PAVILION April 24, 2025 56339 $ 443.83 MENDOTA 1 SMOG GENERAL
2024 RAM :M93 MAINTANCE (1) OIL FILTER & (7) MOTOR OIL CHANGE & 2019 DODGE CHARGER REPAIR WATER PUMP & COOLANT
April 24, 2025 56340 $ 198,735.34 MID VALLEY DISPOSAL, INC STREETS, REFUSE SANITATION CONTRACT SERVICES FOR MARCH AND APRIL 2025 AND (2) 50 YARD & (2) 10 YARD EXCHANGE, AND (34.92) ROLL OFF BINS April 24, 2025 56341 $ 2,429.94 NORTHSTAR CHEMICAL WATER CHEMICAL SUPPLIES: (710) SODIUM HYPOCHLORITE 12.5% MILLA, MEETS
NSF/ANSI
April 24, 2025 56342 $ 326.45 OFFICE DEPOT GENERAL, WATER, SEWER OFFICE SUPPLIES: NOTEBOOKS, PAPER CLIPS, DUSTER, MEDIUM AND LARGE CLIPS, PAPER. AND STICKY NOTES
April 24, 2025 56343 $ 42,437.35 PG&E GENERAL WATER, STREETS WATER DEPARTMENT UTILITIES SERVICES 3/07/2025-4/06/2025, AND POLICE DEPARTMENT UTILITIES FOR 3/11/2025 - 4/08/2025
April 24, 2025 56344 $ 2,256.08 PLATT ELETRIC SUPPLY STREETS BELMONT STREET LIGHTS AND STREET LIGHT SUPPLIES: (6) LMK LAS45S, (10) LIMITRON AND (12) IMT LED 4536SC
April 24, 2025 56345 $ 3,135.00
PRICE PAIGE & COMPANY CERTIFIED
PUBLIC
GENERAL, WATER, SEWER,
STREETS, REFUSE PROFESSIONAL SERVICE RENDERED: JUNE 30, 2024 AUDITED FINANCIAL April 24, 2025 56346 $ 1,079.75 PROFORCE LAW ENFORCEMENT GENERAL POLICE DEPARTMENT SUPPLIES: (80) AMMUNITION - ( AGU 9MM 115GR FMJ 50RD/BOX ) & (1) XFET
April 24, 2025 56347 $ 10,819.12 P S I EQUIPMENT SALES INC
GENERAL, WATER, SEWER,
STREETS
ALL DEPARTMENTS FUEL PUMP SYSTEM - CONSOLE, HOSE & CELL
MODULE , AND ANTENNA
April 24, 2025 56348 $ 3,149.78 PURCHASE POWER GENERAL, WATER, SEWER POSTAGE METER REFILLS FOR 3/17/2025 - 3/18/2025 & 4/10/2025 - 4/11/2025
CITY OF MENDOTA
CASH DISBURSEMENTS
03/25/2025 - 04/024/2025
CK# 056166 - 056364
April 24, 2025 56349 $ 1,504.46 RAMON'S TIRE & AUTO SERVICE
GENERAL, WATER, SEWER,
STREETS
DODGE RAM TIRE INSTALLMENT PACKAGE, 1999 FORD F-550 TIRE DISMOUNT, MOUNT & DISPOSAL, & 2023 CHEVROLET TIRE REPAIR April 24, 2025 56350 $ 1,883.88 REXEL USA, INC. SEWER
MOTOR F2-2 REPLACEMENT PARTS FOR SEWER FACILITY : BAL VEM3714T 10HP 17700RPM 3PH 60HZ 215TC
April 24, 2025 56351 $ 126.88 ERNEST PACKING SOLUTIONS GENERAL, WATER, SEWER ALL DEPARTMENTS CLEANING SUPPLIES : (2) CLNR/DEGRSR BATH KABOOM
April 24, 2025 56352 $ 34.95 SEBASTIAN GENERAL POLICE DEPARTMENT SECURITY SERVICE FOR 3/21/25-4/20/2025 April 24, 2025 56353 $ 1,627.07 SIGNMAX GENERAL (1) 1/4" THICK X 15" TALL ALUMINUM LETTERS FOR COUNCIL CHAMBERS April 24, 2025 56354 $ 409.36 UNION PACIFIC RAILROAD COMPANY STREETS LEASE AGREEMENT FOR 10TH & MARIE ST, MARIE ST ENCROCHEMENT BELMONT AVE MAY 2025
April 24, 2025 56355 $ 90.00 STATE WATER RESOURCES CONTROL WATER, STREETS WATER CERTIFICATION RENEWAL OPERATOR # 39459 AND APPLICATION
FEE FOR DERRICK & OLLER ROUNDABOUT
April 24, 2025 56357 $ 500.00 TED'S AG SERVICE
GENERAL, WATER, SEWER,
STREETS (5) REPLACE CARD SYSTEM FOR FUEL TANK
April 24, 2025 56358 $ 2,748.93 HOME DEPOT GENERAL, STREETS PARK MATERIALS AND BUILDING SUPPLIES: (2) BEHR OOE MEDIUM 4.96GL, (2) LATCH GATE FLIP, AND (2) LED TUBES
April 24, 2025 56359 $ 120.00 TOP DOG TRAINING CENTER GENERAL MONTHLY SERVICE K-9 MAINTENANCE TRANING FOR OFFICER LOPEZ & YANOSCH 4/12/25
April 24, 2025 56360 $ 183.44 UNIFIRST CORPORATION GENERAL, WATER, SEWER SUPPLIES FOR CLEANING : (1) WET MOP, (2) MOPS - UNFRAMED, (50)
TERRY CLOTHS
April 24, 2025 56361 $ 101.51 VALLEY FARM SUPPLY STORES INC. GENERAL PARK SUPPLIES: POLY SHRUB RAKE, BROOM RAKE, AND 4" BRASS April 24, 2025 56362 $ 2,000.00 VALLEY GREEN AG MANAGEMENT INC GENERAL 5 DAYS TECHNICIAN/FUEL/CO2 MACHINE INFESTION FOR POOL PARK April 24, 2025 56363 $ 1,071.08 VERIZON WIRELESS GENERAL, WATER, SEWER CITYWIDE CELLPHONE SERVICE 4/07/2025 - 5/06/2025 April 24, 2025 56364 $ 186.66 VESTIS GROUP, INC. GENERAL, WATER, SEWER PUBLIC WORKS UNIFORM SERVICE FOR 4/17/2025 $ 1,956,107.74
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CELESTE CABRERA-GARCIA, CITY CLERK
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: ADOPTING THE RECORDS AND INFORMATION MANAGEMENT POLICY AND THE
RECORDS RETENTION SCHEDULE
DATE: MAY 6, 2025
ISSUE
Shall the City Council adopt Resolution No. 25-22, adopting the Records and Information Management Policy and the Records Retention Schedule?
BACKGROUND
The Office of the City Clerk provides legally mandated services to the public, City of Mendota ("City") staff, and other governmental agencies. These services include delivering legally required information through various access points—both in-person and via technological means—to ensure that all residents can obtain information as mandated by the Ralph M. Brown Act and the California Public Records Act. To support these obligations, it is common practice for cities to adopt Records and Information Management Policies and Records Retention Schedules to ensure compliance with legal requirements and to promote efficient, organized records management.
The City originally adopted its Records Management Policy and Records Retention Schedule in 2006. The updated Records and Information Management Policy provides a clear definition of what constitutes a record for the City and outlines the principles and procedures the City will follow in managing both its records and general information. The Records Retention Schedule identifies the types of records created or received in the ordinary course of City business and specifies the required retention periods for each record type, thereby informing the public about the City’s practices for managing public information.
Recognizing the need to modernize the City's records management framework to better align with current operational practices, technological advancements, and evolving legal standards, the City initiated an update last year. In December 2024, the City adopted Resolution No. 24-59, authorizing the execution of a professional services agreement with Kaizen InfoSource, LLC, to develop a new Records and Information Management Policy and Records Retention Schedule.
ANALYSIS
The proposed Records and Information Management Policy and Records Retention Schedule, attached to the resolution as Exhibits "A" and "B," were developed collaboratively with input from all City departments. Each department had the opportunity to review and refine the documents to ensure they meet their specific operational needs. Additionally, the City Attorney’s Office 2 reviewed the documents to verify compliance with all applicable federal and state laws and regulatory requirements.
FISCAL IMPACT
There is no direct financial impact associated with the adoption of the Records and Information Management Policy and Records Retention Schedule. The costs related to hiring the consultant were previously authorized under Resolution No. 24-59.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 25-22, adopting the Records and Information Management Policy and the Records Retention Schedule.
Attachments:
1. Resolution No. 25-22
2. Exhibit “A” – Records and Information Management Policy
3. Exhibit “B” – Records Retention Schedule
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 25-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA ADOPTING
THE NEW RECORDS AND INFORMATION MANAGEMENT POLICY AND RECORDS
RETENTION SCHEDULE
WHEREAS, the City of Mendota (the “City”) previously adopted a records management policy and records retention schedule in 2006 to ensure compliance with legal requirements and to promote efficient records management practices; and WHEREAS, it is necessary to update and modernize the City's records management framework to align with current operational needs, advancements in technology, and evolving legal standards; and
WHEREAS, the new Records and Information Management Policy establishes a comprehensive framework that clearly defines what constitutes a public record, outlines the principles and procedures for managing City records, and ensures the proper preservation, accessibility, and disposition of those records; and WHEREAS, the City’s Records Retention Schedule categorizes the types of records created or received by each City department, specifies the retention periods for each category of records, and ensures compliance with applicable federal and state laws, including, but not limited to, the California Public Records Act (Government Code section 7920.000 et seq.); and
WHEREAS, the new Records and Information Management Policy and Records Retention Schedule are intended to ensure transparency, accountability, and efficiency in the City's handling of records while mitigating risks associated with improper recordkeeping practices; and
WHEREAS, future amendments to the Records Retention Schedule may be made as necessary to reflect changes in operational practices or legal requirements, with updates to be coordinated and approved by the City Clerk in consultation with the City Attorney, in accordance with applicable laws and best practices.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota hereby adopts the Records and Information Management Policy, attached hereto as Exhibit "A," and the Records Retention Schedule, attached hereto as Exhibit "B."
2 BE IT FURTHER RESOLVED, that the City Clerk, in consultation with the City Attorney, is authorized to review and recommend future updates to the Records Retention Schedule to ensure its continued compliance with applicable legal requirements and best practices
______________________________
Victor Martinez, Mayor
ATTEST:
I, Celeste Cabrera-Garcia, City Clerk of the City of Mendota, do hereby certify that the foregoing resolution was duly adopted and passed by the City Council at a regular meeting of said Council, held at the Mendota City Council Chambers located at 725 Riofrio Street, Mendota, California 93640, on the 6th day of May, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
EXHIBIT A
RECORDS AND INFORMATION MANAGEMENT POLICY
1. PURPOSE
This Policy serves as the highest level of governance for City of Mendota (the “City”) records and information.
This Records and Information Management (RIM) Policy identifies and states the requirements and rules the City will follow in managing its paper and electronic records and information in compliance with laws and regulations. The rules apply to the content of the record, not to the tools or media used to create or transmit the record or information.
It is the responsibility of every elected or appointed official, employee and contractor to comply with the rules and requirements of this Policy.
2. POLICY STATEMENTS
a. Ownership
Records and information created or received in the conduct of the City’s business are the exclusive property of the City and are subject to the rules and requirements of this Policy and the Records Retention Schedule. b. Classification and Format
Records and information, both in paper and in any electronic format, are to be created, stored and managed with appropriate classification and indexing that enables efficient and shared access, appropriate application of retention and secured protection.
Records and information determined to be confidential or restricted must be secured and access controlled. c. Retention
Records are to be retained in accordance with the adopted Records Retention Schedule. When records have completed or passed their retention period, regardless of format, they are to be deleted or destroyed in compliance with the City’s procedures.
Prior to destruction or deletion of any City records, even in compliance with the Retention Schedule, such records must follow City procedures for records destruction. Retention periods and categories are to be reviewed on a routine basis, but at least every three years, that allows for changes due to regulatory changes or by the advice of the City Attorney.
d. Storage
Paper records no longer considered active may be transferred to a designated offsite repository to fulfill retention requirements. Electronic records no longer considered active may be transferred to an approved offline repository to fulfill retention requirements, but records transferred to an offline or offsite repository shall remain accessible by City employees for business needs.
Records owned by the City shall not be stored on personal devices, personal accounts, or in any unauthorized location. Any such Records shall be immediately transferred to an authorized location accessible by City employees for business needs.
CITY OF MENDOTA
RECORDS AND INFORMATION MANAGEMENT POLICY
e. Electronic Communications
Unless otherwise required by contract or law, including data privacy laws, electronic communication, including emails, email threads, text messaging, instant messaging, social media, and any other form of electronic communication that might be used to conduct the City’s business, are subject to this Policy and are the exclusive property of the City.
Emails sent or received for the purpose of City business are considered the City’s property and must be maintained in City systems and in compliance with this Policy and the Records Retention Schedule.
Instant messaging, including, but not limited to, text messages are to be limited to brief communications to establish contact, identify location or confirm appointments. Text messages should not be used to create and communicate directives, conduct City business, or send files.
Social media should be used exclusively for the distribution of City information. No original documents are to be created within social media but may be attached to the original communication and shall be limited to announcements.
Electronic Communication systems are intended to be a medium of delivery of communication and not as a repository for records. Although Electronic Communications may seem to be less formal than other written communication, the same definition of a Record applies, as do the rules for storage and retention.
Electronic Communications that meet the definition of a record are to be stored in an official City repository. f. Records of Exiting Elected or Appointed Officials, Employees and Contractors When an employee or a contractor separates from the City, the supervisor or manager of that employee or contractor is responsible for complying with the requirements of this Policy and any supporting procedures for retaining and managing the record and information of the exiting employee or contractor.
When an elected or appointed official separates from the City, the City Clerk, in conjunction with the Administrative Services Director, are responsible for complying with the requirements of this Policy and any supporting procedures for obtaining and retaining the records and information of the exiting official. g. Legal Holds and Suspending Retention Requirements
Records and information relevant to litigation and subject to a Legal Hold are to be retained and preserved until further notice from the City Attorney’s Office regardless of the retention period set forth in the Records Retention Schedule.
Records and information subject to a Legal Hold that are no longer required for day‐to‐day business operations may be transferred to an approved offsite repository in coordination with the City Clerk’s Department.
CITY OF MENDOTA
RECORDS AND INFORMATION MANAGEMENT POLICY
h. Information Protection
Disaster recovery backup media are exact copies of an operating system, associated applications, and data created for the sole purpose of recovering data in the event of a disaster or business disruption and are not subject to the requirements of the Records Retention Schedule. Backups serve as a level of protection for electronic systems, and the data stored on those systems are not subject to any retention requirements.
3. KEY DEFINITIONS (other definitions are included in Attachment B) a. Convenience Information
Not all information or data is a record. Some information is collected or created in order to complete a task or enable the creation of a record, but the City has no obligation to retain it. This type of information is considered Convenience Information as it is only created or received for the convenience of the employees. Examples of types of Convenience Information may be found in Attachment A. b. Record
Records are either defined specifically by laws or regulations or, in the absence of specific definitions, a record is the document or information generated as the final output of a business process or business decision.
c. Records Retention Schedule
The Records Retention Schedule is the governance document that describes the categories or types of City records and their required retention period that these are to be retained. Records should be retained for the length of time prescribed in the Records Retention Schedule.
4. CONTROLS
The management of each department is accountable for managing and controlling their records and information in accordance with this Policy and the Records Retention Schedule. It is the department management’s responsibility to ensure that there are adequate procedures that enable employees to comply with this Policy and the Records Retention Schedule.
Only authorized users may have access to a department’s records and information.
5. REVISION HISTORY
Revision History
Version Date Description of Changes Revised By
001 04/2025 New Policy
CITY OF MENDOTA
RECORDS AND INFORMATION MANAGEMENT POLICY
6. ATTACHMENTS
a. Attachment A – Examples of Convenience Information
b. Attachment B – Glossary of Terms
c. Attachment C – RACI Chart of Responsibilities
CITY OF MENDOTA
RECORDS AND INFORMATION MANAGEMENT POLICY
ATTACHMENT “A”
EXAMPLES OF CONVENIENCE INFORMATION
• Identical copies of documents
• Extra copies of printed or processed materials kept only for convenience or reference (e.g. copy of expense reports by the individual once it has been paid) • Miscellaneous notices of employee meetings, holidays, and other reference materials • Templates and Blank Forms used to create a document or record • System backups – taken for the sole purpose of information protection and restoration in the event of a business disruption
• Notes, working papers, or drafts created or used in the preparation of a Record • Catalogs, trade journals, and other outside publications or papers received from external companies or bodies that are used for reference
• Materials used for information gathering purposes – stock of publications, supporting documentation not used in the final report or record
CITY OF MENDOTA
RECORDS AND INFORMATION MANAGEMENT POLICY
ATTACHMENT B
GLOSSARY OF TERMS
RIM Program Glossary Created: 2024
Revised:
This Records and Information Management (RIM) Program Glossary provides a comprehensive and standardized list of terms and acronyms along with their definitions that are used by the City of Mendota. This Glossary is designed to eliminate the need to include terms and definitions within the body of the Policies or Procedures. This Glossary provides a standard lexicon consistent with industry standards (ARMA, ANSI, and Sedona Conference).
Term Definition Reference
Access The right, opportunity, or means of finding, using, or retrieving information. ARMA/ANSI Active Records A record needed to perform current operations, subject to frequent use, and usually located near the user.
ARMA/ANSI
Archival Data Records and information the City retains for long-term storage and record keeping purposes, but which is not immediately accessible. Archival data may be written to removable media or may be maintained on a system component.
Sedona Conference
Archive A designated location where records and information that are required to be retained or preserved for extended periods of time are stored. An archive is a separate location from any ongoing business activity.
ARMA/ANSI
Audit An independent review and examination of records and activities to test for compliance with established policies or standards, often with recommendations for changes in controls or procedures.
To conduct an independent review and examination of system records and activities to test the adequacy and effectiveness of the records and information management procedures, to ensure compliance with established policy and operational procedures, and to recommend any necessary changes.
ARMA/ANSI
Backup A exact copy of an application and the electronic information of that application which is created as a precaution in case the original is lost or destroyed.
ARMA/ANSI
Backup Data An exact copy of electronically stored information (ESI) that serves as a source for recovery in the event of a system problem or disaster. Backup Data is generally stored separately from active data on portable media. Backup Data is distinct from Archives. See "Disaster Recovery Backup Tapes." Sedona Conference
CITY OF MENDOTA
RECORDS AND INFORMATION MANAGEMENT POLICY
Term Definition Reference
Change Request A formal request for a change to be made to RIM Policy or the Retention Schedule. The request is submitted to the Compliance Department with a justification and details of the change.
City
Classification The systematic identification and arrangement of records into categories according to logically structured conventions, methods, and procedural rules including an index of the metadata.
ARMA/ANSI
Confidentiality/Sensitivity A classification of records that contain information, the disclosure of which would harm the privacy of individuals or the security of the City.
ARMA/ANSI
Convenience Information Information received or created that has no business value and is not a Record. Convenience information will not further the City's business and does not have to adhere to any defined Retention Period provided it is not subject to a Legal Hold.
City
Deletion The process whereby data is removed from active files and other data storage structures on computers and rendered inaccessible except through the use of special data recovery tools designed to recover deleted data.
ARMA/ANSI
Destruction The definitive obliteration of records or information beyond any possible reconstitution. ARMA/ANSI Disaster Recovery Plan A plan to restore a system after a catastrophic loss. City Discovery The process of identifying, locating, securing, and producing information and materials for the purpose of obtaining evidence for utilization in the legal process. It is also used to describe the process of reviewing all materials that may be potentially relevant.
Sedona Conference
Disposition A final administrative action taken with regard to records, including destruction, transfer to another entity, or permanent preservation.
Sedona Conference
Document Any recorded or stored information in whatever format or type. This includes both physical and electronic formats such as, but not limited to, paper documents; forms; reports; manuals; correspondence; notes; computer files such as spreadsheets, databases, word-processed documents, email messages, web-based content, and any electronic communications; and media, such as videotape, audiotape, microfilm or photographs in any format.
City
Electronic ContentManagement System (ECM) A system consisting of software, hardware, policies and processes to automate the preparation, organization, tracking, distribution and retention of electronic documents.
City
CITY OF MENDOTA
RECORDS AND INFORMATION MANAGEMENT POLICY
Term Definition Reference
Electronic Record Any Record stored on or by a machine or electronic device or containing machine- sensible or machinereadable information.
City
Email The transmission of messages, their metadata, and possible attachments over communication networks. ARMA/ANSI Event-Based Disposition A concept wherein once a registered event occurs, the disposition schedule starts. ARMA/ANSI File A group of documents in any format or media related by subject, activity or transaction, often handled as a unit.
ARMA/ANSI
File Plan A classification scheme describing different types of files maintained in an office, how they are identified, where they should be stored, how they should be indexed for retrieval, and a reference to the approved disposition for each file.
ARMA/ANSI
Filename The name given to a group or series of related documents contained in a file folder. A specific electronic document or record name.
ARMA/ANSI
Historical Records Records and/or information that possess a value in documenting the history of the organization and are thus worthy of permanent preservation.
ARMA/ANSI
Inactive Record Any Record related to closed, completed, or concluded activities. Inactive Records are no longer routinely referenced but must be retained in order to fulfill legal or retention requirements.
City
Indexing The act of specifying the predetermined metadata such as topic, name, number or caption under which a document is to be filed.
ARMA/ANSI
Information Data that has been given value through analysis, interpretation, or compilation in a meaningful form. ARMA/ANSI Legal Hold (a/k/a "Litigation Hold") An obligation statement the City uses to preserve forms of relevant information as a result of current or anticipated litigation, audit, governmental investigation or other such matters.
Sedona Conference
Legal Hold Notice A communication issued by the Office of the General Counsel as a result of current or anticipated litigation, audit, governmental investigation or other such matter that directs impacted City Personnel to preserve any Documents that may be relevant to the matter.
Sedona Conference
CITY OF MENDOTA
RECORDS AND INFORMATION MANAGEMENT POLICY
Term Definition Reference
Metadata Data that is typically stored electronically describing the characteristics of electronic information, found in different places in different forms. Metadata can be supplied by the application, users, or the file system.
Metadata can describe how, when and by whom information was collected, created, accessed, modified and how it is formatted. It can be altered intentionally or inadvertently.
Sedona Conference
Native Format The associated file structure of electronic documents defined by the original creating application. The file structure is referred to as the "native format" of the document.
Sedona Conference
Offsite Storage A potentially secure location, remote from the primary location at which inactive or vital records and information are stored.
ARMA/ANSI
Onsite Storage Storage of records and information on the premises of the organization. ARMA/ANSI Policy A high-level set of rules, containing a set of principles, embracing the general goals of the organization, used to base decisions. Procedures are the document to implement the Policy for each department.
City
Preservation (Discovery) The process of ensuring retention and protection from destruction or deletion of all potentially relevant evidence, including electronic metadata.
Sedona Conference
Record Records are either defined specifically in applicable statutes, Municipal Code, City business practices, or, in the absence of specific practices, a Record is the document or information generated as the final output of a business process or business
decision.
City
Records Owner The subject matter expert on the contents of the record and is responsible for the lifecycle management of the record and business process.
ARMA/ANSI
Records and Information Management The field of Records and Information Management is responsible for the efficient and systematic control of the creation, receipt, maintenance, use and disposition of records, including processes for capturing, and maintaining evidence of and information about business activities an organization.
ARMA/ANSI
Records Management Program A comprehensive strategy and plan with a set of requirements for the systematic control of the creation, use, maintenance and disposition of records and information regardless of media.
Sedona Conference
Records Retention Schedule A comprehensive list of Records, indicating for each the length of time each Record is to be maintained. ARMA/ANSI
CITY OF MENDOTA
RECORDS AND INFORMATION MANAGEMENT POLICY
Term Definition Reference
Remote Access The ability to access and use digital information from a location off-site from where the information is physically located.
Sedona Conference
Restricted Access A limitation on access to records and information of a specific type imposed by general or specific requirements.
ARMA/ANSI
Retention Period The length of time a record or information is to be kept meeting administrative, fiscal, legal or historical requirements.
ARMA/ANSI
Retire Withdraw an Application, IT service, etc. from use in the live environment. Also known as Decommissioning.
City
Standard Procedures Written procedures prescribing and describing the steps to be taken in normal and defined conditions which are necessary to assure control of production and processes.
City
Statute of Limitation The period of time in which legal action may be taken as defined by law. ARMA/ANSI Template A Template is a structure or framework for a document. It can be guidance or required. City Trigger Events Activities that once they occur initiate the start of the retention period identified in the Records Retention Schedule.
City
Vital Record Any Record that is fundamental to the recovery and functioning of the City and necessary to continue operations without delay under abnormal conditions.
City
CITY OF MENDOTA
RECORDS AND INFORMATION MANAGEMENT POLICY
ATTACHMENT C
RECORDS AND INFORMATION MANAGEMENT PROGRAM
RACI CHART
EXHIBIT B
City of Mendota - Retention Schedule
Record No. Record Name and Description Example Records Responsible Department(s) Retention Legal Citations and Comments 001 Benefit Plans
Plans established to provide employee benefits and associated administrative documents. Types of plans include:
- CalPERS (retirement and general benefits)
- Flexible Spending
- Life Insurance
- Accidental Death & Dismemberment (ADD)
- Deferred Compensation
Employee Benefit Plans
Group Insurance Cost Data
CalPERS Actuarial Reports
Summary Plan Descriptions
Administrative Services Life*+6Y CA - CCP 337 - (LA4Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090 - (2Y)
US - 29 CFR 1627.3(b)(2) - (LI*+1Y)
US - 29 CFR 4007.10(a)(1) - (6Y)
US - 29 CFR 4041.5 - (LI*+6Y)
US - 29 USC 1027 - (6Y)
US - 29 USC 1059 - (T+1Y)
US - 29 USC 1113 - (LA6Y)
US - 29 USC 1451 - (LA6Y)
* Life of Plan
002 Claims By or Against the City
Records detailing claims lodged by the City or against the City.
Accident/Incident Reports
Annual Audit of Open Claims
Appraisals
Claims By/Against the City
Closing Letters
Damage Estimate Reports
Supporting Documentation
Insurance Claims, Appraisals, Reports
Investigations
Administrative Services Final Resolution+5Y CA - 2 CCR 11013(c) - (AC+2Y) CA - CCP 337 - (LA4Y)
CA - CCP 338.1 - (LA5Y)
CA - GOV 911.2 - (LA1Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 12960 - (LA3Y)
CA - GOV 34090 - (2Y)
CA - VEH 2547 - (LA3Y)
003 Employee Benefit Files
Employee election (selection), enrollment or termination forms and related correspondence, including transmissions to carriers of additions, changes, claims and deletions (includes employee medical records subject to HIPAA requirements).
Benefits Files, Contract Copies, Enrollments, Appeals
Beneficiary Designations
Disability Claims
Educational Reimbursements
Employment Status, Changes (authorizations, enrollments, terminations, confirmations, status changes, coverage changes )
Premium Information
Required Benefits Reporting
Retirement Loans / Retirement
Supplemental Forms
Administrative Services While Active+6Y CA - 22 CCR 1085-2(c) - (4Y) CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 12946 - (4Y)
CA - GOV 34090 - (2Y)
US - 29 CFR 516.6 - (2Y)
US - 29 CFR 4007.10(a)(1) - (6Y)
US - 29 CFR 1602.31 - (AC+2Y)
US - 29 USC 1027 - (6Y)
US - 29 USC 1059 - (T+1Y)
US - 29 USC 1113 - (LA6Y)
US - 29 USC 1451 - (LA6Y)
004 Employee Hazardous Exposure Medical Records
Documents pertaining to medical records of hazardous exposure of City employees, including exposure to hazardous substances (includes employee records subject to HIPAA requirements).
Employee Hazardous Chemical Exposure
Exposure Monitoring
Field Exposure
Hazardous Exposure
Toxic Substance Exposure Records
Administrative Services Termination+30Y CA - 8 CCR 3204 - (T+30Y) CA - 8 CCR 14300.33 - (6Y)
CA - CCP 338.1 - (LA5Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 12946 - (AC+4Y)
CA - GOV 34090 - (2Y)
CA - 29 CFR 1904.33 - (6Y)
US - 29 CFR 1910.95 - (2Y)
US - 29 CFR 1910.1020 - (T+30Y)
ACRONYMS USED IN LEGAL CITATIONS
AC = While Active CU = Current Year CL = Closed D = Day FR = Final Resolution LA = Limitation on Action LI = Life (of program, asset) M = Month MA = Maturity MAINT = Maintain Records PR = Permanent S = Superseded T = Termination Y = Year Prepared by Kaizen InfoSource Page 1
City of Mendota - Retention Schedule
Record No. Record Name and Description Example Records Responsible Department(s) Retention Legal Citations and Comments
ACRONYMS USED IN LEGAL CITATIONS
AC = While Active CU = Current Year CL = Closed D = Day FR = Final Resolution LA = Limitation on Action LI = Life (of program, asset) M = Month MA = Maturity MAINT = Maintain Records PR = Permanent S = Superseded T = Termination Y = Year 005 Insurance Coverage
Records detailing the City's general coverage against property damage and liability, including renewal submission information, insurance quotes, & broker correspondence.
Binding Information
Binders
Broker Correspondence
Certificates of Insurance
Completed Applications
Flood Insurance
Insurance Policies
Insurance Quotes
Insurance Submissions
Liability Insurance
Administrative Services While Active+4Y CA - 22 CCR 3267-2 - (MAINT) CA - CCP 337 - (LA4Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090 - (2Y)
006 Labor Relations
Documentation related to the negotiations between labor unions for collective bargaining purposes.
Confidential Memos
Costing
Ground Rules
Handouts
Information Requests
Miscellaneous Information
Proposals - City
Proposals - Union
Administrative Services While Active+4Y CA - CCP 337 - (LA4Y) CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 12946 - (4Y)
CA - GOV 34090 - (2Y)
US - 29 CFR 516.5 - (3Y)
007 Labor Relations Grievances
Documentation related to labor grievances filed under current collective bargaining agreements.
Grievance Files
Grievances
Union Grievances
Administrative Services Final Resolution+4Y CA - CCP 337 - (LA4Y) CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 12946 - (AC+4Y)
CA - GOV 34090 - (2Y)
US - 29 CFR 1602.31 - (AC+2Y)
US - 29 USC 255 - (LA2Y)
008 Occupational Health and Worker Compensation Records Documents pertaining to worker health and safety, including workers compensation and drug screening records of City employees (includes employee records subject to HIPAA requirements).
Claim Forms
Drug Screening
Ergonomic Evaluations
Injury Hotline Records
Liability Claim Reports
Safety Committees
Worker Compensation
Workplace Safety and Violence Prevention Records
Administrative Services While Active+6Y CA - 8 CCR 3203(b) - (1Y) CA - 8 CCR 5157 - (1Y)
CA - 8 CCR 10102 - (Injury+5Y or Closed+1Y)
CA - 8 CCR 14300.33 - (6Y)
CA - CCP 338 - (LA3Y)
CA - CCP 338.1 - (LA5Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - LAB 5406 - (LA1Y; LA240W)
CA - LAB 5410 - (LA5Y)
CA - LAB 6401.7 - (MAINT)
CA - 29 CFR 1904.33 - (6Y)
US - 29 CFR 1910.95 - (2Y)
US - 49 CFR 382.401(b)(1) - (5Y)
009 Regulatory Reporting for Human Resources
Official non-financial Human Resources reports issued by the City to comply with regulatory requirements.
