ALL CELL PHONES AND ELECTRONIC DEVICES MUST BE
TURNED OFF IN THE COUNCIL CHAMBERS
AGENDA
REEDLEY CITY COUNCIL MEETING
7:00 P.M.
TUESDAY, NOVEMBER 12, 2024
Meeting Held in the Council Chambers
845 "G" Street, Reedley, California
www.reedley.ca.gov
Peticiones para servicios de traducci6n deben ser sometidas 48 horas antes a la Secretaria Municipal al numero 637-4200 ext. 212
The Council Chambers are accessible to the physically disabled. Requests for additional accommodations for the disabled, including auxiliary aids or to request translation services, should be made 48 hours prior to the meeting by contacting the City Clerk at 637-4200 ext. 212.
Any document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such documents may be posted on the City's website.
Unless otherwise required by law to be accepted by the City at or prior to a Council meeting or hearing, no documents shall be accepted for Council review unless they are first submitted to the City Clerk by the close of business one day prior to said Council meeting/hearing at which the Council will consider the item to which the documents relate, pursuant to the adopted City Council Protocols.
The meeting will be held in person and may be observed remotely via Zoom or at:
http://www.reedley.com/livestream.php.
Public comment may be made in person or submitted in writing. Members of the public who wish to provide written comments are encouraged to submit their comments to the City Clerk at [email protected] by the close of business one day prior to the start of the meeting to ensure that the comments will be available to the City Council. Please indicate the agenda item number to which the comment pertains. Written comments that do not specify a particular agenda item will be marked for the general public comment portion of the meeting. A copy of any written comment will be provided to the City Council at the meeting. Please note that written comments received will not be read aloud during the meeting, but will be included with the meeting minutes.
Matthew Tuttle, Mayor Pro Tern
Mary Fast, Council Member
MEETING CALLED TO ORDER
INVOCATION- Russ Robertson
PLEDGE OF ALLEGIANCE
ROLL CALL
Anita Betancourt, Mayor
Suzanne Byers, Council Member
Scott Friesen, Council Member
AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
PRESENTATION
1. RECOGNITION OF COACH OF THE YEAR ARTURO SAENZ- Community Services
2. INTRODUCTION OF NEW FIREFIGHTERS
PUBLIC COMMENT - Provides an opportunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. It is the policy of the Council not to answer questions impromptu. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than three (3) minutes. No more than ten (10) minutes per issue will be allowed. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the Council as each item is brought up for discussion.
NOTICE TO PUBLIC
CONSENT AGENDA items are considered routine and a recommended action for each item is included, and will be voted upon as one item. If a Councilmember has questions, requests additional information, or wishes to comment on an item, the vote should not be taken until after questions have been addressed or comments made, and the public has had an opportunity to comment on the Consent Agenda items. If a Councilmember wishes to have an item considered individually or change the recommended action, then the item should be removed and acted upon as a separate item. A Councilmember's vote in favor of the Consent Agenda is considered and recorded as a separate affirmative vote in favor of each action listed. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.
CONSENT AGENDA (Item 3-13)
3. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF OCTOBER 22, 2024 - (City Clerk)
Staff Recommendation: Approve
4. APPROVAL OF MAYOR'S NOMINATION TO FILL TWO VACANCIES ON PLANNING COMMISSION - (City Clerk)
Recommendation: Approve
5. RATIFY THE AUTHORIZATION FOR CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE GIANTS COMMUNITY FUND ALLOWING THE CITY OF REEDLEY TO PROVIDE THE JR. GIANTS BASEBALL PROGRAM-(Community Services) Staff Recommendation: Approve
6. APPROVE AND AUTHORIZE CITY MANAGER TO RENEW THE ANNUAL SERVICES AGREEMENT WITH DAVID WELLHOUSE & ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED $4,500 FOR PREPARATION AND FILING OF CLAIMS FOR STATE MANDATED COST (SB 90) REIMBURSEMENT-(Administrative Services) Staff Recommendation: Approve
7. ADOPT ORDINANCE NO. 2024-009, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY AMENDING CHAPTER 4 OF TITLE 9 OF THE REEDLEY 2 MUNICIPAL CODE CONCERNING BUILDING REGULATION OF LIGHTING FIXTURES- (Community Development)
Staff Recommendation: Approve
8. ADOPT ORDINANCE NO. 2024-010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY AMENDING SECTION 1-5-9 OF CHAPTER 5, OF TITLE 1 OF THE
REEDLEY MUNICIPAL CODE INCREASING COMPENSATION FOR COUNCIL MEMBERS PURSUANT TO GOVERNMENT CODE SECTION 36516-(Administration) Staff Recommendation: Approve
9. ADOPT RESOLUTION 2024-067 OF THE CITY COUNCIL OF THE CITY OF REEDLEY
AUTHORIZING THE ADDITION OF ONE FULL-TIME HUMAN RESOURCES TECHNICIAN POSITION TO THE FISCAL YEAR 2024-25 ADOPTED BUDGET TO
SUPPORT ONGOING PAYROLL, COMPLIANCE, AND ADDITIONAL EMPLOYEE
RECRUITMENT & ONBOARDING ACTIVITIES
Staff Recommendation: Approve
10.ADOPT RESOLUTION 2024-083 DECLARING LISTED VEHICLES AND EQUIPMENT AS SURPLUS-(Public Works)
Staff Recommendation: Approve
11.ADOPT RESOLUTION 2024-084, CONFIRMING THE APPOINTMENT OF FORTINO GARZA Ill TO THE PUBLIC SAFETY SALES TAX CITIZENS OVERSIGHT COMMITTEE, AS COUNCIL MEMBER TUTTLE'S REPRESENTATIVE-(City Clerk)
Staff Recommendation: Approve
12.ADOPT RESOLUTION NO. 2024-085 AWARDING A CONSTRUCTION CONTRACT TO BETTER ENTERPRISE, INC. IN AN AMOUNT NOT TO EXCEED $255,760.03 FOR THE REEDLEY AIRPORT RESTROOM PROJECT-(Community Services)
Staff Recommendation: Approve
13.CONSIDERATION OF ITEMS PERTAINING TO A GRANT AWARD FROM THE
CALIFORNIA OFFICE OF TRAFFIC SAFETY
A. AUTHORIZE THE CITY MANAGER TO EXECUTE ALL GRANT
AGREEMENTS ACCEPTING THE AWARD
B. ADOPT RESOLUTION NO. 2024-088, A RESOLUTION AMENDING THE 2024-2025 GENERAL FUND BUDGET TO ACCEPT THE GRANT AWARD IN THE AMOUNT OF $58,900
(Police Department)
Staff Recommendation: Approve
PUBLIC HEARING
14.CONSIDER ACTION RELATED TO ANNEXATION OF TERRITORY (ANNEXATION NO. 22) TO THE CITY OF REEDLEY COMMUNITY FACILITIES DISTRICT 2005-1 (PUBLIC SERVICES) WHICH INCLUDES THE FOLLOWING:
A. RESOLUTION 2024-081, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF REEDLEY ANNEXING OF TERRITORY TO A COMMUNITY
3 FACILITIES DISTRICT, AUTHORIZING THE LEVY OF A SPECIAL TAX,
AND SUBMITTING LEVY OF TAX TO QUALIFIED ELECTORS, CITY OF REEDLEY COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) ANNEXATION NO. 22
B. RESOLUTION 2024-082, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF REEDLEY DECLARING RESULTS OF A SPECIAL ANNEXATION
ELECTION DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS,
AND DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN, CITY OF REEDLEY COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) ANNEXATION NO. 22
Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Administrative Services)
Staff Recommendation: Approve
ADMINISTRATIVE BUSINESS
15. INTRODUCTION OF ORDINANCE NO. 2024-008, AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF REEDLEY REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 5 OF TITLE 4 PERTAINING TO SHOPPING CARTS- Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Community Development)
Staff Recommendation: Approve
16. INTRODUCTION OF ORDINANCE NO. 2024-011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY AMENDING CHAPTER 6 OF TITLE 7 OF THE REEDLEY MUNICIPAL CODE CONCERNING REEDLEY AIRPORT REGULATIONSReport, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Community Services)
Staff Recommendation: Approve
17.CONSIDERATION OF ITEMS PERTAINING TO A NEW PAYROLL, BENEFITS, TIME &
ATTENDANCE SYSTEM
A. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL
DOCUMENTS NECESSARY FOR TRANSITION OF THE CITY'S PAYROLL,
BENEFITS, TIME & ATTENDANCE SYSTEMS AND RELATED SERVICES TO GOVERNMENT JOBS.COM, INC. OBA NEOGOV
B. ADOPT RESOLUTION NO. 2024-087 AMENDING THE FISCAL YEAR 2024- 2025 ADOPTED BUDGET APPROPRIATING $88,600 IN THE HUMAN
RESOURCES INTERNAL SERVICE FUND FOR ONE-TIME
IMPLEMENTATION COSTS AND PRORATED SERVICE COSTS
ASSOCIATED WITH CONVERTING TO A NEW PAYROLL, BENEFITS,
TIME & ATTENDANCE SYSTEM AND RELATED SERVICES
Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. (Administrative Services)
Staff Recommendation: Approve
4 REEDLEY CITY COUNCIL MEETING -October 22, 2024
A complete audio record of the minutes is available at www.reedlev.ca.gov The meeting of Reedley City Council was called to order by Mayor Pro Tern Tuttle at 7:01 p.m. on Tuesday, October 22, 2024 in the City Hall Council Chambers, 845 "G" Street, Reedley, California.
INVOCATION - Director John Bums, Central Valley Teen Challenge
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Fast
ROLL CALL
Council Members
Present:
Absent:
Suzanne Byers, Mary Fast, Scott Friesen and Matthew Tuttle Anita Betancourt
AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
Council Member Fast motioned, Council Member Friesen seconded to accept and approve agenda.
Motion unanimously carried.
PUBLIC COMMENT
Connie Brooks spoke about the upcoming election and hoped the 2024 election would be fair and honest.
Cindy Fukuyama also spoke regarding the 2024 general election and discussed a free and fair election.
Allison McAdams mentioned the 2022 election and discussed the upcoming 2024 election.
Karen Campbell mentioned election law and shared concerns of the upcoming 2024 election.
CONSENT AGENDA (Item 1-5)
Mayor Pro Tem Tuttle wanted to discuss item 5 prior to the vote. Community Development Director, Rodney Horton answered questions regarding this item.
Connie Brooks provided public comment on item 5. Ms. Brooks shared her concerns regarding the State of California's rules regarding parking and how it relates to accessory dwelling units.
Council Member Fast moved, Council Member Friesen seconded to accept, approve and adopt all items listed under the CONSENT AGENDA.
1. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF OCTOBER 8, 2024 -Approved
2. APPROVAL OF EXPENSE REIMBURSEMENT FOR COUNCILMEMBER FAST -Approved
3. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN AN AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH INTER WEST CONSUL TING GROUP TO
CONTINUALLY PERFORM THE ADDITIONAL ON-CALL PROFESSIONAL SERVICES FOR THE COMMUNITY DEVELOPMENT DEPARTMENT-BUILDING DIVISION-Approved
4. APPROVAL OF ITEMS PERTAINING TO THE AIRPORT CAPITAL IMPROVEMENT PROGRAM (ACIP):
A. ADOPT RESOLUTION NO. 2024-079 AUTHORIZING THE CITY MANAGER TO EXECUTE AND SUBMIT A FISCAL YEAR 2025 AIRPORT IMPROVEMENT PROGRAM (AIP) GRANT
APPLICATION TO THE FEDERAL AVIATION ADMINISTRATION (FAA) FOR DESIGN OF
THE INSTALLATION OF RUNWAY END LIGHTS PROJECT
REEDLEY CITY COUNCIL MEETING -October 22, 2024
B. ADOPT RESOLUTION NO. 2024-080 AUTHORJZING THE CITY MANAGER TO EXECUTE AND SUBMIT A FISCAL YEAR 2025 AIRPORT IMPROVEMENT PROGRAM (AIP) GRANT
APPLICATION TO THE FEDERAL AVIATION ADMINISTRATION (FAA) FOR DESIGN OF
THE AVIATION FUEL FACILITY REPLACEMENT PROJECT
-Approved
5. ADOPT RESOLUTION NO. 2024-078, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REEDLEY CREATING A PRE-APPROVED ACCESSORY DWELLING UNIT STANDARD PLANS PROGRAM AND DIRECTING STAFF TO FURTHER IMPLEMENT THE PROGRAM-Approved
ADMINISTRATIVE BUSINESS
6. APPROVE MAYOR'S NOMINATION TO FILL A VACANCY ON THE AIRPORT COMMISSION City Manager Nicole Zieba explained that due to term expirations there were two vacancies on the Airport Commission. After advertising the vacancies to the public in the Mid Valley Times, the City Council took action to appoint one person on the commission at the previous Council meeting. Shortly after that meeting, staff received interest from a second, qualified individual. After review of the application, Mayor Betancourt is recommending that Gary Schales to be approved to sit on the Airport Commission.
Tony Jewell a fonner commissioner on the Airport Commission spoke in support of Mr. Schales' appointment.
Council Member Byers motioned and Council Member Friesen seconded to APPROVE MAYOR'S NOMINATION
TO FILL AV ACANCY ON THE AIRPORT COMMISSION
Motion unanimously carried.
7. INTRODUCTION OF ORDINANCE NO. 2024-009, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY AMENDING CHAPTER 4 OR TITLE 9 OF THE REEDLEY MUNICIPAL CODE
CONCERNING BUILDING REGULATIONS OF LIGHTING FIXTURES
Community Development Director Rodney Horton stated this item is recommended to change the property maintenance standards to require outdoor lighting fixtures to be directed downward or toward onsite structures. This change is recommended to help prevent glare and or light to trespass on adjacent properties. The second recommended change would be to prohibit lighting fixtures from being operated in a manner that pose a safety threat to the general public.
Council Member Byers motioned and Council Member Friesen seconded to approve the INTRODUCTION OF ORDINANCE NO. 2024-009, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY AMENDING CHAPTER 4 OR TITLE 9 OF THE REEDLEY MUNICIPAL CODE CONCERNING BUILDING
REGULATIONS OF LIGHTING FIXTURES
Motion unanimously carried.
8. INTRODUCTION OF ORDINANCE NO. 2024-010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY AMENDING SECTION 1-5-9 OF CHAPTER 5, OF TITLE 1 OF THE REEDLEY
MUNICIPAL CODE INCREASING COMPENSATION FOR COUNCIL MEMBERS PURSUANT TO GOVERNMENT CODE SECTION 36516
City Manager Nicole Zieba stated City Council stipends are established in the Reedley Municipal Code. The last time the code was amended was in 1989. At that time, the stipend for Council was set at $150 a month. State law governs the maximum amount that can be set for cities based on population. The last time the law was amended was in 1984.
In recognition of the inflation that has occurred from 1984 to present, Governor Newsom recently signed into law SB329 which increases the cap for City Council stipends based on population. Staffs recommendation is to raise the Council Member stipend to be on par with neighboring cities.
Mayor Pro Tern Tuttle motioned and Council Member Friesen seconded to approve the INTRODUCTION OF ORDINANCE NO. 2024-010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY AMENDING SECTION 1-5-9 OF CHAPTER 5, OF TITLE 1 OF THE REEDLEY MUNICIPAL CODE 2 REEDLEY CITY COUNCIL MEETING -October 22, 2024
INCREASING COMPENSATION FOR COUNCIL MEMBERS PURSUANT TO GOVERNMENT CODE SECTION 36516
Motion unanimously carried.
9. APPROVE RESOLUTION 2024-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REEDLEY APPROVING THE DATE CHANGE OF THE REGULAR COUNCIL MEETING FROM DECEMBER 10, 2024, TO DECEMBER 17, 2024
City Manager Nicole Zieba stated each December of an election year where City Councilmembers are elected to serve the City of Reedley the city is required to approve the Certificate of Election prior to swearing in the new City Councilmembers. The Certificate is provided by the County Registrar of Voters to the City of Reedley after they have finalized all elections matters and certify election results. In December 2022, the city did not receive the certificate until just before the first regular City Council meeting in December, almost missing the time-frame in which to approve the certificate and install newly elected Councilmembers. Assembly Bill 3184 was recently passed as an urgency legislation that now lengthens the time in which the County Registrar of Voters must certify election results. With these changes it could mean a certificate of election may not be issued until as late as December 10, 2024. If that were to occur it would be impossible for the City of Reedley to have the certificate ready for council approval. The certificate can't be approved at the second meeting in December because that meeting falls on a holiday so it must be canceled.
Council Member Fast motioned and Council Member Byers seconded to APPROVE RESOLUTION 2024-077 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY APPROVING THE DATE CHANGE OF THE REGULAR COUNCIL MEETING FROM DECEMBER 10, 2024, TO DECEMBER 17, 2024 Motion unanimously carried.
RECEIVE INFORMATION & REPORTS
These items are formal transmittals of information to the Reedley City Council. They are not voted upon by the Reedley City Council.
Members of the public who have questions on these items are suggested to call City staff members during regular business hours.
10. REEDLEY TRAFFIC SAFETY COMMISSION MINUTES OF REGULAR MEETING OF APRIL 25, 2024
COUNCIL REPORTS
11. BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.
Council Member Fast
• Mentioned the League of California Cities event she attended and provided a brief update • Attended the Reedley Fiesta
• Shared about the Immanuel Football Game she attended
Council Member Byers
• Shared about the Sierra Kings Health Care District meeting she attended • Provided an update on the Reedley library
Council Member Tuttle
• Mentioned about the Marjaree Mason event he attended
• Attended the ribbon cutting at Twisted Indian Street Food • Also attended the Chamber of Commerce's Good Morning Reedley event
STAFF REPORTS
UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS.
City Manager Nicole Zieba:
• Discussed the Reedley College Clyde's Closet update and an effort to recycle textiles by installing a bin next to Clyde's Closet
• Provided an update to the 2025 Firework show
• Discussed a phone call she received from Congressman Jim Costa's office 3 REEDLEY CITY COUNCIL MEETING -October 22, 2024
ADJOURNMENT
Mayor Pro Tern Tuttle adjourned the regular meeting at 7:45 p.m.
Mayor Anita Betancourt
ATTEST:
Ruthie Greenwood, City Clerk
4 DATE: November 12, 2024
REEDLEY CITY COUNCIL
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: _'f ___ _
TITLE: APPROVE MAYOR'S NOMINATION TO FILL TWO VACANCIES ON
PLANNING COMMISSION
SUBMITTED: Ruthie Greenwood
City Clerk
APPROVED: Nicole R. Zieba } /
City Manager l4-{
RECOMMENDATION
Staff is recommending that the Reedley City Council approve Mayor Betancourt's nominations to fill two vacancies on the Planning Commission.
BACKGROUND
There are two vacancies on the Planning Commission which are due to term expirations. The positions were advertised in the Mid Valley Times with an application deadline of October 30, 2024 or until filled. Applications were received from four candidates. After review of applications by Mayor Betancourt, she is recommending the appointments of Rosemary Luzania and Rob Ledington. Mr. Ledington currently serves on the Measure G Committee and since he was selected to be on the Planning Commission it will result in a vacancy on the Measure G Committee.
FISCAL IMPACT
No Fiscal Impact
ATTACHMENTS
Two (2) applications
JO/z_7/21)2~
7)60
CITY OF REEDLEY
COMMISSION/COMMITTEE APPLICATION FORM
I hereby request that I be considered for appointment to the following Commission or Committee:
PLEASE TYPE OR PRINT IN BLACK INK
CHECK ONE ONLY- USE SEPARATE APPLICATION FOR EACH COMMISSION NAME:
D Airport Commission
D Community Services Commission
(Must reside within City limits)
l2J Planning Commission
(Must reside within City limits)
D Traffic Safety Commission
(Must reside within City limits)
D Streetscape Maintenance Committee
(Must be a business owner within downtown streetscape
maintenance district)
Rob Ledington
HOME ADDRESS:
EMAIL ADDRESS (if applicable): ____________ ________ _
RESIDENT OF REEDLEY FOR 19 YEARS. --- EMPLOYED BY: Moonlight Companies DATE: \7) IZ$ /Zj SIGNATURE: ·ca:t}t:~~~111!!!::::==:::==>> (Additional information is requested on the back of this fonn) Please give a brief overview of any qualifications you might have that would be beneficial to the Commission you have chosen to serve on. o~· Ctr-1 C~~,:,_:; .rs- :;_:·-'----'.__ ____________________ _ Dr
E;'r-,pUp"--\If·? /3:1 npp.uuc..)-t:f G.1'1e A~~~> . OJ.Jt,. .cfi. ::flit? ~~>T ~;Jg ~<l'-n!L.!i. ,'\i.) ,..;,rJfi \ t--,)1 "f \-\ ~ us .. M o DWCJtt" '~w \.P""\ ';J <e ~ ~ ·p1,~~ --r,a: (ht>~) Co. ~~ -r· -n-. e '::f!Ci ArL. , C l:f\:::1 5to '4-' ,(;£> A-r~O t µ r1AA ~'flk''-'1U•W ll M: v'i v m A,.___ 1 ., M a • ~ ::r A,~ , w 4 G1:M \.:I.L Please note that tbe Mayor, or his designee, will be contacting you to set up a one-on-one interview.
DATE:
TITLE:
BY:
SUBMITTED:
APPROVED:
REEDLEY CITY COUNCIL
November 12, 2024
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 5 ----
RATIFY THE AUTHORIZATION FOR CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE GIANTS COMMUNITY FUND ALLOWING THE
CITY OF REEDLEY TO PROVIDE THE JR. GIANTS BASEBALL
PROGRAM.
Taylor Cardenas, Community Services Recreation Coordinator Sarah Reid, Community Services Direct
Nicole R. Zieba, City Manager ·
RECOMMENDATION
Ratify the authorization for City Manager to execute an agreement with the Giants Community Fund allowing the City of Reedley to provide the Jr. Giants Baseball Program for the 2025 season. The program hasn't changed, but the Giants Community Fund requires that the City enter into an agreement annually. Staff is asking for the approval to continue offering this program.
BACKGROUND
Jr. Giants Baseball is a free program offered during the summer months to children ages 5-13.
During past seasons the program has served 305 players. Throughout the nine-week season players focus on character development, health, education, bullying prevention, and learn basic fundamentals.
For the 2025 season, the Jr. Giants organization is planning to host an in-person league from June 9 -August 8. The Giants Community Fund provides all needed equipment, uniforms and hats. The Giants Community Fund partners with AmeriCorps which provides and funds Ambassadors to work alongside City staff to meet the demands of the program. The Ambassadors assist with recruiting coaches, required parent and player meetings, oversight of games and distribution of Jr. Giants materials and incentives. The City of Reedley is responsible for the league recruitment, organizing of teams and supervision of the overall program.
FISCAL IMPACT
Staff time will be accounted for in the 2024-25 FY Budget.
ATTACHMENTS
Agreement with Giants Community Fund
2025 Junior Giants League Agreement
1. Introduction
Please note: You must initial each policy before moving on to the next page. If you have any questions or issues on specific policies in this agreement, please contact your Junior Giants Coordinator/Manager as soon as possible.
If you need to complete the survey in multiple sittings, click "Save and continue later" at the top of the page.
1. League
Reedley
Thank you in advance for your time!
2. Your organization's full name (to be listed online/printed on fliers) City of Reedley
3. Your name
First : Taylor
Last : Cardenas
4. Your email (you'll receive a copy of your response)
taylor [email protected]
5. Junior Giants Coordinator/Manager
Nicole Catchatoorian
2. Contact Information
Please update your contact information for email/phone communication. Your shipping address is where all league shipments will be sent.
6. Commissioner contact information
Name (first and last) : Taylor Cardenas
Office phone number : 559-637-4203
Email address : [email protected]
7. Please note that the contact information listed above (except cell phone number) will be posted onlineif participants have registration questions.
If you prefer different contact information to be listed online, please enter it below. If not, you can skip this question.
Name (first and last) : Taylor Cardenas
Email address : [email protected]
Phone number : 559-637-4203
8. Current league shipping address
*Please note: this is where all your materials will be delivered.
Address : 100 N. East Ave
City : Reedley
State : Californ ia
Zip : 93654
9. Assistant Commissioner contact information
If none, you can skip this question.
10. Please enter any other contacts you would like included on group emails from the GCF (Commissioner and Assistant Commissioner are already included).
If none, you can skip this question.
Contact
Contact
Contact
Name Email
11. The best way to ensure you have a good Ambassador is to recommend someone you know from your community. Do you have any recommendations of someone who could be an Ambassador in your league next season? We will reach out to them when the application goes live at the end of this year.
If not, you can skip this question. If you have more than 1, leave their info in the comments.
Full name : Jason Barajas
Email : [email protected]
Phone : 559-305-1080
How do you know them? : Staff Member
Comments:
12. How many 'AmeriCorps Serving Here' signs (8.5" x 11" with zip-ties) would you like to order? *Please request 1 per field location where games are held, as these are meant to be attached to the field(s) where your AmeriCorps Ambassador is serving.
2024 Example (design subject to change):
e
AmeriCorps
SERVING HERE
AmeriCorps.gov
13. Do you have any local contacts who would be interested in running the Junior Giants Schools program through their afterschool program or PE classes in the spring? If not, you can skip this question. If you have more than 1, leave their info in the comments.
Note: We will gladly take recommendations for any area, but some of our target geographic regions are Bakersfield, Carson City, Fairfield, Fresno, Klamath Falls, Livermore, Oakland, San Jose, Turlock and Yuba City.
Full name : Taylor Cardenas
School/agency city : Reedley
Email : [email protected]
Phone:5593186034
Comments: the city has 2 afterschool programs. we would be interested in hearing more about the program.
3. 2025 Planning
14. How many players and teams do you plan on hosting in each of the following divisions? Please use the suggested projections for your league sent by GCF staff as a starting point.
If you don't plan on hosting a specific division, you can leave it blank or write 0.
We recommend building teams to 15 players per team, so a sample breakdown would be:
T-ball Baseball: 60 players / 4 teams
Minors Baseball: 90 players/ 6 teams
Minors Softball: 30 players/ 2 teams
Majors Baseball: 60 players/ 4 teams
We encourage all leagues to host T-ball, Minors and Majors Baseball as well as Minors Softball at a minimum.
Both Baseball and Softball are coed, but Softball is typically primarily girls. # Players # Teams
T-ball Baseball (5-6 years) 90 6
T-ball Softball (5-6 years) 0 0
r Minor; B;seball (7-9 years) 75 5
1 Minors Softball (7-9 years) 60 4
-----
l Majors B~s-eball (10-13 years) 75 5
I Majors Softball (10-13 years) 0 0
Seniors Baseball (14-18 0 0 years)
Seniors Softball (14-18 years) 0 0
Comments:
15. Are you planning on running at least one softball division this season? Yes
4. Recruitment Materials
16. RECRUITMENT MATERIALS
We will provide printed fliers, PDF fliers and other digital resources (email templates, etc.).
If budget allows, we will also order posters (same design as fliers but larger) and/or vinyl banners.
Which of the following would you like to order?
Printed fliers: 8.5" x 11"
Posters: 22" x 28" (same design as flier, only larger)
17. How many printed fliers (8.5" x 11 ") would you like to order? *See 2024 example below. Look & feel will change for 2025, but general layout will remain the same. Leaguespecific information will be printed in the white space. Fliers are double-sided with English on one side and Spanish on one side. If you do not run a softball division, you will receive a Baseball-only flier. 200
18. How many printed Softball-only fliers (8.5" x 11 ") would you like to order? *Please note that if you run a softball division, you will receive a Baseball/Softball combo flier, as noted in the previous question. These Softball-only fliers are additional, and intended for softball-specific recruitment. 2024 Example:
Note: these are contingent on our budget and will be approved later. 100
19. How many posters (22" x 28") would you like to order? *Same design as fliers, only larger.
Note: these are contingent on our budget and will be approved later. 2 20. Contact information to be printed on fliers/posters Name: Taylor Cardenas
Email : [email protected]
Phone number (123) 555-1234 : 559-637-4203
21. All fliers/posters will be printed with the following information:
Your agency name
Sign up online starting April 1 !
League starts mid-June/ Ages 5-13 (will be specific to your league) For questions, please contact:
Name, email and phone you provided
In-person registration info and any disclaimers (if applicable) *2024 Example:
League starts mid-June I Ages 5-18
For questions, please contact:
Cindy Xiong
(9 16) 837-4924 I [email protected]
Please initial below to confirm you understand:
TC
22. Do you have any school district or other disclaimers we should include on your fliers? No
23. Do you need fliers in another language besides English/Spanish? No
24. Do you need your agency's logo printed on your fliers/posters? Yes
25. Please upload your agency's logo here.
*If you have any issues uploading your logo, please email it to [email protected] City Logo Color no border.png
26. Do you plan on hosting any in-person registration days or offering registration assistance in your office? Yes
27. Which will you offer?
Ongoing support in our office
28. Please provide details for ongoing registration support in your office.
Example:
Monday - Friday
9:00 - 5:00 PM
April 1 - May 31
Antioch Park & Recreation Office
123 Main Street, Antioch
Note: While we can keep online registration open throughout the season, we recommend ending in-person registration by May 31 so families are motivated to sign up sooner.
