ALL CELL PHONES AND ELECTRONIC DEVICES MUST BE
TURNED OFF IN THE COUNCIL CHAMBERS
AGENDA
-REEDLEY CITY COUNCIL MEETING
7:00 P.M.
TUESDAY, MAY 13, 2025
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
Mary Fast, Mayor Pro Tern
Christopher Arriaga, Council Member
MEETING CALLED TO ORDER
Michael Crutchfield, Council Member
Scott Friesen, Council Member
INVOCATION- Pastor Mark Stanley, Cornerstone Community Church
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
PRESENTATION
1. NATIONAL PUBLIC WORKS WEEK- Public Works
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 2-7)
2. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF APRIL 22, 2025 - (City Clerk)
Staff Recommendation: Approve
3. CONSIDERATION OF ITEMS PERTAINING TO URGENT REPLACEMENT OF THE CITY
PHONE SYSTEM
A. RATIFICATION OF A FIVE-YEAR MASTER SERVICES AGREEMENT WITH INTERMEDIA.NET, INC. THROUGH AUDEAMUS OBA SEBASTIAN
CORPORATION FOR A CITYWIDE PHONE SYSTEM
8. ADOPT BUDGET RESOLUTION NO. 2025-028 AMENDING THE FISCAL YEAR 2024-25 ADOPTED BUDGET TO APPROPRIATE $20,000 IN MULTIPLE
FUNDS FOR IMPLEMENTATION COSTS ASSOCIATED WITH THE CITY
PHONE SYSTEM PROJECT
(Administrative Services)
Staff Recommendation: Approve
4. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN ON BEHALF OF THE CITY
OF REEDLEY A SERVICE AGREEMENT WITH KINGS CANYON UNIFIED SCHOOL
DISTRICT FOR NARCOTICS DETECTION, INTERVENTION AND PREVENTION FOR A PERIOD OF 3 YEARS BEGINNING JULY 1, 2025 THROUGH JUNE 30, 2028 - (Police Department)
2 Staff Recommendation: Approve
5. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN ON BEHALF OF THE CITY
OF REEDLEY, A SERVICES AGREEMENT WITH KINGS CANYON UNIFIED SCHOOL
DISTRICT FOR TWO SCHOOL RESOURCES OFFICERS FOR A PERIOD OF THREE YEARS; BEGINNING JULY 1, 2025 THROUGH JUNE 30, 2028 - (Police Department) Staff Recommendation: Approve
6. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN ON BEHALF OF THE CITY
OF REEDLEY, A SERVICES AGREEMENT WITH KINGS CANYON UNIFIED SCHOOL
DISTRICT FOR RESTORATIVE JUSTICE MANAGEMENT, UNDER THE REEDLEY PEACE BUILDING INITIATIVE, FOR A PERIOD OF THREE YEARS; BEGINNING JULY 1, 2025 THROUGH JUNE 30, 2028 - (Police Department)
Staff Recommendation: Approve
7. ADOPT RESOLUTION NO. 2025-033 AMENDING THE 2024-25 ADOPTED BUDGET
APPROPRIATING FUNDS FOR A YOUTH FUTSAL CAMP IN PARTNERSHIP WITH REEDLEY HIGH SCHOOL BOYS SOCCER PROGRAM - (Community Services) Staff Recommendation: Approve
PUBLIC HEARING
8. INTRODUCTION AND FIRST READING OF ORDINANCE 2025-002 REPEALING AND REPLACING CHAPTER 3 OF TITLE 5 OF THE REEDLEY MUNICIPAL CODE CONCERNING ANIMAL CONTROL- Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Police Department) Staff Recommendation: Approve
9. CONSIDERATION BY THE CITY COUNCIL OF THE CITY OF REEDLEY CONFIRMING
THE AMOUNT OF THE ASSESSMENT LIEN FOR UNPAID ADMINISTRATIVE CITATION FINES ON CERTAIN REAL PROPERTY WITHIN THE CITY OF REEDLEY- Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Community Development)
Staff Recommendation: Approve
ADMINISTRATIVE BUSINESS
10.ANNUAL MILITARY EQUIPMENT REPORT AS PER REEDLEY CITY ORDINANCE 5-14- 5: REPORT ON THE USE OF MILITARY EQUIPMENT FOR THE 2025 CALENDAR YEAR- Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Police Department)
Staff Recommendation: Approve
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.
11. REEDLEY COMMUNITY SERVICES COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 5, 2024 - Community Services
3 COUNCIL REPORTS
12.BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.
STAFF REPORTS
13. UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS
ADJOURNMENT
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing revised agenda was posted in accordance with the applicable legal requirements. Dated this 8th day of May 2025.
Dates to Remember:
May 27, 2025-Special Meeting 6pm Budget Workshop
May 27, 2025 -Regular Meeting at 7pm
June 10, 2025-Regular Meeting at 7pm
Rut~ Ld:
4 REEDLEY CITY COUNCIL MEETING - April 22, 2025
A complete audio record ofthe mi.nutes is available at www.reedlev.ca.gov The meeting of Reedley City Council was called to order by Mayor Tuttle at 7:00 p.m. on Tuesday, April 22, 2025 in the City Hall Council Chambers, 845 "G" Street, Reedley, California.
INVOCATION - Rev. Jonathan Mark, First Mennonite Church
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Friesen.
ROLL CALL
Council Members
Present:
Absent:
Christopher Arriaga, Michael Crutchfield, Mary Fast, Scott Friesen and Matthew Tuttle None.
AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
Council Member Fast motioned, Council Member Friesen seconded to accept and approve agenda.
Motion unanimously carried.
PUBLIC COMMENT
None.
CONSENT AGENDA (Item 1-6)
Council Member Fast asked to discuss item 5 prior to the vote. City Engineer Marilu Morales answered questions about the item.
For item 6, City Clerk received the following emailed public comment:
Kari Larson shared her concern about daily use pool pass cost going from $5.00 to $10.00.
Jamelle Nakaima shared she did not support the increase in the daily pool pass.
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 APRIL 8, 2025 -Approved
2. RECOMMENDATION OF REJECTION OF CLAIM-JOSEPHINE PARAGUAS -Approved Claim Rejection
3. RECOMMENDATION OF REJECTION OF CLAIM-ELENA LOPEZ-Approved Claim Rejection
4. APPROVE THE FOLLOWING ACTIONS ASSOCIATED WITH THE 2025-2026 EXPANDED LEARNING PROGRAMS (ELP) AT T.L. REED AND WASHINGTON SCHOOL SITES:
A. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN A MEMORANDUM OF
UNDERSTANDING AND SUPPORTING DOCUMENTS WITH KINGS CANYON UNIFIED
SCHOOL DISTRICT (KCUSD) PROVIDING SERVICES WITH THE EXPANDED LEARNING
OPPORTUNITY PROGRAMS FUNDING (ELOP)
B. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN THE MEMORANDUM OF
UNDERSTANDING AND SUPPORTING DOCUMENTS WITH KINGS CANYON UNIFIED
SCHOOL DISTRICT (KCUSD) FOR STUDENT SUPPORT SERVICES
1 REEDLEY CITY COUNCIL MEETING - April 22, 2025
C. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN THE MEMORANDUM OF
UNDERSTANDING AND SUPPORTING DOCUMENTS WITH KINGS CANYON UNIFIED
SCHOOL DISTRICT (KCUSD) TO PROVIDE INTERNSHIPS FOR REEDLEY HIGH SCHOOL
STUDENTS
D. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN THE SITE CONTRACTS AND
SUPPORTING DOCUMENTS WITH FRESNO COUNTY SUPERINTENDENT OF SCHOOLS (FCSS) PROVIDING AFTER SCHOOL EDUCATION AND SAFETY FUNDING (ASES) E. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN THE SUMMER WORK
EXPERIENCE PROGRAM (SWEP) AGREEMENT FORM WITH KINGS CANYON UNIFIED
SCHOOL DISTRICT (KCUSD) AND VALLEY OCCUPATIONAL PROGRAM (VALLEY ROP) -Approved
5. ADOPT RESOLUTION NO. 2025-023 A WARDING A CONSTRUCTION CONTRACT TO R.J. BERRY JR., INC. FOR THE HOPE A VE RECONSTRUCTION FROM OLSON TO CURTIS A VE PROJECT -Approved
6. ADOPT RESOLUTION 2025-025 OF THE CITY COUNCIL OF THE CITY OF REEDLEY ADOPTING THE
CITYWIDE MASTER FEE SCHEDULE AND AMENDING DEPARTMENTAL FEES AND CHARGES FOR SERVICES -Approved
WORKSHOP
7. MEASURECRENEWALEFFORT
Kendall Flint shared with Council and Staff the future plans for the Measure C renewal effort.
8. REEDLEY CHAMBER OF COMMERCE UPDATE
Greater Reedley Chamber of Commerce President and Chief Executive Officer Erik Valencia provided an update on events and plans for the future.
9. WORKSHOP ON ROAD AND STREET IMPROVEMENTS WITHIN THE CITY City Engineer Marilu Morales provided an update on pavement management index and future plans for street improvements in Reedley.
Cathy Edwards spoke regarding a section of Parlier Avenue which is in the County of Fresno's jurisdiction. Ms.
Edwards asked ifthere anything that the County of Fresno can do to fix that road since the road is in bad shape.
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. QUARTERLY EXPENSE & TRAVEL REPORT FOR ELECTED AND APPOINTED OFFICIALS- JANUARY 1, 2025 THROUGH MARCH 31 , 2025
11 . RECEIVE, REVIEW, AND FILE THE QUARTERLY INVESTMENT REPORT FOR THIRD QUARTER ENDING MARCH 31 , 2025 FOR FISCAL YEAR 2024-25
COUNCIL REPORTS
12. BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.
Council Member Arriaga
• Shared about the prayer event he attended at Jefferson School 2 REEDLEY CITY COUNCIL MEETING - April 22, 2025
Council Member Fast
• Discussed the ribbon cutting at Nancy's Salon she attended • Attended the Upper Kings Basin meeting and provided a brief update • Shared about the ribbon cutting at Fresno Pacific for a new baseball stadium which she attended
STAFF REPORTS
UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS.
City Manager Nicole Zieba:
• Mentioned about upcoming City Council meetings
• Discussed the Economic Opportunities Commission is looking for a new Chief Executive Officer • Shared that the Community Development Department received an award for the Zoning Update they completed
Chief Ediger:
• Mentioned National Public Safety Dispatcher week
• Shared about Public Animal Control Officer week
ADJOURNMENT
Mayor Tuttle adjourned the regular meeting at 8:38 p.m.
ATTEST:
Ruthie Greenwood, City Clerk
Mayor Matthew Tuttle
3 DATE:
TITLE:
SUBMITTED:
APPROVED:
REEDLEY CITY COUNCIL
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 3 ---- May 13, 2025
CONSIDERATION OF ITEMS PERTAINING TO URGENT REPLACEMENT OF THE
CITY PHONE SYSTEM
A) RATIFICATION OF A FIVE-YEAR MASTER SERVICES AGREEMENT WITH INTERMEDIA.NET, INC. THROUGH AUDEAMUS OBA
SEBASTIAN CORPORATION FOR A CITYWIDE PHONE SYSTEM
B) ADOPT BUDGET RESOLUTION NO. 2025-028 AMENDING THE
FISCAL YEAR 2024-25 ADOPTED BUDGET TO APPROPRIATE
$20,000 IN MULTIPLE FUNDS FOR IMPLEMENTATION COSTS
ASSOCIATED WITH THE CITY PHONE SYSTEM PROJECT
Paul A. Melikian, Assistant City Manager ~
Nicole R. Zieba, City Manager V
RECOMMENDATION
It is recommended that the City Council 1) ratify a Master Services Agreement with lntermedia.net, Inc. through Audeamus OBA Sebastian Corporation for an urgent replacement of the City's owned/premise phone system with a hosted/cloud system, and 2) adopt resolution no. 2025-028 amending the fiscal year 2024-25 Adopted Budget to appropriate $20,000 in multiple City funds to cover one-time implementation costs.
EXECUTIVE SUMMARY
The current city phone system is six years old and exhibiting increased performance issues, requiring a growing amount of staff time and costly outside service calls to address. At the time the phone system was installed, in FY 2018-19, technology was rapidly evolving. The current system is no longer supported by the manufacturer and parts are only available on the secondary market. Most recently, the 'brain' of the system has recently become completely inaccessible to troubleshoot or make any modifications to programming settings. Lastly, staff and the public are experiencing increasing instances of poor sound quality. In short, the City's phone system is failing rapidly and, without urgent action, the City risks having no telephone capability. It should be noted that the 911 dispatch system is unaffected by this project.
Staff propose to replace this phone system with a hosted/cloud Voice over Internet Protocol (VoIP) phone system that offers significant benefits to staff over the existing onsite/premise system and a better customer service experience for Reedley citizens. Hosted/cloud VoIP is a business phone system where the service and infrastructure are managed by a third-party provider, not the agency itself. This allows agencies to leverage Vol P technology without the need for in-house hardware, maintenance, or dedicated IT staff. A proposal from Sebastian Corporation, the City's current phone system vendor, was able to present a competitive and cost-effective solution that expedites the transition to the new Vol P system before a total system failure occurs. The attached budget resolution for $20,000 would allocate the necessary funding to fully fund one-time implementation costs, which is primarily the cost of phone installation and programming, and a handful of conference phones and hands free headsets. The bulk of the new hardware has no upfront cost and will be covered by the monthly service fee. Ongoing direct costs will increase from approximately $800-$900/month currently to $2,565/month going forward, without putting an additional value on the indirect costs/risk of continuing to use the existing phone system.
BACKGROUND
Modern phone systems are like desktop computers/laptops in that they have a lifespan of 5-8 years before requiring replacement. In 2018, the City Council approved the purchase of the current VoIP owned/premise phone system that is in place. The current system has developed significant problems that need to be addressed and that are beyond the scope of repair technicians.
Sebastian Corporation representatives were able to work quickly to find a hosted/cloud phone solution that would be a functional and cost-effective service. Staff have worked with Sebastian for many years and are comfortable with the level of expertise and customer service that is provided. Some big benefits of a hosted/cloud phone system include a low up front cost, warranty over the entire lifespan, and perhaps most importantly, the system keeps pace with changes in technology.
FISCAL IMPACT
The net new cost to the city will be approximately $2, 180/month or $26,160 annually. This is because an existing service through Comcast for a VoIP circuit at a cost of $385/month will no longer be needed. The new ongoing cost is a bit overstated in that the city will no longer be paying out of pocket separately for phone system related service calls, typically $400-$500/month, as all issues will be covered under warranty. Additional appropriations for the monthly service cost will be included in the mid-year budget review in early 2026.
ATTACHMENTS
Budget Resolution 2025-028
Sebatian Corporation Project Proposal
lntermedia.net, Inc. Master Services Agreement
BUDGET AMENDMENT
RESOLUTION 2025-028
The City Council of the City of Reedley does hereby amend the 2024-25 Budget as follows :
SECTION I - ADDITIONS
Account Number Account Descrietion Amount
001-4120.2550 Telephone $ 500
001-4130 .2550 Telephone 500
001-4140.2550 Telephone 600
050-4150.2550 Telephone 600
052-4153.2550 Telephone 600
053-4155.2550 Telephone 600
068-4141.2550 Telephone 600
001-4410.2550 Telephone 875
001-4420.2550 Telephone 875
001-4610.2550 Telephone 833
001-4660.2550 Telephone 833
001-4685.2550 Telephone 833
001-4400 .2550 Telephone 1,250
001-4300.2550 Telephone 1,500
001-4350.2550 Telephone 5,500
011-4440 .2550 Telephone 875
050-4500.2550 Telephone 875
052-4510 .2550 Telephone 875
060-4490.2550 Teleehone 875
Total $ 20,000
Purpose: Appropriations to fund one-time implementation costs for a new VoIP phone system to replace the current phone system that has become obsolete.
SECTION II - SOURCE OF FUNDING
Account Number
001-2710
011-2710
050-2710
052-2710
053-2710
060-2710
068-2710
Account Descrietion
Unallocated Fund Balance
Unallocated Fund Balance
Unallocated Fund Balance
Unallocated Fund Balance
Unallocated Fund Balance
Unallocated Fund Balance
Unallocated Fund Balance
Amount
$ 14,100
875
1,475
1,475
600
875
600
Total $ 20,000
Impact: Sufficient unallocated fund balances are available in the General Fund, Article 8, Water, Wastewater and Solid Waste Enterprise funds , and Equipment Shop and HR Internal Service Funds .
Costs are allocated to where phones are used in city operations .
REVIEWED:
Assistant City Manager City Manager
The foregoing resolution was approved by the City Council of the City of Reedley on May 13, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: APPROVED:
Matthew Tuttle, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
SEBASTIAN
City of Reedley
845 G Street
Reedley, CA 93654
Attn: Paul, Lori, & Elizabeth
1 7600 North Palm Ave.
Fresno, CaMornila 93711
I 559.432.ssoo j sebasti,ancorp.com
Thank you for meeting with me about a new phone solution. We are recommending the Intermedia Hosted/Cloud phone solution. Intermedia was founded in 1993, is based in Sunnyvale California, and provides hosted voice solutions for over 145,000 customers. Your Hosted solution would have functions like Caller ID, call transfer, hold, intercom, voicemail, and a mobile app, allowing user's cellphones to function like office phones, if they so desire.
It also includes unlimited calling in the United States and a free phone.
Sebastian One-time Fees:
3 Yealink CP935W Wireless Conference Phones
Tax
Phone Installation and Programming
Total
Intermedia One-time Fees Total
Intermedia Monthly On-Going Fees:
650.00 1,950.00
179.89
14,250.00
$16,379.89
$1 ,625.00
We will bring over your phone numbers from Comcast to the Intermedia hosted solution.
Pricing below is for a 5 Year agreement and includes free Fanvil V64 phones. 80 1
Intermedia Unite Pro Seats
Free phone, Unlimited calls to US, Mexico, & Canada
Intermedia additional services
V oicemail boxes, ring groups, analog connections, etc
Taxes & Surcharges
Monthly On-Going Total
22.25 1,780.00
334.00
441.00
$2,555.00
We (Signal/Sebastian) have been a part of taking care of the City's voice communications for over 25 years, and hope to continue that role! I feel confident stating that our responsiveness and customer service has been second to none, and any changes that the City needs going forward will be met with that continued level of care. We are very experienced with the various needs of the City, including things like the Police department's dispatch unit, and how that will need to integrate with the new solution. I again appreciate the opportunity and am available for any questions/concerns that may arise. I can be reached at 559-261-8252.
Thank you,
Bryan Awbrey
4/25/25
Quotation Confirmation and Acceptance
of INTERMEDIA Master Services Agreement
Prepared for:
City of Reed ley
Paul Melikian
paul .m elikian@reed ley .ca.gov
845 G St
Reed ley, CA
93654 -2625, United States
Provided by:
Aud eamus dba Sebastian Corp .
bawbrey@sebas t ia ncorp . com
5592618252
INTERM EDIN' Cloud Communications Services Quote
Prepared for
City of Reedley
Paul Melikian
[email protected]
845 G St
Reedley, CA
93654-2625, United States
Terms
Quote ID
Creation date
lntermedia Unite Contract Term
Summary of services
Description
Services
Provided by
Provided by:
Audeamus dba Sebastian Corp.
bawbrey@sebasti ancorp .com
559261 825 2
Audeamus dba Sebastian Corp.
[email protected]
5592618252
38462-45
Tuesday, April 29, 2025
5 years
Unified Communications Services
Equipment
Shipping
Prepared for:
City of Reedley
Paul Melikian
paul .m eli kian@reedley .ca .gov
845 G St
Reedley, CA
93654-2625, United States
SEBASTIAN
Putting people first.
Customer total
One-time
$90.00
$180.00
$220.66
Monthly
$2,124.00
Subtotal
Surcharges & Other fees
Estimated taxes
$490.66
$1,130.89
$2,124.00
$417.48
$23.53
TOTAL
~✓ otes
$1,621.55
One-time
$2,565.01
Monthly
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INTERM EDIA8 Cloud Communications Services Quote
Details
Main location
Provided by:
Audeamus dba Sebastian Corp.
[email protected]
5592618252
845 G St, Reedley, California 93654-2625
Description Quantity
Unified Communications Services
Unite Pro (5 yr) 80
5-year contract. One user license includes Cloud PBX with unlimited local and long distance calling, connect up to 5 phone devices including mobile and desktop apps, Team
Chat, File Sharing (50 GB/ user), Video Conferencing {100 web participants per meeting), Advanced Hunt Group.
Archivin g: 30 Days Retention 80
For access to 30 days of historical UC data for the lifetime of the account
Al Assistant (Beta) 80
Al Assistant is a business productivity tool using Generative Al to help users access information more easily and automate repetitive or time-consuming tasks
AnyMeeting Starter 5
Video and audio conferencing with up to 4 participants
viewing cameras and sharing content.
Geographic (local) Number 10
One local number is included for each UC user, WebFax, Auto Attendant and Resource/Fax line that is created
Local Number Porting Fee 30
Auto Attend ant (additional) 7
Greets callers and provides call routing options. For calls forwarded outside of the network, includes 1,000 minutes of outbound local cal ls per month.
~JOtes
Prepa red for:
City of Reedley
Paul Meli kian
pa ul .meli kian@reed ley.ca. gov
845 G St
Reedley, CA
93654-2625, United St ates
Customer total
Unit price One-time Monthly
$22.25 $1,780.00
Free Free Free
Free Free Free
Free Free Free
$1.00 $10.00
$3.00 $90.00
$6.50 $45.50
- Your firs: LJ II rr·ay look rjifrererit 1.n,y1 otre- bills. 1- rnay i'lcl JCle '·11 on.:c:-'irr·e fs.:>.s ::ird r:m)ra:~rJ cnc:=:rges "nr n°vv ser,; ces arJdec.1 :11.rw~J t·1e prilX ronth, - H2rcl 1N,Y>c: rnu./r:lecl 0n 1.Y')r'10tinn i:: a-·- o -tiz"?d C. e- a I ~•·n''Jr1t-· OSiTY1 i:-·s -,'.:'.ltie::; -.:,r, ·1.::-,rd,var·s for e,yly Cc1n'.:ellci ·er' O' 2n 2··:c01 ,"r 2'e U:!IC ~ atsrJ t)ass•:i or· tne oei-cer'tage of tr'e terr , rsrnainirg at trs tirre ') 0 c::mcs l!2tio -1. - ·r 2x2s. rees ard S' iippinJ ct1;::,1-Jes maJ be est rn,ve::; c,r 1y and ,Ys subjer~ re, ::·1~nJc:c. 1\c;t1Jal .a/e'c: fe~~; en···, ~;ni1Jr.·, g ,:-iar(tes 'Aid Ls ·ai:,,ia er.1 a: rne ti··1s the o,cier is placed
- L:xe.s anr_i l:?ss ,J'"? based or- ssrvir;e ,.:vJdr..::ss awl r:ar' (J:°/er oy 2:Jrl,ess INTERMEOIA<') Cloud Communications Services Quote
Provided by:
Audeamus dba Sebastian Corp
[email protected]
5592618252
Description Quantity
Hunt Group (additional) 5
Delivers calls to defined groups of users with routing rules. All calls forwarded outside of t he network are ch arged per use.
Voicemail box 45
1 voicemail box included with each UC user license, Hunt Group or Auto Attendant.
Resou rce Line (500 min) 4
Used to enable common area phones such as conference or lobby phones, 500 minutes of outbound local calls included per month.