EEOC Reports
Labor Reports
Office of Self-Insurance Plans (OSIP) Reports
OSHA 300 Reports
Administrative Services 5Y CA - 2 CCR 11013(c)(1) - (2Y) CA - 8 CCR 14300.33(a) - (6Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
US - 29 CFR 405.9 - (5Y)
US - 29 CFR 1602.14 - (AC+1Y)
US - 29 CFR 1602.31 - (AC+2Y)
US - 29 CFR 1602.32 - (3Y)
US - 29 CFR 1904.33 - (5Y)
Prepared by Kaizen InfoSource Page 2
City of Mendota - Retention Schedule
Record No. Record Name and Description Example Records Responsible Department(s) Retention Legal Citations and Comments
ACRONYMS USED IN LEGAL CITATIONS
AC = While Active CU = Current Year CL = Closed D = Day FR = Final Resolution LA = Limitation on Action LI = Life (of program, asset) M = Month MA = Maturity MAINT = Maintain Records PR = Permanent S = Superseded T = Termination Y = Year 010 Salary, Compensation
Documentation of job classification compensation.
Classification Studies
Compensation Plans, Planning, Analysis
Cost of Living Adjustments
Job Descriptions
Job Evaluation Documentation
Salary Range History
Salary Surveys
Administrative Services 3Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y) CA - GOV 34090 - (2Y)
CA - LAB 2810.8 - (3Y)
US - 29 CFR 516.6 - (2Y)
US - 29 CFR 1602.14 - (AC+1Y)
US - 29 CFR 1602.31 - (2Y)
011 Fixed Assets
Records and information related to the ownership, transfer, acquisition, disposition, capital leased, or capital improvement of fixed assets owned by or used by the City.
Acquisitions
Amortization
Asset Retirement Records
Dispositions
DMV Paperwork
Capital Asset Records
Capital Improvements
Depreciation Schedules
Equipment Rental/Usage Reports
Fixed Asset Reports
Fixed Asset Ledger
Fixed/Capital Asset Accounting
Possessory Interest
Sales
Valuation Information
Administrative Services
City Clerk
Finance
Life*+10Y CA - CCP 337.15 - (LA10Y)
CA - GOV 34090 - (2Y)
US - 26 USC 6531 - (LA6Y)
* Life of Asset
012 Code Compliance and Enforcement
Records and information documenting compliance with City codes, including such issues as:
- Vehicle related, e.g., abandoned, parking
- Yard/garage sales
- Graffiti
- Illegal dumping and discharge
- Vacant/abandoned buildings
- Property maintenance
- Construction without permits
- Prohibited signage
- Dangerous animals
- Home occupations and business license inspections
- Environmental compliance and enforcement
- Noncompliance at construction sites
- Illicit discharges
Appeals and Hearings (including all letters and notices to Appellant) Case Disposition
Code Enforcement Case Files
Code Enforcement Inspection Report
Certificates of Nuisance and Abatement
Citations
Compliance with Conditions of Approval
Inspection Log
Inspections / Enforcement (business, residential)
Investigations
Notices of Noncompliance
Notices of Violation
Photographs
Signed Service of Notice of Violation
Stop Work Orders
Administrative Services
City Clerk
Public Safety
While Active+2Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - PEN 802 - (LA1Y)
CA - Law Enforcement Evidence and Property
Management Guide
Mendota Municipal Code 2.54.060 - (MAINT)
NOTE: Records for repeat offenders may be
retained longer to document a history of violations
Prepared by Kaizen InfoSource Page 3
City of Mendota - Retention Schedule
Record No. Record Name and Description Example Records Responsible Department(s) Retention Legal Citations and Comments
ACRONYMS USED IN LEGAL CITATIONS
AC = While Active CU = Current Year CL = Closed D = Day FR = Final Resolution LA = Limitation on Action LI = Life (of program, asset) M = Month MA = Maturity MAINT = Maintain Records PR = Permanent S = Superseded T = Termination Y = Year 013 Personnel Files
All documents related to paid employees (full and part-time), unpaid volunteers, and interns including but not limited to:
- selection/hiring
- assignments
- promotion
- demotion
- transfer
- layoff / recall / out-placement
- termination / discharge / resignation
- pay rates / other terms of compensation
- work authorizations
Acceptance of Responsibility for City Equipment
Applications, Applicant Reference Verifications, and Medical Screening Results (candidates hired )
Authorizations of Direct Deposit
Awards, Rewards, Commendations, Certificates
Background Checks, Investigations, LiveScan Forms (candidates hired ) Change of Status Forms
Complaints and Disciplinary Actions
DE-9
Drivers License Data
Employee Training and/or Job-Related Certifications
Employee Policy Acknowledgements
I-9 Documents
Immigration Supporting Documentation
Investigations
Job Offer Letters, Conditional Offers of Employment
Leave of Absence Documentation, FMLA
Oaths of Office
Performance Evaluations, Reviews or PIPs
Recognition
Volunteer Acknowledgements, Waivers, Executed Policy Receipts W-4
Administrative Services
Public Safety
Termination+4Y CA - 2 CCR 11013(c) - (AC+2Y)
CA - 8 CCR 11040(7)(C) - (3Y)
CA - GOV 12946 - (T+4Y)
CA - GOV 12960 - (LA3Y)
CA - GOV 12965 - (LA2Y)
CA - GOV 34090 - (2Y)
CA - LAB 432.3(c)(4) - (T+3Y)
CA - LAB 1198.5(c)(1) - (T+3Y)
CA - LAB 2810.8 - (3Y)
CA - VEH 1808.1(c) - (1Y)
US - 8 CFR 274a.2(b)(2) - (3Y or T+1Y, whichever
is longer)
US - 20 CFR 655.760 - (3Y or T+1Y, whichever is
longer)
US - 29 CFR 825.500(b) - (3Y)
US - 29 CFR 1602.14 - (AC+1Y)
US - 29 CFR 1602.30 - (3Y)
US - 29 CFR 1602.31 - (AC+2Y)
US - 29 CFR 1627.3(b) - (T+1Y)
US - 41 CFR 60-1.12(a) - (T+2Y)
US - 41 CFR 60-741.80(a) - (T+2Y)
014 Staffing and Recruitment
Records and information related to recruitment of qualified persons for both paid and unpaid position with the City, whether full time or temporary, including:
- Applications and related records of candidates interviewed but not hired or accepted - Applications received but not acted upon
Applications, CVs, Resumes (rejected, unsolicited )
Applicant Tracking Records (hired, rejected )
Background Checks, Investigations - candidates not hired/accepted (NOTE: background checks for candidates hired become part of personnel file )
Drug Testing, Pre-Hire Screening - candidates not hired/accepted Examination Results and Rankings
Interview Notes
Job Descriptions
Job Postings, Announcements
Test and Examination Materials
Unpaid Interns (rejected )
Volunteers (rejected )
Administrative Services
Public Safety
4Y CA - 2 CCR 11013(c)(2) - (2Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 12946 - (4Y)
CA - GOV 34090 - (2Y)
US - 29 CFR 1602.14 - (AC+1Y)
US - 29 CFR 1602.31- (2Y)
US - 29 CFR 1607.4 - (MAINT)
US - 29 CFR 1627.3(b)(1) - (1Y)
US - 41 CFR 60-741.44(f)(4) - (3Y)
US - 41 CFR 60-741.44(k) - (3Y)
US - 41 CFR 60-741.80(b) - (3Y)
Prepared by Kaizen InfoSource Page 4
City of Mendota - Retention Schedule
Record No. Record Name and Description Example Records Responsible Department(s) Retention Legal Citations and Comments
ACRONYMS USED IN LEGAL CITATIONS
AC = While Active CU = Current Year CL = Closed D = Day FR = Final Resolution LA = Limitation on Action LI = Life (of program, asset) M = Month MA = Maturity MAINT = Maintain Records PR = Permanent S = Superseded T = Termination Y = Year 015 Asset Management, Maintenance
Records related to the installation, management, inspection, and maintenance of City assets, including:
- Equipment
- Parks
- Programmable Logic Control Centers
- Real property
- Sewers
- Sidewalks
- Security Cameras
- Signs and signage
- Streets (alleys, highways, medians0
- Street lights
- Traffic signals
Accident / Incident Reports
Air Quality Permits
Equipment Certifications
Equipment/Project Specific Permits (e.g., air compressor permits, weed abatement permits )
Inspection Reports
Maintenance and Repair Work Orders
Maintenance Reports (buildings, equipment, streets, sidewalks ) Pesticide Records (treatments, applications )
All Departments Life*+4Y CA - AQMD Rule 1470 - (3Y)
CA - CCP 337 - (LA4Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 4216.2(f) - (3Y)
CA - GOV 34090 - (2Y)
* Life of Asset
016 Department Administration
General internal administrative records of City departments, including emails that do not pertain to another category.
City Generated Routine Studies / Reports
Department Administrative Documents (staff committees, goals, objectives, staff meeting agendas, staff meeting minutes, meeting tapes/recording, plans not related to a legislative body ) Employee Communication Letters (announcements, new programs, notices )
In-House Committees / Employee Committees
Logs (e.g., booking number, case number, subpoenas received ) Organization Charts
Supplies Management
All Departments 2Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
017 Financial, Strategic Planning
Records and information relating to financial planning.
Business Plans
Financial Plans
Forecasts
All Departments 2Y CA - GOV 34090 - (2Y)
018 Fleet Management
Records related to the acquisition, management, maintenance, and disposal of City vehicles, including automobiles, tractors, trucks, and forklifts.
Accident / Incident Reports
Acquisitions and Purchases
Complaints, Service Requests
Maintenance and Repair Work Orders
Maintenance Reports
Surplus Sales
Vehicles / Fleet Licenses and Titles
All Departments Life*+4Y CA - CCP 337 - (LA4Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - HSC 25250.18(b) - (3Y)
* Life of Asset
Prepared by Kaizen InfoSource Page 5
City of Mendota - Retention Schedule
Record No. Record Name and Description Example Records Responsible Department(s) Retention Legal Citations and Comments
ACRONYMS USED IN LEGAL CITATIONS
AC = While Active CU = Current Year CL = Closed D = Day FR = Final Resolution LA = Limitation on Action LI = Life (of program, asset) M = Month MA = Maturity MAINT = Maintain Records PR = Permanent S = Superseded T = Termination Y = Year 019 Grants and External Funding Sources
Documents the application, evaluation, awarding, administration, monitoring, reporting, and status of grants and other funding sources in which the City is the recipient, grantor, allocator, or administrator. Includes:
- Community Development Block Grant (CDBG)
- Combined Federal, State, Local Grants
- Discretionary Grant Program – for community services and cultural activities - Federal Grants
- Grants awarded by the Mendota Community Corporations (MCC) - Local Grants
- State Grants
- Transportation Agency Funding
Applications (including project proposals )
Audits
Award Notification
Funding Requests (State Funded )
Grant Administration
Grant Funding
Grant Evaluations
Program Rules, Regulations, Procedures
Reports to Funding Agencies
All Departments While Active+7Y CA - GOV 8546.7 - (CL+3Y) CA - GOV 34090 - (2Y)
CA - Office of Emergency Services 2024
Subrecipient Handbook §12.015 - (AC+7Y)
US - 2 CFR 200.334 - (CL+3Y)
US - 24 CFR 570.502(a)(7)(i)(A) - (AC+4Y)
US - 29 CFR 97.42 - (3Y)
Unsuccessful applications are retained for 2 years.
NOTE: If a grant requires longer retention, its
specific requirements will take precedence.
020 Incident Reports
Records and information associated with department responses to emergency incidents.
NOTE: This category does not pertain to incident reports that become part of a Police case file.
Accident Reports
Emergency Services
False Alarm Reports
Hazardous Waste Spills
Incident Reports
Investigation Reports
Mandated Reporting: Child Abuse, Elder Abuse
Suspicious Activity Reports (SARs)
All Departments 5Y CA - California Fire Code 104.6 - (5Y) CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
021 Internal Legal Advice and Opinions
Memoranda containing legal advice prepared by the City Attorney for City departments.
Memos
Opinions
All Departments Until Superseded CA - GOV 945.6(a)(2) - (LA6M; LA2Y) CA - GOV 34090 - (2Y)
022 Policies and Procedures
All administrative documentation of City policies and procedures.
Administrative Policies
City Codes and Specifications
Directives
General Orders
Guidelines
Handbooks
Policies
Procedure Manuals
Procedures
Program / Initiative Plans
Standard Operating Procedures (SOPs)
Standards
All Departments Superseded+4Y CA - CCP 337 - (LA4Y)
CA - GOV 34090 - (2Y)
Mendota Municipal Code 12.08.030 - (MAINT)
US - 48 CFR 4.703 - (AC3Y)
Prepared by Kaizen InfoSource Page 6
City of Mendota - Retention Schedule
Record No. Record Name and Description Example Records Responsible Department(s) Retention Legal Citations and Comments
ACRONYMS USED IN LEGAL CITATIONS
AC = While Active CU = Current Year CL = Closed D = Day FR = Final Resolution LA = Limitation on Action LI = Life (of program, asset) M = Month MA = Maturity MAINT = Maintain Records PR = Permanent S = Superseded T = Termination Y = Year 023 Procurement - RFP, RFQ, RFI, Bids Not Awarded
Records and information received in response to the City's requisitioning of goods services, or real property, but where the purchase order, contract, or agreement was not awarded.
Bids (unaccepted, rejected )
Exhibits
Price Lists
Quotations
Requisitions
Scorecards
Specifications
Unsuccessful Invitation for Bids (IFB)
Unsuccessful Requests for Information (RFI)
Unsuccessful Requests for Proposal (RFP )
Unsuccessful Requests for Quote (RFQ )
All Departments 2Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
024 Service Requests
Documentation regarding general requests for City services, as well as any issues associated with those requests.
Actions Taken
Complaints
Home Mail Delivery Requests
Issues Log
Related Correspondence
Service Requests
Trouble Reports
All Departments 2Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
025 Training
All documents related to general and specialized technical education and training taken by officials, paid employees, contractors, and unpaid volunteers, including:
- Ethics
- Fire Extinguisher
- First Aid/CPR
- Harassment/Prevention Policy
- Privacy
- Safety
- Specialized Equipment
- Workplace Violence Prevention
Attendance
Briefing/Unit Training
Certification Records
Compliance Training
Individual Education, Development
Tailgates
All Departments 5Y CA - 8 CCR 3203(b) - (1Y)
CA - GOV 12950.1 - (2Y)
CA - GOV 34090 - (2Y)
CA - GOV 53235.2b - (5Y)
CA - GOV 53237.2b - (5Y)
US - 29 CFR 1602.14 - (AC+1Y)
US - 29 CFR 1602.31 - (2Y)
026 Training Materials, Courses, Scheduling
Documentation regarding the content of courses and schedules for training offered to employees, officials, contractors, and volunteers whether for mandatory compliance with regulations, employee development, or specialty certifications.
Attendance Lists
Employee Development
Presentation Materials
PowerPoint Slide Decks*
Rosters
Sign-in Sheets
Testing/Qualifications
Training Bulletins
All Departments 5Y CA - 8 CCR 3203(b) - (1Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - GOV 53235.2(b) - (5Y)
CA - GOV 53237.2(b) - (5Y)
* PowerPoint slide decks are the originals, only.
Copies distributed to training attendees are for their
convenience, only, and are not considered official
City records.
Prepared by Kaizen InfoSource Page 7
City of Mendota - Retention Schedule
Record No. Record Name and Description Example Records Responsible Department(s) Retention Legal Citations and Comments
ACRONYMS USED IN LEGAL CITATIONS
AC = While Active CU = Current Year CL = Closed D = Day FR = Final Resolution LA = Limitation on Action LI = Life (of program, asset) M = Month MA = Maturity MAINT = Maintain Records PR = Permanent S = Superseded T = Termination Y = Year 027 Building Plans, Building Permits, Appeals and Decisions Records and information documenting the building services provided by the City regulating commercial and residential property and developments.
Appeals
Applications
Building Board of Appeals
Building Inspections
Building Permits (issued, active, expired, history, submissions ) Building Plans/Drawings - Commercial & Residential
Certificates of Occupancy
Construction Inspections
Plan Checks
Plan Sets
Stop Work Notices
Building & Planning Permanent CA - CBC 107.5 - (180D)
CA - CRC 106.5 - (180D)
CA - CCP 337.1 - (LA4Y)
CA - CCP 337.15 - (LA10Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - HSC 19850 - (Life of Building)
028 Encroachments
Records documenting encroachments upon City property, other than those for short-term activities such as events.
Encroachment Permits, Certificates Building & Planning While Active+10Y CA - CCP 337.1 - (LA4Y) CA - CCP 337.15 - (LA10Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
029 Planning and Zoning Project Files
Records and information pertaining to oversight and management of building, planning and zoning projects.
Administrative Meeting Minutes, Decisions
Appeals
Applications
CEQA Documents
Design Review
Entitlements (administrative, planning )
General Plan
Home Occupancy Permits
Land Use Permits, Studies
Master Plans and Specific Plans
Parking Requirements
Planned Development
Planning Review Case Files (notices, neighbor letters, plans, blueprints ) Public Hearings
Supporting Documentation
Use Permits
Zoning, Rezoning and Map Amendments
Building & Planning Permanent CA - 14 CCR 15095 - (Reasonable) CA - CCP 337.1 - (LA4Y)
CA - CCP 337.15 - (LA10Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 12981 - (FR+1Y)
CA - GOV 34090 - (2Y)
CA - HSC 19850 - (LI*)
* Life of Building, Asset or Facility
030 Real Estate Transactions
Records and information related to the ownership, acquisition, disposition, transfer of, lease of, or improvement of real property, infrastructure and facilities including grant deeds, owned by or used by the City.
Acquisitions
Attachments
Buildings
Capital Improvements
Deeds of Trust
Development Agreements
Dispositions
Housing Authority Owned Properties
Land
Mortgages
Possessory Interest
Property Transaction (DDA, DA, etc. )
Right of Way
Sales
Subdivision Improvement Agreements (SIAs )
Valuation Information
Building & Planning
City Clerk
Finance
Public Works
Permanent CA - CCP 315 - (LA10Y)
CA - CCP 337 - (LA4Y)
CA - CCP 337.1 - (LA4Y)
CA - CCP 337.15 - (LA10Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090(a) - (PR)
US - 2 CFR 200.334 - (CL+3Y)
US - 24 CFR 570.502(a)(7)(i)(A) - (AC+4Y)
US - 48 CFR 4.705-1 - (4Y)
Prepared by Kaizen InfoSource Page 8
City of Mendota - Retention Schedule
Record No. Record Name and Description Example Records Responsible Department(s) Retention Legal Citations and Comments
ACRONYMS USED IN LEGAL CITATIONS
AC = While Active CU = Current Year CL = Closed D = Day FR = Final Resolution LA = Limitation on Action LI = Life (of program, asset) M = Month MA = Maturity MAINT = Maintain Records PR = Permanent S = Superseded T = Termination Y = Year 031 Property, Infrastructure Maps, Plans and Drawings
Final maps, plans and drawings pertaining to City properties and infrastructure.
Note: Maps, plans and drawings related to project files are stored and retained as part of the project file.
Aerial Photos
Assessor Parcel Maps
Annexations
Building Site Determination
Drainage
Functional Classification Maps
Geographic Information System (GIS )
Improvement Plans, Drawings
Lot Line Adjustments
Lot Numbers
Master Maps (CIP, historic, drainage )
Major Subdivisions (SD )
Minor Subdivisions (MS )
Mylars
Parcel Mergers
Parcels, Plats
Rights of Way
Signal Plans
Signing and Striping Plans
Sphere of Influence
Street Address Files
Subdivisions
Tracts
Traffic Signal Plans, Interconnect Plans
Building & Planning
Public Works
Permanent CA - CCP 337.15 - (LA10Y)
CA - GOV 34090 - (2Y)
CA - HSC 19850 - (LI)*
US - 44 CFR 60.3 - (MAINT)
* Life of Building, Asset or Facility
032 Litigation
Records generated for or related to any case or action before a judicial, arbitral, or administrative officer or body.
Claims
Complaints
Court Orders
Discovery
Exhibits
Judgments
Pleadings
Related Correspondence
Releases
Settlement Agreements
Subpoenas (for records, civil subpoenas, criminal subpoenas ) City Attorney Final Resolution+10Y CA - 2 CCR 11013(c) - (AC+2Y) CA - 22 CCR 1085-2(c) - (4Y)
CA - CCP 315 - (LA10Y)
CA - CCP 337 - (LA4Y)
CA - CCP 337.15 - (LA10Y)
CA - CCP 338.1 - (LA5Y)
CA - GOV 911.2 - (LA6M; LA1Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - LAB 5410 - (LA5Y)
CA - RTC 19704 - (LA6Y)
CA - UIC 1132 - (LA3Y)
US - 26 CFR 301.6532-1 - (LA2Y)
US - 26 CFR 301.6532-2 - (LA5Y)
US - 26 USC 6531 - (LA6Y)
US - 26 USC 6532 - (LA2Y)
US - 29 USC 255 - (LA2Y)
US - 29 USC 626(d) - (LA300D)
US - 42 USC 2000e-5(e) - (LA180D)
US - 42 USC 2000e-5(f) - (LA180D)
Exception: Litigation related to real property
disputes (e.g., eminent domain, land use,
annexations, liens, assessments, etc.) are retained
permanently.
Prepared by Kaizen InfoSource Page 9
City of Mendota - Retention Schedule
Record No. Record Name and Description Example Records Responsible Department(s) Retention Legal Citations and Comments
ACRONYMS USED IN LEGAL CITATIONS
AC = While Active CU = Current Year CL = Closed D = Day FR = Final Resolution LA = Limitation on Action LI = Life (of program, asset) M = Month MA = Maturity MAINT = Maintain Records PR = Permanent S = Superseded T = Termination Y = Year 033 Agreements, Contracts and Leases - Construction, Improvements to Real Property and Facilities
Executed agreements and contracts for construction and/or improvements to the City's real property and facilities .
(NOTE: For agreements and contracts for goods and services, see Agreements, Contracts and Leases - Goods and Services, #003)
Addendums and Amendments
Attachments / Exhibits
Bids, Awards
Bonds
Certificates of Insurance and Endorsements
Change Orders
Disclosures
Exhibits
Letters of Intent
Memoranda of Agreement (MOAs )
Professional Services Agreements
Proposals, Quotations
Proof of Insurance Certificates
Statements of Work (SOWs )
Successful Requests for Proposal (RFP)
Warranties
City Clerk Permanent CA - CCP 315 - (LA10Y)
CA - CCP 337.1 - (LA4Y)
CA - CCP 337.15 - (LA10Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090(a) - (PR)
US - 29 CFR 516.5 - (3Y)
034 Agreements, Contracts and Leases - Goods and Services Executed agreements and contracts for goods and services (which includes all types of contracts, such as an agreement, franchise, lease, MOA, MOU and associated ancillary documents, between the City and other parties.
(NOTE: For agreements and contracts for construction and/or improvements to real property and facilities, see #016.)
Addendums and Amendments
Attachments / Exhibits
Bids, Awards
Bonds
Certificates of Insurance and Endorsements
Change Orders
Concessions
Disclosures
Exhibits
Franchises
Letters of Intent
Notices of Intent
Proposals, Quotations
Proof of Insurance Certificates
Receiving Reports
Specifications
Statements of Work (SOWs )
Successful Requests for Proposal (RFP)
Warranties
City Clerk While Active+4Y CA - CCP 337 - (LA4Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090 - (2Y)
US - 2 CFR 200.334 - (CL+3Y)
US - 29 CFR 97.42 - (3Y)
US - 29 CFR 516.5 - (3Y)
US - 48 CFR 4.705-1 - (4Y)
035 Appointments to Boards, Commissions and Committees
Staff records related to appointments made by authorized elected officials to councils, committees, boards, and commissions.
Applications
Interview Notes
Letters of Appointment
Letters of Recommendation
Oaths of Office
Recruitment Documents
Resumes
Submitted Documents
City Clerk Term of Office*+2Y CA - GOV 34090 - (2Y)
CA - GOV 54972 - (MAINT)
* Where a candidate is not appointed, the records
are retained for 2 years.
036 Election Records - Nomination Documents
Records and information related to the filing of nomination papers and petitions in lieu of filing fee.
Candidate Statements (for sample ballot )
Nomination Papers
Petitions in Lieu of Filing Fee
Signatures in Lieu of Filing Fee Petitions
Supplemental Nomination Papers
City Clerk Term of Office*+4Y CA - ELEC 17100(a) - (T+4Y) CA - GOV 34090 - (2Y)
* Where a candidate is nominated but not elected,
the records are retained for 4 years.
Prepared by Kaizen InfoSource Page 10
City of Mendota - Retention Schedule
Record No. Record Name and Description Example Records Responsible Department(s) Retention Legal Citations and Comments
ACRONYMS USED IN LEGAL CITATIONS
AC = While Active CU = Current Year CL = Closed D = Day FR = Final Resolution LA = Limitation on Action LI = Life (of program, asset) M = Month MA = Maturity MAINT = Maintain Records PR = Permanent S = Superseded T = Termination Y = Year 037 FPPC Forms - Mandated Reporting
Forms mandated by state law related to statements of economic interest, receipt and redistribution of gifts and honoraria, ceremonial roles, holding of multiple positions, and for candidates for office, for certain employees, for elected or appointed officials, or for consultants.
Form 470
Form 501
Form 700
Form 801
Form 802
Form 806
City Clerk 7Y CA - GOV 34090 - (2Y)
CA - GOV 81009(c), (e) - (7Y)
CA - GOV 84616(b) - (4Y)
038 Historical Documents, Events, Memorabilia, Collections, Artifacts Records and information documenting the history and significant milestones of the City as determined by the City Administrator, City Clerk, or City Manager.
Biographies of City Officials
Census Information
City Seal
City Generated Historical Studies / Reports
City Incorporation
City Publications (historic, significant )
Demographics
Elections (historic, significant )
Executive, City Official Communications, Speeches, Videos (historic, significant )
Local History Collection
Memorial Programs
News, Press Releases (historic, significant )
Newspaper Clippings
Picture Collections
Publicity Photographs
Registered Logos
City Clerk Permanent CA - GOV 34090 - (2Y)
Note: Only those records determined to have
significant and ongoing long-term usefulness and
value to the City will be designated as historical or
archival.
039 Legislative Affairs
Records of all action taken by City legislative and advisory bodies during public and closed session meeting, including:
- City Council
- Planning Commission
- Recreation Commission
- Public Safety Sub-Committee
- Mendota Community Corporations (MCC)
- Mendota Joint Powers Financial Authority
Agendas
Agenda Packets (includes staff reports )
Agenda Summary Reports
Appeals
Bylaws
Cancellation Notices
City-wide Plans/Programs Adopted
Formation Documents
Legislative Packets
Meeting Minutes
Minute Books & Index
Minute Orders
Municipal Code
Opinions on Pending Legislation
Ordinances
Petitions to Council
Request to Speak Forms
Resolutions
Summary of Actions, Statement of Actions (SOAs )
Supplemental Communications
Transcriptions of audio and video recordings of meetings City Clerk Permanent CA - GOV 34090(e) - (PR)
CA - GOV 54972 - (MAINT)
Prepared by Kaizen InfoSource Page 11
City of Mendota - Retention Schedule
Record No. Record Name and Description Example Records Responsible Department(s) Retention Legal Citations and Comments
ACRONYMS USED IN LEGAL CITATIONS
AC = While Active CU = Current Year CL = Closed D = Day FR = Final Resolution LA = Limitation on Action LI = Life (of program, asset) M = Month MA = Maturity MAINT = Maintain Records PR = Permanent S = Superseded T = Termination Y = Year 040 Meetings - Audio/Video Records
Audio and Video Recordings of City Council, Commissions, City Committees, and their governing boards, including:
- City Council
- Planning Commission
- Recreation Commission
- Public Safety Sub-Committee
- Mendota Community Corporations (MCC)
- Mendota Joint Powers Financial Authority
Audio and Video Recordings City Clerk 2Y CA - GOV 54953.5(b) - (30D) 041 Outreach, Media and Public Relations
Records and information regarding internal and external-facing communications, advertising and press relations materials, including documentation of outreach activities/events held in cooperation or for the benefit of City staff and for the local community, including:
- Earth Day
- Recreation programs
- Fireworks show
- 2k run
- Fundraisers (for MCC, etc.)
- Food voucher giveaway
- Holiday events
Advertising
Artwork
Brochures, Flyers
Events (sign-in sheets )
FAQs
Flyers
Mailers
Media Packets
Newsletters
Press Releases
Public / Media Inquiries
Public Information / Outreach / Education
Publications Produced by the City (newsletter )
Publicity Files
Road Closure Notifications
Social Media Documentation
Speeches
Videos
Waivers of Liability
City Clerk 4Y CA - CCP 337 - (LA4Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090 - (2Y)
042 Parks and Facilities Use Administration
Records and information documenting use arrangements for the City's parks and recreational facilities.
Approval/Rejection Letters
Approved and Unapproved Permits
Certificates of Liability Insurance and Endorsements
Facility Use Licenses
Facility Use Permit Applications
Facility Use Reports
Facility User Information (lists, contact information)
Required User Documentation
Reservation Books
City Clerk While Active+4Y CA - CCP 337 - (LA4Y)
CA - CCP 338 - (LA3Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
043 Public Information Requests
Records requested by the public, required for provision to the public.
Formal Public Records Requests (response letters, responsive information )
Subpoenas for Records (other than for City legal actions) City Clerk 3Y CA - CCP 338 - (LA3Y)
CA - GOV 34090 - (2Y)
044 Public Notices
Records documenting compliance with laws requiring public notice of government activities. Subjects include assessments, elections, land use changes, public meetings and hearings, sale of property, and others.
Affidavits of Mailing
Affidavits of Posting
Affidavits of Publication/Legal Notices
Public Hearing Notices
Public Meeting Notices
City Clerk 2Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
Prepared by Kaizen InfoSource Page 12
City of Mendota - Retention Schedule
Record No. Record Name and Description Example Records Responsible Department(s) Retention Legal Citations and Comments
ACRONYMS USED IN LEGAL CITATIONS
AC = While Active CU = Current Year CL = Closed D = Day FR = Final Resolution LA = Limitation on Action LI = Life (of program, asset) M = Month MA = Maturity MAINT = Maintain Records PR = Permanent S = Superseded T = Termination Y = Year 045 Recorded Documents - Liens
Records of liens recorded on behalf of the City.
Liens City Clerk While Active+2Y CA - GOV 34090 - (2Y)
046 Recorded Documents - Vital
Records and information pertaining to those original key documents recorded on behalf of the City.
Abandonments
Address Records
Annexations
Certificate of Correction
Conveyances from the City (deeds, easements, abandonments/vacations ) Conveyances to the City (deeds, easements, dedications ) Deeds
Detachments
Easements
Grant Deeds
Irrevocable Offers to Dedicate
Permanent Encroachment Permits & Associated Insurance
Rights-of-Way
Vacations
City Clerk Permanent CA - GOV 34090(a) - (PR)
047 Records, Information Management
Documentation of the compliance with Records and Information Management policy and procedures.
Certificates of Destruction
Document Hold Notices, Updates
Inactive Records Storage Information (inventories, transmittals ) Lists of Stored / Destroyed Records
Records Transfers (to storage, to other depts. )
City Clerk 10Y CA - CCP 315 - (LA10Y)
CA - CCP 337 - (LA4Y)
CA - CCP 337.15 - (LA10Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090 - (2Y)
048 Funding/Assessment/Improvement Districts
Records and information documenting the formation and operations of funding, assessment, and improvement districts, including:
- Lighting and maintenance district
- Community facilities district
Collection of Funds for Districts
District Formation Documents
City Clerk
Finance
Permanent CA - CCP 337.1 - (LA4Y)
CA - CCP 337.15 - (LA10Y)
CA - GOV 34090 - (2Y)
CA - GOV 60201 - (PR)
049 General Permits Issued by the City
Documentation of permits issued by the City, other than building permits and encroachments on City property, including:
- Conditional use
- Entertainment/event encroachment
- Facility use
- Fences
- Garage sale/yard sale
- Noise
- Solar central inverters
- Solar microinverters
Applications
Permits
City Clerk
Finance
While Active+4Y CA - CCP 337 - (LA4Y)
CA - GOV 34090 - (2Y)
Prepared by Kaizen InfoSource Page 13
City of Mendota - Retention Schedule
Record No. Record Name and Description Example Records Responsible Department(s) Retention Legal Citations and Comments
ACRONYMS USED IN LEGAL CITATIONS
AC = While Active CU = Current Year CL = Closed D = Day FR = Final Resolution LA = Limitation on Action LI = Life (of program, asset) M = Month MA = Maturity MAINT = Maintain Records PR = Permanent S = Superseded T = Termination Y = Year 050 Economic Development Programs and Services
Records and information documenting the City's economic development programs including marketing, events and customer relationships management.
