Agenda packet — Mendota City Council, April 8, 2026

CITY OF MENDOTA

CASH DISBURSEMENTS
03/11/2026 - 03/26/2026
CK# 057751 - 057814
Check Date Check Number Check Amount Vendor Name Department Description March 11, 2026 57751 $ 195,576.00 CITY OF MENDOTA PAYROLL GENERAL PAYROLL TRANSFER FOR 2/23/2026 - 3/08/2026 March 13, 2026 57752 $ 1,615.77 BSK ASSOCIATES WATER, SEWER

WASTEWATER WEEKLY GRAB SAMPLES ( BOD/TDS/NITRATE) & GENERAL EDT MONTHLY FOR 2/03/2026 - 2/24/2026
March 13, 2026 57753 $ 1,944.06 COMCAST GENERAL, WATER, SEWER CITYWIDE XFINITY SERVICES FOR 3/06/2026 - 4/05/2026 March 13, 2026 57754 $ 175.00 CORBIN WILLITS SY'S INC. GENERAL, WATER, SEWER

BILLABLE HOURLY BANK RECONCILIATION SERVICES PERFORMED ON 2/24/2026
March 13, 2026 57755 $ 4,523.49 DATA PATH, INC. GENERAL, WATER, SEWER MONTHLY BILLING FOR MARCH 2026 - MANAGED SERVICES-SITE, BACK

UP-SERVER, ENDPOINT ADVANCED THREAT PROTECTION
March 13, 2026 57756 $ 313.60 FRESNO PET CEMETERY GENERAL GROUP CREMATION SERVICES FOR 35 CASES ( TOTAL WEIGHT : 481 LBS),

INCLUDING PICKUP FEE
March 13, 2026 57757 $ 100.00 M.C REPAIRS FULL DIAGNOSTIC GENERAL 2018 JEEP UNIT 90: HEADLIGHT REPLACEMENT PERFORMED TO

CORRECT ELECTRICAL SHORT
March 13, 2026 57758 $ 676.54 MENDOTA 1 SMOG GENERAL
MULTIPLE PD VEHICLE MAINTENANCE SERVICES ; BATTERY,

ALTERNATORS, & FIRE EXTINGUISHER BRACKETS INSTALLS
March 13, 2026 57759 $ 106.10 OFFICE DEPOT WATER, SEWER OFFICE SUPPLIES - PAPER, (2) PAPER COPY, NOTES, LABEL, POST IT

NOTES & ULTRA AST
March 13, 2026 57760 $ 1,907.22 RAMON'S TIRE & AUTO SERVICES GENERAL, SEWER, STREETS TIRE & VALVE -STEM SERVICES FOR DISC 57 & STREET SWEEPER, PLUS OIL CHANGE FOR 2025 DURANGO UNIT 78
March 13, 2026 57761 $ 54.61
RTL ENTERPRISES, INC.DBA INTERSTATE

BATTERIES GENERAL
(1)ECONO & (1) ATCORE BATTERY INSTALLED FOR UNIT M98 (POILCE

DEPARTMENT)
March 13, 2026 57762 $ 2,034.93 SEQUOIA BARK SALES GENERAL VETERANS PARK - (65) PLAYGROUND FIBER CHIPS & INCLUDING FREIGHT March 17, 2026 57763 $ 517.28 AFLAC GENERAL AFLAC INSURANCES FOR MARCH 2026 March 17, 2026 57764 $ 213.36 AG & INDUSTRIAL SUPPLY INC. SEWER, STREETS SEWER/ STREET SUPPLIES - (4)HOSE FU/ OIL & (2) GLOBAL FITTINGS March 17, 2026 57765 $ 550.51 ALEX AUTO DIAGNOSTICS GENERAL 2018 JEEP GRAND CHEROKEE - SMOKE TEST, SOFTWARE UPDATES &

SMOG INSPECTIONS FOR PD VEHICLE
March 17, 2026 57766 $ 110.00 JOSE ALONSO GENERAL PERDIEM FOR SACRAMENTO ADVOCACY TRIP 3/24/2026 - 3/25/2026 March 17, 2026 57767 $ 1,499.56 AMAZON CAPITAL SERVICES, INC GENERAL, WATER, SEWER MARCH 2026 -CITY HALL, PD, & ANIMAL CONTROL SUPPLIES ( DRAWERS,

FILTERS, DATE STAMP, PAPER, AND HAND TOWELS )
March 17, 2026 57768 $ 1,105.70 COMCAST BUSINESS GENERAL

FRESNO COUNTY SHERIFFS MENDOTA POLICE DEPARTMENT CIRCUIT FOR FEBRUARY 2026
March 17, 2026 57769 $ 98.00 DEPARTMENT OF JUSTICE GENERAL (4) MONTHLY SERVICES FOR THE MONTH OF FEBRUARY 2026 March 17, 2026 57770 $ 110.00 GONZALEZ, CRISTIAN GENERAL, WATER, SEWER PER DIEM FOR SACRAMENTO ADVOCACY TRIP 3/24/2026 - 3/25/2026 March 17, 2026 57771 $ 28.65 iCAD INC. SEWER REPAIR OF ROCKWELL HMI INCLUDING SCREEN REPLACEMENT March 17, 2026 57772 $ 11,687.08 JAM SERVICES, INC STREETS (2) CARMANAH R920-MX SOLAR POWERED RRFBS WITH DUAL LIGHT BARS
March 17, 2026 57773 $ 881.25 LIGHTHOUSE ELECTRICAL INC SEWER SERVICE WORK TO CORRECT PUMP 1 AUTOMATIC CONTROL ISSUE AT

LOZANO LIFT STATION
March 17, 2026 57774 $ 110.00 VICTOR MARTINEZ GENERAL PER DIEM FOR SACRAMENTO ADVOCACY TRIP 3/24/2026 - 3/25/2026 March 17, 2026 57775 $ 65.56 MUNICIPAL MAINTENANCE EQUIPMENT STREETS STREET SWEEPER - (3) GUTTER BROOM HUB KEY 1/8" March 17, 2026 57776 $ 16,721.39 PROVOST & PRITCHARD GENERAL, STREETS

PROFESSIONAL SERVICES FOR PLANNING & ENGINEERING PROJECTS (GENERAL PLAN, HOUSING ELEMENT, & VESTING MAP)
March 17, 2026 57777 $ 2,325.00 RAPID GROUND TRANSPORT, LLC WATER, STREETS RECYCLED BASE ROCK 3 LOADS FOR WATER AND STREETS

DEPARTMENT
March 17, 2026 57778 $ 2,867.95 SORENSEN MACHINE WORKS

GENERAL, WATER, SEWER,
STREETS FEBRUARY 2026 CITYWIDE DEPARTMENT SUPPLIES
March 17, 2026 57779 $ 420.85 UNION PACIFIC RAILROAD COMPANY STREETS PUBLIC ROADWAY ENCROACHMENT FOR APRIL 2026 March 17, 2026 57780 $ 411.73 SUNNYSIDE TROPHY GENERAL
POLICE DEPARTMENT (3) 10.5 X 13 PIANO BOARDS WITH ENGRAVING AND (1) 10.5 X 13 BLACK PIANO BOARD
March 17, 2026 57781 $ 888.00 THE BUSINESS JOURNAL STREETS PUBLICATION NOTICE ADVERTISING BIDS FROM CONTRACTORS FOR 2024

LOCAL STREET RECONSTRUCTION
March 17, 2026 57782 $ 400.00 UNITED HEALTH CENTERS GENERAL (2) PRE-EMPLOYMENT PHYSICAL EXAM FOR THE POLICE DEPARTMENT March 17, 2026 57783 $ 186.56 UNIFIRST CORPORATION WATER, SEWER CLEANING SUPPLIES - (2) WET MOP, (2) MOPS - UNFRAMED, (50) TERRY CLOTHS

CITY OF MENDOTA

CASH DISBURSEMENTS
03/11/2026 - 03/26/2026
CK# 057751 - 057814
March 17, 2026 57784 $ 423.04 VESTIS GROUP, INC. GENERAL, WATER, SEWER PUBLIC WORKS UNIFORM SERVICES FOR 3/05/2026 & 3/12/2026 March 17, 2026 57785 $ 9,420.52

WANGER JONES HELSLEY PC

ATTORNEYS GENERAL, WATER, SEWER
LEGAL SERVICES FOR GENERAL, ELEMENT 7 DISPENSARY,
DEVELOPMENT AGREEMENTS, AND LITIGATION FEBRUARY 15, 2026 March 25, 2026 57786 $ 211,649.00 CITY OF MENDOTA PAYROLL GENERAL PAYROLL TRANSFER FOR 3/09/2026 - 3/22/2026 March 26, 2026 57787 $ 302.97 ADT SECURITY SERVICES GENERAL, WATER

SECURITY SERVICES FOR ROJAS PIERCE CONCESSON STAND FOR
4/1/2026 - 6/30/2026 & WATER TREATMENT FOR 4/4/2026 - 5/03/2026 March 26, 2026 57788 $ 48,480.75 AETNA LIFE INSURANCE COMPANY GENERAL MEDICAL INSURANCE FOR APRIL 2026 March 26, 2026 57789 $ 1,753.49 AT&T MOBILITY GENERAL POLICE DEPARTMENT PHONE SERVICE 2/12/2026 - 3/11/2026 March 26, 2026 57790 $ 270.00 CARMEN CASTRO GENERAL

PERSONALIZED SOCCER BALLS PURCHASED FOR THE INAUGUARATION

OF THE NEW SOCCER FIELD
March 26, 2026 57791 $ 956.82 COLONIAL LIFE GENERAL LIFE INSURANCE PREMIUM FOR JANUARY 2026 March 26, 2026 57792 $ 4,997.23 CORBIN WILLITS SY'S INC. GENERAL, WATER, SEWER

BILLABLE HOURLY CHARGES AND ENHANCEMENT AND SERVICES FEES FOR APRIL 2026
March 26, 2026 57793 $ 428.60 CROWN SERVICES CO. GENERAL, SEWER RENTAL OF (1) PORTABLE TOILET WEEKLY AT WWTP, POOL PARK, AND LOZANO PARK FOR 2/13/2026 - 3/12/2026
March 26, 2026 57794 $ 120.25 ELECTRIC DRIVES INC STREETS STREET LIGHTS PURCHASES - (12) BUSSMAN 30AMP 600V FAST ACTING March 26, 2026 57795 $ 1,770.70 GLOBAL INDUSTRIAL GENERAL

FACILITY PURCHASES FOR A NEW OUTDOOR DRINKING WATER
FOUNTAIN : WATER FILTER, FILTER BY PASS, & BRACKETS
March 26, 2026 57796 $ 2,844.93 HD SUPPLY WHITE CAP CONSTRUCTION GENERAL, STREETS

PARKS AND STREETS PURCHASE FOR CONCRETE FORMING, FINISHING

MATERIALS, & ALUMINUM SCREEN PANEL
March 26, 2026 57797 $ 7,178.17 HUMANA INSURANCE COMPANY GENERAL VISION, DENTAL, AND LIFE INSURANCE FOR APRIL 2026 March 26, 2026 57798 $ 1,112.50 iCAD INC. SEWER

DELIVERED AND INSTALLED WASTEWATER TREATEMENT PLANT HIM

SERVICE WORK, INCLUDING MILEAGE
March 26, 2026 57799 $ 269.94 SIMPLOT GROWER SOLUTIONS WATER, SEWER PURCHASE OF (10) GALLONS OF ROUNDUP POWERMAX FOR WEED

ABATEMENT
March 26, 2026 57800 $ 800.00 TJ LAW & ASSOCIATES INVESTIGATION GENERAL (1) LAW ENFORCEMENT BACKGROUND INVESTIGATION FOR THE POLICE

DEPARTMENT
March 26, 2026 57801 $ 306.49 LEAF GENERAL, WATER, SEWER (2) KYOCERA COPIER SYSTEMS FOR MARCH 2026 March 26, 2026 57802 $ 1,640.99 MID VALLEY DISPOSAL, INC REFUSE, STREETS PUBLIC WORKS REFUSE SERVICES PORVIDED FROM MARCH 1ST
THROUGH MARCH 15, 2026
March 26, 2026 57803 $ 144.12 OFFICE DEPOT GENERAL, WATER, SEWER

SPECIAL DEPARTMENT & OFFICE SUPPLIES, INCLUDING SUGAR, COFFEE,

PAPER, & RECEIPT BOOKS
March 26, 2026 57804 $ 36,073.45 PG&E

GENERAL, WATER, SEWER,

STREETS
WATER DEPARTMENT UTILITIES (2/10/2026 - 3/12/2026) & CITYWIDE UTILITIES FOR (2/03/2026 - 3/09/2026)
March 26, 2026 57805 $ 146.93 PITNEY BOWES INC. GENERAL, WATER, SEWER

POSTAGE METER RENTAL AND SERVICE AGREEMENT FOR JANUARY - MARCH 2026
March 26, 2026 57806 $ 1,566.31 PLATT ELETRIC SUPPLY STREETS PURCHASES OF (5) ADJUSTABLE - LUMEN LED LIGHTS FOR THE STREETS ( LMK LAS45S-TA, 4000K)
March 26, 2026 57807 $ 7,600.00 PRICE PAIGE & COMPANY CERTIFIED