Days of the week : Monday-Friday
Start time (include AM/PM) : 8am
End time (include AM/PM) : 5pm
Start date (no earlier than April 1) : April 1
End date (no later than May 31) : may 31
Location name : Reedley Community Center
Address : 100 N. East Ave
City : Reedley
5. 2025 Junior Giants League Agreement
Junior Giants, the flagship program of the Giants Community Fund, is a free, noncompetitive and coed baseball/softball & youth development program for boys and girls ages 5-18 years old.
Junior Giants leagues are hosted by youth-serving organizations that exist separately from any association with the Junior Giants program (e.g., Park and Recreation Districts, Police Activities Leagues, YMCAs, Boys and Girls Clubs, etc.).
This Agreement is entered into by and between the Giants Community Fund ("GCF") and City of Reedley ("the Organization"), which is hosting the [Invalid question ID: "286".
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As a condition of participation in the Junior Giants program and hosting the League, the Organization agrees to the following terms:
(Please initial each item. If you have any questions or issues with specific items, please write them in the comments section.)
29. 2025 Season Schedule
The Organization shall ensure that its Junior Giants season will be 8 weeks in duration (including practices) and follow the Junior Giants Season & Program Schedule below:
Week of June 9:Week 1: Introduction to Junior Giants(practices only or 1 game and 1 practice for each team) Week of June 16:Week 2: Health (practices only or 1 game and 1 practice for each team) Week of June 23:Week 3: Strike Out Bullying (begin playing games if games have not already started.
Remainder of season should consist of 1 practice and 1 game each week for each team.) Week of June 30:Week 4: Education
Week of July 7: Week 5: Confidence
Week of July 14:Week 6: Teamwork
Week of July 21 :Week 7: Leadership
Week of July 28: Week 8: Integrity
Can you adhere to this schedule?
No, we cannot
30. When will you start your season?
Please note, if you start the season earlier than June 9, we can't guarantee that you will receive all supplies/materials in time.
Your league is still required to run for 8 weeks even if you start a week later.
Please use the comment box to explain why you need to start a week earlier or later.
Week of June 16 (1 week late)
Comments: we have another baseball season that will still be ongoing.
31. You will be required to host the following trainings before your practices begin:
(1) First Pitch Meeting
(1) Volunteer Meeting
(1) Coaches Clinic
Please initial below to indicate you are aware of the following responsibilities:
Organizing the logistics behind the scenes to coordinate Promoting the dates to your league in advance
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32. Commissioner/Agency Responsibilities
The Acting Commissioner of the League shall virtually attend (or watch the recordings of) the mandatory Commissioners Clubhouse Chats hosted the last Wednesday of each month.
The Acting Commissioner of the League shall attend the mandatoryCommissioners Camp in February.
The Commissioner(s) shall meet with Giants Community Fund staff for annualeague meetings and other meetings as needed.
The Organization will provide secure, year-round storage for all equipment provided by the Giants Community Fund with the exception of equipment that is no longer safe to use.
The Organization will not use the equipment/supplies provided for other programs/leagues (with the exception of rewards from previous seasons).
The Organization will run the program according to the Junior GiantsCode of Ethics.
The Organization will be responsible for the day to day operation of the league, including:
Promoting registration for players and volunteers
Booking fields for practices and games
Creating rosters and schedules
Storing supplies, distributing supplies at the beginning of the season, collecting supplies at the end of the season and completing a postseason inventory survey
Communicating with participants before, during and after the season Creating a heat plan/bad weather plan and communicating it with participants Running practices and games day-of
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33. AmeriCorps Ambassador
The Giants Community Fund will do everything in its power to find at least one Ambassador for every league, but an Ambassador is not guaranteed. Leagues are responsible for assisting the GCF in Ambassador recruitment.
The Commissioner(s) will make contact with the Ambassador within 2 business days of being connected via email and will schedule a sit-down meeting (in-person or via Zoom) within 1 week.
The Ambassador & Commissioner(s) will complete the Roles & Responsibilities checklist within 2 weeks of the Ambassador's term start date.
The Organization will make sure at least (1) staff member who is knowledgeable about the Junior Giants program is at the field with the Ambassador during the entirety of practice and game days.
The Commissioner(s} will conduct an exit interview with the Ambassador before their final day of service. tc
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34. Nondiscrimination
The Organization will refrain from discriminating on the basis of race, color, creed, national origin, gender, gender identity and expression, sexual orientation, disability, and military status in any of its activities or operations. The Organization shall foster an inclusive and welcoming environment for all players, coaches, volunteers, and families. The Organization shall provide equal opportunities for both females and males to play and coach.
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35. Online Registration
The organization shall:
Conduct all player, coach, and team parent registration through GCF's online sports management system, LeagueApps*.
Not accept any other form of registration (i.e. paper registration}.
Require each participants' parent(s)/guardian(s} to sign a Player Waiver & each volunteer to sign the Coach Waiver upon registration through LeagueApps prior to any participation in Junior Giants. *Specific platform subject to change
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36. Background Checks
The Organization will take all precautions to protect the safety of all participants in the League, including, without limitation, screening all adults who will interact with child participants in the league. The Organization will require all coaches, other volunteers affiliated with the Junior Giants program and all other adults who have contact with players to complete a background check through GCF's online sports management system, LeagueApps, prior to working with any youth (the LeagueApps background check is through Yardstik). If any coach, volunteer or other adult does not complete a background check or clear a background check, such person will not be permitted to be associated with the Junior Giants program or otherwise serve as a coach or volunteer.
Under no circumstances, may a person begin volunteering for the League until he/she has passed the LeagueApps background check.
The Organization shall not permit any adult to participate in any manner with the League if such adult's background check reveals: (i) a conviction for any crime involving or against a minor; (ii) a conviction for any violent crime; (iii) a conviction for Driving While Intoxicated if the person's services to the league would include driving; and/or (iv) the person is listed in a Sexual Offenders registry. Moreover, the League may prohibit any adult from participating in the League in any capacity if the background check reveals any information which the Head of the League determines could lead to a safety riskfor the League.
All League teams shall have a background-checked adult of each gender over the age of 21 present at all times. At no time during any League activity should any adult, over 18 years of age, be alone with any member of the team, without another adult of the opposite gender present, except for his/her own child.
The Organization shall handle the results of all background checks with confidentiality and respect. Only the Commissioner of the League and his/her designees with a need to know may be informed of the results of the background checks.
The GCF may immediately suspend or terminate the league's affiliation in the Junior Giants program for failure to comply with the Background Check requirements described in this section.
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37. Volunteer Shirts/Supplies
The Organization will not pass out any supplies to volunteers before they have cleared their background check.
This includes, but is not limited to, a volunteer shirt, incentives, baseball/softball equipment, etc.
The Organization will ensure that volunteers wear their volunteer shirt at every game, practice and Junior Giants event to signify to parents at the field that they have passed their background check. tc
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6. AmeriCorps Host Site Agreement
Article 1: The Giants Community Fund Roles and Responsibilities The following are the roles and responsibilities agreed to by the Giants Community Fund. Please read through them carefully. They are for your reference only.
As the legal grantee of California Volunteers, the Giants Community Fund will:
1. Meet the AmeriCorps goals as set by the grantor (California Volunteers)* 100% enrollment rate for AmeriCorps Ambassador slots
85% retention rate for enrolled AmeriCorps Ambassadors
Meet Performance Measure targets as outlined in the AmeriCorps grant.
2. Employ a Junior Giants AmeriCorps Manager, and Regional Coordinators/Manager to oversee the program and assist Host Site representatives and AmeriCorps Ambassadors throughout the program year. The GCF Coordinators/Managers will be the representative of Junior Giants AmeriCorps Program with respect to all references to Junior Giants AmeriCorps Program herein, unless otherwise specified).
The GCF Coordinators/Managers will:
Lead and manage recruitment of AmeriCorps Ambassadors for placement at Host Sites; Plan and conduct AmeriCorps Ambassador calls and meetings weekly, and provide mentoring and coaching for AmeriCorps Ambassadors as needed;
Coordinate all AmeriCorps trainings as required by the grant and publish a training schedule for the year; Ensure that AmeriCorps Ambassadors are spending no more than 20% of their time on training activities; Schedule one check-in call with each commissioner per season; Be responsible for all grant reporting including tracking timesheets, submitting Progress Reports and all other programmatic reporting required by California Volunteers and AmeriCorps; Be responsible for management of AmeriCorps Ambassadors, as it relates to the overall Junior Giants AmeriCorps Program, maintain AmeriCorps Ambassadors' files as required by the grant and oversee any disciplinary actions that may be necessary;
Be a liaison for Host Sites regarding any AmeriCorps issues and provide training on all aspects of Host Site responsibilities;
Other support as needed, if justifiable as a reasonable cost pursuant to the AmeriCorps grant.
3. Provide a Financial staff member (other than the Junior Giants AmeriCorps Manager) to manage the fiscal aspects of the AmeriCorps grant. These aspects include:
Payment of AmeriCorps Ambassadors' living allowances upon receipt of timesheets that are approved/signed by the AmeriCorps Ambassador and Regional Coordinators/Manager; Initial registration and maintenance of worker's compensation and other grant required benefits; Submit quarterly Budget Reports and all other fiscal reporting as required by the AmeriCorps grant.
4. Provide AmeriCorps Gear for all AmeriCorps Ambassadors.
5. Complete an annual site audit as required by 0MB Circular A-133.
Article II: Host Site Roles and Responsibilities
Please read through the following carefully and initial. If you have any questions or issues with specific items, please write them in the comments section.
38. The Host Site (League) will:
1. Assist Junior Giants AmeriCorps Program in meeting the program goals as set out by the Grantor (California Volunteers}: 100% enrollment of AmeriCorps Ambassador slots; 85% retention of enrolled AmeriCorps Ambassadors; meet performance targets as outlined in the AmeriCorps grant. · 2. Provide enough service opportunities for AmeriCorps Ambassador(s) to accumulate the minimum required service hours over the grant year.
3. Provide adequate resources to fulfill the individual goals and program objectives of the AmeriCorps Ambassadors, as well as the goals of the Giants Community Fund and AmeriCorps.
4. Identify a Site Supervisor (i.e. Commissioner) to provide direct supervision of the AmeriCorps Ambassador(s).
Attendance on monthly Commissioners Clubhouse Chats;
Participating in at least one League Meeting with the Regional Coordinators/Manager during the grant year; Providing site-specific training necessary for the AmeriCorps Ambassadors to successfully provide service that is above and beyond the training provided by Junior Giants AmeriCorps Program including, but not limited to, Host Site orientation for new AmeriCorps Ambassadors and introductions to Host Site staff and explanation of Host Site policies;
Providing supervision and assistance to AmeriCorps Ambassadors to assure that they are making adequate progress toward their individual and direct service and AmeriCorps Ambassador development objectives; Act as an informational relay between Giants Community Fund and the Host Site, and assuring that AmeriCorps Ambassadors in violation of the terms of their Member Service Agreement are disciplined in a manner consistent with that agreement. All disciplinary actions (verbal or written) must be handled in conjunction with the Regional Coordinator/Manager, documented, with the documentation to be kept in the AmeriCorps Ambassador's file with the Giants Community Fund. All disciplinary actions MUST involve the GCF Coordinator/Manager. Host Sites cannot terminate AmeriCorps Ambassadors for any reason.
5. The Site Supervisor and the Host Site are responsible for direct supervision of the AmeriCorps Ambassador(s) during their service hours on site. The host site is responsible for ensuring that the AmeriCorps Ambassador(s) participate in safe, productive and appropriate activities that will insure no undue harm comes to the AmeriCorps Ambassador(s) or host site clients and staff.
6. Permit AmeriCorps Ambassadors to attend all training sessions required by the Giants Community Fund, including but not limited to weekly calls with Giants Community Fund staff. Permit AmeriCorps Ambassadors to attend other Sub Grantee/Organization meetings as necessary.
7. Ensure that AmeriCorps Ambassadors will not engage or participate in any of the following prohibited activities:
Attempting to influence legislation;
Organizing or engaging in protests, petitions, boycotts, or strikes; Assisting, promoting or deterring union organizing;
Impairing existing contracts for services or collective bargaining agreements; Engaging in partisan political activities or other activities designed to influence the outcome of an election to any public office;
Participating in, or endorsing events or activities that are likely to include advocacy for or against political parties, political candidates, political platforms, proposed legislation, or elected officials; Engaging in religious instruction; conducting worship services; providing instruction as part of a program that includes mandatory religious instruction or worship; constructing or operating facilities devoted to religious instruction or worship; maintaining facilities primarily or inherently devoted to religious instruction or worship; or engaging in any form of religious proselytizing;
Providing a direct benefit to a for-profit entity, a labor union, a partisan political organization, an organization engaged in the religious activities described in the preceding sub-clause unless Grant funds are not used to support the religious activities, or a non-profit that engages in lobbying, a non-profit entity that fails to comply with the restrictions contained in section 501(c)(3) of U.S. Code Title 26; Voter registration drives by AmeriCorps Ambassadors is an unacceptable service activity. In addition, Corporation funds may not be used to conduct a voter registration drive; Other activities as the Corporation determines will be prohibited, upon notice to Sub Grantee/Organization AmeriCorps Program.
8. Ensure that AmeriCorps Ambassadors are not assigned to activities that would result in displacement for a paid worker, or that would normally be done by a paid worker.
9. Ensure that AmeriCorps Ambassadors are provided with meaningful service opportunities and if there are administrative or clerical activities assigned, they are directly related to the AmeriCorps Ambassadors direct service activities as described in the position description (i.e. data collection/entry, email communication, etc.).
10. The Host Site acknowledges its responsibility to ensure that AmeriCorps Ambassadors are not engaged in any activities that are outside the approved position description of the AmeriCorps Ambassador.
11. The Host Site acknowledges that AmeriCorps Ambassadors cannot transport clients or community members in their personal vehicles. Host Site will ensure that AmeriCorps Ambassadors do not drive agency vehicles or provide transportation to clients in their personal vehicles.
12. Ensure that AmeriCorps Ambassadors do not participate in the following fundraising activities:
Raising funds for his/her living allowance.
Raising funds for an organization's operating expenses or endowment.
Writing grant applications for AmeriCorps funding or for any other funding provided by the Corporation for National and Community Service.
Writing grant applications for funding provided by any other federal agencies.
13. If the Junior Giants AmeriCorps Program releases an AmeriCorps Ambassador from service for any reason the AmeriCorps position may remain vacant for the remainder of the term.
14. Ensure that AmeriCorps Ambassadors are treated as equal members of the staff and receive the appropriate respect.
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7. Use of Marks (Liability & Indemnification)
39. The GCF grants the League a non-exclusive, non-transferable limited license to use the trademarks, service marks and copyright rights belonging to the GCF (the "GCF/Junior Giants Marks") subject to the terms and conditions of this Agreement. The Organization will not alter the GCF/Junior Giants Marks in any manner, without the prior written approval of the GCF. The League acknowledges that it cannot associate the name of a local sponsor with the GCF/Junior Giants Marks without the prior written approval of the GCF. No approval will be granted where a local sponsor is in a category that is competitive to a Giants sponsor.
Prior to any publication, distribution or display by the Organization of any GCF/Junior Giants Marks other than for its intended usage, the Organization shall furnish a written proposal identifying such usage to the GCF for its prior written approval. The Organization must not publish, distribute or display any GCF/Junior Giants Marks without first receiving written approval from the GCF. Following receipt of the GCF's approval, the Organization must not alter the GCF/Junior Giants Marks. The Organization shall seek GCF's prior written authorization in the event it desires to use the GCF/Junior Giants Marks other than as provided herein.
The Organization shall not use the GCF/Junior Giants Marks in any way that: (a) advertises, promotes, expresses or implies endorsement of any third party, cause, belief product or service by the GCF or the San Francisco Giants; (b) advertises, promotes or expresses endorsement or sponsorship of the league by any third party, product or service without the prior written approval of the GCF; or (c) reflects adversely on the reputation of the San Francisco Giants or the GCF. In addition, the Organization shall not, without the prior written permission of the GCF, use the GCF/Junior Giants Marks in connection with any event or in any manner other than in connection with the League.
With respect to profiles, commentary, writings, photographs, images, logos, and audio or video files (collectively "Content") posted on social media outlets including, but not limited to, Facebook, lnstagram, Twitter, biogs, podcasts, message boards and websites (collectively "Social Media"), the Organization/League hereby agrees that it shall: {a) obtain prior written consent from the GCF before using the GCF/Junior Giants Marks on any Social Media outlet or linking to any website on any Social Media outlet; (b) refrain from displaying Content via Social Media that could be reasonably construed as an official GCF, Giants and/or Junior Giants communication; (c) refrain from posting any false or misleading Content on any Social Media outlet relating to the GCF, the Junior Giants program and/or the Giants; and {d) (i) accept any Facebook "Favorite Pages" request from the GCF; (ii) "Like" the GCF Organizational Page on Facebook; (iii) accept any GCF request to follow League's Twitter account; and {iv) accept any request from the GCF to connect to any other Social Media that represents the League.
The Organization hereby acknowledges the proprietary nature of the GCF/Junior Giants Marks and any other trademarks, service marks and copyright rights provided to the League by the GCF in connection with the GCF or the San Francisco Giants (collectively, "Giants Rights"). The League represents that it has not made and will not make any unauthorized use of the Giants Rights and agrees that during or after the term of this Agreement, it will make no such use of any Giants Rights, other than as provided in this Agreement, without the prior written consent of the GCF. Any use the Organization has made or will make of such Giants Rights has not conferred or will not confer any rights or benefits upon it whatsoever, and any rights created by such use shall inure to the benefit of the GCF and the Giants. The Organization further acknowledges that for purposes of this Paragraph, use shall include, but is not be limited to, trademark, fair, incidental, descriptive or functional uses.
The Organization must obtain all necessary licenses, consents or releases permitting it to use any third party proprietary material not furnished by the GCF including, but not limited to any: (a) name, likeness or voice of any individual (including, without limitation, Major League Baseball ("MLB") players, coaches, managers, broadcasters and announcers); (b) name, likeness or voice of any individual in the League, including players, coaches and managers; and (c) any copyright, trademark or other property or identifications other than the GCF/Junior Giants Marks. The Organization shall be solely responsible for determining which licenses, consents and releases must be obtained.
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8. Organization Shall Not Profit
40. Our organization acknowledges and agrees that the Giants Community Fund has no obligation to make any payment directly to our organization for any purpose.
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41. Our organization will not earn a financial profit from items provided by the Giants Community Fund. This includes, but is not limited to, Giants or Minor League affiliate tickets, giveaway items and incentives, and equipment.
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42. The Organization will not charge a fee for participants to play in the League, including any type of Organization membership fee. The Organization will not ask participants to fundraise in order to play in the League.
If a picture day is offered, there must be free options for players to receive their photo (players must receive a free printed photo or photos must be available for download at no charge). tc
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9. Insurance
43. MLB INSURANCE REQUIREMENTS
Organization must secure and continuously maintain, at its own expense, the following coverage:
1. Workers' Compensation Insurance in compliance with state or provincial laws, covering employees, volunteers, temporary workers and leased workers, including Employers' Liability with minimum limits of:
$1,000,000 Each Accident;
$1,000,000 Disease - Each Employee;
$1,000,000 Disease - Policy Limit.
2. An Insurance Services Office (or equivalent) occurrence based Commercial General Liability Insurance Policy, providing coverage for bodily injury and property damage and personal and advertising injury including but not limited to contractual liability, participant liability, products/completed operations liability and Abuse & Molestation coverage with minimum limits of:
$2,000,000 Each Occurrence;
$3,000,000 General Aggregate;
$1,000,000 Abuse & Molestation Aggregate;
$3,000,000 Products/Completed Operations Aggregate.
3. Automobile Liability Insurance, covering owned, non-owned, leased or hired automobiles, with a minimum combined single limit of $2,000,000 Each Accident.
The required limits may be satisfied through a combination of primary and follow form umbrella policies. All insurance policies must be issued by an admitted insurance carrier with an A.M. Best rating of A-8 or better.
Major League Baseball Youth Foundation, the Office of the Commissioner of Baseball, its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, LP., Major League Baseball Properties, Inc., The MLB Network, LLC, the Clubs of Major League Baseball, and each of their subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Major League Clubs or the Office of the Commissioner of Baseball, and its and their directors, officers and employees ("Additional Insureds") must be named as Additional Insureds under the Commercial General Liability and Commercial Automobile Liability and, if applicable, Umbrella Liability Policies. All liability insurance policies must provide cross liability coverage (separation of insureds or severability of interest provisions). Further, coverage for the Additional Insureds shall apply on a primary and non-contributory basis irrespective of any other insurance available to the Additional Insureds, whether collectible or not. The Commercial General Liability policy shall include no third-party-over action exclusions or similar endorsements or limitations. Provided coverage remains commercially available and economically feasible as deemed by MLB, the Commercial General Liability & Umbrella Liability policies shall include no exclusions for Communicable Disease, or other related or similar illnesses or conditions, concussions, CTE or similar or related brain trauma or injuries. No policy shall contain a self-insured retention. No policy shall contain a deductible in excess of $25,000 and any/all deductibles shall be the sole responsibility of the Organization and shall not apply to the Additional Insureds. All policies shall be endorsed to provide a waiver of subrogation in favor of the Additional Insureds. All policies shall be endorsed to provide that in the event of cancellation, non-renewal or material modification MLB shall receive at least thirty (30) days written notice thereof. Organization shall furnish MLB with certificates of insurance evidencing compliance with all insurance provisions noted above prior to the commencement of the Term and annually at least ten (10) days prior to the expiration of each required insurance policy. Organization shall provide MLB with copies of its insurance policies and/or endorsements upon request. If any of the required policies are written on a claims made basis, Organization shall maintain such coverage for a period of three (3) years after termination of the Agreement and provide evidence of such coverage on an annual basis during the three (3) year period.
The insurance requirements set forth will in no way modify, reduce, or limit the indemnification obligations required herein by Organization. Any actions, errors or omissions that may invalidate coverage for Organization shall not invalidate or prohibit coverage available to the Additional Insureds. Receipt by MLB of a certificate of insurance, endorsement or policy of insurance which is more restrictive than the contracted for insurance shall not be construed as a waiver or modification of the insurance requirements above or an implied agreement to modify same, nor is any verbal agreement to modify same permissible or binding.
To the extent any U.S. military sites are self-insured they will be exempt from this requirement upon submission of evidence of such self-insurance.
*Note: Specific numbers are based on 2024 minimums from MLB's RBI program and are subject to change. tc
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10. Term of Agreement: Right to Discontinue
44. Unless earlier terminated and/or discontinued in accordance with this paragraph, this Agreement shall be in effect until December 31, 2025. The GCF reserves the right to discontinue the Junior Giants program or any aspect of the program or require that the Organization disassociate itself from Junior Giants and the GCF at any time and for any reason. In addition, the GCF may suspend or discontinue the program in its entirety at any time for any reason.
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11. Review
If you have any edits, click the "Back" button below-- don't click your browser's back button.
12. Signature
45. The foregoing terms accurately set forth the terms of our understanding and agreement.
AGREED AND ACCEPTED BY:
First Name : Nicole R
Last Name : Zieba
Organization : City of Reedley
Title : City Manager
Date : 09/24/24
46. Please use your mouse to sign in the box below.
Signature of: Nicole R. Zieba
13. Thank You!
Thank you for your time and consideration in completing this League Agreement. You will be emailed a copy of this agreement. If you do not receive an email with a copy of this agreement, please contact us and we will send you a copy.
If you have any questions or concerns, please contact your GCF contact as soon as possible.
DATE:
TITLE:
SUBMITTED:
REVIEWED:
APPROVED:
REEDLEY CITY COUNCIL
November 12, 2024
[8J Consent
D Regular Item
D Workshop
D ClosedSession
D Public Hearing
ITEM NO: (o ----
APPROVE AND AUTHORIZE CITY MANAGER TO RENEW THE ANNUAL
SERVICES AGREEMENT WITH DAVID WELLHOUSE & ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED $4,500 FOR PREPARATION AND FILING OF CLAIMS FOR STATE MANDATED COST (SB 90) REIMBURSEMENT
Amar
Paul A.
Bains,
Melikian,
Accountant
Assistant City
~
Mana r ~
Nicole R. Zieba, City Manager
RECOMMENDATION
Request Council approval of the attached consulting agreement with David Wellhouse & Associates, Inc. in an amount not to exceed $4,500 for preparation and filing of claims for State mandated cost reimbursements for fiscal year 2023-24.
EXECUTIVE SUMMARY
State law (SB 90) provides for reimbursement of costs incurred by local agencies for various Statemandated laws and requirements, such as procedures related to Domestic Violence Arrests & Victim Assistance and Rape Victims Counseling Center Notices once approved by the Commission on State Mandates as a reimbursable mandate. The remainder of State mandated services that claims will be filed for are detailed in the attached consulting agreement; however, the majority of claims historically submitted by the City have been for mandates under the purview of the Police Department.
The City has historically paid $4,500 to David Wellhouse & Associates for the preparation and filing of SB 90 reimbursement claims on the City's behalf. Claims totaling $72,476 were filed last fiscal year. The latest State budget appropriated $132,227,000 for payment of mandates filed through 2023-24, which is 20% less than the amount appropriated last year. All claims which were submitted for reimbursement last year are again reimbursable this year.
FISCAL IMPACT
The City has historically paid $4,500 for the consultant to prepare and file the annual claims. This amount is paid annually from an offset of prior year SB 90 claims revenue received this fiscal year. Typically, reimbursement revenue from prior year claims is more than sufficient to cover the cost of filing current year claims, resulting in net additional revenue to the General Fund. As an example, last fiscal year (2023-24), the City received $53,712 in reimbursements and paid $4,500 to file new claims, for a net benefit to the General Fund of $49,212. No new appropriations are needed for this Agreement.
The total amount of prior year claims the State owes the City is $509,173 not including the value of the 2023-24 claims that will be filed this year.
ATTACHMENT
Proposal & Consulting Agreement
Mr. Paul Melikian
Assistant City Manager
City of Reedley
845 'G' Street
Reedley, California 93654
• D avid Wellhouse ... and Associates, Inc.
September 27, 2024
Re: Proposal For February 2025 Annual State Mandated Cost Claiming Services (SB90) Dear Mr. Melikian:
The State Controller's Office has just released the updated claiming instructions for the February 2025 claims. All mandates from last year are eligible for reimbursable again this year. The Racial and Identity Profiling (RIP A) mandate, which started in the previous claiming cycle, will also be available for filing this year. The state budget has allocated $132,227,000 for the reimbursement of mandated claims incurred during the 2023/2024 fiscal year.
Last year, the State Controller's Office changed its process for accepting new claims. For the past 30 years, we have either delivered in person or mailed them. However, last February, we submitted claims using the Data Exchange Portal. This method provided irnrnediate confirmation of the receipt of claims and has proven to be an efficient way to handle mandated claims.
There are a few new mandates on the horizon, particularly one that will soon be reviewed by the Cornrnission on State Mandates. The new mandate sterns from AB 732 and requires local law enforcement agencies to access the DOJ' s electronic portal to check on individuals in their jursidiction who are listed in the Armed Prohibited Person System (APPS) and have not provided proof of relinquishment of firearms registered in their name. Each local law enforcement agency must designate a person to access or receive the information and shall report quarterly to the DOJ on the steps taken to verify that the individuals are no longer in possession of firearms. As this new mandate goes through the approval process, I will keep in touch with the City to provide updates regarding claiming for this new mandate. 3609 Bradshaw Road, Suite H-382 ° Sacramento, California 95827 (916) 797-4883 ° FA,"C (916) 797-4887
This year's state budget continues to suspend the mandates previously suspended in other budget years.
This includes California Public Records Act (CPRA) along with Absentee Ballots, Mandate Reimbursement, and Local Recreational Areas: Background Screenings, as well as the following mandates in the Police and Fire Departments. All other mandates filed last year_ are still available to file for this claiming period.