Business Recruitment Programs
Economic Development Programs
Economic Development Strategy
Incentive Programs (grants, funding )
Marketing Materials
City Manager While Active+4Y CA - CCP 337 - (LA4)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090 - (2Y)
US - 2 CFR 200.334 - (CL+3Y)
051 Business Continuity and Emergency Management
All documentation for dealing with preparation for and responses to emergencies, disasters and/or system failures for City facilities and computing systems.
Business Continuity Plans
Disaster Recovery Plan
Drill Records
Emergency Contact Lists, Employee Lists, Roster of Workers Emergency Evacuation Procedures
Emergency Preparedness
Emergency Response
Evacuation Plans
City Manager
Public Safety
Public Utilities
Public Works
Superseded+2Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
052 Accounts Payable and Receivable
Records and information related to the accounting of monies paid or received by the City, as well as the Mendota Community Corporation (MCC), including payment for financial obligations.
Aging Reports
Bequests
Cash Management Records (cash disbursement, cash register receipts, cash receipts )
County Tax Payments
Credit Memos
Donations
Expense Reports, Reimbursements for Employees and Officials Fees and Taxes
FEMA Reimbursements
Form 1099 Records and Form W-9 Records
Invoices and Vouchers
Payables
Public Safety Tax
Purchasing Card Expense Reconciliation/Allocations
Receivables
Reconciliations
Refunds
Sales and Use Taxes Paid
Tax Revenue (e.g., gas taxes, property taxes, utility user taxes ) Finance 6Y CA - CCP 337 - (LA4Y)
CA - CCP 338 - (LA3Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090 - (2Y)
US - 2 CFR 200.334 - (CL+3Y)
US - 26 CFR 31.6001-1(e)(2) - (5Y)
US - 26 USC 6531 - (LA6Y)
US - 29 CFR 97.42 - (3Y)
US - 48 CFR 4.705-1 - (4Y; 2Y)
053 Audits - Internal, External and Administration
Records and information related to both internal and external audits of City activities and administration of auditing activities, including reviewing and documenting operational, compliance, or financial information created as a part of an audit.
Annual Audit Reports
Audit Files, Plans
Audit Schedules
Audit Workpapers
Auditors Reports
CalTrans Airport Inspections
General Purpose Financial Audits, Single Audits
Management Responses
Responses
Results
Finance 6Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090 - (2Y)
US - 26 CFR 31.6001-1(e)(2) - (5Y)
US - 26 USC 6531 - (LA6Y)
Prepared by Kaizen InfoSource Page 14
City of Mendota - Retention Schedule
Record No. Record Name and Description Example Records Responsible Department(s) Retention Legal Citations and Comments
ACRONYMS USED IN LEGAL CITATIONS
AC = While Active CU = Current Year CL = Closed D = Day FR = Final Resolution LA = Limitation on Action LI = Life (of program, asset) M = Month MA = Maturity MAINT = Maintain Records PR = Permanent S = Superseded T = Termination Y = Year 054 Bank Account Information
Records and information related to banking authorities, activities, transactions and correspondence. This category includes reconciliations.
Bank Account Administration
Bank Statements (all agencies )
Checks, Canceled
Check Copies
Check Registers, Journals
Corrections / Returns / Adjustments
Deposit Slips/Receipts
Electronic Banking Transactions
Purchasing Card Statements
Reconciliations
Signature Cards
Transfers/Wires
Treasurer Receipts
Trustee Account Statements (CFD, RDA )
Finance 4Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
US - 48 CFR 4.705-1(d) - (4Y)
055 Customer Account Information - Utilities
Records and information for customers of City utilities services.
Account Setup
Customer History
Uncollected Amounts
Finance While Active + 5Y CA - CCP 337 - (LA4Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
056 Debt, Investments
Records and information relating to City financing and debt activities, including those of the Mendota Community Corporation (MCC).
Annual Reports
Arbitrage Reports
Bond Insurance Transcripts
Bonds (CFD, continuing disclosures, bond rating reports, official statements )
Certificates of Deposit (CDs )
Fiduciary Debt and Investments
Financial Investment Planning
Investment Statements, Reporting and Portfolio Management Loans (debt state loans)
Local Agency Investment Fund (LAIF )
Payment History/Schedules
Promissory Notes
Quarterly Investment Report
Recognized Obligation Payment Schedules (ROPS )
Reporting (continuing disclosure, Mello-Roos, state reports ) Security Instruments
Third Party Trustee Account Statements
Finance Maturity*+10Y CA - CCP 336a - (LA6Y)
CA - CCP 337 - (LA4Y)
CA - CCP 337.5 - (LA10Y)
CA - CCP 338 - (LA3Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090 - (2Y)
US - 26 CFR 301.6501(a)-1 - (CU+3)
*Maturity includes cancellation and redemption
057 Financial Reporting - Annual, Periodic
Annual and periodic financial reports, whether required by regulations or generated to track financial transactions and achievements by the City and the Mendota Community Corporation (MCC).
Budget Tracking Reports
Revenue/Expenditures Reports
Treasurer's Report
Workers Compensation Reports
Finance 6Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
US - 26 USC 6531 - (LA6Y)
Prepared by Kaizen InfoSource Page 15
City of Mendota - Retention Schedule
Record No. Record Name and Description Example Records Responsible Department(s) Retention Legal Citations and Comments
ACRONYMS USED IN LEGAL CITATIONS
AC = While Active CU = Current Year CL = Closed D = Day FR = Final Resolution LA = Limitation on Action LI = Life (of program, asset) M = Month MA = Maturity MAINT = Maintain Records PR = Permanent S = Superseded T = Termination Y = Year 058 Financial Reporting - Official
Official financial reports of the City and the Mendota Community Corporation (MCC).
American Rescue Plan Reporting
Annual Budget
Annual Financial Statement
Annual Report of Financial Transactions To State
Annual State Controller Filings
Audited Financial Statements
CARES Act Reporting
Comprehensive Annual Financial Repot (final )
Local Government Compensation Report
PERS Reports
State Controller's Report
Finance Permanent CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
US - 26 CFR 31.6001-1(e)(2) - (5Y)
US - 26 USC 6531 - (LA6Y)
059 General Ledger, Journal Entries, Budget Adjustments Records and information related to the transfer of charges between accounts and summaries of account information, including year end summaries of general ledger transactions.
Account Ledgers
Balance Sheets
Budget Adjustments
Cash Journal Entries
Chart of Accounts
Downloads / Data Exports
Expenditure Reports
General Ledger
Journal Entries and Backup Documentation
Revenue
Sub-Ledgers
Summary Reports
Trial Balance
Year -End / Account Detail History Report
Finance 6Y CA - GOV 34090 - (2Y)
US - 26 CFR 31.6001-1(e)(2) - (5Y)
US - 26 USC 6531 - (LA6Y)
060 Licenses Issued
Records and information documenting the issuance of City licenses.
Business Licenses (applications, fees, financial history, renewals, rate worksheet, reports )
Dog Licenses
Finance While Active+4Y CA - CCP 337 - (LA4Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
061 Payroll
Records and information related to the accounting of payroll earnings, deductions, and issuance. This also includes records and information reflecting all earnings and benefits paid to each employee, including:
- Name, address, SSN
- Total amount and date of payments
- Period of service covered for each
- Withholding
- Tax collected
Benefit Payments
Deduction Authorizations, Registers, Reports
Deferred Compensation
Educational Reimbursements
Employee Master File
Federal and State Tax
Payables
Payroll Checks, Copies, Stub Reports
Payroll Certifications, Controls, Earnings
Payroll Taxes
PERS Reporting
Processing Reports, Reports to Government
Salary Schedules
Timekeeping Records (timecards, out of class forms/reports, extra help requests )
W-2, W-4
Finance 6Y CA - 2 CCR 570.5 - (5Y)
CA - 2 CCR 571(b)(1)(E) - (5Y)
CA - 8 CCR 11040(7) - (3Y)
CA - 22 CCR 1085-2(c) - (4Y)
CA - GOV 12946 - (4Y)
CA - GOV 34090 - (2Y)
CA - LAB 226a - (3Y)
CA - LAB 1174(d) - (3Y)
CA - LAB 1197.5 - (LA2Y, LA3Y)
CA - UIC 1132 - (LA3Y)
US - 26 CFR 31.6001-1(e)(2) - (5Y)
US - 26 USC 6531 - (LA6Y)
US - 29 CFR 516.5 - (3Y)
US - 29 CFR 516.6 - (2Y)
US - 29 CFR 1620.32 - (2Y)
US - 29 CFR 1627.3(a) - (3Y)
US - 29 USC 436 - (5Y)
US - 48 CFR 4.705-2 - (4Y; 2Y)
Prepared by Kaizen InfoSource Page 16
City of Mendota - Retention Schedule
Record No. Record Name and Description Example Records Responsible Department(s) Retention Legal Citations and Comments
ACRONYMS USED IN LEGAL CITATIONS
AC = While Active CU = Current Year CL = Closed D = Day FR = Final Resolution LA = Limitation on Action LI = Life (of program, asset) M = Month MA = Maturity MAINT = Maintain Records PR = Permanent S = Superseded T = Termination Y = Year 062 Unclaimed Funds
Records and information pertaining to periodic publication of outstanding checks that are 3 years or older. After the City goes through its due diligence of trying to find the rightful owner, Finance returns any unclaimed funds to the City.
Uncashed Checks
Unclaimed Funds
Finance 10Y CA - CCP 1513 - (3Y)
CA - GOV 34090 - (2Y)
US - Uniform Unclaimed Property Act (2016),
Section 404 - (10Y)
063 Application, System Development and Maintenance
Technical documentation related to acquisition or development of City technology processes, applications, or systems, as well as conversions, changes or modifications to existing applications or systems.
Business, Functional Requirements
Change Requests
Data Migration Documentation
Database Dictionary / Schema
End User Documentation, User Manuals
Hardware Configurations
Intranet
Network Circuits Inventories
Network/Equipment Control Support Documentation
Source Code
System Documentation (codebooks, record layouts, reference guides, schematics, specifications )
System, Application Maintenance Documentation (hardware/operating system requirements, monitoring logs, operating manuals ) Telecommunications System (telephones, voicemail )
Websites
Information Technology Life*+2Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y) CA - GOV 34090 - (2Y)
*Life of Application.
064 Technology Help Desk, Access and Security
Records and technical documentation of internal controls and system security. Includes data / information security breaches, notifications, and supporting documentation.
Audit Trail Files
Automated Logs
Computer Usage Files
Data Breaches (notifications, reports, responses )
Data Sets, Extracted Data Summaries
Firewall
Special Access Approvals
Trouble Tickets
Usage Reports (summary, system )
User Access Records (passwords, security logs, user accounts, log-in files, data entry logs, accounts )
User Incident, Response Files
Information Technology 3Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y) CA - GOV 34090 - (2Y)
CA - CIV 1798.27 - (3Y)
065 Animal Services
Records and information documenting activities related to the City's animal services.
Bite Records
Case Files
Citations
Disposition Records
Excessive Noise Complaints
Licensing Records
Photos
Quarantine Records
Public Safety 3Y CA - CCP 335.1 - (LA2Y)
CA - CCP 340(c) - (LA1Y)
CA - FAC 32003 - (3Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - HSC 122331 - (MAINT)
CA - PEN 597.1(d) - (3Y)
066 Arson Investigations
Records and information associated with arson investigations.
Case Files
Evidence Files
Investigations
Public Safety Permanent CA - GOV 945.6(a)(2) - (LA6M; LA2Y) CA - GOV 34090 - (2Y)
CA - PEN 799 (PR)
CA - PEN 800 (LA6Y)
CA - PEN 801 - (LA3Y)
Prepared by Kaizen InfoSource Page 17
City of Mendota - Retention Schedule
Record No. Record Name and Description Example Records Responsible Department(s) Retention Legal Citations and Comments
ACRONYMS USED IN LEGAL CITATIONS
AC = While Active CU = Current Year CL = Closed D = Day FR = Final Resolution LA = Limitation on Action LI = Life (of program, asset) M = Month MA = Maturity MAINT = Maintain Records PR = Permanent S = Superseded T = Termination Y = Year 067 Case Files - Felonies, Excluding Murder
Records, crime reports and evidence associated with felony violations of laws, excluding homicide and capital violations.
Arrest Report Photographs
Case Files
Evidence Logs
Reports
Public Safety While Active*+10Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y) CA - GOV 34090 - (2Y)
CA - PEN 799 - (MAINT)
CA - PEN 800 - (LA6Y)
CA - PEN 801 - (LA3Y)
CA - PEN 801.1(b) - (LA10Y)
CA - PEN 851.8 - (SEAL&DESTROY)
* Case becomes inactive when it has been
adjudicated, all appeals exhausted or all time
served.
068 Criminal Registrations - Gangs
Records for those required to register as gang violence offenders.
Compliance History
Gang Affiliation
Individual Information
Legal Actions
Registration Information
Reporting Requirements
Public Safety 5Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - PEN 186.32(c) - (5Y)
069 Criminal Registrations - Juvenile Arsonists
Records for those juveniles required to register as arsonists.
Compliance History
Offender Information
Offense Information
Registration Information
Reporting Requirements
Public Safety Age 25 or SEAL+5Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y) CA - GOV 34090 - (2Y)
CA - PEN 457.1(d) - (Upon reaching age of 25 or
when records are sealed)
CA - WIC 781 - (SEAL+5Y)
070 Criminal Registrations - Sex Offenders, Adult Arsonists, Narcotics Records for those required to register as sex offenders, adult arsonists, or for narcotics.
Compliance History
Offender Information
Offense Information
Registration Requirements
Restrictions
Public Safety Life* CA - GOV 945.6(a)(2) - (LA6M; LA2Y) CA - GOV 34090 - (2Y)
CA - PEN 290(d) - (Tier 1 - 10Y; Tier 2 - 20Y; Tier 3
- Life of Offender)
CA - PEN 457.1(b)(2) - (Life of Arsonist)
Santa Clara Municipal Code 2.80.050 - (MAINT)
* Life of the arsonist or narcotics offender
071 Parking Enforcement and Traffic Control
Records and information of the Police Department's activities to enforce parking ordinances and control City traffic.
Parking Citations
Payment Information
Residential Parking Permits
Traffic Studies
Public Safety 4Y CA - CCP 337 - (LA4Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - PEN 802 - (LA1Y; LA2Y; LA3Y)
072 Police - General Support and Administrative Records Records of general community support activities and administrative reports received and/or generated in the routine course of law enforcement activities and not associated with a case number.
Activity Reports
Crime Statistics
Daily Bulletins
Incident Logs
LiveScan Research (for non-City organizations )
Peace Officer Stops Report
Property and Evidence Records
Published Reports
Ride-Along Program Records
Uniform Crime Reporting
Volunteer Forms
Public Safety 3Y CA - 11 CCR 999.228(j) - (3Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 12525.5 - (CU+1Y)
CA - GOV 34090 - (2Y)
Prepared by Kaizen InfoSource Page 18
City of Mendota - Retention Schedule
Record No. Record Name and Description Example Records Responsible Department(s) Retention Legal Citations and Comments
ACRONYMS USED IN LEGAL CITATIONS
AC = While Active CU = Current Year CL = Closed D = Day FR = Final Resolution LA = Limitation on Action LI = Life (of program, asset) M = Month MA = Maturity MAINT = Maintain Records PR = Permanent S = Superseded T = Termination Y = Year 073 Police Case Files - Dead Bodies
Records, crime reports and evidence associated with investigations of dead bodies, whether by natural causes or found.
Evidence Logs
Medical Examiner/Coroner Report
Reports
Statements
Public Safety While Active*+2Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y) CA - GOV 34090 - (2Y)
* Case is active until body has been identified and
cause of death determined. If determination is
made that the death was a homicide, records are
recategorized as "Felony Murder/Homicide" case
files.
074 Police Case Files - Domestic Violence
Records, crime reports and evidence associated with investigations and served protective orders for domestic violence.
Criminal Protective Orders
Photographs
Reports
Restraining Orders
Statements
Videos
Public Safety While Active+2Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y) CA - GOV 34090 - (2Y)
CA - PEN 13710 - (MAINT)
075 Police Case Files - Felony Murder/Homicide, Capital Offenses, Child Abuse, Elder Abuse, and Violations of Public Trust
Records, crime reports and evidence associated with capital felony violations of laws, including homicide, child abuse, elder abuse, embezzlement of public funds, or falsification of public documents.
Case Files
Photographs or Video Evidence
Reports
Public Safety Permanent CA - CCP 340.1 - (No Limitation on Action) CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - PEN 799 - (PR)
076 Police Case Files - Misdemeanors, Infractions
Records, crime reports and evidence of misdemeanors and infractions, including traffic incidents and parking/moving citations and appeals.
Appeals of Parking Citations
Case Files
Reports
Public Safety 3Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - PEN 802 - (LA1Y; LA2Y; LA3Y)
CA - VEH 2547 - (3Y)
077 Police Case Files - Missing Persons, Protective Custody and Runaways Records, crime reports and evidence associated with missing persons and runaways.
Case Files
Reports
Public Safety While Active*+2Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y) CA - GOV 34090 - (2Y)
* Case remains active until solved
078 Police Case Files - Officer Involved Shootings
Records, crime reports and evidence associated with criminal cases dealing with officer involved shootings.
Body-worn Camera Footage
Case Files
District Attorney Review
Evidence Logs
Medical Examiner Report
Personnel Complaint Packet
Reports
Statements
Use of Force Report
Public Safety While Active+15Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y) CA - GOV 34090 - (2Y)
CA - PEN 799 - (PR)
CA - PEN 832.18 - (2Y)
CA - PEN 832.5 - (5Y, where there is not a
sustained finding of misconduct; 15Y where was a
sustained finding of misconduct)
079 Police Case Files - Sealing of Records
Records of court orders to seal the records of adults.
Case Files
Court Order
Law Enforcement Agency Review
Record Sealing Log
Record Sealing Request
Reports
Public Safety SEAL*+3Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y) CA - GOV 34090 - (2Y)
CA - PEN 851.8 - (SEAL+3Y)
CA - PEN 851.90 - (MAINT)
CA - WIC 781.5(a) - (SEAL+3Y)
*SEAL = Date Records Sealed
Prepared by Kaizen InfoSource Page 19
City of Mendota - Retention Schedule
Record No. Record Name and Description Example Records Responsible Department(s) Retention Legal Citations and Comments
ACRONYMS USED IN LEGAL CITATIONS
AC = While Active CU = Current Year CL = Closed D = Day FR = Final Resolution LA = Limitation on Action LI = Life (of program, asset) M = Month MA = Maturity MAINT = Maintain Records PR = Permanent S = Superseded T = Termination Y = Year 080 Police Case Files - Stolen Property
Records, crime reports and evidence associated with stolen property.
Case Files
Case Notes
Evidence Log
Property Recovery Log
Reports
Public Safety While Active*+3Y CA - CCP 338(c)(2) - (LA3Y) CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
* Case remains active until solved
081 Police Case Files - Traffic Collisions - Fatal
Records, crime reports and evidence associated with traffic collisions involving fatalities.
Case Files
Medical Examiner Report
Occupants
Reports
Statements
Vehicles Involved
Public Safety Permanent CA - GOV 945.6(a)(2) - (LA6M; LA2Y) CA - GOV 34090 - (2Y)
CA - PEN 799 - (PR)
082 Police K-9 Records
Records documenting the acquisition, assignment and care of the Police Department's K9 unit.
Acquisition Records
Assignment and Ownership Records
Dog Health Logs
Dog Profiles
Dog Training Records
K-9 Program Records (awards & recognition, incident reports ) Public Safety Life of Animal+3Y CA - CCP 335.1 - (LA2Y) CA - CCP 338 - (LA3Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
083 Police Routine Body-Worn Camera Video - Records of Access and Deletion of Recordings
Records and logs of access and subsequent deletion of body-worn camera video recordings.
Access Log
Deletion Logs
Reason for Access
Video File information
Public Safety Permanent CA - PEN 832.18(b)(5)(E) - (PR) 084 Police Routine Body-Worn Camera Video Records
Recordings of routine body-worn camera video monitoring, to include time and date of video, location of video and other related information.
Body-Worn Camera Recordings (body cam )
Video File Information
Public Safety 60D* CA - PEN 832.18 - (60D)
* Exception: If recordings are evidence in any
criminal prosecution, claims filed, potential claims,
(including those related to officer complaints), or
any pending litigation, they shall be preserved for 2
years after the conclusion of the court action.
085 Professional Standards - No Sustained Finding of Misconduct Records and information of investigations into complaints or findings about Harbor Police staff, corrective actions taken, as well as efforts to develop and implement process improvements, but where there is not a sustained finding of misconduct.
Actions Taken
Business Process Analyses
Citizen Complaints
Departmental Actions
Internal Affairs Complaint Record
Internal Investigation Records
Investigation Logs, Workpapers
Investigator Reports, Findings, Notes
Personnel Complaint Packet
Statements
Supporting Documents
Use of Force Files
Public Safety While Active+5Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y) CA - GOV 12946 - (AC+4Y)
CA - GOV 34090 - (2Y)
CA - PEN 801.5 - (4Y)
CA - PEN 832.5(b) - (5Y where there is not a
sustained finding of misconduct)
CA - PEN 13300(l) - (5Y)
CA - VEH 2547 - (LA3Y)
Prepared by Kaizen InfoSource Page 20
City of Mendota - Retention Schedule
Record No. Record Name and Description Example Records Responsible Department(s) Retention Legal Citations and Comments
ACRONYMS USED IN LEGAL CITATIONS
AC = While Active CU = Current Year CL = Closed D = Day FR = Final Resolution LA = Limitation on Action LI = Life (of program, asset) M = Month MA = Maturity MAINT = Maintain Records PR = Permanent S = Superseded T = Termination Y = Year 086 Professional Standards - Sustained Finding of Misconduct Records and information of investigations into complaints or findings about Harbor Police staff, corrective actions taken, as well as efforts to develop and implement process improvements, where there is a sustained finding of misconduct.
Actions Taken
Business Process Analyses
Citizen Complaints
Departmental Actions
Disciplinary Action and Date
Disposition of Complaint
Internal Affairs Complaint Record
Internal Investigation Records
Investigation Logs, Workpapers
Investigator Reports, Findings, Notes
Personnel Complaint Packet
Statements
Supporting Documents
Use of Force Files
Public Safety While Active+15Y CA - GOV 12946 - (AC+4Y) CA - GOV 34090 - (2Y)
CA - PEN 801.5 - (4Y)
CA - PEN 832.5 - (15Y where there is a sustained
finding of misconduct)
CA - VEH 2547 - (LA3Y)
087 Security Camera Footage
Recordings from security cameras routinely monitoring City buildings and facilities.
Security Camera Footage (routine video recordings) Public Safety 1Y CA - GOV 34090.6 - (1Y) 088 Security, Access Operations
Records and information regarding physical access controls and protection for City buildings and facilities.
Access Controls
Access Reports
Daily Activity Logs
Facility Key Lists
Incident Reports
Key Cards
Security Guards
Transaction Logs
Public Safety 2Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
089 Seized or Unclaimed Property Records
Records documenting tracking and management of physical property seized by the Police department, or collected by the Police department but unclaimed, and not assigned to a case number or considered as evidence in a criminal investigation.
Asset Forfeiture
Disposition of Property
Found Property
Property Intake Form
Property Storage Log
Public Safety 2Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
090 Storm Water Management
Records and information documenting the operations, planning, and maintenance of the City's storm drain system, pump/lift stations, drainage ditches, and discharges.
Analysis Files (chemical, microbiological, turbidity )
Drainage Ditches
Flood Control (plans, SB5)
Inspections
MS4 Permit
NPDES
Pond Level Reports
Pumps and Pump Stations
Reclamation
Reporting
Storm Drains
Underground Service Alerts (USA)
Public Utilities While Active+5Y CA - CCP 338 - (LA3Y)
CA - CCP 338.1 - (LA5Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
US - 40 CFR 122.21(p) - (3Y)
US - 40 CFR 122.41(j) - (3Y)
US - 40 CFR 122.44(i)(4) - (3Y)
US - 40 CFR 261.32 - (3Y)
Prepared by Kaizen InfoSource Page 21
City of Mendota - Retention Schedule
Record No. Record Name and Description Example Records Responsible Department(s) Retention Legal Citations and Comments
ACRONYMS USED IN LEGAL CITATIONS
AC = While Active CU = Current Year CL = Closed D = Day FR = Final Resolution LA = Limitation on Action LI = Life (of program, asset) M = Month MA = Maturity MAINT = Maintain Records PR = Permanent S = Superseded T = Termination Y = Year 091 Waste Water Management
Records and information documenting the operations, planning, and maintenance of the City's waste water collection system, pump/lift stations, treatment facilities, reclamation, and discharges.
Conservation
Settling Basins
Year-end Reports
Public Utilities While Active+5Y CA - CCP 338 - (LA3Y)
CA - CCP 338.1 - (LA5Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - HSC 25244.19 - (4Y)
CA - HSC 25244.20 - (4Y)
US - 40 CFR 261.32 - (3Y)
092 Water Delivery System Management Records
Records documenting the management of surface water, groundwater, runoff, potable water storage tanks, wastewater, wells, and flood control efforts.
Analysis Files (chemical, microbiological, turbidity )
Assessments (Level 1, Level 2 )
Consumer Complaints (water quality, system water outages ) Consumer Confidence Reports
Corrective Actions Taken
Piezometer Files
Potable Drinking Water
Rain Gauge Records
Sample Collection
Sanitary Surveys
System Activity, Flow Changes
Tier 1, Tier 2, or Tier 3 Public Notices
Treatment System Performance Records
Variances and Exemptions
Water Quality Data, Reports
Year-end Reports
Public Utilities 12 Years California Cross-Connection Control Handbook, Dec. 2023 - (MAINT)
CA - 22 CCR 64470(a) - (5Y)
CA - 22 CCR 64470(b)(1) - (5Y; 10Y)
CA - 22 CCR 64470(b)(2) - (3Y)
CA - 22 CCR 64470(b)(3) - (10Y)
CA - 22 CCR 64470(b)(4) - (5Y)
CA - 22 CCR 64470(b)(5) - (3Y)
CA - 22 CCR 64470(b)(7) - (5Y)
CA - CCP 338 - (LA3Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
US - 40 CFR 141.33(a) - (5Y; 10Y)
US - 40 CFR 141.33(b) - (AC+3Y)
US - 40 CFR 141.33(c) - (10Y)
US - 40 CFR 141.33(d) - (AC+5Y)
US - 40 CFR 141.33(e) - (3Y)
US - 40 CFR 141.91 - (12Y)
US - 40 CFR 141.155 - (3Y)
093 Building, Facility Management
Records and information regarding the structure of City-occupied buildings.
As-Built Blueprints
Construction Records
Electrical Wiring Schematics
Floor Plans
Project Specifications
Property Inventory
Utility Consumption Tracking
Public Works Life*+10Y CA - CCP 337.1 - (LA4Y)
CA - CCP 337.15 - (LA10Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - HSC 19850 - (LI*)
* LI = Life of Building or Facility
Prepared by Kaizen InfoSource Page 22
City of Mendota - Retention Schedule
Record No. Record Name and Description Example Records Responsible Department(s) Retention Legal Citations and Comments
ACRONYMS USED IN LEGAL CITATIONS
AC = While Active CU = Current Year CL = Closed D = Day FR = Final Resolution LA = Limitation on Action LI = Life (of program, asset) M = Month MA = Maturity MAINT = Maintain Records PR = Permanent S = Superseded T = Termination Y = Year 094 CIP and Engineering Project Files
Records and information related to the administration, analysis, design, development, planning, construction and maintenance of capital improvement projects (CIP) and other architectural and engineering projects for City facilities, streets and infrastructure.
Includes projects funded from various sources including bonds, grants, capital improvement, and general fund.
Assessments
Capacity (water, wastewater ) Fees
Daily Inspections and Progress Meetings
Development Impact Fees and Reconciliations
Easements
EIR, Notice of Determination, Categorical Exemptions
Encroachments
Field Inspections, Closures
Final Improvement Plans/As-Built Plans
Geological Reports
Land Development
Permits
Photos/Pictures
Project Plans and Schedules, Insurance, Permits
Real Estate Appraisals
Specifications, Calculations, Change Orders
Studies and Surveys
Underground Utilities Maps
Public Works Permanent CA - CCP 337.1 - (LA4Y)
CA - CCP 337.15 - (LA10Y)
CA - 14 CCR 15095 - (Reasonable)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 8546.7 - (CL+3Y)
CA - GOV 34090 - (2Y)
US - 2 CFR 200.334 - (CL+3Y)
US - 29 CFR 97.42(b) - (AC+3Y)
US - 40 CFR 122.21(p) - (3Y)
* Life of Building, Asset or Facility
095 City Compliance With Licenses, Permits
Records documenting City compliance records associated with licenses and permits issued to the City.
Operating Permits
Permit Correspondence
Public Works While Active+5Y CA - CCP 338.1 - (LA5Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
US - 40 CFR 122.21(p) - (3Y)
096 Fuel Management
Records related to the purchase, tracking and management of fuel for City vehicles.
Aboveground Fuel Storage Tanks
California Air Resources Board Certificate
Employee Fuel Codes
Fuel Card Authorizations
Fuel Reports, Billing Reports, Journals, Fuel Tickets
Pump/Gas Tank Maintenance
Public Works 5Y CA - CCP 338.1 - (LA5Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
097 Hazardous Waste - Monitoring and Remediation
Planning, monitoring and contingency/emergency action plans for hazardous waste, emergency and spill response, natural and exposure emergencies, notifications and response; environmental action plans and supporting documentation; hazardous communications plans, including labeling, SDS controls, training programs and procedures.
Employee Hazardous Chemical Exposure
Hazardous Material Incident Reports
Hazardous Substances Shipping Manifests
Hazardous Waste
Proposition 65 Monitoring
Response Plans, Programs
Safety Data Sheets (SDS)
Site Mitigation & Remediation
Toxic Substance Inventory
Public Works While Active+30Y CA - 8 CCR 3204(d) - (CL+30Y) CA - 22 CCR 66262.40 - (3Y)
CA - CCP 338.1 - (LA5Y)
CA - GOV 945.6(a)(2) - (LA6M; LA2Y)
CA - GOV 34090 - (2Y)
CA - HSC 25244.19 - (4Y)
CA - HSC 25244.20 - (4Y)
CA - HSC 25160.8(c)(3)(D) - (AC+3Y)
US - 29 CFR 1910.1020 - (CL+30Y)
098 Operational Maps
Informal maps and geographical information pertaining to City operations and constituent services.
Road Closures
Sewer TV Surveys
Street Sweeping
Tree Trimming
Trash Pick-up
Public Works Superseded+2Y CA - GOV 945.6(a)(2) - (LA6M; LA2Y) CA - GOV 34090 - (2Y)
Prepared by Kaizen InfoSource Page 23
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: APPROVING THE PROPOSAL AND CONSULTANT SERVICES AGREEMENT FROM
PROVOST & PRITCHARD CONSULTING GROUP FOR THE ENGINEERING DESIGN OF
THE WATER TREATMENT PLANT TANK REPLACEMENT
DATE: MAY 6, 2025
ISSUE
Shall the City Council adopt Resolution No. 25-23, approving the Proposal and Consultant Services Agreement from Provost & Pritchard Consulting Group for the Engineering Design of the Water Treatment Plant Tank Replacement?
BACKGROUND
The City of Mendota “City”) owns and operates a groundwater water treatment plant for the removal of iron and manganese located at 2nd Street & Marie Street. Water is pumped from the City’s wells, through pressure filters and into two (2) one-million gallon steel storage tanks. The steel tanks are both clearwells to allow for typical plant operations but also account for all of the storage in the City’s distribution system. One a summer day, the City will currently utilize all of the storage capacity and therefore, would not be able to adequately serve the population with only one tank in operation.