GENERAL, WATER, SEWER,

REFUSE, STREETS
PROFESSIONAL SERVICES FOR JUNE 30,2025 AUDITED FINANCIAL

STATEMENTS
March 26, 2026 57808 $ 2,311.90 PURCHASE POWER GENERAL, WATER, SEWER POSTAGE METER REFILLS FOR 2/25/2026 - 2/26/2026 & 3/09/2026 - 3/10/2026
March 26, 2026 57809 $ 535.00 TECH MASTER PEST MANAGEMENT GENERAL, WATER, SEWER

PEST CONTROL SERVICES CITY HALL/DMV/YOUTH CENTER, WATER

DIVISION BLDS, PUBLIC WORKS, POLICE DEPARTMENT
March 26, 2026 57810 $ 1,377.43 TRIANGLE ROCK PRODUCTS,LLC STREETS HMA SP 1/2" (9.19 TONS) & 3/8" CM SC3000 (5.82 TONS) INCLUDING

ENVIRONMENTAL FEES FOR AGEE & ASPHALT
March 26, 2026 57811 $ 798.17 VERIZON WIRELESS GENERAL, WATER, SEWER CITYWIDE CELLPHONE SERVICES 2/7/2026 - 3/06/2026 March 26, 2026 57812 $ 1,180.67 VULCAN MATERIALS COMPANY STREETS HMA SP-A 1/2" (6.52 TONS) & 1/2" HMA TYPE A (8.50 TONS) INCLUDING

ENVIRONMENTAL FEES FOR AGEE AND ASPHALT
March 26, 2026 57813 $ 5,814.74

WANGER JONES HELSLEY PC
ATTORNEYS GENERAL, SEWER LEGAL SERVICES FOR SPECIAL LEGAL SERVICES FEBRUARY 15, 2026 March 26, 2026 57814 $ 321,256.75 W.M. LYLES CO. WATER WESTSIDE WATER TANK & PUMP STATION FEBRUARY 2026 $ 923,757.61

1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CELESTE CABRERA-GARCIA, CITY CLERK & ANTONIO PIZANO, DEPUTY CITY CLERK VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: UPDATING THE CITY OF MENDOTA’S FACILITY USE POLICY DATE: APRIL 8, 2026
ISSUE
Shall the City Council adopt Resolution No. 26-05, updating the City of Mendota’s Facility Use Policy?

BACKGROUND
At its September 2, 2025, regular meeting, the City Council discussed updates to the City of Mendota’s Facility Use Policy to ensure equitable access to the soccer fields and maintain field conditions. The City Council directed staff to incorporate the following changes related to soccer field reservations:

1. Update the Priority Group Classifications.

2. Limit soccer field reservations to Saturdays and Sundays. Only games and tournaments will be permitted, and applicants must submit a game schedule with their application.

Fields will remain closed annually from December through February for maintenance.

3. Revise the reservation process to:
a. Establish three-hour reservation blocks per field with designated open play periods.
b. Allow one-weekend reservations only, requiring separate Facility Use Applications for each weekend.

4. Require applicants to notify the City at least five (5) business days prior to their approved use if the field will not be utilized. Failure to notify the City will result in penalties as outlined in the policy.

The City Council also requested the following updates applicable to all City facilities:

1. Alcohol Policy: Establish a zero-tolerance policy for the sale or consumption of alcohol without prior City approval and required licensing. Applicants must acknowledge this requirement in the Facility Use Application.

2. Cancellation Notice Requirement: For all approved facility uses (excluding soccer fields), applicants must notify the City at least 72 hours prior to the scheduled use if the facility will not be utilized. Failure to notify the City will result in penalties. 2 3. Designated Representatives: Applicants must identify authorized representatives in their application. At least one designated representative must be present for the duration of the approved use to ensure compliance with all conditions of approval.

At its February 17, 2026, regular meeting, the City Council directed staff to return with additional information, including the advantages and disadvantages of allowing soccer field practices and a comparison of deposits and maintenance requirements from surrounding cities.

At its March 17, 2026, regular meeting, the City Council provided additional direction to:
• Allow open play from 7:00 AM to 11:00 AM and 8:00 PM to 11:00PM on Saturdays on both fields at Rojas-Pierce Park.
• Allow open play from 7:00 AM to 11:00 AM and 8:00 PM to 11:00PM on Sundays on one field, while the other field remains available for reservations, with public use permitted if no reservations are made.
• Require non-sports facility users to meet all conditions of approval no later than five (5) business days prior to the approved use.
• Modify the Facility Use Fee Schedule to maintain deposit requirements while eliminating facility use fees for Mendota residents and Mendota-based organizations. • Establish a $200 fee for for-profit soccer tournaments, with exceptions for charitable tournaments, including funeral fundraisers, and nonprofit organizations. • Direct staff to return with the modified Facility Use Policy for City Council consideration.

ANALYSIS
The proposed updates clarify reservation procedures, expand public access to the soccer fields, establish deadlines for meeting conditions of approval, and revise the fee structure.

FISCAL IMPACT
The proposed modifications to the fee schedule may result in reduced revenue.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 26-05, updating the City of Mendota’s Facility Use Policy.

Attachments:

1. Redline of Draft Updated Facility Use Policy

2. Resolution No. 26-05

3. Exhibit “A” - Updated Facility Use Policy
Policy No. 24-02
1 FACILITY USE POLICY

1. PURPOSE:

The goal for the City of Mendota (“City”) is to promote the full use of City facilities, including parks, athletic fields, playgrounds, etc. The purpose of this Facility Use Policy (“Policy”) is to outline the City of Mendota (“City”) procedures for the use of City facilities by outside organizations, businesses, and individuals. This policy has been established to assure that the fields are utilized for recreational, cultural, educational, social and community service functions that meet the needs of the community, as well as, set clear policies, procedures, and regulations for such uses.

2. DEFINITIONS:

The following words and phrases, whenever used in this Policy, shall be construed as defined in this section:
“Adult” status is defined as persons 13 years of age or older. “Athletic Facilities” means any fields or facilities that are designated or are proposed to be used for sports. "Amplified music" means music projected and transmitted by electronic equipment, including amplifiers, the total output of which, including the sum of the wattage output of each channel, exceeds twenty-five (25) watts. "Amplified speech" means speech projected and transmitted by electronic equipment including amplifiers, the total output of which, including the sum of the wattage output of each channel, exceeds twenty-five (25) watts. “Applicant” means individuals, associations, partnerships, corporations, and other legal entities who intend to or have submitted a City Facility Use Permit Application.
“Basic Services” are defined as the maintenance of safe, clean, attractive parks and buildings and the provision of recreation service for the general public. Basic Services preserve and promote physical and mental wellbeing and will continue to be supported by taxpayer resources.

Examples of basic services
• Free play in playgrounds
• Use of City parks or open space for passive use
• General park and recreation administration services
• Park and recreation facility development
Examples of basic facilities
• Unscheduled, unlighted, unmarked baseball/softball/soccer/utility/football fields • Unscheduled outdoor basketball facilities
• Unscheduled tennis courts
• Unreserved picnic tables and shelters
• Parks and playgrounds
• Parking lots for general facility use
• Trails, paths, and restrooms
• Open Space
Policy No. 24-02
2 "Benefit to the community" means the amount of money that will be gained by a Mendota-based nonprofit organization for use in furthering athletic, recreational, cultural, educational, or charitable activities in the City. “Conditions of Approval” means any terms that the City imposes on the Permittee and Facility Use Permit that must be met in order for the use of the facility to occur and continue to occur. “Event” means any pre-advertised gathering or assembly of any Persons. “Facility(ies)” means any City-owned structure, grounds, Athletic Facilities, parks, and public areas. "Facility Use Permit Application" means the application that is completed by an Applicant to request exclusive use of a Cityowned facility as provided for in this Policy. "Facility Use Permit" means a written authorization issued by the City for exclusive use of a City-owned facility as provided for in this Policy.
“Non-Profit Organization” is defined as an organization that meets all of the criteria as identified by the Internal Revenue Service. The organization must be registered as a not-for-profit corporation by the State of California. If the organization is not registered with the State, they must have a constitution, set of bylaws, or mission statement which clearly states the objectives of the organization are of a non-profit, non-commercial nature. “Permittee” means individuals, associations, partnerships, corporations, and other legal entities who have been approved to use a City-owned facility and have been issued written authorization by the City for exclusive use of a City-owned facility.

Once a Facility Use Permit is granted by the City, the Applicant will be referred to as a Permittee. "Persons" means individuals, associations, partnerships, corporations, and other legal entities. “Priority Group Classification” means the designation level of priority for Applicants. “Resident” status is defined as groups or organizations comprised of at least 90% of Mendota residents as established by the boundaries of the Mendota Unified School District. Team rosters and/or individual participant photo ID may be required by City staff to verify residency status.
“Special Services” are defined as services where revenues are necessary to support continued use. By this definition, individuals can expect to pay a fee for the privilege of using the fields and facilities to the exclusion of others and without interference.

Examples of special fields/facilities/services
• Use of electricity for special events
• Schedules/reserved use of indoor facilities (gyms, meeting rooms, courts, etc.) • Lighted baseball/softball/soccer/utility/football fields • Maintenance necessary for sports programs (Field striping, Infield drag, etc.) • Use of parks for special events
• Reserved picnic tables and shelters
“Youth” status is defined as persons 12 years of age or under.

Policy No. 24-02
3 3. FACILITY USE PERMIT REQUIRED
In accordance with Mendota Municipal Code Chapter (“MMC”) 12.20, Applicants who plan on or intend to use a City Facility for any pre-advertised Event or hold an Event that consists of a group of twenty-five (25) or more Persons, are required to obtain a Facility Use Permit prior to said use. Any and all Events held on City Facilities must be conducted in compliance with the MMC and the City’s Facility Use Policy.

4. PRIORITY GROUP CLASSIFICATIONS
Priority use of Facilities (with the exception of soccer fields) will be allocated as follows:

Group 1: City sponsored or co-sponsored events. City youth/adult athletic programs and/or leagues.

Group 2: Local non-profit youth or not-for-profit youth organizations. Organizations must be based in the City. Must have a majority of Mendota resident participants. Conduct open registration regardless of skill level. Operate through volunteer coaches and administrators. Provide an “everyone plays” philosophy.

Group 3: Local non-profit organizations that are not specifically youth related and serve the general public.

Organizations must be based in the City.

Group 4: Local general youth, adults, and private events. This group also includes local profit organizations holding events (tournaments, clinics and/or camps with individual or team participation fees) to generate profit for private use.

Group 5: Non-local general youth, adults, and private events. This group also includes non-local non-profit organizations and non-local for-profit organizations holding events (tournaments, clinics and/or camps with individual or team participation fees) to generate profit for private use.

Priority use of soccer fields will be allocated as follows:

Group 1: City hosted or co-hosted events.

Group 2: Local Applicants (must provide proof of Mendota residency) Group 3: Non-local Applicants

5. FACILITY ALLOCATIONS
The City will approve and issue Facility Use Permits in accordance with the Priority Group Classifications outlined in Section 5 of this Policy. Any conflicting Facility Use Applications will be addressed through the procedures outlined in Subsection 5.1.

5.1. Conflicting Facility Use Applications. Should the City receive Facility Use Applications requesting conflicting dates and/or times, the following procedures will apply:

5.1.1. The City will issue the Facility Use Permit to the Applicant with the highest Priority Group Classification as described in Section 4 of this Policy.

5.1.2. If the Applicants have the same Priority Group Classification, the requested dates and/or times will be divided amongst the Applicants depending on the number of participants for each Event. Each Applicant must provide Policy No. 24-02
4 documentation demonstrating total number of Event participants/registrants or estimated number of Event participants.

5.1.2.1. For Facility Use Applications for Athletic Facilities or Athletic Use of a Facility (excluding soccer fields), Fields will be allocated to Applicants based on the percentage of verifiable total participants in relation to all teams. The total number of organization participants will be divided by the minimum roster size for each sport to determine the total number of teams in each organization. Applicants must provide their rosters to the City by the deadline established by the City in order to determine field allocations. If an Applicant does not submit their rosters to the City by the deadline, they will be assigned any available allocations following allocation assignments.

Example for Athletic Field Allocation Procedure for Conflicting Requests Minimum Roster Sizes
Soccer: 14 (regulation) or 10 (U10 & Below) Baseball/Softball: 12 An example of this would be:

Baseball Group A has 360 participants 360 divided by 12 equals 30 teams Baseball Group B has 240 participants 240 divided by 12 equals 20 teams 30 plus 20 equals 50 teams
30 divided by 50 equals 60.00% of allocation for Group A 20 divided by 50 equals 40.00% of allocation for Group B

5.1.2.1.1. If the Applicants all demonstrate an equal amount of Event participants or are unable to provide documentation of total number of Event participants/registrants or estimated number of Event participants, the City Manager, or their designee, will issue the Facility Use Permit to the Event which will provide the most overall benefit to the community.