Equipment
• Grandstream HT801 ATA
4 The HT801 Adapter connects to your existing fax machine allowing you to send and receive faxes through the Cloud Phone System.
80 Fanvil V64
An IP desk phone with a 3.5-inch 480x320 Color Screen, dual Gigabit Ethernet ports, bui lt-in Bluetooth and Wi-Fi, and a USB port. Includes 8 physical line keys capable of 21
configurable positions for calls, presence, or speed dial.
Shipping
7600 N Palm Ave STE 101, Fresno, California 93711-5520
Taxes & Fees
Surcharges & Other fees
Prepared fo r:
City of Reedley
Paul Melikian
paul .melikian@reedley .ca. gov
845 G St
Reedley, CA
93654-2625 , United States
Customer total
Unit price One-time
$5.50
$5. 00
$9.00
$45.00 $180.00
Free Free
$220.66
Monthly
$27.50
$225.00
$36.00
Free
$417.48
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· Taxes and f<?s~:; 3r.:, t:a~;e•~i Of' S":'1'/irp C:Kir:ir,::,ss arid ';ar' rWf~r oy 2,c:vlcc::s.
INTERM EDIA<"' Cloud Communications Services Quote
Provided by:
Audeamus dba Sebasti an Corp
bawbrey@sebasti ancorp.com
5592618252
Prepared for:
City of Reedley
Paul Melikian
[email protected]
845 G St
Reedley , CA
93654-2625, United States
Customer total
Description Quantity Unit price One-time Monthly
Estimated taxes $1,130.89 $23.53
Total - Main location $1,621.55 $2,565.01
f,Jotes·
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INTERMEDIA® Cloud Communications Services Quote
I acknowledge that I have read and do hereby accept the quote pricing in this service proposal.
Should adjustments be required, I will work with my lntermedia provider. :PauJ Met(k(a11 Paul Melikian (Apr 29, 202512:00 PDT)
Authorized Signature Required
1111
I NT ER M ED I A"' MASTER SERVICE AGREEMENT
(End Customer through Co-Op Partner)
CAREFULLY READ THESE TERMS AND CONDITIONS, AS THEY FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND INTERMEDIA.NET, INC. ONLY AN AUTHORIZED REPRESENTATIVE OF YOUR COMPANY MAY EXECUTE THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS,
YOU DO NOT HAVE PERMISSION TO USE INT-ERMEDIA SERVICES AND DO NOT HAVE ANY OTHER OF THE RIGHTS SET FORTH BELOW.
This Master Service Agreement (this "MSA") is entered into between lntermedia.net, Inc. ("lntermedia") and customer ("You").
You are not required to purchase voice services from
lntermedia nor from any of its affiliates. If You elect to purchase voice services under this MSA, please be advised of the following: (i) voice services will be provided through lntermedia's wholly owned subsidiary, Accessline
Communications Corporation d/b/a Voice Telco Services
("Voice Telco Services"); (ii) Your acceptance of, and
agreement to, the terms of this MSA also constitutes
your acceptance and acknowledgement of, and
agreement to, (A) the important disclosures, notices
and disclaimers contained in Attachment 1 to this MSA
related to 911 (including enhanced 911 (E911)) calling
and service and (B) the terms of the Schedule(s) and
related documents provided or made available to You
by Voice Telco Services; and (iii) the terms and conditions of this MSA will apply to the services you receive from Voice Telco Services as well as the terms and conditions in Voice Telco Services' Schedules and related documents. If You instead choose to purchase voice services through an
unrelated third party, this MSA will not govern the provision of any services provided by such third party, and such thirdparty-provided voice services are used at Your sole risk and pursuant to the terms and conditions you enter into with such third party.
You have purchased these services with the assistance or upon the recommendation of a registered lntermedia sales partner through lntermedia's Co-Op Partner program.
Accordingly, You hereby grant that registered lntermedia Co-Op Partner the right to manage Your Account, including creation, management and deletion of users and services.
You acknowledge and agree that You are responsible for all charges, fees, surcharges, and taxes resulting from any changes made to Your Account by the registered
lntermedia Co-Op Partner. If you do not want Your
registered Co-Op Partner to have the right to manage Your Account, You must select the option denying such a right in your control panel.
Any of the following actions constitutes Your
agreement, without limitation or qualification, to be
bound by, and to comply with, the terms of this
Agreement: (i) registering for Service on lntermedia's
web page or portal and selecting "I Accept" as part of
the registration process, (ii) ordering Service from
lntermedia's personnel and providing them with Your
credit card number or other billing information, or
(iii) use of the Services or Your Account by You or Your Users.
You agree to be bound by all of the terms and conditions of (i) this MSA and (ii) the following:
• lntermedia's Privacy Policy (the "Privacy Policy");
• lntermedia's Service Level Agreements for all of
lntermedia's Services that may be sold hereunder
(each, a "Service Level Agreement" or "SLA");
• lntermedia's Acceptable Use Policy ("AUP");
• lntermedia's Data Processing Addendum ("DPA");
and
• lntermedia's Schedules (as defined below).
This MSA and all of the above referenced documents are
collectively referred to as the "Agreement." Each of the foregoing is expressly incorporated herein by reference and may be amended or updated from time to time by
lntermedia. Current copies of the MSA, Privacy Policy, SLA, AUP, DPA, and Schedules are located at
https://www.intermedia.com/legal. The current copy of the DPA is also accessible through Your Account in
lntermedia's administrative control panel.
DEFINITIONS. For the purposes of this MSA, the following definitions apply:
"Access Information" means information that alone or
together with other information, can provide access to any portion of Your Account, including but not limited to, Your Account number, login names, passwords, credit card or
other financial information, security questions and their respective answers, and any other similar information. For the avoidance of doubt, Your Access Information will
include any similar information for each of Your Users. "Account" means the account created with lntermedia in
connection with this Agreement that relates to Your
purchase of and subscription to Services and the use of Services by You and Your Users.
INTERMEDIA Master Service Agreement
"Administrative User" means any of Your employees,
consultants, independent contractors or customers to whom You grant administrative permission to access the Services in accordance with lntermedia's entitlements and
procedures and this Agreement (where "administrative
permission" includes, but is not limited to, the right to create, modify and delete User accounts, as well as the right to access and modify Your billing information and other
functionality available through the lntermedia administrative control panel).
"Applicable Law" means any applicable foreign, federal, state, provincial or other laws, rules, regulations or
interpretations of relevant Governmental Authorities or selfregulatory bodies. "Beta Offerings" means any portion of the Services offered on a "beta" basis, as designated by lntermedia, including but not limited to, products, plans, services, and platforms. "Data" means all data submitted by Your Users to
lntermedia in connection with the Services, including all content, material, IP and similar addresses, recordings , messages, software, Account Information and Accountrelated settings. "Governmental Authority" means a government, regulatory organization, self-regulatory organization, court of
competent jurisdiction or similar body.
"lntermedia" means lntermedia.net, Inc., a Delaware
corporation with offices at 100 Mathilda Place, Suite 600, Sunnyvale, California 94086.
"lntermedia Parties" means lntermedia's affiliates (including parents and subsidiaries), vendors, licensors and partners, and its officers, employees, agents and representatives. "PHI" means (a) for customers in the United States,
Protected Health Information (as such term is defined in the Health Insurance Portability and Accountability Act of 1996 and the rules and regulations promulgated thereunder, as each may be amended from time to time) and (b) for
customers in Canada, personal health information (as such term is defined in the applicable federal, state and provincial privacy legislation relating to personal health information and the rules and regulations promulgated thereunder, as each may be amended from time to time) that is individually identifiable health information.
"Schedule(s)" means documents (including the Servicespecific product schedules located at https://www.intermedia.com/legal and the order
documentation generated through lntermedia's
administrative control panel) that specifically describe the Services used by You under this Agreement, including
product descriptions, the currency to be used for billing and payment, pricing, and other terms. Each Schedule shall be deemed a part of and incorporated into this Agreement.
"Services" means lntermedia's unified communications,
hosting and other services, software and products, as such services, software and products that are offered by
lntermedia from time-to-time in its discretion and subscribed to, purchased by, or used by You as set forth in a Schedule. "Third-Party Service" means any service or product offered by a party that is not lntermedia.
"User" means any of Your employees, consultants,
independent contractors or other individuals to whom You grant permission to access the Services in accordance with lntermedia's entitlements procedures and this Agreement (including Administrative Users and end Users).
"You" and "Your" means the individual or entity on whose behalf this Agreement is accepted.
1. SCOPE; ACCESS; SECURITY.
1.1. Access to Services. Subject to and in accordance
with the terms of this Agreement, including any Schedules, lntermedia grants You a non-exclusive, non-sublicensable, nontransferable, non-assignable, revocable license for the term of this Agreement to access and use the Services.
Services may only be used by Your Users for internal
business purposes only. You agree to comply with the terms and conditions of this Agreement, including any Schedules, and with all applicable lntermedia procedures and policies that further define use of the Services. You acknowledge and agree that the actions of any of Your Users with respect to the Services will be deemed to be actions by You and that any breach by any of Your Users of the terms of this Agreement, including any Schedule, will be deemed to be a breach by You.
1.2. Account Information and Ownership. You
acknowledge that Your failure to timely update Your
Account information, including authorized Administrative Users, can result in unauthorized personnel having access to Your Account and potentially doing harm to You.
Accordingly, You agree to maintain accurate Account
information by providing updates to lntermedia promptly, but no later than three (3) business days, when any of Your Account information requires change, including any
relevant Account contact information. Failure by You , for any reason , to respond within three (3) business days to any inquiries made by lntermedia to determine the validity of information provided by You will constitute a material
breach of this Agreement. You acknowledge and agree,
and expressly consent, that in the event of any dispute regarding access to or legal ownership of any lntermedia account or any portion thereof, including Your Account, lntermedia will resolve such dispute in its sole discretion. In Master Service Agreement (End User - Co-Op Partner) V 5.1 (effective May 28, 2024) Page 2 of 15 INTERMEDIA Master Service Agreement
addition, in the event of such a dispute, lntermedia may immediately suspend, alter or terminate any relevant
account, including Your Account, or any portion thereof.
You will reimburse lntermedia for any legal fees and other fees incurred with respect to any dispute regarding control or ownership of Your Account or Your Data or the same of another lntermedia customer. You acknowledge and agree
that (i) the legal owner of all Data on the Account is You (the counterparty to this Agreement) and not any individual
User, including any Account contact registered with
lntermedia, regardless of any administrative designation (e.g., Administrator, Billing Contact, Owner, etc.); (ii) You will provide lntermedia with any documentation it
reasonably requests to establish ownership and rights to Your Account and any related Data; and (iii) any User
identified as an Administrative User with respect to Your Account has the authority to bind You to any amendments, modifications or acknowledgements regarding this
Agreement or otherwise relating to the Services.
1.3. Account Security and Activity. You acknowledge
and agree that You are solely responsible for (i) maintaining the confidentiality and security of Your Access Information, and (ii) all activities that occur in connection with Your Account, whether initiated by You, by others on Your behalf or by any other means. You will notify lntermedia
immediately of any unauthorized use of Your Account,
Access Information or any other actual or potential breach of security. You acknowledge and agree that lntermedia will not be liable for any loss that You may incur as a result of any party using Your Access Information, either with or without Your knowledge and/or authorization. You further agree that You may be held liable for losses incurred by lntermedia, any lntermedia Party, or another party due to any party using Your Access Information. lntermedia
strongly recommends that You keep Your Access
Information in a secure location, take precautions to prevent others from accessing it and change it when necessary to maintain its confidentiality and security. lntermedia
specifically disclaims all liability for any activity in Your Account, whether authorized by You or not.
1 .4. Failure of a Line Test. With respect to voice
services, if a specific site fails a "VoIP line test" as part of the installation process, and You are unable or unwilling to upgrade the data circuit, router, switch, or faulty component responsible for the failure, lntermedia reserves the right to cancel the order for such site.
2. TERM AND TERMINATION.
2.1. Term. This Agreement shall be effective from Your
acceptance of this Agreement ( or a previous version of lntermedia's service agreement) and shall continue until the expiration or termination of all Schedules ("Agreement
Term"). When You pu rchase Services from lntermedia, a
Schedule will be created specific to such purchase, setting forth the contract term and other terms and conditions with respect to such purchase. The term of each Schedule
("Schedule Term") shall be an initial term with a duration to be agreed to by You and lntermedia (e.g., one month, one year or some other mutually agreed-upon period) (a
"Schedule Initial Term"), followed by renewal periods with a duration to be agreed to by You and lntermedia (a
"Schedule Renewal Term"). Termination of this Agreement shall not relieve either party from fulfilling its obligations prior to such termination.
(a) Monthly Plan Schedule Term. For a "Monthly Plan"
with lntermedia, the Schedule Initial Term is the period from the date of Your acceptance of the Schedule through the remainder of that calendar month. The Schedule Renewal
Term for a Monthly Plan is defined as one (1) calendar
month beginning at the end of the Schedule Initial Term and each subsequent calendar month thereafter.
(b) Annual or Multi-Year Plan Schedule Term. For an
"Annual Plan" or "Multi-Year Plan" with lntermedia, the Schedule Initial Term is the period from the date of Your acceptance of the Schedule through the remainder of that calendar month and continuing through the remainder of the agreed-upon term (for example, the Schedule Initial Term for an Annual Plan that begins April 14th will continue until April 30th of the following year), unless the parties have agreed in writing to a longer term. A Schedule Renewal
Term for an Annual or Multi-Year Plan is defined as the onemonth period beginning at the end of the Schedule Initial Term and each subsequent one-month period thereafter.
(c) Automatic Renewal. Each Schedule will renew
automatically at the end of the then-current Schedule Term for a Schedule Renewal Term unless terminated in
accordance with this Agreement by either You or
lntermedia.
2.2. Termination by You.
(a) Monthly Plan. For a Monthly Plan, You may
terminate any Schedule for any reason by following the
termination procedure located within the Account section of the administrative control panel prior to the beginning of any Schedule Renewal Term. If You terminate a Monthly Plan
prior to the end of the then-current Schedule Term,
lntermedia will not be required to refund to You any fees already paid, unless otherwise set forth in the applicable Schedule, and You shall pay all unpaid amounts for
Services provided through the date of termination and any third-party cancellation/termination charges related to the installation and/or termination of Services and the nonrecurring charges for any cancelled Services. (b) Annual or Multi-Year Plan. For an Annual or MultiYear Plan, You may terminate any Schedule for any reason Master Service Agreement (End User- Co-Op Partner) V 5.1 (effective May 28, 2024) Page 3 of 15 INTERMEDIA Master Service Agreement
by following the termination procedure located within the Account section of the administrative control panel at any time. If such a termination is effective prior to the end of the then-current Schedule Term, You will incur a fee that is equal to the sum of (i) all unpaid amounts for Services provided through the date of termination; (ii) any third-party cancellation/termination charges related to the installation and/or termination of Services, (iii) the non-recurring charges for any cancelled Services, if such charges have not already been paid; and (iv) one hundred percent (100%) of the remaining monthly recurring charges that would have been incurred for the ordered Services through the
remainder of the then-current Term. The early termination fee is not a penalty. It is an estimate of liquidated damages suffered by lntermedia as a result of Your early termination of the Services.
(c) Refunds/Fees for Termination by You. Fees for
non-recurring Services and set up fees will not be refunded.
Any fees previously waived, discounts, or rebates applied may be reinstated if You terminate the account during the Schedule Term or if You breach this Agreement, including any Schedule.
2.3. Termination by lntermedia.
(a) 30-Day Termination. lntermedia may terminate this
Agreement or any Schedule for any reason by providing · thirty (30) calendar days' notice. If lntermedia terminates this Agreement pursuant to this Section 2.3(a), then all Schedules will terminate at the end of the thirty (30) day notice period. If lntermedia terminates any Schedule
pursuant to this Section 2.3(a), then (i) for a Schedule with a Monthly Plan, if the effective termination date occurs prior to the end of the then-current Schedule Term, lntermedia will refund (or refrain from charging You) the pro rata monthly fees for the month in which Services terminate and (ii) for a Schedule with an Annual or Multi-Year Plan,
lntermedia will refund (or refrain from charging You) the monthly fees for the month in which Services terminate. For Schedules with either a Monthly Plan, Annual Plan or MultiEar Plan, if lntermedia terminates this Agreement, including any Schedule, pursuant to this Section 2.3(a), lntermedia will not charge You monthly fees for any month following the month in which lntermedia terminates this Agreement,
including any Schedule.
(b) Immediate Termination. lntermedia may terminate
this Agreement, including any Schedule, (or suspend Your Account) immediately and without prior notice for any of the following reasons:
(i) Any material breach of this Agreement,
including any Schedule, by You, as determined by
lntermedia in its sole discretion, including, but not limited to, failure to make any payment when due, violation of the AUP or any other lntermedia policy or procedure applicable to the Services as notified to You from time to time, which remains uncured beyond thirty (30) days' notice by
lntermedia; or
(ii) If Your use of the Services results in, or is
the subject of, actual or potential legal action or threatened legal action, against lntermedia or any of its affiliates, vendors, partners, representatives or customers, without consideration for whether such actual or potential legal action or threatened legal action is eventually determined to be with or without merit.
(c) Termination or Suspension of Users. In lieu of
terminating or suspending Your entire Account, lntermedia may suspend Your Account or terminate or suspend
individual Users.
(d) No Refunds; Further Payment Due. If lntermedia
terminates this Agreement, including any Schedule,
pursuant to Section 2.3(b ), (i) lntermedia will not refund to You any paid fees and (ii) You will be liable for any payment that would have been due had You terminated pursuant to Section 2.2.
2.4. Following Termination. Termination will not cancel or waive any fees owed to lntermedia or incurred prior to or upon termination. You agree that lntermedia may charge
such unpaid balance to Your Account on file or otherwise bill You for such unpaid balance. Upon termination, You must promptly uninstall all software provided by lntermedia in connection with the Services. All of Your Data will be irrevocably deleted promptly (as soon as fourteen (14)
calendar days) following the termination of this Agreement or the applicable Schedule, including but not limited to, databases, contacts, calendars, e-mail, website content, and any Data hosted by lntermedia. It will be solely Your responsibility to secure all necessary Data from Your
Account prior to termination. lntermedia will not be
responsible or otherwise liable for any loss of Your Data or any damages arising from the deletion of Your Data
following termination of the Services.
3. FEES, BILLING, TAXES, CHARGES.
3.1. Fees. The fees initially charged upon ordering any Service will be effective for the applicable Schedule Initial Term and each Schedule Renewal Term; provided that
lntermedia will have the right to increase these fees at any time upon thirty (30) calendar days' notice to You.
Notwithstanding anything to the contrary set forth in any Annual Plan, Multi-Year Plan or Schedule, if an lntermedia vendor increases the price that it charges to lntermedia for the underlying licenses or services that lntermedia delivers to You, then lntermedia shall be entitled to increase the price charged to You for such Service during the term of such Annual or Multi-Year Plan by an amount that is
proportional to the amount of such increase imposed upon Master Service Agreement (End User - Co-Op Partner) V 5.1 (effective May 28, 2024) Page 4 of 15 INTERMEDIA Master Service Agreement
lntermedia by such vendor. If You do not agree with any such fee increase, You will have th~ right to terminate the applicable Schedule immediately upon notice received
within thirty (30) calendar days of date of notice of the fee increase. All payments made to lntermedia shall be in U.S. dollars ( or any other currency as may be permitted in the applicable Schedule(s)).
3.2. Billing and Payment Arrangements. lntermedia will
bill You monthly for all established and recurring fees, and any applicable one-time fees in that month, including but not limited to interest, check paying program fees and returned check fees. Pro rata billing may occur throughout the course of a billing cycle for feature add-ons that You enable on your Account during any given month.
3.3. Payment by Automated Means.
(a) You may view and print an invoice for Your Account
using the administrative control panel made available to You. On or about the first (1st) day of each month,
lntermedia will apply the current monthly charges to Your automated payment method, the relevant information of
which You entered on the billing information page in the administrative control panel. Payment by automated means includes any form of automated payment accepted by
lntermedia from time to time, including Automated Clearing House (ACH) debits, credit card, debit card or other means.
Payments by credit card or debit card may be subject to additional surcharges, where permitted by law.
(b) You must provide lntermedia with valid automated
payment information as a condition to receive or use the Services. You are responsible for and agree to update
lntermedia with any changes to Your billing and/or
automated payment information (e.g., new or updated bank account information, credit card details, credit card
expiration date or other payment account information). By providing lntermedia with the automated payment
information, You authorize lntermedia to charge Your
automated payment account for any amounts arising
from or relating to the Services without further
authorization from You. It is Your responsibility to keep Your automated payment information up-to-date. If charges to Your automated payment account fail , lntermedia will email a warning to Your Account billing contacts.
(c) If lntermedia is unable to successfully process Your payment by automated means by the seventh (7th)
calendar day of the month for which the payment is due, Your payment will be considered late and not paid in full. lntermedia may suspend or terminate Your Account in
accordance with Section 2.3(b)(i) for failure to timely pay in full. Late payments are subject to a late-payment charge of the greater of (i) interest calculated at the lesser of (x) eighteen percent (18%) per year and (y) the maximum
amount permitted by law and (ii) twenty-five dollars ($25).
Such interest will accrue daily from the due date until the date of actual payment of the overdue amount, whether
before or after judgment. You will pay the interest
immediately on demand. You will pay all collection costs incurred by lntermedia (including, without limitation,
reasonable attorneys' fees).
3.4. Payment by Check.
(a) If You apply for and are accepted into lntermedia's check paying program in lntermedia's sole discretion ,
lntermedia will issue You an invoice within the first five (5) calendar days of each calendar month. Each invoice will include an invoice processing fee of twenty-five dollars ($25). Payment by check must be received by the fifteenth (15th) calendar day of each month. Acceptance into and
continued participation in lntermedia's check paying
program will be at lntermedia's sole discretion.
(b) Should Your check not be honored, a check fee of
the lesser of (i) fifty dollars ($50) and (ii) the maximum amount permitted by law, will be charged to Your Account.
In addition, lntermedia may require You to pay by cashier's check or money order.
(c) If lntermedia does not receive payment by the
fifteenth (15th) calendar day of the month for which the payment is due, Your payment will be considered late and not paid in full. lntermedia may suspend or terminate Your Account in accordance with Section 2.3(b )(i) for failure to timely pay in full. Late payments are subject to a latepayment charge of the greater of (i) interest calculated at the lesser of (x) eighteen percent ( 18%) per year and (y) the maximum amount permitted by law and (ii) twenty-five
dollars ($25). Such interest will accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You will pay the interest immediately on demand. You will pay all collection costs incurred by lntermedia (including, without limitation,
reasonable attorneys' fees).
3.5. Fees for Excess Use. You agree to monitor and
maintain Your Accounts within all lntermedia-specified
limits and in a manner that does not disrupt the activities of lntermedia and other lntermedia customers and users. If Your usage exceeds the limits for Your Account or may
disrupt the activities of other lntermedia customers, You agree that lntermedia may immediately, in its sole
discretion, (i) charge You for such excess usage via Your automated payment account, or by invoice if You have been accepted into lntermedia's check paying program, (ii)
upgrade You to a plan or increase the limits on Your
Account to address this excess usage, and/or (iii) suspend Your Account or terminate Your Account upon notice To
You. Usage and associated charges for excess usage will be determined based solely upon lntermedia's collected
usage information. Unused monthly allotments will not
Master Service Agreement (End User - Co-Op Partner) V 5.1 (effective May 28, 2024) Page 5 of 15 INTERMEDIA Master Service Agreement
accrue or carry over from one month to any other month.