ANALYSIS
A recent tank inspection determined that the roof of one of the tanks is severely corroded and headed to potential failure. The tanks are effectively reaching the end of their service life and the cost to rehabilitate the existing tanks would be costly. It would be most prudent to replace the aging tanks with a new prestressed concrete tank which would have a significantly longer service life and require les annual maintenance.
The proposal from the City Engineer, Provost & Pritchard Consulting Group has been reviewed and it comprehensive to meet the current needs of the City.
This project will be categorically exempt under CEQA and a Notice of Exemption will be filed during the first phase of design.
FISCAL IMPACT
The fees for the professional design services will be paid out of the Water and Sewer Enterprise Fund. This project will not impact the General Fund. Funding for construction is being pursued by City staff.
2 RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 25-23, approving the Proposal and Consultant Services Agreement from Provost & Pritchard Consulting Group for the Engineering Design of the Water Treatment Plant Tank Replacement in the total amount of $238,000.
Attachments:
1. Resolution No. 25-23
2. Exhibit “A” - Proposal
3. Exhibit “B” - Consultant Services Agreement
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 25-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA APPROVING
THE PROPOSAL AND CONSULTANT SERVICES AGREEMENT FROM PROVOST &
PRITCHARD CONSULTING GROUP FOR THE ENGINEERING DESIGN OF THE
WATER TREATMENT PLANT TANK REPLACEMENT
WHEREAS, the City of Mendota (“City”) owns and maintains a groundwater water treatment plant for the removal of iron and manganese where treated water is stored in two one-million-gallon steel tanks before being pumped into the City’s water distribution system; and
WHEREAS, the cover of one of the tanks is beginning to fail due to corrosion and aging of materials; and
WHEREAS, on a peak day in summer, the City utilizes all of the water stored in the tanks and cannot serve the City with only one of the two existing tanks; and WHEREAS, the existing steel tanks are reaching the end of their service life; and WHEREAS, a prestressed concrete tank will have a much longer service life without as much annual maintenance; and
WHEREAS, the City intends to retain the City Engineer, Provost & Pritchard Consulting Group, to provide engineering design services for preparation of construction level plans and specifications ready for solicitation of bids; and WHEREAS, the City Engineer has submitted a Proposal and Consultant Services Agreement that is acceptable to the City staff.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota that the Consultant Services Agreement and Proposal submitted by Provost & Pritchard Consulting Group for the Engineering Design of the Water Treatment Plant Tank Replacement are hereby approved in substantially the forms attached hereto as Exhibit “A” and “B,” respectively, and that the City Manager, or his designee, is hereby authorized to execute all documents required to effect each agreement and to execute all documents necessary.
______________________________
Victor Martinez, Mayor
2 ATTEST:
I, Celeste Cabrera-Garcia, City Clerk of the City of Mendota, do hereby certify that the foregoing resolution was duly adopted and passed by the City Council at a regular meeting of said Council, held at the Mendota City Council Chambers located at 725 Riofrio Street, Mendota, California 93640, on the 6th day of May, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
EXHIBIT A
455 W Fir Ave, Clovis, CA 93611 • (559) 449-2700
www.provostandpritchard.com
https://provostandpritchard-my.sharepoint.com/personal/bstipe_ppeng_com/Documents/BD/Mendota Tank Replacement/2025 03 24 Mendota Tank Replacement Proposal.docx
Engineering • Structural • Geostructural • Surveying • Planning • Environmental • GIS • Construction Services • Hydrogeology • Consulting Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Riverside • Camarillo • Boise, ID April 28, 2025
Cristian Gonzalez
City of Mendota
643 Quince Street
Mendota, CA 93640
Subject: Engineering and Surveying Services for
Mendota Water Treatment Plant Tank Replacement Project, Mendota, California Dear Cristian Gonzalez
Thank you for the opportunity to submit this proposal to provide engineering and surveying services for the subject project. This proposal discusses our understanding of the project, recommends a scope of services together with associated fees, deliverables and approximate schedules, sets forth our assumptions and discusses other services that may be of interest as the project proceeds.
PROJECT UNDERSTANDING
The City of Mendota owns and operates a groundwater water treatment plant for the removal of iron and manganese with a nominal capacity of 3,000 gpm, located in the northern portion of the City. Water is pumped from the City’s wells, through the pressure filters, and into one of two 1 MG steel tanks. The steel tanks are used as both clearwells to allow for typical plant operations but also account for all of the storage in the City distribution system. A recent tank inspection determined that the tanks are effectively at the end of their service life and the cost required to rehabilitate the existing units could be better used on a new tank with a longer service life. This proposal is for the addition of a new, prestressed concrete tank and the removal of the existing failing steel tanks.
SCOPE OF SERVICES
Our proposed scope of work includes the following work tasks.
TASK SD: SCHEMATIC DESIGN AND PERMITTING
a. Project Management
o Project management and administration
o Prepare and maintain workplan and project schedule
o Coordinate progress reports and information needs to the City o Participate in kickoff meeting with the City
o Prepare and submit monthly billing
o Conduct QA/QC program
b. Conduct site topographical survey.
a. Field survey water treatment plant site
City of Mendota April 28, 2025
Mendota Water Treatment Plant Tank Replacement Project Page 2 of 4 https://provostandpritchard-my.sharepoint.com/personal/bstipe_ppeng_com/Documents/BD/Mendota Tank Replacement/2025 03 24 Mendota Tank Replacement Proposal.docx
b. Perform topo survey plan
c. Conduct geotechnical investigations/borings of proposed tank site and prepare report. d. Review record drawings and information and identify any additional information required to complete the design.
e. Analyze existing information to integrate existing and future facilities. f. Prepare design criteria.
g. Prepare preliminary site layout.
h. Develop tank volume comparison memorandum.
i. Prepare design drawings (site plan, hydraulic profile, etc) based on topographic, boundary, and control surveys.
j. Prepare Notice of Exemption for CEQA compliance.
k. Hold schematic design review meeting with the City and project team to confirm site conditions, proposed layout in conceptual design drawings, hydraulic design criteria, and operating criteria.
DELIVERABLES
1. Geotechnical Recommendations Report
2. Notice of Exemption
3. Tank Volume Comparison memorandum
4. 25% Completion Level drawings
5. Attend one (1) in-person Schematic Design review workshop at the City TASK CD: CONSTRUCTION DOCUMENTS
Based on the Schematic Plans, Provost and Pritchard will proceed with the design of the facilities and prepare the following plans:
o Cover Sheet
o Legend and Abbreviations
o Design Criteria, Process Flow Diagram, and Hydraulic Profile o General Notes 1 of 2
o General Notes 2 of 2
o Site Plan
o Grading Plan
o Piping Plan
o Civil Details 1 of 2
o Civil Details 2 of 2
o Tank Plan
o Tank Elevations and Details 1 of 2
o Tank Elevations and Details 2 of 2
o Process Details 1 of 3
o Process Details 2 of 3
o Process Details 3 of 3
o Tank Foundation Plan and Section
o Tank Detail Sheets 1 of 5
o Tank Detail Sheets 2 of 5
o Tank Detail Sheets 3 of 5
o Tank Detail Sheets 4 of 5
City of Mendota April 28, 2025
Mendota Water Treatment Plant Tank Replacement Project Page 3 of 4 https://provostandpritchard-my.sharepoint.com/personal/bstipe_ppeng_com/Documents/BD/Mendota Tank Replacement/2025 03 24 Mendota Tank Replacement Proposal.docx
o Tank Detail Sheets 5 of 5
o Structural Details 1 of 2
o Structural Details 2 of 2
• Prepare technical specifications in CSI format
• Prepare Opinion of Probable Construction Cost.
75% CD DELIVERABLES
• Submit 60% construction documents (PDF format)
• Submit Opinion of Probable Construction Cost. (PDF format) • Attend one (1) in-person 60% review meeting
BID CD DELIVERABLES
• Submit bid construction documents for approval and bid. (PDF Format) • Submit bid Engineer’s Opinion of Probable Construction Cost. (PDF Format) TASK BID: BID ADMINISTRATION SERVICES
a. Advertise bid solicitation in the Fresno Business Journal and local Builder’s Exchanges, as well as direct solicitation to preferred contractors
b. Address bidder’s questions or request for information and prepare and issue addenda, as needed c. Conduct public bid opening
Analyze bids received and provide recommendation for award of construction contract
PROFESSIONAL FEES
Provost & Pritchard Consulting Group will perform the services in this Phase on a time and materials basis, in accordance with our Standard Fee Schedule in effect at the time services are rendered. These fees will be invoiced monthly as they are accrued, and our total fees, including reimbursable expenses, will not exceed our estimate without additional authorization.
PROPOSED FEE – PROJECT NAME
TASK ESTIMATED FEE
Task SD: Schematic Design $113,000
Task CD: Construction Documents $114,000
Task BID: Bid Services $11,000
Total Estimated Fee: $238,000
The line items shown above are estimates and are not intended to limit billings for any given Task. Required task effort may vary up or down from the line item estimates shown, however total billings will not exceed the Total shown without additional authorization. If the scope changes materially from that described above, as a result of any agency’s decision or because of design changes requested by the Owner, we will prepare a revised estimate of our fees for your approval before we proceed.
SCHEDULE
Once we receive an executed copy of this Proposal together with the signed Consultant Services Agreement we will work with the City to establish a mutually agreed upon schedule.
City of Mendota April 28, 2025
Mendota Water Treatment Plant Tank Replacement Project Page 4 of 4 https://provostandpritchard-my.sharepoint.com/personal/bstipe_ppeng_com/Documents/BD/Mendota Tank Replacement/2025 03 24 Mendota Tank Replacement Proposal.docx
ASSUMPTIONS
a. Provost & Pritchard CAD standards and title block will be used for the design of this project. b. Provost & Pritchard’s current CAD version will be used.
ADDITIONAL SERVICES
The following services are not included in this proposal, however, these and others can be provided at additional cost, upon request.
a. Construction phases services such as: construction review, construction staking, contract management services, as-built survey.
b. Additional office or field services required due to any governmental agency changes in ordinances, codes, policies, procedures, or requirements after the date of this agreement.
TERMS AND CONDITIONS
In order to convey a clear understanding of our mutual responsibilities under this proposal (or amendment), our standard Consultant Services Agreement is attached. Please sign both of these documents and mail or email a copy to our office. These documents will serve as our Notice to Proceed. This proposal is valid for 30 days from the date above.
Respectfully,
Provost & Pritchard Consulting Group
Brandon Stipe, RCE 75956 Keith Mortensen, RCE 75865
Principal Engineer Director of Operations
TERMS AND CONDITIONS ACCEPTED
By City of Mendota
Signature
Printed Name
Title Date
EXHIBIT B
455 W Fir Ave • Clovis, CA 93611 • (559) 449-2700
www.provostandpritchard.com
https://provostandpritchard-my.sharepoint.com/personal/bstipe_ppeng_com/Documents/BD/Mendota Tank Replacement/2025 04 28 Mendota Tank Replacement CSA.docx
Engineering • Structural • Geostructural • Surveying • Planning • Environmental • GIS • Construction Services • Hydrogeology • Consulting Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Boise, ID
CONSULTANT SERVICES AGREEMENT
CSA NO:
City of Mendota
Client/Agency Proposal No.
Cristian Gonzalez
Attention Telephone
Cristian Gonzalez
Bill to Fax
643 Quince Street [email protected]
Billing Address Email
Mendota, CA 93640
City, Zip Code
Mendota Water Treatment Plant Tank Replacement
Project
Mendota, CA
Project Title Location
DESCRIPTION OF SERVICES
This consultant services agreement is for the design of a new prestressed concrete tank at the Mendota Water Treatment Plant and the design for demolition of the existing steel tanks as described in the attached proposal.
The provisions set forth below and on the following paragraphs 1 through 42 are incorporated into and made a part of this Agreement. In signing, the Client acknowledges that they have read and approved all such terms and hires Provost & Pritchard Engineering Group, Inc., dba Provost & Pritchard Consulting Group, (Consultant) to perform the above described services.
TERMS AND CONDITIONS
Client and Consultant agree that the following terms and conditions shall be part of this agreement:
1. In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. The Consultant makes no warranty, express or implied, as to its professional services rendered under this Agreement.
2. Client acknowledges that Consultant is not responsible for the performance of work by third parties including, but not limited to, the construction contractor and its subcontractors.
3. Client agrees that if Client requests services not specified in the scope of services described in this agreement, Client will pay for all such additional services as extra services, in accordance with Consultant's billing rates utilized for this contract.
DOCUMENTS
4. Client acknowledges that all reports, plans, specifications, field data and notes and other documents, including all documents on electronic media, prepared by Consultant (collectively Work Product) are instruments of service which shall remain the property of Consultant and may be used by Consultant without the consent of Client. Consultant Project Manager: B. Stipe
Prepared by: B. Stipe
City of Mendota April 28, 2025
Mendota Water Treatment Plant Tank Replacement Project Page 2 of 6 shall retain all common law, statutory law and other rights, including copyrights. Consultant grants Client a perpetual, royalty-free fully paid-up, nonexclusive and irrevocable license to copy, reproduce perform, dispose of, use and reuse the Work Product in connection with the Project, in whole or in part, and to authorize others to do so for the benefit of Client. Client acknowledges that its right to utilize Work Product pursuant to this agreement will continue only so long as Client is not in default, pursuant to the terms and conditions of this agreement, and Client has performed all its obligations under this agreement.
5. Client agrees not to reuse Work Product, in whole or in part, for any project other than the project that is the subject of this agreement. Client further agrees to waive all claims against Consultant resulting in any way from any unauthorized changes or unauthorized reuse of the Work Product for any other project by anyone on Client’s behalf.
Client agrees not to use or permit any other person to use versions of Work Product which are not final and which are not signed and stamped or sealed by Consultant. Client shall be responsible for any such use of non-final Work Product. Client hereby waives any claim for liability against Consultant for use of non-final Work Product. If a reviewing agency requires that check prints be submitted with a stamp or seal, those shall not be considered final for purposes of this paragraph.
6. In the event Client (1) makes, agrees to, authorizes, or permits changes in Work Product, or (2) makes, agrees to, authorizes, or permits construction of such unauthorized changes, which changes are not consented to in writing by Consultant, or (3) does not follow recommendations prepared by Consultant pursuant to this agreement, resulting in unauthorized changes to the project, Client acknowledges that the unauthorized changes and their effects are not the responsibility of Consultant. Client agrees to release Consultant from all liability arising from such unauthorized changes, and further agrees to defend, indemnify and hold harmless Consultant, its officers, directors, employees and subconsultants from and against all claims, demands, damages or costs, including attorneys' fees, arising from such changes.
7. Under no circumstances shall delivery of Work Product for use by the Client be deemed a sale by the Consultant, and the Consultant makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the Consultant be liable for indirect or consequential damages as a result of the Client’s unauthorized use or reuse of the Work Product.
8. The Client is aware that differences may exist between electronic files delivered and the printed hard-copy construction documents. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed sealed hard-copy documents shall govern.
LIMITATIONS
9. Consultant makes no representations concerning soils or geological conditions unless specifically included in writing in this agreement, or by amendments to this agreement. If Consultant recommends that Client retain the services of a Geotechnical Engineer and Client chooses to not do so, Consultant shall not be responsible for any liability that may arise out of the making of or failure to make soils or geological surveys, subsurface soils or geological tests, or general soils or geological testing.
10. Client acknowledges that, unless specifically stated to the contrary in the proposal’s description of services to be provided, Consultant's scope of services for this project does not include any services related in any way to asbestos and/or hazardous or toxic materials. Should Consultant or any other party encounter such materials on the job site, or should it in any other way become known that such materials are present or may be present on the job site or any adjacent or nearby areas which may affect Consultant's services, Consultant may, at its option, suspend or terminate work on the project until such time as Client retains a qualified contractor to abate and/or remove the asbestos and/or hazardous or toxic materials and warrant that the job site is free from any hazard which may result from the existence of such materials.
INDEMNIFICATION
11. To the fullest extent allowed by law, Consultant will indemnify and hold harmless, but shall have no duty to defend Client, its officers, directors, employees, and agents (collectively, the "Client indemnities") from, for and against any and all claims, demands, damages, losses, expenses, liabilities, and penalties arising out of or relating to the Project, but only to the extent caused by the negligent or other wrongful acts or omissions of Consultant, its subconsultants, or any person or entity for whose acts or omissions any of them are responsible, or by the failure of any such party to perform as required by this Agreement. To the fullest extent allowed by law, Client will indemnify and hold harmless, but shall have no duty to defend Consultant and its officers, directors, employees and agents from, for and City of Mendota April 28, 2025
Mendota Water Treatment Plant Tank Replacement Project Page 3 of 6 against any and all claims, demands, damages, losses, expenses, liabilities and penalties arising out of or relating to the Project, but only to the extent caused by the negligent or other wrongful acts or omissions of Client or any person or entity for whose acts or omissions it is responsible, or by the failure of any such party to perform as required by this Agreement. The obligations and rights of this Section are in addition to other obligations and rights of indemnity provided under this Agreement or applicable law.
FINANCIAL
12. All fees and other charges due Consultant will be billed monthly and shall be due at the time of billing unless specified otherwise in this agreement. If Client fails to pay Consultant within sixty (60) days after invoices are rendered, Consultant shall have the right in its sole discretion to consider such default in payment a material breach of this entire agreement, and, upon written notice, Consultant's duties, obligations and responsibilities under this agreement may be suspended or terminated for cause pursuant to Sections 26 through 31. In such event, Client shall promptly pay Consultant for all outstanding fees and charges due Consultant at the time of suspension or termination including all costs and expenses incurred in the performance of services up to suspension or termination.
13. Consultant shall not be liable to Client for any costs or damages that may result from the termination or suspension of services under this agreement due to Client’s failure to pay Consultant invoices in accordance with the terms of this paragraph. In the event that Consultant agrees to resume terminated or suspended services after receiving full payment of all late invoices, Client agrees that time schedules and fees, as applicable, related to the services will be equitably adjusted to reflect any delays or additional costs caused by the termination or suspension of services.
14. In all cases where the proposal calls for payment of a retainer, that payment shall be made by Client to Consultant prior to commencement of services under this agreement. Upon receipt of retainer payment, the Consultant shall commence services as provided for under this Agreement. Unless otherwise provided for in the project proposal, such retainer shall be held by Consultant throughout the duration of the contract, and shall be applied to the final project invoice, and to any other outstanding AR, including late payment charges, on the project. Any amount of said retainer in excess of the final invoice and other outstanding AR shall be returned to the Client within 30 days of issuance of the final project invoice.
15. Client agrees that all billings from Consultant to Client will be considered correct and binding on Client unless Client, within ten (10) days from the date of receipt of such billing, notifies Consultant in writing of alleged inaccuracies, discrepancies, or errors in billing. In the event of a dispute over any billing or portion of billing, Client agrees to pay the undisputed portion of any billings in accordance with the payment terms set forth in Section 12.
16. Client agrees to pay a monthly late payment charge, which will be the lesser of one and one half percent (1-1/2%) per month or a monthly charge not to exceed the maximum legal rate, which will be applied to any unpaid balance commencing thirty (30) days after the date of the billing. Client acknowledges that payments applied first to unpaid late payment charges and then to unpaid balances of invoices.
17. In the event Consultant's fee schedule changes due to any increase of costs such as the granting of wage increases and/or other employee benefits to field or office employees or any taxes or fees imposed by local, state, or federal government on consultants’ fees during the lifetime of this agreement, the new fee schedule shall apply to all subsequent work on time-and-materials contracts.
18. If payment for Consultant's services is to be made on behalf of Client by a third party lender, Client agrees that Consultant shall not be required to indemnify the third party lender, in the form of an endorsement or otherwise, as a condition to receiving payment for services. Client agrees to reimburse Consultant for all collection agency fees, legal fees, court costs, reasonable consultant staff costs and other expenses paid or incurred by Consultant in the event that collection efforts become necessary to enforce payment of any unpaid billings due to Consultant in connection with the services provided in this agreement.
LIMITATION OF LIABILITY
19. Notwithstanding any other provisions of this Agreement to the contrary, the aggregate liability of the Consultant under this Agreement, whether for breach of contract, tort, strict liability or any other legal theory, will not exceed the total amount of Consultant's compensation for performing services under this Agreement or $50,000, whichever is greater, however this limitation of Consultant's liability does not apply to third-party claims, or to the Client's reasonable attorneys' fees and expert witnesses' fees and litigation expenses arising out of or related to such thirdparty claims for which Consultant is liable.
City of Mendota April 28, 2025
Mendota Water Treatment Plant Tank Replacement Project Page 4 of 6
DISPUTE RESOLUTION
20. In an effort to resolve any conflicts or disputes that arise regarding performance under this agreement by either party, Client and Consultant agree that all such disputes shall be submitted to nonbinding mediation, using a mutually agreed upon mediation services experienced in the resolution of construction disputes. Unless the parties mutually agree otherwise, such mediation shall be a pre-condition to the initiation of any litigation. The parties further agree to include a similar mediation provision in their agreements with other independent contractors and consultants retained for the project and require them to similarly agree to these dispute resolution procedures. This provision shall not be interpreted to restrict the right of either party to file an action in a court of law, in the County of Fresno, State of California, having appropriate jurisdiction or to preclude or limit the Consultant’s right to record, perfect or to enforce any applicable lien or Stop Notice rights.
CONSTRUCTION PROJECTS
21. If the scope of services contained in this agreement does not include construction phase services for this project, Client agrees that such construction phase services will be provided by Client or by others. Client assumes all responsibility for interpretation of the contract documents and for construction observation and supervision and waives any claim against Consultant that may in any way be connected thereto. In addition, Client agrees to indemnify and hold Consultant harmless from any loss, claim, or cost, including reasonable attorneys' fees and costs of defense, arising or resulting from the performance of such services by other persons or entities and from any and all claims arising from the modification, clarification, interpretation, adjustments or changes made to the contract documents to reflect changed field or other conditions, except for claims arising from the negligence or other wrongful acts of Consultant, its employees, its subconsultants, or any other person or entity for which Consultant is responsible.
22. Client agrees to include provisions in its contract with the construction contractor to the effect that in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property, and that this requirement shall apply continuously and not be limited to normal working hours.
Neither the professional activities of Consultant nor the presence of Consultant or its employees or subconsultants at a construction site shall relieve the contractor and its subcontractors of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and applicable health or safety requirements of any regulatory agency or of state law.
23. Client agrees to require its contractor and subcontractors to review the plans, specifications and documents prepared by Consultant prior to the commencement of construction phase work. If the contractor and/or subcontractors believe there are deficiencies, conflicts, errors, omissions, code violations, or other deficiencies in the plans, specifications and documents prepared by Consultant, contractors shall notify Client so those deficiencies may be corrected or otherwise addressed by Consultant prior to the commencement of construction phase work.
24. If, during the construction phase of the project, Client discovers or becomes aware of changed field or other conditions which necessitate clarifications, modifications or other changes to the plans, specifications, estimates or other documents prepared by Consultant, Client agrees to notify Consultant and, at Client’s option, retain Consultant to prepare the necessary changes or modifications before construction activities proceed. Further, Client agrees to require a provision in its construction contracts for the project which requires the contractor to promptly notify Client of any changed field or other conditions so that Client may in turn notify Consultant pursuant to the provisions of this paragraph.
25. If, due to the Consultant's error, omission or negligence, a required item or component of the Project is omitted from the Consultant's construction documents, the Consultant shall not be responsible for paying the cost required to add such item or component to the extent that such item or component would have been required and included in the original construction documents. The Consultant will not be responsible for any cost or expense that enhances the value of the Project.
SUSPENSION AND TERMINATION
26. If the Project or the Consultant’s services are suspended by the Client for more than thirty (30) consecutive calendar days, the Consultant shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the Client shall compensate the City of Mendota April 28, 2025
Mendota Water Treatment Plant Tank Replacement Project Page 5 of 6 Consultant for expenses incurred as a result of the suspension and resumption of its services, and the Consultant’s schedule and fees for the remainder of the Project shall be equitably adjusted.
27. If the Consultant’s services are suspended for more than ninety (90) days, consecutive or in the aggregate, the Consultant may terminate this Agreement upon giving not less than five (5) calendar days’ written notice to the Client.
28. If the Client is in breach of the payment terms or otherwise is in material breach of this Agreement, the Consultant may suspend performance of services upon five (5) calendar days’ notice to the Client. The Consultant shall have no liability to the Client, and the Client agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the Client. Upon receipt of payment in full of all outstanding sums due from the Client, or curing of such other breach that caused the Consultant to suspend services, the Consultant shall resume services, and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension.
29. Client acknowledges Consultant has the right to complete all services included in this agreement. In the event this agreement is terminated before the completion of all services, unless Consultant is responsible for such early termination, Client agrees to release Consultant from all liability for services not performed or completed by Consultant and from liability for any third-party reliance, use, interpretation or extrapolation of Consultant’s work product. In the event all or any portion of the services by Consultant are suspended, abandoned, or otherwise terminated, Client shall pay Consultant all fees and charges for services provided prior to termination, not to exceed the contract limits specified herein, if any. Client acknowledges if the project services are suspended and restarted, there will be additional charges due to suspension of the services which shall be paid for by Client as extra services pursuant to Section 26. Client acknowledges if project services are terminated for the convenience of Client, Consultant is entitled to reasonable termination costs and expenses, to be paid by Client as extra services pursuant to Section 31.
30. The Client may terminate this Agreement for the Client's convenience and without cause upon giving the Consultant not less than seven (7) calendar days' written notice.
31. In the event of termination of this Agreement by either party, Consultant shall invoice Client for all outstanding services and expenses reasonably incurred by the Consultant in connection with the orderly termination of this Agreement, including but not limited to demobilization, reassignment of personnel, associated overhead costs and all other expenses directly resulting from the termination. The Client shall within thirty (30) calendar days of termination pay the Consultant for all services rendered and all reimbursable costs incurred by the Consultant up to the date of termination, in accordance with the payment provisions of this Agreement.
OTHER
32. This agreement shall be binding upon the heirs, executors, administrators, successors and assigns of Client and Consultant.
33. This agreement shall not be assigned by either Client or Consultant without the prior written consent of the other.
34. Consultant's or Client's waiver of any term, condition or covenant shall not constitute the waiver of any other term, condition or covenant. Consultant's or Client's waiver of any breach of this agreement shall not constitute the waiver of any other breach of the Agreement.
35. Client and Consultant agree that if any term or provision of this Agreement is determined to be illegal, in conflict with any law, void or otherwise unenforceable, and if the essential terms and provisions of this Agreement remain unaffected, then the validity of the remaining terms and provisions will not be affected and the offending provision will be given the fullest meaning and effect allowed by law.
36. This agreement shall be governed by and construed in accordance with the laws of the State of California. The Client agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Fresno, State of California.
37. Within the limits of the approved scope and fee, Consultant may engage the services of any subconsultants when, in the Consultant's sole opinion, it is appropriate to do so. Such subconsultants may include testing laboratories, geotechnical engineers and other specialized consulting services deemed necessary by the Consultant to carry out the scope of the Consultant's services.
38. Consultant shall be entitled to immediately, and without notice, suspend the performance of any and all of its obligations pursuant to this agreement if Client files a voluntary petition seeking relief under the United States City of Mendota April 28, 2025
Mendota Water Treatment Plant Tank Replacement Project Page 6 of 6 Bankruptcy Code or if there is an involuntary bankruptcy petition filed against Client in the United States Bankruptcy Court, and that petition is not dismissed within fifteen (15) days of its filing. Any suspension of services made pursuant to the provisions of this paragraph shall continue until such time as this agreement has been fully and properly assumed in accordance with the applicable provisions of the United States Bankruptcy Code and in compliance with final order or judgment issued by the Bankruptcy Court.
39. This agreement shall not be construed to alter, affect or waive any design professional's lien, mechanic's lien or stop notice right, which Consultant may have for the performance of services pursuant to this agreement. Client agrees to provide to Consultant the current name and address of the record owner of the property upon which the project is to be located. Client also agrees to provide Consultant with the name and address of any and all lenders who may loan money on the project and who are entitled to receive a preliminary notice.
40. Consultant shall not be liable for damages resulting from the actions or inactions of governmental agencies including, but not limited to, permit processing, environmental impact reports, dedications, general plans and amendments thereto, zoning matters, annexations or consolidations, use or conditional use permits, project or plan approvals, and building permits. Client agrees that it is the responsibility of Client to maintain in good standing all governmental approvals or permits and to timely apply for any necessary extensions thereof.
41. Consultant and Client each agree to waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with paragraphs 26 through 31, except for termination expenses provided for in said paragraph 31. Client further agrees that to the fullest extent permitted by law, Consultant shall not be liable to Client for any special, indirect or consequential damages whatsoever, whether caused by Consultant's negligence, errors, omissions, strict liability, breach of contract, breach of warranty or other cause or causes whatsoever, including but not limited to, loss of use of equipment or facility, and loss of profits or revenue.
42. This Agreement is the entire Agreement between the Client and the Consultant. It supersedes all prior communications, understandings and agreements, whether oral or written. Amendments to this Agreement must be in writing and signed by both the Client and the Consultant.
Provost & Pritchard Engineering Group, Inc.,
dba Provost & Pritchard Consulting Group
Client/Agency
By By
Keith Mortensen, PE
Name Name
Director of Operations
Title Title
4/28/2025
Date Signed Date Signed
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: APPROVING THE PROPOSAL AND CONSULTANT SERVICES AGREEMENT FROM
PROVOST & PRITCHARD CONSULTING GROUP FOR THE ENGINEERING DESIGN OF
THE WESTSIDE SEWER INTERCEPTOR
DATE: MAY 6, 2025
ISSUE
Shall the City Council adopt Resolution No. 25-24, approving the Proposal and Consultant Services Agreement from Provost & Pritchard Consulting Group for the Engineering Design of the Westside Sewer Interceptor?
BACKGROUND
In 2021 the City of Mendota (“City”) adopted the Wastewater Master Plan (“WWMP”) that provides the City with information to plan the improvements needed to support the growth of the City. The City owns and maintains a sewer collection system that services the entire city with three (3) Collection Zones that funnel into two (2) primary trunk lines: the Southside Sewer Interceptor and the Westside Sewer Interceptor. The Southside Sewer Interceptor is fully bult, terminating at the prison. The Westside Sewer Interceptor was only partially built to support the Las Palmas development and currently ends to the north of the Las Palmas development, north of Castro Street. The WWMP identifies the extension of the Westside Sewer Interceptor as a critical capital improvement necessary to support the growth of the city to the west of Amador Avenue.
The design and cost implications of this extension has been a hurdle for potential developers and the City desires to take on the design of the extension to be able to determine a true cost to a developer to construct it, or to allow the City to obtain funding to construct it as a City project.
ANALYSIS
The proposal from the City Engineer, Provost & Pritchard Consulting Group has been reviewed and it is comprehensive to meet the current needs of the City.
FISCAL IMPACT
The fees for the professional design services will be paid out of the Water and Sewer Enterprise Fund. This project will not impact the General Fund.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 25-24, approving the Proposal and Consultant Services Agreement from Provost & Pritchard Consulting Group for the Engineering Design of the Westside Sewer Interceptor in total amount of $114,500.00. 2 Attachments:
1. Resolution No. 25-24
2. Exhibit “A” – Proposal
3. Exhibit “B” - Consultant Services Agreement
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 25-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA APPROVING
THE PROPOSAL AND CONSULTANT SERVICES AGREEMENT FROM PROVOST &
PRITCHARD CONSULTING GROUP FOR THE ENGINEERING DESIGN OF THE
WESTSIDE SEWER INTERCEPTOR
WHEREAS, the City of Mendota (“City”) owns and maintains a sewer collection system that service the entire city with three (3) Collection Zones that funnel into two (2) primary trunk lines: the Southside Sewer Interceptor and the Westside Sewer Interceptor; and
WHEREAS, the Westside Sewer Interceptor currently terminates along the northern property line of Las Palmas subdivision; and
WHEREAS, the City’s adopted Wastewater Master Plan identifies the extension of the Westside Interceptor as a capital improvement project to promote development to the west of Amador Avenue; and
WHEREAS, the City intends to retain the City Engineer, Provost & Pritchard Consulting Group, to provide engineering design services for preparation of construction level plans; and
WHEREAS, the City Engineer has submitted a Proposal and Consultant Services Agreement that is acceptable to the City staff.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota that the Consultant Services Agreement and Proposal submitted by Provost & Pritchard Consulting Group for the Engineering Design of the Westside Sewer Interceptor are hereby approved in substantially the forms attached hereto as Exhibit “A” and “B,” respectively, and that the City Manager, or his designee, is hereby authorized to execute all documents required to effect each agreement and to execute all documents necessary.