5.1.2.2. Soccer Field Allocations:
• Soccer field reservations are allocated in 3-hour blocks: 11:00 AM – 2:00 PM, 2:00 PM – 5:00 PM, and 5:00 PM – 8:00 PM.
o On Sundays, one field (as determined by the City) will also be available for reservation from 7:00 AM – 11:00 AM and 8:00 PM – 11:00 PM.
• Open play hours are as follows:
o Saturdays: 7:00 AM – 11:00 AM and 8:00 PM – 11:00 PM on both fields at Rojas-Pierce Park.
o Sundays: 7:00 AM – 11:00 AM and 8:00 PM – 11:00 PM on one field while the other field remains available for reservations, with public use permitted on the reserved field if no reservations are made.
• Applications for soccer fields must follow the application procedures outlined in Section 8.2 and are subject to the administrative review process in Section 8.2.2, including allocation and priority determinations.
• If multiple Applicants request the same block, allocation will be based first on the Priority Group Classification for soccer fields, then by the order of application submission, as determined during administrative review.

Policy No. 24-02
5 • Practices, games and tournaments may be scheduled only during the time that the soccer fields are available. A game and/or tournament schedule must be submitted with the application in accordance with Section 8.2 if the field(s) will be used for official games and/or tournaments.

5.1.3. 6. RESTRICTIONS ON FACILITY AVAILABILITY
In order to ensure that all City facilities are adequately maintained and remain in proper condition, the City has established pre-determined facility availability restrictions on athletic facilities. However, the City reserves the right to impose additional availability restrictions on any facilities, as deemed necessary, to allow for maintenance and repairs. The pre-determined facility availability restrictions described in subsections 6.1 only apply to City baseball and, softball, and soccer fields.

Subsection 6.2 only applies to the City soccer fields. The City also reserves the right to modify the pre-determined facility availability restrictions and extend such restrictions on any City facilities.

6.1. Availability of Athletic Facilities (excluding soccer fields).

6.1.1.Yearly Availability. In order to allow for seasonal turf recovery and field/facility maintenance the City has established the following availability for its Athletic Facilities for the year. No Facility Use Permits will be granted for the duration that athletic fields are closed as shown below.

6.1.2. Weekly Availability. In order to allow for weekly field and facility maintenance the City has established the following availability for its Athletic Facilities for the week. No Facility Use Permits will be granted for the duration that those athletic fields are closed as shown below.

6.1.2. 6.1.2.1. Availability of Baseball Fields.

6.1.2.2. Availability of Soccer Fields.

6.1.3.Hourly Restrictions. In order to minimize daily impacts to the Athletic Facilities and to preserve their conditions, the City has established the following hourly usage restrictions.

6.1.3.1. Adult Use of Athletic Facilities. Any Event involving the use of any City Athletic Facilities by adults is limited to a five (5) hour facility usage to reduce the more significant wear and tear on facilities that is associated with adult sports. This allotted time must also include any field preparation, practices/games, and clean-up. If a Facility Use Permit is granted for use of an athletic field by adults, no other Facility Use Permit will be granted for that same day, unless the secondary (and any subsequent) use is solely by Jan Feb March April May June July Aug Sept Oct Nov Dec
Fields Closed Fields Available (Weekly Restrictions Still Apply) Fields Closed
Mon Tues Wed Thurs Fri Sat Sun
Fields Closed Until
4pm
Fields Available
Mon Tues Wed Thurs Fri Sat Sun
Fields Closed Fields Available
Policy No. 24-02
6 youth.

Any events that anticipate or plan to exceed the hourly restrictions (including tournaments) for Sports Fields will be considered on a case-by-case basis by the Mendota Recreation Commission at a public meeting of the body. If the Recreation Commission is unable to meet to consider the Application, the Application may be considered administratively by the City Manager, or their designee.

6.1.3.2. Youth Use of Athletic Facilities. Any Event involving the use of any City Athletic Facilities by only youth is not subject to an hourly restriction. If an Event involves the use of the athletic field by a combination of youth and adults, the adult hourly restriction outlined in Subsection 6.1.3.1 will apply.

6.2. Availability of Soccer Fields
To balance open play with organized games and tournaments, soccer fields are available according to the following schedule only on Saturdays and Sundays (soccer fields are closed Monday-Friday):

Day Time Availability
Saturday 7:00 AM – 11:00 AM Open Play (no reservations) 11:00 AM – 2:00 PM Reserved Blocks
2:00 PM – 5:00 PM Reserved Blocks
5:00 PM – 8:00 PM Reserved Blocks
8:00 PM – 11:00 PM Open Play (no reservations)
Sunday
(One Field)
7:00 AM – 11:00 AM Open Play (no reservations)
11:00 AM – 2:00 PM Reserved Blocks
2:00 PM – 5:00 PM Reserved Blocks
5:00 PM – 8:00 PM Reserved Blocks
8:00 PM – 11:00 PM Open Play (no reservations)
Sunday
(Second Field)*
7:00 AM – 11:00 AM Reserved Blocks
11:00 AM – 2:00 PM Reserved Blocks
2:00 PM – 5:00 PM Reserved Blocks
5:00 PM – 8:00 PM Reserved Blocks
8:00 PM – 11:00 PM Reserved Blocks
* Field will be available for Open Play if there are no reservations.

6.2.1. Reservation of Soccer Fields. Each reserved block is three hours, and applicants may reserve a maximum of one field and two blocks per weekend, with a separate Facility Use Application required for each weekend.

Open play is available on a first-come, first-served basis without a Facility Use Permit during the following hours:
• Saturdays: 7:00 AM – 11:00 AM and 8:00 PM – 11:00 PM on both fields at Rojas-Pierce Park. • Sundays: 7:00 AM – 11:00 AM and 8:00 PM – 11:00 PM on one field (as determined by the City) while the other field remains available for reservations, with public use permitted on the reserved field if no reservations are made.

For more information on submitting a Facility Use Permit Application to the use of the soccer fields, refer to subsection 7.1.2 of this Policy.

Policy No. 24-02
7 6.1.3.2.

7. TYPES OF FACILITY USE PERMITS
To ensure equitable use of City Facilities by all interested Persons, the City issues two (2) types of Facility Use Permits: a short-term use permit and a long-term use permit. The intended purpose for each type of Facility Use Permit is as follows:

7.1. Short-term Facility Use Permit. A Short-term Facility Use Permit is issued for any Event lasting a minimum of one (1) day but no longer than seven (7) calendar days. Short-term Facility Use Applications will be accepted and processed by the City year-round on a calendar year basis, and the approval of said Permits are contingent upon the availability of the requested Facility(ies). Applicants are encouraged to submit any Short-term Facility Use Permits as early in the year as possible to ensure that the desired Event dates are secured.

7.1. 7.1.1. Short-term Facility Use Permit for Events Exceeding the Hourly Restrictions for Athletic Facilities (excluding soccer fields). Any Short-term Facility Use Permit Applications for events that anticipate or plan to exceed the hourly restrictions for Athletic Facilities (including tournaments) will be considered on a case-bycase basis. Said Applications will be considered by the Mendota Recreation Commission at a public meeting of the body. If the Recreation Commission is unable to meet to consider the Application, the Application may be considered administratively by the Ccity Manager, or their designee.

7.1.2. Short-Term Facility Use Permit – Soccer Fields. Soccer fields are designated as short-term use facilities; therefore, each weekend use requires a separate Facility Use Permit. Long-term permits do not apply to soccer fields.

Reservation Structure:
• Open Play (No Permit Required):
o Saturdays: 7:00 AM – 11:00 AM and 8:00 PM – 11:00 PM on both fields at Rojas-Pierce Park. o Sundays: 7:00 AM – 11:00 AM and 8:00 PM – 11:00 PM on one field (as determined by the City) while the other field remains available for reservations, with public use permitted on the reserved field if no reservations are made.

These times are available for unreserved community use. • Reserved Blocks (Permit Required):
o Saturdays:
▪ 11:00 AM – 2:00 PM
▪ 2:00 PM – 5:00 PM
▪ 5:00 PM – 8:00 PM
Applicants may request any of these blocks for practices, games or tournaments. o Sundays (only on one field as determined by the City):
▪ 7:00 AM – 11:00 AM
▪ 11:00 AM – 2:00 PM
▪ 2:00 PM – 5:00 PM
Policy No. 24-02
8 ▪ 5:00 PM – 8:00 PM
▪ 8:00 PM – 11:00 PM
Applicants may request any of these blocks for practices, games or tournaments.

Block Limits:
• Each applicant may reserve a maximum of two (2) blocks and one (1) field per weekend. • Additional blocks may be offered after initial allocation to applicants who submitted by the Monday deadline, if blocks remain available.

Purpose of Reservation Blocks:

The block structure balances community access and organized use, ensuring both open play opportunities and scheduled events can coexist without overuse or scheduling conflicts.

7.1.1. 7.2. Long-term Facility Use Permit. A Long-term Facility Use Permit is issued for any Event lasting a minimum of eight (8) calendar days but no longer than three (3) months. The City will accept and process Facility Use Applications in accordance with the following procedures depending on the type of Facility(ies) being requested. Long-term permits do not apply to soccer fields.

7.2.1.Long-term Facility Use Permit – For Non-Athletic Purposes. Any Long-term Facility Use Applications requesting use of a City non-athletic facility or for a use that is not athletic-related may be submitted to the City at any time of the year, but the requested use may not be longer than three (3) months. If the Applicant wishes to utilize the facility for a period longer than three (3) months, a new Facility Use Application must be submitted prior to the conclusion of each term.

7.2.2.Long-term Facility Use Permit – For Athletic Purposes. Long-term Facility Use Applications requesting use of a City Athletic Field or use of a Facility for an athletic use will be considered and approved on a quarterly basis in accordance with the Field Maintenance Calendar shown in Subsection 7.2.3 of this Policy. Long-term Facility Use Applications for each quarter must be submitted no later than the dates specified below in Subsection 7.2.4.

7.2.2.1. Long-term Facility Use Permit Quarters for Athletic Purposes.

7.2.2.2. Deadlines to Submit Long-term Facility Use Applications for Athletic Purposes.

7.2.2.3. Additional Considerations Regarding Long-term Facility Use Applications for Athletic Purposes.

7.2.2.3.1. Should the City receive a Facility Use Permit Application for Athletic Purposes during any Jan Feb March April May June July Aug Sept Oct Nov Dec
Fields
Closed
Quarter 1 Quarter 2 Quarter 3 Fields
Closed
Quarter Deadline to Submit Application
Quarter 1 February 1 by 5pm
Quarter 2 May 1 by 5pm
Quarter 3 August 1 by 5pm
Policy No. 24-02
9 given quarter and the requested Facility(ies) are available, the Facility Use Permit will only be granted for use of the Facility for the remainder of the quarter.

7.2.2.3.2. The City reserves the right to modify or cancel the facility use quarters outlined in Subsection

7.2.2.1 for any reason deemed necessary by the City including, but not limited to, inclement weather, poor Facility conditions, the need for additional Facility maintenance or field recovery.

7.3. Additional Considerations Regarding Types of Permits.

7.3.1. Any Short-term Facility Use Applications requesting use of a Facility that has an already approved/existing Long-term Facility Us Permit will only be granted if the City and the existing Permittee are able to accommodate the short-term request. If the City and existing Permittee are unable to accommodate the short-term request, that request will be denied.

7.3.1. 8. PROCESS FOR OBTAINING A FACILITY USE PERMIT

8.1. Applying for a Facility Use Permit.

8.1.8.1.1. General Facilities (All Facilities Except Soccer Fields) To request use of a Facility, Applicants must complete the City’s Facility Use Application which can be found on the City’s website at www.cityofmendota.com, by calling City Hall at (559) 655-3291 and requesting an electronic copy, or by visiting Mendota City Hall located at 643 Quince Street, Mendota, CA 93640.

All Facility Use Applications must be submitted in accordance with Section 7 of this Policy, depending on whether the requested use is for a short-term or long-term period. Applicants must ensure to complete the Application in its entirety prior to submittal. All Facility Use Applications must be submitted no later than 15 business days prior to the Event, unless otherwise noted in Section 7.

Applications may be submitted in-person at Mendota City Hall located at 643 Quince Street, Mendota, CA 93640, via fax at (559) 655-4064, or electronically (please contact Mendota City Hall at (559) 655-3291 to request the email address to send the application). The City will confirm receipt of any Applications received.

8.1.2. Soccer Fields
To request use of a soccer field, Applicants must complete the City’s Facility Use Application and adhere to the following requirements:

Policy No. 24-02
10 Application Submission
• A separate application must be submitted for each weekend. • Applications may be submitted in-person at City Hall or via email (please contact Mendota City Hall at (559) 655-3291 to request the email address to send the application) between 8:00 AM – 5:00 PM, 10 business days in advance (second Monday prior to the requested weekend).

Application Requirements
• Applicants must indicate which field and reservation blocks are requested (maximum of 2 blocks and 1 field per weekend).
• Practices, games and tournaments are permitted.
• A complete game schedule must be submitted with the application for official games and/or tournaments. • Applications received for the use of soccer fields are considered together on a first-come, first-served basis, based on submission time on the Monday deadline, and in accordance with Section 5.1.2.2.

8.2. Application Processing & Administrative Review

8.2.1. Administrative ReviewGeneral Facilities. The City will review and process Facility Use Applications in the order in which they are received and in accordance with the provisions contained in this Policy. If additional information is needed for the Application, the City will contact the Applicant. Facility Use Applications will be processed administratively and will be considered by the City Manager, or their designee(s). Any Facility Use Application involving unique circumstances may be reviewed by the City Council.