Upon any upgrade or increase on the limits of Your Account, You will be responsible for the new costs and fees.
3.6. Taxes. In addition to lntermedia's charges, You will be liable for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, personal property, public utility or other taxes, fees or charges, including fees collected by federal and state
regulatory agencies, now in force or enacted in the future, that arise from or as a result of Your subscription, use, and/or payment for the Services. Such amounts are in
addition to payment for the Services and will be billed to You as set forth in this Agreement. If You are exempt from
payment of such taxes, You must provide lntermedia with an original certificate that satisfies applicable legal requirements attesting to Your tax-exempt status. Tax
exemption will only apply from and after the date lntermedia receives such certificate.
3.7. Fees for Additional Services. You agree to pay
lntermedia's then-current rates and expenses, including the cost of lntermedia's vendors, for any requests related to information retrieval, subpoenas, consulting and advisory services, or similar work.
3.8. Bill Disputes. You will notify lntermedia of any
dispute relating to charges billed to Your Account by
submitting a Billing Dispute Notification Form (available through lntermedia's customer service) to lntermedia within sixty (60) days of the date the disputed charges appeared on Your Account. The existence of a dispute will not relieve You from paying any and all amounts billed hereunder. You waive all rights to dispute any charges not disputed by written notice as required above.
3.9. Electronic Billing and Documentation. All billing and other documentation regarding the Services may be
provided electronically ("Electronic Documentation"). You acknowledge and agree that You are able to view all
Electronic Documentation and consent to receiving
Electronic Documentation and decline to receive hard
copies of any such materials. You agree to receive all such communications in the English language.
3.10. Modification Made by Co-Op Partner. You
acknowledge and agree that any charges, fees, surcharges, and taxes resulting from any changes made to Your
Account by the registered lntermedia Co-Op Partner are
Your sole and exclusive responsibility unless You select the option in your control panel indicating that You do not want Your registered lntermedia Co-Op Partner to have the
authority to manage Your Account.
3.10. Compliance, Administrative and Other Fees. For
certain Services, a Regulatory Compliance Fee,
Administrative Surcharge and/or Emergency Services Fee
is charged monthly to offset costs incurred by lntermedia in maintaining compliance with legal, regulatory, taxation and emergency services requirements, as well as related legal expenses. These fees are not a tax or charge required or assessed by any government.
4. USE OF THE SERVICES.
4.1. Internal Use. You will use the Services for Your own internal business, non-residential and non-personal use.
You acknowledge and agree that You will not allow any third party, including Your vendors and service providers, to access or use the Services unless such third party is
allowed access for the purpose of providing authorized
customer support services or in connection with Your
appropriate use of the Services for Your own business
purposes.
4.2. Restricted Activities. You will not (i) use any Service for any purpose outside the Service's intended scope,
features, and function set, (ii) use any Service for third-party training, (iii) use any Service as an application service provider or service bureau, unless You have entered into a separate written agreement with lntermedia to provide such services, (iv) use any Service for timesharing or rental, (v) use any Service to design software or other materials or services with similar or competitive functionality for any purpose, including distribution to third parties, (vi) except with respect to Your Data, duplicate any portion of the Services or display, distribute, publish, or otherwise
disclose any Service; (vii) use any of the Services to
interface with any other service or application that is outside the scope of intended use; (viii) decompile, disassemble, or otherwise reverse engineer any portion of the Services; (ix) make any modification or interface to any Service that is not specifically authorized by lntermedia without prior written consent of lntermedia; (x) resell or sublicense any portion of the Services, and any purported resale or sublicense will be void; and (xi) store, maintain, or use on or through the Service any PHI, unless a formal Business Associate
Agreement (in a form acceptable to lntermedia in its sole discretion), if required by applicable law, has been executed between lntermedia and You. You may not access the
Services for purposes of monitoring their performance,
availability, or functionality, or for any other benchmarking or competitive purposes, without lntermedia's prior written consent. You may not, without lntermedia's prior written consent, access the Services if You are a direct competitor of lntermedia.
4.3. Applicable Law. You acknowledge and agree that
access and use of the Services may be restricted or limited as a result of Applicable Laws and that You will not use, or allow the use of the Services in contravention of, and will comply with, any Applicable Law. You represent that (i) You and Your Users are not named on any Government
Master Service Agreement (End User- Co-Op Partner) V 5.1 (effective May 28, 2024) Page 6 of 15 INTERMEDIA Master Service Agreement
Authority list of persons or entities prohibited from receiving exports, and (ii) You will not permit Users to access or use Services in violation of any export embargo, prohibition or restriction. You acknowledge and agree that that it is Your sole responsibility to use the Services in a lawful manner.
4.4. Technical Support Requests. You have purchased
the Services with the assistance of an lntermedia registered Co-Op Partner that is contractually obligated to lntermedia to provide You with technical support assistance with
respect to the Services. Accordingly, You agree that You will contact Your lntermedia registered Co-Op Partner (and not lntermedia) with all requests for technical support related to the Services.
5. YOUR DATA; FEEDBACK.
5.1. Submission of Your Data. Any Data You provide to
lntermedia in connection with the Services must comply
with the AUP. Attempting to place or transmit, or requesting placement or transmission, of Data that does not comply with the AUP will be a material breach of this Agreement. lntermedia may, in its sole discretion, reject or remove Data that You have used or attempted to use with respect to the Services. Any Data used with respect to the Services by or through You will be free of any and all malicious code, including without limitation, disabling devices, drop dead devices, time bombs, trap doors, trojan horses, worms,
computer viruses and mechanisms that may disable or
negatively impact the Services or lntermedia's servers. You hereby represent and warrant to lntermedia that You have the right to use any patented, copyrighted, trademarked, proprietary or other material in connection with Data that You use, post, or otherwise transfer or transmit with respect to the Services.
5.2. Public Disclosure of Data. You are solely
responsible for ensuring that You do not accidentally make any private Data publicly available. Any Data made public may be publicly accessible through the internet and may be crawled and indexed by search engines or other third
parties. By making any Data publicly available on any of the Services, You affirm that You have the consent,
authorization or permission, as the case may be, from every person who may claim any rights in such Data to make such Data available in such manner.
5.3. Data Takedown. By making any Data publicly
available in the manner aforementioned, You expressly
agree that lntermedia will have the right to block access to or remove such Data made available by You, if I ntermedia receives complaints, inquiries or notices concerning any illegality or infringement of rights in such Data. You
expressly consent to determination of questions of illegality or infringement of rights in such Data by the agent
designated by lntermedia for this purpose.
5.4. Filtering. lntermedia may employ various filtering methods to reduce unwanted content, such as SPAM e-mail or calls, from reaching Your lntermedia Account. You
acknowledge and agree that such methods may prevent
legitimate content or communications from reaching Your Account and that lntermedia will not be liable therefor.
5.5. Control. lntermedia is not obligated to exercise
control over the content of information, including Your Data, passing through lntermedia's network except any controls expressly provided in this Agreement.
5.6. Feedback. Any feedback, recommendations,
enhancement requests, suggestions, testimonials,
endorsements, information or materials conveyed to
lntermedia by You or Your Users in connection with the
Services shall be collectively deemed "Feedback." You
agree to grant and hereby grant to lntermedia a perpetual, transferable, irrevocable, royalty-free, worldwide license (with the right to grant and authorize sublicenses) to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit such Feedback
without restriction.
6. CONFIDENTIALITY AND PRIVACY.
6.1. Confidential Information. "Confidential Information" is all confidential 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. Your Confidential Information will include Your Data. lntermedia's Confidential Information will include the Services (and any portion thereof), the terms and
conditions of this Agreement and any Schedules, and all related Service order forms, as well as lntermedia's
business and marketing plans, technology and technical
information, product plans and designs, and business
processes disclosed by lntermedia. Confidential
Information will not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the
Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party. The Receiving Party may disclose Confidential
Information to the extent required to comply with binding orders of governmental entities that have jurisdiction over it; provided however that, to the extent legally permitted by law to do so, the Receiving Party gives the Disclosing Party reasonable written notice to allow the Disclosing Party to seek a protective order or other appropriate remedy,
Master Service Agreement (End User - Co-Op Partner) V 5.1 (effective May 28, 2024) Page 7 of 15 INTERMEDIA Master Service Agreement
discloses only such Confidential Information as is required by the governmental entity, and uses commercially
reasonable efforts to obtain confidential treatment for any Confidential Information disclosed. You acknowledge that lntermedia, and its licensors, retain all intellectual property rights and title, in and to, all of their Confidential Information and/or other proprietary information. This shall include, but not be limited to: products, services, and the ideas,
concepts, techniques, inventions, processes, software or works of authorship developed, embodied in, or practiced in connection with the Services provided by lntermedia
hereunder.
6.2. Protection of Confidential Information. Except as
otherwise permitted by this Agreement or in writing by the Disclosing Party, (i) the Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) not to disclose or use any
Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) the Receiving Party will limit access to Confidential Information of the Disclosing Party to those of its employees,
contractors and agents who need such access for purposes consistent with this Agreement and who are bound by
confidentiality obligations at least as protective of Disclosing Party and its Confidential Information as the provisions of this Agreement.
6.3. Use and Disclosure by lntermedia. Notwithstanding
the foregoing, lntermedia may use or disclose Your Data (i) as expressly permitted in writing by You , and (ii) as
expressly provided in this Agreement, including (a) in
accordance with the Privacy Policy (as if such Data were "Information" as defined under the Privacy Policy), and (b) to access Your Data to provide the Services or prevent or address service or technical problems, or at Your request in connection with customer support matters. You expressly consent to the foregoing use and disclosure.
7. BETA OFFERINGS.
The SLAs do not apply to any Beta Offerings.
Notwithstanding anything else set forth in this Agreement, lntermedia does not make any representations or
warranties regarding any Beta Offering or the integrity of any data stored in connection with any Beta Offering. You are strongly discouraged from using any Beta Offering in connection with sensitive data. lntermedia may, in its sole discretion, change or terminate any Beta Offering without notice and does not represent or warrant the result of any such action. lntermedia may, in lntermedia's sole discretion, convert any Beta Offering to a paid service upon notice to You . To avoid incurring increased charges following such a conversion, You must terminate (i) the individual converted service (if possible) by contacting lntermedia as directed in the conversion notice, or (ii) if You subscribe to no other services under Your Account, the entire Account, pursuant to Section 2 of this MSA.
8. LIMITED WARRANTY; LIMITATION ON
LIABILITY; THIRD-PARTY SERVICES.
8.1. Limited Warranty. lntermedia provides the Services and any related products on an "as is" basis, except as otherwise specifically set forth in the applicable SLA. You expressly agree that use of the Services is at Your sole risk.
To the fullest extent permitted by applicable law, lntermedia and the lntermedia Parties expressly disclaim all warranties of any kind, whether express, implied, statutory, or
otherwise, oral or written , including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. You hereby agree that the terms of this Agreement, including any Schedule, will not be altered due to custom or usage or due to the parties' course of dealing or course of performance under this Agreement, including any Schedule.
8.2. Limitation on Liability. lntermedia and lntermedia Parties will not be liable for any direct, indirect, incidental, special, punitive or consequential damages (including but not limited to damages for lost profits, business interruption, loss of programs or information, and the like) in connection with any claim arising under or in connection with this Agreement or the Services provided hereunder, regardless of whether lntermedia or any lntermedia Party has been
advised of such damages or their possibility. Some
jurisdictions do not permit exclusion or limitation of liability for all types of damages (including the province of Quebec), so the preceding exclusions may not apply to all parties; in such jurisdictions, and only such jurisdictions, the liability is limited to the fullest extent permitted by law. lntermedia will not be liable for any harm that may be caused by Your
access to application programming interfaces or the
execution or transmission of malicious code or similar
occurrences, including without limitation, disabling devices, drop dead devices, time bombs, trap doors, trojan horses, worms, viruses and similar mechanisms. You agree that the total liability of lntermedia and any lntermedia Party and Your sole remedy for any claims (i) regarding the Services for which a remedy is set forth in the applicable SLA is limited to the credits set forth in such SLA; and (ii) regarding the Services, other than those specifically described in clause (i) of this Section 8.2, is limited to the lesser of (a) One Thousand Dollars ($1 ,000) and (b) the prior one (1) month of Service fees paid under this Agreement by You to lntermedia.
8.3. Other Liability. None of the lntermedia Parties is responsible to You for any warranty provided by lntermedia.
8.4. Third-Party Services. lntermedia may link to or offer Third-Party Services on lntermedia's website or otherwise Master Service Agreement (End User - Co-Op Partner) V 5.1 (effective May 28, 2024) Page 8 of 15 INTERMEDIA Master Service Agreement
through the Services. Any purchase, enabling, or
engagement of Third-Party Services, including but not
limited to implementation, customization, consulting
services, and any exchange of Data between You and any
Third-Party Service, is solely between You and the
applicable Third-Party Service provider and is subject to the terms and conditions of such Third-Party Provider.
lntermedia does not warrant, endorse or support ThirdParty Services and is not responsible or liable for such Services or any losses or issues that arise as a result of Your use of such services. If You purchase, enable or
engage any Third-Party Service for use in connection with the Services, You acknowledge that lntermedia may allow providers of those Third-Party Services to access Your Data used in connection with the Services as required for the interoperation of such Third-Party Services with the
Services. You represent and warrant that Your use of any Third-Party Service signifies Your independent consent to the access and use of Your Data by the Third-Party Service provider, and that such consent, use, and access is outside of lntermedia's control. lntermedia will not be responsible or liable for any disclosure, modification or deletion of Data resulting from any such access by Third-Party Service
providers.
9. OWNERSHIP AND CONTROL.
9.1. No Transfer. Except for rights expressly granted in this Agreement, including any Schedules, lntermedia does not transfer any intellectual or other property or proprietary right to You. All right, title, and interest in any Service provided to You, including without limitation any copyright, trade secret and vested or potential trademark and patent rights, is solely the property of lntermedia and its vendors and licensors. As between You and lntermedia, all materials distributed by lntermedia in connection with the Services will at all times remain the property of lntermedia, and upon the request of lntermedia or upon termination of this
Agreement or any Schedule, You will promptly return any and all such materials.
9.2. Control. lntermedia will have sole and complete
control over, and reserves the right at any time to make changes to, the configuration, appearance, content and
functionality of the Services. In addition, lntermedia
reserves the right, at any time, without prior notice, to the exercise of its sole discretion to suspend or terminate any Service for the protection of the security and integrity of the Services or other business, technical or financial
considerations as determined by lntermedia.
10. INTELLECTUAL PROPERTY PROTECTION.
lntermedia will, at its own expense, defend or at its option settle, any claim brought against You by a third party on the issue of infringement of any copyright, patent, or trademark of that third party, in each case by the "lntermedia
Technology," as defined below in this Section 10; provided that You provide lntermedia with (a) prompt written notice of such claim; (b) control over the defense and settlement of such claim; and (c) proper and full information and
assistance to settle and/or defend any such claim. In the event of any claim for which lntermedia may be obligated to defend or settle in accordance with this Section 10,
lntermedia may at its sole option and expense, either: (i) procure the right to use the lntermedia Technology as
provided herein; (ii) replace the lntermedia Technology with other non-infringing products with equivalent functionality; (iii) suitably modify the lntermedia Technology so that it does not infringe; or (iv) terminate this Agreement.
lntermedia assumes no liability for infringement claims arising from: (1) any combination of the lntermedia
Technology with products or technology not provided by
lntermedia, if the infringement would not have occurred if the lntermedia Technology had not been so combined; (2) any modification of the lntermedia Technology, in whole or in part, by anyone other than lntermedia, if the infringement would not have occurred but for such modification; (3) use by You of any lntermedia Technology after lntermedia
notifies You that continued use may subject You to such claim of infringement, provided that lntermedia provides You with a replacement release of the lntermedia
Technology; ( 4) any proprietary or intellectual property rights not expressly identified in this Section 1 O; or (5) any non-United States proprietary or intellectual property rights. "lntermedia Technology" means the software of lntermedia which is delivered to You in connection with Your use of the Services. This Section 10 sets forth the entire liability and obligations of lntermedia, and Your exclusive remedy, with respect to any actual or alleged infringement of any
intellectual property or proprietary right by the Services. The terms of this Section 10 are subject to the limitations of Section 8.
11. HARDWARE, EQUIPMENT, AND SOFTWARE.
Unless purchased from lntermedia or one of its affiliates pursuant to a separate written agreement, You are
responsible for and must provide all hardware, software, services and other components necessary to access and
use the Services. lntermedia makes no representations,
warranties, or assurances that third party hardware,
software, services and other components will be compatible with any Service. lntermedia reserves the right to change or upgrade any equipment or software that it uses to provide the Services without notice to You. lntermedia will install security patches, updates, upgrades and service packs
("Updates") as it determines in its sole discretion, and reserves the right, but not the obligation, to roll back any Updates. Updates may change system behavior and
functionality and as such may negatively affect the Services used by You. lntermedia cannot foresee nor be responsible Master Service Agreement (End User - Co-Op Partner) V 5.1 (effective May 28, 2024) Page 9 of 15 INTERMEDIA Master Service Agreement
or liable for service disruption or changes in functionality or performance due to Updates. lntermedia is not responsible or liable for issues that may arise from incompatibilities between Your Data and use of the Services and any Update or hardware or software change or configuration, regardless of whether discretionary or requested.
12. INDEMNIFICATION.
You agree to defend, indemnify, save, and hold lntermedia and the lntermedia Parties harmless from any and all
demands, liabilities, losses, costs, and claims, including reasonable attorneys' fees, asserted against them that may arise or result from Your use of the Services, Your breach of this Agreement (or any Schedule), or Your negligence or willful misconduct.
13. MODIFICATION OF TERMS.
lntermedia may update, amend, modify or supplement the
terms and conditions of this Agreement, including any
Schedules, any SLAs, the AUP, the DPA and the Privacy
Policy, from time to time by giving You notice. Such
changes will take effect immediately. Any such modification may be made without the consent of any third party
beneficiaries of this Agreement. You can review the most current version of this MSA, the Schedules, the SLAs, the AUP, the DPA, and the Privacy Pol icy at any time at
http://www.intermedia.com/leqal, and You can also review the most current version of the DPA at any time in
lntermedia's Administrative Control Panel. Your continued use of Your Account or the Services after lntermedia posts a new version of the Agreement will be conclusively
deemed to be acceptance by You of any such new version.
14. MISCELLANEOUS.
14.1. Governing Law; Jurisdiction; Forum; Attorneys'
Fees. This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws or its principles. Any claim or suit arising out of or relating to this Agreement will be brought exclusively in any court of competent jurisdiction located in Santa Clara County, California. In any action to enforce this Agreement, including, without limitation, any action by lntermedia for the recovery of fees due hereunder, You agree to pay lntermedia's reasonable attorneys' fees and costs in connection with such action if lntermedia
prevails in such action. You agree to waive the right to trial by jury with respect to any proceeding related to or arising out of this Agreement.
14.2. Written Communications and Notice. You accept
that communication from lntermedia may be electronic.
lntermedia may contact You by e-mail or provide You with information by posting notices on lntermedia's website or to Your Account. You agree to receive all such
communications in the English language. You agree to this electronic means of communication and You acknowledge
that all contracts, notices, information and other
communications that lntermedia provides to You
electronically are acceptable and effective as notice. Except as otherwise specified in this Agreement, all notices,
permissions and approvals hereunder will be in writing and will be deemed to have been given (i) immediately upon
personal delivery, (ii) the second (2nd) business day after mailing, (iii) the second (2nd) business day after sending by confirmed facsimile, or (iv) the first (1st) business day after sending by email or, if from lntermedia to You, online
posting. Notices to You shall be written in English and may be addressed by lntermedia to any e-mail address, postal address or facsimile number registered with lntermedia, or through means of online posting through the Services.
Notices to lntermedia that are not expressly authorized by administrative control panel under this Agreement shall be written in English and mailed to lntermedia.net, Inc., 100 Mathilda Place, Suite 600, Sunnyvale, California 94086, Attn: Legal Department, or such other address as
designated on lntermedia's website from time to time.
14.3. Authority, Age and Capacity. The individual
accepting this Agreement on behalf of You represents and warrants that he/she has the authority to bind You to this Agreement. You hereby represent and warrant that each
User has reached the older of (i) the age of eighteen (18) and (ii) the age of majority in the User's jurisdiction, and that You are not subject to a limitation on Your ability to enter into this Agreement.
14.4. Severability. If any one or more of the provisions contained herein will, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any of the other provisions of this Agreement, and this Agreement will be construed as if such provision(s) had never been contained herein, provided that such provision(s) will be curtailed , limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.
14.5. Waiver. No waiver by either party of any breach by the other party of any of the provisions of this Agreement will be deemed a waiver of any preceding or succeeding
breach of this Agreement. No such waiver will be effective unless it is in writing signed by the parties hereto, and then only to the extent expressly set forth in such writing .
14.6. Remedies. The rights and remedies of the parties
hereunder shall not be mutually exclusive, i.e., the exercise of one ( 1) or more of the provisions hereof shall not preclude the exercise of any other provision hereof. The parties acknowledge, confirm and agree that damages may be
inadequate for a breach or a threatened breach of this
Agreement and , in the event of a breach or threatened
Master Service Agreement (End User - Co-Op Partner) V 5.1 (effective May 28, 2024) Page 10 of 15 INTERMEDIA Master Service Agreement
breach by You or Your Users of any provision hereof, the respective rights and obligations hereunder shall be
enforceable by specific performance, injunction or other equitable remedy. Nothing contained in this Agreement
shall limit or affect any rights at law or statute or otherwise for a breach or threatened breach of any provision hereof, it being the intent of this provision to clarify that the respective rights and obligations of the parties shall be enforceable in equity as well as at law or otherwise.
14.7. No Assignment. No benefitordutyofYou under this
Agreement will, without the consent of lntermedia, be
subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or charge, and any attempt to do so will be void. lntermedia may assign this Agreement without Your consent and without notice.
14.8. Fair Interpretation, Headings. This Agreement
reflects terms that are mutually agreeable to the parties.
This Agreement will be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either party based on draftsmanship of the
Agreement or otherwise. The headings and captions used
in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
14.9. Force Majeure. Except for monetary obligations,
neither party shall be liable to the other for failure or delay in the performance of a required obligation hereunder if such inability or delay is caused by reason of Force Majeure Event. "Force Majeure Event" is any cause beyond a party's reasonable control or anticipation, including, without
limitation, acts of war, acts of god, terrorism , earthquake, hurricanes, flood , fire or other casualty, embargo, riot, sabotage, labor shortage or dispute, governmental act,
insurrections, epidemics, quarantines, inability to procure materials or transportation facilities, failure of power, restrictive governmental laws or regulations , condemnation, acts of third parties, failure of the Internet or other reason that is beyond a party's reasonable control or anticipation.
14.10. Survival. The preamble, "Definitions" and Sections 2, 3, 4, 5, 6, 8, 9, 10, 12, 13 and 14 of this MSA will survive termination.
14.11. Independent Parties. Notwithstanding anything to the contrary herein, it is acknowledged, confirmed, and agreed that You shall be, and shall be deemed to be, an independent entity for all intents and purposes, including, without limitation, federal taxation. You shall pay all expenses in connection with performing Your obligations hereunder and shall not incur any indebtedness on behalf of lntermedia in connection with such expenses. Neither party shall have or hold itself out as having any right, authority nor agency to act on behalf of the other party in any capacity or in any manner, except as be specifically authorized in this Agreement.