Police Department
Animal Adoption - Chapter 752, Statutes of 1998
Identity Theft - Chapter 956, Statutes of 2000
DNA Database - Chapter 467, Statutes of 2001
False Reports of Police Misconduct - Chapter 590, Statutes of 1995 AIDS/Search Warrant, - Chapter 1088, Statutes of 1988
Photographic Record of Evidence - Chapter 875, Statutes of 1985 Stolen Vehicle Notification - Chapter 3 3 7, Statutes of 1990 Sex Offenders: Disclosure by Law Enforcement Officers (Megan's Law) Chapter 485, Statutes of 1998 Law Enforcement Sexual Harassment Training - Chapter 126, Statutes of 1993 Elder Abuse Law Enforcement Training - Chapter 444, Statutes of 1997 Sex Crime Confidentiality - Chapter 36, Statues of 1994 Fire Department
Fire Safety Inspections of Care Facilities - Chapter 993, Statutes of 1989 SIDS Training for Firefighters - Chapter 1111, Statutes of 1989 Commission Set Aside Programs
The Commission set aside Parameters and Guidelines for the following programs:
Investment Reports - Chapter 783, Statutes of 1995
Misdemeanors: Booking & Fingerprinting - Chapter 1105, Statutes of 1992 Regional Housing Needs
Two-way Traffic Signal Communication
Due to the suspension of the above mandates in the State Budget Act, they are not funded for the 2022/2023 or 2023/2024 fiscal years. Therefore, the City is no longer required to follow the requirements of the mandates listed above. This is due to Government Code Section 175 81 which states that the Legislature may put a O (zero) appropriation in the State Budget for a recognized state mandated program. When this occurs, it makes that statute suspended and optional to the City for that fiscal year. The programs above, which were set aside by the Commission, are also no longer reimbursable.
Costs of Services
David Wellhouse & Associates, Inc. will prepare and file the City of Reedley's February 2025 claims.
These claims are for fiscal years 2023/2024 actual claims for a fixed fee of$ 4,500.00. Our fee for the preparation and filing of the City's February 2025 claims includes all time and expenses necessary to prepare and file the City's claims. This fixed fee is due upon the submission of claims to the State Controller's Office on or before February 18, 2025.
As in years past, I look forward to working with you and City staff. With the possibility of new City staff, there always will be questions. Should anyone have questions, please have them contact me by telephone or e-mail, even if they feel it is a small issue, I can help explain the details of the process and make their data collection much easier.
Enclosed, please find two copies of the proposed Agreement for the preparation of the City's claims. Please sign both copies and return one copy of the Agreement by November 15, 2024. Please keep the second copy for your files.
Should you have any questions, please contact me at (916) 797-4883. Thank you for your past support and consideration of this proposal.
S,,ly, , l ,
Id ' I j I j;PIIJi_){/fellJUlkXRenee M. W ellhouse
President
Enclosures:
AGREEMENT BETWEEN THE CITY OF REEDLEY AND DAVID WELLHOUSE & ASSOCIATES, INC. FOR PREPARATION AND FILING OF CLAIMS FOR STATE
MANDATED COST REIMBURSEMENT
This agreement by and between the CITY OF REEDLEY, a municipality of the State of California, hereinafter referred to as "CITY", and DAVID WELLHOUSE & ASSOCIATES, INC., a California corporation, hereinafter referred to as "CONSULTANT".
Whereas, CITY desires to engage the services of a consultant to prepare and file claims for State Mandated Cost Reimbursement, and CONSUL TANT has been selected to perform said services, now, therefore, it is agreed by CITY and CONSULTANT as follows:
1. Claims To Be Filed. CONSUL TANT shall prepare and file with the State Controller's Office on behalf of CITY, the following state mandated cost (SB 90) claims during the 2023-2024 fiscal year.
A. February 2025 Annual Claims for fiscal year 2023-2024 claims to be prepared and filed on or before February 18, 2025 as required by the State Controller's Claiming Instructions.
Racial and Identity Profiling - Chapter 466, Statutes of 2017 Juveniles: Custodial Interrogation - Chapter 335, Statutes of 2020 Vote by Mail Ballots: Prepaid Postage - Chapter 120 (AB216), Statutes of 2018 Peace Officer Training: Mental Health/Crisis Intervention - Chapter 469, Statutes of 2015
U Visa 918 Form, Victims of Crime: Nonimmigrant Status - Chapter 721, Statutes of 2015
Local Agency Employee Organizations: Impasse Procedures II - Chapter 314, Statutes of 2012
Domestic Violence Arrests & Victim Assistance -Chapter 698 & 702, Statutes of 1998 Rape Victims Counseling Center Notices - Chapter 999, Statutes of 1991 Domestic Violence Arrest Policies and Standards - Chapter 246, Statutes of 1995.
Threats Against Police Officers - Chapter 1249, Statutes of 1992 Health Benefits for Survivors of Peace Officers and Firefighters - Chapter 1120/96 Peace Officer Procedural Bill of Rights - Chapter 465, Statutes of 1976 Administrative License Suspension - Chapter 1460, Statutes of 1989 Peace Officer Personnel Records - Chapter 7 41, Statutes of 1994 Peace Officer Procedural Bill of Rights II - Chapter 170, Statutes of 2002 Local Government Employee Relations - Chapter 901, Statutes of 2000 Crime Victim's Domestic Violence Incident Reports - Chapter 1022, Statutes of 1999 Pesticide Use Reports - Chapter 1200, Statutes of 1989
State Authorized Risk Assessment Tool for Sex Offenders - Chapter 336, Statutes of 2006
Tuberculosis Control - Chapter 1763, Statutes of 2002
CITY acknowledges that CONSUL TANT does not warrant that claims will be filed for all of the mandates listed in Section 1. CONSUL TANT shall only prepare and file claims for those mandates listed in Section 1 in which the CITY has reimbursable costs.
The claims and services described in this Section 1 shall hereinafter be referred to as "PROJECT".
CONSUL TANT hereby designates Renee Wellhouse, or other delegated representative, to be sole contact and agent in all consultations with CITY during the performance of services as stated in PROJECT. ·
2. Time For Performance. CONSUL TANT shall file all claims in accordance with the State Controller's claim filing deadline contained in the applicable State Controller Claiming Instructions.
3. Compensation.
A. CITY agrees to pay CONSUL TANT a fixed fee in the amount of $4,500.00 for services provided under Section 1A. of PROJECT, upon receipt of CONSULTANT'S invoice, after submission of claims as required by the State Controller's Claiming Instructions.
4. Method Of Payment. CITY agrees to pay said fixed fees for services provided under Section 1 A of PROJECT upon receipt of CONSULTANT'S invoice, after submission of claims as required by the State Controller's Claiming Instructions. City further agrees to pay CONSULTANT'S invoice within 15 days of receipt.
5. City Assistance. CITY shall assign a staff coordinator to work directly with CONSUL TANT in the performance of this agreement. CITY shall provide CONSUL TANT with requested information in a timely manner, pursuant to PROJECT. CITY represents and warrants that all financial documents and other information provided are accurate and correct.
CONSUL TANT shall not be liable for claims that are not filed or incorrectly filed due to inaccurate or untimely data.
6. Disposition Of Documents. CONSUL TANT shall furnish to CITY copies of all claims filed with the State within 30 days after filing. CONSUL TANT shall, upon written request, make copies of work papers available to CITY. CITY acknowledges that all such work papers are the property of CONSULTANT, and may not be disclosed to any third party, provided however that such workpapers may be disclosed to appropriate governmental authorities for audit purposes. CONSUL TANT shall be entitled to retain copies of all data prepared.
7. Not Obligated To Third Parties. CITY shall not be obligated or liable hereunder to any party other than CONSUL TANT.
8. Insurance. CONSULTANT shall carry, maintain and keep in full force and effect, a policy of comprehensive general liability and automotive liability insurance in an amount not less than $1,000,000 aggregate applying to bodily injury, personal injury, and property damage.
9. Independent Contractor. CONSULTANT is, and shall be, acting at all times in the performance of this agreement as an independent contractor. CONSUL TANT shall secure at its expense, and be responsible for, any and all payments of taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSUL TANT and its officers, agents and employees.
10. Consultant Assistance If Audited. Upon notice of audit, CONSUL TANT shall make available to CITY and state auditors claim file information, and provide assistance to CITY in defending claims submitted.
11. Consultant Liability If Audited. All work required hereunder shall be performed in a good and workmanlike manner. Any disallowance of claims by the State Controller's Office or other state agencies is the responsibility of CITY.
12. Indirect Costs. CONSUL TANT shall make every effort to prepare departmental Indirect Cost Rate Proposals for claims submitted, provided CITY financial information and departmental costs support such rates. CONSULTANT may utilize the ten percent (10%) indirect cost rate allowed by the State Controller if financial information and departmental costs do not support a higher rate.
13. Termination Of Agreement. CITY may terminate CONSULTANT'S services hereunder with cause, whether or not services under PROJECT are fully complete. CITY shall do so by giving written notice to CONSUL TANT, specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination.
14. Return of Signed Agreement. CONSUL TANT shall be under no obligation to prepare and file claims unless the executed Agreement is received by mail or e-mail of the City's intention to continue our services and received by CONSULTANT by November 15, 2024.
CONSUL TANT may extend this deadline on a case by case basis.
15. Entirety. The foregoing set forth the entire Agreement between the parties.
CONSUL TANT:
DAVID WELLHOUSE & ASSOCIATES, INC.,
a California Corporation
Renee M. Wellhouse
President
CITY:
CITY OF REEDLEY,
a municipality of the State of California
By:
Name:
Title:
Phone: ------------
Date: September 27, 2024
Date:
REEDLEY CITY COUNCIL
DATE: November 12, 2024
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 7 ----
TITLE: ADOPT ORDINANCE NO. 2024-009, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY AMENDING CHAPTER 4 OF TITLE 9 OF THE
REEDLEY MUNICIPAL CODE CONCERNING BUILDING REGULATIONS OF
LIGHTING FIXTURES
SUBMITTED: Rodney L. Horton l(l_J/ Community Development Director V APPROVED: Nicole R. Zieba
City Manager
RECOMMENDATION
Staff recommends that the City Council hold the Second Reading and Adopt Ordinance No. 2024- 009, an Ordinance of the City Council of the City of Reedley amending Chapter 4 of Title 9 of the Reedley Municipal Code concerning building regulations of lighting fixtures.
BACKGROUND
Ordinance No. 2024-009 amends Section 9-4-4-E to clarify performance standards for outdoor lighting on all structures. Currently, the zoning code limits the regulation of outdoor lighting to new construction. Additionally, the property maintenance standards provides for standards on security lighting of vacant property. Staff discovered that the property maintenance standards for outdoor lighting on occupied buildings is limited to operating in a safe manner and being maintained in a good working condition.
The first recommended change to the property maintenance standards require outdoor lighting fixtures be directed downward or toward onsite structures. This change is recommended to help prevent glare and or light to trespass onto adjacent properties. The second recommended change is to prohibit lighting fixtures from being operated in a manner to pose a safety threat to the general public.
FISCAL IMPACT
There is no negative fiscal impact to the City.
ATTACHMENTS
1. Ordinance 2024-009
ORDINANCE NO. 2024-009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY AMENDING CHAPTER 4 OF TITLE 9 OF THE REEDLEY MUNICIPAL CODE
CONCERNING BUILDING REGULATIONS OF LIGHTING FIXTURES
The City Council of the City of Reedley does hereby ordain as follows:
SECTION 1. Section 9-4-4(E) of the Reedley Municipal Code is hereby amended to read as follows:
9-4-4: REAL PROPERTY MAINTENANCE STANDARDS AND
UNLAWFUL CONDITIONS:
E. Lighting. All exterior light fixtures shall be maintained in good working order free of broken lamps, lenses, and light bulbs. Furthermore, the structural integrity of all supporting poles and mounting fixtures shall be maintained. All insulation and connections shall be intact and free of exposed wire.
Outdoor lighting fixtures shall be directed downward or toward onsite structures, fully shielded, and maintained in order to prevent glare, light trespass, and light pollution and away from adjoining properties and public rights-of-way, so that no light fixture directly illuminates an area outside of the property it is installed on. Lighting fixtures operated in a manner as to constitute a hazard or danger to persons or to obstruct pedestrian and vehicular travel shall be prohibited.
SECTION 2. If any section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The council hereby declares that it would have passed this chapter and adopted this chapter and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 3. This Ordinance shall take effect thirty (30) days from the date of its adoption.
SECTION 4. The City Clerk is directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Reedley, within fifteen (15) days after its adoption. If a summary of the ordinance is published, the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney.
I I I
Ill
ATTEST:
I hereby certify that the foregoing Ordinance No. 2024-009 was introduced and given first reading at a regular meeting of the City Council of the City of Reedley held on October 22, 2024, and was thereafter duly adopted at a regular meeting of said City Council held on November 12, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
· Ruthie Greenwood, City Clerk
City of Reedley
19 10\0 l \POLl4860-7662-6160 v.2
Anita Betancourt, Mayor
City of Reedley
DATE:
TITLE:
November 12, 2024
REEDLEY CITY COUNCIL
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 6 ----
ADOPTION OF ORDINANCE NO. 2024-010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY AMENDING SECTION 1-5-9 OF CHAPTER 5, OF TITLE 1 OF THE REEDLEY MUNICIPAL CODE
INCREASING COMPENSATION FOR COUNCIL MEMBERS PURSUANT TO GOVERNMENT CODE SECTION 36516
APPROVED: Nicole R. Zieba /AA /
City Manager v 7
RECOMMENDATION
That the City Council adopt Ordinance No. 2024-010, an Ordinance of the City Council of the City of Reedley amending Section 1-5-9 of Chapter 5 of Title 1 of the Reedley Municipal Code increasing City Council salaries in accordance with Government Code Section 36516. This Ordinance was introduced at the regular City Council meeting of October 22, 2024.
BACKGROUND
City Council stipends are established in the Reedley Municipal Code Section 1-5-9. The last time this Code was amended was in 1989. At that time, the stipend for Council was set at $150 per month.
State law governs the maximum amounts that can be set for cities, based on population. The last time that law was amended was 1984. In recognition of the inflation that has occurred from 1984 to present, Governor Newsom recently signed into law SB 329, which amends Section 36516 of the State Government Code, increasing the cap for City Council stipends, based on size of population. The new caps are as follows:
• Up to $950 per month for cities up to and including 35,000 in population. • Up to $1,275 per month for cities over 35,000 and up to and including 50,000 in population. • Up to $1,600 per month for cities over 50,000 and up to and including 75,000 in population. • Up to $1,900 per month for cities over 75,000 and up to and including 150,000 in population. • Up to $2,550 per month for cities over 150,000 and up to and including 250,000 in population. • Up to $3,200 per month for cities over 250,000 in population.
Staff surveyed surrounding cities and found that the City of Dinuba is currently undertaking this same process to reset their stipend from $300 per month to $500 per month. The City of Kingsburg has finalized their process to move their stipends from $250 per month for Council and $300 per month for Mayor to $700 per month for all City Council including the Mayor. Other cities surveyed include Parlier, which had a stipend of $795 per month that was lowered to $500 in 2023, and Sanger at $300 per month with a $400 per month car allowance.
According to the author of SB 329, the reset of stipend recognizes that serving on a City Council requires a significant investment of time and effort for the benefit of the community. Specifically, Senator Dodd wrote:
"City Counci/members have one of the hardest jobs in California government. They deal with a wide range of issues, from street maintenance to emergency response duties. And all too often, they do this job with very little financial compensation. No one runs for City Council in order to make money. But the low levels of pay make it much harder for them to balance their careers and personal obligations with the calling to serve their community. The Legislature has not raised the base pay amounts for City Councilmembers since 1984. It's time those amounts caught up to the present economic reality, especially with the rapid increase in inflation we've seen recently. Raising the pay will also make it easier for members of marginalized communities to serve. City Councils should be reflective of the communities they represent and I believe raising their compensation is an important step to achieving that equitable outcome."
The attached Ordinance would revise the Reedley Council stipend to $500 per month, beginning in January 2025. The City Council may decide upon a higher or lower amount, as long as it does not exceed $950 per month. The $500 recommendation from staff would put the Reedley Council stipend on par with the neighboring City of Dinuba, and is close to what the stipend would currently be if it had been adjusted annually for inflation since it was set in 1989.
The Ordinance was introduced at the regular Council; meeting of October 22, 2024. If adopted on November 12th , the Ordinance will be effective 30 days from its adoption. However, according to State law, the increase in stipend or compensation of Council can only take full effect upon the commencement of the term of Councilmembers elected at the next regular Council election.
FISCAL IMPACT
Increasing the Council stipend to $500 per month would impact the General Fund by an additional $22,606 annually (this includes the additional stipend with associated Medicare and Social Security taxes that are paid on these amounts). If adopted, a budget appropriation increasing City Council compensation accounts would be included in the mid-year budget review and subsequent annual budgets.
ATTACHMENTS
Ordinance No. 2024-010
ORDINANCE NO. 2024 - 010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY AMENDING SECTION 1-5-9 OF CHAPTER 5, OF TITLE 1 OF THE REEDLEY MUNICIPAL CODE
INCREASING COMPENSATION FOR COUNCIL MEMBERS PURSUANT TO GOVERNMENT CODE SECTION 36516
WHEREAS, Senate Bill 329, effective January 1, 2024, amended State Government Code section 36516 increasing the cap for council members' stipend based on population; and WHEREAS, compensation for Council members in the City of Reedley has not been adjusted since 1989.
BE IT ORDAINED by the Council of the City of Reedley as follows:
SECTION 1. Subdivision A of Section 1-5-9 is hereby amended to read as follows:
1-5-9: CITY COUNCIL COMPENSATION:
A. Monthly Compensation. Each member of the city council shall receive, as salary, the sum of Five Hundred Dollars ($500.00) per month, as prescribed in the Government Code 1
, which shall be payable at the same time and in the same manner as the salaries are paid to other officers and employees of the city. The council members may receive such benefits for retirement, health and welfare and federal social security to those received by other employees, as the city council may determine by resolution.
SECTION 2. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 3. The City Clerk is directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Reedley, within fifteen ( 15) days after its adoption. If a summary of the ordinance is published, the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney
Ill
Ill
Ill
1 Gov.C. § 36516.
ATTEST:
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Reedley on the 22nd day of October, 2024 and passed, adopted, and approved by the City Council of the City of Reedley on this 12th day of November, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Anita Betancourt, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
1910\01\POL\4855-3803-8512 v.2
2 DATE:
TITLE:
November 12, 2024
REEDLEY CITY COUNCIL
~ Consent Calendar
Lil Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: ----
ADOPT RESOLUTION 2024-067 OF THE CITY COUNCIL OF THE CITY OF
REEDLEY AUTHORIZING THE ADDITION OF ONE FULL-TIME HUMAN RESOURCES TECHNICIAN POSITION TO THE FISCAL YEAR 2024-25 ADOPTED
BUDGET TO SUPPORT ONGOING PAYROLL, COMPLIANCE, AND ADDITIONAL
EMPLOYEE RECRUITMENT & ONBOARDING ACTIVITIES
SUBMITTED: Paul A. Melikian, Assistant City Manager
APPROVED: Nicole R. Zieba, City Manager
RECOMMENDATION
That the City Council adopt the attached Resolution No. 2024-067 approving the addition of one full-time Human Resources Technician position to the fiscal year 2024-25 Adopted Budget to support ongoing payroll, compliance, additional recruitment & onboarding activities.
EXECUTIVE SUMMARY
The City's Human Resources (HR) office is comprised of two full-time positions that are supervised by the Assistant City Manager. Prior to 2018, HR was staffed by one full-time position and a shared position with the Finance Division. The addition of a second position in 2018 made it possible to have adequate coverage and backup for critical and highly specialized payroll and benefits administration activities.
Over the last 10 years, the number of employees in the City has grown from 255 in 2014, to 325 in 2023, an increase of 70 workers, or 27%. Most of the growth in workers has been in part-time positions funded by State dollars; however, HR is still tasked with recruitment and onboarding of these employees, payroll , protected leave, and day to day support issues that arise. Part-time positions generally have a significantly higher turnover rate, as many positions are filled by young adults that may only work for as little as a few weeks to a few months in a particular season. In each case of turnover, each position must be recruited for and filled, with new employees being onboarded and given all mandatory training, even when the actual employment may only last a short time. Turnover and vacancies in full-time positions throughout the City also remain elevated since 2020.
At the same time, the California legislature continues to introduce ever more onerous requirements on all public and private employers in the state, drawing precious staff time away from critical duties to accomplish 'check the box' compliance activities.
.
/
/
HR Recruiting Activities
The workload from recruitment and employee onboarding activities has grown significantly since 2018, with staff turnover in full-time positions accelerating post-pandemic. This development is widespread in the labor market. In 2020, HR conducted 20 separate recruitments for full and part-time positions. In 2021, this number doubled to 40 recruitments, increasing to 47 and 43 recruitments the following two years (2022 and 2023) respectively. Since January 2024, HR has conducted 37 recruitments, hiring more than 60 new employees into the organization, and is on pace to match or exceed recruitment activity seen over the last several years. Some recruitments for part-time jobs are for multiple positions, such as After School Enrichment Leaders, or Lifeguards; therefore, the number of new employees hired, onboarded, and trained every year is often more than double the number of posted recruitments. For example, during calendar year 2023, 43 posted individual recruitments resulted in the physical hiring of 96 new employees into the City organization.
As a result of this sustained increase in staff turnover, recruitment activity has grown from one of several assigned duties of the HR staff member (that was hired in 2018), to comprising over 90% of her job time.
Most remaining HR duties are performed by the second HR position.
HR Succession Planning
Also supporting this request is the need for proper succession planning in this critical function. One of the two existing HR staff is the City's longest tenured employee, who has announced that she will be retiring within the next 18-24 months. The magnitude of institutional knowledge and productivity of this employee will be difficult to replace and will take time. Should the Council approve this request the City would begin recruitment for the new position in early 2025, which would allow appropriate time for HR to train the new person in recruitment and onboarding activities, and allow the current employee performing those duties to extensively cross-train with the retiring employee.
BACKGROUND
The City's Human Resources (HR) function is responsible for payroll & timekeeping, protected leave, workers' compensation, benefits administration, training, and recruitment activities for 325 full and parttime employees as of 2023. Benefits administration activities include pension and deferred compensation plans, medical, dental, vision, life and long-term disability, employee assistance program, and several voluntary benefit programs such has supplemental medical, legal, and life insurance plans. HR staff also administer City personnel policies.
FISCAL IMPACT
The fully burdened annual cost of this position is approximately $87,505; however, the actual cost is highly dependent on the medical plan that the incumbent is covered under. The cost would be allocated to all City departments based on number of staff.
ATTACHMENTS
Resolution No. 2024-067
RESOLUTION NO. 2024-067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REEDLEY AUTHORIZING THE ADDITION OF ONE FULL-TIME
HUMAN RESOURCES TECHNICIAN POSITION TO THE FISCAL
YEAR 2024-25 ADOPTED BUDGET TO SUPPORT PAYROLL,
COMPLIANCE, AND ADDITIONAL EMPLOYEE RECRUITMENT &
ONBOARDING ACTIVITIES
WHEREAS, over the last ten years, the number of employees in the City organization has grown from 255 in 2014 to 325 in 2023, an increase of 70 workers, or 27%; and WHEREAS, these additional employees require support from Human Resources for timekeeping, payroll processing, benefits coordination, ongoing training, protected leave situations, and disciplinary issues; and
WHEREAS, in addition, external forces affecting the broader labor market have negatively impacted the City of Reedley with an increase in staff turnover, resulting in significantly more vacancies that require recruitments to fill full and part-time positions; and WHEREAS, time required for recruitment and employee onboarding activity has grown from one of several assigned duties of a full-time staff member, to a dedicated full-time job; and WHEREAS, a new full-time Human Resources Technician position is required to effectively handle this sustained workload increase from recruitment and onboarding activity; and WHEREAS, this position is also necessary to facilitate proper succession planning and cross training for continuity of Human Resources operations due to an upcoming retirement of a long tenured employee; and
WHEREAS, this full-time position will be funded through City department budgets proportionate to their specific level of staffing; and
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Reedley authorizes the addition of one full-time Human Resources Technician position to the Fiscal Year 2024-25 Adopted Budget.
This foregoing resolution is hereby adopted this 12th day of November, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Anita Betancourt, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
REEDLEY CITY COUNCIL
DATE: November 12, 2024
C8J Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: /0 ---
TITLE: ADOPT RESOLUTION 2024-083 DECLARING LISTED VEHICLES AND
EQUIPMENT AS SURPLUS
SUBMITTED: Heather Kredit, Senior Management Analystc(__, REVIEWED: Russ Robertson, Public Works DirectorJ/r
APPROVED: Nicole R. Zieba, City Manager vy:::
RECOMMENDATION
It is recommended that the City Council adopt Resolution 2024-083 declaring the vehicles and equipment listed below as surplus. City policy requires the Council to adopt a resolution identifying all equipment and vehicles valued at over $1,000 before it can be surplused.
EXECUTIVE SUMMARY
Staff is requesting that the following list of vehicles and equipment be declared as surplus:
Elgin Sweeper
VIN: 1 HTMPAFN65Hl24291
Year: 2004
Model: Crosswind 4200VT365
This 20-year-old unit is beyond its useful life and has been placed out of service to avoid costly repairs
Polaris
VIN: 1 FDWF36P66EA98375
Year: 2017
Model: RGN 500
This unit is being placed out of service to avoid costly repairs, needs new belts, needs valves adjusted, has transmission issues.
Chevrolet pickup
VIN: 1GCCS19X138246266
Year: 2003
Model: S-10
This 21-year-old unit is beyond its useful life and has been placed out of service to avoid costly repairs.
Chevy pickup
VIN: 1GCCS136168241637
Year: 2006
Model: Colorado
This 18-year-old unit is beyond its useful life and has been placed out of service to avoid costly repairs.
Chevy
VIN: 1 GBGC24R1XR717530
Year: 1999
Model: C2500
This 25-year-old unit is beyond its useful life and has been placed out of service to avoid costly repairs.
Kawasaki
VIN: JK1AFBC13YB512834
Year: 1999
Model: Mule
This 25-year-old unit is beyond its useful life and has been placed out of service.
Ford
VIN: 1 FMPU16L63LC31123
Year: 2003
Model: Expedition
This 21-year-old unit has reached the end of its functioning life. It has been placed out of service to avoid costly repairs.
Ford
VIN: 1FAHP2088DG136938
Year: 2013
Model: Taurus
This vehicle has reached the end of its functioning life. To avoid costly repairs, it has been placed out of service.
Carson
Year: 2015
VIN :4HXTD0819FC 173344
Model: USA Tow Trailer
This trailer is no longer in use
US Curtis
VIN:16X41/91-53723
Model: Manufacturing Compressor
This compressor has been out of service.
FISCAL IMPACT
Revenues generated from the sale of surplus property will revert back to the appropriate City Department funds.
ATTACHMENTS
Resolution 2024-083
RESOLUTION NO. 2024-083
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY
DECLARING THE FOLLOWING EQUIPMENT AND VEHICLES AS
SURPLUS
BE IT RESOLVED by the City Council of the City of Reedley as follows:
1. That the following City of Reedley vehicles and equipment are hereby declared as surplus:
• 2004 Elgin Crosswind 4200VT365 Sweeper: Unit M-388
VIN No. 1 HTMPAFN65Hl24291
• 2017 Polaris RGR 500: Unit U-403
VIN No. 3NSRMA505HE899403
• 2003 Chevrolet S-10: Unit 81
VIN No. 1 GCCS 19X 138246266
• 2006 Chevrolet Colorado: Unit 861
VIN No. 1GCCS136168241637
• 1999 Chevrolet C2500: Unit 827
VIN No. 1GBGC24R1XR717530
• 1999 Kawasaki Mule: Unit U-806
VIN No. JK1AFBC13YB512834
• 2003 Ford Expedition: Unit 683
VIN No. 1 FMPU16L63LC31123
• 2013 Ford Taurus: Unit 665
VIN No. 1FAHP2D88DG136938
• US Curtis Manufacturing Compressor: Unit CP-201
VIN No. 16X41/91-53723
• 2015 Carson Trailer Inc. USA - Tow Trailer: Unit T-901 VIN No. 4HXTD0819FC173344
2. That the Purchasing Manager, or designee, is hereby authorized to proceed with public surplus of these items to the best advantage for the City of Reedley.
I he toregoing resolution is hereby approved on November 12, 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Anita Betancourt, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
REEDLEY CITY COUNCIL
DATE: November 12, 2024
[;8J Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: _ / / _____ _
TITLE: ADOPT RESOLUTION 2024-084, CONFIRMING THE APPOINTMENT OF FORTINO GARZA Ill TO THE PUBLIC SAFETY SALES TAX CITIZENS
OVERSIGHT COMMITTEE, AS COUNCIL MEMBER TUTTLE'S
REPRESENTATIVE
SUBMITTED: Ruthie Greenwood, City Clerk ~ ~
APPROVED: Nicole R. Zieba, City Manager~
RECOMMENDATION
That the Reedley City Council adopt Resolution 2024-084, acknowledging Council Member Tuttle's selection in the appointment of Fortino Garza Ill to the Public Safety Sales Tax Citizens Oversight Committee, also known as the Measure "G" Oversight Committee as his Representative. Mr. Garza's term will coincide with Council Member Tuttle's term in office.