8.2.2. Soccer Fields. Soccer field applications follow a separate administrative review process from other facilities.

Applications for soccer field reservations will follow a separate administrative review process. The City will review and take action on each complete application within five (5) business days of receipt. Applicants will be notified by email or U.S. Mail whether their application has been approved or denied.

All soccer field applications, including those for games and tournaments, will be processed together and considered on a first-come, first-served basis according to the time the application is submitted on the Monday deadline. Priority Group Classifications and Facility Allocations established in Sections 4 and 5 of this Policy will apply. Each applicant may reserve up to two (2) reservation blocks and one (1) field per weekend. If any reservation blocks remain available after all timely applications have been processed, those blocks may be offered to applicants who submitted their applications by the Monday deadline

8.2.1. The City will review and take action on soccer field applications no later than five (5) business days after receipt of a completed application. Applicants will be notified via U.S. Mail or email whether their application is approved or denied. Any additional information required for the application will be requested by the City during the review period.

8.3. Action on Facility Use Application.

8.2.2.8.3.1. General Facilities. No later than 15 business days following the City’s acceptance of a Facility Use Application, the Applicant will be notified via US Mail or email whether the application was approved or denied.

8.3.1.1. Application Approved. If the application is approved, the Applicant will be provided a copy of the Facility Use Permit, which lists the Conditions of Approval. Once the Facility Use Permit is issued by the City, the Applicant will be considered a Permittee. Permittees must satisfy all Conditions of Approval listed in the Facility Use Permit and as required by this Policy and the MMC.

8.2.2.1. Policy No. 24-02
11 8.2.2.2.8.3.1.2. Application Denied. If the application is denied, the Applicant will be provided a letter stating the reason(s) for denial. Reasons for denial of any Facility Use Application may include but are not limited to the following.

A. That the proposed Event/Activity is of a size or nature that will entail unusual expense to the City or will require special police operations.

B. That the applicant has failed to agree to provide a reasonable means of informing all the persons participating in the proposed Event/Activity of the terms and conditions of such permit.

C. That the proposed activity or use will unreasonably interfere with or detract from the promotion of public health, welfare, safety, or recreational activities in the City.

D. That the Applicant refused to agree in writing to comply with all lawful conditions of the permit.

E. That the Applicant failed to file a timely application in accordance with the provisions contained in this Policy and the MMC.

F. That the application failed to adequately specify and inform the City of all the information pertinent to the Event/Activity to the satisfaction of the City.

8.3.2. Soccer Fields. Following administrative review, the City will take formal action on each soccer field application.

Approval or denial will be based on compliance with the Facility Use Policy, including adherence to reservation block limits, submission deadlines, Priority Group Classifications, and inclusion of a complete game schedule (for games and/or tournaments).

Applicants will be notified of the City’s decision by email or U.S. Mail within five (5) business days following the review. Approved applicants will be designated as Permittees and will be required to comply with all Conditions of Approval and any additional requirements established by the City.

If an application is denied, the City will provide a brief explanation for the denial, which will be based on the same criteria outlined in Section 8.3.1.2 for general facilities. Applicants may revise and resubmit their application for future consideration in accordance with this Policy.

9. CONDITIONS OF APPROVAL
To ensure the health, safety, and security of the Permittee, the Event/Activity participants, City officer and employees, and the Facilities, the City will impose Conditions of Approval on the Permittee and Facility Use Permit. The Permittee, and any persons acting on behalf of the Permittee, and any Event/Activity participants must comply with the Conditions of Approval (both general and specific conditions) for the Facility Use Permit in order to effectuate the permit.

All conditions required to effectuate the permit (e.g., providing a certificate of liability insurance, completing a key check-out form, paying any applicable fees and deposits, and similar requirements) must be satisfied no later than five (5) business days prior to the scheduled Event/Activity.

9.1. General Conditions of Approval. All Facility Use Permits will be subject to the City’s General Conditions of Approval as follows. The City reserves the right to amend this list of general conditions as it deems necessary.

Policy No. 24-02
12 • Public liability and property damage limits with a combined single limit of not less than one million dollars ($1,000,000.00), with a deductible of no more than ($500.00). • The Permittee must be a name insured.
• The City of Mendota (643 Quince Street, Mendota, CA 93640) must be named as additionally insured. • The coverage shall be maintained throughout the duration of the Facility Use Permit.

The Permittee must submit the Certificate of Insurance and endorsements to Mendota City Hall, Attn: City Clerk, located at 643 Quince Street, Mendota, CA 93640 a minimum of five (5) days prior to the event.

By submitting a Facility Use Application and using the Facilities, the Permittee and any Event/Activity attendees and Participants agree to hold the City of Mendota harmless and free from all liability of any kind resulting from the use of City facilities (to include the reimbursement of any legal costs and fees incurred in defense of such claims).

9.1.2. Key-check Out Form. Permittees are required to complete a key-check out form (if applicable) prior to checking out the key to the Facility and abide by its terms and conditions. The key to the facility will be provided to the applicant on the dates listed in the Facility Use Permit.

9.1.3. Permits and Licenses. Permittees must obtain all necessary permits and licenses (included but not limited to permits and licenses required by the County of Fresno and the City of Mendota, and any additional required by local, state, and federal law) to sell food and non-food products for any and all vendors. Said permits and licenses must remain on the premises and accessible for inspection during the sale of such products.

9.1.4. Maintenance of Facilities. Permittees must maintain the Facility(ies) based on their use and immediately report any observed problems, whether or not caused directly by their use, to Mendota City Hall or the City’s designated employee. Permittees must also comply with the following provisions regarding maintenance.

9.1.4.1. General Upkeep. Permittees must clean up the Facilities after each use. This includes, but is not limited to, picking up trash, emptying trash cans and placing the trash bags in the City’s trash bins, cleaning the area of any spills or seeds, etc.

9.1.4.2. Restrooms. Some Facilities have public restrooms which may be utilized. Permittees will be held responsible for the upkeep and maintenance of the restroom Facility during the course of their event. If a Permittee is required to or chooses to use portable restrooms for their Event/Activity, arrangements must be made with the City. Permittee must contact the City of Mendota at least one week prior to the event for location approval. In addition, Permittees must arrange for and pay all fees directly with the restroom vendor.

9.1.4.3. Lights. Lights are available at some athletic fields and must be requested by the Permittee. Lights will be turned on/off by City staff.

9.1.5. Alcohol Sale and/or Consumption. The City has a zero-tolerance policy for unauthorized sale and/or consumption of alcohol on City facilities. Permittees will not permit the sale and/or consumption of alcohol on the Facility(ies) unless previously approved by the City. If the sale and/or consumption of alcohol is approved by the City, the Permittee must obtain a license from the State of California Department of Alcoholic Beverage Control and provide a copy of said license to the City no later than five (5) days prior to the start of the Event/Activity.

9.1.6. Compliance with Approved Dates/Time for Facility Use.

Permittees must provide schedules demonstrating that all allocated Facilities are being used. For general Policy No. 24-02
13 facilities, Permittees must notify the City at least 72 hours before an approved use if they will not utilize the Facility. For soccer fields, notification must be provided at least five (5) business days before the scheduled use. For long-term permits, if a designated Facility is not used by the Permittee on three (3) separate occasions within the approved dates/times, the Permit will be forfeited, and the Facility will be made available for reassignment. Failure to provide timely notice will result in penalties as outlined in Section 11.6.

When Facility Use Permits are issued, the Facility is reserved for the Permittee to the exclusion of others.

Permittees may not assign, sublease, or otherwise transfer their Facility Use Permit to any other party. Any unauthorized assignment or transfer will result in immediate revocation of the Permit.

Recognizing the exclusivity of reserved facilities, groups should only reserve the fields they intend to use. Field users must notify the City to report any reserved time that can be released for use by others. Any violation of these rules may result in the forfeiture of future Facility Use privileges and the enforcement of penalties in accordance with Section 11.6.

9.1.6. Permittees will be required to provide schedules to show that all of the allocated Facilities are being utilized. If an allocated Facility is not utilized by the designated Permittee a total of three (3) times during the dates/times specified in a Facility Use Permit, the approved use will be forfeited, and the Facility will become available for reassignment. Permittees will be notified by City staff when it has been determined a Facility is not being used (and prior to forfeiture). Additionally, when Facility Use Permits are issued, the Facility is reserved for the Permittee, to the exclusion of others. Permittees may not assign their scheduled time to other groups.

Any such action shall result in the loss of facility use privileges. Recognizing this exclusivity, groups should only reserve the fields they intend to use. Field users must notify the City to report any reserved time that can be released for use of others.

9.1.7. Safety and Security. Depending on the nature of the Event, the Permittee may be required to obtain security or police services. Permittees may also be required to obtain standby ambulance and fire safety services. The Permittee is responsible for any and all expenses or costs related to the safety and security services.

9.1.8. City Personnel. If the City determines that City personnel are required for an Event, they will be assigned. Any resulting expenses or costs will be billed to the Permittee.

9.1.9. Fees and Deposits. Permittees must pay for the fees and deposits required for the use of the Facilities as detailed in the Facility Use Permit, this Policy, and as demonstrated in Exhibit “A” and in accordance with Section 10 of this Policy.

9.1.10. Accommodation of Other Requests. Permittee will work with the City and make their best efforts to accommodate any additional organizations that may need to use the Facility(ies) on the days and times (for short-term Events/Activities) that it is being used by the Permittee.

9.1.10.9.1.11. Designated Representatives. Applicants must specify authorized representatives in their Facility Use Application. At least one designated representative must be present at the Facility for the entirety of the approved use. Designated representatives are responsible for ensuring that all Conditions of Approval are met during the event.

9.2. Special Conditions of Approval. Certain Events/Activities require special Conditions of Approval that are specifically related to the Permittee, the Event/Activity, or type of use. The following are special Conditions of Approval that the City may impose, depending on the use. The City reserves the right to amend this list of special conditions or impose other special conditions on Facility Use Permits as it deems necessary.

Policy No. 24-02
14 9.2.1. Additional Forms. Depending on the type of Event/Activity that will be held, permittees may be required to complete additional forms or obtain additional permits, including but not limited to a: noise permit, public dance permit, encroachment permit, bingo permit, etc.

9.2.2.Special Conditions for Athletic Fields/Athletic Use

9.2.2.1. Athletic Field Preparation and Maintenance. Athletic Field Lining or Marking. Line marking (with chalk or paint) of City athletic fields is permitted. Burning lines of City athletic fields Facilities is prohibited.

Dragging, raking, etc. of the baseball fields must be complete with the permission of the City.

9.2.2.2. Equipment Regulations. The use of cleats with metal spikes at City Facilities is strictly prohibited.

9.2.2.3. Athletic Field Use Rules and Regulations Form. In addition to the City Facility Use Application, a signed copy of the City’s Athletic Field Use Rules and Regulations Form is required. Applicants are required to abide by specific rules and regulations contained in the form. Failure to comply may result in the retention of the Permittee’s deposit, and/or assessment of penalties as described in Section 11.6.

9.2.2.4. Tournaments. Tournaments hosted by for-profit Permittees will be required to pay a vendor fee for each vendor ($50/vendor) as outlined in the Facility Use Fee Schedule. Tournaments hosted by non-profit Organizations and for the charitable purpose of fundraising for funeral expenses do not have to pay a vendor fee. All vendors will be required to obtain a City business license and any other permits and licenses required by the City and this Policy.

9.3. Failure to Satisfy Conditions of Approval. Failure by the Permittee to satisfy all conditions of approval prior to the start of the planned Event/ Activity will result in the forfeiture of the Facility Use Permit. The Permittee will be required to resubmit a Facility Use Application.

10. FACILITY USE FEES AND DEPOSITS.

10.1. Purpose of Facility Use Fee Schedule. As the City continues to grow and facilities age, the City must develop a financial system to support our community investment while maintaining the high level of service we currently provide. The City will continue to provide basic services funded entirely by general taxpayers; however, those benefiting from special services (which create additional City expenses) must contribute financially. The City acknowledges that the community benefits when youth/adults are engaged in sports activities. The Facility Use Fee Schedule associated with the use of City Facilities is intended for the participants to supplement, rather that supplant the investment of the general taxpayers. The Facility Use Fee Schedule strives to:
• Amortize the capital investment and cover maintenance/operational costs of a field. • Pay for and augment operation/maintenance costs for a field where tax appropriations support the basic service.
• Control use of the field.
• Assess a portion of the costs of the field to users who may not be tax supporters. • Enable the Department to provide fields for which funds might not otherwise be available.

The primary goal of this purpose statement is to develop an understanding that the pricing of services is a conscious procedure that requires continual investigation and review by the City.

Policy No. 24-02
15 10.2. Payment of Fees and Deposits Required. Permittees are required to pay the fees and deposits necessary prior to using the requested Facility(ies). The fees and deposits required for the facility use will be listed on the Facility Use Permit. Permittees must pay all fees and deposits prior to the use of the Facility(ies). If Permittees fail to pay all fees and deposits prior to the use of the Facility(ies), there will be a 10% late fee for each day fees are not paid. All future Facility Use Applications will not be allowed/approved until all fees are paid.