14.12. Entire Agreement; Third Party Beneficiaries. This Agreement, including any Schedules, constitutes the entire agreement for provision of the Services to You and
supersedes all other prior agreements and understandings, both written and oral, between You and lntermedia with
respect to the Services. You understand and agree that (i) lntermedia and You may include, as the sole third party beneficiaries of this Agreement, the lntermedia Parties, and (ii) in the event of any breach of this Agreement, including any Schedule, such lntermedia Parties shall have all rights and remedies available to them as if they were parties to this Agreement, including claiming the benefit of Section 8 of this MSA.
14.13. Language. The parties confirm that they have
requested that this Agreement and all related documents be drafted in English. Les parties aux presentes ant exige que la presente entente et taus /es documents connexes
soient rediges en anglais.
Master Service Agreement (End User - Co-Op Partner) V 5.1 (effective May 28, 2024) Page 11 of 15 Attachment 1
Enhanced 911 Service - Disclosures, Notices and Disclaimers IMPORTANT: EMERGENCY 911 CALLING INFORMATION (U.S. and Canada) This document provides very important information about emergency 911 calling using the Internet phone service of Accessline Communications Corporation dba Voice Telco Services ("Voice Telco Services"), a wholly owned subsidiary of lntermedia.net, Inc. ("lntermedia"), included as part of the lntermedia Unite® and Cloud PBX services. This document also describes the steps that you, as a customer of this service ("You"), should take to ensure Your safety and the safety of Your employees and visitors.
Capitalized terms used in this document but not otherwise defined have their respective meanings set forth in the Master Service Agreement between You and lntermedia. Note that this document is incorporated into the terms of Your Master Service Agreement and creates a legally binding obligation on You.
Dear Customer:
Emergency 911 Services (including Enhanced 911 or "E911 ") provided by Voice Telco Services differ from the emergency calling services provided by a traditional telephone company. These differences may have an adverse impact upon the ability or timeliness of 911 responders to respond to or assist You or others in the event of an emergency. In addition, due to limitations on technology or other factors, the location reported by Voice Telco Services to the public safety dispatcher for Your telephones may not include a user's specific location within a business premise. For this reason, it is important that You carefully follow the instructions below.
As part of the initial process of subscribing to our voice services, You provide us with the street address, city, and state ("Default Service Location") where the applicable phone number (and the associated Voice Telco Services voice service) will typically be used by the applicable user. In addition, as further described below, You or Your users (depending on the application) may at any time register a different service location (i.e., different from the Default Service Location), specifically to be used by Voice Telco Services when transmitting an emergency service call, for each of Your registered devices and installed softphone applications to indicate where the applicable device or application (and the associated Voice Telco Services voice service) are being used by the applicable user ("Registered E911 Location"). IMPORTANT: Please note that the Registered E911 Location for mobile and desktop applications may be changed only by the applicable end user; however, the Registered E911 Location for all other devices (such as desk phones) may only be maintained by an account administrator.
Except as provided below for Canada, our customers have access to either basic 911 or E911 service depending on their Registered E911 Location (or, if none, their Default Service Location):
• If You are a customer located in an area where the applicable emergency center offers E911 service, then, when You dial 911, Your Voice Telco Services telephone number and applicable registered address are sent by Voice Telco Services to the emergency center, where public safety dispatchers have access to this information in order to send help and call You back if necessary. • However, if You are a customer located in an area where the applicable emergency center only offers basic 911 service, then , when You dial 911, the emergency center is not equipped to automatically receive Your telephone number and address, and public safety dispatchers answering the call may not be able to access Your Voice Telco Services telephone number and/or registered address. Therefore, in this situation, You must be prepared to supply this information on the call. Until You supply the public safety dispatchers with Your phone number and address, Master Service Agreement (End User - Co-Op Partner) V 5.1 (effective May 28, 2024) Page12of15 the dispatcher may not be able to send help, and they may not be able to call You back if the call is disconnected or dropped.
If You are calling from a Canadian phone number, when You dial 911, You will only have access to basic 911 service. Your call will first be routed to an emergency services operator. You will need to verbally provide Your location to the operator. After the operator verbally determines Your location, the operator will transfer the call to the appropriate Public Safety Answering Point (PSAP). Therefore, in this situation, You must be prepared to supply Your telephone number and/or registered address on the call . Until You supply this information to the operator, the operator may not be able to send help and may not be able to call You back if the call is disconnected or dropped.
For the purposes of 911, and to ensure the safety of You, Your employees, and Your visitors:
• You must register with Voice Telco Services the Default Service Location (the physical location where the applicable phone number (and the associated Voice Telco Services voice service) will typically be used by the applicable user) at the time of initial subscription to the voice service. It is Your responsibility to confirm the accuracy of Your Default Service Location upon initial registration, and upon any further changes, additions, or transfers of phone numbers or phone devices. You can do this by using Your online account portal; and • You or Your users (depending on the application) must register with Voice Telco Services the Registered 911 Location (the physical location, for each device or softphone application, where our service is then being used), whenever that location changes from time to time. It is Your users' responsibility to confirm the accuracy of the Registered 911 Location associated with each device and softphone application, including, with respect to mobile and desktop applications, updating such address within the voice service application whenever the physical location to which service is provided to the applicable mobile or desktop application changes from time to time.
We will register both the Registered 911 Location (for each device or softphone application) and the Default Service Location (for each user or phone number). It is Your and Your users' responsibility, when a user uses the Voice Telco Services voice services in a different location than the Default Service Location or the Registered 911 Location, to promptly update the applicable address(es) that are registered with Voice Telco Services. It is also Your responsibility to require each user to provide Voice Telco Services with their specific location within Your premises in the event of an emergency. If You (or Your users, as applicable) do not update the Registered 911 Location (or, if no Registered 911 Location is provided, the Default Service Location), Your 911 calls may be directed to an emergency center near Your old registered service address (instead of the new location), which may result in 911 responders being delayed in responding, or unable to respond, to the reported emergency. You may register only one Registered 911 Location at a time for each device or softphone application, and You may register only one Default Service Location for each phone line or user. To be clear, You or Your users (depending on the application) must re-register the Registered 911 Location with Voice Telco Services each time the user changes the physical location to which voice services are provided to the applicable device or softphone application. Please note that this is standard and customary practice for any Internet-based voice service, and it is designed to keep You , Your employees, and Your visitors safe in case of an emergency.
With lntermedia Unite, You have the ability to connect Your voice service to multiple devices and endpoints. Please note the following important service limitations with regard to the use of such devices or endpoints:
• Note that You or Your users must register the correct Registered 911 Location address for each separate device or softphone application within the Voice Telco Services application (e.g., home phone, office phone, mobile device application, etc.).
Master Service Agreement (End User- Co-Op Partner) V 5.1 (effective May 28, 2024) Page13of15 • Emergency 911 calls are supported from the lntermedia Unite mobile application as follows:
o Except as provided below for Canada, emergency 911 calls placed through the lntermedia Unite mobile application will be processed (e.g., routed to a local Public Safety Answering Point (PSAP)) using the Registered 911 Location address registered with Voice Telco Services for the mobile application (or, if no Registered 911 Location has been provided to Voice Telco Services, the Default Service Location registered with Voice Telco Services for the applicable phone number or user). Therefore, if the caller is not physically located at that Registered 911 Location (or Default Service Location , as applicable), the call may be routed to a PSAP that is not local to the caller's then-current location, and the caller will need to verbally provide his/her location to the emergency responder. As a result, there is a risk of delay in the processing of emergency 911 calls placed through the mobile application (due to calls being incorrectly routed and additional handling and transfer time), as well as a risk that the emergency service providers may not be able to identify the caller's location (and thus not be able to provide the emergency services needed by the caller) if the caller is unable to verbally communicate his/her location; and any of these events may result in the caller not receiving the emergency services they require in a timely manner, or at all. It is solely the responsibility of You and Your end users (and not the responsibility of lntermedia) to ensure that the correct and current Registered 911 Location and Default Service Location for the lntermedia Unite mobile application are maintained at all times within lntermedia's systems.
o In Canada, all emergency 911 calls placed through lntermedia Unite, including the lntermedia Unite mobile application, will first be routed to an emergency service operator, which will transfer the call to the appropriate PSAP after verifying the caller's location. As a result, there is a risk of delay in the processing of emergency 911 calls due to additional handling and transfer time. In addition, if the caller is unable to communicate his/her location to the operator, the operator may not be able to route the call to the appropriate PSAP. Thus the caller may not receive emergency services he/she requires in a timely manner, or at all.
• Voice Telco Services recommends that any emergency 911 calls placed on a mobile device be made using the mobile phone's native dialer, instead of through the lntermedia Unite mobile application, as the mobile carrier infrastructure is better able to obtain and provide accurate location information to enable the call to be routed to the most appropriate PSAP. 911 service over Internet-based voice service has several limitations. Such limitations, including those discussed above, may prevent You from making emergency calls and include but are not limited to any of the following:
Loss of electrical power
Loss of Internet connection for any reason
Termination of Your account by your broadband ISP or by Voice Telco Services Defective or misconfigured customer premises equipment or software Network congestion
Delays in updating the applicable Registered 911 Location or Default Service Location on file with Voice T elco Services
Non-voice equipment, such as security systems and medical monitoring equipment Relocating the equipment outside of the jurisdictions permitted by the Master Service Agreement and applicable product schedules
Simultaneous use of one line with multiple pieces of equipment The failure of the emergency response center to answer Your calls Failures of third parties responsible for routing 911 calls Master Service Agreement (End User - Co-Op Partner) V 5.1 (effective May 28, 2024) Page 14 of 15 You should advise all of Your employees, invitees, guests, visitors, and every other person who visits Your facility and/or who may make calls using the service of the limitations described above.
In some cases, emergency calls may not be routed to the designated emergency center in Your area.
Rather, an emergency call may be routed to an alternative emergency center that may not have access to any or all of Your Registered 911 Location or Default Service Location information. Consequently, a user should be prepared to provide sufficient information with respect to their physical location to a public safety dispatcher.
This method may delay the dispatch of emergency personnel to the user's location. If the emergency call is disconnected for any reason prior to the time the user has provided a location and callback number, emergency personnel will have no way to contact the user or determine the user's identity or location, and the user should immediately redial 911.
It is important that You place the stickers shipped with the phones purchased from Voice Telco Services, or the label (supplied with this letter) for phones You supplied yourself, next to all devices which use the Voice Telco Services service, including all session initiation protocol ("SIP") telephones, analog telephone adapters and telephones attached to an analog telephone adapter having the capability of connecting to our service, as well as all computers having softphone software installed.
The sticker or label should be conspicuously located near or on each device so that a caller can easily see it. Failure to situate a sticker or label near or on each device may result in a caller not knowing that he/she may not be able to reach 911 in the event of an emergency.
You acknowledge and agree that if You are not comfortable with the limitations of Voice Telco Services' 911 service, that You should always have an alternative means of accessing emergency service. To ensure that You and Your Users have access to emergency services, You acknowledge and accept that it is Your sole responsibility to purchase, from a third-party separately from Voice Telco Services, traditional wireless or landline telephone service as a backup means of completing emergency calls. If the Service is used in a home office environment, it is not intended to be used for personal, residential, nonbusiness or nonprofessional commercial use. A home office user must provide alternative arrangements for residential emergency calls.
To check Your 911 activation status, log in to Your account or dial support from Your Voice Telco Services phone.
Master Service Agreement (End User - Co-Op Partner) V 5.1 (effective May 28, 2024) Page 15 of 15 Acknowledgement of contract terms
I, authorized representative of City of Reedley
hereby acknowledge and agree to the following:
1. Without limitation or qualification, to be bound by, and to comply with the terms of the lntermedia.net, Inc. ("lntermedia") Master Service Agreement for the full Term indicated below as acknowledged and initialed below.
2. To purchase the Services for the full Term and to be responsible for paying I ntermedia or its designee all charges for Services, including but not limited to, products, services, communications circuits [lines, e.g. SIP, MPLS, POTS), long distance [as is stated by your plan, on your quotation), directory assistance charges and for all estimated taxes, fees and surcharges imposed by lntermedia for use of the Services.
3. To pay the "up front" set up and connectivity fees and charges [ e.g. communications circuits, etc.) in connection with the placement of our purchase order or request for the Services and/or Products incurred by lntermedia on our behalf and the first month's charges for Services for which installation has been completed .
4. In the event of a cancellation of the Purchase or Service Order after lntermedia acceptance and prior to Customer activation, to immediately pay lntermedia all charges incurred by lntermedia related to the installation and/or cancellation of the Service plus one month's recurring charges for the cancelled Services.
By signing this Agreement, you represent and warrant that you have the authority to bind City of Reedley to this
Agreement, that you have reached the age of majority in your jurisdiction [generally, 18 years of age) and you have the required capacity to enter into this agreement on behalf of City of Reedley
Taut Metik{aM Paul Melikian Apr29, 2025
Paul Melikian (Apr 29, 202512:00 PDT)
Signature Name Date
DATE:
TITLE:
May 13, 2025
REEDLEY CITY COUNCIL
[g] Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 4:
APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN ON
BEHALF OF THE CITY OF REEDLEY A SERVICE AGREEMENT WITH
KINGS CANYON UNIFIED SCHOOL DISTRICT FOR NARCOTICS
DETECTION, INTERVENTION AND PREVENTION FOR A PERIOD OF
3 YEARS BEGINNING JULY 1, 2025 THROUGH JUNE 30, 2028.
PREPARED: Gary Kincaid, Police Commander ,Jc//L-- ,
SUBMITTED:
APPROVED: Nicole R. Zieba, City Manager
RECOMMENDATION
That the City Council approves and authorizes the City Manager to sign on behalf of the City of Reedley (CITY) a 3-year service agreement with Kings Canyon Unified School District (KCUSD) for Narcotics Detection, Intervention, and Prevention for the 2025-2028 school years.
BACKGROUND
The Reedley Police Department has provided Narcotics Detection, Intervention, and Prevention for KCUSD for many years. The purpose of the agreement is to continue a partnership between the City of Reedley and the Kings Canyon Unified School District to control possession of contraband by students in the school district.
The City of Reedley will be responsible for providing Narcotics Detection, Intervention, and Prevention utilizing contraband detection canines. These inspections are unannounced and are to detect "School Defined" contraband and legally defined contraband. School-defined contraband as defined by the District are; all drugs of abuse (in the broadest terms), alcoholic beverages, firearms and ammunition, prescription, and over the counter medication. Legally defined contraband is any illegal property for anyone to possess, such as but not limited to narcotics and stolen property.
The City of Reedley and the Kings Canyon Unified School District believe violations are detrimental to students' welfare and contrary to the desire to create, foster, and maintain an atmosphere conducive to safety and education. This policy and partnership will not only detect contraband on the campuses impacted. However, it will also likely prevent many individuals from bringing contraband on campuses of KCUSD.
Historically, KCUSD has agreed to pay the CITY $350.00 per search visit for the contract period. The CITY is proposing to increase the service fee to $397.46 per search visit during first year of the agreement. This proposed increase has been calculated due to increases in personnel costs over the past few years. The service fee will increase by 3% in year 2 of the agreement (2026-2027 school year), resulting in a total of $409.39 per visit. The service fee will increase by 3% in year 3 of the agreement (2027-2028 school year), resulting in a total of $421.68 per visit.
KCUSD has tentatively requested a minimum of 14 searches to be billed monthly, but that number may fluctuate based on need and campus availability.
The City of Reedley believes this is an important partnership to combat criminal activity, possession of contraband on KCUSD campuses, and allow KCUSD to more effectively dispose of contraband by turning it over to the Reedley Police Department for destruction.
FISCAL IMPACT
The general fund will receive approximately $5,564 from this agreement (2025-2026) The general fund will receive approximately $5,731 from this agreement (2026-2027) The general fund will receive approximately $5,903 from this agreement (2027-2028)
ATTACHMENTS
1. 3-year Services Agreement between the City of Reedley and KCUSD / 2025-2028
SERVICES AGREEMENT
(Three Year MOU)
Between the City of Reedley (CITY) and Kings Canyon Unified School District (KCUSD) for Narcotics Detection Services
This Services Agreement (Agreement) is entered into the 1st day of July, 2025, through June 30, 2028, for a period of three years, between the City of Reedley, a municipal corporation, ("City"}, and The Kings Canyon Unified School District ("KCUSD").
ROLES, CONTRIBUTIONS AND RESPONSIBILITIES
It is understood that the KCUSD has established and communicated a policy clearly defining contraband as all drugs of abuse (in the broadest terms}, alcoholic beverages, firearms and ammunition, prescription and over-the counter medication, and that this policy has been disseminated to all campus locations. Violations are considered detrimental to the welfare of students and contrary to the KCUSD'S desire to foster an atmosphere conducive to safety and education.
City shall provide contraband inspection services utilizing non-aggressive contraband detection canines. Such inspections may be conducted on an unannounced basis under the auspices and direction of the KCUSD administration with City acting as an agent of the KCUSD while conducting such inspections. Communal areas, lockers, gym areas, parking lots (automobiles), grounds, and other select areas as directed by KCUSD officials, shall be subject to inspection. School defined contraband detected on KCUSD property is the responsibility of the KCUSD. School contraband should be turned over to City depending on the level of action taken at the KCUSD discretion. All "Legally defined" contraband (i.e., narcotics, stolen property) shall be turned over to City for destruction.
City will schedule KCUSD visits in conjunction with days designated by the KCUSD as appropriate for visits. KCUSD will provide a school calendar with inappropriate dates for service noted. This calendar will serve as an addendum to the Agreement. All other dates will be considered acceptable for visits. Service will NOT be scheduled until the calendar is received.
City is licensed and registered by the U.S. Department of Justice, Drug Enforcement Administration, and regional regulatory agencies as required. Detection canines are certified as reliable by the National Narcotic Detector Dog Association or equivalent independent agency. All employees are registered with the Department of Justice in accordance with California Education Code requirements.
City policy precludes the use of detection canines to "sniff' individuals under any circumstances.
COMPENSATION
City agrees to provide up to 14 visits per school year, or the number requested by KCUSD for the contract period. The KCUSD may increase the total number of visits by notifying CITY in writing.
The compensation rate during year one (2025-26} will be $397.46 per visit. CITY will invoice monthly for services provided during that month . The compensation rate during year two (2026- 27} will include a 3% increase adjustment, equaling a cost per visit of $409.39. Th e compensation rate during year three (2027-28} will include a 3% increase adjustment, for a total cost per visit of $421.68. The KCUSD agrees to pay for services within thirty (30} days of receipt of each invoice provided by CITY.
EFFECTIVENESS, DURATION AND TERMINATION
This Agreement shall be effective as of the date first written above and shall remain in effect for a 3-year term running through June 30, 2028. Either party may at any time terminate this Agreement without cause at the party's convenience by giving not less than 30 days prior written notice to the other party. Upon such termination, all rights and obligations of each party under this Agreement shall cease as of the Effective Date of Termination, except for those specific obligations that shall survive termination as set forth herein. In the event of early termination, parties agree to pay or reimburse a pro-rated share of the compensation based upon a 12-month timeframe.
INDEMNIFICATION
The KCUSD shall indemnify, defend, and hold harmless the City, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of or in connection with the assigned officer's performance of work or his or her failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the active negligence by the City, or the gross or willful misconduct of the assigned officer.
The City shall indemnify, defend, and hold harmless the KCUSD, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of the active negligence by the City or the gross or willful misconduct of the assigned officer during the performance of work hereunder.
In the event of concurrent negligence on the part of KCUSD or any of its officers, directors, trustees, employees, agents or volunteers, and City or any of its officers, officials, employees, agents or volunteers, the liability for any and all such claims, demands and actions in law equity for such losses, fines, penalties, forfeiture, costs and damages shall be apportioned under the State of California's theory of comparative negligence as presently established or as may be modified hereafter.
If the KCUSD rejects a tender of defense by the City and/or the assigned officer under this Agreement, and it is later determined that the City and/or the officer breached no duty of care and/or was immune from liability, the KCUSD shall reimburse the City and/or officer for any and all litigation expenses (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost). A duty of care or immunity determination may be made by a jury or a court, including a declaratory relief determination by a court after the City and/or officer settles a liability claim, with or without participation by the KCUSD.
The Parties acknowledge that it is not the intent of the Agreement to create a duty of care by the City or its assigned officer that they would not owe in the absence of the Agreement. The Agreement does not create an affirmative duty of care (including, without limitation, a duty to protect, a duty to deter and/or a duty to intervene) by the City or the assigned officer and the absence of the assigned officer and/or the patrol vehicle is not a material breach of this Agreement. The Parties further acknowledge that by entering into this Agreement neither the City nor its assigned officer intends to waive any immunities to which they would be entitled in the absence of the Agreement.
INTEGRATION OF PRIOR TERMS AND CONDITIONS
This Agreement, including all recitals, constitutes the entire agreement of the Parties. This Agreement may be amended or modified only by the mutual written agreement of the Parties.
This Agreement is invalid unless approved by the legislative body of each Party, although it may be executed by an authorized agent of each Party. An authorized agent of the City shall be a person specifically authorized by the legislative body of the City to execute this Agreement, at the level of City Manager or City Attorney or equivalent.
IN WITNESS THEREOF, the parties have caused their authorized agents to execute this Agreement as of the date first set forth above:
CITY OF REEDLEY
a municipal corporation
By: ---------------
Nicole R. Zieba, Reedley CITY Manager
THE KINGS CANYON UNIFIED SCHOOL DISTRICT
By: ---------------
John Campbell, KCUSD Superintendent
Date: ---------
Date: ---------
DATE:
TITLE:
May 13, 2025
REEDLEY CITY COUNCIL
[gj Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 5
APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN ON BEHALF OF
THE CITY OF REEDLEY, A SERVICES AGREEMENT WITH KINGS CANYON
UNIFIED SCHOOL DISTRICT FOR TWO SCHOOL RESOURCE OFFICERS FOR A PERIOD OF THREE YEARS; BEGINNING JULY 1, 2025 THROUGH JUNE 30, 2028.
SUBMITTED: Hector Aleman, Police Commander \..\ AREVIEWED: Marc A. Ediger, Chief of Police 9-- APPROVED: Nicole R. Zieba, City Manager
RECOMMENDATION
That the City Council approves and authorizes the City Manager to sign on behalf of the City of Reedley a three year service agreement with Kings Canyon Unified School District ("KCUSD") for two School Resource Officers beginning July 1, 2025 through June 30, 2028.
BACKGROUND
The Reedley Police Department has traditionally provided a single School Resource Officer to KCUSD. Both parties agree that a dedicated School Resource Officer on campus is essential for the students' security, provides positive interaction with students, and helps deter crime.
However, as the SRO role has evolved over many years, and the service has expanded across (14) elementary, middle schools, and alternative education programs within the city and the surrounding area of influence, the need for an additional SRO is become essential.
Moreover, the SRO interacts daily with the Reedley Peace Building Initiative (RPBI) Restorative Justice team which has a tremendous impact on reducing low level crime and wrongdoing with students , promoting accountability and responsibility. These partnerships have proven to have positive outcomes for all parties involved , while keeping juvenile arrest rates lower than previously experienced prior to the introduction of Restorative Justice.
FISCAL IMPACT
KCUSD will fund the City of Reedley $85,168.13 per SRO, with a sum total of $170,336.26 per year for two officers beginning FY 25/26, structured with a 3% rate increase for the subsequent two fiscal years. FY 26/27 District will fund City $87,723.18 per SRO, with a sum total of $175,446.36, and FY 27/28 District will fund City $90,354.88 per SRO, with a sum total of $180,709.76.