EXECUTIVE SUMMARY
Ordinance 2007-05 adopted by Reedley City Council on November 7, 2007 required the City Council to establish a five member Citizen Oversight Committee with the responsibility of annually reviewing expenditures and appropriations of tax revenues. Each Council Member is responsible for selecting and appointing a member of the community to serve on the Public Safety Sales Tax Citizens Oversight Committee for a term that coincides with his/her own. Rob Ledington, Council Member Tuttle's former representative notified staff that since he was selected for the Planning Commission he would no longer be eligible to be on the Measure G Committee. Council Member Tuttle is appointing Fortino Garza Ill as his representative.
FISCAL IMPACT
None.
ATTACHMENT
Resolution no. 2024-084
RESOLUTION NO. 2024-084
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY APPOINTING FORTINO GARZA Ill TO THE PUBLIC SAFETY SALES TAX CITIZEN'S OVERSIGHT
COMMITTEE
WHEREAS, the City Council of the City of Reedley has established a five member Citizen's Oversight Committee to annually review expenditures and appropriations of the tax revenues to ensure that all such revenues are spent or appropriated for the purposes and uses set forth in Ordinance No. 2007-05, Section 5-11- 12, paragraphs (A) and (C), in accordance with the allocation percentages set forth in paragraph (B). The Citizen's Oversight Committee is also authorized to make recommendations to the City Council regarding the allocation percentages set forth in paragraph (B); and
WHEREAS, each Committee Member shall be a resident of the City at the time of appointment and shall remain a resident of the City while serving on the Committee; and WHEREAS, each member of the Committee shall have a term coinciding with the term of the appointing Council Member; and
WHEREAS, with the vacancy of Former Committee Rob Ledington, Mayor Pro Tern Tuttle has selected Fortino Garza Ill as his appointee to this Committee; and WHEREAS, the Committee shall receive the assistance of City Staff and shall issue an annual public report on the expenditures and appropriations of the tax revenues. The committee shall undertake such additional duties as the Council may designate; and
WHEREAS, except as otherwise provided in paragraph (D), the Committee and its members shall be subject to the provisions of Chapter 1 of Title 2 of the Reedley Municipal Code, beginning with Section 2-1-1.
NOW, THEREFORE, BE IT RESOLVED that the following citizens have been appointed to the Citizen's Oversight Committee.
Fortino Garza Ill
Suzanne Johnson
John Heathcote
Leslie Rhodes
Donna Suemoto
Appointed by Mayor Pro Tern Tuttle, District 1
Appointed by Council Member Mary Fast, District 2
Appointed by Council Member Suzanne Byers, District 3
Appointed by Council Member Scott Friesen, District 4
Appointed by Mayor Anita Betancourt, District 5
This foregoing resolution is hereby approved the 12th day of November, 2024, in the City of Reedley, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Anita Betancourt, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
DATE: November 12, 2024
REEDLEY CITY COUNCIL
C8J Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: /2
TITLE: ADOPT RESOLUTION NO. 2024-085 AWARDING A CONSTRUCTION CONTRACT TO BETTER ENTERPRISES, INC. IN AN AMOUNT NOT TO EXCEED $255,760.03 FOR THE REEDLEY AIRPORT RESTROOM
PROJECT --
SUBMITTED: Sarah Reid
Community Services Direc
SUBMITTED: Marilu S. Morales, P.E. \ I I l
City Engineer ~\
APPROVED: Nicole Zieba IA ./
City Manager v f
RECOMMENDATION
Adopt Resolution No. 2024-085, awarding a construction contract to Better Enterprises, Inc. in an amount not to exceed $255,760.03 for the Reedley Airport Restroom Project (Project).
EXECUTIVE SUMMARY
Staff is requesting that City Council adopt Resolution No. 2024-085 awarding the construction contract to Better Enterprises, Inc. in an amount not to exceed $255,760.03 and authorize the City Manager to execute the Public Improvement Agreement for the Project. Execution of the Agreement is subject to the submittal of the necessary bonds, insurance certificates, and other necessary documents as required by the specifications, special provisions for this project and State law.
The Project will construct the restroom facility which has already been purchased from ROMTEC INC., install the concrete pad, connect the electrical, sewer, and water to the facility and build the restroom facility. The restroom will be located at the north end of the property for use by airport tenants and State Center Community College (SCCCD) faculty and students.
The Project will jointly benefit SCCCD and the City of Reedley (City) so the project costs will be shared by both agencies.
PROJECT DESCRIPTION/BACKGROUND
On October 7, 2024, a Notice to Bidders for the Project was advertised on the City website and on local builders exchanges for a period of approximately three and a half (3.5) weeks. A mandatory pre-bid meeting was held on October 16, 2024 at the Reedley Municipal Airport so that potential bidders could investigate the site and view the ROMTEC INC. materials. Five (5) contractors attended the mandatory pre-bid meeting. During the bidding period, four (4) contractors requested bid documents from the City for this project. No addenda were issued during the project bidding period.
On November 1, 2024, City staff conducted the bid opening for this project where three (3) bids were received, opened, and read aloud. The bids received for the total Base Bid ranged from $232,509.12 to $305,700.00 as shown in the attached Bid Tabulation. The engineer's estimate of probable cost for the Base Bid was $193,595.00.
Resolution No. 2024-085 will award a construction contract for a total of $232,509.12 with a 10% contingency of $23,250.91 included to cover any unforeseen incidentals.
PRIOR COUNCIL ACTIONS
On July 25, 2023, City Council approved the purchase of the restroom building from ROMTEC, INC and the License Agreement with SCCCD for the joint projects at the Reedley Municipal Airport.
FISCAL IMPACT
The total authorization request for the construction contract is $232,509.12 with an additional contingency amount of $23,250.91 for a total of $255,760.03. Approval of the License Agreement between SCCCD and City on July 25, 2023, identified the City as the lead agency for purchases listed in Exhibit A, which included the restroom project. The total project amount came in higher than anticipated at the time the License Agreement was executed. The City of Reedley and SCCCD are discussing the details of the project costs and will renegotiate the percentage covered by both organizations. Staff will present an amendment to the License Agreement and Budget Amendment at a future meeting.
ATTACHMENTS
1. Resolution No. 2024-085
2. Bid Tabulation
RESOLUTION NO. 2024-085
A RESOLUTION TO THE CITY COUNCIL OF THE CITY OF REEDLEY AWARDING A CONSTRUCTION CONTRACT TO BETTER ENTERPRISES, INC. FOR THE
REEDLEY AIRPORT RESTROOM PROJECT
WHEREAS, the City of Reedley issued a Notice to Bidders for the Reedley Airport Restroom Project; and
WHEREAS, the City received, opened and read aloud three (3) bids which the total Base Bid ranged from $232,509.12 to $305,700.00; and WHEREAS, the lowest, most responsive and responsible base bid was submitted by Better Enterprises, Inc.; and
WHEREAS, the City Council, using their independent judgment desires to award a construction contract for the lowest responsible responsive bid for total Base Bid and in the amount of $232,509.12.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Reedley, using their independent judgment, hereby approves Resolution No. 2024-086 based on the following:
1. The above recitals are true and correct; and
2. That the contract for the Reedley Airport Restroom Project is awarded to Better Enterprises, Inc. for the unit and lump sum prices as bid for the Base Bid the total amount of the contract being $232,509.12.
3. That the City Manager is authorized and directed to promptly execute the contract for the subject work with Better Enterprises, Inc. subject to the submittal of the necessary bonds, insurance certificates and other necessary documents required by the specifications and special provisions for this project, all for the approval by and to the satisfaction of the City Engineer and the City Attorney.
4. The City Manager or her designee, is hereby authorized to execute contract change orders to the contract for this project and shall not exceed 10% or $23,250.91 without prior approval of this City Council.
5. The total construction budget for this project, including the construction contract and contingency costs, shall not exceed approximately $255,760.03.
6. This resolution is effective immediately upon adoption.
This foregoing resolution is hereby approved at a regular meeting of the City Council of the City of Reedley held on the 12th day of November 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Anita Betancourt, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
RESOLUTION NO. 2024-086
Item No. Description
BASE BID
1 Mobilization
2 Insurance and Bonds
3 Dust Control and BMP Compliance
4 Earthwork
Pad, Path of Travel & Rough-in
5 Utilities
Pre-Engineered (Romtec)
Exhibit A
Reedley Airport Restroom Project
Bid Tabulation
Engineer's Estimate
Qty. Units Unit Cost Total
1 LS $ 15,000.00 $ 15,000.00 $
1 LS $ 10,000.00 $ 10,000.00 $
1 LS $ 1,000.00 $ 1,000.00 $
1 LS $ 10,000.00 $ 10,000.00 $
729 SF $ 55.00 $ 40,095.00 $
Better Enterprises, Inc. HS Construction, Inc.
Unit Cost Total Unit Cost Total
17,710.00 $ 17,710.00 $ 2,000.00 $ 2,000.00
8,561 .00 $ 8,561 .00 $ 8,000.00 $ 8,000.00
5,500.00 $ 5,500.00 $ 1,000.00 $ 1,000.00
9,260.00 $ 9,260.00 $ 13,000.00 $ 13,000.00
36.28 $ 26,448.12 $ 34.29 $ 24,997.41
6 Restroom - City Provided 1 LS $ 90,000.00 $ 90,000.00 $ 147,140.00 $ 147,140.00 $ 156,110.00 $ 156,110.00 7 Electrical Service Connection 1 LS $ 12,500.00 $ 12,500.00 $ 8,397.00 $ 8,397.00 $ 30,000.00 $ 30,000.00 8 Final Utility Connections 1 LS $ 15,000.00 $ 15,000.00 $ 9,493.00 $ 9,493.00 $ 40,000.00 $ 40,000.00 Total for BASE BID: $ 193,595.00 $ 232,509.12 $ 275,107.41 Note 1-3: Mathematical Error
Subcontractors: Electrical/Low Voltage Infinity Power Solution Inc. C3 Electrical Masonry Dorfmeier Masonry Inc. Dorfmeier Masonry Inc.
Concrete Cencal Services Inc. T osted Asphalt
Plumbing Valley Air Conditioning & Repair Inc. Flash Plumbing Carpentry Lopez Contractors
Toilet Accessories Shelco Industries
Roofing Nations Roof
Doors, Frames & Hardware Precision Doors
Painting San Patricio Painting Inc.
Ceramic Tile Base Michael Surface Solutions
Survey Bedrock Engineering
Rebar
Prepared By: A. Barajas
Checked By: M. Morales
Approved By: M. Morales
Date: 11/1/2024
JT2 Inc OBA Todd Companies
Unit Cost Total
$ 10,700.00 $ 10,700.00
$ 6,000.00 $ 6,000.00
$ 500.00 $ 500.00
$ 23,000.00 $ 23,000.00
1 $ 92.00 $ 67,068.00
$ 165,000.00 $ 165,000.00
$ 11,000.00 $ 11 ,000.00
2 $ 22,432.00 $ 22,432.00
3 $ 305,700.00
AZ Rebar
DATE:
TITLE:
November 12, 2024
REEDLEY CITY COUNCIL
[8J Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: /3 ----
CONSIDERATION OF ITEMS PERTAINING TO A GRANT AWARD FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY.
A) AUTHORIZE THE CITY MANAGER TO EXECUTE ALL GRANT
AGREEMENTS ACCEPTING THE AWARD
B) ADOPT RESOLUTION NO 2024-088, A RESOLUTION AMENDING
THE 2024-2025 GENERAL FUND BUDGET TO ACCEPT THE GRANT
AWARD IN THE AMOUNT OF $58,900
SUBMITTED: Gary Kincaid, Police Sergeant ~fA,,.,-..-
SUBMITTED: Jose L. Garza, Chief of Police<=u~
APPROVED: Nicole R. Zieba, City Manager V
RECOMMENDATION
Approve and authorize the City Manager to accept funds from the California Office of Traffic Safety for the 2024-2025 General Fund budget based on receipt of award notification for the 2024 Traffic Records Funding Program for law enforcement through the California Office of Traffic Safety.
EXECUTIVE SUMMARY
The Police Department received notification from the California Office of Traffic Safety that the City has been awarded a grant in the amount of $58,900.
The Reedley Police Department will purchase software and hardware needed for E-Citation writers. The E-Citation writers will be utilized to process data more effectively, accurately, and timely. With these handheld devices, Officers on patrol will have the ability to write citations faster. Additionally, the information populated on the E-Citation device will collect the driver and vehicle information from barcodes, then selecting violation codes, court location, court dates, and other items with ease and consistency. This information can then be exported
electronically to courts, the Police Department's Records Management System, and The Department's current Crossroads traffic collision system, which will reduce data entry for Records Technicians. This data will also be fed directly to the California Highway Patrol SWITRS database in real time.
The Police Department received notification from the California Office of Traffic Safety in August , 2024 of the grant award in the amount of $58,900.
BACKGROUND
This Traffic Records Funding Program was opened for application to qualifying law enforcement agencies during the 2024 year. This specific grant funding source will be used to purchase hardware and software for a Crossroads E-Citation writer, including five printers.
The goal for this grant project is to acquire the equipment needed to ensure that the Reedley Police Department is acquiring up to date technology. This technology will be utilized to keep Officers safer, reduce the amount of time spent on traffic stops, and help streamline necessary information to the California Highway Patrol and to the courts.
FISCAL IMPACT
The Traffic Records Grant was awarded to the City of Reedley in the amount of $58,900.
There are no match funds required for the application and implementation of this grant.
ATTACHMENTS:
Budget Amendment Resolution #2024-088
BUDGET AMENDMENT
RESOLUTION 2024-088
The City Council of the City of Reedley does hereby amend the 2024-25 Budget as follows:
SECTION I -ADDITIONS
Account Number Account Description Amount
001.4350.6021 Computers & Peripherals $ 58,900
Total $ 58,900
Purpose: Purchase New Hardware & Software with Grant Funds
SECTION II - SOURCE OF FUNDING
Account Number Account Description Amount
001-3821 Police O.T.S. Grant $ 58,900
Total $ 58,900
Impact: Appropration of requested amount which will be funded with O.T.S. Grant REVIEWED:
~ 11/tJi,/zc.,
ss,stant Ity anager City Manager
The foregoing resolution was approved by the City Council of the City of Reedley on November 12, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN : APPROVED:
Anita Betancourt, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
DATE:
TITLE:
SUBMITTED:
APPROVED:
REEDLEY CITY COUNCIL
D Consent
D Regular Item
D Workshop
D Closed Session
~ Public Hearing
ITEM NO: _ /_Lf-_ November 12, 2024
CONSIDER ACTION RELATED TO ANNEXATION OF TERRITORY (ANNEXATION NO. 22) TO THE CITY OF REEDLEY COMMUNITY FACILITIES DISTRICT 2005-1 (PUBLIC SERVICES) WHICH INCLUDES THE FOLLOWING:
A. RESOLUTION 2024-081, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF REEDLEY ANNEXING OF TERRITORY TO A COMMUNITY FACILITIES
DISTRICT, AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING
LEVY OF TAX TO QUALIFIED ELECTORS, CITY OF REEDLEY COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) ANNEXATION NO. 22 B. RESOLUTION 2024-082, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF REEDLEY DECLARING RESULTS OF A SPECIAL ANNEXATION ELECTION,
DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING
RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN , CITY OF REEDLEY COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) ANNEXATION NO. 22 ~
Paul A. Melikian, Assistant City Mana~
Nicole R. Zieba, City Manager ~
RECOMMENDATION
In procedural order
1. That the City Council hold a public hearing for the Annexation of Territory (Annexation No. 22) to Community Facilities District No. 2005-1 (Public Services).
2. Consider approval of Resolution No. 2024-081, a Resolution of the City Council of the City of Reedley annexing of territory to a Community Facilities District, authorizing the levy of a special tax, and submitting levy of tax to qualified electors, City of Reedley Community Facilities District No. 2005-1 (Public Services) Annexation No. 22.
3. Call for Special Election and have the City Clerk open the ballot(s) and announce the vote(s).
4. Consider approval of Resolution No. 2024-082, a Resolution of the City Council of the City of Reedley declaring results of a special annexation election, determining validity of prior proceedings, and directing recording of Amended Notice of Special Tax Lien, City of Reedley Community Facilities District No. 2005-1 (Public Services) Annexation No. 22.
EXECUTIVE SUMMARY
A condition to annex into the Community Facilities District (CFO) was imposed on new developments being processed by the City in November of 2005, when the District was established. Since that time, all properties must petition to be annexed to the existing CFO when development is proposed.
To initiate the process for annexation of territory to the CFO, the City Council approved a Resolution of Intention (Annexation No. 22) on October 8, 2024. The Resolution of Intention set a public hearing for November 12, 2024. The actions by the Council on November 12, 2024, will finalize the annexation of territory to the CFO.
BACKGROUND
Since the requirement to annex into the CFO was imposed on all new development, development processed after November 2005 must be annexed into the existing CFO. Several property owners have submitted petitions to annex into the CFO as provided by the conditions of development of their property.
To initiate the process for annexation of territory to a CFO, the City Council approved a Resolution of Intention for Annexation No. 22 on October 8, 2024. The Resolution of Intention (ROI) set a public hearing for November 12, 2024. The Rate and Method of Apportionment (RMA) referred to in the ROI is the same as adopted by the City Council with the Resolution of Formation in 2005. The RMA provides, among other things, definitions of the special tax categories, identifies what properties will be taxed , and the maximum special tax.
The areas to be annexed are shown below and on the attached map, which was submitted by the City Clerk to the Fresno County Recorder's office within 15 days of adoption of the Resolution of Intention.
Community Facilities District (CFD)
Property Inventory
Annexation No. 22
APN's Project Name
365-181-35T City of Reedley
363-250-31 Lifehouse Valley
Church
368-322-09 Reedley Lumber
370-040-31 Barsoom Blossom
The purpose of the public hearing is to take public comment on the annexation of territory to the CFO and to accept protests from any property owner within the proposed boundaries. If no property protests are received, the Council may take the initial action to annex the territory to the CFO by approving a resolution on the annexation to the CFO and approving calling a special property owner election. Once the election is called, the City Clerk opens and tabulates the ballots. If two-thirds (2/3) of the returned ballots consent to the annexation, then the City Council can take action to direct the recording of the Notice of Special Tax Lien.
FISCAL IMPACT
If approved, the additional development to be annexed into the CFO will be placed on an upcoming tax roll.
PRIOR COUNCIL ACTIONS
On November 5, 2005 the City Council adopted the Resolution of Formation of the Community Facility District. Nineteen property annexations have been completed since formation of the CFO. On October 8, 2024, the City Council initiated the annexation of territory known as Annexation No. 22.
ATTACHMENTS
1. Map of CFO Annexation No. 22
2. Resolution 2024-081; Resolution Authorizing the Levy of Tax with Exhibit A Ballots
3. Resolution 2024-082; Resolution Declaring Results of Special Election with Exhibit A Results
4. Fresno County Recorder's Office Filing of Amendment to Notice of Special Tax Lien
5. Fresno County Recorder's Office Filing of Amendment A to Notice of Special Tax Lien APNs
6. Fresno County Recorder's Office Filing of Amendment B to Notice of Special Tax Lien Canvass and Statement of Result of Election
....
NORTH SCALE NTS
Current boundary
~ Proposed Annexation Area
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ANNEXATION MAP NO. 22
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SERVICES)
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CITY OF REEDLEY
COUNTY OF FRESNO
STATE OF CALIFORNIA
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ASSESSOR'S
PARCEL NUMBER
363-250-31
368-322-09
370-040-31
365-181-35T
w(~~h1~bc~ 27368 Via lndustria #200
Temecula, CA 92590
(951)587-3500
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Fresno County Assessor's Parce l Number of the land to be included in th e Community Facilities District No. 2005-1 Annexation Map No. 22 :
363-250-31 , 368-322-09, 3 70-040-31 , 365-181-35T
Reference is hereby made to that certain map entitled "Proposed Boundary Map of the Community Facilities District No. 2005-1 (Public Services), City of Reedley, County of Fresno, State of California" filed the 12th day of October, 2005, at the hour of 4:00 o'clock p.m. in Book 41 of Maps of Assessment and Community Facilities District at page 58, (document no. 024171900) in the office of the County Recorder of the County of Fresno, State of California, which this Annexation Map affects.
Filed in the office of the City Clerk of the City of Reedley this _th day of ____ _, 2024.
By:
Ruthie Greenwood, City Clerk
I hereby certify that the within map showing proposed boundaries of Annexation No. 22 to the City of Reedley Community Facilities District No. 2005-1 (Public Services), County of Fresno, State of California, was approved by the City Council of the City of Reedley, at a meeting thereof, held on the _th day of ____ , 2024, by its Resolution No. ___ _
By: ________ _
Ruthie Greenwood , City Clerk
Filed this_ day of ____ , 2024, at the hour of __
o'clock_.m., in the Book_ Page_ of Maps of Assessment and Community Facilities Districts and as Instrument No. ____ _ in the office of the County Recorder in the County of Fresno, State of California.
Note:
Paul Dictos By: Deputy County Recorder
County Recorder
County of Fresno
State of California
This diagram is only for the purpose of indicating the lots being assessed the assigned assessment numbers for said lots and the relationship to the surrounding streets.
For a detailed description of the lines and dimension of the lots, reference is made to the Fresno County Assessor's Maps for the fiscal year 2024-2025. For the information on the streets and other appurtenant lines and dimensions within the subdivided area reference is made to the filed tract maps.
Exempt from SB2 fees Gov/t Code Sections 27388.1(a)(2)(D) • NORTH SCALE NTS
MAPN~~~~~NCE PA~~sii::ER PROJECTNAME
1 368-322-09 Reedley Lumbe r
Legend
-- Annexation 22 Area 1 Streets
Reedley Parcels
[D Annexation 22
~
~ / WILLDAN I Financial Services
27368 Via lndustria #200
Temecula, CA 92590
(951 )587-3500
ANNEXATION MAP NO. 22
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SERVICES)
CITY OF REEDLEY
COUNTY OF FRESNO
STATE OF CALIFORNIA
Area 1
Fresno County Assessor's Parce l Number of th e land to be included in the Community Facilities District No. 2005-1 Annexation Map No. 22 · 363-250-31 , 368-322-09, 3 70-040-3 1, 365-181-35T
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NORTH SCALE NTS
MAP REFERENCE I ASSESSOR'S
NUMBER PARCEL NUMBER PROJECTNAME
370-040-31 IBarsoom Blossom
Legend
--- Annexation 22 Area 2 Streets
~ Reedley Parcels
D Annexation 22
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~ WILLDAN
Financial Services
27368 Via lndustria #200
Temecula, CA 92590
(951 )587-3500
-
ANNEXATION MAP NO. 22
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SERVICES)
CITY OF REEDLEY
COUNTY OF FRESNO
STATE OF CALIFORNIA
Area 2
G)
Fresno County Assessor's Parcel Number of the land to be included in the Community Facilities District No. 2005-1 Annexation Map No. 22 :
363-250-31 , 368-322-09 , 370-040-31 , 365-181-35T
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Exempt from S82 fees Gov/I Code Sections 27388 .1(a)(2)(D) ...
NORTH SCALE NTS
MAP REFERENCE I ASSESSOR'S
NUMBER PARCEL NUMBER PROJECT NAME
363-250-31 I Lifehouse Valley Church
Legend
--- Annexation 22 Area 3 Streets
~ Reedley Parcels
c::J Annexation 22
~
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27368 Via lndustria #200
Temecula, CA 92590
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COMMUNITY FACILITIES DISTRICT NO. 2005-1
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COUNTY OF FRESNO
STATE OF CALIFORNIA
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363-250-31 , 368-322-09, 370-040-31 , 365-181 -35T
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Exempt from SB2 fees Gov/I Code Sections 27388.1 (a)(2)(D) A
NORTH SCALE NTS
MAP REFERENCE I ASSESSOR'S
NUMBER PARCEL NUMBER PROJECT NAME
1 I 365-181-35T GPA/Rezone
Legend
--- Annexation 22 Area 4 Streets
C] Reedley Parcels
c:J Annexation 22
~
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27368 Via lndustria #200
Temecula, CA 92590
(951 )587-3500
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ANNEXATION MAP NO. 22
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SERVICES)
CITY OF REEDLEY
COUNTY OF FRESNO
STATE OF CALIFORNIA
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Fresno County Assessor's Parcel Number of the land to be included in th e Community Facilities District No. 2005-1 Annexation Map No. 22 :
363-250-31 , 368-322-09 , 370-040-31 , 365-181C35T
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Exempt from SB2 fees Gov/I Code Sections 27388.1 (a)(2)(D) RESOLUTION NO. 2024-081
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY ANNEXING OF
TERRITORY TO A COMMUNITY FACILITIES DISTRICT, AUTHORIZING THE LEVY OF A
SPECIAL TAX, AND SUBMITTING LEVY OF TAX TO QUALIFIED ELECTORS, CITY OF REEDLEY COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) ANNEXATION NO. 22
WHEREAS, this Council, on October 8, 2024, adopted Resolution No. 2024-075 (Resolution of Intention) stating its intention to annex territory to the City's Community Facilities District No. 2005-1 (Public Services) ("CFO"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Act); and
WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to the CFO and stating the facilities to be provided and the rate and method of apportionment of the special tax to be levied within the CFO to pay for the services of the CFO, is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and WHEREAS, the Resolution of Intention set November 12, 2024 as the date of the public hearing; and
WHEREAS, on the 12th of November 2024, this Council held a public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the CFO; and
WHEREAS, at said hearing interested persons desiring to be heard on all matters pertaining to the annexation of territory to the CFO and the levy of said special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; and WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to the CFO by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the existing CFO, or (ii) 50% or more of the registered voters, or six registered, whichever is more, residing in the territory proposed to be annexed to the CFO, or (iii) owners of one-half or more of the area of land in the existing CFO, or (iv) owners of one-half or more of the area of land in the territory proposed to be annexed to the CFO; and
WHEREAS, Annexation Map No. 22 to the CFO has been filed with the County Recorder of the County of Fresno, which map shows the territory to be annexed in these proceedings, and a copy thereof is on file with the City Clerk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REEDLEY, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. All prior proceedings taken by this Council, with respect to the CFO and the proposed annexation of territory thereto, have been duly considered and are hereby determined to be valid and in conformity with the Act, and the CFO has been validly established pursuant to the Act. It has been determined that this project will intensify the use of the property creating a need for more services under this CFO.
Section 2. The description and map of the boundaries of the territory to be annexed to the CFO, as described in said Annexation No. 22 to the CFO on file with the City Clerk are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of the CFO, and said territory is hereby ordered annexed to the CFO, subject to voter approval of the levy of the special taxes therein as hereinafter provided.
Section 3. The provisions of the Resolution of Intention, has heretofore been adopted by this Council and are by this reference incorporated herein, as if fully set forth herein.
Section 4. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory to be annexed to the CFO shall be submitted to the voters of the area to be annexed to the CFO at an election called therefore as hereinafter provided.
Section 5. This Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed to the CFO for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within the territory proposed to be annexed to the CFO and that the vote shall be by said landowners, each having one vote for each acre or each portion thereof such landowner owns in the territory proposed to be annexed to the CFO.
Section 6. Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot, in accordance with the applicable provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they have not been waived by the unanimous consent of all landowners of the territory to be annexed to the CFO.
Section 7. The Council calls a special election to consider the measure described in the ballot referred to in paragraph 8 below, which election will be held on November 12, 2024, ("Election Day") at Reedley City Council Chambers, 845 "G" Street, Reedley, California.
Section 8. The City Clerk will be the election official to conduct the election and caused to be provided to each landowner in the territory to be annexed to the CFO, a ballot in the form of Exhibit A hereto, which is hereby approved.
Section 9. The City Clerk has accepted the ballots of the qualified electors received prior to 7:00 p.m. on Election Day, whether received by mail or by personal delivery.
Section 10. This Council hereby further finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election hereinabove specified is established accordingly.
PASSED, APPROVED AND ADOPTED, this 12th day of November 2024.
Anita Betancourt, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
I, Ruthie Greenwood, CITY CLERK of the CITY OF REEDLEY DO HEREBY CERTIFY that the foregoing Resolution No. 2024-081 was adopted at a regular meeting of the City Council held on the 12th day of November 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Ruthie Greenwood, City Clerk
APPROVED AS TO FORM:
Laurie Avedisian-Favini, City Attorney
EXHIBIT A
City of Reedley
Community Facilities District No. 2005-1
(Public Services)
Annexation No. 22
OFFICIAL BALLOT
SPECIAL TAX ANNEXATION ELECTION
This ballot is for the special landowner election. You must return this ballot in the enclosed envelope to the office of the City Clerk of the City of Reedley no later than 7:00 p.m. on November 12, 2024, either by mail or in person. The City Clerk's office is located at City Hall, 1717 9th Street, Reedley, California, 93654.