The City will assign the appropriate fees and deposits in accordance with the City’s Facility Use Fee Schedule (as attached hereto as Exhibit “A”), City Administrative Policy No. 2004.01 (Event Permit For Non-Profit Organizations), the City’s Administrative Policy regarding City Participation in Community Events, and any other applicable City fee schedules, policies, and procedures.

If a Permittee forfeits their approved used in accordance with subsection 9.1.6 of this Policy and elects to reapply for the use, the Permittee will be required to pay all deposits/fees once again. Any applicable deposits/fees will not carry over.

10.3. Refunds.

10.3.1. Refunds due to Cancellation of Event/Activity. For activities cancelled by the Permittee five (5) business days or more in advance, field user will be refunded 100% of fees paid. For activities cancelled by the field user less than five (5) business days in advance, field user will be refunded 50% of fees paid.

10.3.2. Refund of Deposit. Deposits will be refunded if the Permittee abides by this Policy, the Conditions of Approval listed in the Facility Use Permit, as well as all pertinent City codes. The deposit will not be refunded if the Permittee fails to abide by the aforementioned regulations or if damage is done to the Faciltiy(ies). If applicable, deposits will be refunded to the Permittee in the form of a check within 30 calendar days following the last day of the facility use. If the deposit will not be refunded (or a portion thereof), the City will notify the Permittee in writing with the reasons for which the deposit (or a portion thereof) is being withheld.

10.3.3. No Deposit Carry Over. Deposits may not be carried over. Permittees must submit deposits for each separate Facility Use Permit.

11. ADDITIONAL CONSIDERATIONS

11.1. City Closure of Facilities. The City reserves the right to set aside additional time during the year for turf recovery, improvement, and maintenance. Furthermore, the City reserves the right to cancel or suspend Facility Use Permits when field conditions could result in injury to players or cause damage to the Facilities. Permits may also be cancelled when the health and safety of participants are threatened due to impending conditions, including but not limited to, heavy rains, smog alerts or pesticide application.

11.2. Inclement Weather. During inclement weather, the City’s maintenance staff will assess the playability of all City Facilities, including sports fields, to determine if use will occur. The Director or designated representative shall have the authority to close any/all fields within the City.

11.2.1. Criteria for Establishing Fields Playability. The following information is the City’s procedures regarding the use of fields in wet conditions. These procedures apply to all sports and activities conducted on a grass field, turf area, or infield:

Baseball and Softball In-Fields
Infields will be deemed unsafe and unplayable when any of the following conditions are present:
• There is standing water within the base paths
Policy No. 24-02
16 • Your feet slip as you walk through the infield
• The depth of your footprint is greater than one half inch • Any of the above conditions are present within the pitching area Soccer, Baseball and Softball Outfields – Turf
Outfields and turf area will be deemed unsafe and unplayable when any of the following conditions are present:
• There is standing water within the majority of a single playing position (playing positions will be determined based on the user group)
• Your feet suction to the ground as you walk within the majority of a single playing position • Your footprints fill with water in the majority of a single playing position • The depth of your footprint is greater than one inch in the majority of a single playing position • Grass can be easily dislodged from the fields during play The following procedures are to be followed regarding the use of fields when there has been rain, overwatering, or other serious weather conditions:
• If it has rained within the preceding 24 hours, Permittees scheduled to use public fields must call the City at (559) 655-3291. City personnel will make determination of field conditions/closures, and the decisions are not negotiable.
• The City may declare a field closed and reopening subject to a re-inspection. Conditions set forth as a result of there-inspection of the field should be evaluated by the Permittee at practice/game time for playability. The Permittee must employ the playability criteria used by City staff. • Permittees are expected to make educated, responsible decisions regarding field condition playability. The groups should employ the playability criteria used by City staff and take into consideration the current and future quality of the turf.
• Persons witnessing misuse of fields by other scheduled or unscheduled users are advised to contact the Mendota Police Department at (559) 600-3111 or Mendota City Hall at (559) 655-3291 (during regular working hours only).
• Misue/Use of Facility during wet conditions shall result in the assessments of penalties as described in Section 11.6 of this Policy. It is the Permittee’s responsibility to ensure that all coaches/parents understand and enforce this policy.

11.3. Facility Modifications. Requests to modify or improve any City field shall be submitted in writing to the City for review and consideration. No permanent structures or equipment shall be erected on City Facilities unless approved by the City and is dedicated for community use. Additionally, Permittees may not temporarily store their equipment or belongings in/at any City Facilities, unless approved by the City. A request to modify or improve a Facility does not constitute approval. Approval will be provided in the form of a written document and will outline the scope of the modifications as approved.

11.4. Turf Preservation. Cooperation is needed for the preservation of the turf of City Facilities by following these guidelines:
• Field use, especially practices, should be conducted in such a way that the action takes place on different sections of turf, thus reducing excessive turf damage in one area. Rotate use of areas, and when possible, stay off fringe or bare areas to limit erosion and further damage. • Replace turf divots at end of each day to help re-root grass. • No tarps or material which may damage the grass may be placed on the turf. Any turf coverings used must be made of breathable material.
• Do not use fields during or after heavy rain, or when wet or muddy (see inclement weather policy).

Policy No. 24-02
17 • Soccer practices are not to be held on the infield area of a softball or baseball diamond. • Remove all equipment at the conclusion of each day.
• Do not overcrowd fields by scheduling multiple games in areas reserved. Allow a distance between fields for safe passage of spectators and participants.
• Report hazards to Mendota City Hall at (559) 655-3291. • Report immediate emergencies (broken water lines, gushing sprinkler heads, etc.) to the City’s designated employee. When calling, be prepared to fully identify yourself, your location (park/school), and the specific nature of the emergency so that staff can bring the appropriate repair equipment. • Do not drive or park cars, motorcycles, or other motorized vehicles on turf areas, unless given written authorization by the City.

11.5. Permit Cancellation. The City reserves the right to cancel any Facility Use Permits for any of the following reasons:
• It conflicts with any City sponsored league, program, activity or event • Maintenance needs/issues
• Overuse of a field
• Unsafe conditions
In these cases, all attempts will be made to provide advance notice and to schedule an alternate location. In the event of an emergency, when only short or no notice can be afforded, groups must cooperate with the cancellation so as not to risk loss of facility use privileges. If there are no alternate Facilities to accommodate the use, the City is not obligated to provide an alternate solution.

11.6. Penalties for Facility Use Permit Violations
The City utilizes two separate penalty procedures for Facility Use Permit Violations, depending on the severity of the violation.

11.6.1. Minor Violations. Minor violations include any violations of this Policy. Penalties for minor violations include:

First Offense: Written warning to the user group/individual and restitution for damages/costs, if applicable.

Second Offense: One-day (or one Event day) suspension of any existing permits and restitution for damages/costs, if applicable.

Third Offense: Three-day (or three Event days) suspension of any existing permits and restitution for damages/costs, if applicable.

Subsequent Offenses: One week (or five Event days) suspension of any existing permits and restitution for damages/costs, if applicable.

11.6.2. Major violations. Major violations include the use or presence of unauthorized alcohol, drugs, and the occurrence of fights at any event. Penalties for major violations include:

First Offense: One-month or one-day suspension (depending on Permit type) of any existing or future permits and restitution for damages/costs, if applicable.

Second Offense: Three-month or three-day suspension (depending on Permit type) of any existing or future permits and restitution for damages/costs, if applicable.

Third Offense: Termination of any existing permits, loss of future facility use privileges and restitution for damages/costs if applicable.

Policy No. 24-02
18 EXHIBIT “A”
Policy No. 24-02
19 FEE SCHEDULE FOR THE USE OF CITY OF MENDOTA FACILITIES

ATHLETIC FIELDS/ATHLETIC FACILITIES/USE OF FACILITY FOR ATHLETIC USE (EXCLUDING SOCCER TOURNAMENTS)

FEE DESCRIPTION FEE TOTAL
Policy No. 24-02
20 FACILITY USE FEES
Mendota residents and
Mendota based Organizations*
Use of Field** No Fee
Concession Stand** No Fee
Tournament Vendor Fee No Fee
Non-Mendota residents and
Non-Mendota based Organizations
Use of Field (Private Party)* $200.00 per
league/tournament
Use of Field (Youth and/or Non-Profit)* No Fee
Concession Stand (All Parties) $25.00 per
league/tournament
Tournament Vendor Fee (Private
Party/For Profit)
$50.00 per vendor
Tournament Vendor Fee (Non-Profit) No Fee
DEPOSIT***
General Deposit** $250 per
league/tournament
(can be applied for up
to 3 months of use)
*Applicant must provide proof of address
**Includes electricity
***Deposits are refundable upon completion of the facility use if all Facility Use Permit conditions are met
*Includes use of the scoreboard, electricity, and restrooms. **Deposit is refundable upon completion of the facility use if all Facility Use Permit conditions are met

SOCCER TOURNAMENTS

FEE DESCRIPTION FEE TOTAL
Policy No. 24-02
21 FACILITY USE FEES
Tournaments held for the charitable purpose of fundraising for funeral expenses and by non-profit organizations*
Use of Field No Fee
Tournament Vendor Fee No Fee
Tournaments held for profit*
Use of Field $200.00 per
tournament/field
Tournament Vendor Fee (Private
Party/For Profit)
$50.00 per vendor

DEPOSIT
General Deposit** $250 per
tournament/field
*Applicant must provide proof of charitable fundraising for funeral purpose or proof of non-profit status
**Deposits are refundable upon completion of the facility use if all Facility Use Permit conditions are met

WILLIAM ROBERT JOHNSTON MUNICIPAL AIRPORT

FEE DESCRIPTION FEE TOTAL
Policy No. 24-02
22 FACILITY USE FEES
Mendota residents and
Mendota based Organizations*
Use of Facility No Fee
Non-Mendota residents and
Non-Mendota based Organizations
Use of Facility (Private Party) $500.00 per
application/use
Use of Facility (Youth and/or NonProfit)No Fee
DEPOSITS**
General Deposit* $500.00 per
application/use
Key Checkout Deposit* $50.00 per
application/use
*Applicant must provide proof of address
**Deposits are refundable upon completion of the facility use if all Facility Use Permit conditions are met

ROJAS-PIERCE PARK

FEE DESCRIPTION FEE TOTAL
Policy No. 24-02
23 FACILITY USE FEES
Mendota residents and
Mendota based Organizations*
Main Pavilion & BBQ Pit** No Fee
Concession Stand** No Fee
Small Pavilion No Fee
Non-Mendota residents and
Non-Mendota based Organizations
Main Pavilion & BBQ Pit* $350.00
Concession Stand* $175.00
Small Pavilion $125.00
DEPOSITS***
(Applicable to all applicants)
Main Pavilion & BBQ Pit Deposit** $300.00
Concession Stand Deposit** $150.00
Small Pavilion Deposit** $150.00
Key Deposit (if applicable)** $50.00
*Applicant must provide proof of address
**Includes electricity
***Deposits are refundable upon completion of the facility use if all Facility Use Permit conditions are met
1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 26-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA UPDATING THE CITY OF MENDOTA’S FACILITY USE POLICY
WHEREAS, the City of Mendota (“City”) maintains a Facility Use Policy to provide fair, consistent, and transparent procedures for the public’s reservation and use of City facilities; and
WHEREAS, the City Council has reviewed the Facility Use Policy and identified the need to revise and update certain provisions to ensure equitable access to the City’s scarce facilities available to its residents and to control the extreme operational costs required to maintain the safe operating condition of the City’s athletic fields; and WHEREAS, at its regular meetings held on September 2, 2025, November 4, 2025, February 17, 2026, and March 17, 2026 the City Council discussed potential updates to the Facility Use Policy, including revisions to the soccer field reservation process, applicant classifications, reservation priorities, alcohol use policies, and cancellation procedures; and
WHEREAS, City staff has incorporated the City Council’s requested modifications into the updated Facility Use Policy attached hereto as Exhibit “A”; and WHEREAS, the City Council intends the updated Facility Use Policy, as presented by staff herein, to promote equitable access, efficient use, and proper, costeffective maintenance of the City’s public facilities in order to safeguard and promote the welfare, health, happiness, and interests of the City’s residents.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota hereby approves and adopts the updated Facility Use Policy, attached hereto as Exhibit “A” and incorporated herein by reference.

BE IT FURTHER RESOLVED, that City staff is authorized and directed to implement and administer the provisions of the updated Facility Use Policy and make any clerical or non-substantive revisions necessary to maintain its accuracy and consistency with the City Council’s intentions stated herein. ______________________________
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 special meeting of said Council, held at the Mendota City Council Chambers located at 725 Riofrio Street, Mendota, California 93640, on the 8th day of April, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk

EXHIBIT A
Policy No. 24-02
1 FACILITY USE POLICY

1. PURPOSE:

2. DEFINITIONS:

4. PRIORITY GROUP CLASSIFICATIONS
Priority use of Facilities (with the exception of soccer fields) will be allocated as follows:

Group 1: City sponsored or co-sponsored events. City youth/adult athletic programs and/or leagues.

Group 3: Local non-profit organizations that are not specifically youth related and serve the general public.

Organizations must be based in the City.

Priority use of soccer fields will be allocated as follows:

Group 1: City hosted or co-hosted events.