ATTACHMENTS
1. School Resource Officer(s) Services Agreement between the City of Reedley and the Kings Canyon Unified School District July 1, 2025 through June 30, 2028.
SERVICES AGREEMENT
(Three Year MOU)
Between the City of Reedley and the Kings Canyon Unified School District for (2) Police School Resources Officers
This Services Agreement (Agreement) is entered into the 1st day of July 2025 through June 30, 2028, by and between the City of Reedley, a municipal corporation, ("City"), and The Kings Canyon Unified School District ("District").
ROLES, CONTRIBUTIONS AND RESPONSIBILITIES
The City agrees to provide two (2) Police School Resource Officers (SRO), assigned to serve Reedley High School and its 14-feeder elementary, middle schools and alternative education programs. The base of operations for one SRO will be Reedley High School and the other will be Grant Middle School, where it is understood that the SRO's will also respond to elementary and middle schools, non-school related calls, as needed, and attend meetings and training courses as required by the Reedley Police Department.
COMPENSATION
District agrees to fund City $85,168.13 per SRO, with a sum total of $170,336.26 per year for two (2) police officers beginning FY 25/26, structured with a 3% rate increase for the subsequent two fiscal years. FY 26/27 District will fund City $87,723.18 per SRO with a sum total of $175,446.36. FY 27/28 District with fund City $90,354.88 per SRO with a sum total of $180,709.76. Payments will be made in two equal installments to be paid upon being invoiced by City in September and January of each respective fiscal year within this agreement. Payments will be made no later than 30 days from the invoice date.
EFFECTIVENESS, DURATION AND TERMINATION
This Agreement shall be effective as of the date first written above and shall remain in effect for an initial term running through June 30, 2028. Either party may at any time terminate this Agreement without cause at the party's convenience by giving not less than 30 days prior written notice to the other party. Upon such termination, all rights and obligations of each party under this Agreement shall cease as of the Effective Date of Termination, except for those specific obligations that shall survive termination as set forth herein. In the event of early termination, parties agree to pay or reimburse a pro-rated share of the compensation based upon a 12-month timeframe.
INDEMNIFICATION
The District shall indemnify, defend, and hold harmless the City, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of or in connection with the assigned officer's performance of work or his or her failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the active negligence by the City, or the gross or willful misconduct of the assigned officer.
The City shall indemnify, defend, and hold harmless the District, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of the active negligence by the City or the gross or willful misconduct of the assigned officer during the performance of work hereunder.
In the event of concurrent negligence on the part of District or any of its officers, directors, trustees, employees, agents or volunteers, and City or any of its officers, officials, employees, agents or volunteers, the liability for any and all such claims, demands and actions in law equity for such losses, fines, penalties, forfeiture, costs and damages shall be apportioned under the State of California's theory of comparative negligence as presently established or as may be modified hereafter.
If the District rejects a tender of defense by the City and/or the assigned officer under this Agreement, and it is later determined that the City and/or the officer breached no duty of care and/or was immune from liability, the District shall reimburse the City and/or officer for any and all litigation expenses (including , without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost). A duty of care or immunity 2 determination may be made by a jury or a court, including a declaratory relief determination by a court after the City and/or officer settles a liability claim, with or without participation by the District.
The Parties acknowledge that it is not the intent of the Agreement to create a duty of care by the City or its assigned officer that they would not owe in the absence of the Agreement. The Agreement does not create an affirmative duty of care (including, without limitation, a duty to protect, a duty to deter and/or a duty to intervene) by the City or the assigned officer and the absence of the assigned officer and/or the patrol vehicle is not a material breach of this Agreement. The Parties further acknowledge that by entering into this Agreement neither the City nor its assigned officer intends to waive any immunities to which they would be entitled in the absence of the Agreement.
INTEGRATION OF PRIOR TERMS AND CONDITIONS
This Agreement, including all recitals, constitutes the entire agreement of the Parties. This Agreement may be amended or modified only by the mutual written agreement of the Parties. This Agreement is invalid unless approved by the legislative body of each Party, although it may be executed by an authorized agent of each Party. An authorized agent of the City shall be a person specifically authorized by the legislative body of the City to execute this Agreement, at the level of City Manager or City Attorney or equivalent.
IN WITNESS THEREOF, the parties have caused their authorized agents to execute this Agreement as of the date first set forth above:
CITY OF REEDLEY,a municipal corporation
By:
Nicole R. Zieba, Reedley City Manager
THE KINGS CANYON UNIFIED SCHOOL DISTRICT
By:
John Campbell, KCUSD Superintendent
3 DATE:
TITLE:
SUBMITTED:
APPROVED:
May 13, 2025
REEDLEY CITY COUNCIL
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: ----
APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN ON BEHALF
OF THE CITY OF REEDLEY, A SERVICES AGREEMENT WITH KINGS
CANYON UNIFIED SCHOOL DISTRICT FOR RESTORATIVE JUSTICE
MANAGEMENT, UNDER THE REEDLEY PEACE BUILDING INITIATIVE, FOR A PERIOD OF THREE YEARS; BEGINNING JULY 1, 2025 THROUGH JUNE 30, 2028.
RECOMMENDATION
That the City Council approve and authorize the City Manager to execute an agreement on behalf of the City of Reedley, between the City of Reedley and Kings Canyon Unified School District (KCUSD) for the Restorative Justice Management, under the Reedley Peace Building Initiative, for a period of three years, beginning July 1, 2025 through June 30, 2028.
EXECUTIVE SUMMARY
The Reedley Police Department has historically partnered with KCUSD to assist with funding a Restorative Justice team to manage RPBI cases under the jurisdiction of the Reedley Police Department during each fiscal year. This agreement will be executed solely between the City and KCUSD. The City and KCUSD have discussed and set in place a 3% increase in the funded amount per year. The increase is directly related to personnel costs, which continue to rise during each fiscal year.
BACKGROUND
John Swenning and Jake Harder (both prior RPBI Directors under MCC) were hired by KCUSD as RJ Coordinators in 2021 . John Swenning will be Coordinator for Reedley High School in 2024-2025 and Jake Harder will be Coordinator for Orange Cove High School in 2024-2025. They continue to be focused on efficiency, forward progress and maintenance of the case management system. They both also serve as "in house,, trainers for Restorative Justice case mediation and conflict resolution . Community Youth Ministries (CYM) will continue to provide (2) Case Managers for RPBI, working under the direction of the RPBI Coordinators. These case managers will be assigned to all Reedley and outlying KCUSD schools. The Case Managers are part of a separate Services Agreement between CYM and KCUSD. As a team they have all proven to be effective and efficient in sustaining the RPBI, and CYM continues to show commitment and partnership to Restorative Justice efforts.
FISCAL IMPACT
The City has previously budgeted $20,000 annually as part of a services agreement to assist in funding the Restorative Justice team positions. Moving forward, the City will allocate the following per fiscal year payable to KCUSD.
FY2025-26 ($20,600) general fund expenditure
FY2026-27 ($21,218) general fund expenditure
FY2027-28 ($21,854) general fund expenditure
The CITY will make two equal payments per fiscal year to KCUSD under this agreement.
The payments will be made no later than July 30th • and January 30th respectively during each fiscal year as agreed upon.
PRIOR COUNCIL ACTIONS
The City Council has previously approved similar MOU's, beginning in 2013 and continuing through current year to fund the partnership of RPBI to conduct Restorative Justice practices.
1. 3-year Services Agreement between the City of Reedley and KCUSD for Restorative Justice; July 1, 2025 through June 30, 2028
SERVICES AGREEMENT
(Three Year MOU)
Between the City of Reedley (CITY) and Kings Canyon Unified School District (KCUSD) for a Restorative Justice Coordinator to provide services and oversight for the Reedley Peace Building Initiative Restorative Justice System (RPBI) This Services Agreement (Agreement) is entered into the 1st day of July, 2025, through June 30, 2028, for a period of three years, between the City of Reedley, a municipal corporation, ("City"), and The Kings Canyon Unified School District ("KCUSD").
ROLES, CONTRIBUTIONS AND RESPONSIBILITIES
KCUSD agrees to provide (1) one Restorative Justice Coordinator (COORDINATOR) to manage and oversee the Reedley Peace Building Initiative (RPBI) in Reedley schools. RPBI is a joint-partnership restorative justice program with focus on juvenile crime and conflict within KCUSD schools in Reedley and the immediate surrounding unincorporated areas of Fresno County. The base of operations for COORDINATOR will be Reedley High School, to interact with staff and the School Resource Officer to determine involvement for restorative justice options for addressing juvenile crime and conflict situations. COORDINATOR will also oversee RPBI Case Managers assigned to focus on the KCUSD junior high and middle schools within the sphere of influence of Reedley.
KCUSD agrees that COORDINATOR will provide mediation services for qualified criminal cases provided by CITY (Police Department). Mediation services to include involvement from Case Managers and properly trained and certified volunteer mediators. COORDINATOR will also manage and oversee community service options for criminal offenders with assistance and input from CITY.
KCUSD agrees that COORDINATOR will accurately document case mediations, to include victims, offenders, contract agreements and outcomes. Documentation will be recorded into an existing database which CITY agrees to provide and maintain.
CONFIDENTIALITY
During the course of providing services, COORDINATOR may be required to access information that is confidential to CITY or personal information about constituents, employees and/or contractors.
COORDINATOR will keep all such information confidential and will collect, use and disclose such information only on a need-to-know basis in a manner consistent with the provision of the services.
All writings, photographs, products and materials accessed by or delivered to COORDINATOR, including all information related to criminal cases or offenses will be the sole property of the CITY.
COORDINATOR agrees to use/ share confidential information only during official resolution of such cases as designated by City and KCUSD.
2025-2028 MOU KCUSD for RPBI Page 1 of 3
COMPENSATION
During the 2025-26 FY, the CITY agrees to pay DISTRICT a total of $20,600 for (1) one Restorative Justice COORDINATOR to provide the above referenced services. A 3% increase will be added during the 2026-27 FY, and the CITY agrees to pay DISTRICT a total of $21,218 for (1) one Restorative Justice COORDINATOR to provide the above referenced services. A 3% increase will be added during the 2027-28 FY, and the CITY agrees to pay DISTRICT a total of $21,854 for (1) one Restorative Justice COORDINATOR to provide the above referenced services.
Payments will be made in two installments (each 50% of the total amount), to be paid upon being invoiced by KCUSD in July and January of the respective years of this Services Agreement. Payments will be made no later than 30 days from the invoice date.
EFFECTIVENESS, DURATION AND TERM/NATION
This three-year Agreement shall be effective as of July 1, 2025 and shall remain in effect for a term running through June 30, 2028. Either party may at any time terminate this Agreement without cause at the party's convenience by giving not less than 30 days prior written notice to the other party. Upon such termination, all rights and obligations of each party under this Agreement shall cease as of the Effective Date of Termination, except for those specific obligations that shall survive termination as set forth herein. In the event of early termination, parties agree to pay or reimburse a pro-rated share of the compensation based upon a 12-month timeframe.
INDEMNIFICATION
KCUSD shall indemnify, defend, and hold harmless the City, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of or in connection with COORDINATOR's performance of work or his or her failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the active negligence by the City, or the gross or willful misconduct of COORDINATOR.
The City shall indemnify, defend, and hold harmless KCUSD, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of the active negligence by the City or the gross or willful misconduct of COORDINATOR during the performance of work hereunder.
If KCUSD rejects a tender of defense by the City and/or COORDINATOR under this Agreement, and it is later determined that the City and/or COORDINATOR breached no duty of care and/or was immune from liability, KCUSD shall reimburse the City and/or officer for any and all litigation expenses (including, without limitation, costs, attorney fees, expert witness fees and prevailing 2025-2028 MOU KCUSD for RPBI Page 2 of 3
party fees and cost). A duty of care or immunity determination may be made by a jury or a court, including a declaratory relief determination by a court after the City settles a liability claim, with or without participation by KCUSD.
INTEGRATION OF PRIOR TERMS AND CONDITIONS
This Agreement, including all recitals, constitutes the entire agreement of the Parties. This Agreement may be amended or modified only by the mutual written agreement of the Parties. This Agreement is invalid unless approved by the legislative body of each Party, although it may be executed by an authorized agent of each Party. An authorized agent of the City shall be a person specifically authorized by the legislative body of the City to execute this Agreement, at the level of City Manager or City Attorney or equivalent.
IN WITNESS THEREOF, the parties have caused their authorized agents to execute this Agreement as of the date first set forth above:
CITY OF REEDLEY,
a municipal corporation
By:----------------
Nicole R. Zieba, Reedley City Manager
THE KINGS CANYON UNIFIED SCHOOL DISTRICT
By: ----------------
John Campbell, KCUSD Superintendent
2025-2028 MOU KCUSD for RPBI
Date: ________ _
Date: ---------
DATE:
TITLE:
SUBMITTED:
REVIEWED:
APPROVED:
REEDLEY CITY COUNCIL
May 13, 2025
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: ----
ADOPT RESOLUTION NO. 2025-033 AMENDING THE 2024-25
ADOPTED BUDGET APPROPRIATING FUNDS FOR A YOUTH FUTSAL
CAMP IN PARTNERSHIP WITH REEDLEY HIGH SCHOOL BOYS
SOCCER PROGRAM
Taylor Cardenas, Recreation Coordinator
Sarah Reid, Community Services Direct
Nicole R. Zieba, City Manager ~
RECOMMENDATION
Adopt Resolution NO. 2025-033 amending the 2024-25 Adopted Budget appropriating funds for a Youth Futsal Camp in partnership with Reedley High School Boys Soccer Program.
EXECUTIVE SUMMARY
Community Services Department staff recently received an inquiry expressing interest from Reedley High School Boys Soccer Program to partner with the department to offer a Futsal Camp for youth in Reedley. Following a meeting with the Boys Head Soccer Coach, it was agreed to pilot a Futsal Camp to gauge community interest. If the program proves successful, discussions will continue to explore the possibility of establishing an ongoing futsal program in the future.
Futsal is a fast-paced, modified form of soccer played with five players per team, including a goalkeeper. The game is played on a hard, basketball-sized court with defined boundary lines-unlike other forms of indoor soccer, futsal does not use walls or boards. A smaller, lowbounce ball is used, which promotes skill development such as ball control, quick passing, and tactical movement in tight spaces. The game encourages constant engagement, decision-making, and teamwork, making it an excellent training tool for young players.
The pilot Futsal Camp will be held on Saturdays following public Pickleball hours, as both sports utilize the same court space. The fee is $45 and the camp will run from Saturday, May 31 through June 28, during the hours of 10:00 a.m. to 1 :00 p.m. Youth in grades 1st through 6th will be grouped and assigned specific times to participate each Saturday over the five- week period. Each group will meet for one hour each Saturday with a maximum of 20 participants in each group. The camp will be delivered in a clinic-style format, focusing on teaching the fundamental skills and rules of futsal in an engaging and age-appropriate manner.
The Reedley High School Boys Soccer Coach, along with members of the high school soccer team, will lead and facilitate the camp sessions. The Community Services Department will be responsible for promoting the camp, managing registration, and serving as the point of contact for participants and their families.
This camp will also serve as a fund raiser for the Reedley High School Boys Soccer Program.
As with other instructor-led programs, revenue will be shared: 70% of the registration fees will go to the soccer team, and 30% will be retained by the City of Reedley to cover administrative costs.
FISCAL IMPACT
The proposed Budget Amendment No. 2025-033 assumes 60 players at the rate of $45 each for a total revenue increase of $2,700. At the conclusion of the camp, the City of Reedley will issue a payment to the Reedley High School Boys Soccer Program for 70% of the total registration fees collected.
ATTACHMENTS
1. Budget Resolution No. 2025-033
2. Program Flyer
2 BUDGET AMENDMENT
RESOLUTION 2025-033
The City Council of the City of Reedley does hereby amend the 2024-2025 Budget as follows:
SECTION I - ADDITIONS
Account Number Account Description Amount
001-4650.3000 Youth Sports Professional Services $ 2,700 Total $ 2,700
Purpose: Staff is requesting appropriations to cover 70% of the registration fee collected by the City of Reedley for the Futsal Camp which is the percentage owed to Reedley High School Boys Soccer for hosting and facilitating the camp.
SECTION II - SOURCE OF FUNDING
Account Number Account Description Amount
001-3615 Youth Sports $ 2,700
Total $ 2,700
Impact: The City of Reedley is partnering with Reedley High School Boys Soccer and will split the registration fees collected for the Futsal Camp with the Community Services Department keeping 30% for admin costs and Reedley High School Boys Soccer receiving 70% for hosting and facilitating the camps.
REVIEWED: RECOMMENDED;1
/L IL
Assistant City Manager City Manager
The foregoing resolution was approved by the City Council of the City of Reedley on May 13, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: APPROVED:
Matthew Tuttle, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
REEDLEY CITY COUNCIL
DATE: May 13, 2025
D Consent
D Regular Item
D Workshop
D Closed Session
~ Public Hearing
ITEM NO: '8
----
TITLE: INTRODUCTION AND FIRST READING OF ORDINANCE 2025-002 REPEALING AND REPLACING CHAPTER 3 OF TITLE 5 OF THE
REEDLEY MUNICIPAL CODE CONCERNING ANIMAL CONTROL.
SUBMITTED: Marc A. Ediger, Chief of Police ~ ~
APPROVED: Nicole R. Zieba, City Manager /tf'
RECOMMENDATION
Staff recommends that the City Council hold a Public Hearing on the introduction and first reading of Ordinance No. 2025-002, pertaining to Chapter 3 of Title 5 of the Reedley Municipal Code concerning Animal Control.
BACKGROUND
Over the course of the last four years the City of Reedley has experienced an increase in the number of animal related calls for service through the Police Department communications center. The increase in animal related calls for service equates to a 35% increase in the over a four-year period (2024 = 1,381 calls / 2020 = 967 calls). The increase and frequency in these types of calls points to a probable pet overpopulation problem in the City of Reedley.
The increase in stray, lost or abandoned dogs has resulted in an increased risk to public safety, the inhumane treatment of animals, mass euthanasia at local animal shelters and the reduced ability to find adoption shelters due to overpopulation and a surplus of dogs.
The City has historically partnered with rescue organizations and foster families for unclaimed dogs in the shelter. These partnerships have been effective in reducing the shelter population and euthanasia rates. However, with the increase in stray or abandoned dogs in the region, many of the rescue organizations are operating at maximum capacity and will not accept dogs as often as they would have in the past. The proposed language to be added to the Animal Control sections are designed to have a direct impact on pet overpopulation and breeding of animals.
As a result of research into effective options, a proposal of additional language and regulations are recommended in the following sections of the Reedley Municipal Code:
• Chapter 3; 5-3-20: Redemption of Impounded Animals
o Licensing and microchipping (required upon release)
o Spay/ neuter recommendation, assistance offered with City fee o Spay/ neuter requirement within 30 days of release
• If no proof provided, owner will be required to obtain breeder permit • Chapter 3; 5-3-22: Disposition of Impounded Animals; Abandonment o Requirement to turn animal over to rescue organization (if accepted) prior to scheduling euthanasia.
• Chapter 3; 5-3-27 Commercial Animal Establishments
o Kennel Permit
• Maximum number of animals, inspections, penalties for non-compliance o Breeder Permit
• Sale restrictions / age of animals
• Number of litters per year, penalties for non-compliance • Advertising
FISCAL IMPACT
Proposed fees and penalties related to Reedley Municipal Code Title 5, Chapter 3: Animal Control were submitted by staff in the Master Fee Schedule adoption by City Council on April 22, 2025, and would apply to the above listed proposed changes. The proposed "new" fees in the Animal Control section would allow for cost recovery for the additional workload on the Animal Control Officer, increase in food for the City shelter, vaccine, transportation, and shelter housing costs.
PRIOR COUNCIL ACTIONS
None
ATTACHMENTS
1. Ordinance No. 2025-002, An Ordinance of the City Council of the City of Reedley Repealing and Replacing Chapter 3 of Title 5 of the Reedley Municipal Code concerning Animal Control.
ORDINANCE NO. 2025-002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY AMENDING SECTIONS 5-3-20, 5-3-22, AND 5-3-27 OF CHAPTER 3 OF TITLE 5
OF THE REEDLEY MUNICIPAL CODE CONCERNING ANIMAL CONTROL
REGULATIONS
The City Council of the City of Reedley does hereby ordain as follows:
SECTION 1. Section 5-3-20 of the Reedley Municipal Code is hereby amended to read as follows:
5-3-20: REDEMPTION OF IMPOUNDED ANIMALS:
A. The owner or person(s) entitled to the control of any animal, which is impounded, may at any time prior to the lawful disposal of the animal redeem the animal by paying all applicable fees.
B. Licensing and Microchipping Impounded Animals.
1. The poundmaster shall not release an unlicensed animal to its owner, or adopt or foster an unlicensed animal, to any person who resides in the City, unless the owner or purchaser, respectively, secures the required license, and pays any fees and penalties required. The poundmaster shall not release an animal from the Reedley Animal Shelter that is not microchipped to its owner, or transfer ownership of an animal to any person until a microchip has been implanted in the animal. The owner of the animal is solely responsible for all costs associated with microchip implantation.
2. In order to assist with the identification of animals and reunification in the event an animal is lost or abandoned, the poundmaster shall implant any animal to be released from the Reedley Animal Shelter with a microchip. The cost of microchipping will be the responsibility of the owner or adopter of any animal to be released. The fees for microchipping will be set forth by a resolution of the City Council.
3. Spay/Neuter Compliance for Shelter Animals.
A spay or neuter recommendation by the poundmaster will be made upon the release of any unaltered dog or cat from the Reedley Animal Shelter pursuant to Food and Agriculture Code section 30503. A spay/neuter fee may be deposited by owner of the animal to the City, for assistance by the Animal Control Officer to spay/neuter the animal, including transportation to a licensed veterinarian. The fee will be pursuant to a resolution set forth by the City Council.
To further help reduce the pet overpopulation problem, any animal released from the City animal shelter shall be required to be spayed or neutered within thirty (30) days of release. Proof of spay/neuter must be provided to the poundmaster within thirty (30) days of animal release from the shelter. If no proof is provided, owner will be required to purchase and maintain a breeder permit issued by the poundmaster.
SECTION 2. Section 5-3-22, subdivision (B) of the Reedley Municipal Code is hereby amended to read as follows:
5-3-22: DISPOSITION OF IMPOUNDED ANIMALS; ABDANDONMENT:
B. If any unlicensed dog, or any dog bearing no license tag, is taken and impounded under the provisions of this chapter, and is not redeemed within five ( 5) days of impoundment, the dog may be turned over to a rescue organization for adoption or fostering. If rescue, adoption or fostering efforts have been exhausted, or are not a viable or safe option, the poundmaster may humanely euthanize such dog.
SECTION 3. Section 5-3-27 of the Reedley Municipal Code is hereby amended to read as follows:
5-3-27: COMMERCIAL ANIMAL ESTABLISHMENTS:
A. Breeder/Kennel Permit Regulations.
1. Purpose of Regulations.
The City Council finds and declares that there exists a pet overpopulation problem in the City of Reedley. Overpopulation has resulted in a threat to public health and safety, inhumane treatment of animals, mass euthanasia of dogs and cats at local animal shelters, and escalating costs for animal care and control. The City Council further finds that uncontrolled breeding is a contributing cause to this problem. In part, the solution is determined to be that all dogs, four ( 4) months of age and older, be licensed and spayed and neutered, unless the owners purchase the appropriated license/permit for the privilege of maintaining the animal intact and allowing it to breed. The City Council also finds that an increase in the license fee for unaltered dogs will encourage dog owners to spay/neuter their dog(s) in order to help alleviate the City's pet overpopulation problem.