To vote, mark in the voting square after the word "YES" or after the word "NO". For a list of acceptable marks, please refer to the back of this ballot.
If you wrongly mark, tear, or deface this ballot, return to the City Clerk of the City of Reedley and obtain another.
BALLOT MEASURE: Shall the City of Reedley, by
and for its Community Facilities District No. 2005-1 (Public Services,) (the "CFO"), be authorized to levy special taxes within the territory annexed to the CFO pursuant to and as described in the Resolution of Intention of the City of Reedley adopted by its Council on October 8, 2024?
YES: D
NO: D
By executing in the space provided below, you also confirm your waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326 (a) and 53327 (b) of the California Government Code.
Acres Owned Within Territory Annexed:
Number of Votes:
Property Owner:
Property Owner/Authorized Representative Signature: __________ _ RESOLUTION NO. 2024-082
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY DECLARING RESULTS
OF A SPECIAL ANNEXATION ELECTION, DETERMINING VALIDITY OF PRIOR
PROCEEDINGS, AND DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN, CITY OF REEDLEY COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) ANNEXATION NO. 22
WHEREAS, in proceedings heretofore conducted by the City Council pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Act), this City Council has heretofore adopted a resolution calling a special election of the qualified landowner electors in the territory of land proposed to be annexed to Community Facilities District No. 2005-1 (Public Services) ("CFO"); and
WHEREAS, pursuant to the terms of the resolution, which is hereby incorporated herein by this reference, the special election has been held and the City Clerk has filed a Canvass and Statement of Results of Election (Canvass) a copy of which is attached hereto as Exhibit A; and WHEREAS, this City Council has reviewed the Canvass and hereby approves it.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REEDLEY, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. The issue presented at the special election was the levy of a special tax within the territory to be annexed to the CFO to be levied in accordance with the formula heretofore approved by this City Council as described in Resolution No. 2024-081 , a Resolution of the City Council Annexing of Territory to a Community Facilities District, Authorizing the Levy of a Special Tax and Submitting Levy of Tax to Qualified Electors, City of Reedley Community Facilities District No. 2005-1 (Public Services), Annexation No. 22, adopted November 12, 2024.
Section 2. Pursuant to the Canvass on file with the City Clerk, the issue presented at the special election was approved by the landowners of the territory annexed to the CFO by more than twothirds of the landowners voting at the special election.
Section 3. Pursuant to the voter approval, said annexed territory to the CFO is hereby declared to be fully annexed to and part of the CFO and this Council may levy special taxes therein as heretofore provided in these proceedings.
Section 4. It is hereby found that all prior proceedings and actions, taken by this Council pursuant to the CFO and the territory annexed thereto were valid and in conformity with the Act.
Section 5. Within 15 days of the date hereof, the City Clerk shall execute and cause to be recorded in the office of the County Recorder of the County of Fresno, an amendment to the Notice of Special Tax Lien as required by Section 3117.5 of the California Streets and Highway Code.
PASSED, APPROVED AND ADOPTED, this 12th day of November, 2024.
Anita Betancourt, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
I, Ruthie Greenwood , CITY CLERK of the CITY OF REEDLEY DO HEREBY CERTIFY that the foregoing Resolution No. 2024-082 was adopted at a regular meeting of the City Council held on the 12th day of November 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Ruthie Greenwood, City Clerk
APPROVED AS TO FORM:
Laurie Avedisian-Favini, City Attorney
Exhibit A
City of Reedley
Community Facilities District No. 2005-1 (Public Services) Annexation No. 22
CANVASS AND STATEMENT OF RESULTS OF ELECTION
I hereby certify that on this date, I canvassed the returns of the election held on November 12, 2024, in the territory annexed to Community Facilities District No. 2005-1 (Public Services) of the City of Reedley which election is designed as the Special Tax Annexation Election, and the cast for and against the measure are as follows and the total as shown for and against the measure are full, true and correct:
Qualified
City of Reedley Community Facilities Landowner Votes
District No. 2005-1 (Public Services) Votes Cast YES NO Annexation No. 22 Special Tax 59 Annexation Election, November 12, 2024 BALLOT MEASURE: Shall the City of Reedley, by and for its Community Facilities District No. 2005-1 (Public Services) (the "CFO") be authorized to levy special taxes within the territory annexed to the CFO pursuant to and as described in the Resolution of Intention of the City of Reedley adopted by its Council on October 8, 2024? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS 12TH DAY OF NOVEMBER 2024.
CITY OF REEDLEY
By: ________ _
Ruthie Greenwood, City Clerk
Recorded for and by the benefit of and
When recorded Mail to:
Exempt from S82 fees per Gov't Code Section 27388.1 (a)(2)(D) City of Reedley
City Clerk
1717 Ninth Street
Reedley, California 93654
AMENDMENT TO NOTICE OF SPECIAL TAX LIEN
CITY OF REEDLEY
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SERVICES)
Annexation No. 22
Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended, Section 53311, et. seq., of the California Government Code (the "Act"), the undersigned City Clerk of the City of Reedley (the "City"), County of Fresno, State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the City Council of the City, County of Fresno, State of California, on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying the costs of services described in, and said special tax is to be levied according to the rate and method of apportionment set forth in, that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Fresno, State of California on November 22, 2005 at the hour of 2: 17 o'clock p.m. as Document No. 2005-0275325, to which recorded Notice of Special Tax Lien reference is hereby made and the provisions of which are hereby incorporated herein in full by this reference.
This Amendment to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of the City of Reedley Community Facilities District No. 2005-1 (Public Services) the lands set forth in that certain "Annexation Map No. 22 of the City of Reedley Community Facilities District No. 2005-1 (Public Services), County of Fresno, State of California," heretofore recorded on October 24, 2024 at the hour of 10:22 o'clock a.m. at Maps of Assessment and Community Facilities Districts (Document No. 2024-0098489Error! Reference source not found.) in the office of the County Recorder of the County of Fresno, State of California.
The assessor's tax parcel number(s) of all parcels or any portion thereof which are included in this 22nd Amendment to Notice of Special Tax Lien, together with the name(s) of the owner(s) thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the City are as set forth in Exhibit A hereto and hereby made a part hereof. Exhibit B hereto and hereby made a part hereof contains results of the election of Annexation 22.
For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Assistant City Manager of the City of Reedley, 845 "G" Street, Reedley, California 93654, telephone number (559) 637-4200 extension 300.
Dated:
By:
Ruthie Greenwood, City Clerk
EXHIBIT "A" TO NOTICE OF SPECIAL TAX LIEN
CITY OF REEDLEY
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SERVICES)
ANNEXATION NO. 22
ASSESSOR'S PARCELNUMBERS AND OWNERS OF LAND WITHIN
ANNEXATION NO. 22 TO CITY OF REEDLEY
COMMUNITY FACILITIES DISTRICT NO. 2005-01
(PUBLIC SERVICES)
Fresno County Assessor's Parcel Nos.
365-181 -35T
363-250-31
368-322-09
370-040-31
Name of Property Owners
City of Reedley
1717 9th Street
Reedley, CA 93654
LIFEhouse Valley Church
1445 N. Frankwood Avenue
Reedley, CA 93654
Yanez Properties LLC
42931 RD 52
Reedley, CA 93654
Barsoom Bros Co
PO Box 1116
Reedley, CA 93654
EXHIBIT "8" TO NOTICE OF SPECIAL TAX LIEN
ANNEXATION NO. 22 ELECTION
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on this date, I canvassed the returns of the election held on this date in the territory annexed to the City of Reedley Community Facilities District No. 2005-1 (Public Services) which election is designated as the Annexation No. 22 Election, and the total number of ballots cast in the territory to be annexed and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct:
City of Reedley
Community Facilities District No. 2005-1
Annexation No. 22 Election,
November 12, 2024
Qualified
Landowner
Votes
Votes
Cast YES NO
BALLOT MEASURE: Shall the City of Reedley, by and for its City of Reedley Community Facilities District No. 2005-1 (Public Services) (the "District"), be authorized to levy special taxes within the territory annexed to the District pursuant to and as described in Resolution No 2024-075, adopted by the Council of the City of Reedley on October 8, 2024.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 12th day of November 2024.
CITY OF REEDLEY
By:----------
Ruthie Greenwood, City Clerk
DATE:
TITLE:
November 12, 2024
REEDLEY CITY COUNCIL
D Consent
cg] Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 15 ----
INTRODUCTION OF ORDINANCE NO. 2024-008, AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF REEDLEY REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 5 OF TITLE 4 PERTAINING TO SHOPPING CARTS
SUBMITTED: Rodney L. Horton (} / (
Community Development Director / '--f-L,
APPROVED: Nicole R. Ziebal ~
City Manager V r
RECOMMENDATION
Staff recommends that the City Council approve the introduction and first reading of Ordinance No. 2024-008, an Ordinance of the City Council of the City of Reedley repealing and replacing in its entirety Chapter 5 of Title 4 pertaining to shopping carts.
BACKGROUND
Abandoned shopping carts are a significant issue for the City. Currently, shopping carts are being dropped off throughout the City; users are leaving the carts on City park property, the rail trail, the public street, and on public sidewalks. This situation creates a hazard to the public. Abandoned shopping carts create conditions that reduce property values, promote blight by increasing neighborhood deterioration, resulting in a public nuisance. As a result of this growing issue, Staff is presenting Ordinance No. 2024-008 to the City Council for its consideration.
The proposed ordinance balances the needs and concerns of the community with the fiscal and operational concerns of new and existing businesses. This ordinance will require new businesses that provide shopping carts to their customers to install a cart containment system. The language in the proposed ordinance states that a cart containment system may include one of five measures, chosen by the business, to prevent someone from taking a shopping cart without the business' authorization. The first measure may include a cart disabling device that locks the wheel(s) of shopping carts when someone attempts to leave the business' premises. The second option may include an onsite security guard or employee whose presence prevents someone from removing the carts from the premises. The third
option may include the installation of bollards and chains. A fourth option provided is for businesses to obtain a financial security deposit from the customer such as a coin or credit card operated cart system, prior to using the shopping cart. The final option pertains to any other program or measure proposed by the business and approved by the City Manager.
For existing businesses that may not be able to install a cart containment system, the ordinance provides for an exemption to the requirement of an onsite cart containment program, if the business can provide proof of an active contract with a qualified cart retrieval service. The cart retrieval service must actively locate shopping carts throughout the City of Reedley, and be able to respond within twenty-four hours after receiving complaint(s). During the initial outreach efforts to businesses containing shopping carts, City staff learned that United Market, for example, employs a professional cart retrieval service to pick up abandoned carts throughout the City. Should City Council adopt Ordinance No. 2024-008, United Market would be eligible to be exempted from having to institute a cart containment system. The exemption would not apply to new or existing businesses that expands by more than five thousand square feet.
Under the new ordinance, businesses are required to post a bilingual warning notice at all customer entrances and exits that unauthorized removal of a shopping cart from the business' premises, or possession of a shopping cart in a location other than on the business premises, is a violation of State law and City ordinance. The notice must include a local or toll-free telephone number for shopping cart retrieval. A person must have written authorization to remove the shopping cart from the business' premises. A notice is not required for a person who is authorized to remove the cart from the business' premises for the purpose of repair or to conduct ongoing maintenance. All shopping carts will be required to have an identification sign affixed to it containing the name of the owner, telephone number of the owner, a valid phone number for cart retrieval, procedure for obtaining permission to remove the shopping cart from the premises, and notice to the public that the unauthorized removal of the cart is a violation of State law and City ordinance.
If an abandoned shopping cart is not retrieved within thirty-six hours after notice is provided to the cart owner from City staff or a citizen reporter. On the fourth day, the City may impound the cart and the owner will be subject to an impound fee. In addition, the cart owner may be subjected to citation in the amount of fifty dollars for each occurrence in excess of three during a six-month period. The City may immediately retrieve the cart if it will impede emergency services, or is located within the public right-of-way and poses a safety hazard to the general public.
FISCAL IMPACT
There is no negative fiscal impact to the City.
ATTACHMENTS
1. Ordinance 2024-008
ORDINANCE NO. 2024-008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 5 OF TITLE 4
PERTAINING TO SHOPPING CARTS
The City Council of the City of Reedley does hereby ordain as follows:
SECTION 1. Chapter 5 of Title 4 of the City of Reedley Municipal Code is repealed in its entirety and replaced with the following:
4-5-1: PURPOSE; NUISANCE DECLARED:
The City Council finds that abandoned shopping carts on public and private property create conditions that reduce property values, promote blight and neighborhood deterioration, and result in a public nuisance. This chapter is intended to ensure measures are taken by the owners of shopping carts to prevent the removal of the shopping carts from the owner's premises and to facilitate the retrieval of abandoned shopping carts in a manner consistent with California State law.
4-5-2: DEFINITIONS:
The following definitions apply for the purpose of this chapter:
A. ABANDONED SHOPPING CART: any shopping cart that has been removed, without the consent of the owner, from the owner's business premises or parking area of the commercial establishment, and is now located on either public or private property.
B. BUSINESS PREMISES: the interior of a shopping cart owner's commercial establishment, adjacent walkways, any loading area, and the parking area, as defined herein. The owner's business premises may include a multi-store shopping center with shared areas of parking and public access.
C. CART IDENTIFICATION: a permanent posted sign, sticker, placard, or engraved surface on a shopping cart which includes certain required information, as further described in Section 4-5-8.
D. CART OWNER: the owner or operator of a commercial establishment which provides shopping carts for use by its customers for the purpose of transporting goods and belongings of any kind while on the business' premises.
E. CODE ENFORCEMENT OFFICER: a code enforcement officer, or designee, employed by the City to enforce the rules, regulations, code, and ordinances of the City of Reedley.
F. ON-SITE CART CONTAINMENT PROGRAM: means any one or more of the following measures:
1. Disabling devices on all shopping carts which prevent them from being removed from the business premises by locking the wheels or otherwise preventing their movement.
2. An on-site security guard or employee of a commercial establishment whose presence seeks to deter customers from attempting to remove carts from the business premises.
3. Bollards and chains installed around the business premises to prevent removal, if permitted by the applicable zoning district and zoning regulations, site plan review, and if approved by the Building Official and Fire Chief.
4. Obtaining a financial security deposit from customers, such as a coin or credit operated cart system, prior to using the shopping cart.
5. Any other measure approved by the City Manager, or designee, as a means to contain carts on the premises.
G. PARKING AREA: means a parking lot or other property owned, controlled, or operated by a commercial establishment for use by customers for parking automobiles or other vehicles. In a multi-store or shopping center, this definition shall include the entire parking area used or controlled by the complex or shopping center.
H. QUALIFIED CART RETRIEVAL SERVICE: means a licensed and insured thirdparty commercial service in the business of retrieving and returning shopping carts.
I. SHOPPING CART: means a basket which is mounted on wheels, or a similar device, provided by the operator of a commercial establishment for the use of customers for the purpose of transporting goods and belongings of any kind. This definition shall also apply to the words "laundry cart" and "cart", which may at times be used interchangeably herein. A cart sold by a commercial establishment to a retail customer for that customer's personal and private use is not a shopping cart for the purposes of this chapter. 4-5-3: REQUIRED CART CONTAINMENT SYSTEM:
Every cart owner shall operate and maintain an on-site cart containment program as defined in Section 4-5-2-F of this chapter. Such system must be in operation until the business use is abandoned and/or the use of shopping carts is discontinued. 4-5-4: EXEMPTION:
An existing cart owner may be exempted from the on-site cart containment program requirement if they provide proof of active contract with a qualified cart retrieval service to the Director of the Community Development Department and the Chief of Police which demonstrates the qualified cart retrieval service will do the following:
A. actively locate shopping carts throughout the City of Reedley; and B. respond to complaints from the public in a manner which results in the retrieval of shopping carts within twenty-four (24) hours after receiving complaint(s). 4-5-5: NEW CONSTRUCTION/NEW BUSINESS:
A new cart owner shall be required to install a physical containment system when the cart owner establishes a new use. An existing cart owner shall be required to install a physical 2 containment system when the shopping cart owner expands the existing use by more than five thousand (5,000) square feet.
4-5-6: STORE REMOVAL WARNINGS:
Every commercial establishment which provides carts at its business premises shall prominently post and maintain in the interior of the building, and at all customer entrances and exits, shopping cart removal warning notices ("warning notices"). Warning notices shall meet all of the following minimum specifications:
A. Be at least eighteen (18) inches in width and twenty-four (24) inches in height.
B. Use block lettering not less than one-half (1/2) inch in width and two (2) inches in height.
C. Contain a statement which notifies the public that the unauthorized removal of a shopping cart from the business premises, or possession of a shopping cart in a location other than on the business premises, is a violation of State law and City ordinance.
D. The statement required by subsection C of this section shall be in English and Spanish.
E. List a local or toll-free telephone number for shopping cart retrieval. 4-5-7: PERMISSION FOR SHOPPING CART REMOVAL FROM BUSINESS PREMISES:
No person shall be deemed to be authorized to remove a shopping cart unless they are in possession of written authorization from the shopping cart owner. Such written authorization shall be on the respective commercial establishment's letterhead. This section shall not apply to the possession of a shopping cart removed from the business premises at the direction of the cart owner for the purposes of repair or maintenance. 4-5-8: SHOPPING CART IDENTIFICATION SIGNS:
A. Each shopping cart owned or used within the city shall have permanently affixed to it and easily visible a cart identification sign or engraved surface which includes all of the following information:
1. The name of the cart owner.
2. The telephone number of the cart owner and/or commercial establishment to which the cart belongs.
3. A valid phone number for cart retrieval.
4. The procedure, if applicable, to be followed to obtain permission to remove the cart from the business premises.
5. Notice to the public that the unauthorized removal of the cart from the business premises is a violation of State law and City ordinance.
B. It shall be the responsibility of each cart owner to comply with subsection A of this section, and to continuously maintain, or cause to be maintained, the cart identification sign so that all of the required information is accurate and clearly legible. 3 4-5-9: ENFORCEMENT AND REMEDIES:
A violation of this chapter shall be subject to the following provisions:
A. If an abandoned cart is not retrieved within thirty-six (36) hours after notice to the cart owner from the City or citizen reporter, or as otherwise described in subdivision (i) of California Business and Professions Code section 22437.7, the City may impound the shopping cart. Beginning on the fourth business day, any shopping cart not claimed by the cart owner within three business days following date of actual notice of impound shall be subject to a fee equivalent to the actual costs incurred by the City in offering the respective impound service.
B. Further, a Code Enforcement Officer may issue a citation to a shopping cart owner in the amount of fifty and no/l00th dollars ($50.00) for each occurrence in excess of three during a given six-month period for failure to retrieve shopping carts in accordance with this Section 4-5-9. An occurrence includes all shopping carts impounded in accordance with this Section on a given day.
C. The City of Reedley reserves the right to immediately retrieve any shopping cart that will impede emergency services, or is located within the public right-of-way and poses a safety hazard to the general public.
SECTION 2. If any section, subsection, sentence, clause, provision, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, provision, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 3. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 4. The City Clerk is directed to cause this Ordinance or a summary of this Ordinance to be published once in a newspaper of general circulation and circulated within the City of Reedley, within fifteen (15) days after its adoption. If a summary of the Ordinance is published, the City Clerk shall cause a certified copy of the full text of the proposed Ordinance to be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which the Ordinance is adopted and again after the meeting at which the Ordinance is adopted. The summary shall be approved by the City Attorney.
4 ATTEST:
The foregoing Ordinance No. 2024-008 was introduced and given first reading at a regular meeting of the City Council of the City of Reedley held on November 12, 2024, and was thereafter duly adopted at a regular meeting of said City Council held on December 17, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Ruthie Greenwood, City Clerk
City of Reedley
1910\01 \POL\4864-6060-2608
4864-6060-2608 , V. 3
5 Anita Betancourt, Mayor
City of Reedley
REEDLEY CITY COUNCIL
DATE: November 12, 2024
D Consent
~ Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: I& ----
TITLE: INTRODUCTION OF ORDINANCE 2024-011 AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF REEDLEY AMENDING
CHAPTER 6 OF TITLE 7 OF THE R LEY MUNICIPAL CODE
CONCERNING REEDLEY AIRPORT GU ATIONS
SUBMITTED: Sarah Reid, Community Services Direc
APPROVED: Nicole R. Zieba, City Manager
RECOMMENDATION
Staff recommends that the City Council approve the introduction and first reading of Ordinance 2024-011, an Ordinance of the City Council of the City of Reedley amending Chapter 6 of Title 7 of the Reedley Municipal Code concerning Reedley Airport Regulations.
BACKGROUND
In 2018, The Airport Improvement Capital Project (ACIP) was a crack seal and overlay of the runway which included repainting the runway markings. The Federal Aviation Administration (FAA) had identified the runway designator of 33-15 needed to change due to shifting of the earth's magnetic lines that were just enough to require the new numbers of 34-16. Runway numbers are based on magnetic headings. The earth magnetic lines shift subtly over time. A survey is done periodically and if the heading now rounds up or down, the designation (number) is changed. The timing of the runway crack seal and overlay project provided the opportunity to make the change, since the runway markings were already being repainted and new signs could be wrapped into the overall project cost.
Ordinance 2024-011 amends Section 7-6-4 (A) 1 and 7 to revise the runway headings from 33-15 to 34-16. Staff discovered through the process of revising the Reedley Municipal Airport Hangar Agreement that this change was never made in the municipal code.
Staff is also recommending two additional sections are revised related to insurance requirements. The current insurance requirements listed in Section 7-6-6 (G) related to commercial activity insurance requirements and Section 7-6-11 related to insurance
requirements are still current as of today. Insurance requirements are addressed in the Reedley Municipal Airport Hangar Agreement and may change due to industry standards.
Staff is recommending the specific requirements are not listed in the Municipal Code, but replaced with a general statement of the requirement for commercial or liability insurance and allow the agreement language which has more flexibility for change, to identify the insurance limits and endorsements.
FISCAL IMPACT
None.
ATTACHMENTS
1. Ordinance No. 2024-011, An Ordinance of the City Council of the City of Reedley amending Chapter 6 of Title 7 of the Reedley Municipal Code concerning the Reedley Airport Regulations.
ORDINANCE NO. 2024-011
AN ORDINANCE OF THE CITY OF COUNCIL OF THE CITY OF REEDLEY AMENDING CHAPTER 6 OF TITLE 7 OF THE REEDLEY MUNICIPAL CODE
CONCERNING THE REEDLEY AIRPORT REGULATIONS
The City Council of the City of Reedley does hereby ordain as follows:
SECTION 1. Section 7-6-4 (A) 1 of the Reedley Municipal Code is hereby amended to read as follows:
7-6-4 (A) 1: Aircraft Operations:
A. Traffic Patterns: The aircraft traffic patterns applicable to the airport shall be as follows:
1. Traffic patterns will be flown by the east side of the airport. Right pattern when using runway thirty-four (34) and left pattern when using runway sixteen (16).
7. Under calm or light and variable wind conditions, the preferred runway will be thirty-four (34 ).
7-6-6 (G) 1: Business or Commercial Activities:
G. Mechanics shall provide a certificate of insurance with coverage amounts and applicable endorsements as required by the city, and as amended from time to time. 7-6-11: Insurance Requirements:
The privileges of using the airport and its facilities shall be conditioned upon the assumption of full responsibility and risk by the user thereof. Neither the city, nor its agents, nor its employees, nor any combination thereof, shall be liable for loss, damage or injury to person or persons or property or properties, including any aircraft arising out of any accident, incident or mishap of any nature whatsoever, or arising out of any cause whatsoever, whether it occurs on the airport or in the use of any of the airport facilities.
No person shall maintain based aircraft at the airport unless such person shall file with the airport manager, and keep in current effect, a certificate of public liability insurance with coverage amounts and applicable endorsements as required by the city, and as amended from time to time.
SECTION 2. If any section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The council hereby declares that it would have passed this chapter and adopted this chapter and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 3. This Ordinance shall take effect thirty (30) days from the date of its adoption.
SECTION 4. The City Clerk is directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Reedley, within fifteen (15) days after its adoption. If a summary of the ordinance is published, the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted.
The summary shall be approved by the City Attorney.
ATTEST:
The foregoing Ordinance No. 2024-008 was introduced and given first reading at a regular meeting of the City Council of the City of Reedley held on November 12, 2024, and was thereafter duly adopted at a regular meeting of said City Council held on December 17, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Ruthie Greenwood, City Clerk
City of Reedley
Anita Betancourt, Mayor
City of Reedley
DATE:
TITLE:
November 12, 2024
REEDLEY CITY COUNCIL
D Consent
~ Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: ----
CONSIDERATION OF ITEMS PERTAINING TO A NEW PAYROLL, BENEFITS, TIME &
ATTENDANCE SYSTEM
A) APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL
DOCUMENTS NECESSARY FOR TRANSITION OF THE CITY'S PAYROLL,
BENEFITS, TIME & ATTENDANCE SYSTEMS AND RELATED SERVICES TO GOVERNMENT JOBS.COM, INC. OBA NEOGOV
8) ADOPT RESOLUTION NO. 2024-087 AMENDING THE FISCAL YEAR 2024-2025 ADOPTED BUDGET APPROPRIATING $88,600 IN THE HUMAN RESOURCES
INTERNAL SERVICE FUND FOR ONE-TIME IMPLEMENTATION COSTS AND
PRORATED SERVICE COSTS ASSOCIATED WITH CONVERTING TO A NEW
PAYROLL, BENEFITS, TIME &ATTENDANCE SYSTEM AND RELATED SERVICES SUBMITTED: Paul A. Melikian, Assistant City Manag
APPROVED: Nicole R. Zieba, City Manager
RECOMMENDATION
It is recommended that the City Council approve and authorize the City Manager to execute all documents necessary for the transition of the City's payroll, benefits, time and attendance systems, and related services to GovernmentJobs.com, Inc. OBA 'NEOGOV' and adopt Budget Resolution No. 2024-087 appropriating $88,600 in the Human Resources Internal Service Fund for one-time implementation costs and prorated service costs through June 30, 2025.
EXECUTIVE SUMMARY
The proper management and tracking of payroll and benefits expenditures is of paramount importance to a municipality, since 70%-80% of its operating resources are used for personnel. The city utilizes electronic payroll, time & attendance systems to accurately capture, track and pay its 325+ full and part-time employees and paid-call firefighters. These systems are delivered to the city as cloud-based platforms accessed by the Internet. In the 11 years that the city has used cloud-based systems for payroll, benefits, time & attendance and related services, staff have found them to be as reliable and secure as could be expected of a complex system. Staff was recently informed that the software that provides time & attendance services to the city, NOVAtime, is in 'maintenance only' mode, meaning that no further investment will be made in the software, and that the platform would be discontinued entirely in 2025.
The company that owns NOVAtime offers a successor product that the city could move to with minimal disruption for the core time & attendance function; however, after a review of this product, it does not appear that it would meet the city's current need for an advanced scheduling solution for the police department. In addition, the city has experienced deteriorating customer service support from its current payroll system vendor that it has worked with since 2012. Therefore, staff used this news of a product discontinuation as an opportunity to look at what other options were available.
The city has utilized NEOGOV for a standalone online HR recruitment & application portal since 2017.
NEOGOV has become the standard for this service in California and beyond, and the service has allowed HR staff to handle an increasing workload of recruitments, and significantly expanded the city's reach to advertise job openings and attract applicants. NEOGOV customer service has been exceptional.
NEOGOV has invested heavily in the public sector and offers add-on services for employee onboarding, payroll, benefits, time & attendance, advanced scheduling, and HR document routing, among others. For the first time, the city would benefit from having all these services on one centralized platform. For example, staff will now be able to automatically transfer employee details from a job application to the onboarding platform, then take highly individualized information from the employee's salary and enrollment in benefits and move those records into the payroll system, all without leaving the same system. Since January 2024, HR has conducted 37 recruitments, hiring more than 60 new employees into the organization, therefore these efficiencies will compound over time.
Lastly, and perhaps most importantly, the existing scheduling tools built into NOVAtime do not meet the needs of a 24/7 law enforcement operation that deals with constant coverage and shift changes, requiring real time notification to staff. The NEOGOV scheduling tool was built with law enforcement needs in mind.
HR staff spent several months evaluating NEOGOV's offerings and brought in users from other city departments. The consensus was that their offerings and services far exceed what the city is receiving from its current providers, especially because NEOGOV is focused exclusively on the unique needs of the public sector. Of note is that, other than the additional funds requested at mid-year, the ongoing costs associated with this new platform are equivalent to the existing situation.