______________________________
Victor Martinez, Mayor
2 ATTEST:
I, Celeste Cabrera-Garcia, City Clerk of the City of Mendota, do hereby certify that the foregoing resolution was duly adopted and passed by the City Council at a regular meeting of said Council, held at the Mendota City Council Chambers located at 725 Riofrio Street, Mendota, California 93640, on the 6th day of May, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
EXHIBIT A
1518 Mill Rock Way, Suite 100, Bakersfield, CA 93311-1351 • Tel: (661) 616-5900 www.provostandpritchard.com
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/5fa81d9a-0af0-4a82-a7e1- aa6bf0d67e7d/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_95.ppeng.egnyte.com/20250306 Westside Sewer Interceptor Proposal Draft.docx Engineering • Structural • Geostructural • Surveying • Planning • Environmental • GIS • Construction Services • Hydrogeology • Consulting Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Riverside • Camarillo • Boise, ID March 21, 2025
Cristian Gonzalez
City of Mendota
643 Quince Street
Mendota, CA 93640
Subject: Engineering Services for the Westside Sewer Interceptor, Mendota, California Dear Cristian Gonzalez:
Thank you for the opportunity to submit this proposal to provide engineering services for the subject project.
This proposal discusses our understanding of the project, recommends a scope of services together with associated fees, deliverables and approximate schedules, sets forth our assumptions and discusses other services that may be of interest as the project proceeds.
PROJECT UNDERSTANDING
The City of Mendota (City) is a General Law City in western Fresno County, located at the intersection of State Routes 33 and 180, south of the San Joaquin River. Its population in the 2010 census was approximately 11,400 persons. The City provides a full range of public services including police protection, fire protection (via contract with Fresno County Fire Department), water, storm drainage, solid waste collection (via a franchise agreement with a private waste hauler), recreation, and the subject of this report, wastewater collection, treatment and disposal.
The City operates a wastewater treatment plant (WWTP) located northeast of the City along the west bank of the Fresno Slough. The WWTP provides secondary treatment with no disinfection of effluent, which is common to many of the small cities in the San Joaquin Valley.
Wastewater is collected in a network of gravity sewers, which converge at the influent lift station at the WWTP. After treatment, effluent is disposed into a series of earthen lagoons. Effluent is allowed to evaporate and percolate. Because of very limited soil permeability and a shallow perched groundwater aquifer less than 10 percent of effluent actually percolates, while the balance evaporates. The relatively large size of the earthen lagoons allows for water to be stored over winter when evaporation rates are reduced.
The storage space is recovered when evaporation increases during the summer months. There is currently no discharge of effluent to any location outside the WWTP site.
On August 11, 2009 the City adopted a General Plan Update for the years 2005-2025 to outline the framework for planning the future of the City. In March 2021, the City adopted an update to the 2009 Wastewater Master Plan. The 2021 Wastewater Master Plan (WWMP) was prepared to provide City with information needed to plan the improvements and financing needed to keep the City’s wastewater collection, treatment and disposal facilities updated for reliable service and to provide adequate system capacity to support the City’s growing population.
City of Mendota March 21, 2025
Westside Sewer Interceptor Page 2 of 6
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/5fa81d9a-0af0-4a82-a7e1- aa6bf0d67e7d/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_95.ppeng.egnyte.com/20250306 Westside Sewer Interceptor Proposal Draft.docx The City’s sanitary sewer collection system services the entire City with three (3) Collection Zones that funnel into two (2) primary trunk lines: the Southside Sewer Interceptor and the Westside Sewer Interceptor.
The Westside Sewer Interceptor, originates as a 24” pipe near the intersection of Castro Street and what was intended to be a roadway along the McKinley Avenue alignment north of the Las Palmas subdivision. This line runs east to where it merges with the Las Palmas sewer at the northeast corner of the Las Palmas Storm Drainage basin and then heads northeasterly across the railroad tracks and State Route 33, continuing northeasterly in Bass Avenue to a location just north of H Street where sewage from the majority of the City enters the pipe. From there, the pipe increases to a 30-inch pipe and continues ½-mile in Bass Avenue to the abandoned Bass Avenue Lift Station where the line turns, flows east under the San Luis Drain and continues parallel to and on the east side of the San Luis Drain until it merges with the Southside Sewer Interceptor and discharges into the WWTP.
One of the capital improvement projects (CIPs) identified in the WWMP is the extension of the Westside Sewer Interceptor. The extension proposed to extend the sewer interceptor. The WWTP proposes to extend the Westside Sewer Interceptor from it’s existing upstream manhole near the intersection of Castro Street and McKinley Avenue approximately 1,000 linear feet to the west to Amador Avenue and about 5,200 linear feet to the south to Belmont Avenue with 15-inch and 12-inch sewer mains, respectively.
The City requested Provost & Pritchard Consulting Group (Provost & Pritchard) to prepare a proposal for the design of the Westside Sewer Interceptor improvements described above. The WWMP details the design criteria for the proposed Westside Sewer Interceptor improvements including pipe material, pipeline minimum slopes, manholes and other sewer main appurtenances.
SCOPE OF SERVICES
Our proposed scope of work for this proposal is segregated into several phases, described below.
PHASE SUR: TOPOGRAPHIC SURVEY
Provost & Pritchard surveyors will conduct a topographic survey that will include:
• Preparation of a field package with topographic limits. • Topographic survey of visible surface topographic and utility features, at the time of the survey, within the project area.
• Process and review topographic data.
• Prepare CAD drawing deliverable.
Provost & Pritchard surveyors will conduct a right-of-way and boundary survey along the approximate alignment. The right-of-way and boundary survey will include:
• Review record data provided by the Client and available on Fresno County’s website. • Prepare right-of-way and boundary search field package. • Perform a right-of-way and boundary survey.
• Prepare right-of-way and boundary CAD file.
• Review the boundary and incorporate in the CAD drawing City of Mendota March 21, 2025
Westside Sewer Interceptor Page 3 of 6
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/5fa81d9a-0af0-4a82-a7e1- aa6bf0d67e7d/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_95.ppeng.egnyte.com/20250306 Westside Sewer Interceptor Proposal Draft.docx PHASE GEO: GEOTECHNICAL INVESTIGATION
Provost & Pritchard will hire a subconsultant, BSK Associates, Inc., to perform a geotechnical investigation along the project alignment. The investigation will include:
• Field exploration at the project site, laboratory testing, and preparation of a report to provide geotechnical engineering recommendations
• Field exploration will include:
o For the proposed pipeline alignment: up to six (6) test borings to a depth of approximately 20-feet in depth, or refusal
o Drill holes will be backfilled with soil cuttings and patched with cold patch or tinted black quickrete (as needed).
o Mark the boring limits and notify the Underground Service Alert (USA) to determine if the test borings will conflict with any utilities
▪ Ground penetrating radar may be used to further identify potential underground utilities.
• Laboratory testing will include testing for in-situ density, moisture content, collapse/consolidation potential, direct shear, expansion index, and corrosion potential or as recommended by a geotechnical engineer.
• The report will summarize field exploration, laboratory testing, and geotechnical recommendations.
DELIVERABLES:
• Geotechnical report
PHASE DES: DESIGN PHASE SERVICES
The initial design effort will build on information collected during the survey and geotechnical phases. Draft design documents, including draft construction plans and an engineer’s estimate of probable construction cost (EOPCC), prepared to a 60% design level will be prepared first, including the following components:
• Coordination of staffing for the project, maintenance of project budget and schedule, internal meetings, invoicing, and project correspondence.
• Attendance of a project kickoff meeting with the design team and appropriate City staff. • Project administration will last for the estimated duration of the project which is assumed to be 6 months.
• Utility and background research
• Draft construction plans showing the sewer mains, manholes, and associated appurtenances. The plans are anticipated to include:
o General Sheets including Cover, Notes and Legend – 3 sheets o Plan and profile sheets – up to 7 sheets
o Detail sheet – 1 sheet
• A draft EOPCC for the 60% design.
The 60% draft documents will be submitted to the City, the Central Valley Regional Water Quality Control Board (CVRWQCB) for review and comment.
Once all the agencies’ comments have been received, Provost & Pritchard will conduct a design review workshop meeting with the City to review comments and address questions. The information gathered from City of Mendota March 21, 2025
Westside Sewer Interceptor Page 4 of 6
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/5fa81d9a-0af0-4a82-a7e1- aa6bf0d67e7d/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_95.ppeng.egnyte.com/20250306 Westside Sewer Interceptor Proposal Draft.docx the review comments and in the review workshop will be used to update the 60% documents to the 100% design level (final construction documents). When complete, the final construction documents will be submitted to the City for final review. Upon acceptance by the City, signed plans will be submitted for bidding purposes.
DELIVERABLES:
• 60% draft design documents
• 100% final construction documents
PROFESSIONAL FEES
Provost & Pritchard will perform the services on a time and materials basis, in accordance with our Standard Fee Schedule in effect at the time services are rendered. These fees will be invoiced monthly as they are accrued, and our total fees, including reimbursable expenses, will not exceed our estimate without additional authorization.
PROPOSED FEE
PHASE ESTIMATED FEE
Phase SUR – Topographic Survey $25,000
Phase GEO – Geotechnical Investigation $24,500
Phase DES – Design Phase Services $65,000
Total Estimated Fee: $114,500
The line items shown above are estimates and are not intended to limit billings for any given Phase. Required phase effort may vary up or down from the line-item estimates shown, however total billings will not exceed the total shown without additional authorization. If the scope changes materially from that described above, as a result of any agency’s decision or because of design changes requested by the Owner, we will prepare a revised estimate of our fees for your approval before we proceed.
SCHEDULE
Once we receive an executed copy of this Proposal together with the signed Consultant Services Agreement and are authorized to proceed, Proovst & Pritchard will work with the City to prepare a mutually agreeable schedule. We anticipate that the overall project will take up to six (6) months. Agency review periods are beyond our control. Subsequent phases may not be able to proceed until all agency comments are received.
ASSUMPTIONS
The services listed above are based on the following assumptions:
• Items to be provided by the client:
o Title report and vesting deeds for parcels impacted by the alignment. o Adjoining deeds
• The topographic survey will be performed using a mix of conventional, GPS, and UAV methods. • Site access will be coordinated by the City.
• Sewer facilities will be at ground surface, visible, and otherwise accessible. • Agriculture fields are in a condition that airborne LiDAR can be used as a mapping method.
City of Mendota March 21, 2025
Westside Sewer Interceptor Page 5 of 6
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/5fa81d9a-0af0-4a82-a7e1- aa6bf0d67e7d/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_95.ppeng.egnyte.com/20250306 Westside Sewer Interceptor Proposal Draft.docx • No easement or dedication documents will be prepared or provided. • No parcel line adjustments or lot mergers will be prepared. • No GPR or underground mark and locating will be performed by Provost & Pritchard. The geotechnical subconsultant will coordinate utility marking and locating. • Provost & Pritchard will not prepare corner records or a Record of Survey. If a Record of Survey is required pursuant to Section 8762 of the California Business and Professions Code, the City will be notified, and work will be performed on a time and materials basis. • The design document preparation will be overseen by a California licensed professional engineer and QA/QC reviews will be conducted at each design-level interval by a Principal Engineer not directly connected to the project on a day-to-day basis.
• The pipelines and manholes will be located within existing public rights-of-way and will be permitted for construction.
• City staff will be responsible for coordinating and processing easements if required for pipelines outside of City rights-of-way.
• Plan check and permit fees are not included with this proposal. • Design of new lift stations are not included with this proposal • City standards will be incorporated in the project design and contract documents. • Preparation of project specifications (Divisions 00 – 46) are not included with this proposal, at the direction of City staff.
• It is assumed that CVRWQCB and DFA require 4 weeks to review submittal documents. • It is assumed there will only be one set of review comments per Project submittal. Additional resubmittals may require a contract amendment. • Consultant’s opinion of probable construction costs is based on the Consultant's experience and qualifications and represents Consultant's best judgment as to the probable construction costs.
However, since Consultant has no control over costs or the price of labor, equipment or materials, or over the contractor's method of pricing, such opinions of probable construction costs do not constitute representations, warranties or guarantees of the accuracy of such opinions, as compared to bid or actual costs.
• Submittals will be submitted in electronic pdf format. If CAD files or hard copies are requested, a contract amendment may be required.
• Provost & Pritchard CAD standards will be utilized to develop the project in AutoCAD Civil3D (current version).
• Assumed plan view drawings are assumed to be drawn at 40-scale requiring approximately 11 sheets. Any need to use a smaller scale (20 or 30 scale) would increase the sheet count considerably, requiring a contract amendment.
ADDITIONAL SERVICES
The following services are not included in this proposal, however, these and others can be provided at additional cost, upon request.
• Preparation of front end and technical specifications. • CEQA/NEPA document preparation
• Bid phase services
• Construction phase services
• Prepare, file, and monitor SWPPP
City of Mendota March 21, 2025
Westside Sewer Interceptor Page 6 of 6
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/5fa81d9a-0af0-4a82-a7e1- aa6bf0d67e7d/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_95.ppeng.egnyte.com/20250306 Westside Sewer Interceptor Proposal Draft.docx • Traffic control plan preparation
• Provide CAD files and/or hard copies of design and record drawings • Easement and dedication documents
• Parcel line adjustments and lot mergers
• Record of survey and corner records
TERMS AND CONDITIONS
In order to convey a clear understanding of our mutual responsibilities under this proposal (or amendment), our standard Consultant Services Agreement is attached. Please sign both of these documents and mail or email a copy to our office. These documents will serve as our Notice to Proceed. This proposal is valid for 30 days from the date above.
.
Respectfully,
Provost & Pritchard Consulting Group
Nicholas Jacobson, RCE 84909 Heather Bashian, RCE 73075 Project Manager Director of Operations
EXHIBIT B
455 W Fir Ave • Clovis, CA 93611 • (559) 449-2700
www.provostandpritchard.com
Engineering • Structural • Geostructural • Surveying • Planning • Environmental • GIS • Construction Services • Hydrogeology • Consulting Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Boise, ID
CONSULTANT SERVICES AGREEMENT
CSA NO: 25-209
City of Mendota 25-209
Client/Agency Proposal No.
Cristian Gonzalez (559) 655-3291 x 105
Attention Telephone
City of Mendota (559) 655-4064
Bill to Fax
643 Quince Street [email protected]
Billing Address Email
Mendota, CA 93640
City, Zip Code
Westside Sewer Interceptor Mendota, CA
Project Title Location
DESCRIPTION OF SERVICES
Provide Engineering Services for the Westside Sewer Interceptor, in Mendota, California, see attached proposal, dated March 21, 2025.
The provisions set forth below and on the following paragraphs 1 through 42 are incorporated into and made a part of this Agreement. In signing, the Client acknowledges that they have read and approved all such terms and hires Provost & Pritchard Engineering Group, Inc., dba Provost & Pritchard Consulting Group, (Consultant) to perform the above described services.
TERMS AND CONDITIONS
Client and Consultant agree that the following terms and conditions shall be part of this agreement:
1. In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. The Consultant makes no warranty, express or implied, as to its professional services rendered under this Agreement.
2. Client acknowledges that Consultant is not responsible for the performance of work by third parties including, but not limited to, the construction contractor and its subcontractors.
3. Client agrees that if Client requests services not specified in the scope of services described in this agreement, Client will pay for all such additional services as extra services, in accordance with Consultant's billing rates utilized for this contract.
DOCUMENTS
4. Client acknowledges that all reports, plans, specifications, field data and notes and other documents, including all documents on electronic media, prepared by Consultant (collectively Work Product) are instruments of service which shall remain the property of Consultant and may be used by Consultant without the consent of Client. Consultant shall retain all common law, statutory law and other rights, including copyrights. Consultant grants Client a perpetual, royalty-free fully paid-up, nonexclusive and irrevocable license to copy, reproduce perform, dispose of, use and reProject Manager: NJ Prepared by: JEB
City of Mendota April 28, 2025
Westside Sewer Interceptor Page 2 of 6
Job No.: 25-209
use the Work Product in connection with the Project, in whole or in part, and to authorize others to do so for the benefit of Client. Client acknowledges that its right to utilize Work Product pursuant to this agreement will continue only so long as Client is not in default, pursuant to the terms and conditions of this agreement, and Client has performed all its obligations under this agreement.
5. Client agrees not to reuse Work Product, in whole or in part, for any project other than the project that is the subject of this agreement. Client further agrees to waive all claims against Consultant resulting in any way from any unauthorized changes or unauthorized reuse of the Work Product for any other project by anyone on Client’s behalf.
Client agrees not to use or permit any other person to use versions of Work Product which are not final and which are not signed and stamped or sealed by Consultant. Client shall be responsible for any such use of non-final Work Product. Client hereby waives any claim for liability against Consultant for use of non-final Work Product. If a reviewing agency requires that check prints be submitted with a stamp or seal, those shall not be considered final for purposes of this paragraph.
6. In the event Client (1) makes, agrees to, authorizes, or permits changes in Work Product, or (2) makes, agrees to, authorizes, or permits construction of such unauthorized changes, which changes are not consented to in writing by Consultant, or (3) does not follow recommendations prepared by Consultant pursuant to this agreement, resulting in unauthorized changes to the project, Client acknowledges that the unauthorized changes and their effects are not the responsibility of Consultant. Client agrees to release Consultant from all liability arising from such unauthorized changes, and further agrees to defend, indemnify and hold harmless Consultant, its officers, directors, employees and subconsultants from and against all claims, demands, damages or costs, including attorneys' fees, arising from such changes.
7. Under no circumstances shall delivery of Work Product for use by the Client be deemed a sale by the Consultant, and the Consultant makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the Consultant be liable for indirect or consequential damages as a result of the Client’s unauthorized use or reuse of the Work Product.
8. The Client is aware that differences may exist between electronic files delivered and the printed hard-copy construction documents. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed sealed hard-copy documents shall govern.
LIMITATIONS
9. Consultant makes no representations concerning soils or geological conditions unless specifically included in writing in this agreement, or by amendments to this agreement. If Consultant recommends that Client retain the services of a Geotechnical Engineer and Client chooses to not do so, Consultant shall not be responsible for any liability that may arise out of the making of or failure to make soils or geological surveys, subsurface soils or geological tests, or general soils or geological testing.
10. Client acknowledges that, unless specifically stated to the contrary in the proposal’s description of services to be provided, Consultant's scope of services for this project does not include any services related in any way to asbestos and/or hazardous or toxic materials. Should Consultant or any other party encounter such materials on the job site, or should it in any other way become known that such materials are present or may be present on the job site or any adjacent or nearby areas which may affect Consultant's services, Consultant may, at its option, suspend or terminate work on the project until such time as Client retains a qualified contractor to abate and/or remove the asbestos and/or hazardous or toxic materials and warrant that the job site is free from any hazard which may result from the existence of such materials.
INDEMNIFICATION
11. To the fullest extent allowed by law, Consultant will indemnify and hold harmless, but shall have no duty to defend Client, its officers, directors, employees, and agents (collectively, the "Client indemnities") from, for and against any and all claims, demands, damages, losses, expenses, liabilities, and penalties arising out of or relating to the Project, but only to the extent caused by the negligent or other wrongful acts or omissions of Consultant, its subconsultants, or any person or entity for whose acts or omissions any of them are responsible, or by the failure of any such party to perform as required by this Agreement. To the fullest extent allowed by law, Client will indemnify and hold harmless, but shall have no duty to defend Consultant and its officers, directors, employees and agents from, for and against any and all claims, demands, damages, losses, expenses, liabilities and penalties arising out of or relating to the Project, but only to the extent caused by the negligent or other wrongful acts or omissions of Client or any person City of Mendota April 28, 2025
Westside Sewer Interceptor Page 3 of 6
Job No.: 25-209
or entity for whose acts or omissions it is responsible, or by the failure of any such party to perform as required by this Agreement. The obligations and rights of this Section are in addition to other obligations and rights of indemnity provided under this Agreement or applicable law.
FINANCIAL
12. All fees and other charges due Consultant will be billed monthly and shall be due at the time of billing unless specified otherwise in this agreement. If Client fails to pay Consultant within sixty (60) days after invoices are rendered, Consultant shall have the right in its sole discretion to consider such default in payment a material breach of this entire agreement, and, upon written notice, Consultant's duties, obligations and responsibilities under this agreement may be suspended or terminated for cause pursuant to Sections 26 through 31. In such event, Client shall promptly pay Consultant for all outstanding fees and charges due Consultant at the time of suspension or termination including all costs and expenses incurred in the performance of services up to suspension or termination.
13. Consultant shall not be liable to Client for any costs or damages that may result from the termination or suspension of services under this agreement due to Client’s failure to pay Consultant invoices in accordance with the terms of this paragraph. In the event that Consultant agrees to resume terminated or suspended services after receiving full payment of all late invoices, Client agrees that time schedules and fees, as applicable, related to the services will be equitably adjusted to reflect any delays or additional costs caused by the termination or suspension of services.
14. In all cases where the proposal calls for payment of a retainer, that payment shall be made by Client to Consultant prior to commencement of services under this agreement. Upon receipt of retainer payment, the Consultant shall commence services as provided for under this Agreement. Unless otherwise provided for in the project proposal, such retainer shall be held by Consultant throughout the duration of the contract, and shall be applied to the final project invoice, and to any other outstanding AR, including late payment charges, on the project. Any amount of said retainer in excess of the final invoice and other outstanding AR shall be returned to the Client within 30 days of issuance of the final project invoice.
15. Client agrees that all billings from Consultant to Client will be considered correct and binding on Client unless Client, within ten (10) days from the date of receipt of such billing, notifies Consultant in writing of alleged inaccuracies, discrepancies, or errors in billing. In the event of a dispute over any billing or portion of billing, Client agrees to pay the undisputed portion of any billings in accordance with the payment terms set forth in Section 12.
16. Client agrees to pay a monthly late payment charge, which will be the lesser of one and one half percent (1-1/2%) per month or a monthly charge not to exceed the maximum legal rate, which will be applied to any unpaid balance commencing thirty (30) days after the date of the billing. Client acknowledges that payments applied first to unpaid late payment charges and then to unpaid balances of invoices.
17. In the event Consultant's fee schedule changes due to any increase of costs such as the granting of wage increases and/or other employee benefits to field or office employees or any taxes or fees imposed by local, state, or federal government on consultants’ fees during the lifetime of this agreement, the new fee schedule shall apply to all subsequent work on time-and-materials contracts.
18. If payment for Consultant's services is to be made on behalf of Client by a third party lender, Client agrees that Consultant shall not be required to indemnify the third party lender, in the form of an endorsement or otherwise, as a condition to receiving payment for services. Client agrees to reimburse Consultant for all collection agency fees, legal fees, court costs, reasonable consultant staff costs and other expenses paid or incurred by Consultant in the event that collection efforts become necessary to enforce payment of any unpaid billings due to Consultant in connection with the services provided in this agreement.
LIMITATION OF LIABILITY
19. Notwithstanding any other provisions of this Agreement to the contrary, the aggregate liability of the Consultant under this Agreement, whether for breach of contract, tort, strict liability or any other legal theory, will not exceed the total amount of Consultant's compensation for performing services under this Agreement or $50,000, whichever is greater, however this limitation of Consultant's liability does not apply to third-party claims, or to the Client's reasonable attorneys' fees and expert witnesses' fees and litigation expenses arising out of or related to such thirdparty claims for which Consultant is liable.
City of Mendota April 28, 2025
Westside Sewer Interceptor Page 4 of 6
Job No.: 25-209
DISPUTE RESOLUTION
20. In an effort to resolve any conflicts or disputes that arise regarding performance under this agreement by either party, Client and Consultant agree that all such disputes shall be submitted to nonbinding mediation, using a mutually agreed upon mediation services experienced in the resolution of construction disputes. Unless the parties mutually agree otherwise, such mediation shall be a pre-condition to the initiation of any litigation. The parties further agree to include a similar mediation provision in their agreements with other independent contractors and consultants retained for the project and require them to similarly agree to these dispute resolution procedures. This provision shall not be interpreted to restrict the right of either party to file an action in a court of law, in the County of Fresno, State of California, having appropriate jurisdiction or to preclude or limit the Consultant’s right to record, perfect or to enforce any applicable lien or Stop Notice rights.
CONSTRUCTION PROJECTS
21. If the scope of services contained in this agreement does not include construction phase services for this project, Client agrees that such construction phase services will be provided by Client or by others. Client assumes all responsibility for interpretation of the contract documents and for construction observation and supervision and waives any claim against Consultant that may in any way be connected thereto. In addition, Client agrees to indemnify and hold Consultant harmless from any loss, claim, or cost, including reasonable attorneys' fees and costs of defense, arising or resulting from the performance of such services by other persons or entities and from any and all claims arising from the modification, clarification, interpretation, adjustments or changes made to the contract documents to reflect changed field or other conditions, except for claims arising from the negligence or other wrongful acts of Consultant, its employees, its subconsultants, or any other person or entity for which Consultant is responsible.
22. Client agrees to include provisions in its contract with the construction contractor to the effect that in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property, and that this requirement shall apply continuously and not be limited to normal working hours.
Neither the professional activities of Consultant nor the presence of Consultant or its employees or subconsultants at a construction site shall relieve the contractor and its subcontractors of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and applicable health or safety requirements of any regulatory agency or of state law.
23. Client agrees to require its contractor and subcontractors to review the plans, specifications and documents prepared by Consultant prior to the commencement of construction phase work. If the contractor and/or subcontractors believe there are deficiencies, conflicts, errors, omissions, code violations, or other deficiencies in the plans, specifications and documents prepared by Consultant, contractors shall notify Client so those deficiencies may be corrected or otherwise addressed by Consultant prior to the commencement of construction phase work.
24. If, during the construction phase of the project, Client discovers or becomes aware of changed field or other conditions which necessitate clarifications, modifications or other changes to the plans, specifications, estimates or other documents prepared by Consultant, Client agrees to notify Consultant and, at Client’s option, retain Consultant to prepare the necessary changes or modifications before construction activities proceed. Further, Client agrees to require a provision in its construction contracts for the project which requires the contractor to promptly notify Client of any changed field or other conditions so that Client may in turn notify Consultant pursuant to the provisions of this paragraph.
25. If, due to the Consultant's error, omission or negligence, a required item or component of the Project is omitted from the Consultant's construction documents, the Consultant shall not be responsible for paying the cost required to add such item or component to the extent that such item or component would have been required and included in the original construction documents. The Consultant will not be responsible for any cost or expense that enhances the value of the Project.
SUSPENSION AND TERMINATION
26. If the Project or the Consultant’s services are suspended by the Client for more than thirty (30) consecutive calendar days, the Consultant shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the Client shall compensate the City of Mendota April 28, 2025
Westside Sewer Interceptor Page 5 of 6
Job No.: 25-209
Consultant for expenses incurred as a result of the suspension and resumption of its services, and the Consultant’s schedule and fees for the remainder of the Project shall be equitably adjusted.
27. If the Consultant’s services are suspended for more than ninety (90) days, consecutive or in the aggregate, the Consultant may terminate this Agreement upon giving not less than five (5) calendar days’ written notice to the Client.
28. If the Client is in breach of the payment terms or otherwise is in material breach of this Agreement, the Consultant may suspend performance of services upon five (5) calendar days’ notice to the Client. The Consultant shall have no liability to the Client, and the Client agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the Client. Upon receipt of payment in full of all outstanding sums due from the Client, or curing of such other breach that caused the Consultant to suspend services, the Consultant shall resume services, and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension.
29. Client acknowledges Consultant has the right to complete all services included in this agreement. In the event this agreement is terminated before the completion of all services, unless Consultant is responsible for such early termination, Client agrees to release Consultant from all liability for services not performed or completed by Consultant and from liability for any third-party reliance, use, interpretation or extrapolation of Consultant’s work product. In the event all or any portion of the services by Consultant are suspended, abandoned, or otherwise terminated, Client shall pay Consultant all fees and charges for services provided prior to termination, not to exceed the contract limits specified herein, if any. Client acknowledges if the project services are suspended and restarted, there will be additional charges due to suspension of the services which shall be paid for by Client as extra services pursuant to Section 26. Client acknowledges if project services are terminated for the convenience of Client, Consultant is entitled to reasonable termination costs and expenses, to be paid by Client as extra services pursuant to Section 31.
30. The Client may terminate this Agreement for the Client's convenience and without cause upon giving the Consultant not less than seven (7) calendar days' written notice.
31. In the event of termination of this Agreement by either party, Consultant shall invoice Client for all outstanding services and expenses reasonably incurred by the Consultant in connection with the orderly termination of this Agreement, including but not limited to demobilization, reassignment of personnel, associated overhead costs and all other expenses directly resulting from the termination. The Client shall within thirty (30) calendar days of termination pay the Consultant for all services rendered and all reimbursable costs incurred by the Consultant up to the date of termination, in accordance with the payment provisions of this Agreement.
OTHER
32. This agreement shall be binding upon the heirs, executors, administrators, successors and assigns of Client and Consultant.
33. This agreement shall not be assigned by either Client or Consultant without the prior written consent of the other.
34. Consultant's or Client's waiver of any term, condition or covenant shall not constitute the waiver of any other term, condition or covenant. Consultant's or Client's waiver of any breach of this agreement shall not constitute the waiver of any other breach of the Agreement.
35. Client and Consultant agree that if any term or provision of this Agreement is determined to be illegal, in conflict with any law, void or otherwise unenforceable, and if the essential terms and provisions of this Agreement remain unaffected, then the validity of the remaining terms and provisions will not be affected and the offending provision will be given the fullest meaning and effect allowed by law.
36. This agreement shall be governed by and construed in accordance with the laws of the State of California. The Client agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Fresno, State of California.
37. Within the limits of the approved scope and fee, Consultant may engage the services of any subconsultants when, in the Consultant's sole opinion, it is appropriate to do so. Such subconsultants may include testing laboratories, geotechnical engineers and other specialized consulting services deemed necessary by the Consultant to carry out the scope of the Consultant's services.
City of Mendota April 28, 2025
Westside Sewer Interceptor Page 6 of 6
Job No.: 25-209
38. Consultant shall be entitled to immediately, and without notice, suspend the performance of any and all of its obligations pursuant to this agreement if Client files a voluntary petition seeking relief under the United States Bankruptcy Code or if there is an involuntary bankruptcy petition filed against Client in the United States Bankruptcy Court, and that petition is not dismissed within fifteen (15) days of its filing. Any suspension of services made pursuant to the provisions of this paragraph shall continue until such time as this agreement has been fully and properly assumed in accordance with the applicable provisions of the United States Bankruptcy Code and in compliance with final order or judgment issued by the Bankruptcy Court.
39. This agreement shall not be construed to alter, affect or waive any design professional's lien, mechanic's lien or stop notice right, which Consultant may have for the performance of services pursuant to this agreement. Client agrees to provide to Consultant the current name and address of the record owner of the property upon which the project is to be located. Client also agrees to provide Consultant with the name and address of any and all lenders who may loan money on the project and who are entitled to receive a preliminary notice.
40. Consultant shall not be liable for damages resulting from the actions or inactions of governmental agencies including, but not limited to, permit processing, environmental impact reports, dedications, general plans and amendments thereto, zoning matters, annexations or consolidations, use or conditional use permits, project or plan approvals, and building permits. Client agrees that it is the responsibility of Client to maintain in good standing all governmental approvals or permits and to timely apply for any necessary extensions thereof.