2. Kennel/Breeder Permit Process.
An application for all kennel or breeder permits pursuant to this chapter shall be filed with the poundmaster, on a prescribed form. Permit applications will be reviewed, and approved or denied within thirty (30) days of submitting the application. Fees charged for these permits shall be set annually by a resolution of the City Council as recommended by the poundmaster. The kennel and breeder permits shall be issued for the calendar year or any part thereof and are effective from January 1st of each year and expire on December 31st of that same year. The full amount of the permit fee shall be paid even though the permit is issued for only a portion of a permit year. Renewal and payment of the permit is due and payable on January 1st of each year. The poundmaster shall collect a delinquent penalty in an amount equal to the amount as established for license penalties.
The failure to obtain the appropriate permit is punishable as an infraction as set forth herein. Any or all of the permits within this code may be immediately suspended for any violations of the conditions for commercial animal establishments, or for any health or safety reasons as determined by the poundmaster, as prescribed in this section.
B. Kennel Permit.
1. It is unlawful for any person(s) to own, maintain, or harbor, any more than a total of six (6) dogs and/or cats combined within the City limits without first obtaining a kennel permit ( or breeder permit for animals less than four ( 4) months in age) from the poundmaster. The issuance of the permit shall be at the discretion of the poundmaster who shall take into consideration the manner in which the animals are housed, sanitation and noise factors, as well as animal control regulations. The kennel permit may also require the payment of a separate kennel permit fee at the rate set by City Council. Kennel permits shall contain the same requirements as commercial establishments for the health and safety of animals and the general public.
2. All permitted kennels within the City limits shall be subject to inspection by the poundmaster, or his or her designee, upon request or safety as needed. The maximum number of animals permitted pursuant to any kennel permit is ten (10) dogs or cats four ( 4) months of age or older. If any kennel is found to be in violation of the maximum number of animals allowed, the kennel permit may be revoked or suspended by the poundmaster.
3. Non-Compliance Penalties:
1. First violation; a penalty not to exceed one hundred dollars, ($100) per animal covered under the issued kennel permit.
11. Second violation; a penalty not to exceed three hundred dollars ($200) per animal covered under the issued kennel permit.
111. Kennel permit will be revoked, and the permit holder will be banned from holding a kennel permit for a period of thirty-six (36) months.
C. Breeder Permit.
1. It is unlawful for any person to breed or allow any animal to be bred, resulting in any number of litters of dogs and/or cats for sale or profit, or to advertise for the sale/adoption of such animals, without first obtaining a breeder permit.
2. The fees for a breeder permit shall be set by a resolution of the City Council and must be submitted to the poundmaster for the breeding of dogs or cats that produce one ( 1) or more litters in a year, as well as advertising for the sale of dogs and cats within the City limits.
3. Breeding permit requirements are as follows:
1. No offspring can be sold/adopted until eight (8) weeks of age;
11. No offspring can be sold/adopted until vaccinated against common diseases; ui. The breeder permit holder must display the permit number when advertising the animals for sale/adoption.
4. Non-Compliance Penalties
1. First violation: infraction punishable by a fine of up to $100, to be issued through an Administrative Citation.
n. Second violation: If the owner/custodian fails to comply and correct the cause of the first violation within (30) days, it will be considered a second violation.
Any violation within one (1) year of a first violation will be considered a second violation. A second violation is considered an infraction punishable by a fine of up to $200, to be issued through an Administrative Citation. m. A breeder permit will be revoked if a second violation occurs within twentyfour (24) months of issuance of original breeder permit. iv. Permit holder will be banned from holding a valid breeder permit if a second violation occurs.
5. Breeder advertising.
It is unlawful for any person to advertise for the sale/adoption of a litter of dogs or cats in the city without including in the advertisement a city breeder permit number. A litter shall be defined as two or more offspring from the same female dog or cat. Failure to properly advertise the sale of a litter of dogs or cats will result in the suspension or revocation of a valid breeder permit.
6. Reporting of Dog/Cat Sale Records
Every commercial animal establishment holder of a breeder permit, holder of a kennel permit and others who sell/adopt animals for consideration must keep permanent records of all dogs/cats sold/adopted and provide such information upon the sale of any animal to the Poundmaster for licensing and confirmation of rabies vaccination.
SECTION 4.
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 5.
This Ordinance shall take effect thirty (3 0) days from the date of its adoption.
SECTION 6.
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:
I hereby certify that the foregoing Ordinance No. 2025-002 was introduced and given first reading at a regular meeting of the City Council of the City of Reedley held on May 13, 2025, and was thereafter duly adopted at a regular meeting of said City Council held on May 27, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Ruthie Greenwood, City Clerk
City of Reedley
Matthew Tuttle, Mayor
City of Reedley
DATE:
TITLE:
May 13, 2025
REEDLEY CITY COUNCIL
D Consent Calendar
D Regular Item
D Workshop
D Closed Session
~ Public Hearing
ITEM NO: ----
CONSIDERATION BY THE CITY COUNCIL OF THE CITY OF REEDLEY
CONFIRMING THE AMOUNT OF THE ASSESSMENT LIEN FOR UNPAID
ADMINISTRATIVE CITATION FINES ON CERTAIN REAL PROPERTY WITHIN
THE CITY OF REEDLEY
SUBMITTED: Rodney L. Horton JJ_JJj__
Community Development Director ~
APPROVED: Nicole Zieba
City Manager
RECOMMENDATIONS
Staff recommends that the City Council of the City of Reedley ("City") approve the following resolutions:
1. Resolution No. 2025-026 - A resolution confirming the amount of assessment lien to be recorded for unpaid administrative citation fines related to 708 E. Ponderosa Avenue, Reedley, CA 93654 ("Ponderosa Property") in the amount of five thousand two hundred forty dollars and zero cents ($5,240.00); and
2. Resolution No. 2025-027 - A resolution confirming the amount of assessment lien to be recorded for unpaid administrative citation fines related to 971 S. Klein Avenue, Reedley, CA 93654 ("Klein Property") in the amount of five thousand six hundred ninety-five dollars and zero cents ($5,695.00).
BACKGROUND
Ponderosa Properly.
In November 2023, the Fresno County Public Health Department received telephone calls reporting that the Ponderosa Property owners, Shuzo and Margo Toyota, were cooking and preparing food in their driveway. Upon investigation, the City's code enforcement officer also found that large amounts of cooking oil and grease for the commercial food truck were being discharged into the City storm drain.
The City mailed a courtesy notice to Shuzo and Margo Toyota, reminding them that they are required to comply with the City's ordinances and notifying them that failure to do so would result in administrative
action.
On May 7, 2024, Fresno County Public Health and a District Attorney's Office investigator visited the Ponderosa Property. Shuzo Toyota admitted he had prepared food in the driveway of the Ponderosa Property and had power-washed grease from a commercial trailer and driveway into the City storm drain.
Shuzo Toyota received a City administrative citation on June 21, 2024, for violations of City Ordinance 683 (Municipal Code section 3-2-4 (B)) for failing to obtain a business license and pay a fee; Ordinance 2021-003 (Municipal Code section 4-1 -11 (A)) for Unlawful Dumping; and Ordinance 2016-003 (Municipal Code section 6-2-5 (A)) for improperly parking a commercial vehicle in a residential zone. On July 19, 2024, Shuzo Toyota received a second administrative citation for his failure to obtain a business license and for improperly parking a commercial vehicle in a residential zone.
In July 2024, the City Water Department inspected the City storm drain near the Ponderosa Property and pumped grease from the storm drain and line. City Water Department staff scrubbed the storm drain catch and positioned a camera in the storm drain to verify whether any other blockages required clearing.
The total cost to abate the City storm drain blockage was one thousand forty-three dollars and seventythree cents ($1,043.73), which was invoiced to and paid by the property owner.
Eight (8) subsequent administrative citations were issued: one on August 9, 2024, one on August 26, 2024, one on September 17, 2024, two on October 3, 2024, two on October 28, 2024, and one on January 23, 2025, for the previous violations and for violation of Ordinance 2016-003 (Municipal Code section 4-2-3 (C)(?)) for pest harborage or infestation. None of the administrative citations issued by the Code Enforcement Officer were appealed.
On May 9, 2024, a Final Notice of Violation was mailed to Shuzo and Margo Toyota, alerting them that the City will take additional action if the Ponderosa Property does not reach and maintain compliance with the City's ordinances.
The first two (2) administrative citations were paid, but the remaining eight (8) are unpaid. While the code enforcement case is closed, the Ponderosa Property owners currently owe four thousand, eight hundred fifty dollars and zero cents ($4,850.00) in unpaid administrative citations, and three hundred ninety dollars and zero cents ($390.00) in late fees. The total amount adds up to five thousand two hundred forty dollars and zero cents ($5,240.00).
On April 21, 2025, the City mailed notices of hearing to the Ponderosa Property owners and to mortgage holders, pursuant to City Municipal Code sections 1-12-9 and 1-12-6.
Klein Property.
On April 18, 2023, the City issued an administrative citation to the property owner of the Klein Property, Gloria Gonzalez, for violation of City Ordinance 98-05 (Municipal Code section 3-2-13), use of public ways for business by placing business materials and equipment in an alleyway located behind the Klein Property, and Ordinance 2016-003 (Municipal Code section 4-2-3 (C)(11 )) for violations of the Uniform Code by maintaining construction material on the Klein Property; Ordinance 2024-01 (Municipal Code section 10-84-040 (C)) for Prohibited Home Occupation (previously codified as Section 10-13-1 (CJ under Ordinance 94-003); and Ordinance 683 (Municipal Code section 3-2-4 (B)) for failure to obtain a Business License. The City Fire Department made eight (8) subsequent inspection visits resulting in eight (8) further administrative citations for recurring violations of City Ordinances. Although Gloria Gonzalez paid the first three (3) citations, the remaining six (6) have been left unpaid. The property owner did not appeal the administrative citations that were issued to her by the Code Enforcement Officer.
On January 22, 2024, a Notice of Violation "Final Notice" was mailed to Gloria Gonzalez, instructing her to correct the violations within 30 days or they would be subject to City enforcement action. A second "Final Notice" of Violation was mailed to Gloria Gonzalez on October 31, 2024. Both notices articulated that further action, including administrative or judicial citations, mandatory court appearances, fines, and penalties would ensue if the violations were not corrected.
The City has received no further payment for citations issued on November 21, 2023, December 14, 2023, May 3, 2024, June 12, 2024, July 8, 2024, and February 26, 2025. Gloria Gonzalez currently owes $5,500.00 in citations and $195.00 in late fees, totaling $5,695.00. Additionally, the code enforcement case is still open and the Klein property owners have not cured the violation.
On April 21, 2025, the City mailed notices of hearing to the Klein Property owner and to mortgage holders, pursuant to City Municipal Code sections 1-12-9 and 1-12-6.
Special Assessment.
Pursuant to Reedley Municipal Code section 1-12-9, the City may impose a special assessment against real property that is the subject of unpaid fines assessed by administrative citation. The City may assess late fees and administrative charges in addition to the citations, including recording fees charged. It is anticipated that the cost of recording an assessment lien will be twenty five dollars ($25.00).
To authorize the special assessment, the City Council must confirm the amount of the assessment at a regularly-scheduled or special meeting. Following confirmation of the assessment amount, an assessment lien will be recorded for placement on the real property for inclusion in the 2025-26 tax roll.
ATTACHMENTS
1. Resolution 2025-026 - A Resolution confirming the Amount of the Assessment Lien for Unpaid Administrative Citation Fines Related to 708 E. Ponderosa Avenue ; and
2. Notice to Property Owner of 708 E. Ponderosa Avenue; and
3. Resolution 2025-027 - A Resolution confirming the Amount of the Assessment Lien for Unpaid Administrative Citation Fines Related to 971 S. Klein Avenue; and
4. Notice to Property Owner of 971 S. Klein Avenue.
RESOLUTION NO. 2025-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY
CONFIRMING THE AMOUNT OF THE ASSESSMENT LIEN FOR UNPAID ADMINISTRATIVE CITATION FINES RELATED TO 708 E. PONDEROSA AVENUE, REEDLEY, CALIFORNIA 93654
WHEREAS, on June 21, 2024, and on nine (9) subsequent occasions, the City of Reedley ("City") Code Enforcement cited the property owners of 708 E. Ponderosa Avenue, Reedley, California 93654 ("Property") for violation of City Municipal Code sections 3-2-4:
Duty to Obtain a Business License; 4-1-11 (A): Unlawful Dumping; and 6-2-5 (A): Improperly Parking a Commercial Vehicle in a Residential Area; and WHEREAS, Property owners were also cited for violation of City Municipal Code section 4-2-3 (C)(7): Pest Harborage or Infestation; and WHEREAS, although the first two (2) citations were paid, Property owners failed to pay the remaining citations that were issued on July 19, 2024; August 9, 2024; August 26, 2024; September 17, 2024; October 3, 2024; October 28, 2024; and January 23, 2025; and WHEREAS, City Code Enforcement has maintained an itemized account of the citations issued and the late fees charged; and
WHEREAS, the City was required to inspect and abate a storm drain resulting from Property owners dumping kitchen grease and oil from their driveway, incurring one thousand forty-three dollars and seventy-three cents ($1,043.73) in abatement costs; and WHEREAS, the unpaid balance for citations related to the Property total four thousand eight hundred and fifty dollars ($4,850.00), and late fees incurred and unpaid are three hundred ninety dollars ($390.00), totaling five thousand two hundred and forty dollars ($5,240.00); and WHEREAS, pursuant to Municipal Code section 1-12-9, the City may impose a special assessment against real property that is the subject of unpaid fines assessed by administrative citation; and
WHEREAS, to authorize an assessment lien to be placed on the Property for inclusion in the 2025-26 tax roll, the City Council must confirm the amount of the assessment at a regularlyscheduled or special meeting; and WHEREAS, the City anticipates incurring twenty five dollars ($25.00) to record the assessment lien.
NOW, THEREFORE, the City Council, having reviewed the staff report and attachments for this matter, including Code Enforcement's itemization of outstanding citations and fines, which are incorporated herein by reference, and after rece1vmg, reviewing, and considering any comments, arguments, and materials presented at the duly noticed hearing, hereby resolves as follows:
1. The total amount of the assessment lien in the amount of five thousand two hundred and sixty-five dollars ($5,265.00), which is the sum of four thousand eight hundred and fifty dollars ($4,850.00) for administrative citations, and the late fees incurred and unpaid are three hundred ninety dollars ($390.00), totaling five thousand two hundred and forty dollars ($5,240.00) for administrative citations and interest, and a twenty five dollar ($25.00) recording fee for the Property is confirmed.
2. The City Manager is instructed to record a notice of lien in the Office of the Fresno County ("County") Recorder and tum over the recorded lien to the tax collector for the County.
This Resolution was duly passed, approved, and adopted by the City Council of the City of Reedley on May 13, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Matthew Tuttle, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
2 April 18, 2025
By First-Class U.S. Mail
To: Margo and Shuzo Toyota
708 E. Ponderosa A venue
Reedley, CA 93654
Ci~y of Reedley
Community Development Department
1733 Ninth Street
Reedley, CA 93654
(559) 637-4200
https://reedley.ca.gov
Re: _l'f_otice _to _ P.roperh1 Owner of Hearing Confirming Lien Assessment for A~ministrative Citation
Dear Margo and Shuzo Toyota:
Pursuant to City of Reedley ("City") Municipal Code section 1-12-9, this letter serves as notice that the City will conduct a hearing at Reedley City Hall at 845 "G" Street, Reedley, CA 93654, on May 13, 2025, at 7:00 p.m., to determine whether to place an assessment lien on your real property located at 708 E. Ponderosa Avenue, Reedley, CA 93654 ("Property") for unpaid fines assessed for the following administrative citations:
Date of Citation Violation Type Ordinance Fine Amount
8/9/2024 Business License; 3-2-4 (B); 6-2-5 (A) $200.00 Commercial Vehicles
8/26/2()24 Business License; 3-2-4 (B); 6-2-5 (A) $500.00 Commercial Vehicles
9/17/24 Business License; 3-2-4 (B); 6-2-5 (A) I $1,000.00 Commercial Vehicles
10/3/2024 Business License; 3-2-4 (B); 6-2-5 (A) $1,000.00 Commercial Vehicles
10/3/2024 Business License; 3-2-4 (B); 6-2-5 (A) $50.00 Commercial Vehicles
10/28/2024 Business License; 3-2-4 (B); 6-2-5 (A) $1 ,000.00 Commercial Vehicles
10/28/2024 Business License; 3-2-4 (B); 6-2-5 (A) $100.00 Commercial Vehicles
1/23/2025 Business License; 3-2-4 (B); 6-2-5 (A) $] ,000.00 Commercial Vehicles
Subtotal: $4,850.00
Late Fees: $390.00
Total: ~$5,240.00
The City Council \,Vill confinn the amount of fines, including late fees, administrative charges, and recording fees (which will be $25), and determine whether an assessment lien should be placed on the Prope11y for inclusion in the 2025-26 tax roll.
You may protest the lien orally at the hearing. At the hearing, the City Council will adopt a resolution confirming the amount of the lien. Following the adoption of a resolution by the City Council, the City Clerk will file a notice of lien in the Office of the Fresno County Recorder and will place a property tax assessment with the Office of the Fresno County Tax Collector.
If you have any questions regarding the hearing, please contact Jesalyn Harper, Code Enforcement Officer, by phone at 559-637-4200, ext. 233 or by e-mail at: [email protected].
Notice of the hearing will also be provided to the following Property lien holders:
JPMC Specialty Mortgage, LLC. The hearing will be cancelled if the invoices are paid in full prior to May 5, 2025, at 5:oo·p.m.
~ ely/&2_
Rodney L. Horton, Director
cc: Jesalyn Harper, Code Enforcement Officer
Enclosures: Outstanding Invoices for Citations
2 1P a ge
Toyota Notice
Customer --1 ··-·-·
I
TOYO0
Bill To:
SHUZO TOYOTA
708 E PONDEROSAAVE
REEDLEY CA 93654
Attn. : SHUZO TOYOTA
Invoice#
C40809
CITY OF REEDLEY
845 "G" STREET ·
REEDLEY CA 93654
(559) 637-4200
Invoice Date
August 9, 2024
- -·---- ------------ - ------- --- -- -
INVOICE
rBilling For: FD ADMIN CITE Payment Terms: FULL PMT 30-DAYS Line
0001 FD CASE #6936 AC-5027
INVOICES NOT PAID WITHIN 30-DAYS FROM INITIAL BILLING DATE WILL BE ASSESSED A LATE FEE OF $15 PER MONTH
TOTAL DUE - - -
Amount Due
$ 200.00
Amount Billed
200.00
$ 200.00
CITY OF REEDLEY
ADMINISTRATIVE CITATION CASE# 1.,~&{/3~-, __I
,,11,111.:11•,n.:i. r;(l(Jf'.'r.)t..\t1ral'!lo
• WARNING O 1"1 CITATION S&O i]2'•" CITATION 5 100 .. tJ.; J_"" CITATION $200 04°' CITATION SSOO QS'"AND SUBSEQUENT CITATION S1.000 /" Qff,li;lljli$ Wil!l,lfil) lll'#M.~ t~{I;
• WARNING O 1"' CITATION S50 0 2'" CITATION 5100 03"' CITATION $200 04'" CITATION 5500 • BUILDING OR SAFE1Y CODE S1,0CO • OTHER filllliVb\i, COr'H~i;J 'lttUl1'10!i:.~ • U~( t!l~ !l ii QI~~ • WARNING O 1" CITATION ·s1<io O 2'"' CITATION S200 0 3"" CITATION 3500 • ILLEGAL SALES S1 .000 0 POSSESSION OR USE S 1,000
!!llRTHOi(IE,
1-'Alll, e:y1;.3
0 SAME AS ABOVE
Sigl/illg nf th,· Ci tut inn is not m1 ,1d111i.t<iim nf ~11ilr. ii n11 /y ad11 ilg~., recd pt. Ci111tfo11 ;_, "''iicf 11•1'ilt 11r 1d1/ia11r .ri!]ll(lfllrc:. lfurl'icc h_,, 111nil n11/y, .r,·11cl C,riifkcl First Clu.u Mui/.
READ REVERSE SIDE FOR IMPORTANT INFORMATION
~Volilc - Finance Green - Agency Manila • Defcndar.l
___ Customer
TOY00
Bill To:
SHUZO TOYOTA
708 E PONDEROSAAVE
REEDLEY CA 93654
Attn.: SHUZO TOYOTA
Billing For: FD ADMIN CITE
r Lin_e r
0001 . FD CASE #6936 AC-5036
Invoice#
C40827
CITY OF REEDLEY
845 "G" STREET
REEDLEY CA 93654
(559) 637-4200
INVOICE
Invoice Date- -
August 27, 2024
·-·1 i
Payment Terms: FULL PMT 30-DAYS
INVOICES NOT PAID WITHIN 30-DAYS FROM INITIAL BILLING DATE WILL BE ASSESSED A LATE FEE OF $15 PER MONTH
TOTAL DUE
Amount Due
$ 500.00
Amount Billed
500.00
S 500.00
CITY OF REEDLEY N2 AC:- 1
5036
ADMINISTRATIVE CITATION CASE# I la93Co ~~lt(ICIP'AI. eotif! vtdL.Atilei!i';S Q~Nl~G O 1" CITATION $50 • 2•° CITATION S100 03"" CITATION t200 4""~l~Ttalli .!!iffl Q:~•w,111~!;1.:JUP!:'.Ci;)LJifµt i;1r;,,r, 011 :51,11 00 ,OFFENSES 0t.r.EJIEI) l'l'tFR,\~~
Q'MIRNJNG O 1" CITATION SSO 0 2"' CITATION $100 03"' CITATION S200 •• "' CITATION $500 QBUIL01NG OR SAFETY CODE S1 ,000 • OTHER ri,l'iJt,ti1,L.clll'ffAdt. V!f;(.t(flt,t<,i~, 11J(t;l!t.lll1iili .h¢1.5U •·WARNING O 1'"' CITATION $100 0 2'" CITATION $200 03"' CITATION $500 • ILLEGAL SALES 51 ,000 • POSSESSION OR USESl,000
oav:.m
.. CJ SAME AS ABOVE
Sig11i11i: "f th e CitUJio11 i.r 1101 ,111 u 11 inion if 1111ilt. it 011 1,1' 11cknr> wletl,:~J rece11n . C/t11tio11 is vol id ,.-itli or witholll si_~1111t11u. /f str\'icc by mail u11ly, send Catijicd FirJI Clms Mail,
READ REVERSE SIDE FOR IMPORTANT INFORMATION
W!illo • Finance Gre<?n • Agency Man,Ja • o erendanl
Customer Invoice#
TOY0O C40917
CITY OF REEDLEY
845 "G" STREET
REEDLEY CA 93654
(559) 637-4200
INVOICE
Invoice Date
September 17, 2024
Amount Due
$ 1000.00
-·-- - -·-- - ----- ·------ -------- Bill To:
SHUZO TOYOTA
708 E PONDEROSAAVE
REEDLEY CA 93654
Attn.- SHUZO TOYOTA
- ----· - ---------~
Billing For: FD ADMIN CITE Payment Terms: FULL PMT 30-DAYS Line
0001 FD CASE #6936 AC-4753
INVOICES NOT PAID WITHIN 30-DAYS FROM INITIAL BILLING DATE WILL BE ASSESSED A LATE FEE OF $15 PER MONTH
TOTAL DUE
Amount Billed
1000.00
·-
$ 1000.CI0
ToY0;0
CITY OF REEDLEY N2 AC:-'4753
,ADMINISTRATIVE CITATION CASE# I lcfl3l,
Mvifl;:;iP/1.t CODE WAA.tlONS
D WARNING Gt' Q:rATJQru :ai o 21
" cITAT10N s 100
0 4n, CITATION S500 , "' AND SUBSEQUENT CITATION S 1.000 0 3°° CITATION 5200
OFFENSES DEEMED INFRACTIONS
• WARNING O !"CITATION 550 02'" CITATION $100 • J•° CITATION S200 0 4n, CITATION SSOO O BUILDING OR SAFETY CODES t,000 Q OTHER ;Mc1/t;\L <:QN1ROL Vleil.A'tlCffll:• 'll>'.(iiitlslvt M"Cl!SE. • WARNING ' 0 1" CITATION $100 - . 02'" CITATION 5200 0 3°° CITATION $500 ILl.llClil.. r1n.mlitlRICa OILLEGALSALES $1 ,000 • POSSESSION OR USE Sl.000 S'LA.TE
. 51=); liH V.SGHT
tlCL!'UCBN~:i Si~ OPGflJiSILE! -
r ri 'V _,
0 SAME AS ABOVE
Si1111 i11g u/tlt~ Citmlon is 11nt 011 nd111wlnn of 1111i/1, it 011/y acb1tm ge., receipt. Ciwti1111 is l'U!icl wit Ir or u·i1lwtt1 sig11,1111rc. If s(r\'ia by 11111il tmly, send Certified First CltLu Mui/.