Group 2: Local Applicants (must provide proof of Mendota residency) Group 3: Non-local Applicants

5.1. Conflicting Facility Use Applications. Should the City receive Facility Use Applications requesting conflicting dates and/or times, the following procedures will apply:

5.1.1. The City will issue the Facility Use Permit to the Applicant with the highest Priority Group Classification as described in Section 4 of this Policy.

Example for Athletic Field Allocation Procedure for Conflicting Requests Minimum Roster Sizes
Soccer: 14 (regulation) or 10 (U10 & Below) Baseball/Softball: 12 An example of this would be:

6. RESTRICTIONS ON FACILITY AVAILABILITY
In order to ensure that all City facilities are adequately maintained and remain in proper condition, the City has established pre-determined facility availability restrictions on athletic facilities. However, the City reserves the right to impose additional availability restrictions on any facilities, as deemed necessary, to allow for maintenance and repairs. The pre-determined facility availability restrictions described in subsections 6.1 only apply to City baseball and softball fields. Subsection 6.2 only applies to the City soccer fields. The City also reserves the right to modify the pre-determined facility availability restrictions and extend such restrictions on any City facilities.

6.1. Availability of Athletic Facilities (excluding soccer fields).

6.1.2.1. Availability of Baseball Fields.

6.1.3.Hourly Restrictions. In order to minimize daily impacts to the Athletic Facilities and to preserve their conditions, the City has established the following hourly usage restrictions.

Jan Feb March April May June July Aug Sept Oct Nov Dec
Fields Closed Fields Available (Weekly Restrictions Still Apply) Fields Closed
Mon Tues Wed Thurs Fri Sat Sun
Fields Closed Until
4pm
Fields Available
Policy No. 24-02
6 6.1.3.2. Youth Use of Athletic Facilities. Any Event involving the use of any City Athletic Facilities by only youth is not subject to an hourly restriction. If an Event involves the use of the athletic field by a combination of youth and adults, the adult hourly restriction outlined in Subsection 6.1.3.1 will apply.

For more information on submitting a Facility Use Permit Application to the use of the soccer fields, refer to subsection 7.1.2 of this Policy.

7.1. Short-term Facility Use Permit. A Short-term Facility Use Permit is issued for any Event lasting a minimum of one (1) day but no longer than seven (7) calendar days. Short-term Facility Use Applications will be accepted and processed by the City year-round on a calendar year basis, and the approval of said Permits are contingent upon the availability of the requested Facility(ies). Applicants are encouraged to submit any Short-term Facility Use Policy No. 24-02
7 Permits as early in the year as possible to ensure that the desired Event dates are secured.

7.1.1. Short-term Facility Use Permit for Events Exceeding the Hourly Restrictions for Athletic Facilities (excluding soccer fields). Any Short-term Facility Use Permit Applications for events that anticipate or plan to exceed the hourly restrictions for Athletic Facilities (including tournaments) will be considered on a case-bycase basis. Said Applications will be considered by the Mendota Recreation Commission at a public meeting of the body. If the Recreation Commission is unable to meet to consider the Application, the Application may be considered administratively by the City Manager, or their designee.

These times are available for unreserved community use. • Reserved Blocks (Permit Required):
o Saturdays:
 11:00 AM – 2:00 PM
 2:00 PM – 5:00 PM
 5:00 PM – 8:00 PM
Applicants may request any of these blocks for practices, games or tournaments. o Sundays (only on one field as determined by the City):
 7:00 AM – 11:00 AM
 11:00 AM – 2:00 PM
 2:00 PM – 5:00 PM
 5:00 PM – 8:00 PM
 8:00 PM – 11:00 PM
Applicants may request any of these blocks for practices, games or tournaments.

Purpose of Reservation Blocks:

The block structure balances community access and organized use, ensuring both open play opportunities and scheduled events can coexist without overuse or scheduling conflicts.

7.2. Long-term Facility Use Permit. A Long-term Facility Use Permit is issued for any Event lasting a minimum of eight (8) calendar days but no longer than three (3) months. The City will accept and process Facility Use Applications in accordance with the following procedures depending on the type of Facility(ies) being requested. Long-term permits Policy No. 24-02
8 do not apply to soccer fields.

7.2.2.1. Long-term Facility Use Permit Quarters for Athletic Purposes.

7.2.2.2. Deadlines to Submit Long-term Facility Use Applications for Athletic Purposes.

7.2.2.3. Additional Considerations Regarding Long-term Facility Use Applications for Athletic Purposes.

7.2.2.3.1. Should the City receive a Facility Use Permit Application for Athletic Purposes during any given quarter and the requested Facility(ies) are available, the Facility Use Permit will only be granted for use of the Facility for the remainder of the quarter.

7.2.2.3.2. The City reserves the right to modify or cancel the facility use quarters outlined in Subsection

7.2.2.1 for any reason deemed necessary by the City including, but not limited to, inclement weather, poor Facility conditions, the need for additional Facility maintenance or field recovery.

7.3. Additional Considerations Regarding Types of Permits.

Jan Feb March April May June July Aug Sept Oct Nov Dec
Fields
Closed
Quarter 1 Quarter 2 Quarter 3 Fields
Closed
Quarter Deadline to Submit Application
Quarter 1 February 1 by 5pm
Quarter 2 May 1 by 5pm
Quarter 3 August 1 by 5pm
Policy No. 24-02
9 8. PROCESS FOR OBTAINING A FACILITY USE PERMIT

8.1. Applying for a Facility Use Permit.

8.1.1. General Facilities (All Facilities Except Soccer Fields) To request use of a Facility, Applicants must complete the City’s Facility Use Application which can be found on the City’s website at www.cityofmendota.com, by calling City Hall at (559) 655-3291 and requesting an electronic copy, or by visiting Mendota City Hall located at 643 Quince Street, Mendota, CA 93640.

8.1.2. Soccer Fields
To request use of a soccer field, Applicants must complete the City’s Facility Use Application and adhere to the following requirements:

Application Submission
• A separate application must be submitted for each weekend. • Applications may be submitted in-person at City Hall or via email (please contact Mendota City Hall at (559) 655-3291 to request the email address to send the application) between 8:00 AM – 5:00 PM, 10 business days in advance (second Monday prior to the requested weekend).

8.2. Application Processing & Administrative Review

8.2.1. General Facilities. The City will review and process Facility Use Applications in the order in which they are received and in accordance with the provisions contained in this Policy. If additional information is needed for the Application, the City will contact the Applicant. Facility Use Applications will be processed administratively and will be considered by the City Manager, or their designee(s). Any Facility Use Application involving unique circumstances may be reviewed by the City Council.

8.2.2. Soccer Fields. Soccer field applications follow a separate administrative review process from other facilities.

Policy No. 24-02
10 All soccer field applications, including those for games and tournaments, will be processed together and considered on a first-come, first-served basis according to the time the application is submitted on the Monday deadline. Priority Group Classifications and Facility Allocations established in Sections 4 and 5 of this Policy will apply. Each applicant may reserve up to two (2) reservation blocks and one (1) field per weekend. If any reservation blocks remain available after all timely applications have been processed, those blocks may be offered to applicants who submitted their applications by the Monday deadline The City will review and take action on soccer field applications no later than five (5) business days after receipt of a completed application. Applicants will be notified via U.S. Mail or email whether their application is approved or denied. Any additional information required for the application will be requested by the City during the review period.

8.3. Action on Facility Use Application.

8.3.1. General Facilities. No later than 15 business days following the City’s acceptance of a Facility Use Application, the Applicant will be notified via US Mail or email whether the application was approved or denied.

8.3.1.2. Application Denied. If the application is denied, the Applicant will be provided a letter stating the reason(s) for denial. Reasons for denial of any Facility Use Application may include but are not limited to the following.

A. That the proposed Event/Activity is of a size or nature that will entail unusual expense to the City or will require special police operations.

B. That the applicant has failed to agree to provide a reasonable means of informing all the persons participating in the proposed Event/Activity of the terms and conditions of such permit.

C. That the proposed activity or use will unreasonably interfere with or detract from the promotion of public health, welfare, safety, or recreational activities in the City.

D. That the Applicant refused to agree in writing to comply with all lawful conditions of the permit.

E. That the Applicant failed to file a timely application in accordance with the provisions contained in this Policy and the MMC.

F. That the application failed to adequately specify and inform the City of all the information pertinent to the Event/Activity to the satisfaction of the City.

8.3.2. Soccer Fields. Following administrative review, the City will take formal action on each soccer field application.

Policy No. 24-02
11 9. CONDITIONS OF APPROVAL
To ensure the health, safety, and security of the Permittee, the Event/Activity participants, City officer and employees, and the Facilities, the City will impose Conditions of Approval on the Permittee and Facility Use Permit. The Permittee, and any persons acting on behalf of the Permittee, and any Event/Activity participants must comply with the Conditions of Approval (both general and specific conditions) for the Facility Use Permit in order to effectuate the permit.

9.1.1.Liability Insurance. Permittees shall be responsible for any and all damage to City premises, equipment, and property. If additional maintenance is required (in excess of normal services/time) after an Event/Activity, the Permittee will be charged accordingly. The City is not responsible for accidents, injuries, or loss/damage to property of individuals/groups using the public fields and facilities. The Permittee will be held responsible for all actions, behavior and damages caused by the Event/Activity participants/guests/attendees. All Permittees will be required to provide the City with an original Certificate of Insurance providing proof of the following coverage:
• Public liability and property damage limits with a combined single limit of not less than one million dollars ($1,000,000.00), with a deductible of no more than ($500.00). • The Permittee must be a name insured.
• The City of Mendota (643 Quince Street, Mendota, CA 93640) must be named as additionally insured. • The coverage shall be maintained throughout the duration of the Facility Use Permit.

Policy No. 24-02
12 9.1.4.2. Restrooms. Some Facilities have public restrooms which may be utilized. Permittees will be held responsible for the upkeep and maintenance of the restroom Facility during the course of their event. If a Permittee is required to or chooses to use portable restrooms for their Event/Activity, arrangements must be made with the City. Permittee must contact the City of Mendota at least one week prior to the event for location approval. In addition, Permittees must arrange for and pay all fees directly with the restroom vendor.

9.1.4.3. Lights. Lights are available at some athletic fields and must be requested by the Permittee. Lights will be turned on/off by City staff.

9.1.6. Compliance with Approved Dates/Time for Facility Use.

Permittees must provide schedules demonstrating that all allocated Facilities are being used. For general facilities, Permittees must notify the City at least 72 hours before an approved use if they will not utilize the Facility. For soccer fields, notification must be provided at least five (5) business days before the scheduled use. For long-term permits, if a designated Facility is not used by the Permittee on three (3) separate occasions within the approved dates/times, the Permit will be forfeited, and the Facility will be made available for reassignment. Failure to provide timely notice will result in penalties as outlined in Section 11.6.

When Facility Use Permits are issued, the Facility is reserved for the Permittee to the exclusion of others.

Permittees may not assign, sublease, or otherwise transfer their Facility Use Permit to any other party. Any unauthorized assignment or transfer will result in immediate revocation of the Permit.

9.1.8. City Personnel. If the City determines that City personnel are required for an Event, they will be assigned. Any resulting expenses or costs will be billed to the Permittee.

Policy No. 24-02
13 9.1.11. Designated Representatives. Applicants must specify authorized representatives in their Facility Use Application. At least one designated representative must be present at the Facility for the entirety of the approved use. Designated representatives are responsible for ensuring that all Conditions of Approval are met during the event.

9.2.1. Additional Forms. Depending on the type of Event/Activity that will be held, permittees may be required to complete additional forms or obtain additional permits, including but not limited to a: noise permit, public dance permit, encroachment permit, bingo permit, etc.

9.2.2.Special Conditions for Athletic Fields/Athletic Use

Dragging, raking, etc. of the baseball fields must be complete with the permission of the City.

9.2.2.2. Equipment Regulations. The use of cleats with metal spikes at City Facilities is strictly prohibited.

10. FACILITY USE FEES AND DEPOSITS.

Policy No. 24-02
14 • Pay for and augment operation/maintenance costs for a field where tax appropriations support the basic service.
• Control use of the field.
• Assess a portion of the costs of the field to users who may not be tax supporters. • Enable the Department to provide fields for which funds might not otherwise be available.

The primary goal of this purpose statement is to develop an understanding that the pricing of services is a conscious procedure that requires continual investigation and review by the City.

10.2. Payment of Fees and Deposits Required. Permittees are required to pay the fees and deposits necessary prior to using the requested Facility(ies). The fees and deposits required for the facility use will be listed on the Facility Use Permit. Permittees must pay all fees and deposits prior to the use of the Facility(ies). If Permittees fail to pay all fees and deposits prior to the use of the Facility(ies), there will be a 10% late fee for each day fees are not paid. All future Facility Use Applications will not be allowed/approved until all fees are paid.

10.3. Refunds.

10.3.3. No Deposit Carry Over. Deposits may not be carried over. Permittees must submit deposits for each separate Facility Use Permit.