41. Consultant and Client each agree to waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with paragraphs 26 through 31, except for termination expenses provided for in said paragraph 31. Client further agrees that to the fullest extent permitted by law, Consultant shall not be liable to Client for any special, indirect or consequential damages whatsoever, whether caused by Consultant's negligence, errors, omissions, strict liability, breach of contract, breach of warranty or other cause or causes whatsoever, including but not limited to, loss of use of equipment or facility, and loss of profits or revenue.
42. This Agreement is the entire Agreement between the Client and the Consultant. It supersedes all prior communications, understandings and agreements, whether oral or written. Amendments to this Agreement must be in writing and signed by both the Client and the Consultant.
City of Mendota
Provost & Pritchard Engineering Group, Inc.,
dba Provost & Pritchard Consulting Group
Client/Agency
By By
Cristian Gonzalez Heather Bashian, RCE 73075
Name Name
City Manager Director of Operations
Title Title
4/28/2025
Date Signed Date Signed
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 25-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA APPROVING
THE PROPOSAL AND CONSULTANT SERVICES AGREEMENT FROM PROVOST &
PRITCHARD CONSULTING GROUP FOR THE PREPARATION OF A FOCUSED
GENERAL PLAN UPDATE
WHEREAS, the City of Mendota (“City”) General Plan was last comprehensively updated in 2009; and
WHEREAS, an update to the General Plan is an opportunity to bring the General Plan into conformance with new legislative requirements; and WHEREAS, maintaining a compliant General Plan allows the City to remain eligible for full access to a variety of funding sources; and WHEREAS, the City intends to retain Provost & Pritchard Consulting Group to prepare a focused General Plan Update; and
WHEREAS, Provost & Pritchard Consulting Group has submitted a Proposal and Consultant Services Agreement that is acceptable to the City staff.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota that the Consultant Services Agreement and Proposal submitted by Provost & Pritchard Consulting Group for the preparation of a focused General Plan Update are hereby approved in substantially the forms attached hereto as Exhibit “A” and “B,” respectively, and that the City Manager, or his designee, is hereby authorized to execute all documents required to effect each agreement and to execute all documents necessary.
______________________________
Victor Martinez, Mayor
2 ATTEST:
I, Celeste Cabrera-Garcia, City Clerk of the City of Mendota, do hereby certify that the foregoing resolution was duly adopted and passed by the City Council at a regular meeting of said Council, held at the Mendota City Council Chambers located at 725 Riofrio Street, Mendota, California 93640, on the 6th day of May, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
EXHIBIT A
455 W Fir Ave • Clovis, CA 93611 • (559) 449-2700
www.provostandpritchard.com
Engineering • Structural • Geostructural • Surveying • Planning • Environmental • GIS • Construction Services • Hydrogeology • Consulting Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Boise, ID April 17, 2025
Cristian Gonzalez
City of Mendota
643 Quince Street
Mendota, CA 93640
Subject: Proposal to Prepare a Focused General Plan Update, City of Mendota, California Dear Mr. Gonzalez:
Thank you for the opportunity to submit this proposal to work with the City of Mendota on a focused update to the General Plan. This proposal discusses our understanding of the project, recommends a scope of services together with associated fees, deliverables, and approximate schedules.
PROJECT UNDERSTANDING
The City of Mendota General Plan was last comprehensively updated in 2009. The vision, land uses, goals, and policies identified in the Plan have remained relevant and continue to serve the community well. However, in the last 15 years, State general plan regulations have evolved significantly. An update to the General Plan is an opportunity to bring the General Plan into conformance with new legislative requirements. Maintaining a compliant General Plan allows the City to remain eligible for full access to a variety of funding sources.
This proposal is focused on bringing the City’s General Plan into compliance with State law through review and updates, as needed, to General Plan policies. The approach assumes that no land use changes will be required to respond to new State requirements.
PROJECT APPROACH
Our proposed scope of work takes into consideration our experience preparing general plan policies designed to comply with recent State requirements, including for the safety and environmental justice elements. It also reflects our experience functioning as planning staff for various communities within the San Joaquin Valley, including the City of Mendota. Key features and strategies of our approach are outlined below.
BUILD ON RECENT PLANNING EFFORTS
Fresno County has prepared a Multi-Jurisdictional Hazard Mitigation Plan (HMP), of which the City is a participating agency. With the adoption of the HMP there is an opportunity to streamline the level of effort required by the City to respond to new safety element requirements. A preliminary review of the HMP document indicates that many, if not all, of the safety element legislative requirements have been addressed.
This includes climate adaptation, fire hazard, and flooding requirements.
Our project approach includes a more detailed review of the HMP to determine what requirements have already been satisfied for the City and what additional actions, if any, are needed to ensure the Mendota General Plan is in compliance with recent safety element requirements. The level of effort in this scope of work City of Mendota April 17, 2025
Focused General Plan Update Letter Proposal Page 2 of 10 Job No.: 24-292
accommodates updated mapping and revisions to the element to reflect current conditions, if necessary, but assumes that many of the State requirements are covered within the HMP.
TAILORED ENVIRONMENTAL JUSTICE MAPPING ANALYSIS
While CalEnviroScreen is a useful tool for establishing a community’s level of environmental burden in relation to other communities throughout California, there are some limitations to the tool. Since data is collected and analyzed at the census tract level, it may not fully represent the nuanced issues faced by communities that have relatively large or aggregated census tracts, such as the census tracts in Mendota.
Our project approach includes a more comprehensive, customized, and local analysis of environmental justice issues facing the City, which includes conducting a mapping exercise to consider additional indicators of equity, such as access to parks and open space as well as access to health care facilities.
IMPLEMENTATION PLAN
The 2009 General Plan intended to include an Implementation Plan but content was not adopted as part of the General Plan update process. Provost & Pritchard will identify action items from the existing policies and draft an implementation chapter for inclusion in the General Plan. The implementation chapter will identify the relevant action items and discuss the implementation timeframe, responsibilities, and monitoring.
STREAMLINED ENVIRONMENTAL REVIEW
We do not anticipate that any land use changes to the Mendota General Plan would be required to respond to State legislative requirements. Therefore, Provost & Pritchard’s project approach assumes that a General Plan Consistency Exemption in accordance with California Environmental Quality Act (CEQA) Section 15183 would be an appropriate determination for this effort.
Provost & Pritchard also recognizes the importance of initiating requests for tribal consultation early, due to the length of the required consultation request timelines under Senate Bill (SB) 18. Our approach initiates this request for consultation early in the process so that the statutory timeline does not delay the overall project timeline.
Recognizing the ongoing efforts for the Mendota Airport Concept Land Use Plan and the potential for land use changes for that property, should the City wish to integrate land use designation changes into this focused General Plan Update effort, additional environmental review will be required. Provost & Pritchard can provide a separate scope and fee proposal to address land use designation changes as part of the General Plan Update, including preparation of the applicable environmental review, upon request.
STAFFING
Provost & Pritchard has assembled the following key staff to prepare the focused Mendota General Plan update. They have been selected based on their relevant experience and will be integrally involved in the management and preparation of deliverables throughout the General Plan update. Additional staff resources may be used, as needed.
City of Mendota April 17, 2025
Focused General Plan Update Letter Proposal Page 3 of 10 Job No.: 24-292
SARA ALLINDER, AICP
ROLE: PROJECT DIRECTOR
Sara Allinder is a Principal Planner with Provost & Pritchard and has 23 years of experience in the field of planning in both the private and public sectors. During her career she has been involved in and led the preparation of comprehensive and focused general plan updates as well as development code updates. She also has experience implementing policies and zoning ordinances through contract staffing positions and remains engaged in the processing of entitlement applications. Ms. Allinder has facilitated numerous public meetings, including outreach events designed as part of general plan updates, development code updates, and other special projects.
Relevant Experience
• City of Porterville Public Health & Safety and Environmental Justice Elements (Focused General Plan Update), Project Manager – adopted September 2024
• City of Kingsburg Safety and Environmental Justice Elements (Focused General Plan Update), Project Manager – in process
• City of Modesto Comprehensive General Plan Update, Assistant Project Manager – in process • City of Fowler Comprehensive General Plan Update, Project Manager – adopted April 2023 • City of Elk Grove Comprehensive General Plan, Assistant Project Manager – adopted 2019
MORGAN WRIGHT
ROLE: PROJECT MANAGER AND LEAD PLANNER
Morgan Wright, an Associate Planner with Provost & Pritchard, has over four years of experience working on a variety of land use and policy projects, including general plan updates. Ms. Wright has also been involved with the design and implementation of outreach activities for community visioning exercises, land use alternatives, and safe routes to school projects. Ms. Wright is the lead planner for the City of Porterville and City of Kingsburg climate adaptation and environmental justice policy evaluations to determine compliance with recent State general plan laws. Ms. Wright will be the primary point of contact for this project.
Relevant Experience
• City of Porterville Public Health & Safety and Environmental Justice Elements (Focused General Plan Update), Lead Planner – adopted September 2024
• City of Kingsburg Safety and Environmental Justice Elements (Focused General Plan Update), Lead Planner – in process
• City of Fowler Comprehensive General Plan Update, Project Planner – adopted April 2023
SCOPE OF SERVICES
PHASE 1: PROJECT KICKOFF AND INITIATION
TASK 1.1 PROJECT KICKOFF MEETING AND MANAGEMENT
Successful project management begins with coordination with City staff to review and confirm the expectations of the work effort. Provost & Pritchard will meet with City staff to discuss the proposed scope of work and schedule. In this meeting, we will:
• Discuss communication protocols and confirm key points of contact for the project, • Confirm the objectives for the project and key messaging for public outreach efforts, City of Mendota April 17, 2025
Focused General Plan Update Letter Proposal Page 4 of 10 Job No.: 24-292
• Identify key stakeholders, and
• Confirm the scope of work and schedule.
Morgan Wright will serve as the primary point of contact for City staff. Ongoing project management duties will include internal and external coordination, billings, record keeping, scheduling, meeting coordination, and staff work assignments.
TASK 1.1 MEETINGS TASK 1.1 DELIVERABLES
− In-person meeting between City staff and up to
three Provost & Pritchard staff
− Up to 8 scheduled coordination conference calls
between City staff and Provost & Pritchard
− Kickoff meeting and coordination call summary
notes
− Coordination call agendas and meeting notes
TASK 1.2 PUBLIC PARTICIPATION PLAN AND OUTREACH MATERIALS Provost & Pritchard will prepare a community outreach and engagement plan for the project. The plan will be based on input received from City staff at the kickoff meeting and will:
• Establish communication goals and key messages;
• Identify where public and decision-maker engagement is targeted (joint study sessions), including anticipated public noticing and advertisement; and
• Confirm Provost & Pritchard and City staff roles and responsibilities, including contact information of the primary point of contact for public outreach tasks and inquiries.
Once messaging is confirmed, Provost & Pritchard will proceed with the preparation of the following outreach materials and language to introduce the project. Note that additional materials for promotion of specific outreach activities will be prepared in connection with individual outreach tasks identified throughout this scope of work. All materials will be consistently branded for this project. Spanish language translation will be provided for non-web-based outreach materials. Web-based outreach materials will be available for translation through Google translate.
• A project website to include a description of the project, the purpose and objectives of the project, and regular updates to the website throughout the project. Regular project updates will be posted to the project website, which will include: a description of project steps completed, key dates such as community workshop dates and hearings, copies of documents cleared for public access that are available for download, and contact information. The website will be updated as key milestones are achieved or as needed to promote community workshops and hearings. • Language for posting to the City’s social media accounts in a format compatible with the media platforms (Facebook, X (formerly Twitter), and Instagram). Regular update language will be provided for posting to the City’s social media accounts as key milestones are achieved or as needed to promote community workshops and hearings.
• Establishment of a Constant Contact email distribution list. A sign-up button will also be established for inclusion on the project webpage. Emails will be sent as key milestones are achieved or as needed to promote community workshops and hearings.
Distribution and establishment of the initial outreach materials as described above will commence immediately following review and confirmation of prepared materials and language by City staff. Provost & City of Mendota April 17, 2025
Focused General Plan Update Letter Proposal Page 5 of 10 Job No.: 24-292
Pritchard will establish and host the project webpage for the duration of the project. A link will be provided to the City for posting on their website.
In addition to the materials listed above and those identified in subsequent tasks, Provost & Pritchard has scope for up to two online surveys to be conducted during the project. These surveys may be programmed throughout the project, as applicable, to get feedback from the community. Timing and content of the online surveys will be determined in consultation with City staff during the project to ensure maximum impact.
TASK 1.2 MEETINGS TASK 1.2 DELIVERABLES
− No meetings anticipated − Project webpage
− Initial social media language (1 electronic)
− Constant Contact campaign
− Online survey (up to 2)
TASK 1.3 PUBLIC WORKSHOP NO. 1 – PROJECT INITIATION
Provost & Pritchard will facilitate a workshop to introduce the focused General Plan update project and generate awareness of the project objectives, timeline, and opportunities for public and decision-maker input.
We propose holding the workshop as a joint City Council/Planning Commission study session during or just prior to a regularly scheduled City Council meeting.
Provost & Pritchard will prepare the presentation for the workshop and any related exhibits needed for the workshop. Provost & Pritchard will also prepare the following materials for promotion of the workshop:
• Workshop flyer for distribution by City staff,
• Project webpage update for posting by Provost & Pritchard staff, • Social media post for posting by City staff, and
• Constant Contact email for distribution by Provost & Pritchard staff.
TASK 1.3 MEETINGS TASK 1.3 DELIVERABLES
− In-person attendance by up to two Provost &
Pritchard staff at the Workshop
− Workshop flyer (PDF)
− Social media language (1 electronic)
− Email for Constant Contact distribution
− PowerPoint® presentation
− Sign-in sheet
− Summary of input received
PHASE 2: POLICY REVIEW AND ANALYSIS
TASK 2.1 GENERAL PLAN POLICY ANALYSIS PAPER
Provost & Pritchard will prepare the required analyses for compliance with the applicable recent State general plan requirements. As noted above, we anticipate preparing analyses specific to SB 1000 (Environmental Justice) and SB 379 (Climate Adaptation). Additional data and mapping may also be required to address other new Sate general plan requirements, such as flooding risk, wildfire risk, impacts to military facilities, and planning for disadvantaged unincorporated communities. It is assumed that the analyses included within the Fresno County Multi-Jurisdictional HMP, of which Mendota is a participating agency, are adequate to satisfy the requirements under SB 379. All required information to address new State general plan law will be City of Mendota April 17, 2025
Focused General Plan Update Letter Proposal Page 6 of 10 Job No.: 24-292
documented in a General Plan Policy Analysis Paper. The outcome of this Policy Analysis Paper will inform the development of new policy language and establish the required information for incorporation into the Mendota General Plan in accordance with State general plan requirements.
TASK 2.1 MEETINGS TASK 2.1 DELIVERABLES
− No meetings anticipated − Admin Draft General Plan Policy Analysis Paper (Word)
− Final General Plan Policy Analysis Paper (PDF)
TASK 2.2 PUBLIC WORKSHOP NO. 2 – POLICY APPROACH
Provost & Pritchard will facilitate a workshop to present the findings and recommendations contained in the General Plan Policy Analysis Paper prepared under Task 2.1. The purpose of this workshop will be to get input on and confirmation of the policy recommendations for compliance with the specific State laws analyzed within the Policy Paper and to provide an opportunity for the community and decision-makers to ask questions or provide input on the recommendations. We propose holding the workshop as a joint City Council/Planning Commission study session during or just prior to a regularly scheduled City Council meeting.
Provost & Pritchard will prepare the presentation for the workshop and any related exhibits needed for the workshop. Provost & Pritchard will also prepare the following materials for promotion of the workshop:
• Workshop flyer for distribution by City staff,
• Project webpage update for posting by Provost & Pritchard staff, • Social media post for posting by City staff, and
• Constant Contact email for distribution by Provost & Pritchard staff.
TASK 2.2 MEETINGS TASK 2.2 DELIVERABLES
− In-person attendance by up to two Provost &
Pritchard staff at the Workshop
− Workshop flyer (PDF)
− Social media language (1 electronic)
− Email for Constant Contact distribution
− PowerPoint® presentation
− Sign-in sheet
− Summary of input received
PHASE 3: POLICY DEVELOPMENT AND ENVIRONMENTAL
TASK 3.1 ADMIN DRAFT POLICIES
Based on the recommendations contained in the General Plan Policy Analysis Paper and on any input or direction from Public Workshop No. 2 – Policy Approach, Provost & Pritchard will prepare administrative drafts of the Mendota General Plan reflecting new or revised policies necessary for compliance with State general plan requirements. As noted previously, we assume that no land use changes will be made. The City will provide Provost & Pritchard with one consolidated, internally consistent, set of comments for review and revision.
Provost & Pritchard will revise the documents based on comments received and re-submit the revised administrative draft General Plan to City staff for review and confirmation. Should additional comments be provided by City staff, one consolidated, internally consistent set of comments will be provided.
City of Mendota April 17, 2025
Focused General Plan Update Letter Proposal Page 7 of 10 Job No.: 24-292
TASK 3.1 MEETINGS TASK 3.1 DELIVERABLES
− No meetings anticipated − Administrative draft Mendota General Plan (Word)
− Revised administrative draft Mendota General
Plan (Word, PDF)
TASK 3.2 PUBLIC REVIEW POLICIES
Provost & Pritchard will prepare the public review draft Mendota General Plan in response to the consolidated set of comments provided by City staff. The public review draft General Plan will be made available for a 45- day public review period and will be sent to all interested parties, including those agencies required to receive notification in accordance with the Government Code. The City will receive all comments during the public review period and provide Provost & Pritchard with one consolidated set of public comments for review and revision.
TASK 3.2 MEETINGS TASK 3.2 DELIVERABLES
− No meetings anticipated − Public review draft Mendota General Plan (PDF) TASK 3.3 ENVIRONMENTAL
We do not anticipate that any land use changes will be necessary during the focused General Plan update and, therefore, we assume that a General Plan Consistency Exemption in accordance with CEQA Section 15183 would be an appropriate determination. Provost & Pritchard will prepare language for the City to incorporate into the staff report, confirming and documenting the use of the Consistency Exemption. There are no formal public notices required for the exemption prior to action. However, SB 18 consultation is required to amend the General Plan and consultation request letters will be sent during Task 2.1 so that the 90-day request period for Native American Tribes is initiated early in the process. Provost & Pritchard will prepare the Notice of Exemption (NOE) following adoption by the City Council.
Should additional environmental analysis be warranted, Provost & Pritchard will prepare the applicable environmental document. The appropriate level of review will be determined in consultation with City staff and upon selection of the appropriate option, a formal scope and fee, including an updated timeline, will be submitted to the City at that time and a contract amendment will be executed to perform the revised scope of work.
TASK 3.3 MEETINGS TASK 3.3 DELIVERABLES
− No meetings anticipated − General Plan Consistency Exemption language (Word)
TASK 3.4 ADMIN DRAFT IMPLEMENTATION PLAN
Provost & Pritchard will draft an implementation plan for inclusion in the General Plan. The implementation plan will identify relevant action items from the General Plan elements and discuss the timeline, responsibility, and monitoring. The City will provide Provost & Pritchard with one consolidated, internally consistent, set of comments for review and revision. Provost & Pritchard will revise the document based on comments received and re-submit the revised administrative draft General Plan to City staff for review and confirmation. Should additional comments be provided by City staff, one consolidated, internally consistent set of comments will be provided.
City of Mendota April 17, 2025
Focused General Plan Update Letter Proposal Page 8 of 10 Job No.: 24-292
TASK 3.4 MEETINGS TASK 3.4 DELIVERABLES
− No meetings anticipated − Administrative draft Mendota General Plan Implementation Plan (Word)
− Revised administrative draft Mendota General
Plan Implementation Plan (Word, PDF)
PHASE 4: PUBLIC REVIEW AND ADOPTION
TASK 4.1 WORKSHOP NO. 3 – PUBLIC REVIEW OF DRAFT GENERAL PLAN Provost & Pritchard will facilitate a workshop during the 45-day public review period for the Mendota General Plan. The purpose of this workshop is to present new proposed policies contained in the draft Plan and provide an opportunity for public input. The primary purpose of this workshop is to receive public comment and therefore, is not proposed to be a study session with City Council/Planning Commission. Decision-makers will provide direction during the recommendation and adoption public hearings proposed under Tasks 4.2 and 4.3 below.
Provost & Pritchard will prepare the presentation for the workshop and any related exhibits needed for the workshop. Provost & Pritchard will also prepare the following materials for promotion of the workshop:
• Workshop flyer for distribution by City staff,
• Project webpage update for posting by Provost & Pritchard staff, • Social media post for posting by City staff, and
• Constant Contact email for distribution by Provost & Pritchard staff.
TASK 4.1 MEETINGS TASK 4.1 DELIVERABLES
− In-person attendance by up to two Provost &
Pritchard staff at the Workshop
− Workshop flyer (PDF)
− Social media language (1 electronic)
− Email for Constant Contact distribution
− PowerPoint® presentation
− Sign-in sheet
− Summary of input received
TASK 4.2 PLANNING COMMISSION RECOMMENDATION HEARING
Provost & Pritchard will prepare an Addendum Memorandum to the public review draft General Plan, summarizing the comments received during the public review period and outlining any recommended changes to the public review draft Plan for inclusion in the staff report packets for the Planning Commission recommendation to City Council. City staff is responsible for drafting the staff report and providing public hearing noticing in accordance with the Government Code. Provost & Pritchard staff will attend the hearing to provide support to City staff in responding to questions.
TASK 4.2 MEETINGS TASK 4.2 DELIVERABLES
− In-person attendance by up to two Provost &
Pritchard staff at one Planning Commission
hearing
− Addendum Memorandum (Word)
City of Mendota April 17, 2025
Focused General Plan Update Letter Proposal Page 9 of 10 Job No.: 24-292
TASK 4.3 CITY COUNCIL ADOPTION HEARING
Provost & Pritchard will prepare a summary of recommended changes, if any, made by the Planning Commission to the public review draft General Plan and Addendum Memorandum for inclusion in the staff report packets for City Council adoption. City staff is responsible for drafting the staff report and providing public hearing noticing in accordance with the Government Code. Provost & Pritchard staff will attend the hearing to provide support to City staff in responding to questions.
TASK 4.3 MEETINGS TASK 4.3 DELIVERABLES
− In-person attendance by up to two Provost &
Pritchard staff at one City Council hearing
− Summary of Planning Commission
recommendation
TASK 4.4 FINAL GENERAL PLAN
Provost & Pritchard will prepare the final Mendota General Plan based on City Council adoption.
TASK 4.4 MEETINGS TASK 4.4 DELIVERABLES
− No meetings anticipated − Adopted Mendota General Plan (Word, PDF)
PROFESSIONAL FEES
Provost & Pritchard will perform the services proposed in this scope of work for the total fixed fee amount of $92,000. These services will be invoiced monthly on a percent-complete basis by Phase, as outlined in the table below. Reimbursable expenses are included in the Fixed Fee amount stated.
PHASE ESTIMATED
FEE
Phase 1: Project Kickoff and Initiation $22,000
Phase 2: Policy Review and Analysis $32,000
Phase 3: Policy Development and Environmental $25,000
Phase 4: Public Review and Adoption $18,000
Total Estimated Fee: $97,000
Provost & Pritchard reserves the right to transfer unused budget from one phase to another, if necessary. However, the total budget will not be exceeded without proper authorization.
SCHEDULE
Provost & Pritchard estimates that the proposed scope of work will be completed in May 2026, assuming a start date in May 2025. The timeline for completion assumes 3 weeks for reviews by City staff of the General Plan Policy Analysis Paper, 30 days for City review of the administrative draft General Plan, and 2 weeks for City review of revised the administrative draft General Plan.
ASSUMPTIONS
• No land use designations, including adjustments to the density and intensity standards, will be made as part of the focused General Plan update.
• Public noticing and filing fees, as applicable, will be paid by the City.
City of Mendota April 17, 2025
Focused General Plan Update Letter Proposal Page 10 of 10 Job No.: 24-292
• Work is contingent upon all terms and conditions as agreed up by both parties, following Provost & Pritchard review of the City’s Standard Agreement.
TERMS AND CONDITIONS
In order to convey a clear understanding of our mutual responsibilities under this proposal, our standard Consultant Services Agreement is attached. Please sign both of these documents and mail or email a copy to our office. These documents will serve as our Notice to Proceed. This proposal is valid for 30 days from the date above.
We look forward to working with the City of Mendota on this focused General Plan update. Please reach out to me directly should you have any questions.
Sincerely Yours,
Provost & Pritchard Consulting Group
Sara Allinder, AICP
Principal Planner / Director of Operations
TERMS AND CONDITIONS ACCEPTED
By City of Mendota
____________________________________________
Signature
____________________________________________
Printed Name
____________________________________________
Title Date
EXHIBIT B
455 W Fir Ave • Clovis, CA 93611 • (559) 449-2700
www.provostandpritchard.com
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/e1c26ffc-ffd8-49a3-9567- ab57281fcd4b/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_288.ppeng.egnyte.com/Mendota Focused GPU CSA_rev 2025.docx Engineering • Structural • Geostructural • Surveying • Planning • Environmental • GIS • Construction Services • Hydrogeology • Consulting Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Boise, ID
CONSULTANT SERVICES AGREEMENT
CSA NO:
City of Mendota 24-292
Client/Agency Proposal No.
Cristian Gonzalez 559-860-8882
Attention Telephone
City of Mendota
Bill to Fax
643 Quince Street [email protected]
Billing Address Email
Mendota, CA 93640
City, Zip Code
Focused General Plan Update City of Mendota, California Project Title Location
DESCRIPTION OF SERVICES
Please see attached Exhibit A letter proposal 24-292 dated April 17, 2025.
The provisions set forth below and on the following paragraphs 1 through 42 are incorporated into and made a part of this Agreement. In signing, the Client acknowledges that they have read and approved all such terms and hires Provost & Pritchard Engineering Group, Inc., dba Provost & Pritchard Consulting Group, (Consultant) to perform the above described services.
TERMS AND CONDITIONS
Client and Consultant agree that the following terms and conditions shall be part of this agreement:
1. In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. The Consultant makes no warranty, express or implied, as to its professional services rendered under this Agreement.
2. Client acknowledges that Consultant is not responsible for the performance of work by third parties including, but not limited to, the construction contractor and its subcontractors.
3. Client agrees that if Client requests services not specified in the scope of services described in this agreement, Client will pay for all such additional services as extra services, in accordance with Consultant's billing rates utilized for this contract.
DOCUMENTS
4. Client acknowledges that all reports, plans, specifications, field data and notes and other documents, including all documents on electronic media, prepared by Consultant (collectively Work Product) are instruments of service which shall remain the property of Consultant and may be used by Consultant without the consent of Client. Consultant shall retain all common law, statutory law and other rights, including copyrights. Consultant grants Client a perpetual, royalty-free fully paid-up, nonexclusive and irrevocable license to copy, reproduce perform, dispose of, use and reProject Manager: SJA Prepared by: MAC
City of Mendota April 17, 2025
Focused General Plan Update Page 2 of 6
Job No.: 24-292
use the Work Product in connection with the Project, in whole or in part, and to authorize others to do so for the benefit of Client. Client acknowledges that its right to utilize Work Product pursuant to this agreement will continue only so long as Client is not in default, pursuant to the terms and conditions of this agreement, and Client has performed all its obligations under this agreement.
5. Client agrees not to reuse Work Product, in whole or in part, for any project other than the project that is the subject of this agreement. Client further agrees to waive all claims against Consultant resulting in any way from any unauthorized changes or unauthorized reuse of the Work Product for any other project by anyone on Client’s behalf.
Client agrees not to use or permit any other person to use versions of Work Product which are not final and which are not signed and stamped or sealed by Consultant. Client shall be responsible for any such use of non-final Work Product. Client hereby waives any claim for liability against Consultant for use of non-final Work Product. If a reviewing agency requires that check prints be submitted with a stamp or seal, those shall not be considered final for purposes of this paragraph.
6. In the event Client (1) makes, agrees to, authorizes, or permits changes in Work Product, or (2) makes, agrees to, authorizes, or permits construction of such unauthorized changes, which changes are not consented to in writing by Consultant, or (3) does not follow recommendations prepared by Consultant pursuant to this agreement, resulting in unauthorized changes to the project, Client acknowledges that the unauthorized changes and their effects are not the responsibility of Consultant. Client agrees to release Consultant from all liability arising from such unauthorized changes, and further agrees to defend, indemnify and hold harmless Consultant, its officers, directors, employees and subconsultants from and against all claims, demands, damages or costs, including attorneys' fees, arising from such changes.
7. Under no circumstances shall delivery of Work Product for use by the Client be deemed a sale by the Consultant, and the Consultant makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the Consultant be liable for indirect or consequential damages as a result of the Client’s unauthorized use or reuse of the Work Product.
8. The Client is aware that differences may exist between electronic files delivered and the printed hard-copy construction documents. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed sealed hard-copy documents shall govern.
LIMITATIONS
9. Consultant makes no representations concerning soils or geological conditions unless specifically included in writing in this agreement, or by amendments to this agreement. If Consultant recommends that Client retain the services of a Geotechnical Engineer and Client chooses to not do so, Consultant shall not be responsible for any liability that may arise out of the making of or failure to make soils or geological surveys, subsurface soils or geological tests, or general soils or geological testing.
10. Client acknowledges that, unless specifically stated to the contrary in the proposal’s description of services to be provided, Consultant's scope of services for this project does not include any services related in any way to asbestos and/or hazardous or toxic materials. Should Consultant or any other party encounter such materials on the job site, or should it in any other way become known that such materials are present or may be present on the job site or any adjacent or nearby areas which may affect Consultant's services, Consultant may, at its option, suspend or terminate work on the project until such time as Client retains a qualified contractor to abate and/or remove the asbestos and/or hazardous or toxic materials and warrant that the job site is free from any hazard which may result from the existence of such materials.
INDEMNIFICATION
11. To the fullest extent allowed by law, Consultant will indemnify and hold harmless, but shall have no duty to defend Client, its officers, directors, employees, and agents (collectively, the "Client indemnities") from, for and against any and all claims, demands, damages, losses, expenses, liabilities, and penalties arising out of or relating to the Project, but only to the extent caused by the negligent or other wrongful acts or omissions of Consultant, its subconsultants, or any person or entity for whose acts or omissions any of them are responsible, or by the failure of any such party to perform as required by this Agreement. To the fullest extent allowed by law, Client will indemnify and hold harmless, but shall have no duty to defend Consultant and its officers, directors, employees and agents from, for and against any and all claims, demands, damages, losses, expenses, liabilities and penalties arising out of or relating to the Project, but only to the extent caused by the negligent or other wrongful acts or omissions of Client or any person City of Mendota April 17, 2025
Focused General Plan Update Page 3 of 6
Job No.: 24-292
or entity for whose acts or omissions it is responsible, or by the failure of any such party to perform as required by this Agreement. The obligations and rights of this Section are in addition to other obligations and rights of indemnity provided under this Agreement or applicable law.
FINANCIAL
12. All fees and other charges due Consultant will be billed monthly and shall be due at the time of billing unless specified otherwise in this agreement. If Client fails to pay Consultant within sixty (60) days after invoices are rendered, Consultant shall have the right in its sole discretion to consider such default in payment a material breach of this entire agreement, and, upon written notice, Consultant's duties, obligations and responsibilities under this agreement may be suspended or terminated for cause pursuant to Sections 26 through 31. In such event, Client shall promptly pay Consultant for all outstanding fees and charges due Consultant at the time of suspension or termination including all costs and expenses incurred in the performance of services up to suspension or termination.
13. Consultant shall not be liable to Client for any costs or damages that may result from the termination or suspension of services under this agreement due to Client’s failure to pay Consultant invoices in accordance with the terms of this paragraph. In the event that Consultant agrees to resume terminated or suspended services after receiving full payment of all late invoices, Client agrees that time schedules and fees, as applicable, related to the services will be equitably adjusted to reflect any delays or additional costs caused by the termination or suspension of services.
14. In all cases where the proposal calls for payment of a retainer, that payment shall be made by Client to Consultant prior to commencement of services under this agreement. Upon receipt of retainer payment, the Consultant shall commence services as provided for under this Agreement. Unless otherwise provided for in the project proposal, such retainer shall be held by Consultant throughout the duration of the contract, and shall be applied to the final project invoice, and to any other outstanding AR, including late payment charges, on the project. Any amount of said retainer in excess of the final invoice and other outstanding AR shall be returned to the Client within 30 days of issuance of the final project invoice.