BACKGROUND
In November 2012, the City Council authorized staff to convert its payroll, benefits, and time & attendance systems from an in-house software to a joint venture with the Paylocity Corporation and NOVAtime, which became effective January 1, 2013. This is the city's current provider. Prior to that transition, the city had used an in-house system since 1991.
FISCAL IMPACT
The attached budget amendment requests additional appropriations of $88,600 for this fiscal year. Most of this anticipated cost is for one-time implementation costs of $67,200, with the remaining $21,357 for prorated service costs for the new platform through June 30, 2025. A transition project of this magnitude will be a large undertaking of time for city HR and NEOGOV staff. As with other Human Resources function costs. this additional one-time expense will be charged to departmental budgets proportionate to their share of overall employee headcount.
The current annual budget of $63,000 for the existing payroll and timekeeping systems is anticipated to go through the end of the fiscal year so that these critical services can continue uninterrupted, and to allow for an appropriate period for the systems to run parallel during the testing and verification phase. The attached services agreement with NEOGOV offers inventive pricing for the 2025-26 fiscql year (beginning July 1, 2025) that would place the cost of their platform below that of our existing services. The incentive pricing would end for the 2026-27 fiscal year, at which time the city's annual costs would reset to an amount equivalent to the current platform when accounting for expected inflationary adjustments.
ATTACHMENTS
Budget Resolution No. 2024-087
NEOGOV Services Proposal & Services Agreement
BUDGET AMENDMENT
RESOLUTION 2024-087
The City Council of the City of Reedley does hereby amend the 2024-25 Budget as follows:
SECTION I - ADDITIONS
Account Number Account Description Amount
068-4141.3012 Payroll Fees $ 88,600
Total $ 88,600
Purpose: To cover one-time implementation and prorated recurring costs to convert the city's existing payroll and timekeeping systems to a new platform.
SECTION II - SOURCE OF FUNDING
Account Number Account Description Amount
068-2710 Fund Balance (reduction) $ 88,600
Total $ 88,600
Impact: As the HR function is an Internal Service Fund, the additional cost will be charged to departmental budgets proportionate to their share of overall employee headcount.
REVIEWED: RECOMMENDED:
14~ lf/D>l/'f.~
Assistant City Manager City Manager
The foregoing resolution was approved by the City Council of the City of Reedley on November 12, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: APPROVED:
Anita Betancourt, Mayor
ATTEST:
Ruthie Greenwood, City C!erk
P<!>werDMS ------ by NEOGOV
t 800.749. 5104
2120 Park Pl. Suite 100
El Segundo, CA 90245
THIS IS NOT AN INVOICE
Account Number:
Customer:
Effective Employee Count:
Sales Rep:
Billing Address:
Billing Contact Email:
Billing Phone:
Payment Term: Net 30
PO Number:
A-698039
Reedley, City of (CA)
149
Alan Paul
Reedley, City of (CA)
Darla Bello
845 G st
Reedley, CA 93654
[email protected]
5596374200
Pro-Rated Term Incentive Applied to
Bundle Rate
Item
Onboard Subscription
Onboard Setup
Payroll Subscription
Payroll Setup
Payroll Services Subscription
Payroll Services Setup
Schedule EA Subscription
Order#:
Valid Until:
Start Date:
Shipping Contact :
Shipping Address:
Shipping Contact Email:
Shipping Phone:
Notes:
Type Term
(Months)
Recurring 30
Services 30
Recurring 30
Services 30
Recurring 30
Services 30
Recurring 30
NEOGOV
Q-333176
11/30/2024
Last signature date
Reedley, City of (CA)
Darla Bello
845 G st
Reedley, CA 93654
[email protected]
(559) 637-4200
License Type
Employee Based
Employee Based
Employee Based
Employee Based
Employee Based
Employee Based
Employee Based
Total (USD)
$1,935.49
$1,980.00
$4,438.20
$10,368.00
$2,958.80
$8,064.00
$2,300.00
Subscription for staff scheduling. Includes calendar view/editor, rotations, trade board, time off, notifications, custom reporting, OT forms, shift bids, and payroll exports.
Schedule EA Setup Services 30 Employee Based $2,572.50
Services to set up Schedule for an agency includes building org structure, importing employees, configuring key settings, and sessions for requirements gathering, ad min training, and Q&A.
eForms Subscription Recurring 30 Employee Based $2,272.50 eForms Setup Services 30 Employee Based $1,980.00
Core HR Subscription Recurring 30 Employee Based $3,013.27 Core HR Setup Services 30 Employee Based $17,500.00
Time & Attendance Subscription Recurring 30 Employee Based $4,438.20 Time & Attendance Setup Services 30 Employee Based $17,736.00 CMI Time Clock Services 30 Quantity Based $7,000.00
P<!>werDMS ------ ~N EOGOV
Item
Custom Professional Services
25-26 Fiscal Year with Incentive
Item
Insight Subscription
Governmentjobs.com Subscription
Onboard Subscription
Payroll Subscription
Payroll Services Subscription
Schedule EA Subscription
t 800.749. 5104
2120 Park Pl. Suite 100
El Segundo, CA 90245
Type
Services
Term
(Months)
30 NEOGOV
License Type Total (USD)
Quantity Based $0.00
Pro-Rated Term Incentive Applied to Bundle Rate TOTAL: $88,556.96 Type Term License Type Total (USD)
(Months)
Recurring 12 Employee Based $7,317.45
Recurring 12 Employee Based $2,206.05
Recurring 12 Employee Based $4,453.60
Recurring 12 Employee Based $11,835.20
Recurring 12 Employee Based $6,213.48
Recurring 12 Employee Based $7,360.00
Subscription for staff scheduling. Includes calendar view/editor, rotations, trade board, time off, notifications, custom reporting, OT forms, shift bids, and payroll exports. eForms Subscription
Core HR Subscription
Time & Attendance Subscription
26-27 Fiscal Year Incentive Ends, Bundle
Rate Only
Item
Insight Subscription
Governmentjobs.com Subscription
Onboard Subscription
Payroll Subscription
Payroll Services Subscription
Schedule EA Subscription
Recurring 12 Employee Based $6,060.00
Recurring 12 Employee Based $6,933.60
Recurring 12 Employee Based $11,835.20
25-26 Fiscal Year with Incentive TOTAL: $64,214.58
Type Term License Type Total (USD)
(Months)
Recurring 12 Employee Based $7,699.23
Recurring 12 Employee Based $2,332.1 I
Recurring 12 Employee Based $5,845.35
Recurring 12 Employee Based $15,533.70
Recurring 12 Employee Based $8,136.70
Recurring 12 Employee Based $12,880.00
Subscription for staff scheduling. Includes calendar view/editor, rotations, trade board, time off, notifications, custom reporting, OT forms, shift bids, and payroll exports. eForms Subscription Recurring 12 Employee Based $7,953.75 Core HR Subscription Recurring 12 Employee Based $9,100.35 Time & Attendance Subscription Recurring 12 Employee Based $15,533.70 26-27 Fiscal Year Incentive Ends, Bundle Rate Only TOTAL: $85,014.89 Total: I $237,786.43
P<!>werDMS ------ ~ NEOGOV
t 800.749. 5104
2120 Park Pl. Suite 100
El Segundo, CA 90245 NEOGOV
This price does NOT include any sales tax. Total in USO License Terms: Enterprise license denotes that Customer has purchased an enterprise wide license up to the employee count specified above.
User based license denotes that Customer has purchased the number of licenses set forth in the quantity column. Item count denotes the number of items that Customer has licensed as set forth in the quantity column.
Payment Terms: All invoices issued hereunder are due upon the invoice due date. If the Order is for a period longer than one year, the fees for the first period shown shall be invoiced immediately and the fees for future years/periods shall be invoiced annually in advance of each I 2 month period shown on the Order, but regardless of the billing cycle, Customer is responsible for the fees for the entire Order. The fees set forth in this Service Order are exclusive of all applicable taxes, levies, or duties imposed by taxing authorities and Customer shall be responsible for payment of any such applicable taxes, levies, or duties. All payment obligations are non-cancellable, and all fees paid are non-refundable. Payment for services ordered hereunder shall be made to Governmentjobs.com, Inc., (D/B/A NEOGOV).
Terms & Conditions: This Order Form creates a legally binding contract on the parties. Unless otherwise agreed in a written agreement between Governmentjobs.com, Inc. (D/B/A/ NEOGOV), parent company of PowerDMS, Inc., Cuehit, Inc., Ragnasoft LLC (D/B/A/ PlanlT Schedule), and Design PD, LLC (D/B/A Agency360) (collectively, "NEOGOV") and Customer, this Order Form and the services to be furnished pursuant to this Order Form are subject to the terms and conditions set forth here: https://www.neogov.com/service-specifications ("Agreement"). The Effective Date (as defined in the terms and conditions) shall be the Subscription Start Date.
CMI TimeClocks includes:
2x Touch Time 3(windows OS) 3007-A I 032 TT3, BIOMETRIC/MAGSTRIPE@ $3 ,313/ea 2x 2061-019 Power Supplys @ $52/ea
2x 2070-007 PoE+ INJECTOR @ $135/ea
4 Tickets to the NEOGOV 2025 User Conference are included, please reach out when registration opens for the discount code.
Section 6.b of the Agreement is modified by deleting "ninety (90)" from the last sentence of such subsection and replacing it with "one-hundred eighty ( 180)" Section I 0.f of the Agreement is modified by deleting "ninety (90)" from the fourth sentence of such subsection and replacing it with "one-hundred eighty ( 180)" If this Order Form is executed and/or returned to NEOGOV by the Customer after the Subscription Start Date stated in this Order Form, NEOGOV may adjust the Subscription Start Date and the corresponding Subscription End Date, without increasing the total fees, based on the date NEOGOV activates the subscription, provided the total length of the subscription term does not change. Following activation, any adjustments to such Subscription Start Date and Subscription End Date may be confirmed by reference to the invoice sent by NEOGOV.
Your signature below constitutes acceptance of terms herein and contractual commitment to purchase the items listed above.
Accepted and Agreed By: Reedley, City of (CA) Signed By NEOGOV:
Signature: Signature:
Printed Name: Printed Name:
Title: Title:
Date: Date:
THE INFORMATION AND PRICING CONTAINED IN THIS ORDER FORM IS STRICTLY CONFIDENTIAL
[[[I] ITl mo 'J .ll IT.IL
NEOGOV™
SERVICES AGREEMENT
V091024
P<!>werDMS
Digital Management Software
A NE0GOV Company
You agree that by placing an order through a NEOGOV standard ordering document such as an "Order Form", "Service Order," "Ordering Document," "SOW" or other document mutually agreed by the parties detailing the services, pricing and subscription term (each, an "Order Form" for purposes of this Agreement), you agree to follow and be bound by the terms and conditions set forth herein. "Governmentjobs.com", "NEOGOV", "we", and "our" means Govemmentjobs.com, Inc. (D/B/A/ NEOGOV), for and on behalf of itself and its subsidiaries PowerDMS, Inc., Cuehit, Inc. , Ragnasoft LLC (D/B/A/ PlanIT Schedule), and Design PD, LLC (D/B/A Agency360) (collectively, ''NEOGOV" and, where applicable, its other affiliates; "Customer", "you", "your" means the NEOGOV client, customer, and/or the subscriber identified in the Order Form). "Services Agreement" or the "Agreement" shall be used to collectively refer to this NEOGOV Services Agreement, documents incorporated herein including the applicable Order Form, each Addendum (as applicable), and Special Conditions (if any). "Addendum" means each Addendum set forth either as an Exhibit hereto or otherwise made available at https://www.neogov.com/service-specifications (the ''NEOGOV Site") and, as applicable, made a part of this Agreement. "Special Conditions" means individually negotiated variations, amendments and/or additions to this Service Agreement of which are either drafted, or incorporated by reference, into the Order Form.
1. Provision of Services. Subject to the te1ms of this Agreement NEOGOV hereby agrees to provide Customer with access to its SaaS Applications and Professional Services (each defined below) included or ordered by Customer in the applicable Order Form (collectively referred to as the "Services"). In addition, to the extent NEOGOV provides Customer with access to additional NEOGOV software in order to access Customer Data (as defined below) or otherwise enhance product implementation or functionality, Customer's use of such software will be deemed to be part of the Services and the terms and conditions of this Agreement shall apply. Customer hereby acknowledges and agrees that NEOGOV's provision and performance of, and Customer's access to, the Services is dependent and conditioned upon Customer's full performance of its duties, obligations and responsibilities hereunder. This Agreement entered into as of the earlier of: (i) date of your signature on an applicable Order Form; or (ii) use of the Services commences (the "Effective Date"). The Agreement supersedes any prior and contemporaneous discussions, agreements or representations and warranties.
2. Saas Subscription.
a) Subscription Grant. "SaaS Applications" means each proprietary NEOGOV web-based software-as-a-service application that may be set forth on an Order Form and subsequently made available by NEOGOV to Customer, and associated components as described in any written service specifications made available to Customer by NEOGOV (the "Service Specifications"). Subject to and conditioned on Customer's and its Authorized Users' compliance with the terms and conditions of this Agreement, NEOGOV hereby grants to Customer a limited, non-exclusive, non-transferable, and nonsublicensable right to (i) onboard, access and use, and to permit Authorized Users to onboard, access and use, the SaaS Applications specified in the Order Form solely for Customer's internal, non-commercial purposes; (ii) generate, print, and download Customer Data as may result from any access to or use of the SaaS Applications; and (iii) train Authorized Users in uses of the SaaS Applications permitted hereunder (these rights shall collectively be referred to as the "SaaS Subscription"). "Authorized Users" means (1) Customer employees, agents, contractors, consultants ("Personnel") who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Services Agreement and (2) for whom access to the Services has been purchased hereunder. You shall not exceed the usage limits (if any) as detailed in the user tier in the applicable Order Form. You may not access the SaaS Applications if you are a direct competitor of NEOGOV or its affiliates. In addition, you may not access the SaaS Applications for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes. You shall be responsible for each Authorized User's access to and use of the SaaS Applications and compliance with applicable terms and conditions of this Agreement.
b) Subscription Term. Unless otherwise specified in an applicable Order Form, SaaS Subscriptions shall commence on the Effective Date and remain in effect for twelve (12) consecutive months, unless terminated earlier in accordance with this Agreement (the "Initial Te1m"). Thereafter, SaaS Subscriptions shall automatically renew for successive twelve (12) month terms (each a "Renewal Term" and together with the Initial Term, collectively, the "Term") unless a party delivers to the other party, at least thirty (30) days prior to the expiration of the Initial Term or the applicable Renewal Term, written notice of such party's intention to not renew the SaaS Subscriptions, or unless terminated earlier in accordance with this Agreement. The Term for the Services is a continuous and non-divisible commitment for the full duration regardless of any invoice schedule. The purchase of any Service is separate from any other order for any other Service.
Customer may purchase certain Services independently of other Services. Your obligation to pay for any Service is not contingent on performance of any other Service or delivery of any other Service.
NEOGOV™ P<!>werDMS
Digital Management Software
A NEOGOV Company
3. Customer Responsibilities.
a) Managing the Subscription. Customer may use the Service in a manner consistent with the tenns of this Agreement.
Customer will provide NEOGOV all information needed to process the Order Form to activate the subscription and provision the Service to the Customer.
b) Managing Authorized Users. Customer is responsible for managing the Authorized Users on its account on the Service. i) Invitations and Permissions. Customer is responsible for detennining which persons to invite to join the Customer's account on the Service and for all actions by Authorized Users on Customer's account on the Service. Customer is solely in control of the individual pennissions on the Customer's account. ii) Customer Obligations. Customer must: (A) obtain any rights, pe1missions, or consents that are necessary for the Authorized User's lawful use of Customer Data and the operation of the Service; (B) ensure that the transfer and processing of Customer Data under the Agreement is lawful; and (C) respond to and resolve any dispute with an Authorized User relating to or based on Customer Data, the Service, or Customer's failure to fulfill its obligations under the Agreement or applicable law. Customer will not, and will ensure its Authorized Users do not (a) make any of the Services available to anyone other than Authorized Users or use any Services for the benefit of anyone other than Customer and its Authorized Users, unless otherwise agreed in w1iting by the parties, (b) sell, resell, license, sublicense, distribute, make available, rent or lease any of the Services, or include any of the Services in a service bureau or outsourcing offering, unless otherwise agreed in writing by the parties, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of the privacy rights, publicity rights, copyright rights, or other rights of any person or entity, ( d) use the Services to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, virnses, worms, time bombs and Trojan horses, (e) interfere with or disrnpt the integrity or performance of the Services (including, without limitation, activities such as security penetration tests, stress tests, and spamming activity), (f) attempt to gain unauthorized access to the Services or its related systems or networks, (g) disassemble, reverse engineer, or decompile the Services, or modify, copy, or create derivative works based on the Services or any part, feature, function or user interface thereof, (h) remove the copyright, trademark, or any other proprietary rights or notices included within NEOGOV Intellectual Property and on and in any documentation or training materials, or (i) use the Services in a manner which violates the terms of this Agreement, any Order Form or any applicable laws.
4. Professional Services. "Professional Services" shall mean professional services purchased by Customer as detailed in an applicable Order Form or NEOGOV Scope of Work (SOW) describing the work to be performed, fees, and any applicable milestones, dependencies, and other technical specifications or related information. Professional Services include training, set-up, implementation, and best practices of and concerning the SaaS Applications. Professional Services are subject to the terms of the Professional Services Addendum made available on the NEOGOV Site and made a part hereof and may be subject to additional terms pursuant to an SOW and Service Specifications describing, if applicable, the work to be performed, fees, and any applicable milestones, dependencies, and other technical specifications or related information. Order Forms or SOWs must be signed by Customer before NEOGOV shall commence work. If Customer executes a separate SOW, this Agreement and documents incorporated herein (including but not limited to the Professional Services Addendum) shall control in the event of a conflict with the terms of the SOW.
5. Payment Terms.
a) Fees. Customer shall pay all Subscription, Onboarding and Set-Up fees ("Subscription Fees") and Professional Service fees ("Professional Service Fees", collectively the "Fees") as set forth in an Order Form within thirty (30) days of the date ofNEOGOV's invoice. Fees shall be invoiced annually in advance and in a single invoice for each Term. Unless explicitly stated otherwise in an Order Fonn, all payments due under an Order Form are expressed in and shall be paid in U.S. dollars. Invoices shall be delivered to the stated "Bill To" party on the Order Form. Unless explicitly provided otherwise, once placed the Order Form is non-cancellable and sums paid nonrefundable. Any invoiced amount that is not received by NEOGOV when due as set forth in an Order Fonn will be subject to a late payment fee of 1.5% per month or the maximum rate permitted by law, whichever is lower. If any amount owing by Customer is more than 30 days overdue, NEOGOV may, without limiting its other rights and remedies, suspend the Services until such amounts are paid in full. If Subscription Fees are based upon the Authorized User or employee co unt as may be specified in an Order Form, Customer shall owe NEOGOV supplemental Subscription Fees to the extent Customer exceeds the number of Authorized Users or employees set forth in the Order Form. Except as otherwise specifically stated in the Order Form, NEOGOV may change the charges for the Services with effect from the start of each Renewal Term by providing Customer with new pricing at least thirty (30) day notice prior to commencement of a Renewal Term. The new pricing sh all be deemed to be effective if Customer (a) returns an executed Order Form to NEOGOV, (b) remits payment to NEOGOV of the fees set forth in the invoice referencing the new pricing, or (c) the Customer or any of its Authorized Users access or use the Services after the expiration of the previous Tenn. 2 NEOGOV™ P<!>werDMS
Digital Management Software
A NEOGOV Company
b) Taxes. Customer will pay all taxes, duties and levies imposed by all federal, state, and local authorities (including, without limitation, export, sales, use, excise, and value-added taxes) based on the transactions or payments under this Agreement, except those taxes imposed or based on NEOGOV's net income or those exempt by applicable state law.
Customer shall provide NEOGOV with a certificate or other evidence of such exemption within ten (10) days after the Effective Date of this Agreement and thereafter upon NEOGOV 's request therefor. c) Purchase Orders. Any reference to a purchase order in an Order Form or any associated invoice is solely for Customer's convenience in record keeping, and no such reference or any delivery of services to Customer following receipt of any purchase order shall be deemed an acknowledgement of or an agreement to any tenns or conditions referenced or included in any such purchase order. If a purchase order is delivered by Customer in connection with the purchase of Services, none of the terms and conditions contained in such purchase order shall have any effect or modify or supersede the terms and conditions of this Agreement. NEOGOV's failure to object to terms contained in any such purchase order shall not be a waiver of the terms set forth in this provision or in this Agreement.
6. Term and Termination.
a) Te1m. This Agreement shall commence on the Effective Date and shall remain in effect until all SaaS Subscriptions have expired and/or both parties have achieved full performance of Professional Services, unless it is tenninated earlier in accordance with this Agreement.
b) Termination for Cause: Effect of Tennination. Either Party may terminate this Agreement immediately if the other is in material breach of this Agreement and such breach is not cured within thirty (30) days following non-breaching party's written specification of the breach. NEOGOV may suspend the Services or terminate this Agreement immediately in the event the Services or Customer's use of the Services provided hereunder pose a security risk to the Services, NEOGOV or any third party, or become illegal or contrary to any applicable law, rule, regulation, or public policy. Upon expiration or any termination of this Agreement, Customer shall cease all use and refrain from all further use of the Services and other NEOGOV Intellectual Property. Additionally, Customer shall be obligated to pay, as of the effective date of such expiration or tennination, all amounts due and unpaid to NEOGOV under this Agreement. Unless otherwise specified, following 90 days after expiration or terminatin of the Agreement NEOGOV may remove Customer Data from NEOGOV Services and without Customer consent or notice.
7. Audit Rights. Upon reasonable notice, NEOGOV or its agent shall have the right to audit Customer's records relating to its compliance with this Agreement. Customer shall cooperate fully with this audit. If any audit conducted under this Section indicates that any amount due to NEOGOV was underpaid, Customer shall within three (3) business days pay to NEOGOV the amount due. All expenses associated with any such audit shall be paid by NEOGOV unless the audit reveals underpayment in excess of five percent (5%), in which case Customer shall pay such expenses as well as any amount due to NEOGOV.
8. Maintenance; Modifications; Support Services.
a) Maintenance, Updates, Upgrades. NEOGOV maintains NEOGOV's hardware and software infrastructure for the Services and is responsible for maintaining the NEOGOV server operation and NEOGOV database security. NEOGOV may in its sole discretion, periodically modify, Update, and Upgrade the features, components, and functionality of the Services during the Term. "Update" means any update, bug fix, patch or conection of the Services or underlying NEOGOV software that NEOGOV makes generally available to its customers of the same module, excluding Upgrades.
Updates are automatic and available upon Customer's next login to the Services following an Update at no additional cost to Customer. "Upgrade" means any update of the Services or underlying NEOGOV software such as platform updates, and major product enhancements and/or new features that NEOGOV makes commercially available. NEOGOV shall have no obligation to provide Upgrades to customers and retains the right to offer Upgrades free of cost or on a per customer basis at additional cost. NEOGOV shall have no liability for, or any obligations to, investments in, or modifications to Customer's hardware, systems or other software which may be necessary to use or access the Services due to a modification, Update, or Upgrade of the Services. b) Program Documentation: Training Materials. "Program Documentation" shall mean all user guides, trammg, and implementation material, and Service descriptions provided by NEOGOV to Customer in connection with the Services.
NEOGOV hereby grants to Customer a non-exclusive, non-sublicensable, non-transferable license to use, print, and distribute internally via non-public platforms, the Program Documentation during the Term solely for Customer's internal business purposes in connection with its use of the Services. Primary training ofNEOGOV Services is conducted by selfreview ofonline materials. NEOGOV 's pre-built, online training consists of a series of tutotials to introduce the standard features and functions (the "Training Materials"). The Training Materials may be used as reference material by Customer Personnel conducting day-to-day activities.
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A NEOGOV Company
c) Implementation. For Services requiring implementation, NEOGOV implementation supplements the Training Materials and is conducted off-site unless otherwise agreed in the Order Form. For an additional fee as detailed on an applicable Order Form, NEOGOV personnel will provide consultation on best practices for setting up the Services, answer Customer questions during the implementation period, and use commercially reasonable efforts to ensure Authorized User Admins grasp the system. The length of the implementation time is dependent on the type of Service and the Customer's responsiveness. NEOGOV is not responsible or liable for any delay or failure to perform implementation caused in whole or in part by Customer's delay in performing its obligations hereunder and, in the event of any such delay, NEOGOV may, in its sole discretion, extend all performance dates as NEOGOV deems reasonably necessary. d) Support. Phone support for the Services is available to Customer Monday through Friday, excluding NEOGOV holidays.
Customer may submit a request for online support for the Services 24 hours a day, seven days a week, and the NEOGOV support desk will acknowledge receipt of the request within a reasonable time. The length of time for a resolution of any problem is dependent on the type of case.
e) Limitations. Unless otherwise specified in the Order Form, this Agreement does not obligate NEOGOV to render any maintenance or support services that are not expressly provided herein, including, but not limited to data uploads, manual data entry, migration services, data conversion, refinement, purification, reformatting, SQL dump, or process consultation.
9. NEOGOV Intellectual Property Rights.
a) NEOGOV shall exclusively own all right, title and interest in and to all pre-existing and future intellectual property developed or delivered by NEOGOV including all Services, products, systems, software (including any source code or object code) or Service Specifications related thereto, Updates or Upgrades, trademarks, service marks, logos and other distinctive brand features of NEOGOV and all prop1ietary rights embodied therein (collectively, the "NEOGOV Intellectual Property"). This Agreement does not convey or transfer title or ownership of the NEOGOV Intellectual Property to Customer or any of its users. All rights not expressly granted herein are reserved by NEOGOV. Other than recommendation use or as required by law, all use ofNEOGOV trademarks must be pre-approved by NEOGOV prior to use. Trademarks shall include any word, name, symbol, color, designation or device, or any combination thereof that functions as a source identifier, including any trademark, trade dress, service mark, trade name, logo, design mark, or domain name, whether or not registered.
b) Customer may, but is not obligated to, provide NEOGOV with suggestions, ideas, enhancement requests, or other feedback ("Feedback"). If Customer provides any such Feedback to NEOGOV, Customer hereby grants NEOGOV a nonexclusive, perpetual, inevocable, royalty-free license to use all Feedback for any purpose. Feedback is provided to NEOGOV on an "as-is" basis without wananties of any kind.
10. Data Processing and Privacy.
a) Customer Data. "Customer Data" shall mean all data that is owned or developed by Customer, whether provided to NEOGOV by Customer or provided by a third party to NEOGOV in connection with NEOGOV's provision of Services to Customer, including Personnel data collected, loaded into, or located in Customer data files maintained by NEOGOV.
NEOGOV Intellectual Property, including but not limited to the Services and all derivative works thereof, NEOGOV Confidential Infom1ation, and Platform Data do not fall within the meaning of the term "Customer Data". Customer exclusively owns all right, title, and interest in and to all Customer Data. Customer grants NEOGOV a license to host, use, process, display, create non-personal derivative works of, and transmit Customer Data to provide the Services.
NEOGOV reserves the right to delete or disable Customer Data stored, transmitted or published by Customer using the Services upon receipt of a bona fide notification that such content infringes upon the intellectual property rights of others, or ifNEOGOV otherwise reasonably believes any such content is in violation of this Agreement. b) Platform Data. "Platform Data" shall mean any anonymized data reflecting the access to or use of the Services by or on behalf of Customer or any user, including statistical or other analysis and performance information related to the provision and operation of the Services including any end user visit, session, impression, clickthrough or click stream data, as we ll as log, device, transaction data, or other analysis, infonnation, or data based on or derived from any of the foregoing .