READ REVERSE SIDE FOR IMPORTANT INFORMATION 1
M1ile • FinanCI! Greon • Agency Manila - Delendanl
Customer
TOY00
Bill To:
SHUZO TOYOTA
708 E PON DEROSA AVE
REEDLEY CA 93654
Attn .: SHUZO TOYOTA
Billing For: FD ADMIN CITE
0001 FD CASE #6936 AC-4757
invoice#
C41003
CITY OF REEDLEY
845 "G" STREET
REEDLEY CA 93654
(559) 637-4200
Invoice Date
October 3, 2024
INVOICE
Payment Terms: FULL PMT 30-DAYS
INVOICES NOT PAID WITHIN 30-DAYS FROM INITIAL BILLING DATE WILL BE ASSESSED A LATE FEE OF $15 PER MONTH
TOTAL DUE l
Amount Due - I
$ 1000.00
Amount Billed
1000.00
-
$ 1000.00
CITY OF REEDLEY
ADMINISTRATIVE CITATION CASE# I {./13LP , 111.IJNICt~I,~ co,c,n \,1 11'.ll.ATIIJP~S • WARNING -St.' CITo!iTlm ~ !50 02"' CITATION $100
04'" CITATION SS00 ·r: 'ANO SUBSEQUENT CITATION $1 ,000 0 J"" CITATlml S200
O'm!~!til!II tl~l!l3, ~nt'Ji~ltl,(~~
• WARNING O 1" CITATION $50 0 2'° CITATION 5100 OJ"' CITATION S200 0 4 "' CITATION 5500 0 BUILDING OR SAFETY COOE S 1,000 0 OTHER it.N.YUL «IHTJl'Ol 'lllCIU:TlO.lt!i • l;;tt~~I; NCI~~
QWARNING -• 1" CITATION S100 • 2•° CITATION $200 0 J"" CITATION 5~ 0 ILLEGAL SALES S 1.000 0 POSSESSION OR use $1 ,000
!ITATE
HEIGHT
0 SAME AS ABOVE
Si,i; nin,: of th1.1 Citutio,r is ,in.1 t111 rulmi:r.rion nf guilr, ii nnly nc ·11nwh·rlg,·.-. r,._•ccipl . r;1ntin11 i.1 ,·nfid with or ,..;,1,,,,,, .rif/1111 /llre. If ~en-ia h.~_n!ail only. send Ccr1ijied Firsr Clrus Mail.
READ REVERSE SIDE FOR IMPORTANT INFORMATION
Whrle • Finnnca Green -Ag ency Manila • Oelendanl
ToYfffJ
Customer
CITY OF REEDLEY
845 "G" STREET
REEDLEY CA 93654
(559) 637-4200
Invoice# Invoice Date
INVOICE
- - ----------------- ----------- ---- -
TOY01 C4100~
BITi To:
---------- - MARGO TOYOTA
708 E PONDEROSA
REEDLEY CA 93654
Attn .:
October 3, 2024
Amount Due
$ 50.00
Billing For: FD ADMIN CITE Payment Terms: FULL PMT 30-DAYS - -·- - - ------
Line
0001 FD CASE #6936 AC-4758
INVOICES NOT PAID WITHIN 30-DAYS FROM INITIAL BILLING DATE WILL BE ASSESSED A LATE FEE OF $15 PER MONTH
TOTAL DUE
i- ---·--···-··- ·-
I Amount Billed
50·.00
$ 50.00
CITY OF REEDLEY
ADMINISTRATIVE CITATION
N2 AC:- 14 7 58
CASE# ll83&1-.J
QJ•'° CITATION S200
!l;,,,~~ ll!!i:'Mt:!) lNPRi\C~,il
QWARNING O 1"CITATION $50 02'" CITATION 5100 QJ•° CITATIOII S200 Q •'k CITATION $500 0 BUll.DfNG OR SAFE1Y CODE $1,000 0 OTHER M!Wll ci:mt#tit. ~ JiflON!i, El!C:U!J:i\11; t,ICISI;
QWARNING O 15' CITATION $100 0 2"' CITATION $200 0 3"° CITATION S500 • ILLEGAL SALES 51,000 0 POSSESSION OR USES 1,000
Payment is d1111• w_· llhln_ ._ 1.S tg;( _~ -r~·..,, _. ·, _ ~_-·· f~ payment instructions) Corrections indicated below N!~ulri!d b'j · . . ~Y yq14 fail to make the indicated corrections by this elate, the ~ lw.-.l'of dl,.ilhf '!1.IY. . ii~
HEJGLT \\EIGIIT
lftl\TE.
);lii,'i(f; \11:'¼i T'/PE
0 SAME AS ABOVE
READ REVERS5 SIDE FOR IMPORTANT INFORMATION
'A'h1le • Finance Groan , Agency Manila . Dcfondanl
Customer
TOY00
SHUZO TOYOTA
708 E PONDEROSA AVE
REEDLEY CA 93654
Attn. : SHUZO TOYOTA
Billing For: FD ADMIN CITE
Line
0001 FD CITE CASE#6936 AC-5151
Invoice#
C50321
CITY OF REEDLEY
845 "G" STRE.ET
REEDLEY CA 93654
(559) 637-4200
Invoice Date
March 21 , 2025
INVOICE
--------- -·---.--- -
Payment Terms: FULL PMT 30-DAYS
--------
INVOICES NOT PAID WITHIN 30-DAYS FROM INITIAL BILLING DATE WILL BE ASSESSED A LATE FEE OF $15 PER MONTH
Amount Due
$ 1000.00
Amount Billed
1000.00
--· _ -· _T_OT_A_L_ D_U_E __ -----'$__ 1QQQ;.Q9
r;I Outlook
RE: 708 E Ponderosa Citation Fees
From Harper, Jesalyn <[email protected]>
Date Wed 3/5/2025 4:14 PM
To Delavega, Ashley <[email protected]>; financemom <[email protected]> Cc Horton, Rodney < [email protected]>
Thank you Ashley,
1 am looking through my records and it looks like I need 2 citations "corrected".
Citation 5151 needs to be billed out. This one was mailed out.
Cl1Y OF REEOleY
ADMINISTRATIVE CITATION
N9 AC- '5151
CASE# i f.o'J3 '(; .u,ll:!'« .:'!ia·1 -,1il1.a~n=-' ,:J.":.\-M-s=l • i -=1•1'1!..t-;t!lf : .. -- 01fit l l11j ·!fl ) It " 1Hi 1111~HI r1 , -,- E.,f ~"' h•I w·• ..Z :I1tk11",1rtM ::; t1,n~•1. P lll ,m~ ~l'.UWlll(,11,,1:ID!i,' .,· ~-;.;'!r.!flf'l f"~ t r; t)::t..1'«- .n fifl .J /·· 'J lr11j~ 1lt 11111 i ;IJU. .. ii l . lr.l
4 - ,r.1,..'tfWl..C..'1J ·~ O'.L.il:V:.·:::Jl''I.SJrt 'T r-,, 11-. f • 1~ r I 11!1r :J t'.l:1!:a.CUfflllliL ~l OI.All!/'IH U ,W'lfr !iillll
- #'.#.. " , fn;l 7 1u r P-.~-"t' i iffi f i - I l~"i '• Iii I 1h itli1 l• O•i1
:t!t l ;"i.i f""
I
I ~-" --. .-r,- ·-- \J1a , 111;
ll,l'J:::J•aj :".tC!>llCl•r,lt
>,,i, ;?t .. lTr!
Jlll,4;, RE'i'asii: SIDE FOO ~ltt:lnt/.N:r INFOl!MATO~ L',hn · ::; JI.V::- C•J:'!' r t.F ,i lf'i11TI i:••;1-;n111t Bl LLED CITE 5151 &
VOIDED #5156
Customer
TOY01
MARGO TOYOTA
708 E PONDEROSA
REEDLEY CA 93654
Attn.:
Billing For: FD ADMIN CITE
Line
Invoice#
C41029
CITY OF REEDLEY
845 "G" STREET
REEDLEY CA 93654
(559) 637-4200
INVOICE
----.-- --- ·- ---- ---,--
Invoice Date
October 29, 2024
Payment Terms: FULL PMT 30-DAYS
Amount Due
$ 100.00
Amount Billed - - !-, ----------------------------- --t=---- ~ ~ -------1 0001 FD CASE #6936 AC-4574
INVOICES NOT PAID WITHIN 30-DAYS FROM INITIAL BI LLING DATE WILL BE ASSESSED A LATE FEE OF $15 PER MONTH
TOTAL DUE
100.00
CITY OF REEDLEY N2AC- 4574
ADMINISTRATIVE CITATION CASE# I <o'tSLo M'!ii!i1¢1Mi:. (::,C)MJ ¥JQt:.,,,~ i'.] V,(,'!RNlf/0 0 1" CITATION $50 "fi/~ CITATION S100 03"' CITATION $200 • 4"' c1TATION ssoo • 5"'AND sueseouENrctTAT1ON s1Fo
~!!a ,OOIIMBl'J ,1l!F,tl,t:TIOml
0.WAFUi lNG • 1v _E:F.IXT1mH!iD O 2·o0 CITATIONS 100 0 J"' CITATION 5200 04"' CITATION 5500 OBUIL0INGOR SAFE1Y CODE S1 ,000 • OTHER ANIMAJ. CONTROL VIOLATIONS • EXCESSIVE NOISE
• WARNING O 111 CITATION 5100 O2'.,CITATION S200 0 3"° CITATION 5500 0 ILLEGAL SALES S1 ,000 0 POSSESSION OR USE $1 ,000
EYE.S
-
1 ..-1itl. firili ---~1
---~L0 SAME AS ABOVE
Signing of 1/re Citation is 1101 an admission o guilt, ii only acknowledges rraipr, Ci1a1ion is l'Glid ll'ith or wi1ho111 signature . ff servict by ~~ail only, und C,nifietl First Class Mail.
READ REVERSE SIDE FOR IMPORTANT INFORMATION While · Finance Grltiln • AgEtncy Manila • Oelendant
CITY OF REEDLEY
845 "G" STREET
REEDLEY CA 93654
(559) 637-4200
INVOICE
- -------- - - - - --------- Customer Invoice# Invoice Date TOY00 C52401 January 24, 2025
Bill To:
SHUZO TOYOTA
708 E PONDEROSAAVE
REEDLEY CA 93654
Attn .: SHUZO TOYOTA
Billing For: FD ADMIN CITE Payment Terms : FULL PMT 30-DAYS Line
0001 FD CASE #6936 AC-5135
INVOICES NOT PAID WITHIN 30-DAYS FROM INITIAL BILLING DATE WILL BE ASSESSED A LATE FEE OF $15 PER MONTH
TOTAL DUE
Amount Due
$ 1000.00
Amount Billed
1000.00
--1
$ _ 1 _Q.OQ;.QO I
CITY OF REEDLEY N2 AC.-1
513 5
I
ADMINISTRATIVE CITATION CASE# I &,931.o
~ =~!L:''JpE V~~~;rTililOO S!Jl O 2'., CITATION S100
0 4"' CITATION SSOO :,t"'.I\ND,5USSE9_Q&q CIT,1,JX;iN Jt MID llFFSNs~ PEE!M£l:l li.,IPAM:t lClf,l':li
0 3"" CrTATION $200
• WARNING O 1" CITATION S50 02"' CITATION S100 0 3"° CITATION $200 Q4™CfTATION S500 • BUILDING OR SAFETY CODE Sl,000 • OTHER .llt'IIMAA. &::~NTT(OL. 1/lt'.11.A'F!(m!I- . !f,1~$:Sll,lli; ~ e· , • WARNING O 151 CITA110N 5100 O 2"'CfTATION S200 0 3 .. CrTATION $500 0 ILLEGAL SALES S 1,000 0 POSSESSION OR use 51 ,000
IJ~S ~ICl;NSE 610 . .!}TAT!;
l letGtt
~T/1,Ti .
OOUJR
0 SAME AS ABOVE
READ REVERSE SIDE FOR IMPORTANT INFORMATION 'Mlile - Finance Green - Agency Manila - Delendanl RESOLUTION NO. 2025-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY
CONFIRMING THE AMOUNT OF THE ASSESSMENT LIEN FOR UNPAID ADMINISTRATIVE CITATION FINES RELATED TO 971 S. KLEIN AVENUE, REEDLEY, CALIFORNIA 93654
WHEREAS, on April 18, 2023, and on eight (8) subsequent occasions, the City of Reedley ("City") Code Enforcement cited Gloria Gonzalez ("Gonzalez"), the owner of the property located at 971 S. Klein A venue, Reedley, California 93654 ("Property"), for violation of City Municipal Code sections 3-2-13 for use of Pubic Way for Business, 4-2-3 (C)(l 1) for violation of the Uniform Code for the Abatement of Dangerous Buildings, and 3-2-4 (B) for failure to obtain a Business License; and
WHEREAS, although the first three (3) citations were paid, Gonzalez failed to pay the remaining citations that were issued on November 21, 2023; December 14, 2023; May 3, 2024; June 12, 2024; July 8, 2024; and February 26, 2025; and WHEREAS, City Code Enforcement has maintained an itemized account of the citations issued and the late fees charged; and
WHEREAS, the unpaid balance for citations related to the Property total five thousand, five hundred dollars ($5,500.00), late fees incurred and unpaid are one hundred ninety-five dollars ($195.00), totaling five thousand, six hundred ninety-five dollars ($5,695.00); and WHEREAS, pursuant to Municipal Code section 1-12-9, the City may impose a special assessment against real property that is the subject of unpaid fines assessed by administrative citation; and
WHEREAS, to authorize an assessment lien to be placed on the Property for inclusion in the 2025-26 tax roll, the City Council must confirm the amount of the assessment at a regularlyscheduled or special meeting; and WHEREAS, the City anticipates incurring twenty five dollars ($25.00) to record the assessment lien.
NOW, THEREFORE, the City Council, having reviewed the staff report and attachments for this matter, including Code Enforcement's itemization of outstanding citations and fines, which are incorporated herein by reference, and after receiving, reviewing, and considering any comments, arguments, and materials presented at the duly noticed hearing, hereby resolves as follows:
1. The total amount of the assessment lien in the amount of five thousand seven hundred and twenty dollars ($5,720.00), which is the sum of five thousand six hundred ninety- five dollars ($5,695.00) for administrative citations and interest, and a twenty five dollar ($25.00) recording fee for the Property is confirmed.
2. The City Manager is instructed to record a notice of lien in the Office of the Fresno County ("County") Recorder and turn over the recorded lien to the tax collector for the County.
This Resolution was duly passed, approved, and adopted by the City Council of the City of Reedley on May 13, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Matthew Tuttle, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
2 April 18, 2025
By First-Class U.S. Mail
To: Gloria Gonzalez
971 S. Klein Avenue
Reedley, CA 93654
. ·"·---- City of Reedley
Community Development Department
1733 Ninth Street
Reedley, CA 93654
(559) 637-4200
httpsi/reedlev.t..a, gov
Re: N..otice to Pnrne~tx Owner of Hearing.Confirming Lien Assessment for Administrative Citation
Dear Gloria Gonzalez:
Pursuant to City of Reedley ("City") Municipal Code section 1-12-9, this letter serves as notice that the City will conduct a hearing at Reedley City Hall at 845 "G" Street, Reedley, CA 93654, on May 13, 2025, at 7:00 p.m., to detennine whether to place an assessment lien on your real property located at 971 S. Kein Avenue, Reedley, CA 93654 ("Property") for unpaid fines assessed for the following administrative citations:
Date of Citation Violation Type · Ordinance Fine Amount 1 l/2 l/2023 Use of Public Ways for 3-2-13, 4-2-3 $500.00 Business; Violation of the (C)(l l); 10-13-1 (C)
Uniform Code; Prohibited
Home Occupancy
12/14/23 Use of Public Ways for 3-2-13, 4-2-3 $1,000.00 Business; Violation of the (C)(l 1); 10-13-1 (C)
Uniform Code; Prohibited
Home Occupancy
5/3/2024 Violation of the Uniform, 4-2-3 (C)(l 1 ); 10- $1 ,000.00 Code; Prohibited Home 13-1 (C)
Occupancy
6/12/2024 Business License; Use of 3-2-4 (B); 3-2-13; 4- $1 ,000.00 Public Ways for Business; 2-7
Building Code Violation
7/8/2024 Business License; Use of 3-2-4 (B); 3-2- 13; 4- $1 ,000.00 Public Ways for Business; 2-7
Building Code Violation
. 2/26/2025 Business License; Use of 3-2-4 (B); 3-2-13 ; 4- $1 ,000.00 Public Ways for Business; 2-7
Building Code Violation
Subtotal: $5,500.00
Late Fees: $195.00
Total: $5,695.00
The City Council will confirm the amount of fines, including late fees, administrative charges, and recording fees (which will be $25.00)~ and determine whether an assessment lien should be placed on the Property for inclusion in the 2025-26 tax roll.
You may protest the lien orally at the hearing. At the hearing, the City Council will adopt a resolution confirming the amount of the lien. Following the adoption of a resolution by the City Council, the City Clerk will file a notice of lien in the Office of the Fresno County Recorder and will place a property tax assessment with the Office of the Fresno County Tax Collector.
If you have any questions regarding the hearing, please contact Jesalyn Harper, Code Enforcement Officer, by phone at 559-637-4200, ext. 233 or by e-mail at: [email protected].
Notice of the hearing will also be provided to the following Property lien holders:
1. Pacific Union Financial, LLC
2. Mortgage Electronic Registration Systems, Inc. (MERS) The hearing will be cancelled if the invoices are paid in full prior to May 5, 2025, at 5:00 p.m.
Sincerely,
V ~1~ Rodney L. f-forta·n! Director
cc : Jesalyn Harper, Code Enforcement Officer
Enclosures: Outstanding Invoices
2 1Pag e
Notice re: Public H e arin g
Customer
GON33
Bill f o:
GLORIA GONZALEZ
971 S KLEIN
REEDLEY CA 93654
Attn ..
Billing For: FD ADMIN CITE
Invoice#
C31122
CITY OF REEDLEY
845 "G" STREET
REEDLEY CA 93654
(559) 637-4200
Invoice Date
November 22, 2023
INVOICE
Payment Terms: . FULL PMT 30-DAYS
Amount Due
$ 500.00
Line __ _______ __ ! Amount Billed
0001 CASE#6033 AC-4273 500.00
INVOICES NOT PAID WITHIN 30-DAYS FROM INITIAL BILLING DATE WILL BE ASSESSED A LATE FEE OF $15 PER MONTH
TOTAL DUE $ 500.00
CITY OF REEDLEY N2AC- 4273
ADMINISTRATIVE CITATION CASE# I (p0'3"3
;,;i.i,1NH;(j>,i,L <:g!:!it ';t~JIQ!d .
0 WARNING D 1 •• t:lf!ir.:CN ~ro 1J .P" CIT;.m JN li1flil :'.J Y: tllf,i,7•,:W ~ 0 ~"' CITATION S500 0 S""AND SUBSEQUENT CITATIONS 1,000
oFFEills.';:B 01:;E\Y~~ 1til.r.R/.lcn•Ns- · • WARNING O 1.., CITATION S50 0 2"" CITATION S100 0 J"° CITATIOM S200 0 4"' CITATION S500 0 BUILDING OR SAFETY CODE S1,000 0 OTHER ,._lflr'1.i\l. CSl'f fl\'.l!:. 'AC~Tipt;.!l • E:liCi:5:ilVE NOISE. u'ff.~F(..".it~ 0 I" CITATION $100 0 2"' CITATION S200 0 3" CITATION $500 H,\!A
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Si,11i11::; of r/rc Ci1mion is 1101 m1 admiss1m1 of gui/1, it o~ly acknowlcJgu receipt. Ci1t11ion iJ 1·aliJ ll'il/r nr wi1/ro111 si_~110111r,. If u,,,.;c, by mail only, smd Cu1ified Firs/ Class Mnil.
READ REVERSE SIDE FOR IMPORTANT INFORMATION While • Financo Green • Agency Manila • Defendnnl
CITY OF REEDLEY
845 "G" STREET
REEDLEY CA 93654
(559) 637-4200
INVOICE
____ C_us_t_om_ er ___ ··_r _- _ --_ -_· _-_ln_v_o_ic_e_#_ -______ l~nvoice -D- a_-t_e_- _-_-_ ---li-~ GON33
Bill To:
GLORIA GONZALEZ
971 S KLEIN
REEDLEY CA 93654
Attn ..
Billing For: FD ADMIN CITE
Line
C31214 December 14, 2023
Payment Terms: FULL PMT 30-DAYS
Amount Du e
$ 1000.00
Amount Billed - -- - ------------ - - ---~~ --- - ------ 0001 CASE#6033 AC-4506 INVOICES NOT PAID WITHIN 30-DAYS FROM INITIAL BILLING DATE WILL BE ASSESSED A LATE FEE OF $15 PER MONTH
-
TOTAL DUE
1000.00
$ 1000.00
C'·N:33
CITY OF REEDLEY N2 ACa 4506
ADMINISTRATIVE CITATION cAsE# I loCr,??:> MUNICIPAL CODE VIOLA.TIONS D WARNING :::J , ~- CITAT1m1 $50 0 2·,;:, CITATION StOO O 3~, CITATlmJ S200 0 4m CITATION SSQ0 ')(f' AMO SUBSEOUEN, CIT,XTION S 1 000
OFFENSES DEEMED INFRACTIONS
• WARNING O 1•• CITATION $50 0 2'•' CITATION SIGO ::J J ": CITATION S200 0 4r~ CITATION S500 0 BUILDING OR S.-XFETY CODE 5 1.0CO O OTHER ANIMAL CONTROL VIOLATIONS · EXCESSIVE NOISE
0 WARNING O l"r CITATION S100 0 2>,J CITATION '5200 0 3":> CITATlmJ S500 ILLEGAL FIREWORKS 0 ILLEGAL SALES S 1.COO
MAILING ADDRf:SS
EMAIL ADDRESS
DRIVERS LICENS!; NO
SEX HAIR
VEHICLE LICENSE NO.