11. ADDITIONAL CONSIDERATIONS

Policy No. 24-02
15 11.2.1. Criteria for Establishing Fields Playability. The following information is the City’s procedures regarding the use of fields in wet conditions. These procedures apply to all sports and activities conducted on a grass field, turf area, or infield:

Baseball and Softball In-Fields
Infields will be deemed unsafe and unplayable when any of the following conditions are present:
• There is standing water within the base paths
• Your feet slip as you walk through the infield
• The depth of your footprint is greater than one half inch • Any of the above conditions are present within the pitching area Soccer, Baseball and Softball Outfields – Turf
Outfields and turf area will be deemed unsafe and unplayable when any of the following conditions are present:
• There is standing water within the majority of a single playing position (playing positions will be determined based on the user group)
• Your feet suction to the ground as you walk within the majority of a single playing position • Your footprints fill with water in the majority of a single playing position • The depth of your footprint is greater than one inch in the majority of a single playing position • Grass can be easily dislodged from the fields during play The following procedures are to be followed regarding the use of fields when there has been rain, overwatering, or other serious weather conditions:
• If it has rained within the preceding 24 hours, Permittees scheduled to use public fields must call the City at (559) 655-3291. City personnel will make determination of field conditions/closures, and the decisions are not negotiable.
• The City may declare a field closed and reopening subject to a re-inspection. Conditions set forth as a result of there-inspection of the field should be evaluated by the Permittee at practice/game time for playability. The Permittee must employ the playability criteria used by City staff. • Permittees are expected to make educated, responsible decisions regarding field condition playability. The groups should employ the playability criteria used by City staff and take into consideration the current and future quality of the turf.
• Persons witnessing misuse of fields by other scheduled or unscheduled users are advised to contact the Mendota Police Department at (559) 600-3111 or Mendota City Hall at (559) 655-3291 (during regular working hours only).
• Misue/Use of Facility during wet conditions shall result in the assessments of penalties as described in Section 11.6 of this Policy. It is the Permittee’s responsibility to ensure that all coaches/parents understand and enforce this policy.

11.4. Turf Preservation. Cooperation is needed for the preservation of the turf of City Facilities by following these Policy No. 24-02
16 guidelines:
• Field use, especially practices, should be conducted in such a way that the action takes place on different sections of turf, thus reducing excessive turf damage in one area. Rotate use of areas, and when possible, stay off fringe or bare areas to limit erosion and further damage. • Replace turf divots at end of each day to help re-root grass. • No tarps or material which may damage the grass may be placed on the turf. Any turf coverings used must be made of breathable material.
• Do not use fields during or after heavy rain, or when wet or muddy (see inclement weather policy). • Soccer practices are not to be held on the infield area of a softball or baseball diamond. • Remove all equipment at the conclusion of each day.
• Do not overcrowd fields by scheduling multiple games in areas reserved. Allow a distance between fields for safe passage of spectators and participants.
• Report hazards to Mendota City Hall at (559) 655-3291. • Report immediate emergencies (broken water lines, gushing sprinkler heads, etc.) to the City’s designated employee. When calling, be prepared to fully identify yourself, your location (park/school), and the specific nature of the emergency so that staff can bring the appropriate repair equipment. • Do not drive or park cars, motorcycles, or other motorized vehicles on turf areas, unless given written authorization by the City.

11.6. Penalties for Facility Use Permit Violations
The City utilizes two separate penalty procedures for Facility Use Permit Violations, depending on the severity of the violation.

11.6.1. Minor Violations. Minor violations include any violations of this Policy. Penalties for minor violations include:

First Offense: Written warning to the user group/individual and restitution for damages/costs, if applicable.

Second Offense: One-day (or one Event day) suspension of any existing permits and restitution for damages/costs, if applicable.

Third Offense: Three-day (or three Event days) suspension of any existing permits and restitution for damages/costs, if applicable.

Subsequent Offenses: One week (or five Event days) suspension of any existing permits and restitution for damages/costs, if applicable.

11.6.2. Major violations. Major violations include the use or presence of unauthorized alcohol, drugs, and the occurrence of fights at any event. Penalties for major violations include:

Policy No. 24-02
17 First Offense: One-month or one-day suspension (depending on Permit type) of any existing or future permits and restitution for damages/costs, if applicable.

Second Offense: Three-month or three-day suspension (depending on Permit type) of any existing or future permits and restitution for damages/costs, if applicable.

Third Offense: Termination of any existing permits, loss of future facility use privileges and restitution for damages/costs if applicable.

Policy No. 24-02
18 EXHIBIT “A”
Policy No. 24-02
19 FEE SCHEDULE FOR THE USE OF CITY OF MENDOTA FACILITIES

ATHLETIC FIELDS/ATHLETIC FACILITIES/USE OF FACILITY FOR ATHLETIC USE (EXCLUDING SOCCER TOURNAMENTS)

FEE DESCRIPTION FEE TOTAL

FACILITY USE FEES
Mendota residents and
Mendota based Organizations*
Use of Field** No Fee
Concession Stand** No Fee
Tournament Vendor Fee No Fee
Non-Mendota residents and
Non-Mendota based Organizations
Use of Field (Private Party)* $200.00 per
league/tournament
Use of Field (Youth and/or Non-Profit)* No Fee
Concession Stand $25.00 per
league/tournament
Tournament Vendor Fee (Private
Party/For Profit)
$50.00 per vendor
Tournament Vendor Fee (Non-Profit) No Fee
DEPOSIT***
General Deposit $250 per
league/tournament
(can be applied for up
to 3 months of use)
*Applicant must provide proof of address
**Includes electricity
***Deposits are refundable upon completion of the facility use if all Facility Use Permit conditions are met
Policy No. 24-02
20 SOCCER TOURNAMENTS

FEE DESCRIPTION FEE TOTAL

FACILITY USE FEES
Tournaments held for the charitable purpose of fundraising for funeral expenses and by non-profit organizations*
Use of Field No Fee
Tournament Vendor Fee No Fee
Tournaments held for profit*
Use of Field $200.00 per
tournament/field
Tournament Vendor Fee (Private
Party/For Profit)
$50.00 per vendor

FEE DESCRIPTION FEE TOTAL

FACILITY USE FEES
Mendota residents and
Mendota based Organizations*
Use of Facility No Fee
Non-Mendota residents and
Non-Mendota based Organizations
Use of Facility $500.00 per
application/use
Use of Facility (Youth and/or NonProfit)No Fee
DEPOSITS**
General Deposit* $500.00 per
application/use
Key Checkout Deposit* $50.00 per
application/use
*Applicant must provide proof of address
**Deposits are refundable upon completion of the facility use if all Facility Use Permit conditions are met
Policy No. 24-02
22 ROJAS-PIERCE PARK

FEE DESCRIPTION FEE TOTAL

FACILITY USE FEES
Mendota residents and
Mendota based Organizations*
Main Pavilion & BBQ Pit** No Fee
Concession Stand** No Fee
Small Pavilion No Fee
Non-Mendota residents and
Non-Mendota based Organizations
Main Pavilion & BBQ Pit* $350.00
Concession Stand* $175.00
Small Pavilion $125.00
DEPOSITS***
(Applicable to all applicants)
Main Pavilion & BBQ Pit Deposit $300.00
Concession Stand Deposit $150.00
Small Pavilion Deposit $150.00
Key Deposit (if applicable) $50.00
*Applicant must provide proof of address
**Includes electricity
***Deposits are refundable upon completion of the facility use if all Facility Use Permit conditions are met
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: MICHAEL OSBORN, PROJECT MANAGER
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: AWARDING THE CONSTRUCTION CONTRACT TO ASPHALT DESIGN BY JUAN GOMEZ IN THE TOTAL AMOUNT OF $426,200.00 FOR THE DIVISADERO & INEZ STREET

RECONSTRUCTION PROJECT
DATE: APRIL 8, 2026
ISSUE
Should the City Council adopt Resolution No. 26-17, awarding the construction contract to Asphalt Design by Juan Gomez in the total amount of $426,200.00 for the Divisadero & Inez Street Reconstruction project?

BACKGROUND
Divisadero Street and Inez Street are functionally classified as local streets east of Juanita Street and are therefore not eligible to receive federal aid dollars through the Federal Highway Administration. In 2017, the City of Mendota (“City”) reconstructed Divisadero Street from Marie Street to Lolita Street. The City applied for and was awarded Surface Transportation Block Grant (“STBG”) funds in 2024 through Fresno Council of Governments’ (“FCOG’s”) competitive call for projects to reconstruct Divisadero Street from Lolita Street to Juanita Street as this section of Divisadero Street is functionally classified as a collector and is therefore eligible for federal aid. This project is awarded and is scheduled to start construction on April 13, 2026. At the direction of the City Council, the local portion (east of Juanita) was let out as a separate project.

The City filed a Notice of Exemption to satisfy CEQA and has prepared construction documents.

The request for bids was initially advertised in the Business Journal and construction documents (plans and specifications) were made available to contractors through local Builder’s Exchanges on Friday, February 20, 2026 and advertised again on Friday, February 27, 2026. On Tuesday, March 17, 2026 at 2:00 p.m. the public bid opening was held at City Hall. Nine general contractors attended and submitted bids, along with staff and the project manager. The bids were as follows:
2 CONTRACTOR BASE BID AMOUNT
Dave Christian Construction Co. $483,455.25
Juarez Brothers General Engineering $499,387.00
Avison Construction $467,872.00
Alpha1 Engineering PC dba Alpha1 $696,214.22
Asphalt Design by Juan Gomez $426,200.00
Terra West Construction $509,604.00
AJ Excavation, Inc. $554,776.15
Cal Valley Construction $578,503.00
Central Valley Asphalt $536,000.00

ANALYSIS
Staff has reviewed the submitted bid packages. The apparent lowest bidder, Asphalt Design by Juan Gomez, and their bid package was reviewed and found to be complete and responsive.

Asphalt Design by Juan Gomez has a good experience with street projects in other parts of the county and is a licensed Class A contractor.

The Engineer’s Estimate for the project was $500,000, so this bid received presents a good value to the City.

We will work with the contractor for scheduling, but work is anticipated to start in May and be completed in July.

FISCAL IMPACT
The lowest responsive and responsible bid price is significantly lower than the Engineer’s Estimate and fits within the budget. Additional expenses to the City will be for Construction Engineering (Administration, Management and Testing services). City (“Local”) expenses will be paid for out of the City’s Enterprise Street Fund (Gas Tax, LTF, Measure C) and were budgeted for in the adopted Fiscal Year 2025-2026 Annual Budget. This project will not impact the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 26-17, awarding a construction contract to Asphalt Design by Juan Gomez in the total amount of $426,200.00 for the Divisadero & Inez Street Reconstruction project.

Attachment:

1. Resolution No. 26-17
1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 26-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA AWARDING

THE CONSTRUCTION CONTRACT FOR THE DIVISADERO & INEZ STREET

RECONSTRUCTION TO ASPHALT DESIGN BY JUAN GOMEZ IN THE AMOUNT OF $426,200.00
WHEREAS, the City of Mendota (“City”) owns and maintains the public street right of way of Divisadero Street and Inez Street; and
WHEREAS, Divisadero Street from Juanita Street to Inez Street and Inez Street from Divisadero Street to 7th Street (project limits) are functionally classified as local roads and are therefore not eligible to receive Federal Highway Administration funding; and
WHEREAS, a Notice of Exemption was filed with the State Clearinghouse on June 18, 2025 (SCH Number 2025060820); and
WHEREAS, on February 20, 2026, and February 27, 2026, notice was published in the Business Journal and regional Builder’s Exchanges notifying all interested parties to submit bids for the project; and
WHEREAS, a public bid opening was held promptly after the deadline published in the notice on Tuesday, March 17, 2026, at 2:00 p.m. at City Hall; and WHEREAS, nine (9) companies submitted bids before the deadline; and WHEREAS, the apparent lowest responsible bidder was Asphalt Design by Juan Gomez, whose proposal was found to be responsive and within the overall project budget; and
WHEREAS¸ the City has budgeted for the local costs of the project in the adopted Fiscal Year 2025-2026 Annual Budget.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota hereby awards the construction contract for the Divisadero & Inez Street Reconstruction to Asphalt Design by Juan Gomez in the amount of $426,200.00 and authorizes the City Manager or his designee to execute all documents necessary for the completion of the project.
______________________________
Victor Martinez, Mayor
2 ATTEST:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: APPROVING A REIMBURSEMENT AGREEMENT WITH FIREBAUGH CANAL WATER DISTRICT FOR THE USE OF WELL NUMBER 3
DATE: APRIL 8, 2026
ISSUE
Should the City Council adopt Resolution No. 26-18, approving a Reimbursement Agreement with the Firebaugh Canal Water District for the use of Well Number 3?

BACKGROUND
City Well Number 3 was originally drilled on property owned by FCWD under an agreement between the City and FCWD. In 2014, FCWD performed servicing on the Well, and in 2020 a prior reimbursement agreement formalized cost-sharing arrangements. Historically, the City has allowed FCWD to utilize the Well for agricultural purposes, with reimbursement for costs incurred, creating a beneficial partnership for both entities.

Due to ongoing drought conditions and limited water allocations, FCWD requires access to Well Number 3 to supplement its conveyance system. This agreement provides a formal structure for the operation, maintenance, and cost reimbursement related to the Well, ensuring both parties understand their rights and responsibilities.

ANALYSIS
Approving this agreement ensures that Well Number 3 remains operational, maintained, and available for FCWD’s critical water needs during drought conditions. By formalizing maintenance, operational, and reimbursement responsibilities, the City protects itself financially while continuing to support a regional water partner. The agreement also establishes clear procedures for water use tracking, cost reimbursement, and operational priorities, providing transparency and accountability.