NEOGOV shall exclusive ly own all right, title and interest in and to all Platform Data. Customer acknowledges NEOGOV may compile Platform Data based on Customer Data input into the Services. Customer agrees that NEOGOV may use Platform Data to the extent and in the manner petmitted under applicable law. Such anonymized data neither identifies Customer or its users, nor can Customer or any its users can be derived from such data. 4 NEOGOVlM P<!>werDMS
Digital Management Software
A NEOGOV C<,mpany
c) Data Processing Agreement. The parties agree that the terms of the NEOGOV Data Processing Addendum ("DPA") made available on the NEOGOV Site is hereby incorporated herein by reference and made part of this Agreement and governs NEOGOV's processing of Personal Data.
d) Data Responsibilities.
i) NEOGOV will maintain commercially reasonable administrative, physical, and techni cal safeguards for protection of the security, confidentiality and integrity of the Customer Data. Those safeguards will include, but will not be limited to, measures fo r preventing access, use, modification or disclosure of Customer Data by NEOGOV personnel except (a) to provide the Services and prevent or address service or technical problems, (b) as compelled by applicable law, or (c) as Customer expressly permits in writing. Customer acknowledges and agrees that it is commercially reasonable for NEOGOV to rely upon the security processes and measures utilized by NEOGOV's cloud infrastructure providers.
ii) Customer is solely responsible for the development, content, operation, maintenance, and use of Customer Data, including but not limited to compliance with applicable laws. NEOGOV will have no responsibility or liability for the accuracy of the Customer Data prior to receipt of such data into the Services. Without limiting the foregoing, Customer shall be solely responsible for and shall comply with all applicable laws and regulations relating to (a) the accuracy and completeness of all information input, submitted, or uploaded to the Services, (b) the privacy of users of the Services, including, without limitation, providing appropriate notices to and obtaining appropriate consents from any individuals to whom Customer Data relates; and (c) the collection, use, modification, alteration, extraction, retention, copying, external storage, disclosure, transfer, disposal, and other processing of any Customer Data.
NEOGOV is not responsible for lost data caused by the action or inaction of Customer or Auth01ized Users. Unless otherwise mutually agreed in writing, Customer shall not maintain any financial, health, payment card, or similarly sensitive data that imposes specific data security or data protection obligations within the Services. Customer shall provide and institute all appropri ate tools and procedures required to ensure the security of its own information system and, more specifically, to prevent, detect and destroy the occurrence of any viruses. e) Breach Notice. NEOGOV will notify Customer of unauthorized access to, or unauthorized use, loss or disclosure of Customer Data within its custody and contro l (a "Security Breach") within 72 hours ofNEOGOV's confirmation of the nature and extent of the same or when required by applicable law, whichever is earli er. Each party will reasonably cooperate with the other with respect to the investigation and resolution of any Security Breach. If applicable law or Customer's policies require notification of its Authorized Users or others of the Security Breach, Customer shall be responsible for such notification.
f) Data Export. Retention and Destruction. Customer may export or delete Customer Data from the Services at any time during a Subscription Term, using the existing features and functionality of the Services. Customer is solely responsible fo r its data retention obligations with respect to Customer Data. If and to the extent Customer cannot export or delete Customer Data stored on NEOGOV's systems using the then existing features and functionality of the Services, NEOGOV will, upon Customer's written request, make the Customer Data available for export by Customer or destroy the Customer Data. If Customer requires the Customer Data to be exported in a different fo1mat than provided by NEOGOV, such additional services will be subj ect to a separate agreement on a time and materials basis. Except as otherwise required by applicable law, NEOGOV will have no obligation to maintain or provide any Customer Data more than ninety (90) days after the expiration or termination of this Agreement. Customer acknowledges that it is solely responsible for determining any retention requirements with respect to the Customer Data as required by applicable law and NEOGOV disclaims all liability in connection with such determination. In addition, to the extent Customer requests that NEOGOV retain Customer Data beyond the expiration of the retention period required by applicable law, rule or regulation, NEOGOV disclaims all li ability in in connection with retaining such Customer Data including but not limited to any claims related to loss or destruction of such Customer Data. 11 . Third Party Services. The Services may permit Customer and its Authorized Users to access services or content provided by third pa1iies through the Services ("Third Party Services"). Customer agrees that NEOGOV is not the original source and shall not be liab le for any inaccuracies contained in any content provided in any of the Third Party Services. NEOGOV makes no representations, warranties or guarantees with respect to the Third Party Services or any content contained therein. NEOGOV may discontinue access to any Third Party Services through the Services if the relevant agreement with the applicable third pa1iy no longer permits NEOGOV to provide such access. If loss of access to any Third Party Services (to which Customer has a subscription under this Agreement) occurs during a Subscription Term, NEOGOV will refund to Customer any prepaid fees for such Third Party Services cove1ing the remainder of the Subsc1iption Term.
12. Nondisclosure.
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a) Definition of Confidential Information. "Confidential Information" means all information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Customer's Confidential Information includes its Customer Data. NEOGOV Confidential Information includes the NEOGOV Intellectual Property and the Services. The Confidential Information of each party includes the terms and conditions of this Agreement and all Order Forms (including pricing), as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party.
However, Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (c) is received from a third party without breach of any obligation owed to the Disclosing Party, or (d) was independently developed by the Receiving Party.
b) Obligations. The Receiving Party will: (i) use the same degree of care it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care); (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement and (iii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its employees and contractors who need access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not less protective of the Confidential Information than those herein.
c) Exceptions. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
d) Equitable Relief. The patties recognize and agree there may be no adequate remedy at law for breach of the provisions of the confidentiality obligations set fotih in this Section 12, that such a breach may irreparably harm the Disclosing Party and the Disclosing Party is entitled to seek equitable relief (including, without limitation, an injunction) withrespect to any such breach or potential breach in addition to any other remedies available to it at law or in equity.
13. Representations, Warranties, and Disclaimers.
a) Mutual Representations. Each party represents and warrants to the other party that (i) it bas full power and authority under all relevant laws and regulations and is duly authorized to enter into this Agreement; and (ii) to its knowledge, the execution, delivery and performance of this Agreement by such party does not conflict with any agreement, instrnment or understanding, oral or written, to which it is a party or by which it may be bound, nor violate any law or regulation of any court, governmental body or administrative or other agency having jurisdiction over it. b) Additional Customer Representations and Warranties. Customer hereby represents and warrants to NEOGOV that: (1) Customer and Authorized Users have all necessary rights and authority to upload Customer Data to the Service without violating any third party's proprietary or privacy rights, including intellectual property rights; (2) Customer Data does not contain any virnses, worms, Trojan horses, or other harmful or destructive code or content; and (3) Customer will use the Service in compliance with all laws, rules, regulations, and this Agreement. c) Service Performance Warranty. NEOGOV warrants that it provides the Services using a commercially reasonable level of care and skill and in a professional manner in accordance with generally recognized industry standards for similar services.
d) No Other Warrantv. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS WARRANTY SECTION, THE SERVICES AND ANY OTHER INFORJ\llATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND CUSTONlER'S USE OF THE SERVICES IS AT ITS OWN RISK. NEOGOV DOES NOT MAKE, AND
HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEOGOV DOES NOT WARRANT THAT THE SERVICES WILL BE
UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY ERROR WILL BE CORRECTED.
e) Disclaimer of Actions Caused bv and/or Under the Control of Third Parties. NEOGOV DOES NOT AND CANNOT
CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SYSTEM AND OTHER PORTIONS OF THE 6 NEOGOVlM P<!>werDMS
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INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD
PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL
ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND A VOID SUCH EVENTS, NEOGOV CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND
ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR WITH RESPECT TO ANY THIRD PARTY SERVICES.
f) No Medical Advice. Through ce1iain Services, NEOGOV may make certain telehealth related information available to Customer and/or facilitate user access to telemedicine, expert medical services, and/or emergency medical services.
NEOGOV is independent from healthcare providers who provide telemedicine services and is not responsible for such healthcare providers' acts, omissions or for any content or communications made by them. The Services do not provide medical advice and do not create a healthcare provider/patient relationship between Customer and NEOGOV or otherwise. Any Services, or content accessed from the Services, are for informational purposes only and do not constitute medical advice. Customer should seek professional medical advice, diagnosis, and/or treatment for any and all medical conditions, whether as a result of using Services or otherwise. NEOGOV IS NOT RESPONSIBLE OR LIABLE FOR
ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER TREATMENT OR INFORMATION THAT CUSTOMER OR ITS USERS MAY OBTAIN THROUGH THE USE OF THE SERVICES.
14. Indemnification.
a) Customer Indemnitv. To the extent permitted by applicable law, Customer will defend and indemnify NEOGOV from and against any claim, demand, suit or proceeding made or brought against NEOGOV (i) by a third party alleging that any Customer Data infringes or misappropriates such third party's intellectual property rights, (ii) in connection with Customer's violation of any applicable laws, or (iii) any claim or allegation by any third paiiy resulting from or related to Customer's or any of its Authorized User's breach of Section 3 of this Agreement. b) NEOGOV Indemnity. Subject to subsections 14(b)(i) through 14(b)(iii) and 14(c) of this Section, if a third party makes a claim against Customer that any NEOGOV intellectual property furnished by NEOGOV and used by Customer infringes a third party's intellectual property rights, NEOGOV will defend the Customer against the claim and indemnify the Customer from the damages and liabilities awarded by the court to the third-party claiming infringement or the settlement agreed to by NEOGOV.
i) Alternative Resolution. If NEOGOV believes or it is determined that any of the Services may have violated a third party 's intellectual property rights, NEOGOV may choose to either modify the Services to be non-infringing or obtain a license to allow for continued use. If these alternatives are not commercially reasonable, NEOGOV may end the subscription or license for the Services and refund a pro-rata po1iion of any fees cove1ing the whole months that would have remained, absent such early tennination, following the effective date of such early tenrunation. ii) No Dutv to Indemnify. NEOGOV will not indemnify Customer if Customer alters the Service or Service Specifications, or uses it outside the scope of use or if Customer uses a version of the Service or Service Specifications which has been superseded, if the infringement claim could have been avoided by using an unaltered current version of the Services or Service Specifications which was provided to Customer, or if the Customer continues to use the infringing mate1ial after the subscription expires. NEOGOV will not indemnify the Customer to the extent that an infongement claim is based upon any information, design, specification, instruction, software, data, or material not furnished by NEOGOV. NEOGOV will not indemnify Customer for any po1iion of an infringement claim that is based upon the combination of Service or Service Specifications with any products or services not provided by NEOGOV. NEOGOV will not indemnify Customer for infringement caused by Customer's actions against any third party if the Services as delivered to Customer and used in accordance with the terms of the Agreement would not otherwise infonge any third-party intellectual property 1ights. iii) Exclusive Remedy. This Section provides the exclusive remedy for any intellectual property infringement claims or damages against NEOGOV.
c) Indemnification Procedures. In order to receive the indemnities described hereunder, the indemnified party must: (i) promptly notify the indemnifying party, in writing, of any claim; (ii) cooperate reasonab ly with indemnifying party, at the indemnifying party 's expense, in the defense and/or settlement thereof; and (iii) allow the indemnifying party to control the defense and/or settlement thereof except that the indemnifying party may not, without the indemnified party 's prior written consent, enter into any settlement that does not unconditionally release the indemnified party from li ability.
The indemnifi ed party shall have the right to participate in any defense of a claim and/or to be represented by counsel of 7 NEOGOV™ P<!>werDMS
Digital Management Software
A NEOGOV Company
its own choosing at its own expense, provided that ultimate control of such defense shall remain solely with the indemnifying pa1iy.
15. Limitations of Liability.
a) EXCLUSION OF DAMAGES. TO THE MAXHvfUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREETvIENT OR ITS
SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, INCLUDING FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION INV ALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES; (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (d) COST OF REPLACEMENT GOODS OR SERVICES; (e) LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY OR PROFIT, OR LOSS OF REPUTATION; OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY,
SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE
ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE
OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
b) CAP ON MONETARY LIABILITY. EXCEPT FOR DAMAGES ARISING OUT OF LIABILITY WHICH CANNOT
BE LAWFULLY EXCLUDED OR LIMITED, OR CUSTOMER'S OBLIGATIONS TO MAKE PAYMENT UNDER
THIS AGREEMENT, THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY FOR ANY AND ALL CLAIMS
AGAINST THE OTHER PARTY UNDER THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL
OR EQUITABLE THEORY, SHALL NOT EXCEED THE AMOUNT OF ALL PAYMENTS ACTUALLY RECEIVED BY NEOGOV FROM CUSTOMER IN CONNECTION WITH THIS AGREEMENT IN THE 12 MONTH PERIOD PRECEDING THE DA TE OF THE FIRST EVENT INITIALLY GIVING RISE TO SUCH LIABILITY. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT.
16. Reimbursement of Costs in Third Party Litigation. With respect to any litigation or other court proceeding involving Customer and a third patiy, if any subpoena or other legally binding request related to such litigation or court proceeding is served to NEOGOV requesting copies of documents maintained by NEOGOV or otherwise requesting NEOGOV to appear as a witness in any capacity or provide testimony with respect to Customer's documentation, Customer shall reimburse NEOGOV for its out-of-pocket costs associated with compliance with such request, including but not limited to NEOGOV's reasonable attorneys' fees.
17. EOL Products. NEOGOV may, in its discretion, at certain times elect to discontinue development, distribution and/or support of any Service or any elements or versions of any Service, and thereby designate such Service or elements or versions as end of life ("EOL"). In the event that NEOGOV elects to announce EOL for any Service, NEOGOV will provide six (6) months prior notice. Customer will have a period of six (6) months after receipt of such notice to upgrade to the last commercially available (non-EOL) version of the Service, if applicable, or otherwise following the expiration of such six (6) month period, the Service shall be deemed terminated without penalty and a pro rata refund shall be provided to Customer for the remaining term of the Service. During the 6-month notice period, Customer may continue exercising all of the rights set forth in this Agreement with respect to such EOL Service.
18. Text Message Communications. NEOGOV may offer Personnel the opportunity to receive text messages regarding job application or hiring process reminders, applicant status updates, or other human resource related notices. Since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. NEOGOV may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. NEOGOV shall not be liable for any delays, fai lure to deliver, or misdirected delive1y of any ale1i; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. NEOGOV cannot vouch for the technical capabilities of any third parties to receive such text messages. To the extent you utilize text messaging features, NEOGOV shall not be responsible for your use of such features, and you shall indemnify NEOGOV with respect to any damages resulting from your use including but not limited any violations of applicable law. NEOGOV MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO: (a) THE AVAILABILITY OF TELECOMMUNICATION SERVICES; (b) ANY LOSS, DAMAGE, OR OTI-IER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (c) ANY DISCLOSURE OF INFORt\1ATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE SERVICES. 8 NEOGOV1
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19. Publicity. Unless otherwise provided in the applicable Order Form, NEOGOV may identify Customer as one of its customers and use Customer's logo for such purposes, subj ect to any trademark usage requirements specified by Customer.
20. Force Majeure. Except for Customer's payment obligations to NEOGOV, neither party shall be liable for any damages, costs, expenses or other consequences incurred by the other party or by any other person or entity for any act, circumstance, event, impediment or occunence beyond such party's reasonable control, including, without limitation: (a) acts of God; (b) changes in or in the interpretation of any law, rul e, regulation or ordinance; (c) strikes, lockouts or other labor problems; (d) transportation delays; (e) unavailability of supplies or materials; (f) fire or explosion; (g) riot, pandemic, military action or usurped power; (h) actions or failures to act on the part of a governmental authority; (i) internet service interruptions or slowdowns, vandalism or cyber-attacks, or U) any other cause beyond the reasonable control of such party. 2 1. Independent Contractor; No Third Partv Beneficiary: Fulfillment Partners. The relationship of the parties shall be deemed to be that of an independent contractor and nothing contained herein shall be deemed to constitute a partnership between or a j oint venture by the parties hereto or constitute either party the employee or agent of the other. Customer acknowledges that nothing in this Agreement gives Customer the right to bind or commit NEOGOV to any agreements with any third parties.
This Agreement is not for the benefit of any third party and shall not be deemed to give any right or remedy to any such party whether refened to herein or not. NEOGOV may designate any third-party affiliate, or other agent or subcontractor (each a "Fulfillment Partner"), without notice to, or the consent of, Customer, to perfom1 such tasks and functions to complete any Services.
22. Entire Agreement; Amendment; Addendum. This Services Agreement, the Exhibits hereto, each Addendum (as may be applicable pursuant to the terms therein) and documents incorporated herein, the applicable Order Form, and Special Conditions (if any) constitute the entire agreement between the parties with respect to the subj ect matter hereof and supersede all prior or contemporaneous oral and written statements of any kind whatsoever made by the parti es with respect to such subj ect matter. It is expressly agreed that the terms of this Agreement and any NEOGOV Order Form shall supersede the terms in any non-NEOGOV purchase order or other ordering document. Notwithstanding the foregoing, any conflict of terms shall be resolved by giving priority in accordance with the fo llowing order: 1) Special Conditions (if any), 2) NEOGOV Order Form, 3) the NEOGOV Services Agreement, and 4) incorporated documents (including the Exhibits and each applicable Addendum). This Agreement supersedes the terms and conditions of any clickthrough agreement associated with the Services.
This Agreement may not be modified or amended (and no rights hereunder may be waived) except through a written instrument signed by the pa1i ies to be bound. If you are subscribing for the HRIS or PowerEngage Platform, you hereby specifically agree to the terms of the applicable Addendum set forth on the NEOGOV Site. In addition, certain Services may disclose the use of artificial intelligence, in which case, Customer hereby agrees to the terms of the AI Addendum set fo1ih on the NEOGOV Site.
23. General.
a) Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of California, without giving effect to conflict of law rules. Any legal action or proceeding relating to this Agreement sh all be instituted only in any state or federal court in Los Angeles, Califo rnia. b) Severability. If any provision of this Agreement is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement will continue in full force and effect.
Provisions that surv ive termination or expiration are those relating to, without limitation, accrued 1ights to payment, acknowledgements and reservations of proprietary rights, confidentiality obligations, wan anty disclaimers, and limitations of liability, and others which by their nature are intended to survive. c) Notices. All notices or other communications required or permitted hereunder shall be in w1iting and shall be deemed to have been duly given either when personally delivered, one (1 ) business day fo llowing delivery by recognized overnight courier or electronic mail, or three (3) business days fo llowing deposit in the U.S. mail, registered or certifi ed, postage prepaid, return receipt requested. All such communications shall be sent to (i) Customer at the address set forth in the Order Form and (ii) NEOGOV at the address specified in the applicable Order Form. d) Waiver. The waiver, express or implied, by either party of any breach of this Agreement by the other party will not waive any subsequent breach by such party of the same or a different kind. This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which taken together shall constitute one and the same instrument.
e) Electronic Delivery. Delivery of a copy of this Agreement or an Order Form bearing an original signature by electroni c mail or by any other electronic means will have the same effect as physical delivery of the paper document bearing the original signature.
9 NEOGOV™ P<!>werDMS
Digital Management Software
A NEOGOV Company
f) Assignment. Customer may not assign this Agreement without the express w1itten approval ofNEOGOV Any attempt at assignment in violation of this Section shall be null and void. g) Construction. The parti es intend this Agreement to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The exhibits, addendum, schedules, attachments, and appendices refeITed to herein are an integral part of this Agreement to the same extent as if they were set forth verbatim herein. N h) Subcontractors. For purposes of this Agreement, including any subsequent documentation requested by Customer pursuant to this Agreement, the term "subcontractors" shall exc lude subcontractors (i) who perform routine software development and maintenance services which are not specific to the Customer, (ii) subcontractors who will not have any access to Customer Data, and (iii) subcontractors who have access to Customer Data solely within NEOGOV's or Customer's systems.
10 NEOGOV™ P<!>werDMS
Digital Management Software
A NEOGOV Comp.ony
Exhibit A
Government Customer Addendum
If Customer is a Government Customer, the following Government Customer Addendum ("Government Addendum") forms pa1t of the Services Agreement, and in the case of any conflict or inconsistency between the terms and provisions of this Addendum and any other provision of the Services Agreement, the terms of this Government Addendum shall control. For purposes hereof, a "Government Customer" means a Customer which is a (a) U.S. Federal agency, (b) state government, agency, department, or political subdivision (including a city, co unty or municipal corporation), or (c) instrumentality of any of the foregoing (including a municipal hospital or municipal hospital distri ct, poli ce or fire department, public library, park district, state college or university, Indian t1ibal economic development organization, or port authority).
1. Applicability. The provisions of this Addendum shall apply only if Customer is a Government Customer under the Services Agreement.
2. Termination for Non-Appropriation of Funds on Multi-Year Deals. Customer represents that it has received suffic ient approp1iation of funds by the applicable legislature (or other appropriate governmental body) ("Governmental Appropriation") for the first year of the term of any Order Form executed by Customer (the "First Year" and all such years following the First Year which are included in the term of an Order Form, the "Future Years"). If Customer is subj ect to federal, state or local law which makes Customer's financial obligations under this Services Agreement contingent upon Governmental Appropriation, and if such funds are not forthcoming or are insuffic ient due to failure of such Governmental Appropriation, then Customer will have the tight to terminate the then remaining po1t ion of any Future Years under the Services Agreement at no additional cost and with no penalty by giving prior written notice documenting the lack of funding. Customer will provide at least thi1ty (30) days advance written notice of such termination. Customer will use reasonable efforts to ensure appropriated funds are available. It is expressly agreed that Customer shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis, which affects generally its fiscal operations. If Customer terminates the Services Agreement under this Section 2, Customer agrees not to replace the Services with functionally similar products or services for a period of one year after the termination of the Services Agreement.
3. Indemnification. If Customer is prohibited by federal, state or local law from agreeing to hold harml ess or indemnify third parties, Section 14(a) and the indemnification provision included in Section 18 of the Services Agreement shall not apply to Customer, to the extent disallowed by applicable law.
4. Open Records. If the Customer is subj ect to federal or state public records laws, including laws styled as open records, freedom of information, or sunshine laws ("Open Records Laws") the confidentiality requirements of Section 12 of the Services Agreement apply only to the extent permitted by Open Records Laws applicable to the Customer. This Section is not intended to be a waiver of any of the provisions of the applicable Open Records Laws, including, without limitation, the requirement for the Customer to provide notice and opportunity for NEOGOV to asse1t an exception to disclosure requirements in accordance with the app licable Open Records laws.
5. Cooperative Purchasing. As permitted by law, it is understood and agreed by Customer and NEOGOV that any (i) federal, state, local, tribal, or other munic ipal government (including all administrative agencies, depmiments, and offices thereof); (ii) any business enterprise in whi ch a federal, state, local, tiibal or other municipal entity has a full, majority, or other controlling interest; and/or (iii) any public school (including without limitation K-12 schools, colleges, universities, and vocational schools) (collectively referred to as the "New Entity") may purchase the Services specified herein in accordance with the terms and conditions of this Agreement. It is also understood and agreed that each New Entity will establish its own contract with NEOGOV, be invoiced therefrom and make its own payments to NEOGOV in accordance with the terms of the contract established between the New Entity and NEOGOV. W ith respect to any purchases by a New Entity pursuant to this Section, Customer: (i) shall not be construed as a dealer, re-marketer, representative , partner or agent of any type of NEOGOV, or such New Entity; (ii) shall not be obligated, liable or responsibl e for any order made by New Entities or any employee thereof under the agreement or for any payment required to be made with respect to such order; and (iii) shall not be obliged, liab le or responsible for any failure by any New Entity to comply with procedures or requirements of app licable law or to obtain the due authorization and approval necessary to purchase under the agreement. Termination of this Agreement shall in no way limit NEOGOV from so li citing, entering into, or continuing a contractual relationship with any New Entity. Any New Entity who purchases Services under this Section hereby represents that is has the authority to use this Services Agreement for the purchase and that the use of the Services Agreement for the purchase is not prohibited by law or procurement regulations app licable to the New Entity.
11 NEOGOV™ P<!>werDMS
Digital Management Software
A NEOGOV Comp=y
Exhibit B
Integration Terms Addendum
NEOGOV offers integrations and pl atform APis for integrations to third party systems ("Integration Services"). Customer may use only those Integration Services purchased or subscribed to as listed within the NEOGOV Order Form. The fo llowing terms (the "Integration Terms Addendum") shall apply to the extent that Customer utilizes a system integration between the Services and either: (a) an affiliated integrated service, including those found at https://api.neogov.com/connect/marketplace.html ("Affiliated API") or to the extent that Customer utilizes a system integration between the Services and an unaffiliated third-party service ("Customer Application") integrated using NEOGOV's open API ("Open API"). Integration Services are not avail able for HRIS Services and this Exhibit B shall not apply to HRIS Services.
1. Provision of Integrations. Subject to and conditioned on compliance with all terms and conditions set forth in this Agreement, NEOGOV hereby grants Customer a limited, revocabl e, non-exclusive, non-transferable, non-sub licensable license during the applicable Term to use and/or access the Affiliated API as described in this Agreement, or the Open API for communication between Customer's human resource related third application(s) that will interoperate with NEOGOV Services (collectively these uses shall be referred to as the "API" or "Integration"). Customer acknowledges there are no implied licenses granted under this Agreement. NEOGOV reserves all rights that are not expressly granted.
Customer may not use the API for any other purpose without our prior written consent. Customer may not share the API with any third party, must keep the API and all log-in information secure, and must use the API key as Customer sole means of accessing the API.
2. Integration Intellectual Property. All right, title, and interest in the API and any and all information, data, documents, materials, inventions, technologies, know-how, descriptions, requirements, plans, reports, works, intellectual property, software, hardware, systems, methods, processes, and inventions, customizations, enhancements, improvements and other modifications based on or derived from the API are and will remain, as appropriate, with NEOGOV. All right, title, and interest in and to the third-party materials, includingall intellectual property rights therein, are and will remain with their respective third-party rights holders subject to the terms and conditions of the applicable third-party license agreements. Customer has no right or license with respect to any third-party materials except as expressly licensed under such third-party license agreements.
3. Integration Tenns of Use. Except as expressly authorized under this Agreement, you may not remove any prop1ietary notices from the API; use the API in any manner or fo r any purpose that infringes, misappropriates, or otherwise violates any intellectual property rightor other right of any person, or that violates any applicable law; combine or integrate the API with any software, technology, services, or materials not authorized by NEOGOV; design or permit Customer Application(s) to disable, ovenide, or otherwise interfere with any NEOGOV-implemented communications to end users, consent screens, user settings, alerts, warning, or the like; use the API in any of Customer Application(s) to replicate or attempt to replace the user experience of the Services; or attempt to cloak or conceal Customer identity or the identity of Customer Application(s) when requesting authorization to use the API.
4. Customer Integration Responsibilities. Customer, Customer developed web or other software services or applications, and Customer third-party vendors that integrate with the API (collectively the "Customer Applications"), shall comply with all terms and conditi ons of this Agreement, all applicable laws, rules, and regulations, and all guidelines, standards, and requirements that may be posted on https://api.neogov.com/connect/index.html fro m time to time. In addition, Customer will not use the API in connection with or to promote any products, services, or materials that constitute, promote, or are used primarily for the purpose of dealing in spyware, adware,or other malicious programs or code, counterfeit goods, items subj ect to U .S. embargo, unsolicited mass distribution of email ("spam"),multi-level marketing proposals, hate materials, hacking, surveillance, interception, or descrambling equipment, libelous, defamatory, obscene, pornographic, abusive, or otherwise offensive content, stolen products, and items used for theft, hazardous materials, or any illegal activities.
5. Cooperation. If applicable, Customer shall timely provide such cooperation, assistance, and information as NEOGOV reasonably requests to enable the API. NEOGOV is not responsible or liable fo r any late delivery or delay or fa ilure of performance caused in wholeor in part by Customer's delay in performing, or failure to perfom1, any of its obligations under this Agreement. NEOGOV will provide Customer maintenance and support services for API issues arising from the information technology designed, developed, and under then current control ofNEOGOV. NEOGOV shall have no obligati on to provide maintenance or sup port fo r issues arising from the inaction or action of Customer or third parties of whi ch are outside NEOGOV control.
6. Provision of Open API. In the event li cense fees or other payments are not due in exchange fo r the right to use and access the Open API, you acknowledge and agree that this arrangement is made in considerati on of the mutual covenants set fo rth 12 NEOGOV™ P<!>werDMS
Digital Management Software
A NEOGOI/ Comp4ny
in this Agreement, including, without limitation, the disclaimers, exclusions, and limitations of liability set forth herein.
Notwithstanding the foregoing, NEOGOV reserves the right to charge for access with effect from the sta1i of each Renewal Term by giving Customer at least ninety (90) day notice prior to commencement of a Renewal Term.
7. API Key. In order to use and access the Open API, you must obtain an Open API key through the registration process.
Customer agrees to monitor Customer Appli cations for any activity that violates applicable laws, rules and regulation, or any terms and conditions of this Agreement, including any fraudulent, inappropriate, or potentially harmful behavior.
This Agreement does not entitle Customer to any support for the Open API. You acknowledge that NEOGOV may update or modify the Open API from time to time and at our sole discretion and may require you to obtain and use the most recent version(s). You are required to make any such changes to Customer Applications that are required for integration as a result of such Update at Customer sole cost and expense. Updates may adversely affect how Customer Applications communicate with the Services.
8. Efficient Processing. You must use efficient programming, which will not cause an overwhelming number of requests to be made in too short a period of time, as-determined solely by NEOGOV. If this occurs, NEOGOV reserves the right to throttle your API connections,or suspend or terminate your access to the Open API. NEOGOV shall use reasonable effo1is to provide Customer notice and reasonable time to cure prior to taking such actions.