YEAR MAl'..E.
REGISTERED OWNER OR LESSEE
MUNICIPAL CODE SECTION
VIOLATED
. EYES
BODY STYLE
CJ POSSESSIOM OR USE S1 ,OCO
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CLASS BIRTH DATE
I HEIGHT WEIGHT
STATE
. VEH. TYPE
0 SAME AS ABOVE
VIOLATION DESCRIPTION
· Signing of 1!,,: Ci1a1io11 is 1101 an admi.uio11 ofg11 hr. it 1111/y ac:k11 c;n·l~•d!; L'S rcceip1 Cira1io11 is w lid wi.1!, or witl,0111 sig11at11rt'. /js,:n frt• by mail only. sc:nd Certified Firsr Class .\fail.
READ REVERSE SIDE FOR IMPORTANT INFORMATION
White• Finance Green • .:>.ger.cy !.!ar.ila - Defer.cant Customer
GON33
sm ta:
GLORIA GONZALEZ
971 S KLEIN
REEDLEY CA 93654
Attn. :
Billing For: FD ADMIN CIIE
i Line ,
0001 1 CASE#6033 AC-4323
Invoice#
C40506
CITY OF REEDLEY
845 "G" STREET
REEDLEY CA 93654
(559) 637-4200
Invoice Date
May 6, 2024
INVOICE
Payment Terms: FULL PMT 30-DAYS
INVOICES NOT PAID WITHIN 30-DAYS FROM INITIAL BILLING DATE WILL BE ASSESSED A LATE FEE , OF $15 PER MONTH
Amount Due
$1000.00
Amount Billed
1000.00
$ 1000.00
. CITY OF REEDLEY NQAC- 4323
ADMINISTRATIVE CITATION CASE#
MUNICIPAL CODE VIOLATIONS
0 1N.il.RNING = \5° ClfATION S50 • 2·,c CITATION $ 100 :J J·'~ CITATION 5200 Q .P CITATION S50() ~ ,., AND SUBSEQUENT C'TATIC N 5 U OO
OFFENSES DEEMED INFRACTIONS
c ·trt,RtllNG • P" CITATIO~i sso C 2··
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,C 4'" CITA'"ION $500 .0 8UILD!NG 0R S,\FETI COD:: S 1.0CO C C IHER ANIMAL CONTROL VIOLATIONS • EXCESSIVE NOISE
:-:; 1·· CITATlmJ $100 tJ 3 '- CITATION 5:00
ILLEGAL FIREWORKS C ILLEGAL SALES S 1.000 G POSScSSION OR USES 1.000 Payment is due within 15 dia•v.1 ~~: ~1e. for payment instructions) Corrections indicated below required by _;_ -~ (..:k_ -:J .· .. . 4. hr:i1 fail to make the indicated corrections by this date. the next level of ci -. • rn~y · .. ·,:s:s.ue . ,',1,'\JLING ADDRESS
cf\.lAIL ADDRESS PHOtlE NO
DRl'IERS LICENSE N6 BIRTH ::>ATC:
SEX HAIR . EYES 'NE1GHT
1/!::HICLE UCEt-/SE NO OPERABLE
'{ t:J
COLOR \/EH. TY?E
REGISTERED OWNER OR LESSEE :::J SA/1,IE AS ABOVE
\.'lCLATIO~I DESCRIPTIOt~
nt ·le
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READ REVERSE SIDE FOR IMPORTANT INFORMATION
!fih,te - F nar:ce Gr,; ,;n • Age~t.:y ~.13:1,!a. :Jeft!nd :inl Customer
GON33
Bill To:
GLORIA GONZALEZ
971 S KLEIN
REEDLEY CA 93654
Attn.:
Billing For: FD ADMIN CITE
Line 1
' 0001 FD CITE CASE #6033 AC-4828
Invoice#
C40613
CITY OF REEDLEY
845 "G" STREET
REEDLEY CA 93654
(559) 637-4200
Invoice Date
June 13, 2024
INVOICE
Payment Terms: FULL PMT 30-DAYS
INVOICES NOT PAID WITHIN 30-DAYS FROM INITIAL BILLING DATE WILL BE ASSESSED A LATE FEE OF $15 PER MONTH
Amount Due
$ 1000.00
Amount Billed
1000.00
TOTAL DUE $ 1000.00
GoN33
CITY OF REEDLEY N2 AC:- 1
48 28
ADMINISTRATIVE CITATION cAsE#I lo033 I
liltlNICIW,!,,'e.()01; Vlfll:,A~
QWARNINO Q1111 CITATIONS50 02'°CrTATION$100 Q3"'CITATION S200 04"'CITATION $500 7-t"AND SUBSEQUENT CITATION $1,222.,, <:•mPJSEB-D~E?.tED INFJU,~S
• WARNING O 1" CITATION SS0 02"' CITATION $100 03'" CITATION $200 04"' CITATION 5500 0 BUILDING OR SAFETY COOE 51,000 • OTHER Al'liWII. Otli'flf!X)L.Ot/ l01.A1W~ 1 •ill:iic-e"rlil; ~Ql:sl;:
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HEIGHT
QPl!l'WILI!!
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. b SAME AS ABOVE
READ REVERSE SIDE FOR IMPORTANT INFORMATION
While . Finance Greo n • Agency Manila • Dofondanl
-------- ! Customer
GON33
Bill To:
GLORIA GONZALEZ
971 S KLEIN
REEDLEY CA 93654
Attn.:
Billing For: FD ADMIN CITE
C40709
CITY OF REEDLEY
845 "G" STREET
REEDLEY CA 93654
(559) 637-4200
Invoice Date
July 9, 2024
INVOICE
Payment Terms: FULL PMT 30-DAYS
Amount Due
$ 1000.00
I line r-------·· _______ .. _ .. __ ------- - - ···- - - - - - ----- - .. ··- -- --·---------· -------l 0001 i FD CASE #6033 AC-4837
I
. INVOICES NOT PAID WITHIN 30-DAYS FROM INITIAL BILLING DATE WILL BE ASSESSED A LATE ; FEE OF $15 PER MONTH
TOTAL DUE
Amount Billed
1000.00
S 1000.00
CITY OF REEDLEY
ADMINISTRATIVE CITATION CASE# I (cf)XJ
til,filli!:li>AL'CODE ~WUTIQN~
• WARNING O 111 CITATION S5<i 02'"' CITATION StOO 03"" CfTATI0N 5200 0 4'" CITATION ~00 ~•• ANO SUBSEOUEN1' CITATION ~;-000
OFFENSES OEEMEO INFRACTIONS
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(JWAANING 01" CITATION $100 02"" CITATION 5200 03"" CfTATIOH ~00 0 ILLEGAL SAi.ES $1,000 0 POSSESSION OR USES 1,000
f!J;!Jl!,. ;, .• ,i!! ss
STATE B0iH-EllifE
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wrim;-..m---
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0 SAIAE AS ABOVE
READ REVERSE SIDE FOR IMPORTANT INFORMATION
'Nhilo - F'inance Green • Ager,<;y Manila • Oelendanl
Customer
GON33
Bill To:
GLORIA GONZALEZ
971 S KLEIN
REEDLEY CA 93654
1 Attn.:
Invoice#
C50227
-=------------·---·---·
CITY OF REEDLEY
845 "G" STREET
REEDLEY CA 93654
(559) 637-4200
Invoice Date
February 27, 2025
INVOICE
Amount Due
$ 1000.00
Billing For: FDADMI N CITE Payment Terms: FULL PMT 30-DAYS I
I
Line
0001 FD CASE #6033AC-5·147
INVOICES NOT PAID WITHIN 30-DAYS FROM INITIAL BILLING DATE WILL BE ASSESSED A LATE FEE OF $15 PER MONTH
TOTAL-DUE
I Amount Billed
I 1000.00
$ 1000.00
CITY OF REEDLEY N2 AC- 1
514 7
ADMINISTRATlVE CITATION CASE# L fo(j 3 ~l
lll!JNI~LconE viot.:A~Ji!J. .
0 WARNING !I'' e lT~1~fil 'S!;Q Q 2"" CITATION S 100
04"' CITATIOtl SS. 00 .. ~ -_,I,>¢ ~jjQ-~f QIJllr!1 ratr1 rti;lli , r: ,(JirJ Of!lll!N9ti Ollft'MDO' MC-TI~$
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6TATE
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READ REVERSE SIDE FOR IMPORTANT INFORMATION 1
/1bile - F,nance Gree n -,\gency Mar.Ila - Celendanl
bON53
DATE:
TITLE:
SUBMITTED:
APPROVED:
May 13, 2025
REEDLEY CITY COUNCIL
L Consent
~ Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: \C)
ANNUAL MILITARY EQUIPMENT REPORT AS PER REEDLEY CITY
ORDINANCE 5-14-5: REPORT ON THE USE OF MILITARY
EQUIPMENT FOR THE 2024 CALENDAR YEAR.
Marc A Ediger, Chief of Police
Nicole R. Zieba, City Manager
RECOMMENDATION
That the City Council in accordance with section 5-14-5 of the City of Reedley Municipal Code, accepts the 2024 annual Military Equipment Use Report. This report outlines the utilization, costs, feedback, and any future plans regarding the use of military equipment approved by the City Council.
BACKGROUND
Assembly Bill 481 (AB481 ), codified in Government Code sections 7070 through 7075, mandates that a law enforcement agency (LEA) must secure approval from the governing body for the continued use and reporting of equipment employed during the prior calendar year.
Additionally, AB481 requires governing bodies to approve a military use ordinance. In 2022, the Reedley City Council voted and approved the Reedley City Ordinance 5-14-5, known as the "Military Equipment Use Ordinance."
Under Reedley City Ordinance 5-14-1 through 5-14-7, items classified as "military equipment" serve as integral components of established best practices for LEAs nationwide. These tools undergo rigorous field testing and are deployed by LEAs to bolster community and officer safety. The absence of such equipment would pose risks to the well-being of the community and the peace officers within the Reedley Police Department.
Contrary to popular belief, the term "military equipment," as described in Reedley City Ordinance 5-14-1 through 5-14-7, does not exclusively denote equipment utilized by the military. As per AB481, items categorized as "military equipment" encompass, among other things, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal 40 mm projectile launchers, and distraction devices.
The Reedley Police Department remains steadfast in its commitment to leveraging the most advanced tools and equipment to safeguard its police officers and the community. Many of the items identified as "military equipment" by Reedley City Ordinance 5-14-1 through 5-14-7 are actively utilized by the Reedley Police Department and other LEAs nationwide to reduce risk of violence or injury to police officers and community members. These resources furnish law enforcement with the means to defuse volatile situations, thereby mitigating the likelihood of lethal force encounters.
• SUMMARY OF MILITARY EQUIPMENT USE
During the calendar year 2024, the military equipment approved by the City Council was utilized for various law enforcement operations and events, including training exercises. The equipment was primarily deployed in situations requiring specialized capabilities, such as tactical operations, emergency response, and ensuring officer safety.
1. Unmanned Aircraft Systems (drone)
a. In the year 2024, UAS deployments totaled (212) launches. Of the total deployments, (108) primarily focused on conducting large area and / or building searches for wanted suspects and individuals reported as missing. These deployments yielded success in locating the targeted individuals in multiple events. The remaining (104) launches were conducted as training missions by department certified pilots.
2. 40mm Less Lethal Launchers and Kinetic Energy Munitions a. In the year 2024, neither the 40mm launcher nor its accompanying munitions were utilized in any active incidents. There were ( 14) foam training rounds used for training purposes by the Special Response Team.
3. Unmanned Remotely Powered Ground Vehicle
a. In the year 2024, the unmanned ground vehicle, commonly referred to as the "robot," remained inactive during actual incidents. Nevertheless, it was actively employed in training exercises to ensure operational readiness and enhance operator proficiency.
4. Flash-bang Grenades
a. In the calendar year 2024, flash-bang grenades were not deployed during any actual incidents.
• COMPLAINTS OR CONCERNS
Throughout the reporting period, the Police Department received no complaints or concerns related to the use of military equipment.
• INTERNAL AUDITS AND COMPLIANCE
Internal audits were conducted to ensure compliance with the Military Equipment Use Policy.
No violations of the policy were identified during the reporting period. • COST ANALYSIS
The total annual expenditures during the 2024 calendar year for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, and upgrades, amounted to $0.00. Planned purchases for the acquisition of military equipment in the 2025 calendar year will be provided from the PSST fund 003-4307-5440. • QUANTITY AND ACQUISITION PLANS
As of the end of 2024, the Police Department possesses the following type of "military equipment." In the upcoming year, the Police Department intends to acquire (1) additional Unmanned Aircraft System and required accessories to enhance operational capabilities and replace outdated equipment that has reached the end of its functional life.
1. Unmanned Aircraft Systems
a. The police department currently owns 4 UASs.
i. One (1) OJI Magic Enterprise Advanced Thermal
ii. One (1) OJI Mavic Enterprise Advanced Thermal II
iii. One (1) OJI Mavic Pro 2 (to be replaced in 2025)
iv. One (1) OJI Avata (indoor UAS)
2. 40mm Less Lethal Launchers and Kinetic Energy Munitions a. The police department currently owns one (1) 40mm Less Lethal Launcher and twenty-three (9) rounds of Exact Impact kinetic energy munitions.
3. Unmanned Remotely Powered Ground Vehicle
a. The police department currently owns one (1) Unmanned Remotely Powered Ground Vehicle.
4. Flashbang Grenades
a. The police department currently owns five (5) bodies and seven (7) reload canisters.
" COMMUNITY ENGAGEMENT MEETING
In compliance with section 5-14-5(0) of the Municipal Code, the Police Department will conduct a well-publicized and conveniently located community engagement meeting within thirty (30) days of submitting this report, tentatively scheduled for Thursday, May 22, 2025 at 6:00pm in the Reedley City Council Chambers. This meeting will provide an opportunity for the public to inquire about and discuss the annual Military Equipment Report. The department will also have applicable equipment on display for the meeting.
CONCLUSION
The Police Department remains committed to maintaining transparency and accountability in its use of military equipment. This annual report serves as a testament to our ongoing efforts to ensure the responsible and justified utilization of these resources in serving and protecting the community of Reedley.
ATTACHMENT(S)
• Copy of Reedley City Municipal Code; Chapter 14: Military Equipment
REEDLEY MUNICIPAL CODE; CHAPTER 14: MILITARY EQUIPMENT
CHAPTER 14
MILITARY EQUIPMENT
SECTION:
5-14-1: Name Of Ordinance
5-14-2: Definitions
5-14-3: Military Equipment Use Policy Requirement
5-14-4: Use In Exigent Circumstances
5-14-5: Reports On The Use Of Military Equipment
5-14-6: Severability
5-14-1: NAME OF ORDINANCE:
This chapter shall be known as the Military Equipment Use Ordinance. (Ord. 2022-003, 4- 26-2022)
5-14-2: DEFINITIONS:
The following terms shall apply to this chapter as written unless context indicates or requires a different meaning:
CITY:
Any department, agency, bureau, and/or subordinate division of the City of Reedley.
CITY COUNCIL:
The governing body that is the Reedley City Council.
EXIGENT CIRCUMSTANCES:
A law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.
MILITARY EQUIPMENT:
Includes all of the following (Per CA Gov. Code §7070):
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
REEDLEY MUNICIPAL CODE; CHAP:YER 14: MILITARY EQUIPMENT However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
8. Firearms of .SO caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
9. Ammunition of .SO caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
10. Specialized firearms and ammunition of less than .SO caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .SO caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).
14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
MILITARY EQUIPMENT USE POLICY:
REEDLEY MUNIClPAL CODE; CHAPTER 14: MILITARY EQUIPMENT,, ,.,},•• .. v,,~·,,:-" .. ~ A publicly released, written document that includes, at a minimum, all of the following:
1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.
2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.
3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.
6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
POLICE DEPARTMENT:
Any division, section, bureau, employee, volunteer and/or contractor of the Reedley Police Department.
STATE AGENCY:
The law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV ( except Section 20 thereof) or Article VI of the California Constitution.
TYPE:
Each item that shares the same manufacturer model number. (Ord. 2022-003, 4-26-2022) 5-14-3: MILITARY EQUIPMENT USE POLICY REQUIREMENT:
A. The Reedley Police Department shall obtain approval of the City Council, by an ordinance adopting a Military Equipment Use Policy (MEUP) at a regular meeting of the City
Council held pursuant to the Ralph M. Brown Act (Chapter 9 ( commencing with Section 54950) of Part 1 of Division 2 of Title 5), prior to engaging in any of the following:
1. Requesting Military Equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
2. Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or Federal funds, in-kind donations, or other donations or transfers.
3. Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.
4. Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the City of Reedley.
5. Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.
7. Acquiring Military Equipment through any means not provided by this section.
B. No later than May 1, 2022, if seeking to continue the use of any Military Equipment that was acquired prior to January 1, 2022, the Reedley Police Department shall commence a City Council approval process in accordance with this section. If the City Council does not approve the continuing use of Military Equipment, including by adoption pursuant to a Military Equipment Use Policy submitted pursuant to this code, within 180 days of submission of the proposed Military Equipment Use Policy to City Council, the Reedley Police Department shall cease its use of the Military Equipment until it receives the approval of City Council in accordance with this code.
C. In seeking the approval of City Council, the Reedley Police Department shall submit a proposed Military Equipment Use Policy to City Council and make those documents available on the Police Department's internet website at least thirty (30) days prior to any public hearing concerning the Military Equipment at issue.
D. The governing body shall consider a proposed Military Equipment Use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).
E. The governing body shall only approve a Military Equipment Use Policy pursuant to this chapter if it determines all of the following:
1. The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
REEDLEY MUNICIPAL CODE; CHAPTER 14: MILITARY EQUIPMENT
2. The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
F. In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use.
G. The City Council shall review any ordinance that is has adopted pursuant to this Chapter approving the funding, acquisition, or use of Military Equipment at least annually and vote on whether to renew the ordinance at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9 ( commencing with Section 54950) of Part 1 of Division 2 of Title 5). (Ord. 2022-003, 4-26-2022)
5-14-4: USE IN EXIGENT CIRCUMSTANCES:
A. Notwithstanding the provisions of this Chapter, the Police Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this code.
B. If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all of the following actions:
1. Provide written notice of that acquisition or use to the City Council within thirty (30) days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.
2. If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within ninety (90) days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.
3. Include the Military Equipment in the Police Department's next annual Military Equipment Report (Ord. 2022-003, 4-26-2022)
5-14-5: REPORTS ON THE USE OF MILITARY EQUIPMENT:
. '
REEDLEY MUNICIPAL CODE; CHAPTER 14: MILITARY EQUIPMENT
A. The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council within one year of approval, and annually thereafter for as long as the Military Equipment is available for use.
B. The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.
C. The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:
1. A summary of how the Military Equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the Military Equipment.
3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.
4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.
5. The quantity possessed for each type of Military Equipment.
6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.
D. Within thirty (30) days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual Military Equipment report and the law enforcement agency's funding, acquisition, or use of Military Equipment.
E. The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this code and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in the annual Military Equipment Report as not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization of or that type of Military Equipment or require modification to the Military Equipment Use Policy in a manner that will resolve the lack of compliance. (Ord. 2022-003, 4-26-2022)
5-14-6: SEVERABILITY:
REEDLEY MUNICIPAL CODE; CHAPTER 14: MILITARY EQUIPMENT
A. If any section, subsection, sentence, clause, phrase, or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter.
B. The City Council hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional. (Ord. 2022-003, 4-26- 2022)
Minutes
COMMUNITY SERVICES COMMISSION
Thursday, December 5, 2024
A regular meeting of the Community Services Commission was called to order at 4:31 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 Minami Chairperson, Shirley Ito Vice Chairperson, Jenny Peters, Angelina Rodriguez
Commissioners Absent: Maria Rodriguez, David Carter
B. Youth Representatives Absent: Adelina Villarreal absent, Guadalupe Rodriguez
C. Staff Present: Sarah Reid, Community Services Director D. Others: None
2. AGENDA APPROVAL
It was moved by Commissioner Ito, seconded by Commissioner Peters that the agenda of December 5, 2024 be approved. The motion carried.
3. APPROVAL OF MINUTES
It was moved by Commissioner Peters, seconded by Commissioner Ito that the minutes of October 24, 2024 be approved. The motion carried.
4. PUBLIC DISCUSSION - None
5. ORAL AND WRITTEN COMMUNICATIONS- None
6. STAFF REPORT
Sarah Reid, Director reported the North Soccer Phase at the Sports Park is moving along. Due to weather and getting the park space seeded, there will be a delay to getting the park open by January 1, 2025. Once staff has a better timeline this will be shared with the Commission. The Camacho Park Rehabilitation project is currently out to bid for a design firm. This closes soon and the City of Reedley hopes to award this contract in late January. A floor inspector was on site at the Community Center to look at the denting happening to the floors that staff has noticed. Staff is waiting on a response from Armstrong Flooring regarding next steps. Kayla Cheney, Administrative Assistant, has gone out on maternity leave. Silvia Rodriguez will act in this position in her absence.
Silvia had already requested to be out of the office on this date so Director Reid is taking the minutes. Staff will start working on a Recreation Program flyer for January-March. This will go out the end of December. The Community Recreation Grants will go in front of the City Council on December 17. These have not been awarded yet. Staff had no success reaching the representative
Minutes
COMMUNITY SERVICES COMMISSION
Thursday, December 5, 2024
for the Toys for Tots program. Staff reached out multiple times with no response.
The Community Services Department will not offer this program this year due to not receiving a response and approval to participate.
7. YOUTH REPRESENTATIVE REPORTS- None
8. COMMISSIONER COMMENTS
Commissioner A. Rodriguez attended the last Framers Market at Reedley College. She attended a field trip to the Reedley Museum and went next door to the Reedley Opera House where she received a tour from Susan Lusk.
Commissioner Peters presented on the topic of Public Speaking to some of the Community Services Department staff. Director Reid shared her appreciation for Commissioner Peters willingness to do this and said it was well received and staff enjoyed the activities.
Vice Chairperson Ito attended the Ribbon Cutting Ceremony for the Performing Arts Building at Reedley College. It is very nice and the event was well attended.
Pickleball time has changed for the winter months to 8:30-11 :30am.
Chairperson Minami shared that Randy Lepp continues opening for the public pickleball use at Reedley High School. Chairperson Minami attended the Senior Prom and it was nice to see this event. He helped at the Gnardog Fiesta Walk Run event and felt Recreation Coordinator Taylor Cardenas did an incredible job.
He worked the area of crossing Dinuba Ave with the help of Reedley PD Explorers. There is growing concern around wear being seen on the deck at the Reedley High School Pool Complex. Kings Canyon United School District (KCUSD) is currently getting quotes to have areas resurfaced. There will be a 3- meter diving board installed which is new to the facility. The two existing diving boards will be shifted to the west side of the pool. This will allow the diving boards to be available during water polo season and not have to be removed.
KCUSD is working to purchase new timing and scoring equipment.
9. ADJOURNMENT
As there was no further business to discuss, the meeting was adjourned at 5:03p.m.
Respectfully submitted,
Minutes
COMMUNITY SERVICES COMMISSION
Thursday, December 5, 2024
Sarah Reid, Community Services Director Darren Minami, Chairperson
NATIONAL PUBLIC WORKS WEEK
May 19- May 23
2003- President George W. Bush issued Presidential
Policy Directive 8 (PPD-8) officially recognizing Public Works Personnel as First Responders
The National Emergency Management System (NIMS)
lists Public Works alongside Police and Fire as essential personnel