This agreement reinforces the City’s commitment to sustainable water management and ensures that both the City and FCWD have a clear framework for shared use of this essential resource.

FISCAL IMPACT
All revenue resulting from the compensation for this agreement will be allocated to the Water Fund.
2 RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 26-18, approving a Reimbursement Agreement with the Firebaugh Canal Water District for the use of Well Number

3. Attachments:

1. Resolution No. 26-18

2. Exhibit “A” – Reimbursement Agreement for Well Number 3 Between City of Mendota and Firebaugh Canal Water District
1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 26-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA APPROVING

A REIMBURSEMENT AGREEMENT WITH THE FIREBAUGH CANAL WATER DISTRICT FOR THE USE OF WELL NUMBER 3
WHEREAS, in 1990, the City of Mendota (“City”) entered into an agreement with the Firebaugh Canal Water District (“FCWD”) allowing Well Number 3 (“Well”) to be drilled on FCWD’s property; and
WHEREAS, in 2020, the City and FCWD entered into a reimbursement agreement for the Well; and
WHEREAS, over time, the City has permitted FCWD to use the Well for agricultural purposes, with FCWD reimbursing the City for associated costs; and WHEREAS, FCWD is continuing to experience severe drought conditions with limited water allocations and has the capacity to utilize the Well in its conveyance system, as it has done previously; and
WHEREAS, FCWD has agreed to repair the Well if needed, maintain it, and reimburse the City for all costs associated with its use through a new reimbursement agreement.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota hereby approves the Reimbursement Agreement for Well Number 3 between the City of Mendota and the Firebaugh Canal Water District, attached hereto as Exhibit “A.”
AND BE IT FURTHER RESOLVED, that the City Manager, or their designee, is hereby authorized to execute the Reimbursement Agreement for Well Number 3 and any related documents necessary to implement and administer the Agreement. ______________________________
Victor Martinez, Mayor
2 ATTEST:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk

EXHIBIT A
1 Reimbursement Agreement for Well Number 3 Between
City of Mendota and Firebaugh Canal Water District
THIS AGREEMENT is made and entered into this 17th day of March, 2026, by and between FIREBAUGH CANAL WATER DISTRICT, a local public agency formed under Division 13 of the California Water Code (herein referred to as "District"), and the CITY OF MENDOTA, a municipal corporation of the State of California (herein referred to as "City"), which, for full and adequate consideration, receipt of which is hereby evidenced and the adequacy of which is stipulated, agree as follows:

1. District is facing an unprecedented drought with water allocations near zero and has the physical ability to utilize City Well #3 in its conveyance system of which it has done over the past few years.

2. City Well #3 was serviced by Firebaugh Canal Water District in 2014.

3. District will, at its own expense, repair City Well #3, if needed, and maintain the well.

The process can include: Repair or replacement of motor, column pipe, tube/shaft and bowls. City and its engineer will be consulted, as to repair specifications. City understands that District can make no warranties in regard to the longevity of the well or the availability or reliability of the repairs that will bemade thereto.

4. District agrees to reimburse City for electrical energy used to pump the water at a rate of One hundred twenty-five dollars ($125) an acre foot in exchange for the water which will be discharged into the District's Main Intake Canal.

5. District will have a right to utilize City Well #3 for irrigation purposes and recover its capital cost from the repair of City Well #3 at a rate of One Hundred Dollars ($100) per acre foot pumped until the reimbursement of this cost plus six percent (6%) interest on the amount of cost incurred to District are recovered. If the well shall fail or become unavailable to District because of poor water quality, District shall not be entitled to recover its unreimbursed contribution but may make reasonable attempts to remedy the problems with the well at District's sole cost or to drill a new well at the site if District so elects.

6. District agrees that, at no cost to city, it will test the quality of the water in City Well #3 for Electrical Conductivity, Boron, Selenium, Iron and Manganese and forward results to City and its Engineer. If the quality of the water is unsuitable for District's use from time to time, District shall cease pumping and may attempt to pump at later times or according to a different regime.

7. Pumped watershall become the property of the District. City shall record the beginning balance and track and record the water pumped on a monthly basis by District for irrigation purposes.
2 8. City will invoice the District for electricity charges on the basis of monthly meter readings from City Well #3. District will keep track of reimbursement of costs of District and periodically report that progress toCity.

9. District will oil and visually inspect Well #3 daily at no cost to City.

10. The District agrees to pump at least 400-acre feet of water per year, to meet solar savings for the City.

11. To the greatest extent allowed by law, District shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from any all costs, expenses, liabilities, losses, claims, and damages including attorneys’ fees and costs, arising out of or relating to District’s intentional or negligent acts or omissions relating to the operation of the well or use of water pumped from the well. City accepts the risk that the well shall become damaged, shall deteriorate over time, or that, upon demand for fire flow, the well shall provide inadequate water or pressure or fail to produce flows.

The duty of District to indemnify and defend City, its officers, agents, and employees shall not extend to or include claims that the well was unavailable for fire flow or produced insufficient water or pressure or that damage was caused thereby. There shall be no third-party beneficiaries of the terms of this Agreement in any respect or regard.

12. District agrees that, ifCity has a demand for Well #3, District operation of well #3 will cease immediately with pumping by District to commence once City no longer has demand for Well #3.

13. The term of this agreement shall extend five (5) years following completion of the reimbursement to District and District shall have exclusive right to the use of the well. _________________________________ _______
Cristian Gonzalez, City Manager Date
City of Mendota
__________________________________ _______
Jeff Bryant, General Manager Date
Firebaugh Canal Water District
1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 26-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA APPROVING

THE PROPOSAL AND CONSULTANT SERVICES AGREEMENT FROM PROVOST &

PRITCHARD CONSULTING GROUP FOR ENVIRONMENTAL PLANNING SERVICES FOR THE NATIONAL ENVIRONMENTAL POLICY ACT PART 58 COMPLIANCE FOR

THE MENDOTA COMMUNITY CENTER PROJECT
WHEREAS, the City of Mendota (“City”) has been awarded a 2-million-dollar grant from the United States Department of Housing and Urban Development (“HUD”) for the development of a new Mendota Community Center; and WHEREAS, funding for the new Community Center is being met by a combination of HUD funds and other State funding allocations.; and WHEREAS, having been awarded funds from HUD, the City now has responsibility to complete the necessary environmental review under 24 CFR 58, which is also commonly referred to as National Environmental Policy Act (“NEPA”) Part 58 compliance; and
WHEREAS, the City intends to retain Provost & Pritchard Consulting Group to provide environmental planning services for the Mendota Community Center Project; 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 Proposal and Consultant Services Agreement submitted by Provost & Pritchard Consulting Group for environmental planning services for the National Environmental Policy Act Part 58 compliance for the Mendota Community Center Project 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:

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 • Riverside • Camarillo • Boise, ID April 3, 2026
Cristian Gonzalez
City of Mendota
643 Quince Street
Mendota, CA 93640
Subject: Environmental Planning Services for NEPA Part 58 Compliance for Mendota Community Center Project
Dear Mr. Gonzalez,
Thank you for the opportunity to submit this proposal to provide environmental planning services for the Mendota Community Center Project (project). This proposal discusses our understanding of the project, recommends a scope of services together with associated fees, deliverables and approximate schedules, and sets forth our assumptions.

PROJECT UNDERSTANDING
We understand that the City of Mendota (City) has been awarded a 2-million-dollar grant from the United States Department of Housing and Urban Development (HUD) for the development of a new City Community Center. It is understood that funding for the new Community Center is being met by a combination of HUD funds and other State funding allocations. Having been awarded funds from HUD, the City now has responsibility to complete the necessary environmental review under 24 CFR 58, which is also commonly referred to as National Environmental Policy Act (NEPA) Part 58 compliance.

Planning staff at Provost & Pritchard Consulting Group (P&P) are familiar with HUD’s Environmental Assessment checklist, as we routinely complete the Environmental Assessment form and accompanying environmental compliance tasks for public agencies and HUD grant recipients. P&P is already approved to act as a consultant for the City in HUD’s Environmental Review Online System (HEROS).

SCOPE OF SERVICES
Our proposed scope of work is described below.

PHASE NEPA: HUD EA DETERMINATIONS AND COMPLIANCE FINDINGS FOR HUD-ASSISTED PROJECTS 24 CFR PART 58
P&P will complete an Environmental Assessment for HUD, inclusive of:
a. California Historical Resources Information System (CHRIS) Record Search (if required by funder)
b. Sacred Lands File Search from the Native American Heritage Commission (NAHC) c. CalEEMod Air Quality Model Run
d. Desktop Biological Memo
e. GIS Exhibits
City of Mendota April 3, 2026
NEPA for Mendota Community Center Page 2 of 3
Job No.: 26-252
The Environmental Assessment will be created based on HUD’s Part 58 Environmental Assessment Template.

Once prepared, P&P will insert the requisite information into HUD’s HEROS system. The City will be responsible for creating the project in the HEROS system and assigning it to P&P. Once the Environmental Assessment is inserted into the HEROS system, the City will be responsible for completing portions that must be entered by the Responsible Entity and submitting it to HUD for review.

DELIVERABLES
• HUD Part 58 Environmental Assessment (Word), inserted into HEROS • English/Spanish Notice of Intent-Request for Release of Funds (Word) • Form 7015.15 – Request for Release of Funds (PDF)

PROFESSIONAL FEES
P&P will perform the services described above 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 of $15,000 without additional authorization.

SCHEDULE
Once we receive an executed copy of this Proposal together with the signed Consultant Services Agreement and are authorized to proceed, we can prepare the Environmental Assessment and Notice of Intent-Request for Release of Fundsfor initial submittal in approximately 6 to 8weeks. Upon submittal of the aforementioned documents, the City will be required to post these documents on its website for at least 15 days prior to submitting the documentation for review by HUD.

ASSUMPTIONS
• The City is responsible for creating the project and assigning it to P&P in the HEROS system. • Environmental review pursuant to the California Environmental Quality Act has been previously completed for the project.
• The City shall provide the Grant Award Letter prior to work commencing on the Environmental Assessment. The City shall also provide the complete funding allocation information and estimated cost for total project completion.
• The Environmental Assessment will be prepared based on the construction drawings for the Mendota Community Center prepared by Gerald Mele & Associates, Inc. dated 12/30/25. If an updated plan set is available, the City shall provide the updated plan set prior to work commencing on the Environmental Assessment.
• The City will post the Notice of Intent-Request for Release of Funds to its website, rather than circulating the notice to a newspaper of general circulation. • The CHRIS search cost is included in the estimate provided above. No other noticing, filing, or costs related to record searches is anticipated. Any unanticipated costs required shall be paid by the City. • No special status species have the potential to be significantly impacted by the project. If it is determined that a special status species may be significantly impacted, a contract amendment shall be necessary.
• No cultural, historical, tribal cultural, or paleontological resources would be significantly impacted by the project. If one of these resources is determined to be at risk of significant impacts as a result of the project, a contract amendment shall be necessary.

City of Mendota April 3, 2026
NEPA for Mendota Community Center Page 3 of 3
Job No.: 26-252
• The client will provide all relevant information regarding the project and its proposed improvements. • Provost & Pritchard is not responsible for drafting the project’s State Office of Historic Preservation Letter (if required).
• All deliverables will be provided electronically to City staff. • City staff are responsible for completing portions of the HEROS process required of the Responsible Entity and which the assigned consultant can not complete, including completion of the Form 7015.16 (Authority to Use Grant Funds).

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.

Sincerely Yours,
Provost & Pritchard Consulting Group
Wyatt Czeshinski, AICP Sara Allinder, AICP
Senior Planner Director of Operations

TERMS AND CONDITIONS ACCEPTED
By Cristian Gonzalez
Signature
Printed Name
Title Date

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: 26-252
City of Mendota 26-252
Client/Agency Proposal No.

Cristian Gonzalez
Attention Telephone
City of Mendota
Bill to Fax
643 Quince Street
Billing Address Email
Mendota, CA 93640
City, Zip Code
Environmental Planning Services for NEPA Part 58
Compliance for Mendota Community Center Project

Fresno County, California
Project Title Location

DESCRIPTION OF SERVICES
Please see attached proposal dated April 3, 2026 for Environmental Planning Services for NEPA Part 58 Compliance for Mendota Community Center Project.

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: WAC Prepared by: MAC
City of Mendota April 3, 2026
Environmental Planning Services for NEPA Part 58 Compliance for Mendota Community Center Project Page 2 of 6 Job No.: 26-252
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 3, 2026
Environmental Planning Services for NEPA Part 58 Compliance for Mendota Community Center Project Page 3 of 6 Job No.: 26-252
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.

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Environmental Planning Services for NEPA Part 58 Compliance for Mendota Community Center Project Page 4 of 6 Job No.: 26-252

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 3, 2026
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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.

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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.

Client/Agency
Provost & Pritchard Engineering Group, Inc.,
dba Provost & Pritchard Consulting Group

By By
Sara Allinder, AICP
Name Name
Director of Operations
Title Title

Date Signed Date Signed
4/3/2026

Mendota City CouncilApril 8, 2026

Mendota City Council
April 8, 2026