9. Open API Limitations. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL NEOGOVBE LIABLE TO CUSTOivIER OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT,
NEGLIGENCE, STRICTLIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, LOST
PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF
BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE OPEN API; OR ANY DAMAGES, IN THE
AGGREGATE, IN EXCESS OF FIFTY DOLLARS, EVEN IF NEOGOV HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE OR NEOGOV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIM YOU
MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM.
10. Open API Termination. Notwithstanding the additional Tem1ination rights herein, NEOGOV may immediately terminate or suspend Customer access to Open APis in our sole discretion at any time and for any reason, with or without notice or cause. In addition, your Open API subscription will terminate immediately and automatically without any notice if you vio late any of the terms and conditions of this Agreement. 13 Minutes
COMMUNITY SERVICES COMMISSION
Thursday,August22,2024
A regular meeting of the Community Services Commission was called to order at 4:32 p.m. by Darren Minami, Chairperson, in the Redwood Room at the Reedley Community 100 N. East Ave, Reedley, California 93654.
1. ROLL CALL AND INTRODUCTION OF GUESTS
A. Commissioners Present: Darren Mina.mi Chairperson; Shirley Ito Vice Chairperson; David Carter, Angelina Rodriguez, Maria Rodriguez B. Commissioners Absent: Jenny Peters
C. Youth Representatives: Absent- none
D. Staff Present: Sarah Reid, Community Services Director; Kayla Cheney, Administrative Assistant;
E. Others: none
2. AGENDA APPROVAL
Reid asked if item 7 A can be removed from the agenda. It was moved by Commissioner Carter, seconded by Commissioner Ito that the agenda of August 22, 2024 be approved with item 7 A being removed from the agenda. The motion carried.
3. APPROVAL OF MINUTES
It was moved by Commissioner Carter, seconded by Commissioner M.
Rodriguez that the minutes of June 27, 2024 be approved. The motion carried.
4. PUBLIC DISCUSSION - None.
5. ORAL AND WRITTEN COMMUNICATIONS
The annual Airport Open House flyer was shared with the Commission inviting all Commissioners out to the airport on Saturday, October 5 from 9:00am-12:00pm.
Reid shared Reedley College will be participating in the event. It is always a fun event! Reid stated Joseph Oldham is the guest speaker who is also on the Airport Commission with the City of Reedley. Reid shared Oldham has a wealth of knowledge in the aviation world. Airplane rides will be provided for those 8-18 meeting the 48" height restriction. Reedley College plans to have their simulator in the pilot's lounge. Static airplanes will also be on display, and lunch will be provided.
6. NEW BUSINESS
A. Workplace Violence Training SB 553 Video- Reid shared with the Commission a Workplace Violence Training video is now a state law for all City employees and Commissioners to watch once a year, this will take less than 30 minutes.
7. YOUTH REPRESENTATIVE REPORTS -
A. Adelina Villarreal- Villarreal shared school is stressful, but good as a senior.
Villarreal Just got a lamb.
Minutes
COMMUNITY SERVICES COMMISSION
Thursday,August22,2024
B. Guadalupe Rodriguez- Rodriguez shared she was elected as vice president for Academic Decathlon. Rodriguez shared golf season has begun.
Rodriguez is busy taking four ap classes. Rodriguez will also be participating in History Day.
Reid shared Tuesday, September 10, at 7:00pm Youth Representatives Villareal and Rodriguez will be introduced to City Council. Reid invited Commissioners to attend if available.
8. STAFF REPORT
Reid shared the summer programs wrapped up nicely and were very successful.
Reid shared free swim lessons did not receive a strong commitment level this summer. Staff shared free swim lessons fell on the week of the 4th of July, which may be the reason commitment levels were lower this summer. For next year, staff plans to avoid this week for free swim lessons. For the past two years free swim lessons were always very successful and heavily attended. 120 students were signed up for free swim lessons this year. Fall programs are underway; registration for girls' volleyball, flag football and cheer are open. Adult volleyball registration is also open for registration. Reid shared the upcoming OctoberDecember newsletter will be coming out soon, and distributed at the next Commission meeting. Senior Prom is Friday, September 13, registration is still open.
Reid stated the spacenet is still underway, within the next two weeks this should be back up and operating.
The north soccer phase at the Sports Park is underway. The light poles are up.
Reid shared one challenge will be the grass and keeping the public off of this area to germinate properly without any issues. Caution tape and barricade will be surrounding this area to keep people off. This section will not open up till after the 1st of the year. Commissioner Carter asked what will be added to the Sports Park construction project? Reid shared additional parking will be added, where the current gravel parking is located this will become paved parking, with an additional overfull parking lot. Practice fields with green open space with lights for sports teams to practice. Sidewalks will be completed around the portion of the park where the construction is being done and connect with the existing park and sidewalks.
Camacho Park design phase of the project will be rolling out after the 1st of the year.
Reid shared Fiesta is Saturday, October 12. Larry Harder, Rosa Hernandez are the race directors and help coordinate the event alongside Reedley Parks and Recreation and the City of Reedley.
Minutes
COMMUNITY SERVICES COMMISSION
Thursday,August22,2024
Reid shared Kayla Cheney is currently expecting. Reid shared Cheney will be going out sometime during the holidays. Silvia Rodriguez will be filling in for Cheney while Cheney is out.
9. COMMISSIONER COMMENTS
Commissioner Minami shared Fiesta is around the corner and Minami plans to volunteer. Minami shared replacement of the pool scoreboard at the High School has begun. Commissioner Mianmi shared he participated in pickleball for the first time, and had a great time. Commissioner Carter plans to volunteer and run in the Fiesta Race. Commissioner Carter shared the Reedley Splash Park is a beautiful space where families gather and enjoy the space which is wonderful to see. Commissioner Carter is still interested in putting a walking group together with the City of Reedley. Commissioner M. Rodriguez is running in a half marathon! Commissioner M. Rodriguez shared she has been busy training for the race. Commissioner A. Rodriguez has been keeping an eye on the spacenet at Citizens Park, she is glad the repair is almost complete. Commissioner Ito plans to help with Fiesta. Commissioner Ito shared pickleball at the high school is going well. On Saturday there were over 20+ participants. Commissioner Ito shared there are pickleball players of all ages that go out to play. Reid shared a pickleball league is in the future, this is a work in progress. This will hopefully rollout within the next year. Commissioner Ito participated in Coffee with the City which was a nice event with great information. Ito shared she is now an ambassador with the Greater Reedley Chamber of Commerce.
10. ADJOURNMENT
As there was no further business to discuss, the meeting was adjourned at 5:53pm
Respectfully submitted,
YOermn Minami, P.+4~~~~
V \,i ,r-\e.~
Vil~e ~,r1e.l"S:)~
REEDLEY CITY COUNCIL
DATE: December 17, 2024
D Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
[gl Receive/Review
ITEM NO: Jq ----
TITLE: RECEIVE, REVIEW, AND FILE THE 2023-24 FISCAL YEAR ANNUAL
DEVELOPMENT IMPACT FEE REPORT
SUBMITTED: Paul A. Melikian, Assistant City Manager~
APPROVED: Nicole R. Zieba, City Manager ~
RECOMMENDATION
That the City Council receive, review, and file the attached FY 2023-24 Annual Developer Impact Fee Report, in compliance with Government Code Section 66006(a) and (b). No action is required other than to receive, review, and file the report, which will also be uploaded to the Financial Information page of the City's website.
BACKGROUND
A Development Impact Fee is a monetary exaction other than a tax or special assessment that is charged by a local governmental agency to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project. (Gov't Code§ 66000(b).) Agencies that collect and utilize Developer Impact Fees are required to provide information on each fund or account established for the collection of impact fees.
Within 180 days after the last day of each fiscal year, this information must be made available to the public for the period covered by that fiscal year. The information must provide the following :
1. A brief description of the type of fee in the fund.
2. The amount of the fee.
3. The beginning and ending balances of the fund .
4. The amount of fees collected and the interest earned .
5. An identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the improvement that was funded with Impact fees.
6. An identification of an approximate date by which the construction of the public improvement will commence if the City determines that sufficient funds have been collected to complete financing on an incomplete public improvement.
7. A description of each inter-fund transfer or loan made from the fund, including the public improvement on which the transferred or loaned fees were expended ; and in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that will be received on the loan.
8. The amount of refunds made per Government Code Section 66001 (e).
Once the information is made available to the public, but not less than 15 days from the date it is made available, the City Council must review the information at its next regularly scheduled meeting. The 2023-24 Impact Fee Report provides information on the following infrastructure service types (funds):
• Fund 100 - Transportation Facilities • Fund 105 - Wastewater Facilities • Fund 102 - Law Enforcement Facilities • Fund 109 - Park & Recreation Facilities • Fund 103 - Fire Facilities • Fund 110 - General Govt Facilities • Fund 104 - Storm Drainage Facilities • Fund 111 - Water Facilities The attached report includes a summary for all funds and individual pages that provide detail of activity by infrastructure service type. Current Development Impact Fees are published in the Citywide Master Fee Schedule, and were comprehensively updated this year.
FISCAL IMPACT
There is no fiscal impact as a result of filing this annual report.
ATTACHMENTS
2023-24 Development Impact Fee Report
City of Reedley
Development Impact Fee
Annual Report
Fiscal Year 2023-24
Table of Contents
Impact Fee Summary .... ..... .................... ... .. ... ........ ..... .. ... ..... ...... .... ... ... ........................... .. ... ... 1 Transportation Facilities ... .. ................... ... ... ..... ... ...... ............ .......... .. ............. .. .. ..... ... ... .. ........ . 2 Law Enforcement Facilities ..... ................................. ................... .................................. .......... . 3 Fire Facilities ...... .... ............................ ..... ... .... .. ...... ......... .. ... ........... ...... ... ... ... .. .. ... ...... ....... ...... 4 Storm Drain Facilities .... ...... ..... ........ ....... .. ........ ... .. .. .... .. ........... ............. ... ...... .... .......... ...... ..... 5 Wastewater Facilities .... ... ... ....................... ... ........... .. ........... .. ...... .... .......... ..... ....... ................. 6 Park & Recreation Facilities .. .... .... ..... .. ...................... ............................................... ... ...... ..... . 7 General Government Facilities .... ... .. .. ..... .. ..... ..... ...... ......... ..... ..... ... .... ..... .... .......... .. ... .. .... ...... . 8 Water Facilities .............. .. .... ... ...... ..... ......... .................. ..... ...... ............. ............ .... ... .... ... .. ..... .. 9 Schedule of Development Impact Fees (Excerpt from Citywide Master Fee Schedule) ... ...... . 10 Summary Annual Development Impact Fee Report for FY 2023-24 Fund 100 - Transportation Facilities $ 1,785,382 $ 1,008,315 $ 51,026 $ 2,742,671 $ 353,500 $ 84,858 $ 3,011,313 Fund 102 - Law Enforcement Facilities $ 39,255 $ 27,755 $ 39,360 $ 27,650 $ 10,250 $ 6,127 $ 31,773 Fund 103 - Fire Facilities $ 251,118 $ 190,753 $ 41,436 $ 400,435 $ 101,500 $ 12,157 $ 489,778 Fund 104 - Storm Drain Facilities $ 1,506,944 $ 810,807 $ 252,655 $ 2,065,096 $ 303,000 $ 63,570 $ 2,304,526 Fund 105 - Wastewater Facilities $ 988,299 $ 417,372 $ 551,681 $ 853,990 $ 202,500 $ 12,359 $ 1,044,131 Fund 109 - Parks & Recreation Facilities $ 605,231 $ 488,488 $ 3,276 $ 1,090,443 $ 175,500 $ 1,155,000 $ 110,943 Fund 110 - General Government Facilitie $ 34,839 $ 17,143 $ 9,984 $ 41,998 $ 10,050 $ 35,516 $ 16,532 Fund 111 - Water Facilities $ 611,797 $ 465,541 $ 70,728 $ 1,006,610 $ 202,500 $ 15,893 $ 1,193,217 Total $ 5,822,866 $ 3,426,174 $ 1,020,146 $ 8,228,894 $ 1,358,800 $ 1,374,964 $ 8,212,730 Fund 100 - liriansportation Facilities
Beginl'ling Fund Balance $ 1,785,382 I
Revenue 2023-24
Development Impact Fees $ 886,744
Investment Interest $ 121,571
$ 1,008,315
Expenditures 2023-24
DIF Administration Services $ 21,456
DIF Set Aside $ 29,570
$ 51,026
Ending Fcmd Balance $ 2,142,611 I
Revenue 2024-25
Development Impact Fees $ 350,000
Investment Interest $ 3,500
$ 353,500
Appropriations 2024-25
DIF Administration Services $ 41,629
Developer Improvements $ 43,229
$ 84,858
Projected Ending Resources Available $ 3,011,313
2 Annual Development Impact Fee Report 2023-24
F.und 102 - Law Enforcement Facilities
Beginning Fund Balance $ 39,255 I
Revenue 2023-24
Development Impact Fees $ 25,504
Investment Interest $ 2,251
$ 27,755
Expenditures 2023-24
DIF Administration Services $ 488
Animal Shelter $ 38,872
$ 39,360
Ending Fund Balance $ 27,650
Revenue 2024-25
Developer Impact Fees $ 10,000
Investment Interest $ 250
$ 10,250
Appropriations 2024-25
DIF Administration Services $
Prior Year POs $ 6,127
$ 6,127
Projected Ending Resources Available $ 31,113 I
3 Beginning Fund Balance $ 2s1,11s I
Revenue 2023-24
Development Impact Fees $ 172,604
Investment Interest $ 18,149
$ 190,753
Expenditures 2023-24
DIF Administration Services $ 2,564
Cricket Hollow Storage Project $ 38,872
$ 41,436
Ending Fund Balance $ 400,43s I
Revenue 2024-25
Development Impact Fees $ 100,000
Investment Interest $ 1,500
$ 101,500
Appropriations 2024-25
DIF Administration Services $ 6,030
Prior Year POs $ 6,127
$ 12,157
Projected Ending Resources Available $ 489,778
4 Beginning Fund Balance $ 1,so6,944 I
Revenue 2023-24
Development Impact Fees $ 711,738
Investment Interest $ 99,069
$ 810,807
Expenditures 2023-24
DIF Administration Services $ 14,660
DI F Set Aside $ 22,066
Olson Sewer Main Project $ 215,929
$ 252,655
Ending Fund Balance $ 2,065,096
Revenue 2024-25
Development Impact Fees $ 300,000
Investment Interest $ 3,000
$ 303,000
Appropriations 2024-25
DIF Administration Services $ 29,529
Prior Yr PO's $ 34,041
$ 63,570
Projected Ending Resources Available $ 2,304,526
5 Fund 105 - Wastewater Facilities
Beginning Fund Balance $ 988,299
Revenue 2023-24
Development Impact Fees $ 375,972
Investment Interest $ 41,400
$ 417,372
Expenditures 2023-24
DIF Administration Services $ 7,968
DIF Set Aside $ 93,713
Manning Ave Phase 3 Project $ 450,000
$ 551,681
Ending Fund Balance $ 853,990
Revenue 2024-25
Development Impact Fees $ 200,000
Investment Interest $ 2,500
$ 202,500
Appropriations 2024-25
DIF Administration Services $ 12,359
$ 12,359
Projected Ending Resour.ces Available $ 1,044,131
6 Fund 109 - Parks & Recreation Facilities
Beginning Fund Balance $ 605,231
Revenue 2023-24
Development Impact Fees $ 443,176
Investment Interest $ 45,312
$ 488,488
Expenditures 2023-24
DIF Administration Services $ 3,276
$ 3,276
Ending Fund Balance $ 1,090,443 I
Revenue 2024-25
Development Impact Fees $ 175,000
Investment Interest $ 500
$ 175,500
Appropriations 2024-25
DIF Administration Services $
Prior Year POs $ 1,155,000
$ 1,155,000
Projected Ending Resources Available $ 110,943
7 Annual Development Impact Fee Report 2023-24
Fund 110 - General Government Facilities
Beginning Fund Balance $ 34,839 I
Revenue 2023-24
Development Impact Fees $ 14,973
Investment Interest $ 2,170
$ 17,143
Expenditures 2023-24
DIF Administration Services $ 424
Camera Project $ 9,560
$ 9,984
Ending Fund Balance $ 41,998 I
Revenue 2024-25
Development Impact Fees $ 10,000
Investment Interest $ 50
$ 10,050
Appropriations 2024-25
Prior Year POs $ 10,516
City Hall Remodel $ 25,000
$ 35,516
Projected Ending Resources Available $ 16,532
8 , , , ,,.~.--, ,,, ,, ,,, , Ar,nual Deveitipm'e'nt Impact.Fee Report 2023-24 Fund 111 - Water Facilities
Beginning Fund Balance $ 611,797
Revenue 2023-24
Development Impact Fees $ 423,414
Investment Interest $ 42,127
$ 465,541
Expenditures 2023-24
DIF Administration Services $ 5,632
DIF Set Aside $ 65,096
$ 70,728
Ending Fund Balance $ 1,006,610 I
Revenue 2024-25
Development Impact Fees $ 200,000
Investment Interest $ 2,500
$ 202,500
Appropriations 2024-25
DIF Administration Services $ 15,893
Prior Year POs $
$ 15,893
Priojected Ending Resources Available $ 1,193,217
9 City of Reedley Master Fee Schedule
Community Development Department
Developer Impact Fee Detail by Infrastructure Service Type:
Transportation
Expansion Area
Single Family (per dwelling unit)
Multi-Family (per dwelling unit)
Accessory Unit (per dwelling unit)
Commercial/Retail (per 1,000 sq . ft.)
Industrial/Warehouse (per 1,000 sq. ft.)
Public/Institutional (per 1,000 sq. ft.)
City Center
Single Family (per dwelling unit)
Multi-Family (per dwelling unit)
Accessory Unit (per dwelling unit)
Commercial/Retail (per 1,000 sq. ft.)
Industrial/Warehouse (per 1,000 sq . ft.)
Public/Institutional (per 1,000 sq. ft.)
In-fill Area
Single Family (per dwelling unit)
Multi-Family (per dwelling unit)
Accessory Unit (per dwelling unit)
Commercial/Retail (per 1,000 sq. ft.)
Industrial/Warehouse (per 1,000 sq. ft.)
Public/Institutional (per 1,000 sq. ft.)
Developer Impact Fee Detail by Infrastructure Service Type:
Law Enforcement
Expansion Area
Single Family (per dwelling unit)
Multi-Family (per dwelling unit)
Accessory Unit (per dwelling unit)
Commercial/Retail (per 1,000 sq. ft.)
Industrial/Warehouse (per 1,000 sq. ft.)
Public/Institutional (per 1,000 sq . ft.)
City Center
Single Family (per dwelling unit)
Multi-Family (per dwelling unit)
Accessory Unit (per dwelling unit)
Commercial/Retail (per 1,000 sq. ft.)
Industrial/Warehouse (per 1,000 sq. ft.)
Public/Institutional (per 1,000 sq . ft.)
In-fill Area
Single Family (per dwelling unit)
Multi-Family (per dwelling unit)
Accessory Unit (per dwelling unit)
Commercial/Retail (per 1,000 sq . ft.)
Industrial/Warehouse (per 1,000 sq . ft.)
Public/Institutional (per 1,000 sq. ft.)
$
$
10 Fees Resolution No.
6,080.47 2024-036
3,316.62 2024-036
1,520.12 2024-036
2,653.29 2024-036
1,580.92 2024-036
1,547.75 2024-036
3,040.24 2024-036
1,658.31 2024-036
762.83 2024-036
1,326.65 2024-036
790.47 2024-036
773.88 2024-036
4,560.36 2024-036
2,487.47 2024-036
1,140.09 2024-036
1,989.98 2024-036
1,185.69 2024-036
1,160.82 2024-036
134.70 2024-036
129.38 2024-036
33.67 2024-036
30.97 2024-036
8.51 2024-036
4.76 2024-036
67.37 2024-036
64.71 2024-036
16.84 2024-036
15.51 2024-036
4.26 2024-036
2.39 2024-036
101 .03 2024-036
97.05 2024-036
25.26 2024-036
23.24 2024-036
6.38 2024-036
3.57 2024-036
City of Reedley Master Fee Schedule
Community Development Department
Developer Impact Fee Detail by Infrastructure Service Type:
Fire Protection
Expansion Area
Single Family (per dwelling unit)
Multi-Family (per dwelling unit)
Accessory Unit (per dwelling unit)
Commercial/Retail (per 1,000 sq. ft.)
Industrial/Warehouse (per 1,000 sq. ft.)
Public/Institutional (per 1,000 sq. ft.)
City Center
Single Family (per dwelling unit)
Multi-Family (per dwelling unit)
Accessory Unit (per dwelling unit)
Commercial/Retail (per 1,000 sq . ft.)
Industrial/Warehouse (per 1,000 sq. ft.)
Public/Institutional (per 1,000 sq. ft.)
In-fill Area
Single Family (per dwelling unit)
Multi-Family (per dwelling unit)
Accessory Unit (per dwelling unit)
Commercial/Retail (per 1,000 sq. ft.)
Industrial/Warehouse (per 1,000 sq . ft.)
Public/Institutional (per 1,000 sq. ft.)
Developer Impact Fee Detail by Infrastructure Service Type:
General Government
Expansion Area
Single Family (per dwelling unit)
Multi-Family (per dwelling unit)
Accessory Unit (per dwelling unit)
Commercial/Retail (per 1,000 sq. ft.)
Industrial/Warehouse (per 1,000 sq. ft.)
Public/Institutional (per 1,000 sq. ft.)
City Center
Single Family (per dwelling unit)
Multi-Family (per dwelling unit)
Accessory Unit (per dwelling unit)
Commercial/Retail (per 1,000 sq. ft.)
Industrial/Warehouse (per 1,000 sq. ft.)
Public/Institutional (per 1,000 sq. ft.)
In-fill Area
Single Family (per dwelling unit)
Multi-Family (per dwelling unit)
Accessory Unit (per dwelling unit)
Commercial/Retail (per 1,000 sq. ft.)
Industrial/Warehouse (per 1,000 sq . ft.)
Public/Institutional (per 1,000 sq . ft.)
Fees Resolution No.
$ 1,181 .13 2024-036
1,134.51 2024-036
295.29 2024-036
271 .53 2024-036
74.60 2024-036
41 .78 2024-036
590.57 2024-036
567.26 2024-036
147.64 2024-036
135.77 2024-036
37.30 2024-036
20.88 2024-036
885.85 2024-036
850.88 2024-036
221.47 2024-036
203.65 2024-036
55.95 2024-036
31.33 2024-036
$ 77.52 2024-036
74.46 2024-036
19.38 2024-036
17.82 2024-036
4.89 2024-036
2.74 2024-036
38.74 2024-036
37.21 2024-036
9.68 2024-036
8.92 2024-036
2.45 2024-036
1.37 2024-036
58 .14 2024-036
55.84 2024-036
14.53 2024-036
13.36 2024-036
3.67 2024-036
2.06 2024-036
11 City of Reedley Master Fee Schedule
Community Development Department
Developer Impact Fee Detail by Infrastructure Service Type:
Storm Drainage
Expansion Area
Single Family (per dwelling unit)
Multi-Family (per dwelling unit)
Accessory Unit (per dwelling unit)
Commercial/Retail (per 1,000 sq . ft.)
Industrial/Warehouse (per 1,000 sq . ft.)
Public/Institutional (per 1,000 sq. ft.)
City Center
Single Family (per dwelling unit)
Multi-Family (per dwelling unit)
Accessory Unit (per dwelling unit)
Commercial/Retail (per 1,000 sq. ft.)
Industrial/Warehouse (per 1,000 sq . ft.)
Public/Institutional (per 1,000 sq. ft.)
In-fill Area
Single Family (per dwelling unit)
Multi-Family (per dwelling unit)
Accessory Unit (per dwelling unit)
Commercial/Retail (per 1,000 sq. ft.)
Industrial/Warehouse (per 1,000 sq . ft.)
Public/Institutional (per 1,000 sq. ft.)
Developer Impact Fee Detail by Infrastructure Service Type:
Wastewater
Expansion Area
Single Family (per dwelling unit)
Multi-Family (per dwelling unit)
Accessory Unit (per dwelling unit)
Commercial/Retail (per 1,000 sq . ft.)
Industrial/Warehouse (per 1,000 sq . ft.)
Public/Institutional (per 1,000 sq . ft.)
City Center
Single Family (per dwelling unit)
Multi-Family (per dwelling unit)
Accessory Unit (per dwelling unit)
Commercial/Retail (per 1,000 sq . ft.)
Industrial/Warehouse (per 1,000 sq . ft.)
Public/Institutional (per 1,000 sq. ft.)
In-fill Area
Single Family (per dwelling unit)
Multi-Family (per dwelling unit)
Accessory Unit (per dwelling unit)
Commercial/Retail (per 1,000 sq. ft.)
Industrial/Warehouse (per 1,000 sq . ft.)
Public/Institutional (per 1,000 sq. ft.)
i2
Fees Resolution No.
$ 3,772.25 2024-036
2,414.24 2024-036
943.07 2024-036
1,851 .83 2024-036
1,479.88 2024-036
377.23 2024-036
1,886.13 2024-036
1,207.12 2024-036
471 .53 2024-036
925.92 2024-036
739.94 2024-036
188.62 2024-036
2,829.18 2024-036
1,810.68 2024-036
707.30 2024-036
1,388.87 2024-036
1,109.91 2024-036
282.92 2024-036
$ 2,620.74 2024-036
2,515.91 2024-036
655.18 2024-036
1,520.03 2024-036
1,205.54 2024-036
995.88 2024-036
1,310.37 2024-036
1,257.95 2024-036
327.59 2024-036
760.01 2024-036
602.77 2024-036
497.94 2024-036
1,965.56 2024-036
1,886.93 2024-036
491 .39 2024-036
1,140.02 2024-036
904.16 2024-036
746.92 2024-036
City of Reedley Master Fee Schedule
Community Development Department
Developer Impact Fee Detail by Infrastructure Service Type:
Water
Expansion Area
Single Family (per dwelling unit)
Multi-Family (per dwelling unit)
Accessory Unit (per dwelling unit)
Commercial/Retail (per 1,000 sq. ft.)
Industrial/Warehouse (per 1,000 sq. ft.)
Public/Institutional (per 1,000 sq. ft.)
City Center
Single Family (per dwelling unit)
Multi-Family (per dwelling unit)
Accessory Unit (per dwelling unit)
Commercial/Retail (per 1,000 sq. ft.)
Industrial/Warehouse (per 1,000 sq . ft.)
Public/Institutional (per 1,000 sq . ft.)
In-fill Area
Single Family (per dwelling unit)
Multi-Family (per dwelling unit)
Accessory Unit (per dwelling unit)
Commercial/Retail (per 1,000 sq. ft.)
Industrial/Warehouse (per 1,000 sq. ft.)
Public/Institutional (per 1,000 sq. ft.)
Developer Impact Fee Detail by Infrastructure Service Type:
Parks and Recreation
Expansion Area
Single Family (per dwelling unit)
Multi-Family (per dwelling unit)
Accessory Unit (per dwelling unit)
Commercial/Retail (per 1,000 sq. ft.)
Industrial/Warehouse (per 1,000 sq. ft.)
Public/Institutional (per 1,000 sq . ft.)
City Center
Single Family (per dwelling unit)
Multi-Family (per dwelling unit)
Accessory Unit (per dwelling unit)
Commercial/Retail (per 1,000 sq. ft.)
Industrial/Warehouse (per 1,000 sq. ft.)
Public/Institutional (per 1,000 sq. ft.)
In-fill Area
Single Family (per dwelling unit)
Multi-Family (per dwelling unit)
Accessory Unit (per dwelling unit)
Commercial/Retail (per 1,000 sq. ft.)
Industrial/Warehouse (per 1,000 sq. ft.)
Public/Institutional (per 1,000 sq . ft.)
13 Fees Resolution No.
$ 2,746.69 2024-036
2,636.82 2024-036
686.68 2024-036
2,472.02 2024-036
851.47 2024-036
219.74 2024-036
1,373.34 2024-036
1,318.41 2024-036
343.34 2024-036
1,236.01 2024-036
425.74 2024-036
109.87 2024-036
2,060.02 2024-036
1,977.61 2024-036
515.00 2024-036
1,854.01 2024-036
638.60 2024-036
164.80 2024-036
$ 7,306.07 2024-036
7,017.67 2024-036
1,826.51 2024-036
1,679.63 2024-036
461.44 2024-036
258.40 2024-036
3,653.06 2024-036
3,508.86 2024-036
913.27 2024-036
839.82 2024-036
230.72 2024-036
129.21 2024-036
5,479.57 2024-036
5,263.27 2024-036
1,369.89 2024-036
1,259.72 2024-036
346.08 2024-036
193.81 2024-036