15. Client agrees that all billings from Consultant to Client will be considered correct and binding on Client unless Client, within ten (10) days from the date of receipt of such billing, notifies Consultant in writing of alleged inaccuracies, discrepancies, or errors in billing. In the event of a dispute over any billing or portion of billing, Client agrees to pay the undisputed portion of any billings in accordance with the payment terms set forth in Section 12.
16. Client agrees to pay a monthly late payment charge, which will be the lesser of one and one half percent (1-1/2%) per month or a monthly charge not to exceed the maximum legal rate, which will be applied to any unpaid balance commencing thirty (30) days after the date of the billing. Client acknowledges that payments applied first to unpaid late payment charges and then to unpaid balances of invoices.
17. In the event Consultant's fee schedule changes due to any increase of costs such as the granting of wage increases and/or other employee benefits to field or office employees or any taxes or fees imposed by local, state, or federal government on consultants’ fees during the lifetime of this agreement, the new fee schedule shall apply to all subsequent work on time-and-materials contracts.
18. If payment for Consultant's services is to be made on behalf of Client by a third party lender, Client agrees that Consultant shall not be required to indemnify the third party lender, in the form of an endorsement or otherwise, as a condition to receiving payment for services. Client agrees to reimburse Consultant for all collection agency fees, legal fees, court costs, reasonable consultant staff costs and other expenses paid or incurred by Consultant in the event that collection efforts become necessary to enforce payment of any unpaid billings due to Consultant in connection with the services provided in this agreement.
LIMITATION OF LIABILITY
19. Notwithstanding any other provisions of this Agreement to the contrary, the aggregate liability of the Consultant under this Agreement, whether for breach of contract, tort, strict liability or any other legal theory, will not exceed the total amount of Consultant's compensation for performing services under this Agreement or $50,000, whichever is greater, however this limitation of Consultant's liability does not apply to third-party claims, or to the Client's reasonable attorneys' fees and expert witnesses' fees and litigation expenses arising out of or related to such thirdparty claims for which Consultant is liable.
City of Mendota April 17, 2025
Focused General Plan Update Page 4 of 6
Job No.: 24-292
DISPUTE RESOLUTION
20. In an effort to resolve any conflicts or disputes that arise regarding performance under this agreement by either party, Client and Consultant agree that all such disputes shall be submitted to nonbinding mediation, using a mutually agreed upon mediation services experienced in the resolution of construction disputes. Unless the parties mutually agree otherwise, such mediation shall be a pre-condition to the initiation of any litigation. The parties further agree to include a similar mediation provision in their agreements with other independent contractors and consultants retained for the project and require them to similarly agree to these dispute resolution procedures. This provision shall not be interpreted to restrict the right of either party to file an action in a court of law, in the County of Fresno, State of California, having appropriate jurisdiction or to preclude or limit the Consultant’s right to record, perfect or to enforce any applicable lien or Stop Notice rights.
CONSTRUCTION PROJECTS
21. If the scope of services contained in this agreement does not include construction phase services for this project, Client agrees that such construction phase services will be provided by Client or by others. Client assumes all responsibility for interpretation of the contract documents and for construction observation and supervision and waives any claim against Consultant that may in any way be connected thereto. In addition, Client agrees to indemnify and hold Consultant harmless from any loss, claim, or cost, including reasonable attorneys' fees and costs of defense, arising or resulting from the performance of such services by other persons or entities and from any and all claims arising from the modification, clarification, interpretation, adjustments or changes made to the contract documents to reflect changed field or other conditions, except for claims arising from the negligence or other wrongful acts of Consultant, its employees, its subconsultants, or any other person or entity for which Consultant is responsible.
22. Client agrees to include provisions in its contract with the construction contractor to the effect that in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property, and that this requirement shall apply continuously and not be limited to normal working hours.
Neither the professional activities of Consultant nor the presence of Consultant or its employees or subconsultants at a construction site shall relieve the contractor and its subcontractors of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and applicable health or safety requirements of any regulatory agency or of state law.
23. Client agrees to require its contractor and subcontractors to review the plans, specifications and documents prepared by Consultant prior to the commencement of construction phase work. If the contractor and/or subcontractors believe there are deficiencies, conflicts, errors, omissions, code violations, or other deficiencies in the plans, specifications and documents prepared by Consultant, contractors shall notify Client so those deficiencies may be corrected or otherwise addressed by Consultant prior to the commencement of construction phase work.
24. If, during the construction phase of the project, Client discovers or becomes aware of changed field or other conditions which necessitate clarifications, modifications or other changes to the plans, specifications, estimates or other documents prepared by Consultant, Client agrees to notify Consultant and, at Client’s option, retain Consultant to prepare the necessary changes or modifications before construction activities proceed. Further, Client agrees to require a provision in its construction contracts for the project which requires the contractor to promptly notify Client of any changed field or other conditions so that Client may in turn notify Consultant pursuant to the provisions of this paragraph.
25. If, due to the Consultant's error, omission or negligence, a required item or component of the Project is omitted from the Consultant's construction documents, the Consultant shall not be responsible for paying the cost required to add such item or component to the extent that such item or component would have been required and included in the original construction documents. The Consultant will not be responsible for any cost or expense that enhances the value of the Project.
SUSPENSION AND TERMINATION
26. If the Project or the Consultant’s services are suspended by the Client for more than thirty (30) consecutive calendar days, the Consultant shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the Client shall compensate the City of Mendota April 17, 2025
Focused General Plan Update Page 5 of 6
Job No.: 24-292
Consultant for expenses incurred as a result of the suspension and resumption of its services, and the Consultant’s schedule and fees for the remainder of the Project shall be equitably adjusted.
27. If the Consultant’s services are suspended for more than ninety (90) days, consecutive or in the aggregate, the Consultant may terminate this Agreement upon giving not less than five (5) calendar days’ written notice to the Client.
28. If the Client is in breach of the payment terms or otherwise is in material breach of this Agreement, the Consultant may suspend performance of services upon five (5) calendar days’ notice to the Client. The Consultant shall have no liability to the Client, and the Client agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the Client. Upon receipt of payment in full of all outstanding sums due from the Client, or curing of such other breach that caused the Consultant to suspend services, the Consultant shall resume services, and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension.
29. Client acknowledges Consultant has the right to complete all services included in this agreement. In the event this agreement is terminated before the completion of all services, unless Consultant is responsible for such early termination, Client agrees to release Consultant from all liability for services not performed or completed by Consultant and from liability for any third-party reliance, use, interpretation or extrapolation of Consultant’s work product. In the event all or any portion of the services by Consultant are suspended, abandoned, or otherwise terminated, Client shall pay Consultant all fees and charges for services provided prior to termination, not to exceed the contract limits specified herein, if any. Client acknowledges if the project services are suspended and restarted, there will be additional charges due to suspension of the services which shall be paid for by Client as extra services pursuant to Section 26. Client acknowledges if project services are terminated for the convenience of Client, Consultant is entitled to reasonable termination costs and expenses, to be paid by Client as extra services pursuant to Section 31.
30. The Client may terminate this Agreement for the Client's convenience and without cause upon giving the Consultant not less than seven (7) calendar days' written notice.
31. In the event of termination of this Agreement by either party, Consultant shall invoice Client for all outstanding services and expenses reasonably incurred by the Consultant in connection with the orderly termination of this Agreement, including but not limited to demobilization, reassignment of personnel, associated overhead costs and all other expenses directly resulting from the termination. The Client shall within thirty (30) calendar days of termination pay the Consultant for all services rendered and all reimbursable costs incurred by the Consultant up to the date of termination, in accordance with the payment provisions of this Agreement.
OTHER
32. This agreement shall be binding upon the heirs, executors, administrators, successors and assigns of Client and Consultant.
33. This agreement shall not be assigned by either Client or Consultant without the prior written consent of the other.
34. Consultant's or Client's waiver of any term, condition or covenant shall not constitute the waiver of any other term, condition or covenant. Consultant's or Client's waiver of any breach of this agreement shall not constitute the waiver of any other breach of the Agreement.
35. Client and Consultant agree that if any term or provision of this Agreement is determined to be illegal, in conflict with any law, void or otherwise unenforceable, and if the essential terms and provisions of this Agreement remain unaffected, then the validity of the remaining terms and provisions will not be affected and the offending provision will be given the fullest meaning and effect allowed by law.
36. This agreement shall be governed by and construed in accordance with the laws of the State of California. The Client agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Fresno, State of California.
37. Within the limits of the approved scope and fee, Consultant may engage the services of any subconsultants when, in the Consultant's sole opinion, it is appropriate to do so. Such subconsultants may include testing laboratories, geotechnical engineers and other specialized consulting services deemed necessary by the Consultant to carry out the scope of the Consultant's services.
City of Mendota April 17, 2025
Focused General Plan Update Page 6 of 6
Job No.: 24-292
38. Consultant shall be entitled to immediately, and without notice, suspend the performance of any and all of its obligations pursuant to this agreement if Client files a voluntary petition seeking relief under the United States Bankruptcy Code or if there is an involuntary bankruptcy petition filed against Client in the United States Bankruptcy Court, and that petition is not dismissed within fifteen (15) days of its filing. Any suspension of services made pursuant to the provisions of this paragraph shall continue until such time as this agreement has been fully and properly assumed in accordance with the applicable provisions of the United States Bankruptcy Code and in compliance with final order or judgment issued by the Bankruptcy Court.
39. This agreement shall not be construed to alter, affect or waive any design professional's lien, mechanic's lien or stop notice right, which Consultant may have for the performance of services pursuant to this agreement. Client agrees to provide to Consultant the current name and address of the record owner of the property upon which the project is to be located. Client also agrees to provide Consultant with the name and address of any and all lenders who may loan money on the project and who are entitled to receive a preliminary notice.
40. Consultant shall not be liable for damages resulting from the actions or inactions of governmental agencies including, but not limited to, permit processing, environmental impact reports, dedications, general plans and amendments thereto, zoning matters, annexations or consolidations, use or conditional use permits, project or plan approvals, and building permits. Client agrees that it is the responsibility of Client to maintain in good standing all governmental approvals or permits and to timely apply for any necessary extensions thereof.
41. Consultant and Client each agree to waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with paragraphs 26 through 31, except for termination expenses provided for in said paragraph 31. Client further agrees that to the fullest extent permitted by law, Consultant shall not be liable to Client for any special, indirect or consequential damages whatsoever, whether caused by Consultant's negligence, errors, omissions, strict liability, breach of contract, breach of warranty or other cause or causes whatsoever, including but not limited to, loss of use of equipment or facility, and loss of profits or revenue.
42. This Agreement is the entire Agreement between the Client and the Consultant. It supersedes all prior communications, understandings and agreements, whether oral or written. Amendments to this Agreement must be in writing and signed by both the Client and the Consultant.
City of Mendota
Provost & Pritchard Engineering Group, Inc.,
dba Provost & Pritchard Consulting Group
Client/Agency
By By
Sara Allinder
Name Name
Director of Operations
Title Title
April 17, 2025
Date Signed Date Signed
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 25-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA APPROVING
AN AMENDMENT TO THE NONEXCLUSIVE LICENSE AGREEMENT WITH RAMON
GONZALEZ FOR RACETRACK OPERATIONS AT THE FORMER SITE OF THE
WILLIAM ROBERT JOHNSTON MUNICIPAL AIRPORT
WHEREAS, on September 3, 2024, the City Council of the City of Mendota (“City”) adopted Resolution No. 24-50, approving a nonexclusive license agreement (“License”) with Ramon Gonzalez (“Operator”) allowing racetrack operations at the former site of the William Robert Johnston Municipal Airport; and WHEREAS, during the term of the License, Operator’s events have generated positive news stories regarding the City, fostered community involvement, and promoted the City’s local businesses through increased visitors from all over California; and
WHEREAS, following further review, the City’s risk management firm has requested minor amendments to the License’s insurance requirements to ensure the interests of the City and its citizens are adequately guarded in connection with Operator’s racetrack operations; and
WHEREAS, Section 7 of the License provides that the City Manager may adjust the amounts of liability insurance Operator must maintain upon sixty (60) days’ advance written notice; and
WHEREAS, in the interest of clarity in support of Operator’s efficient maintenance of the License, the City intends to formally amend the License to clarify the changes to its various insurance requirements in lieu of outlining new requirements by letter from the City Manager.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota hereby:
1. Approves the Amendment to the License in substantially the form attached hereto as Exhibit “A”; and
2. Authorizes and directs the City Manager, or his designee, to execute the Amendment to the License and such additional documents as are reasonably required to effect its purpose; and
3. The City Council hereby finds and determines that the adoption of this Resolution is not subject to environmental review under the California Environmental Quality Act (“CEQA”; Pub. Res. Code, § 21000 et seq.), 2 because the Amendment does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change int eh environment, and therefore is not a “project” under CEQA. (Pub. Res. Code, §§ 21065; Cal. Code Regs., tit. 14, §§ 15378, subd. (a), 15064, subd. (d)(3).)
______________________________
Victor Martinez, Mayor
ATTEST:
I, Celeste Cabrera-Garcia, City Clerk of the City of Mendota, do hereby certify that the foregoing resolution was duly adopted and passed by the City Council at a regular meeting of said Council, held at the Mendota City Council Chambers located at 725 Riofrio Street, Mendota, California 93640, on the 6th day of May, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
EXHIBIT A
1 AMENDMENT TO NON-EXCLUSIVE LICENSE AGREEMENT
This Amendment to Non-Exclusive License Agreement (“Amendment”) is made by and between the City of Mendota (“City”), a California municipal corporation, and Ramon Ganzalez, an individual (“Licensee”), as of May 6, 2025.
RECITALS
WHEREAS, on September 3, 2024, the Parties entered into a Non-Exclusive License Agreement (the “Agreement”) for an initial Term of ten (10) years; and WHEREAS, Section 7 of the Agreement allows the City to revise Licensee’s insurance obligations under the Agreement via sixty (60) days’ written notice; and WHEREAS, in the interest of clarity in support of Licensee’s efficient maintenance of the License, the City intends to formally amend the Agreement to clarify changes to its various insurance requirements in lieu of outlining new requirements by letter from the City Manager.
NOW, THEREFORE, in exchange for the mutual promises and consideration stated herein, the Parties agree as follows:
1. Terms. Capitalized terms that are not otherwise defined herein shall be deemed to have the same meanings that are ascribed to those terms in the Agreement.
2. Amendment. The following provisions of the Agreement are hereby amended:
a. Section 7 of the Agreement is amended to read as follows:
7. Insurance. Licensee shall not occupy the Property or operate any racetrack-related operations thereon without obtaining insurance sufficient to conduct racing events on the Property in accordance with the requirements hereunder. Said required insurance amounts below may be adjusted by the City Manager upon sixty (60) days' advance written notice to Licensee:
7.1. Commercial General Liability. During the Term of this License, Licensee shall continuously maintain, at its own cost and expense, coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not
less than $1,000,000 per occurrence and $2,000,000
general aggregate. The policy shall include a per project or per location general aggregate endorsement. If a per
project/location endorsement is not available, the limit for the general aggregate shall be doubled. Coverage shall state that Licensee’s insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer’s liability.
Any failure to comply with reporting provisions of the
2 policies by Licensee shall not affect coverage provided to the City.
7.2. Business Automobile Liability. Licensee shall provide automobile liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of not less than $2,000,000 per accident.
7.3. Workers’ Compensation and Employers’ Liability -
Statutory. Licensee shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and
Employer’s Liability Insurance for all persons employed directly or indirectly by Licensee. The Statutory Workers’ Compensation Insurance and Employer’s Liability
Insurance shall be provided with limits of not less than $1,000,000 each accident, $1,000,000 by disease-policy
limit, and $1,000,000 by disease-each employee. No
proprietor, partner, executive officer, or member shall be excluded.
7.4. Personal Property. Licensee understands and agrees that it is Licensee's sole responsibility to obtain and maintain insurance covering its operations and other personal
property used at the Property. Notwithstanding any
provision to the contrary, Licensee specifically waives any claim against the City for theft, loss, or damage of any kind or from any source whatsoever that may occur to
Licensee’s operations and personal property located at the Property and in its vicinity.
7.5. Fire and Extended Coverage Insurance. Throughout the Term, at Licensee's sole cost and expense, Licensee shall keep, or cause to be kept, insured, for the mutual benefit of City and Licensee, all improvements located on or
appurtenant to the Property, whether constructed at the time of signing this License or not, against loss or damage by fire and such other risks as are now or hereafter included in an extended coverage endorsement in common use of
structures, including vandalism and malicious mischief.
The amount insurance shall be sufficient to prevent either Licensee or City from becoming a co-insurer under the
provisions of the policies, but in no event shall the amount be less than eighty percent (80%) of the actual replacement cost, excluding the cost of replacing excavations and
foundations, but without deduction for depreciation (herein called full insurable value). In the event payments are made 3 for repairs, payments of proceeds for repair, restoration, or reconstruction of improvements shall be made monthly on architects' certificates until the work is completed and accepted. Any insurance proceeds remaining after
complying with the provisions of this License relating to maintenance, repair, and reconstruction of improvements shall be the Licensee's sole property.
7.6. Documentation. Licensee shall provide the City with a certificate of insurance and amendatory endorsements
evidencing the required insurance coverages. All insurance required by the express provisions of this License shall be carried only in responsible insurance companies licensed to do business in the State of California and with an AM Best rating of A- VII or higher. All such policies shall be nonassessable and shall contain language, to the extent obtainable, to the effect that: (1) City, its officials, officers, directors, contractors, employees, agents, and volunteers shall be named and endorsed additional insured on the
Commercial General Liability (as broad as Insurance
Services Office CG 20 10) and Automobile Liability
policies; (2) any loss shall be payable notwithstanding any act of sole negligence or willful misconduct of the City that might otherwise result in failure of the insurance;
(3) insurer endorses and waives the right of subrogation against the City and against the City's officials, officers, directors, contractors, employees, agents, volunteers, and representatives; (4) except Workers’ Compensation
coverage, the policies shall allow and be endorsed primary and non-contributing with any insurance or self-insurance that may be carried by City; and (5) the policies cannot be canceled or materially changed except after thirty (30) days' advance notice by the insurer to the City. If a carrier will not provide the required notice of cancellation or material change, the Licensee shall provide written notice to the City of a cancellation or material change no later than five (5) business days before cancellation or material change. Licensee shall furnish the City with copies of all such policies upon Licensee’s receipt of City’s request. b. Section 13 of the Agreement is amended to read as follows:
13. Indemnification. Licensee covenants and agrees that, during the Term, any injury suffered as a result of the use of the Property by Licensee and its employees, agents, contractors, licensees, invitees, and guests shall be the sole responsibility of Licensee, and the City shall not be liable to Licensee, or any other person or persons 4 whatsoever for any such injury, loss, or damage to persons or property unless caused by the City's employees' or agents' sole negligence or willful misconduct. Licensee shall defend, indemnify, and hold the City, its officials, officers, directors, employees, consultants, agents, volunteers, successors, and assigns ("Indemnitees"), harmless from and against any and all claims, costs, liabilities, debts, demands, suits, actions, causes of action, proceedings, damages, judgments, liens, expenses, or obligations of whatever nature, including attorneys' fees and costs, all other professional costs, and all court, arbitration, or other dispute resolution costs (collectively "Costs") which may be made against Indemnitees arising out of or in connection with: (a) any use of the Property under this License, (b) any breach by Licensee of its obligations under this License; (c) the death and/or injury to any person or damage to any property (real or personal) which may be caused or is claimed to have been caused, by the negligence, act, or omission of Licensee, or Licensee's agents, employees, contractors, guests, invitees, or licensees; and (d) any enforcement by the City of any provision of this License. The foregoing indemnity shall not apply to the extent any such Costs are ultimately established by a court of competent jurisdiction to have been caused by the Indemnitees' sole negligence or willful misconduct. Licensee, upon notice from the City, shall defend the City at Licensee's expense by counsel satisfactory to the City. The provisions of this Section shall survive the expiration or termination of this License. c. Section 14 of the Agreement is amended to read as follows:
14. Waiver of Claims. As a material part of the consideration to be rendered to the City for this License, Licensee hereby waives any and all claims or causes of action against the City and each of its officials, officers, directors, agents, contractors, employees, and volunteers which Licensee may now or hereafter have for damages or theft of Licensee's property at or on the Property, except as may arise from the sole and active negligence or willful misconduct of the City, its officials, officers, directors, agents, contractors, employees, or volunteers or from a known dangerous condition of public property as specified in Government Code section 835 et seq.
3. Governing Law. This Amendment and the rights and obligations of the Parties shall be governed by, and construed and interpreted in accordance with, the laws of the State of California.
4. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of the separate counterparts shall constitute the same agreement.
5 5. All Other Provisions Remain Unchanged. Except as specifically set forth in this Amendment, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed on the date written above.
CITY OF MENDOTA
By: ____________________
Name: Cristian Gonzalez
Its: City Manager
Date: ____________________
LICENSEE
By: ____________________
Name: Ramon Gonzalez
Date: ____________________
CITYOF MENDOTA
ooCantaloupe Cente, Of The World"
April 1,2025
Assemblymember Matt Haney
Assembly Housing and Community Development Committee
California State Capitol
Sacramento CA 95814
RE: AB 36 (Soria): Streamlining Prohousing Designations - SUPPORT Dear Chair Haney:
On behalf of the City of Mendota, I am pleased to write in support of AB 36 (Soria), which integrates the application for the Prohousing Designation Program (PDP) with the housing element update cycle to help small prohousing local governments with limited resources better qualiff for state housing and infrastructure programs.
AB 36 directs the Departrnent of Housing and Community Development (HCD) to use the information cities with populations under 50,000 persons and counties under 200,000 already provide in their housing elements to determine their eligibility for the PDP. Additionally, the bill extends the time until prohousing designations expire for an additional two years.
The City of Mendota, known as the "Cantaloupe Center of the World," is a small, rural community located in the heart of Califomia's Central Valley. With a population of approximately 12,000 residents, Mendota is an agricultural hub that plays a vital role in feeding Califomia and beyond.
The City faces unique challenges, including high poverty rates, limited access to resources, and a lack of affordable housing options. Despite these challenges, Mendota remains committed to supporting housing development and economic growth while preserving its strong agricultural heritage. The City works tirelessly to enhance the quality of life for residents by fostering community partnerships, advocating for rural needs, and promoting sustainable development.
The PDP designates local govemments going above and beyond the requirements of state housing law to promote housing development in their communities as 'oprohousing", rewarding them with priority access to critical housing and infrastructure programs. However, the application for the PDP is complex and requires extensive documentation, making it difficult for rural jurisdictions with limited staffto apply even when they have adopted strong prohousing policies. AB 36 eases the administrative burden on smaller cities and counties by having HCD analyze the information local governments already provide in their housing elements to determine whether they qualiff as prohousing. This minimizes unnecessary duplication of work by local governments with limited resources without lowering the standards to be designated as prohousing. To combat California's housing crisis, we must equitably recognize and incentivize the work local governments of all sizes are doing to promote housing development.
643 Ouince Street Mendota, Calilornia 93640
Telephone: (559) 655-3291 Fax: (559) 655-4064
TDD/ITY 866-735-2919 (English) TDDffTY 866-833-4703 (Spanish) cityolmendota.com
The City ol Mendota is an equal opportunity prouider and employel For these reasons, the City of Mendota is proud to support AB 36 and respectfully requests an "AYE" vote.
Sincerely,
tf*,ff -dd
Victor Martinez
Mayor
r"#tfl
(--
CITYOF MENDOTA
ocCantaloupe Center Of The Vorld"
April 1,2025
Assemblymember Matt Haney
Assembly Housing and Community Development Committee
California State Capitol
Sacramento CA 95814
RE: AB 457 (Soria): Streamlining Farmworker Housing Development in Fresno, Madera, and Merced Counties - SUPPORT
Dear Chair Haney:
On behalf of the City of Mendota, I am pleased to write in support of AB 457 (Soria), which seeks to streamline the approval of affordable farmworker housing in the Counties of Fresno, Madera, and Merced.
AB 457 will allow the ministerial approval of up to 150 units of affordable farmworker housing within 15 miles of farm or grazing lands in the Counties of Fresno, Madera, and Merced, along with a CEQA exemption for these developments. This bill extends a pilot program created for the Counties of Santa Clara and Santa Cruz by AB 3035 (Pellerin 2024) to also apply in the agricultural heartland of the Central Valley.
The City of Mendota, located in the heart of Califomia's Central Valley, is a small yet vibrant agricultural community with a population of approximately 12,000 residents. Known as the "Cantaloupe Center of the World," Mendota is a vital contributor to California's agricultural economy, producing a wide range of crops and providing employment opportunities for thousands of farmworkers. However, the community faces significant challenges, including a shortage of affordable housing, high poverty rates, and limited access to essential services. The City of Mendota is committed to advocating for policies that address the unique needs of rural and agricultural communities, including the development of affordable, dignified housing options for farmworkers who are essential to the region's economy.
While California's housing crisis is mostly seen as an urban issue, its effects on rural areas are equally devastating. Developments on agricultural land in particular face unique challenges such as a lack of critical water and sewer infrastructure as well as long distances to necessary amenities.
AB 457 addresses these challenges by streamlining the development of up to 150 units of aJflordable farmworker housing within 15 miles of farm or grazing land, providing flexibility and better access to amenities and easing connections to infrastructure. AB 457 cuts unnecessary red tape and promotes the development of affordable, dignified housing for the farmworker communities who are the backbone of the Central Valley. 643 0uince Street Mendota, Calilornia 93640
Telephone: (559) 655-3291 Fax: (559) 655'4064
TDD/[TY 866-735-2919 (English) TDD/[TY 866-833-4703 (Spanish) cityolmendola.com
The City ol Mendota is an equal opportunity prouider and employer For these reasons, the City of Mendota is proud to support AB 457 and respectfully requests an .'AYE" vote.
Sincerely,
5ffi,./,{n
Victor Marti fiez
Mayor
,w
CITYOF MENDOTA
.6Cantaloupe Center Of The World"
April 9,2025
RE: Darden Clean Energy Project Community Benefits
To Whom It May Concern,
Intersect Power has been a valued partner and strong supporter of both the City of Mendota and of the Mendota Community Corporation. Their ongoing contributions have significantly enriched our coflrmunity and reflect a sincere dedication to the well-being of our residents.
Specifically, Intersect Power provided funding for our 2nd Annual Christmas Celebration and Toy Giveaway. This event brought joy and festive cheer to countless families. Children had the opportunity to decorate omaments, enjoy treats, and be entertained by local performances, culminating in the distribution of free toys that brought smiles to many faces.
Furthermore, Intersect Power has pledged support for the 2025 Mendota Earth Day Celebration, highlighting their commitment to environmental stewardship. They have also committed to be the Grand Event Sponsor for our June Firework Celebration, funher demonstrating their dedication to community events and celebrations.
Intersect Power has consistently shown a willingness to invest in Mendota, working directly to improve the lives of our residents on the westside. Their partnership has been invaluable, and I look forward to continuing to work with them in the future.
Sincerely,
, n
tfL,f,* ,,,{lo{WVictor Marttnez L*'
Mayor
City of Mendota
643 Ouince Street Mendota, Calilornia 93640
Telephone: (559) 655-3291 Fax: (559) 655-4064
TDD/[TY 866-735-2919 (English) TDD/ITY 866-833-4703 (Spanish) cityolmendota.com
The City ol Mendota is an equal opportunity provider and employer 1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: PUBLIC HEARING TO REVIEW AND CONSIDER STATUS OF DEVELOPMENT
AGREEMENT DEFAULT, ENTITLEMENTS, AND TERMINATION OF DEVELOPMENT
AGREEMENT WITH ODYSSEY AGRICULTURAL DEVELOPMENT, LLC, ODYSSEY AGRICULTURAL HOLDINGS, LLC, AND VALLEY AGRICULTURAL HOLDINGS, LLC; CONSIDERATION OF PLANNING COMMISSION’S FEBRUARY 19, 2025,
RECOMMENDATION REGARDING TERMINATION OF THE DEVELOPMENT
AGREEMENT
PUBLIC HEARING TO CONDUCT THE ANNUAL REVIEW OF PERFORMANCE UNDER
THE DEVELOPMENT AGREEMENT WITH ODYSSEY AGRICULTURAL
DEVELOPMENT, LLC, ODYSSEY AGRICULTURAL HOLDINGS, LLC, AND VALLEY
AGRICULTURAL HOLDINGS, LLC
DATE: MAY 6, 2025
ISSUE
The City Council of the City of Mendota is holding two public hearings:
1. PUBLIC HEARING TO REVIEW AND CONSIDER STATUS OF DEVELOPMENT
AGREEMENT DEFAULT, ENTITLEMENTS, AND TERMINATION OF
DEVELOPMENT AGREEMENT WITH ODYSSEY AGRICULTURAL
DEVELOPMENT, LLC, ODYSSEY AGRICULTURAL HOLDINGS, LLC, AND VALLEY AGRICULTURAL HOLDINGS, LLC; CONSIDERATION OF PLANNING COMMISSION’S FEBRUARY 19, 2025, RECOMMENDATION REGARDING TERMINATION OF THE DEVELOPMENT AGREEMENT.
2. PUBLIC HEARING TO CONDUCT THE ANNUAL REVIEW OF PERFORMANCE
UNDER THE DEVELOPMENT AGREEMENT WITH ODYSSEY AGRICULTURAL
DEVELOPMENT, LLC, ODYSSEY AGRICULTURAL HOLDINGS, LLC, AND VALLEY AGRICULTURAL HOLDINGS, LLC.
Both hearings (jointly referenced below as the “Hearings”) concern the development agreement with Odyssey Agricultural Development, LLC, Odyssey Agricultural Holdings, LLC, and Valley Agricultural Holdings, LLC, for the construction and operation of a cannabis cultivation, processing, and distribution facility on approximately 36 acres (portion of APN 013-030-68ST) located at 418 West Belmont Avenue, Mendota, California 93640.
BACKGROUND
Odyssey Agricultural Development, LLC (“OAD”), Odyssey Agricultural Holdings, LLC (“OAH”), and Valley Agricultural Holdings, LLC (“VA”; together with OAD and OAH, the “Developers”) own and operate a commercial cannabis business on approximately 36 acres (portion of APN 013-030-68ST) located at 418 West Belmont Avenue in the City of Mendota 2 (“City”). This business is a private enterprise subject to a development agreement with the City (the “DA”; Exhibit 1) ensuring legal compliance with the City’s applicable licensing and zoning requirements under the Mendota Municipal Code (“MMC”).
1. Approval of Developers’ DA
In 2017, the City amended the MMC to create a commercial cannabis overlay district to “serve and promote the public health, safety, and welfare of the citizens of Mendota, to facilitate the establishment of permitted commercial cannabis businesses within the city while ensuring that such businesses do not interfere with other lawful land uses, and to provide new sources of revenue to fund city services.” (Mendota Ord. No. 17-13; MMC, § 17.99.010, subd. (B).) The City identified approximately fifty acres of unused, surplus land it owned, and approved publication of a request for proposals seeking businesses interested in leasing and developing that land for commercial cannabis operations within the City. (Mendota Reso. No. 17-62.) Shortly thereafter, the City withdrew its request for proposals. (Mendota City Council Meeting Minutes, January 9, 2018.)
In 2018, the City revised its earlier request for proposals and reissued it, seeking businesses interested in purchasing and developing the land at issue from the City for any useful purpose, including commercial cannabis activity. (Mendota Reso. No. 18-74.) The City reviewed responses to its request for proposals and approved entering into negotiations with VA (also known as the Axiom Group at that time) regarding the surplus land. (See Mendota City Council Meeting Minutes, January 22, 2019, and February 12, 2019.) In October 2019, the City approved Resolution No. 19-79, approving a purchase and sale agreement (the “PSA”) whereby VA agreed to purchase the City’s surplus property for its full appraised value. (Mendota Reso. No. 19-79; Mendota City Council Meeting Minutes, October 22, 2019.) Among other things, the PSA required VA to obtain development entitlements from the City and state, including full compliance with the California Environmental Quality Act (“CEQA”; Pub. Res. Code, §§ 21000, et seq.), at its own expense.
In 2020, VA submitted Application No. 20-23 for a development agreement with the City. The City, as the lead agency responsible for approving a project in its boundaries under CEQA, engaged with environmental consultants regarding VA’s project and eventually adopted a mitigated negative declaration and mitigation monitoring and reporting program indicating the project would not have a substantial impact on the environment if using the proposed mitigation measures. (Mendota Reso. No. 21-01.) On January 26, 2021, the City approved an amendment to the PSA to split the project between two entities, thirty-six acres of which were to be purchased by OAH. (Mendota Reso. No. 21-11.) The City also approved the DA with the Developers, which was not challenged within the ninety-day statute of limitations. (Mendota Ord. No. 21-03; Gov. Code, § 65009, subd. (c)(1).) The City’s sale of thirty-six acres to OAH closed on or about March 22, 2021.
The City recorded the DA with the Office of the Fresno County Recorder on April 16, 2021.
2. Developers’ Request for Conditional Use Permit Revisions 3 Developers requested modifications of their site plans which were approved alongside their Conditional Use Permit (“CUP”; Exhibit 2) in Planning Commission Resolution No. 20-07 and DA in City Council Ordinance No. 21-03. As presented during the August 24, 2021, City Council meeting, the revised site plans contemplate dividing the multiple commercial cannabis license uses from within one (1) 45,000 square-foot building to eight (8) separate structures of the following sizes:
One (1) 9,000 square-foot greenhouse building;
Two (2) 10,000 square-foot processing/manufacturing buildings; One (1) 10,000 square-foot building for corporate offices and employee break rooms;
One (1) 18,000 square-foot distribution building;
One (1) 30,000 square-foot drying/processing building; One (1) 30,000 square-foot manufacturing/drying/processing building; and One (1) 64,000 square-foot indoor cannabis cultivation building.
As with the original site plans, the revised site plans contemplate using the remainder of the site for outdoor cannabis cultivation. City staff’s discussions Developers’ representatives clarified the proposed site reorganization would not affect the total square footage allocated to outdoor cannabis cultivation on the property.
The CUP tasks the City with monitoring the operation of your facility for violations of the conditions of approval. (Exhibit 2, CUP, Operations, § 4.) As approved, the site plans should “depict locations and dimensions of existing and proposed features, utilities, and other improvements.” (Exhibit 2, CUP, General & Site, § 9.)
Development and operation of the project site shall be in substantial conformance with the Site Plan dated September 29, 2020 and the operational statement dated October 13, 2020 as incorporated herein by reference. The City Planner shall determine the extent to which incremental or minor changes to the site plan, the landscape plan, and/or the operational statement meet this requirement.
(Exhibit 2, CUP, General & Site, § 16.)
Following the approval of the CUP, the site plan was flipped on its vertical axis to accommodate site access. This modification was deemed incremental or minor by the City Planner, and no further action was required beyond filing an updated site plan.
In contrast, however, the City Planner has indicated the proposed permanent structure revisions and expansions detailed on the revised site plan discussed above are potentially perceived as resulting in substantial, increased industrial uses of the site, regardless of whether the commercial cannabis license uses are listed in the CUP and DA. Also, the existing site plans did not contemplate the expansion of Developers’ operations in multiple “phases” as presented during the August 24, 2021, City Council meeting. Accordingly, an amendment to the CUP to incorporate the revised site plans and phases of construction, supported by a CEQA addendum 4 indicating no new environmental impacts will occur as a result of these modifications, might be required here in the future.
On September 21, 2021, the City sent a letter to Developers outlining the position above, and stating:
This letter shall serve as notice that, in accordance with Article XI, Section 7 of the California Constitution, the City will exercise its discretion not to expend its enforcement resources to prevent your development of the project site during the pendency of the CUP amendments discussed above. This enforcement discretion is being exercised on a short-term, temporary basis only in recognition of the brief duration of the uses discussed above and your urgent need to proceed to harvest the plants grown in accordance with your existing CUP and DA.
Please be advised that, this letter is non-binding and shall not create any obligation or liability (including any obligation to start or continue negotiations), and no course of conduct or dealing (including, but not limited to, discussions, negotiations, emails, or other correspondence or the exchange of draft documents) shall create any binding obligations on the City’s behalf other than fully executed and delivered approvals. (See Cal. Code Regs., tit. 14, §§ 15004, subd. (b)(4), and 15352.) Any confirmation by the City that it has an interest or willingness to perform as laid out herein shall not foreclose the City’s future consideration of all relevant alternatives or mitigation measures that CEQA may otherwise require to be considered, including, but not limited to, the alternative of not moving forward with amendments to the project at all. All future project approvals are conditions upon your successful compliance with all statutory and regulatory requirements associated with the successful implementation of the same (e.g. obtaining all discretionary permits, including, but not limited to: CEQA documentation, review, and approvals; final adjudication of any legal challenges based on CEQA; and all environmental, title, physical, water quality, and economic aspects of the project having been assessed and resolved sufficiently for the issuance of an amended conditional use permit).
Accordingly, before engaging in any temporary or permanent construction that conflicts with your existing site plans, you must first execute the attached Acknowledgment and Waiver. In so doing, you will acknowledge your understanding that the City will be conducting a comprehensive review of your forthcoming application for an amended CUP and, as a result, you may be required to comply with new or different conditions of approval or regulations. In addition, you will agree that, if, after conducting its 5 review, the City adopts new or different conditions of approval or regulations, you will comply with all such regulations and will not claim that your use of the Property constitutes a legal nonconforming use. (Exhibit 3.) Developers signed an Acknowledgment and Waiver indicating any work on their project site was pending future approval of a CUP amendment, including approvals of other supporting documents and decisions related thereto. (Exhibit 4.) Throughout 2022, the Developers worked to improve their property as outlined above.
3. Annual Public Benefit Fee Requirements in Developers’ DA Developers’ DA requires them to make Quarterly Payments in a minimum annual amount of $600,000.00, representing the Developers’ Public Benefit Fee obligations. (Exhibit 1, DA, § 4.2, subd. (a)(2)(iii)(a).) Developers are obligated to pay 4% of their project’s gross annual receipts instead if that amount exceeds $600,000.00. (Exhibit 1, DA, § 4.2, subd. (a)(2)(iii)(b).)
4. 2022 and 2023 DA Compliance and Public Review Hearings Developers failed to make the required $150,000.00 quarterly public benefit fee payment in February 2022.
At its February 22, 2022, regular City Council meeting, the City received presentations from both Developers and Boca Del Rio Agriculture, LLC (“Boca”; Developers’ neighbor who conducts similar commercial cannabis activities subject to another development agreement) regarding the “state of the local cannabis industry” and the status of their respective developments. (See Mendota City Council Meeting Minutes, February 22, 2022.) During the presentation, Developers explained they have invested $8,200,000.00 in capital for infrastructure improvements, spent $3,400,000.00 in operating expenses, paid $1,500,000.00 in state tax, and provided approximately $600,000.00 in Public Benefit Fees to the City with only $462,391 in total revenue. Developers asserted they had taken approximately $13,200,000.00 in losses as a result of their operations in the City as of February 22, 2022. To that end, Developers indicated they lost 5-7% of their crop to a wind storm in the end of 2021. Developers stated there was a 50-90% decrease in the value of wholesale cannabis due to a shortage of retail outlets and overregulation throughout California. It is noteworthy that California has maintained its 2022 decision not to charge a cannabis cultivation tax. (See https://www.cdtfa.ca.gov/industry/cannabis/distributors-manufacturers-cultivators.htm.) On April 13, 2022, the City Manager contacted Developers via email to state that the City Council expects compliance with all DA payments and conditions as soon as possible. On or about April 18, 2022, Developers sent a picture of a check for the outstanding amounts due to the City Manager. On May 20, 2022, the City Manager contacted Developers to confirm Developers’ $150,000.00 check was returned for insufficient funds. In response, Developers wired a payment of $150,000.00 to the City, which cleared, satisfying Developers’ first of four Public Benefit Fee Quarterly Payment obligations for 2022. 6 Developers failed to make the required $150,000.00 quarterly public benefit fee payment in May 2022.
On July 1, 2022, California stopped charging commercial cannabis cultivators, like Developers, the state cannabis cultivation tax.
On July 12, 2022, Developers appeared before the City Council for an annual review hearing. (See Mendota City Council Meeting Minutes, July 12, 2022.) During the hearing, Developers reiterated concerns regarding the DA’s fees and the City’s general commercial cannabis activity fees. (Id.) The City Council requested Developers come into compliance with the DA and present alternative fee structures for consideration. (Id.) On July 21, 2022, Developers sent a letter to the City Manager outlining their work under the DA, requesting reforms to the City’s generally applicable fees related to commercial cannabis activity, and requesting a fee deferral in the amount of $600,000.00 for “Q2 2022, Q3 2022, Q4 2022 and Q1 2023. (Exhibit 5.) Developers proposed repayment of those amounts in twelve quarterly installments of $50,000.00 beginning in Q2 2023. (Id.) On August 2, 2022, another $150,000.00 came due, but went unpaid. Developers failed to pay the outstanding amounts due by October 29, 2022, and were officially in default after that date. (See Exhibit 1, DA, § 8.1.)
On October 11, 2022, Developers appeared at a City Council meeting to explain their inability to comply with the DA’s fee provisions. (See Mendota City Council Meeting Minutes, dated October 11, 2022.) Among other things, Developers cited making substantial investments into their own facilities, State licensing fees, and lack of profitability. (Id.) On November 2, 2022, another $150,000.00 came due, but went unpaid.
On November 18, 2022, the City sent Developers a Notice of Default and Demand for Cure.
Developers failed to pay the outstanding amounts due before the December 18, 2022, cure deadline. (Exhibit 1, DA, § 8.1.)
On December 13, 2022, Developers sent another letter to the City Manager requesting reforms to the City’s generally applicable fees related to commercial cannabis activity as applying to 2% of gross receipts in 2023 and beyond, and requesting a payment for the outstanding $450,000.00 due to the City in $35,000.00 quarterly installments. (Exhibit 6.) In light of Developers’ default, the City issued Notices of Development Agreement Review Hearings for January 18, 2023, by mailing, posting, and newspaper publication on or before January 8, 2023. (Exhibit 1, DA, § 8.1; Gov. Code, §§ 65865, 65867, 65868, 65090, 65091, 65094.)
The Planning Commission’s January 18, 2023, meeting proceeded as scheduled, wherein Developers offered testimony regarding their continued inability to pay the undisputed amounts due under the DA. Developers requested the Planning Commission recommend the City consider revising all cannabis businesses’ fee structures and consider approving Developers’ 7 requested repayment plan. (Exhibit 6.) The Planning Commission voted to forward these recommendations to the City Council for consideration.
Following this January 18, 2023, Planning Commission hearing, the City issued a Notice of Development Agreement Review Hearing for February 2, 2023, by mailing, posting, and newspaper publication on or before January 22, 2023.
On January 30, 2023, Developers sent the City a letter outlining procedural objections to the processes leading to the February 2, 2023, hearing. (Exhibit 7.) City staff responded to Developers on January 31, 2023, explaining Developers’ procedural objections are unfounded where the City’s conduct has actually given Developers additional time to pay the undisputed sums due to the City. (Exhibit 8.)
On February 2, 2023, the City Council hosted a public hearing to hear Developers’ comments and consider the Planning Commission's recommendations. (See Mendota City Council Meeting Minutes, dated February 2, 2023.) At the conclusion of the hearing, the City Council unanimously voted to proceed with terminating the DA for nonpayment. (Id.) Developers paid the City $350,000.00 before the expiration of the five-day cure period.
5. 2024 DA Compliance and 2025 Default Review Hearings
On May 2, 2024, $150,000.00 came due, but went unpaid. (Exhibit 9.) On August 2, 2024, $150,000.00 came due, but went unpaid. (Id.) On September 16, 2024, Developers made a payment of $100,000.00, bringing their unpaid balance down to $200,000.00. (Id.)
On November 2, 2024, $150,000 came due, but went unpaid. (Id.) This brought Developers’ unpaid balance up to $350,000.00. (Id.)
On December 6, 2024, the City sent Developers a Notice of Default and Demand for Cure (“Demand”). (Id.) In part, the Demand stated:
As of the date of this notice, a total of $350,000 is currently past due to the City. (See Development Agreement, §§ 4.2-4.6.) Pursuant to Section 8.1, subdivisions (a) and (e), of the Development Agreement, the City demands Developers cure this default by paying the City all outstanding amounts due within forty-six days of the date of this notice. Such deadline to cure Developers’ default expires at 5:00 p.m. on January 21, 2025. (Id., emphasis in original.) This forty-six-day cure period exceeded the thirty-day minimum period required by Subdivisions (a) and (b) of Section 8.1 of the DA. (Exhibit 1, DA, § 8.1, subd. (a).)
8 Developers failed to make the required payments to the City before 5:00 p.m. on January 21, 2025. (Exhibit 10.) Accordingly, Developers are in formal default of the DA. During this default, Developers are prohibited from submitting any permit applications to or receiving any permits from the City. (Exhibit 1, DA, § 8.1, subd. (f).) Pursuant to Subdivisions (b) and (c) of Section 8.1 of the DA, the City issued a Notice of Public Hearing to Review and Consider Status of Development Agreement Default, Entitlements, and Termination of Development Agreement for Wednesday, February 19, 2025, at 6:30 p.m., by mailing, posting, and newspaper publication before the applicable February 9, 2025, deadline. (Exhibit 1, DA, § 8.1; Exhibits 10-12; Gov. Code, §§ 65865, 65865.1, 65867, 65868, 65090, 65091, 65094.) These public notices cost the City more than $340.00, plus legal fees yet to be determined.
Another $150,000.00 came due on February 2, 2025, but went unpaid. (Exhibit 10.) This brought Developers’ unpaid balance up to $500,000.00; however, only the outstanding $350,000.00 figure in the Demand was in formal default at the time of the Planning Commission’s February 19, 2025, meeting. (Id.)
On February 18, 2025, Developers contacted the City to assert they would be paying all outstanding public benefit fees as follows: $175,000 on February 19, 2025; $175,000 on March 6, 2025; and $150,000 on March 26, 2025. (Exhibit 13.)
The Planning Commission hosted a public hearing on February 19, 2025, to review the status of Developers’ public benefit fee default under the DA. (Exhibit 14.) During the hearing, public participants appeared before the Planning Commission to assert Developers have failed to comply with the DA’s requirement that Developers and their agents maintain workers’ compensation insurance in connection with all activities onsite. (Exhibit 1, DA, § 6.1, subd. (c).) After finding Developers had failed to cure their default status for unpaid public benefit fees, the Planning Commission voted to recommend the City Council consider terminating the DA.
Developers issued public benefit fee payments to the City in the following amounts: $175,000 on February 19, 2025; $87,500 on March 7, 2025; and $87,500 on March 10, 2025. Those payments cured the formal default status related back to the Demand. To date, Developers have not paid the outstanding $150,000 that came due on February 2, 2025.
Pursuant to Subdivisions (b) and (c) of Section 8.1 of the DA, the City issued notices for the Hearings scheduled on Tuesday, April 15, 2025, at 6:00 p.m., by mailing, posting, and newspaper publication before the applicable April 5, 2025, deadline. (Exhibit 1, DA, § 8.1; Exhibits 15-17; Gov. Code, §§ 65865, 65865.1, 65867, 65868, 65090, 65091, 65094.) On April 15, 2025, the City Council meeting was adjourned to May 6, 2025, pursuant to government code section 54955. (Exhibit 18.)
These enforcement efforts have cost the City several hundred dollars for public notices plus legal fees yet to be determined.
ANALYSIS
9 The instant hearing was set to allow the City Council to consider the status of Developer’s default under the DA, consider the Planning Commission’s February 19, 2025, recommendation, and review Developers’ performance under the DA’s requirements. (See Exhibits 13-17.)
1. Relevant DA Provisions
The DA’s terms relevant to public benefit fees, default, and termination are as follows:
Section 4.2. Public Benefit.
(a) The Parties acknowledge and agree that this Agreement confers substantial private benefits upon Developer, OAH, and VA that will place burdens upon City infrastructure, services, and neighborhoods. Accordingly, the Parties
intend to provide consideration to City to offset these impacts that is commensurate with the private benefits
conferred on Developer, OAH, and VA (the “Public
Benefit Fee”). Developer, OAH, and VA acknowledge that
the Public Benefit Fees provided for herein are greater than the annual fee provided for in Mendota Municipal Code
section 17.99.070 and, despite this fact, voluntarily agree to pay the fees contemplated herein, acknowledging that the private benefits conferred are of equal or greater
consideration to the fees, and waives any right to challenge said fees as a violation of any law. In consideration of the foregoing, Developer, OAH, and/or VA shall remit to City:
(1) A one-time Public Contribution Payment in the
amount of ONE HUNDRED AND TWENTY
THOUSAND DOLLARS ($120,000) (the
“Contribution Payment”) within thirty (30) days of
Developer, OAH, and/or VA closing escrow on that
certain Purchase and Sale Agreement and Joint
Escrow Instructions entered into by and between
Developer, OAH, VA, and City on or about October
22, 2019, and thereby, Developer, OAH, and/or VA
obtaining fee title interest to the Property. City
acknowledges that Developer’s, OAH’s, and/or
VA’s obligation to remit the Contribution Payment
to the City, or any portion thereof, is strictly
conditioned on (a) the Agreement having obtained
final City approval, (b) Developer having obtained
the Conditional Use Permit as discussed in Section
2.5 above, (c) Developer having obtained any and
all “Subsequent Entitlements, Approvals, and
Permits” as discussed in Section 2.6 above, and (d)
10 Developer having obtained any and all “Subsequent
City Approvals” as discussed in Section 3.1 above.
(2) As described in Section 17.99.070 of the Mendota
Municipal Code, an annual “Public Benefit Fee” in
the greatest amount of the following, as applicable:
(i) FIVE DOLLARS ($5.00) per square foot for
so long as the Developed Portions of the
Property are less than two hundred thousand
(200,000) square feet; or
(ii) FOUR DOLLARS ($4.00) per square foot
for so long as the Developed Portions of the
Property are between two hundred thousand
(200,000) square feet and four hundred
ninety-nine, nine hundred ninety-nine
thousand (499,999) square feet; or
(iii) For so long as the Developed Portions of
the Property are five hundred thousand
(500,000) square feet or greater, the
greater amount of the following:
(A) SIX HUNDRED THOUSAND
DOLLARS ($600,000); or
(B) Four percent (4%) of the Project’s
annual Gross Receipts, as defined in
Section 1.4.
To the extent that Section 4.2(a)(2) is applicable for the calculation of the Public Benefit Fee, said fee will be adjusted pursuant to the Consumer Price Index for the
Fresno/Clovis metropolitan area (All Urban Consumers)
published by the United Stated Department of Labor,
Bureau of Labor and Statistics (“Index”). The adjustment shall be made based on the first Index published in the year for which the Public Benefit Fee is paid and shall be
subject to a maximum increase of 2% in any given year.
(3) The annual Public Benefit Fee described in Section
4.2, above, shall be paid in quarterly installments on
the first (1st) business day of every third (3rd)
month (“Quarterly Payment”).
11 (b) Developer, OAH, and/or VA shall remit the Contribution Payment and the Public Benefit Fee as applicable, to City as described in subdivisions (a.1), (a.2), and (a.3) of this Section. Failure to remit the Contribution Payment and
Public Benefit Fee, as applicable, is a material breach of this Agreement and shall be sufficient grounds for
revocation of all entitlements associated with the
Project. For purposes of clarity and avoidance of doubt, the Parties agree and acknowledge that Developer’s,
OAH’s, and/or VA’s obligation to commence making the
Public Benefit Fee payment to the City shall commence on the first day of Project operation when the first crop is planted and not prior to that date.
(Exhibit 1, DA, § 4.2, emphasis added.)
Section 4.5. Late Fee.
Developer, OAH, and VA acknowledge that, to ensure proper compliance with the terms of this Agreement and any applicable laws, City must engage in costly compliance review, inspections, and, if necessary, enforcement actions to protect the health, safety, and welfare of its residents. Liquidated damages and interest provisions are necessary to assist City in compliance review and enforcement actions. If Developer, OAH, or VA fail to make any payment when due as required by this Agreement, including the Public Benefit Amount, City may impose a “Non-Performance Late Fee.” A Non-Performance Late Fee of one percent (1%) shall be applied to all past due payments. City shall deliver to Developer, OAH, and/or VA a “Notice of Non-Performance Late Fee,” attached hereto as Exhibit C. Payment of the NonPerformance Late Fee shall be in a single installment due on or before a date fifteen (15) calendar days following delivery of the Notice of Non-Performance Late Fee. The Parties hereto
acknowledge and agree that the sums payable under this Section
4.5 shall constitute liquidated damages and not penalties and are in addition to all other rights of the City, including the right to call a default. The Parties further acknowledge that (i) the amount of loss or damages likely to be incurred is incapable or is difficult to precisely estimate, (ii) the amounts specified herein bear a reasonable relationship to, and are not plainly or grossly disproportionate to, the probable loss likely to be incurred in connection with any failure by Developer, OAH, or VA to remit payment as required by this Agreement, (iii) one of the reasons for the Parties’ agreement as to such amounts was the uncertainty and cost of litigation regarding the question of actual damages, and (iv) 12 the Parties are sophisticated business parties and have been represented by sophisticated and able legal counsel and negotiated this Agreement at arm’s length.
Section 4.6. Interest on Unpaid Non-Performance Late Fee.
If Developer, OAH, and/or VA fail to pay the Non-Performance Late Fee after City has delivered the Notice of Non-Performance Late Fee, then, in addition to the principal amount of the NonPerformance Late Fee, Developer, OAH, and/or VA shall pay City interest at the rate of eighteen percent (18%) per annum, computed on the principal amount of the Non-Performance Late Fee, from a date fifteen (15) calendar days following delivery of the Notice of Non-Performance Late Fee.
(Exhibit 1, DA, §§ 4.5, 4.6.)
Section 8.1. General Provisions.
(a) Subject only to any extensions of time by mutual consent in writing, or as otherwise provided herein, the failure or delay by any Party to perform in accordance with the terms and provisions of this Agreement shall constitute a default.
Any Party alleging a default or breach of this Agreement (“Charging Party”) shall give the other Party (“Charged Party”) not less than thirty (30) calendar days’ written notice, which shall specify the nature of the alleged default and the manner in which the default may be cured. During any such thirty (30) calendar day period, the Charged Party shall not be considered in default for purposes of
termination of this Agreement or institution of legal
proceedings for the breach of this Agreement.
(b) After expiration of the thirty (30) calendar day period, if such default has not been cured or is not in the
process of being diligently cured in the manner set forth in the notice, or if the breach cannot reasonably be
cured within thirty (30) calendar days, the Charging
Party may, at its option, institute legal proceedings
pursuant to this Agreement or give notice of its intent to terminate this Agreement pursuant to Government
Code section 65868. In the event City is the Charging
Party, City may, in its sole discretion, give notice, as required by law, to the Charged Party of its intent to
revoke or rescind any operable Conditional Use Permit
or other entitlement related to or concerning the
Project.
13 (c) Prior to the Charging Party giving notice to the Charged Party of its intent to terminate, or prior to
instituting legal proceedings, the matter shall be
scheduled for consideration and review by City in the
manner set forth in Government Code sections 65865,
65867, and 65868 or the comparable provisions of the
Mendota Municipal Code within thirty (30) calendar days from the expiration of the thirty (30) day notice period. (d) Following consideration of the evidence presented and said review before City, and after providing the
Charged Party an additional five (5) calendar day
period to cure, the Charging Party may institute legal
proceedings against the Charged Party or may give
written notice of termination of this Agreement to the
Charged Party.
(e) Evidence of default may arise in the course of a regularly scheduled periodic review of this Agreement pursuant to Government Code section 65865.1, as set forth in Section
8.2. If any Party determines that another Party is in default following the completion of the normally scheduled
periodic review, without reference to the procedures
specified in Section 8.1(c), said Party may give written notice of termination of this Agreement, specifying in the notice the alleged nature of the default and potential actions to cure said default where appropriate. If the alleged default is not cured in thirty (30) calendar days or within such longer period specified in the notice or the defaulting Party is not diligently pursuing a cure or if the breach cannot reasonably be cured within the period or the defaulting party waives its right to cure such alleged default, this Agreement may be terminated by the non-defaulting Party by giving written notice.
(f) In the event Developer, OAH, and/or VA are in default under the terms and conditions of this Agreement, no
permit application shall be accepted by City nor will
any permit be issued to Developer, OAH, and/or VA
until the default is cured, or the Agreement is
terminated.
(g) In the event that a person or entity other than the Developer, OAH, and/or VA are in default, Developer,
OAH, and/or VA shall use commercially reasonable efforts to bring the person or entity in default into compliance.
The City shall provide the Developer, OAH, and/or VA
14 with notice and opportunity to cure as provided for in paragraph (a) through (e) above, except that the time
periods in paragraphs (a), (b), (c), and (e) shall be ninety (90) days.
(Exhibit 1, DA, § 8.1, emphasis added.)
Section 8.5. Cumulative Remedies of Parties.
In addition to any other rights or remedies, City, Developer, OAH, and/or VA may institute legal or equitable proceedings to cure, correct, or remedy any default, enforce any covenant, or enjoin any threatened or attempted violation of the provisions of this Agreement, so long as any such action conforms to Section 8.1(c) of this Agreement.
(Exhibit 1, DA, § 8.5.)
2. Relevant Government Code Provisions
(a) Any city, county, or city and county, may enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property as provided in this article.
(b) Any city may enter into a development agreement with any person having a legal or equitable interest in real property in unincorporated territory within that city’s sphere of influence for the development of the property as provided in this article.
However, the agreement shall not become operative unless annexation proceedings annexing the property to the city are completed within the period of time specified by the agreement. If the annexation is not completed within the time specified in the agreement or any extension of the agreement, the agreement is null and void.
(c) Every city, county, or city and county, shall, upon request of an applicant, by resolution or ordinance, establish procedures and requirements for the consideration of development agreements upon application by, or on behalf of, the property owner or other person having a legal or equitable interest in the property. (d) A city, county, or city and county may recover from applicants the direct costs associated with adopting a resolution or ordinance to establish procedures and requirements for the consideration of development agreements.
15 (e) For any development agreement entered into on or after January 1, 2004, a city, county, or city and county shall comply with Section 66006 with respect to any fee it receives or cost it recovers pursuant to this article.
(Gov. Code, § 65865.)
Procedures established pursuant to Section 65865 shall include provisions requiring periodic review at least every 12 months, at which time the applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. If, as a result of such periodic review, the local agency finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with terms or conditions of the
agreement, the local agency may terminate or modify the agreement.
(Gov. Code, § 65865.1, emphasis added.)
A public hearing on an application for a development agreement shall be held by the planning agency and by the legislative body. Notice of intention to consider adoption of a development agreement shall be given as provided in Sections 65090 and 65091 in addition to any other notice required by law for other actions to be considered concurrently with the development agreement. (Gov. Code, § 65867, emphasis added.)
(a) A development agreement is a legislative act that shall be approved by ordinance and is subject to referendum.
(b) A development agreement shall not be approved unless the legislative body finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan. (c) A development agreement that includes a subdivision, as defined in Section 66473.7, shall not be approved unless the agreement provides that any tentative map prepared for the subdivision will comply with Section 66473.7.
(d) Notwithstanding Section 65803, this section shall also apply to a charter city.
(Gov. Code, § 65867.5.)
16 A development agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided by Section 65867. An amendment to an
agreement shall be subject to the provisions of Section 65867.5. (Gov. Code, § 65868, emphasis added.)
FISCAL IMPACT
Developers currently owe the City $150,000.00 in public benefit fees.
Enforcement costs and legal fees yet to be determined.
RECOMMENDATIONS
Staff recommends the City Council listen to testimony submitted by Developers, if any; discuss Developers’ performance under the DA and their default status; and consider the Planning Commission’s recommendations regarding the outstanding public benefit fees due to the City under the DA and next steps regarding the City’s enforcement of the DA.
Exhibits:
1. Development Agreement
2. Conditional Use Permit
3. City Letter Regarding Request for Conditional Use Permit Modifications
4. Acknowledgment and Waiver from Odyssey Agricultural Holdings, LLC
5. Developers’ Letter dated July 21, 2022
6. Developers’ Letter dated December 13, 2022
7. Developers’ January 30, 2023, Letter to City Staff
8. City’s January 31, 2023, Letter to Developers
9. Notice of Default and Demand for Cure dated December 6, 2024
10. City’s February 4, 2025, Letter Providing Notice of Public Hearing to Review and Consider Status of Development Agreement Default, Entitlements, and Termination of Development Agreement before the Planning Commission on February 19, 2025
11. Posted Notice of Public Hearing to Review and Consider Status of Development Agreement Default, Entitlements, and Termination of Development Agreement before the Planning Commission on February 19, 2025
12. Published Notice of Public Hearing to Review and Consider Status of Development Agreement Default, Entitlements, and Termination of Development Agreement before the Planning Commission on February 19, 2025
13. February 18, 2025, Correspondence from Developers
14. February 19, 2025, Special Planning Commission Meeting Agenda
15. City’s April 1, 2025, Letter Providing Notice Two Public Hearings Before the City Council on April 15, 2025
17 16. Posted Notice of Two Public Hearings Before the City Council on April 15, 2025
17. Published Notice of Public Hearing to Review and Consider Status of Development Agreement Default, Entitlements, and Termination of Development Agreement on April 15, 2025
18. April 15, 2025, Notice of Adjournment
19. April 15, 2025, Comments from California Rural Legal Assistance, Inc.
EXHIBIT EXHIBIT EXHIBIT EXHIBIT 11
Bl AAP LUA ROR RAMP
2021-0078341
FRESNO County Recorder Paul Dictos, CPA
AND WHEN RECORDED SIATL Wednesday, May 12, 2021 11:32:09 AM TO: Titles: 1 Pages: 43
Fees: Q.00
City of Mendota CA SB2 Fee: ®.00
643 Quince Street Tener) es
Mendota, California 93640 crty 6F MENDOTA
Attn: Cristian Gonzalez
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Recording Fee Exempt per Government Code §6103 and §27388.1(2)(D)
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into this 26th. day of March , 2021, by and between the CITY OF MENDOTA, a municipal corporation of the State of California (“City”), ODYSSEY AGRICULTURAL DEVELOPMENT, LLC, a California limited liability company (“Developer”), ODYSSEY AGRICULTURAL HOLDINGS, LLC, a California limited liability company (“OAH”), and VALLEY AGRICULTURAL HOLDINGS, LLC, a California limited liability company (“VA”). City, Developer, OAH, or VA may be referred to herein individually as a “Party” or collectively as the “Parties.” There are no other parties to this Agreement.
RECITALS
A. On October 9, 2015, Governor Jerry Brown signed three bills into law (Assembly Bill 266, Assembly Bill 243, and Senate Bill 643) which are collectively referred to as the Medical Cannabis Regulation and Safety Act (“MCRSA”). MCRSA establishes a statewide regulatory system for the cultivation, processing, transportation, testing, manufacturing, and distribution of medical marijuana to qualified patients and their primary caregivers.
B. On November 8, 2016, California voters enacted Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act, also known as the Adult Use of Marijuana Act (“AUMA”), which establishes a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical cannabis, including cannabis products, for use by adults 21 years and older, and to tax the growth and retail sale of cannabis for nonmedical use.
GC On June 27, 2017, Governor Jerry Brown signed into law the Medicinal and AdultUse Cannabis Regulation and Safety Act (“MAUCRSA”), which creates a single regulatory scheme for both medicinal and adult-use cannabis businesses. MAUCRSA retains the provisions in MCRSA and AUMA that granted local jurisdictions control over whether businesses engaged in Commercial Cannabis Activity, as defined in Section 1.4 of this Agreement, may operate in a particular jurisdiction.